Senate committee substitute makes the following changes to the 4th edition.
Amends Section 13, regarding the rule for protection of existing buffers in the Jordan Lake watershed, and requiring exemptions to that rule for publicly owned spaces where the buffers pose a risk to public safety. Further requires identical exemptions under, and amendments to, nine additional specified rules regarding the Neuse River Basin, Tar-Pamlico River Basin, Randleman Lake Water Supply Watershed, Goose Creek Watershed Quality Management Plan, Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers, and Catawba River Basin.
Amends Section 15, which amended GS 105-275 by designating certain classes of property, subject to seven listed riparian buffer rules and being used as riparian buffers, as excluded from tax. Replaces all current text with a direction to the fiscal Research Division to estimate the value of property subject to those same rules, and the value of property being used as a riparian buffer under those same rules. Directs the Fiscal Research Division to report its findings to the Environmental Review Commission and the Revenue Laws Study Committee by May 1, 2018.
Further amends GS 74-51 (Permits--application, granting, conditions). Provides that a public hearing is not required for a modification of a mining permit to extend the duration of the permit to a life-of-site or life-of-lease under GS 74-50(d) or (d1).
Deletes Section 19, which required cities or counties that accept state funds for specified activities to prohibit certain alteration, excavation, or removal of sand dunes.
Amends GS 143-214.12 (Division of Mitigation Services: Ecosystem Restoration Fund). Further authorizes the use of the Ecosystem Restoration Fund to acquire, maintain, enhance, restore, or create streams in accordance with a basinwide plan. Deletes the provision requiring a recipient of funds under subsection (a1) to grant a conservation easement to the Department of Environmental Quality. Authorizes a recipient of funds under subsection (a1) that acquires a conservation easement or interest in real property appurtenant to a restoration project delivered to the Division of Mitigation Services to transfer the easement or interest to a federal or state agency, a local government, or a private nonprofit conservation organization approved by the Division of Mitigation Services. Requires any nonprofit conservation organization that the Department conveys real property or an interest therein acquired under the Division of Mitigation Services to be approved by the Division. Requires any grant of real property or an interest therein to a federal or State agency, a local government, or a private nonprofit conservation organization approved by the Division of Mitigation Services under subsection (a1) to be in a form that is acceptable to the Department of Environmental Quality.
The Daily Bulletin: 2017-06-21
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The Daily Bulletin: 2017-06-21
AN ACT TO MAKE TECHNICAL CHANGES TO THE REVENUE LAWS. Enacted June 21, 2017. Effective June 21, 2017, except as otherwise provided.
| Intro. by Brawley, Saine, Szoka. | GS 105 |
Senate committee substitute makes the following changes to the 2nd edition.
Deletes all provisions of the previous edition. Changes the act's long and short titles, and now provides the following.
Part I. Modify School/Class Size Report Date
Amends GS 115C-47(10), as amended, to change the reporting dates for the biannual report that must be submitted by local boards of education to the Superintendent of Public Instruction (Superintendent) regarding school organization data for each school in a local administrative unit to October and February of each year (currently, September and February).
Amends GS 115C-301(f), as amended, to change the reporting dates for the biannual report that must be submitted by local boards of education to the Superintendent regarding the organization for each school in a local administrative unit to October and February of each year (currently, September and February).
Applies beginning with the 2017-18 school year.
Part II. Makes Conforming Changes to Career Status Statutes to Align with North Carolina Supreme Court Decision
Repeals Section 9.6(a) of SL 2013-360, which repealed GS 115C-325 (System of employment for public school teachers) effective June 30, 2018.
Amends GS 115C-325 (System of employment for public school teachers) as follows. Amends subsection (a) to eliminate career school administrator, career teacher, day, exchange teacher, probationary teacher, school administrator, and year from the defined terms. Amends the definition of a career employee to now define the term to mean an employee who was awarded career status with that local board as a teacher prior to August 1, 2013. Removes reference to a school administrator from the definition of demote. Redefines disciplinary suspension to mean a final decision to suspend a career employee without pay for no more than 60 days under GS 115C-325(f)(2).
Adds new subsection (a1), providing that the statute applies only to career employees. Specifies that no person who is employed as a teacher who did not acquire career status as a teacher by August 1, 2013, can have career status. Makes conforming changes to refer to career employees only and limit the statute's scope to career employees.
Modifies subsection (n), regarding appeals from dismissal, demotion, or suspension without pay for career employees, delineating the grounds of appeal for a career employee under the statute to include that the decision of the board: is in violation of constitutional provisions; is in excess of the statutory authority or jurisdiction of the board; was made upon unlawful procedure; is affected by other error of law; is unsupported by substantial evidence in view of the entire record as submitted; or is arbitrary or capricious.
Makes conforming technical and clarifying changes. Makes language gender neutral.
Amends GS 115C-218.90(a)(3) and GS 115C-238.68(3), permitting a teacher who has received a leave of absence to teach at a charter school or regional school to return to a public school in the local school administrative unit at the end of the leave of absence or upon the end of employment at the charter school or regional school if an appropriate position is available, as well as return with career status if the teacher has career status under GS 115C-325 prior to receiving a leave of absence to teach in a charter or regional school. Further amends GS 115C-218.90(a)(3) to delete the provision providing that when an appropriate position is unavailable for teachers returning from leave from teaching at a charter school, the teacher has priority for all positions for which that teacher is qualified.
Amends GS 115C-287.1, adding new subsection (f1). Provides that if a school administrator held career status as a teacher prior to appointment as a school administrator in the same local administrative unit, the school administrator retains career status as a teacher if the school administrator is not offered a new, renewed, or extended contract by the local board of education, unless the school administrator voluntarily relinquished career status or is dismissed or demoted pursuant to GS 115C-325. Amends existing subsection (h), providing that if the school administrator held career status as a teacher in the local school administrative unit prior to being employed as an assistant principal and the State Board of Education for any reason that does not extend the school administrator's provisional assistant principal's license, the school administrator retains career status as a teacher unless the school administrator voluntarily relinquished career status or is dismissed or demoted pursuant to GS 115C-325.
Amends GS 115C-296(b)(1)a.1, concerning the teacher licensure program, to include continuing licensure of a teacher as defined in GS 115C-325.1(6) as existing law specifies.
Amends GS 115C-302.1(b), adding dismissal under GS 115C-325.4 for which a teacher who has been prepaid and continues to be employed by a local board but fails to attend scheduled workdays may be subject.
Amends GS 115C-325.1, setting out definitions for the provisions relating to principal and teacher employment contracts, to add a clause making the definitions set out in GS 115C-325 applicable to the Part.
Makes conforming changes to GS 115C-404(b) to refer to a "career employee" instead of a "career teacher."
Amends GS 116-239.10(4) similarly to GS 115C-238.68(3), permitting a teacher who has received a leave of absence to teach at a lab school to return to a public school in the local school administrative unit at the end of the leave of absence or upon the end of employment at the lab school if an appropriate position is available, as well as return with career status if the teacher has career status under GS 115C-325 prior to receiving a leave of absence to teach in a lab school.
Makes conforming changes to GS 143B-146.8(b) to refer to a career employee instead of a career teacher.
Makes conforming change to repeal Section 9.6(i) of SL 2013-360.
Amends Section 9.6(j) of SL 2013-360, providing that GS 115C-325.1 through GS 115C-325.13 as enacted apply to all teachers on one-, two-, or four-year contracts beginning July 1, 2014. Deletes the provision making those statutes as enacted applicable to all teachers employed by local boards of education or the State on or after July 1, 2018.
Makes conforming changes to repeal Sections 9.7(o) through 9.7(t) of SL 2013-360, and Sections 9.7(v) through 9.7(x) of SL 2013-360, amending various statutes concerning teacher and personnel licensure and evaluation. Makes conforming changes to Section 9.7(y) of SL 2013-360.
Repeals Section 8.38(c) of SL 2015-241, which repeals GS 115C-325(e)(2) as amended by that act effective June 30, 2018.
Part III. Authorize Assistant Principals at Certain Schools to Conduct Evaluations for Beginning Teachers
Amends GS 115C-333(a) and GS 115C-333.1(a), permitting the required annual evaluation of teachers assigned to low-performing and non low-performing schools that have not been employed for at least three consecutive years to be conducted by an assistant principal for high schools with at least 1,500 schools, so long as at least one evaluation in a teacher's first three years of employment is conducted by a principal. Applies beginning with the 2017-18 school year.
Part IV. Superintendent Study Student Health Issues
Directs the Superintendent of Public Instruction (Superintendent) to convene a Work Group to study effective and positive intervention measures or policy changes to address risky behaviors and encourage student health and mental health. Details the composition of the Work Group. Directs the Superintendent to report on the Work Group's findings and recommendations to the State Board of Education and the Joint Legislative Education Oversight Committee by April 1, 2018.
