Conference report makes the following changes to the 3rd edition.
Changes the long and short titles.
Section 2
Deletes proposed GS 95-28.5 (Certain benefits for newspaper workers).
Deletes the proposed changes to the definition of employment set out in GS 96-1(b)(12) to include certain services involving delivery or distribution of newspapers and shopping news, or involving the sale of newspapers or magazines.
Section 3
Amends GS Chapter 1, Article 50, as follows:
Amends GS 1-596 (Charges for legal advertising). Provides that when a notice is required by statute to be published by a unit of government more than once and is paid for by the unit of government and the cost of publication is not paid in advance by or allowed to be recouped from private parties, the unit of government cannot be charged for the second and successive publications of that notice at a rate greater than 85% of the rate charged for the first publication in the series. Makes organizational changes.
Amends GS 1-597 (Regulations for newspaper publication of legal notices, advertisements, etc.). Deletes all current required qualifications for a newspaper to publish listed legal notices or advertisements, and replaces them as follows: requires a newspaper to (1) have a content that appeals to the public generally, (2) have at least 100 paid subscribers and distribute at least 1,000 copies per issue in the county where the newspaper seeks qualification, (3) have a paid subscriber distribution not entirely limited geographically to one community or section of the county where the newspaper seeks qualification, (4) be available for subscription by any person who wishes to subscribe in the county where the newspaper seeks qualification, (5) have regularly and continuously published for at least one day in each calendar week for at least 50 of the 52 consecutive weeks immediately preceding the date of the application, and (6) maintain a physical location in the county. Makes organizational changes.
Enacts new GS 1-597.5, setting out the requirements for electronic publication. Requires a newspaper that maintains a website, displaying the contents of the newspaper, to place each notice on that website on the same day that the notice appears in the print newspaper, at no additional cost. Provides five requirements for the online display, including that a hyperlink to legal notices be provided on the front page of the website that provides access to the notices without charge. Directs newspapers that publish notices to provide email notification, without charge, to a person who requests such notification when such notices are printed in the newspaper or added to the newspaper's website. This email notification is only required for the initial publication of a notice that is required to be published more than once. Provides that an error in the placement of a government legal notice on a website or delivery of an email notification is considered a harmless error. The requirement of proper legal notice is deemed to have been met if the notice is properly published in the print edition of the newspaper.
Amends GS 1-598. Amends caption to read Sworn statement prima facie evidence of qualifications; affidavit of publication by a newspaper. Makes organizational changes.
Amends GS 45-21.17(1), which sets out the requirements for the posting of the notice of sale of real property that are in addition to complying with the provisions contained in the security instrument. Requires the notice to be published weekly for at least two successive weeks in a newspaper qualified for legal advertising pursuant to GS 1-597 in the county where the property is situated, providing that if no newspaper is qualified in that county, then the notice must be published weekly for at least two successive weeks in accordance with GS 1-597(b). Removes the authority of the clerk to authorize additional advertisement in the clerk's discretion or upon application of any interested party and subsequently permit the charges for further advertisement to be taxes as part of the costs of foreclosure.
Makes conforming changes to GS 1-604.
Provides that the validation of any publication, advertisement, or notice pursuant to a previous enactment of GS 1-597 remains in effect and is not affected by any modification of that statute enacted by the act.
Effective October 1, 2017.
Section 4
The following provisions apply only to Guilford County or any municipality located wholly or partly in Guilford County:
Enacts GS 153A-52.2, Electronic notice for notices required to be published by the board, authorizing a governing board of a county to adopt an ordinance providing that any notice the board is required by law to publish or advertise, whether under GS 1-597 or GS Chapter 143, Article 8, or any other general law or local act, can be published electronically, as provided, in lieu of or in addition to the required publication or advertisement. Defines governing board to mean the body elected or appointed as the board of county commissioners, city council, or county board of elections. Clarifies that the county ordinance can cover all notices required to be published or advertised or a clearly identified category of notices. Requires the governing board to publish specific instructions regarding how to access notices published electronically under the adopted ordinance at least once a month for 12 months in a newspaper having general circulation for that jurisdiction, as provided in GS 1-597 as amended by this act. Details five requirements of any notice published under an ordinance adopted pursuant to this statute, including the requirement that notices and links to all notices on the website must be maintained on the website for at least one year after publication and must be searchable. Establishes that ordinances adopted under the statute cannot supersede any general law or local act that requires notice by mail to certain persons or classes of persons, or the posting of signs on certain property. Sets out that the ordinance adopted by the governing board can control notice given by any board appointed by the governing board, including the planning board, board of social services, and board of health.