Part V. State Board of Education Interagency Advisory Committee and School-Based Mental Health Initiative Delay Implementation
Prohibits the State Board of Education (State Board) from adopting or implementing any policies or recommendations from the Interagency Advisory Committee established by the State Board in Policy ADVS-009 until October 1, 2018.
Directs the State Board to change the timelines for the development and implementation of plans and training as required by Policy SHLT-003 regarding school-based mental health initiatives as provided for local school administrative units and charter schools.
Part VI. Study/Expand Computer Science to All Students
Directs the Superintendent and the Department of Public Instruction (Department) to develop recommendations to further the teaching and student learning of computational thinking and computer science in NC K-12 schools. Directs the Superintendent and Department to collaborate with the Friday Institute and the NC School of Science and Math. Details requirements of the study, including developing curriculum guidelines aligned with the K-12 Computer Science Framework (October 2016) developed by the CSforAll Consortium.
Directs the Superintendent to report to the Joint Legislative Education Oversight Committee on the recommendations developed in accordance with this act by January 15, 2018.
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. Enacted June 21, 2017. Effective June 21, 2017.
Senate committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Amends proposed GS 147-86.81 (Prohibitions on State investment). Directs the State Treasurer, upon completion of the initial list of restricted companies, to identify any restricted companies in which the NC Retirement System has investments (was, in which the NC Retirement System owns direct holdings and indirect holdings). Amends the timeline for divestment to require divestment within 180 days of the adoption of the list (was, within 180 days of the adoption of the policy).
Amends GS 147-86.42, defining terms with regard to GS Chapter 147, Article 6D (Sudan (Darfur) Divestment Act). Deletes active business operations, direct holdings, inactive business operations, and indirect holdings. Adds the term investment. Amends the definition of substantial action. Amends terminology to replace the termsscrutinized business operationsandscrutinized companywithrestricted business operationsandrestricted company, respectively. Makes technical and conforming changes.
Amends GS 147-86.43 (Identification of companies). Replaces existing provisions with the following. Directs the public fund, within 90 days of August 30, 2007, to develop and make publicly available a list of companies it determines to be engaged inrestricted business activities, using specified sources of information, including other state lists of restricted companies under similar laws, and to make every effort to avoid erroneously including a company on the list. Provides notice and comment requirements to the companies that will be included on the list, and provides that if a company demonstrates that it is not engaged in restricted activities, it shall not be included on the list. Directs the public fund to update the list on an annual basis based on evolving information from the listed sources.
Amends GS 147-86.44 (Required actions). Replaces existing provisions with the following. Prohibits the public fund from investing with companies on the list created under GS 147-86.43. Requires existing investments with companies on the list to be divested within 180 days of the adoption of the list. Exempts companies which the US government affirmatively declares to be excluded from its present or future Sudan-related federal sanctions regime from the divestment and investment prohibitions. Does not require the NC Retirement Systems or the State Treasurer to take action, unless it is determined in good faith by the Treasurer, that the action is consistent with the fiduciary responsibilities of the Retirement Systems and the State Treasurer.
Amends GS 147-86.45 (Reporting). Replaces existing provisions with the following. Directs the public fund to report to the Joint Legislative Commission on Governmental Operations annually on October 1 on information regarding investments sold, redeemed, divested, or withdrawn under this Article.
Repeals GS 147-86.47 and GS 147-86.48 (regarding other legal obligations, and reinvestment).
Amends GS 147-86.56. Amends the legislative findings to state that effectively addressing the need for the State to respond to the policies of Iran in a uniform fashion requires prohibiting contracts withcompanies(was, persons) engaged in investment activities in Iran's energy sector on a statewide basis.
Amends GS 147-86.57, defining terms with regard to GS Chapter 147, Article 6E (Iran Divestment Act), to define company and make conforming changes.
Amends GS 147-86.58 (Prohibitions on State investment). Directs the State Treasurer, in making the list of companies that engage in investment activities in Iran, to use any other state lists of restricted companies under similar law, and several other listed sources. Directs the State Treasurer to update the list annually (was, every 180 days). Requires existing investments in a company on the list to be divested within 180 days of the company being placed on the list (was, within 180 days of the adoption of the policy). Makes technical and conforming changes.
Repeals GS 147-86.59 (Certification required).
Makes conforming changes to GS 147-86.60.
Amends GS 147-86.61 (Exceptions). Provides that a company engaged in investment activities in Iran may not be placed on the list if the State Treasurer determines, as currently specified, that the company's investments were made before October 1, 2015, and other currently listed requirements (current law allows the company to contract with the State or a political subdivision, but does not prohibit placing the company on the list). Directs the State Treasurer to update the list annually (was, every 180 days). Makes conforming changes.
Amends GS 147-86.62 (Report; application). Replaces existing text with the following. Directs the State Treasurer to report to the Joint Legislative Commission on Governmental Operations annually by October 1 on information regarding investments sold, redeemed, divested, or withdrawn under this Article.
Makes conforming changes to GS 147-86.63.
Except as otherwise provided, the act is effective October 1, 2017.
| Intro. by Ross, Szoka, Hardister, B. Richardson. | GS 147 |
Senate committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Makes organizational changes.
Enacts new GS 150B-19.4 (Requirements on rules with substantial financial costs). Prohibits an agency from adopting a permanent rule or set of rules with a projected aggregate financial cost to all persons affected equal to or greater than $100 million during any five-year period. Requires an agency's determination of the projected aggregate financial cost of a permanent rule or set of rules to comply with GS 150B-21.4(b1), and may not include any financial benefits of the permanent rule or set of rules. Requires proposed permanent rules or sets of rules with a projected aggregate financial cost of $10 million or more during any five-year period to meet one of three listed approval requirements, depending on the type of agency, and also be subject to the provisions of GS 150B-21.3(b1) as if the rule or set of rules received written objections from 10 or more persons and a bill specifically disapproving the rule or set of rules was introduced in a house of the General Assembly before the thirty-first legislative day.
Amends GS 150B-21.6 (Incorporating material in a rule by reference). Authorizes incorporation by reference of all or part of a code, standard, or regulation adopted by the federal government, in a rule, so long as the agency establishes a procedure by which any change by the federal government is reviewed and approved by the agency within 120 days of the change.
Amends GS 150B-19.3 (Limitation on certain environmental rules). Amends the limitation in that statute to apply it topermanentrules (currently, does not specify permanent or otherwise) for the protection of the environment or natural resources. Subjects a permanent rule required by a serious and unforeseen threat to public health, safety, or welfare to the limitation and legislative review provisions of GS 150B-19.4(b) and (c).
Makes amendments to GS 150B-21.3A apply to agency rule reports submitted on or after October 1, 2017 (was, May 1, 2017). New GS 150B-19.4 and amended GS 150B-19.3 apply to proposed permanent and readopted rules published in the NC Register and proposed permanent rules posted on the website of the Office of Administrative Hearings on or after October 1, 2017.
| Intro. by Jordan, Stevens, Hardister, Floyd. | GS 150B |
House committee substitute makes the following changes to the 1st edition.
Deletes all of the previous provisions. Changes the act's long and short titles.
Modifies GS Chapter 90C to include in its scope licensed music therapists and changes the title of the Chapter to North Carolina Recreational and Music Therapy Licensure Act. Amends GS 90C-22 to define licensed music therapist and music therapy. Defines music therapy as the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program, as specified.
Amends GS 90C-23 to rename the North Carolina Recreational Therapy Licensure Board as the North Carolina Recreational and Music Therapy Licensure Board (Board). Makes conforming changes throughout the Chapter. Increases the composition of the Board from eight to ten members to include two practicing music therapists appointed by the General Assembly, one recommended by the President Pro Tempore and one by the Speaker. Provides that the initial music therapist Board member recommended by the Speaker will serve a two-year term, with subsequent music therapist Board members recommended by the Speaker serving a term in accordance with subsection (d), which provides for three-year staggered terms. Adds that initial music therapist Board members do not have to be licensed upon appointment, but requires initial music therapist Board members to satisfy applicable licensure requirements once they are established. Adds that, for the one public member that must have received recreational therapy or therapeutic recreation services, that public member can have alternatively received music therapy or music therapy services.
Amends GS 90C-24(13), expanding the directive of the Board to establish or approve reasonable competency requirements for licensure and renewal to include continuing music therapy education.
Amends GS 90C-27 to add a new subsection requiring the Board to license any person as a licensed music therapist who: (1) meets a minimum level of education, clinical training, and experience as defined by the rules of the Board and (2) meets the passage of an appropriate examination as a music therapist offered by the Board or current certification as a Music Therapist-Board Certified (MT-BC) from the Certification Board for Music Therapists.
Amends GS 90C-29 to include music therapy license renewal in the existing provisions concerning license renewal under the Chapter.
Amends GS 90C-32, adding to the actions that can trigger revocation, suspension, or denial of licensure to include (1) practicing music therapy without a current license and (2) having a music therapy license revoked or suspended, or subject to other disciplinary action in North Carolina or another jurisdiction.
Amends GS 90C-33 to include in the reciprocity provisions music therapy licensure by a similar Board of another country, state, or territory whose licensing standards are substantially equivalent to or higher than those required by the Chapter.
Amends GS 90C-34, making conforming changes to the list of persons and practices not affected by the Chapter.
Effective January 1, 2018.
| Intro. by Warren, Blackwell, Corbin, Williams | GS 90 |
Senate amendment makes the following changes to the 4th edition.
Makes amendments to GS 90-113.73 (regarding requirements for the controlled substances reporting system) effective September 1, 2017 (4th edition made part of the amendments effective when the act became law, and other parts 30 days after the date the Chief Information Officer notified the Revisor of Statutes of the fulfillment of a certain condition). Makes conforming changes.
| Intro. by Murphy, Davis, Malone, Horn. | GS 90 |
Senate committee substitute to the 2nd edition makes the following change. Amends GS 116B-77 by making a technical change.
| Intro. by Hurley. | GS 116B |
Senate committee substitute makes the following changes to the 3rd edition.
Replaces the content of proposed GS 14-67.2, establishing a felony for burning caused during the commission of another felony, with the following. Makes it a Class D felony for any person, during the commission of a felony, to knowingly damage any dwelling, structure, building, or conveyance referenced in GS Chapter 14, Article 15 (Arson and Other Burnings) by fire or explosion that causes damage valued at $10,000 or more. Also makes it a Class D felony to, during the commission of a felony, knowingly cause, aid, abet, advise, encourage, hire, counsel, or procure another person to do the same.
| Intro. by McNeill, Hurley. | GS 14 |
Senate committee substitute makes the following changes to the 1st edition.
Instead of authorizing the addition of Black River State Park to the State Parks System, requires the Division of Parks and Recreation to study acquiring land and establishing a State Park on the Black River. Specifies what is to be included in the study and requires public input and a cost estimate. Requires a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on or before March 1, 2018. Make conforming changes and deletions. Makes conforming changes to the act's long title.
| Intro. by Dobson, Brisson, Brenden Jones, Hunter. | STUDY |
Senate committee substitute makes the following changes to the 1st edition.
Changes the act's long and short titles, and adds the following new provisions.
Section 2
Amends GS 58-7-21 (Credit allowed a domestic ceding insurer). Makes organizational and clarifying changes to subsection (b), pertaining to credit for reinsurance allowed to a domestic ceding insurer that meets the requirements of the subsection's subdivisions. Adds descriptors to existing subdivisions. Modifies subdivision (2), clarifying that an accredited insurer is one accredited by the Commissioner of Insurance (Commissioner). Makes further clarifying changes. Removes language explicitly prohibiting credit from being allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the Commissioner after notice and opportunity for hearing. Modifies and adds to subdivision (4), setting forth the requirements for credit for reinsurance for reinsurers maintaining trust funds, as specified. Adds new subdivision (4a), authorizing credit for reinsurance when the reinsurance is ceded to an assuming insurer that has been certified by the Commissioner as a reinsurer in the State and secures its obligations in accordance with the requirements set out in new subdivision (4a), as described. Makes conforming changes to include the requirements of new subdivision (4a) in the general provisions of subsection (b). Modifies subdivision (6) to also apply its provisions to insurers not certified to transact insurance or reinsurance in the State. Changes the language of subsubdivision (6)b to refer to the ceding insurer instead of the ceding company. Makes the conditions of subdivision (7) applicable to credit permitted by new subdivision (4a).
Adds new subdivision (b)(8), authorizing the Commissioner to suspend or revoke a reinsurer's accreditation or certification if the accredited or certified reinsurer ceases to meet the requirements for accreditation or certification. Provides for notice and opportunity to be heard before the suspension or revocation can take effect, unless one of the three exceptions as specified apply. Provides for the effect on resinsurance contracts issued or renewed after the effective date of a suspension or revocation. Adds new subdivision (b)(9), requiring a ceding insurer to take steps to (1) manage its reinsurace recoverables proportionate to its own book of business and (2) diversify its reinsurance program, notifying the Commissioner as specified concerning the risk exposure.
Effective January 1, 2019.
Section 3
Amends GS 58-7-26 (Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of GS 58-7-21). Modifies the permitted forms of security set out in subsection (a), clarifying that the securities that are listed by the Securities Valuation Office of the NAIC that are acceptable forms of security under subdivision (a)(2) include those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Valuation Office. Amends subdivision (a)(3) to refer to the ceding insurer rather than the ceding company. Effective January 1, 2019.
Section 4
Directs the Department of Insurance to adopt rules substantially similar to the most recent model regulation on suitability in annuity transactions issued by the National Association of Insurance Commissioners. Adds that rules adopted pursuant to this provision are not subject to Part 3 of Article 2A of GS Chapter 150B.
Section 5
Repeals Part 4 of Article 60 of GS Chapter 58 (Suitability in Annuity Transactions Act). Effective on the date that rules adopted pursuant to Section 4 of the act become effective. Directs the Codifier of Rules to notify the Revisor of Statutes of the effective date of rules adopted as required by this act.
Section 6
Makes technical changes to the effective date provisions pertaining to Section 1 of the act.
| Intro. by Setzer, Bumgardner, Henson, Destin Hall. | GS 58 |
AN ACT REPEALING THE AUTHORITY OF ORANGE COUNTY TO IMPOSE IMPACT FEES. Enacted June 20, 2017. Effective June 20, 2017.
| Intro. by Stevens. | Orange |
House committee substitute makes the following changes to the 1st edition.
Changes the act's long title.
Modifies the exemption for student clinics and college programs set out in the definition of massage and bodywork therapy establishment in proposed GS 90-622(3a)e to include massage and bodywork therapy programs offered by a degree- or diploma-granting college or university that is exempt from licensure pursuant to GS 116-15(c) in the exemption.
Amends proposed GS 90-632.15(a)(10), clarifying that the NC Board of Massage and Bodywork Therapy Board (Board) can deny, suspend, revoke, discipline, or refuse to approve a massage and bodywork therapy establishment if the applicant for or holder of a massage and bodywork therapy establishment license (previously, of a massage and bodywork therapy license) has pleaded guilty, entered a plea of nolo contendere, or has been found guilty of a crime involving moral turpitude by a judge or jury in any state or federal court.
Expands proposed GS 90-632.17 to include the prohibition of the solicitation of sexual activity by any person(s) in any massage and bodywork therapy establishment.
Changes the effective date of the proposed changes to GS 90-634 pertaining to enforcement of the Article to December 1, 2017 (previously, October 1, 2017), and makes the changes applicable to offenses committed on or after that date.
New Section 13 amends GS 14-202.10(2) to remove massage businesses from the definition of adult establishment. Makes a conforming repeal of definitions in GS 14-202.10(7) and GS 14-202.10(8). Amends GS 14-202.11 by adding a new subsection to prohibit any person from permitting the practice of massage or bodywork therapy in an adult establishment. Effective October 1, 2017.
New Section 14 amends GS 105-41 to add massage and bodywork therapists to those professionals who must obtain a statewide license to practice their profession, which is taxes at $50 for each license. Applies to taxable years beginning on or after July 1, 2018.
| Intro. by McNeill, Bert Jones, R. Turner, Hurley. | GS 90 |
Senate committee substitute makes the following changes to the 3rd edition.
Changes the act's long title.
Amends GS 14-309.6 to define a nonprofit organization to mean an organization or association recognized by the Department of Revenue as tax-exempt pursuant to GS 105-130.11(a) or any bona fide branch, chapter, or affiliate of that organization. Makes conforming changes to GS 14-309.15.
Modifies and adds to GS 14-309.15 (Raffles). Adds new provision requiring that each regional or county chapter of a nonprofit organization be eligible to conduct raffles in accordance with the statute independently of its parent organization. Authorizes a nonprofit organization to hold no more than four raffles per year (was, limits nonprofit organizations to two raffles per year). Increases the maximum total cash prize that can be offered or paid by any nonprofit organization to $250,000 from $125,000. Makes conforming changes.
Amends GS 18B-308 (Sale and consumption at bingo games), removing raffles from the scope of the prohibition on the sale and consumption of alcohol under the statute.