Makes conforming changes to GS 160A-1(7), GS 153A-1(6), and GS 159-1(b)(5) to add electronic notice to the defined term publish when an ordinance has been adopted by that governing board. Makes organizational and technical changes.
Makes conforming change to amend GS 163-33 (powers and duties of county board of elections) to authorize the county board to adopt a policy in accordance with GS 153A-52.2 to provide for notices, advertisements, and publications to be given electronically.
Effective October 1, 2017, and applies to notices published on or after that date.
Section 5
The following provisions apply only to Guilford County:
Enacts GS 1-602, Publication via county-maintained website, providing that in lieu of publishing in a newspaper, publication of any notice permitted or required by law to be published in a newspaper can be accomplished by contracting with a county that has adopted an ordinance under GS 153A-458 to publish the notice on the county-maintained website. Details publication fees the county may charge ranging from $0 to $450, and the distribution of fees collected, with 10% of fees collected to be used for county administrative costs, 40% to the county general fund, and 50% to the local board of education for payment of local supplements for teachers as defined by GS 115C-325.1(6). Provides for a county employee's sworn written statement to be prima facie evidence that the county placed the notice, paper, document, or legal advertisement on its website for the stated period of time, and deems the sworn statement a record of the court and prima facie evidence that the county made the publication on its website for the stated period of time when filed and certified by the clerk of superior court. Clarifies that the statute does not require a county to adopt an ordinance under GS 153A-458 and publish notices on a county-maintained website.
Amends GS 1-595 (advertisement of public sales) providing that when a statute or written instrument stipulates that an advertisement of a sale must be made for any certain number of weeks, publication on the county website in accordance with GS 1-602 for the number of weeks indicated is sufficient for compliance.
Effective October 1, 2017, and applies to notices published on or after that date.
The Daily Bulletin: 2017-06-29
Printer-friendly: Click to view
The Daily Bulletin: 2017-06-29
Conference report makes the following changes to the 3rd edition.
Amends the long title.
Deletes the provisions repealing SL 2012-171 and amending GS 108C-3. Deletes provisions directing the Department of Health and Human Services, Division of Medical Assistance, to submit a State Plan Amendment request to the Centers for Medicare and Medicaid Services to remove references to Critical Access Behavioral Health Agencies, and providing that certain healthcare providers remain in a certain categorical risk level for purposes of GS 108C-3 for 123 months from the date the act becomes law.
AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, PRESIDENT PRO TEMPORE OF THE SENATE, AND THE MAJORITY AND MINORITY LEADERS OF THE HOUSE OF REPRESENTATIVES AND SENATE AND TO MAKE TECHNICAL CHANGES. Enacted June 29, 2017. Effective June 29, 2017, unless otherwise provided.
| Intro. by Lewis. | UNCODIFIED |
Conference report receeds from Senate amendment #1 and makes the following changes to the 2nd edition.
Changes the act's long title.
Amends GS 42-45 to further extend the protections for early termination of a rental agreement for members of the Armed Forces to the Active Guard and Reserve and military technicians. Applies to lease agreements entered into on or after the date the act becomes law.
Makes organizational changes.
Conference report concurs in amendment #1 to the 2nd edition.
Amends amendment #1 to amend GS 20-280 to clarify the definition ofproof of financial responsibilitysuch that the required limit on insurance for damage to or destruction of property for an individual taxicab is $50,000.
Conference report makes the following changes to the 5th edition:
The Senate recedes from Senate amendment #1, which made the following changes: Renamed proposed GS 14-309.34 as Applicability to employer paid events. Established that it is lawful for an employer to hold a game night event for employees and guests or a trade association to hold a game night event for its members and guests, so long as (1) there is no cost or charge to attendees; (2) the employer or trade association obtains a permit and pays the required fee set out in new GS 14-309.27; and (3) the game night event is held at a qualified facility, as defined in new GS 14-309.25(4). Added that verification of tax-exempt status and licensure or exemption under GS Chapter 131F required by GS 14-309.27(b)(3) and (4) are not required from an applicant for a permit if the applicant is required to obtain the permit pursuant to the provisions of GS 14-309.34 as amended and the applicant is not an exempt organization as defined in GS 14-309.25.