Enacts GS 18B-903A, providing for reissuance of permits to a nonprofit organization that has received a limited special occasion permit pursuant to GS 18B-1001(9), or a special one-time permit pursuant to GS 18B-1002(a)(2) or (a)(5) within the preceding 18 months so long as the same individual representing the organization requests the reissuance of the permit for the same location. Details information required for reissuance, including the location and description of the event. Makes a reissued limited special occasion permit valid for 48 hours before and after the occasion for which the permit was issued and a reissued special one-time permit valid only for the period stated on the permit. Provides that the reissuance application fee is the same as the initial fee set out in GS 18B-902 and nonrefundable. Prohibits the Commission from investigating the applicant and the premises for which the reissuance is requested more than once every three years. Permits the Commission to request the assistance of local ABC officers in investigating applications. Makes it a Class 1 misdemeanor to knowingly make a false statement in the application for a permit reissuance. Also makes knowingly making a false statement on the reissuance application grounds for denying, suspending, revoking, or taking other action against the permit provided in GS 18B-104. Effective December 1, 2017, and applies to offenses committed on or after that date.
Amends GS 18B-1002(a)(5), concerning special permits for local governments and nonprofit or political organizations to serve wine, malt beverages, and spirits at a ticketed fundraiser event. Adds a provision providing that the issuance of this permit allows nonprofit organizations to offer alcoholic beverages in the manufacturer's original closed container as a prize in a raffle or sell alcoholic beverages in the manufacturer's original closed container at auction at the ticketed event to allow the nonprofit organization to raise funds.
Senate committee substitute makes the following changes to the 2d edition:
Amends GS 47-36.1 (Notice of errors in recorded instruments of title). Authorizes notice of nonmaterial typographical or other minor errors (was, or other minor nonmaterial errors) in deeds or other instruments recorded with the register of deeds by recording a corrective notice affidavit. Provides that an error that would affect the respective rights of a party to the instrument is not a nonmaterial typographical or minor error.
Amends GS 47-36.2 (Cure of obvious description errors in recorded instruments). Amends definition ofauthorized attorney to include attorneys authorized by title insurance companies or title insurance agents and to make technical changes. Amends definition ofobvious description error to replace the first three types of listed errors with an error defined as follows: one or more of five listed types of information, as stated in the instrument, are inconsistent in that one or more identify the property incorrectly, and the error is made apparent by reference to other information contained in the instrument, contained in an attachment to the instrument, or contained in another instrument in the chain of title for the subject parcel, including a recorded plat. Further includes other omitted descriptive information within the definition, and subjects all types of omitted descriptive information to the requirement that the correct legal description may be determined by reference to other information contained in the instrument. Amends the definition oftitle insurance agent to require that the agent have issued, or propose to issue, a policy of title insurance covering real property described in a recorded instrument needing correction. Amends the definition oftitle insurance company to further include companies that have proposed to issue a policy of title insurance covering real property described in a recorded instrument needing correction. Requires service of the notice of intent and copy of an unsigned proposed curative affidavit to be made under Rule 4(j) or Rule 4(j5) of the Rules of Civil Procedure (was, Rule 4). Amends the parties entitled to service of notice to require notice with a deed of trust to further go to any assignee of the beneficiary known to the party filing the curative affidavit or its authorized attorney. Further requires notice, with UCC fixture filings or other recorded instruments of title(as defined) that may be adversely affected by the recording of the curative affidavit, to go to any current record mortgagee, record beneficiary, record assignee, or record secured party. Clarifies that notice to title insurance companies is required if applicable and known. Replaces the provisions regarding if and when an authorized attorney may record a proposed curative affidavit with a provision authorizing the authorized attorney to record a proposed curative affidavit at any time after 45 days have elapsed since the last person to be served was served, so long as the attorney has received no written objections; however, if the attorney receives a written objection at any point prior to the recordation of the curative affidavit, the curative affidavit may not be recorded. Creates new subsection (e), requiring a written objection to the recordation of the proposed curative affidavit or disputing the facts recited in the proposed curative affidavit to be delivered in one of five listed ways. Re-letters subsections accordingly. Amends the conditions that make an affidavit sufficient as a curative affidavit to require the email and facsimile number of the affiant, if available, and to make conforming changes. Exempts the trustees or substitute trustees in a deed of trust from the names in which the register of deeds must index the curative affidavit. Makes conforming changes. Provides that curative affidavits in substantially the statutory form, when properly completed, are sufficient to satisfy the requirements of subsection (f) (former subsection (e)). Amends the statutory form. Specifies that the period for the commencement of an action contesting the validity or efficacy of a curative affidavit under the statute is one year from the date of recording, with an exception for actions for damages.
Amends proposed GS 47-408.28 by deleting proposed (a) and (b) and providing the following instead. Makes an instrument conveying, or purporting to to do so, an interest in real property that has a defect, irregularity, or omission effective to vest tile as though there was no defect, etc., if: (1) the instrument is recorded in the county where the property is situated and (2) the material defect, irregularity, or omission is not corrected within seven years of recordation. Proper recordation and indexing of a curative instrument or notice of lis pendens tolls this seven-year period. Specifies conditions that must be met in order for an instrument to be deemed to contain a defect, irregularity, or omission.
Makes the act effective August 31, 2018 (was, when the act became law).
AN ACT TO ESTABLISH SOCIAL SERVICES REGIONAL SUPERVISION AND COLLABORATION; REFORM THE CHILD WELFARE SYSTEM IN THIS STATE; IMPROVE ACCOUNTABILITY AND STATE OVERSIGHT OF THE CHILD WELFARE SYSTEM; REQUIRE WRITTEN AGREEMENTS, CORRECTIVE ACTION, AND STATE INTERVENTION WITH SOCIAL SERVICES DEPARTMENTS; CREATE REGIONAL SOCIAL SERVICE DEPARTMENTS; ESTABLISH A CHILD WELL‑BEING TRANSFORMATION COUNCIL; ESTABLISH A DRIVERS LICENSE PILOT PROJECT; ESTABLISH A PILOT PROGRAM TO AUTHORIZE A WAIVER OF THE EMPLOYMENT REQUIREMENT FOR FOSTER PARENTS OF CHILDREN RECEIVING INTENSIVE ALTERNATIVE FAMILY TREATMENT; REDUCE THE TIME FRAME A PARENT HAS TO APPEAL FROM A TERMINATION OF PARENTAL RIGHTS ORDER; REDUCE THE TIME FRAME FOR LICENSURE APPROVAL REGARDING FOSTER CARE; AND REQUIRE CHILD PROTECTIVE SERVICE OBSERVATION BEFORE PHYSICAL CUSTODY OF CHILD MAY BE RETURNED. Enacted June 21, 2017.Effective June 21, 2017, except as otherwise provided.
House committee substitute makes the following changes to the 2nd edition.
Amends GS 153A-145.7 (concerning construction permits issued by a county) and GS 160A-205.3 (concerning construction permits issued by a city) to prohibit a fee in lieu of payment related to off-site improvements from exceeding 120% (was, 20%) of the roughly proportionate impact or the estimated cost of the associated construction (was, the roughly proportionate impact) of the permittee's development, unless otherwise agreed to. Requires that the estimated construction costs (was, estimated actual costs) be calculated by a licensed professional engineer.
Senate committee substitute makes the following changes to the 3rd edition.
Deletes the provisions of previous Part I, amending GS 115C-218.45, GS 115C-218.1(b), GS 115C-218.7, and GS 115C-15, pertaining to charter schools in the workplace.
Makes organizational changes to the act.
Moves the provisions in previous Part II to Part I.
Part II
Modifies the proposed changes to Section 6.5 of SL 2014-101, as amended, to require the State Board of Education (State Board) to ensure that the rules for a fast-track replication process provide that the decision on whether to grant a charter through the replication process be completed in less than 120 (previously, 90) days from the application submission date.
Part III
Amends GS 115C-218.7(b) to make the provisions of the subsection, which provide that enrollment growth of greater than 20% is considered a material revision of the charter and requires approval of the State Board, apply only to charter schools identified as low-performing (currently, charter schools identified as low-performing cannot be approved by the State Board for this additional enrollment growth). Makes conforming changes.
Enacts GS 115C-217.7(b1), providing that enrollment growth of greater than 25% is considered a material revision of the charter and requires approval of the State Board for any charter school not identified as low-performing. Sets out the findings that must be shown for the State Board to approve additional enrollment growth of more than 25%, which are identical to those set forth in GS 115C-218.7(b) as amended.
Makes conforming changes to GS 115C-218.8 (Nonmaterial revisions of charters).
Applies to approvals for material changes on or after the date the act becomes law.
Part IV
Amends GS 115C-218.45(f) to add students who were enrolled in another NC charter school in the preceding year to the students to which a charter school can give enrollment priority.
Part V
Amends GS 115C-218(c)(3), describing the powers and duties of the Office of Charter Schools, to add the duty to assist certain charter schools seeking to participate in the NC prekindergarten program in accordance with GS 115C-218.115, as enacted by this act.
Further amends GS 115C-218.45(f) to add a student who was enrolled in a preschool program operated by the charter school in the preceding year to the students to which a charter school can give enrollment priority.
Enacts GS 115C-218.115, Operation of NC Pre-K Programs, to permit a charter school to apply to a local contracting agency to participate in the NC prekindergarten (NC Pre-K) program as a local program site offering families a high-quality prekindergarten experience. Allows a charter school seeking to operate as an NC Pre-K program site to request administrative and technical assistance from the Office of Charter Schools with its application to the local contracting agency so long as the charter school meets the following four qualifications: (1) the charter school has operated as a charter school for at least three years; (2) the charter school is not currently identified as low-performing; (3) the charter school meets generally accepted standards of fiscal management; and (4) the charter school is substantially in compliance with State law, federal law, the charter school's own bylaws, and the provisions set forth in its charter granted by the State Board. Provides for the Office of Charter Schools' assistance in determining whether the charter school's proposed program meets building and other state standards, and the standards required to be selected as a site under the NC Pre-K program. Sets forth qualifications that must be met for a charter school otherwise meeting all of the requirements for a child care facility license to be able to use an existing or newly constructed classroom in the charter school for three- and four-year-old preschool students without further modifications.
Part VI
Amends Section 7.22(h) of SL 2011-145, as amended, directing the Director of the NC Virtual Public School (NCVPS) program to continue to ensure course quality standards are established and met for courses developed by NCVPS. Removes the requirement that the Director ensure all e-learning opportunities other than virtual charter schools offered by State-funded entities to public students are consolidated under the NCVPS program, eliminating course duplication.
Instead, authorizes local school administrative units to partner with eligible providers other than the NCVPS for e-learning opportunities. Sets requirements for eligible providers, including being accredited by a regional accrediting agency.
Part VII
Makes organizational change to GS 115C-218.105(b) concerning the use of state and local funds by schools.
Part VIII
Removes the application provision of the act.
| Intro. by Bradford, Saine, Stone, Grange. | GS 115C |
The Daily Bulletin: 2017-06-21
House committee substitute makes the following changes to the 2nd edition.
Deletes all of the previous provisions. Changes the long and short titles, and now provides the following.
Enacts GS 115C-382.5 to encourage local boards of education to adopt a student attendance recognition program within the local school administrative unit. Provides that, if a local board of education adopts a student attendance recognition program, a student with an absence resulting from service as a legislative page or a governor's page is eligible for participation in the program, and the absence cannot be included as part of the student's record of attendance for purposes of this program. Applies beginning with the 2017-18 school year.
Amends GS 143B-1226, concerning the classes of eligibility for children of veterans under which higher education scholarships administered by the Department of Military and Veterans Affairs (Department) can be awarded. Adds to subdivision (3), setting out Class II, and subdivision (4), setting out Class III, providing that for the purposes of each subdivision, a child includes any person meeting either the requirements set forth in GS 143B-1224(3)a or b, and who is a child as defined in 37 USC 401.
Directs the Department to document the number of applicants who apply for Class II and Class III scholarships under GS 143B-1226. Directs the Department to report this information to the Joint Legislative Oversight Committee on General Government by March 30, 2018, including the total number of applications received and the total number of those applications made eligible as a result of the changes included in this act.
House amendment #1 amends proposed GS 7A-757(b), directing the Chief Administrative Law Judge to appoint at least one individual (previously, a qualified individual) to serve as a part-time special administrative law judge (ALJ) as previously specified.
Senate committee substitute makes the following changes to the 1st edition.
Changes the act's long and short titles. Deletes the previous provisions and now provides the following.
Amends GS 105-449.88 to add a tax exemption (instead of a refund as provided for in the previous edition) for motor fuel sold to a joint agency created by interlocal agreements pursuant to GS 160A-462 to provide fire protection, emergency services, or police protection. Effective January 1, 2018, and applies to purchases made on or after that date.
| Intro. by Sanderson. | GS 105 |
House committee substitute makes the following changes to the 1st edition.
Deletes all provisions of the previous edition and now provides the following.
Changes the act's long and short titles.
Directs the Department of Health and Human Services (DHHS) to specify a standardized electronic format for local management entities/managed care organizations (LME/MCOs) when submitting encounter data to DHHS. Directs LME/MCOs to submit specified data to DHHS using that format. Authorizes DHHS to use encounter data for five purposes, including measuring quality of services by LME/MCOs. Directs DHHS to work with LME/MCOs to ensure successful submission of encounter claims through NC Tracks. Directs DHHS to report to the Joint Legislative Oversight Committee on Health and Human Services by February 1, 2018, on the success of the data submission process. Applies to contracts entered into on or after the date the act becomes law.
Amends GS 122C-112.1(a)(39) to direct the Secretary of DHHS (Secretary) to further develop standard contracts for LME/MCOs for management of State appropriations and federal block grant funds (in addition to contracts for the operation of the 1915(b)(C) Medicaid Waiver). Requires that the contracts include quality outcome measures for mental health, developmental disabilities, and substance use disorders.
Amends GS 122C-3 to delete the terms county program and program director, to redefine area board and area director, and make conforming changes. Amends the definition of area director to apply regulations of area directors to the administrative heads of area authorities, LMEs, or LME/MCOs, regardless of title or contract. Defines LME as an area authority (was, an area authority, county program, or consolidated human services agency).
Amends GS 122C-115.4(b) to require an LME to obtain the prior written approval of the Secretary of the Department of Health and Human Services to enter into a contract with another entity to perform the primary functions of an LME. Applies to contracts entered into on or after the act's effective date.
Amends GS 122C-116. Amends the caption to read Status of area authority. Clarifies the definition of area authority to mean a local political subdivision established by counties for the management and delivery of services for individuals with mental illness, intellectual or other developmental disabilities, and substance use disorders under a 1915(b)/(c) Medicaid Waiver, and clarifies its status and functions as an LME. Clarifies the meaning of LME, and the terminology around it.
Amends GS 122C-117(a) to direct an area authority to maintain disability-specific infrastructure and competency to address the needs of disabilities covered by the 1915(b)/(c) Medicaid Waiver, to maintain administrative and clinical functions, and to maintain full accountability for all aspects of Medicaid Waiver operations and meeting contract requirements. Enacts new subsection (a2), authorizing an area authority to subcontract to other entities the following functions upon the written approval of the Secretary: information systems; customer service operations; claims processing; provider, enrollment, credentialing, and monitoring; professional services; treatment plan development; and referral to services. Provides that new subsection (a2) applies to area authority subcontracts to other entities entered into on or after the date the act becomes law.
Amends GS 122C-118.1 to authorize boards of county commissioners to use an alternative area board appointment process subject to the Secretary's approval. Otherwise requires area board participation from each of the constituent counties of the area authority, and directs the Secretary to appoint members to the area board if the boards of county commissioners do not comply with the requirements of this statute. Requires a member of the board to have expertise in health insurance, health plan administration, or business expertise (currently this seat requires an individual with insurance expertise consistent with the scale and nature of the managed care organization). Requires that at least three-quarters of the constituent counties adopt a resolution to appoint area board members using an alternative process, in addition to obtaining approval from the Secretary, before the boards of county commissioners in a specified sized area can use the alternative appointment method. Sets additional requirements for seeking the Secretary's approval. No longer limits the power to remove members to the initial appointing authority. Requires LME/MCOs to annually notify the Secretary of seven pieces of information, including the area board appointment process, beginning on July 1, 2017. Makes technical changes. Directs area boards not currently in compliance with the revised composition requirements to comply no later than October 1, 2017.
Enacts new GS 122C-147.3 (LME/MCO use of funds). Directs LME/MCOS to use funds only for purposes related to their functions and responsibilities under GS Chapter 122C, or to carry out functions and responsibilities required by state law, federal law, or contract with DHHS.
Amends GS 122C-124.2(c) to further direct the Secretary to take the described actions regarding notification of noncompliance when the Secretary determines that an LME/MCO has failed to comply with new GS 122C-147.3.
Amends GS 122C-121 (Area director) to clarify that area directors are full-time employees who may not be employed in any other capacity for the performance of services while serving as area director. Provides new requirements for salaries higher than those established by the State Human Resources Commission, requiring the area board to submit a request for the higher salary to the Director of the Office of State Human Resources and the Secretary, and obtain prior written approval from both the Director of the Office of State Human Resources and the Secretary. Sets limits on authorizing or paying higher salaries based on the average range of other area directors. Prohibits the area board from authorizing a salary for an area director without complying with the above-described requirements. Directs the area board to reduce an area director's compensation that does not comply with the above-described requirements and notify the Secretary within 60 days of the Secretary's determination of noncompliance. Authorizes the Secretary to appoint a caretaker board of directors if noncompliance continues past 60 days. Subjects the total compensation to area directors to review and written approval by the Director of the Office of State Human Resources and the Secretary on at least an annual basis to determine compliance with the statute's requirements. Directs each area board to submit to the Secretary and the Director of the Office of State Human Resources a copy of all current employment agreements, contracts, and amendments, with its area director. Requires the area director to ensure compliance by the area authority with the powers and duties of the area authority established under GS 122C-117. Requires the appointment of the area director to be based on the recommendations of at least two candidates by a search committee. Requires 30 days' notice of termination of an area director. Applies both to currently employed area directors hired prior to the effective date of this act, and area directors hired after that date. Directs each LME/MCO to submit a copy of all current employment agreements, contracts, and amendments to the Secretary and the Director of the Office of State Human Resources within 30 days of this act's effective date.
Amends GS 122C-154 (Personnel) to delete the provision designating employees appointed by the county program director as county employees, and to make conforming changes. Amends provisions governing when an area authority's employees may be paid more than the established salary ranges.
Amends GS 126-11 (Local personnel system may be established; approval and monitoring; rules and regulations) to provide that the merger or consolidation of two or more LME/MCOs requires a new petition to determine whether any portion of its total personnel system meets the requirements of the statute, and to make technical changes.
Amends SL 2015-241, Section 12F.2(a), to direct DHHS, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to distribute 1/11 of each LME/MCO's single stream allocation which remains after substracting the amount of the distribution that was made to the LME/MCO in July of the fiscal year, on the first Tuesday of each month of the fiscal year after July, effective July 1, 2017.
Amends GS 122C-141(d)(1) to allow counties that satisfy their duties under GS 122C-115(a) through a consolidated human services agency to be considered a qualified provider.
Repeals GS 122C-115.1 (County governance and operation of mental health, developmental disabilities, and substance abuse services programs) and GS Chapter 122C, Article 4, Part 2A (Consolidated human services).
Directs the Revisor of Statutes to make conforming changes to GS Chapter 122C.
Except as otherwise indicated, effective when the act becomes law.
House committee substitute makes the following changes to the 1st edition.
Changes the act's long title.
Directs the Department of Health and Human Services (Department) to convene a workgroup to evaluate the laws governing the lack of capacity to proceed process as specified. Details the composition of the workgroup. Directs the Department to present preliminary findings of the workgroup to the eight listed stakeholder organizations. Directs the workgroup to finalize recommendations for improvement to the system after consultation with the specified stakeholders, and directs the Department to report to the Joint Legislative Oversight Committees on Health and Human Services and on Justice and Public Safety by February 1, 2018. Details the required contents of the report, including solutions to reduce the number of persons who lack capacity to proceed, the number of persons who are referred to the State psychiatric hospitals, and the number of stays in the hospitals beyond the clinical needs of the person who lacks the capacity to proceed.
House committee substitute makes the following changes to the 1st edition.
Amends the long title.
Amends the whereas clauses to reflect that the Council of State has yet to vote on a petition made on May 2, 2017 (1st edition referred to a petition made on April 4, 2017).
Amends GS 143-260.10 (Components of State Nature and Historic Preserve). Amends each subsection, except for those that have been previously repealed, to change the date at which lands and/or waters must have been within the boundaries of each listed park, park system, or area, in order to be considered part of the State Nature and Historic Preserve (Preserve), to May 2, 2017 (currently, May 6, 2014; 1st edition, April 4, 2017). Amends the subsection determining which land within New River State Park is within the Preserve, to exclude a specified tract within Ashe County, Chestnut Hill Township. Amends the subsection determining which land within Chimney Rock State Park is within the Preserve, to provide that the State may provide space at the communications tower site currently excluded from the Preserve, to State public safety, emergency management, Rutherford County local governments, and public television agencies, for the placement of antennae, repeaters, and other communications devices for public communications purposes, as well as communications equipment necessary for proper operation of the communications devices. Amends the subsection determining which land within Lumber River State Park is within the Preserve, to make a technical correction to the currently proposed exclusion, and to exclude an additional specific tract within Robeson County, Pembroke Township.
| Intro. by Hise, Britt. | GS 143 |
House committee substitute makes the following changes to the 3rd edition.
Amends proposed GS 115C-268.5, regarding the powers and duties of the Professional Educator Preparation and Standards Commission (Commission). Directs the Commission, in developing and recommending rules related to the appropriate courses for calculation of individual and cohort grade point averages (GPAs) for admission to educator preparation programs (EPPs), to consider which of two methods of calculating GPA would be most appropriate for clinical residency students.
Amends proposed GS 115C-269.15, regarding minimum admissions requirements for EPPs. Creates an exception to the individual GPA requirements for clinical resident students if the hiring local school administrative unit determines that the student has at least 10 years of relevant experience. Amends the exception to the individual GPA requirement for a program leading to licensure in career and technical education to provide that the determination that the student has at least five years of relevant experience is to be made by the hiring local school administrative unit. Makes organizational changes, clarifying that the cohort GPA requirements apply to all EPP students, regardless of whether their program leads to licensure in career and technical education.
Amends proposed GS 115C-269.25, regarding clinical partnerships and practice in educator preparation programs. Requires an EPP to ensure that clinical educators that supervise students in internships be rated at least at the "proficient" level (3rd edition: at the "accomplished" level). Provides that the principal must determine which clinical educator best meets the needs of each intern, and shall assign the most appropriate clinical educator to that intern, with priority consideration for clinical educators rated "distinguished" and "accomplished." Requires documentation of reasons for determining that a teacher rated as "proficient" is the most appropriate clinical educator for an intern. Amends the requirements for Clinical mentors, replacing the requirement that an educator be rated "accomplished" with requirements identical to those at proposed GS 115C-300.1(c), for mentor teachers (added in this committee substitute, see below).
Amends GS 115C-284(e). Authorizes a local board of education to select a retired principal or retired assistant principal to serve as an interim principal for the remainder of any school year, regardless of licensure status. Makes a conforming change.
Amends proposed GS 115C-300.1, regarding new teacher induction programs. Deletes the requirement that the State Board of Education (SBOE) conduct a study of the needs of new teachers. Replaces the currently proposed requirements for the SBOE's criteria in selecting mentor teachers, now requiring them to be rated at least as "proficient," or to be retired. Provides that the principal shall determine which mentor teacher best meets the needs of each new teacher, and shall assign the most appropriate mentor teacher to that new teacher, with priority consideration for those mentor teachers rated as "distinguished" and "accomplished." Requires documentation of reasons that a teacher rated as "proficient," or a retired teacher, was selected as the most appropriate mentor. Provides for "accomplished" teachers to be mentors at a different school building from which the mentor is assigned under certain criteria. Deletes provisions directing SBOE to allot funding for mentoring services.
Amends proposed GS 115C-270.20, regarding licensure requirements. Amends the requirements for retirement licensure to require that the licensee have been employed by a local school administrative unit after retirement, either as a substitute teacher, or as a part-time provider of listed services, including tutoring and teacher mentoring.
Amends proposed GS 115C-270.30, regarding licensure renewal. Amends the literacy-related continuing education requirements to make them apply only to elementary school teachers (3rd edition also applied them to middle school teachers). Makes a conforming change to the requirements for renewal of retirement licensure. Provides that a member of the General Assembly is exempt from the continuing education credit requirements for teachers during any five-year licensure renewal cycle in which the member serves in the General Assembly, as long as the member notifies the Department of Public Instruction of the exemption during that five-year licensure renewal cycle.
Provides that any professional educator license issued by SBOE before the effective date of this act continues in effect until the expiration of that license. Authorizes SBOE 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 this act.
Creates a three-year Educator Preparation Pilot Program from the 2017-18 to 2019-20 school years. Directs SBOE, upon recommendation of the superintendent, to select up to two new EPPs to be part of the program by October 1, 2017. Provides requirements for the selection of the EPPs, and provides that they are deemed recognized EPPs for the duration of the pilot period, and are permitted to recommend clinical residency candidates for licensure without receiving State approval.
Amends GS 115C-218.90. Requires the board of directors of each charter school located in a local school administrative unit to adopt a policy that mirrors the local board of education's policy, if any, that provides for periodic checks of criminal history of employees. Directs the board of directors to indicate, upon inquiry by another local board of education, charter school, or regional school in the State, as to the reason for an employee's resignation or dismissal, if an employee's criminal history was relevant to the employee's resignation or dismissal.
Amends GS 115C-238.73. Authorizes the board of directors of a regional school to adopt a policy providing for uniform periodic checks of criminal history of employees, which shall not be required to be paid for by the employees. Directs a board of directors to indicate, upon inquiry by any other local board of education, charter school, or regional school in the State as to the reason for an employee's resignation or dismissal. Directs the board of directors to report the reason for an employee's resignation to SBOE if a teacher's criminal history is relevant to a teacher's resignation.
Amends GS 115C-325. Creates an exemption to the meeting, notice, and reply requirements in subsection (f) prior to suspending a career employee without pay, for when the teacher is incarcerated or in the custody of a local, State, private, or federal correctional facility. When that is the case, the superintendent must provide written notice of charges, written explanation of the basis for the charges, and an opportunity for the teacher to respond in writing. Amends subsection (o) to require that a local board of education notify SBOE if a teacher's criminal history is relevant to a teacher's resignation without the consent of the superintendent.
Amends GS 115C-325.5, creating an exemption identical to that created in the amendments to GS 115C-325(f).
Amends GS 115C-325.9, creating a notification requirement identical to that created in the amendments to GS 115C-325(o).
Amends GS 115C-332. Authorizes local boards of education to adopt a policy for periodic checks of criminal history of employees, identical to that authorized in the amendments to GS 115C-238.73.
Subject to the enactment of H 155 (Modify Educator Licensure Requirements), 2017 Regular Session, amends GS 115C-325(f) and (o), as amended by this act, to replace the term "teacher" with either "career employee," and to delete a reference to "probationary employees."
Senate committee substitute makes the following changes to the 1st edition.
Amends proposed GS 18B-1001(21), which governs Homemade Alcoholic Beverage Competition and Tasting Permits. Makes a technical change, replacing the term licenseewithpermittee. Makes an organizational change and technical changes.
Makes the bill effective August 1 (was, July 1), 2017.
| Intro. by Sanderson. | GS 18B |
House committee substitute makes the following changes to the 2nd edition.
Amends Section 2(b), which directs the Environmental Management Commission (Commission) to classify certain facilities as agricultural operations exempt from 15A NCAC 02D .1806. As amended, provides that any facility that stores products that are (1) grown, produced, or generated on one or more agricultural operations and (2) renewable energy resources shall be exempt from that rule's requirements until the Commission reviews and readopts the rule pursuant to section 2(c) and determines criteria under which the exemption should be made permanent.
Amends GS 105-277.3 (Agricultural, horticultural, and forestland--Classifications). Amends which income is included under the termgross income under that statute to include income from the sale of bees or products derived from beehives other than honey.
Amends GS 89C-25 (Limitations on application of Chapter). Amends proposed new subsection, to provide that the Chapter does not prevent thedecommissioningof waste impoundments for animal waste management systems (was,closing of waste impoundments, etc.) by the specified specialist.
Amends Section 17.1, which directs the Division of Motor Vehicles (DMV) to exempt covered farm vehicles engaged in intrastate commerce from the requirements of 49 CFR 390.21 and provides for conforming amendments to 14B NCAC 07C .0101, to replace all references to the DMV with the State Highway Patrol.
Amends GS 105-277.4. Adds an additional type of disqualifying event to land meeting the conditions for classification under GS 105-277.3, for when a solar energy electric system receiving the exclusion under GS 105-275(45) is located on the land, and the energy generated by the system is not solely used by the owner for the benefit of the land. Effective for taxes imposed for taxable years beginning on or after July 1, 2017.
Amends GS 18B-1114.1 (Authorization of winery special events permit). Provides that a winery special permit further allows the winery or wine producer to give free tastings of its wine, and to sell its wine by the glass or in closed containers, at farmers' markets.
Amends GS 105-164.13E (Exemption for farmers). Amends the provision authorizing conditional exemption certificates to authorize a person to request a one-year extension of a conditional exemption certificate if the person satisfies all of three listed conditions, including that the person suffers a weather-related disaster that prevents the person from becoming eligible for a qualifying exemption certificate. Effective for taxes imposed for taxable years beginning on or after July 1, 2017.
| Intro. by B. Jackson, Sanderson, Brock. | STUDY, GS 18B, GS 20, GS 68, GS 89C, GS 97, GS 105, GS 106, GS 113A, GS 121, GS 143, GS 153A |
House committee substitute makes the following changes to the 2nd edition.
Changes the act's long title.
Further amends GS 163-96(a), concerning the petition requirements for a group of voters to be considered a political party in North Carolina. Modifies the proposed changes to subdivision (2), lowering the number of required signatures needed to form a new political party to 10,000, to require signatures of at least 200 registered voters from at least three (previously proposed, each of the four) NC congressional districts.
Expands the requirements to include any group of voters that files with the State Board of Elections (State Board) documentation that the group of voters had a candidate nominated by that group on the general election ballot of at least 80% of the states in the prior Presidential election. Requires the group of voters to file this documentation with the State Board no later than 120 days before the NC presidential primary. Directs the State Board to immediately verify the documentation and immediately communicate its determination with the State chairman of the proposed new political party. Establishes that a political party recognized under this new subdivision is eligible to participate only in the presidential primary as provided in Article 18A of GS Chapter 163 and the election of presidential electors as provided in Article 18 of the Chapter. Makes conforming clarifying changes.
Further amends GS 163-122(a), as amended, to change the date by which a petition must be filed with the State Board for an unaffiliated candidate to put his or her name on a general election ballot for statewide office to on or before 12:00 noon on the last Friday in June preceding the general election (currently, on the second Wednesday prior to the primary election). Further requires the State Board to verify a timely filed petition within two weeks from the date the petition is presented (currently, no later than 15 business days after canvass of the primary), as specified. Makes identical changes to the timing of filing a petition with the county board of elections and subsequent verification by the board for petitions for office of either county office or a single county legislative district. Makes identical changes to the timing of filing a petition with the State Board for petitions for offices that are a district office, or a superior court judge or a district court judge. Makes identical changes to the timing for the verification of a petition by the county board of elections that is timely filed with the board for an office that is a partisan municipal office.
Amends GS 163-296, lowering the number of qualified voters of a municipality that must sign a petition for an unaffiliated candidate to be placed on the regular municipal election ballot to 3% (currently, 4%) of the whole number of voters qualified to vote in the municipal election according to the voter registration records of the State Board as of January 1 of the year in which the general municipal election is held. Also provides that where an unaffiliated candidate seeks to have the candidate's name printed on the regular municipal election ballot for election from an election district within the municipality, the petition must be signed by 3% (currently 4%) of the voters qualified to vote for that office.
| Intro. by Brock. | GS 163 |
The Daily Bulletin: 2017-06-21
AN ACT TO CONSOLIDATE THE LOCAL ACTS DEALING WITH THE STANLY COUNTY ECONOMIC DEVELOPMENT COMMISSION AND TO MAKE CHANGES TO THE COMPOSITION OF THE COMMISSION. Enacted June 20, 2017. Effective June 20, 2017.
| Intro. by Burr. | Stanly |
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF GASTONIA. Enacted June 21, 2017. Effective June 21, 2017.
| Intro. by Bumgardner. | Gaston |
Senate committee substitute makes the following changes to the 2nd edition.
Amends the long and short titles.
Makes organizational changes.
Requires that the six members elected to the Lexington City Board of Education from the six wards of the City of Lexington reside inside the corporate limits of the City of Lexington, as well as the ward that the member represents. Provides that the terms of members appointed to the Lexington City Board of Education who are serving their terms at the time of the 2017 election shall expire upon the qualification of members elected to the Board in accordance with Section 1.
Amends Section 1.4 of the Charter of the City of Lexington, SL 1981-906, as amended, to establish the boundaries of each of the six electoral wards of the City in terms of 2010 Census Redistricting TIGER/Line Shapefiles (currently, the boundaries are established by the ordinance adopted by the City Council). Does not expand the corporate limits of the City; if the section assigns an area outside the corporate limits of the City, it has no effect. Provides for the assignment of area not assigned under this Section.
Directs the Legislative Services Officer to certify a true copy of the block assignment file associated with any mapping software used to generate the language in Section 2 of this act, and to deliver the certified true copy to the Davidson County Board of Elections and the City of Lexington.
Applies to elections held on or after the date the bill becomes law.
| Intro. by Potts, Watford. | Davidson |
AN ACT TO ALLOW HENDERSON COUNTY TO CHANGE THE BOUNDARY OF CERTAIN FIRE TAX DISTRICTS BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. Enacted June 21, 2017. Effective June 21, 2017.
| Intro. by McGrady, Henson. | Henderson |
Senate committee substitute makes the following change to the 2nd edition.
Amends SL 1979-341, Article III, regarding elections for Mayor of Lincolnton. Provides that the Mayor shall be elected by and from the qualified voters of the City voting at large (was, elected from the qualified voters of the City voting at large).
| Intro. by Saine. | Lincoln |
The Daily Bulletin: 2017-06-21
Actions on Bills: 2017-06-21
H 21: DRIVER INSTRUCTION/LAW ENFORCEMENT STOPS.
H 26: WORKERS' COMP/APPROVAL OF DISPUTED LEGAL FEES.
H 27: CLARIFY EXPIRATION OF VEHICLE REGISTRATION.
H 30: VARIOUS SPECIAL REGISTRATION PLATES. (NEW)
H 56: AMEND ENVIRONMENTAL LAWS.
H 59: REVENUE LAWS TECHNICAL CHANGES.
H 84: DL/DEAF OR HARD OF HEARING DESCRIPTION (New)
H 89: HOUSING AUTHORITY TRANSFERS.
H 95: TRUCK DELIVERIES TO PORT/NIGHT TRAVEL.(NEW)
H 98: CRIM. OFFENSE/VANDALIZE FIRE & EMS EQUIPMENT.
H 120: NATIONAL GUARD CAN PURCHASE FROM CE.
H 155: OMNIBUS EDUCATION LAW CHANGES (NEW).
H 158: SPECIAL ASSESSMENTS/CRITICAL INFRASTRUCTURE.
H 161: DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL.
H 162: AMEND ADMINISTRATIVE PROCEDURE LAWS.
H 192: REC. AND MUSIC THERAPY LICENSURE. (NEW)
H 224: WARRANT CHECK OF INMATES IN CUSTODY.
H 236: NCAOC OMNIBUS BILL.
H 243: STRENGTHEN OPIOID MISUSE PREVENTION (STOP)ACT.
H 275: NO STORMWATER FEES ON TAXIWAYS OR RUNWAYS.
H 294: UNCLAIMED PROPERTY NOTICE REQUIREMENTS.-AB
H 325: AMEND ARSON LAW/PROSECUTOR FUNDS.
H 343: ENFORCEMENT OF DVPO ON APPEAL.
H 353: AUTHORIZE STATE PARK SYSTEM EXPANSION.-AB
H 374: REGULATORY REFORM ACT OF 2018. (NEW)
H 383: NAIC MODELS/ORSA & CREDIT FOR REINSURANCE.-AB (NEW)
H 399: STOP IMAGES TAKEN W/O CONSENT FROM DISSEMIN.
H 434: COINS/CURRENCY/BULLION SALES TAX EXEMPTION.
H 436: LOCAL GOVERNMENT/REGULATORY FEES.
H 451: REGULATE MASSAGE & BODYWORK THERAPY ESTMTS.
H 462: BANKING LAW AMENDMENTS.
H 486: NATIONAL GUARD EDUCATION ASSISTANCE CHANGES. (NEW)
H 511: GAME NIGHTS/NONPROFIT FUND-RAISER.
H 548: EQUALIZE TREATMENT OF WASTEWATER PRODUCTS.
H 584: REAL PROP./ERROR CORRECTION & TITLE CURATIVE.
H 629: AMEND FUNERAL PROCESSION LAW.
H 630: RYLAN'S LAW/FAMILY/CHILD PROTECT. & ACC. ACT. (NEW)
H 657: IMPROVE ADULT CARE HOME REGULATION.
H 669: FEES TO CERTIFY AS A COMPANY POLICE AGENCY.
H 707: LIEN AGENT/NOTICE OF CANCELLATION.
H 716: CMVS/USE OF PLATOONS.
H 772: AMEND NC INT'L ARBITRATION/CONCILIATION ACT.
H 794: NC PERMITTING EFFICIENCY ACT OF 2017.
H 800: VARIOUS CHANGES TO CHARTER SCHOOL LAWS.
H 880: PUV FOR BEEKEEPING PROPERTY.
H 924: HONOR MEGGAN LEE CALLAHAN.
S 3: DOT/DMV CHANGES.
S 64: VETERANS' HISTORY AWARENESS MONTH.
S 69: LOCAL GOV'T COMM/FINANCE OFFICER TRAINING.
S 74: UPDATE RABIES CONTROL LAWS.
S 99: APPROPRIATIONS ACT OF 2018. (NEW)
S 104: REQUIRE CRIMINAL BGC/PHARMACIST LICENSURE.
S 124: LEO MANAGED CBD OIL DROP BOX.
S 125: VARIOUS CHANGES TO EDUCATION (NEW).
S 148: JUROR EXCUSED BY CLERK/MODIFY VARIOUS APPTS (NEW).
S 160: HANDICAP PARKING PRIVILEGE CERTIFICATION.
S 169: TEACHING EXCELLENCE BONUS EXPANSION.
S 182: PROHIBIT USE OF LIGHT BARS ON MOTOR VEHICLES.
S 196: VETERINARY PRACTICE OMNIBUS.
S 220: MOTOR FUEL TAX EXEMPTION FOR JOINT AGENCY.
S 257: APPROPRIATIONS ACT OF 2017.
S 315: MAKE VARIOUS CHANGES REGARDING HIGHER ED (NEW).
S 323: UNC PUBLIC RECORDS/ATHLETIC CONFERENCES.
S 326: CLARIFY HUT & IMPROVE VEHICLE TITLING PROCESS.
S 350: LME/MCO CLAIMS REPORTING/MENTAL HEALTH AMDTS (NEW).
S 388: INCAPACITY TO PROCEED.
S 410: MARINE AQUACULTURE DEVELOPMENT ACT.
S 413: CLARIFY MOTOR VEHICLE DEALER LAWS.
S 414: USE OF FUNDING POOL GRANT FUNDS/MACON COUNTY.
S 415: CLARIFY DEF'N. OF COLLECTION AGENCY.
S 448: PROFESSORS IN THE CLASSROOM.
S 545: STATE NATURE AND HISTORIC PRESERVE ADDS/DELS.
S 567: REFORM/CORRECT/WILLS AND TRUSTS.
S 578: VETERAN-OWNED SMALL BUSINESS/ANNUAL REPORT.
S 593: ARBITRATION AND MEDIATION FOR BUSINESS COURT.
S 599: EXCELLENT EDUCATORS FOR EVERY CLASSROOM.
S 604: HOMEMADE ALCOHOLIC BEVERAGE TASTING PERMIT.
S 615: NORTH CAROLINA FARM ACT OF 2017.
S 621: BUSINESS CONTRACTS/CHOICE OF LAW AND FORUM.
S 622: BUSINESS CORPORATION ACT REVISIONS.
S 656: ELECTORAL FREEDOM ACT OF 2017.
S 681: HONOR RALPH HUNT, SR., FORMER MEMBER.
Actions on Bills: 2017-06-21
H 154: GASTONIA CHARTER REVISIONS.
H 184: CERTAIN TOWNS/SEWER FEE COLLECTIONS.
H 268: CITY OF BELMONT CHARTER REVISIONS.
H 272: FOX AND COYOTE TRAPPING/YADKIN COUNTIES. (NEW)
H 349: CURRITUCK-DEVELOPER FUNDS FOR ROAD CONSTR.
H 393: MEBANE CHARTER/ALAMANCE-BURL BOE EXCHANGE (NEW).
H 407: CABARRUS COUNTY COMMISSIONERS REDISTRICTING.
H 415: HATTERAS VILLAGE COMMUNITY CENTER DISTRICT.
H 420: ROCKINGHAM CTY TOURISM DEVELOPMENT AUTHORITY.
H 445: BRUNSWICK FIRE PROTECTION FEES.
H 447: LEXINGTON CITY BD. OF ED./CITY COUNCIL (NEW).
H 491: HENDERSON COUNTY FIRE TAX DISTRICTS.
H 504: CITY OF LINCOLNTON/EVEN-YR ELECT'N/MAYOR TERM.
S 5: MECKLENBURG/POLICE COUNTYWIDE JURISDICTION.
S 122: REPEAL CENTERVILLE CHARTER.
S 217: RICHMOND/RIGHT-OF-WAY SAFETY.
S 249: COYOTE BOUNTY PILOT PROGRAM.
S 253: PARTISAN ELECTIONS/CERTAIN SCHOOL BOARDS. (NEW)
S 260: WAKE FOREST ANNEXATION.
S 265: CREEDMOOR CHARTER REVISED & CONSOLIDATED.
S 285: EQUAL REPRESENTATION FOR ASHEVILLE. (NEW)
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