Amends proposed GS 14-309.25 (Definitions), to amend the definition ofgame night to include events sponsored by an employer or trade association under GS 14-309.34.
Amends proposed GS 14-309.34. Amends caption to read Applicability to employer paid events. Authorizes employers or trade associations with 25 or more employees or members, respectively, to hold a game night for their employees or members and guests, and for such persons to participate in the game night, so long as there is no cost or charge to the attendees, the employer or trade association obtains a permit and pays the required fee, and the game night is held at a qualified facility. Subjects game nights under this statute to the limitations of GS 14-309.28 (Limits on game night events) and GS 14-309.30 (Operation of game night events). Includes employers and trade associations under this statute within the definition ofexempt organizationfor GS 14-309.27 (Permit procedure), except that certain verification requirements do not apply to such applicants for a permit under this statute. Makes conducting a game night in violation of this statute a Class 2 misdemeanor, with an additional punishment that the employer or trade association may not conduct a game night for one year from the date of conviction.
Enacts new GS 14-309.35 (Possession and transportation of gaming equipment). Declares possession and transportation of gaming equipment to be lawful, if possessed or transported solely for use in game night events conducted under this Part. Gaming equipment is not subject to seizure under GS 14-298 (Seizure of illegal gaming items).
Senate amendments make the following changes to the 4th edition.
Amendment #6 adds new Section 2.19, amending Section 7.3(h) of SL 2017-57 (Appropriations Act of 2017). Establishes that a county containing a base of the US Armed Forces that has an average daily membership of more than 23,000 students is to receive whichever is the higher amount in each fiscal year as follows: either the amount of supplemental funding the county received as a low-wealth county in the 2012-13 fiscal year, or the amount of supplemental funding the county is eligible to receive as a low-wealth county pursuant to the formula for distribution of supplemental funding under the other provisions of Section 7.3 of SL 2017-57 (currently, the counties receive the same amount of supplemental funding for low-wealth counties as received in the 2012-13 fiscal year).
Amendment #7 adds new Section 2.10A, amending Section 8.8A(a) of SL 2017-57. Directs the Department of Public Instruction to administer a one-time, lump sum bonus by October 31 of each year of the 2017-19 biennium, in the amount of $385, to any teacher with at least 25 years of teaching experience who is employed as of October 1 of the year the bonus is awarded (currently, does not specify that the teacher must be employed as of October 1 of the year the bonus is awarded).
Amendment #8 adds new Section 5.5, amending Section 18B.9(d) of SL 2017-57. Now provides that in order to implement the provisions of Section 18B.9(c) (amending GS 7A-133), the following applies: (1) the district court judgeship with a term expiring December 31, 2020, serving District 9A is allocated to Judicial District 9, and the judgeship with a term expiring December 31, 2018, currently serving District 9A is allocated to Judicial District 17A of the General Court of Justice effective January 1, 2019, and (2) a vacancy occurring in the district court judgeship with a term expiring December 31, 2018, currently serving District 9A before January 1, 2019, is to be filled by appointment for a term to end December 31, 2018, and a vacancy occurring in the district court judgeship with a term expiring December 31, 2020, currently serving District 9A before January 1, 2019, is to be filled by appointment for a term to end December 31, 2020 (currently, does not distinguish between the differing expiration of judgeships).
Adds new Section 5.6, amending GS 7A-60(a1) as amended by Section 18B.9(e) of SL 2017-57. Deletes the changes to the prosecutorial districts and the number of full-time assistant district attorneys. Instead, only eliminates District 9A, transferring Person County to District 10 and Caswell County to District 22, and equally splitting the six current full-time assistant district attorneys between each District 10 and 22.
Explicitly terminates the office and term of the district attorney for Prosecutorial 9A formerly consisting of Person and Caswell counties upon the expiration of the current term, December 31, 2018. Effective January 1, 2019, District 9A is eliminated. Directs that all open investigations and pending cases for Prosecutorial District 9A formerly consisting of Person and Caswell Counties be transferred to either District 10 or District 22. Adds Person County to District 10 and the number of ADAs in that district is increased by three, and adds Caldwell County to District 22 and the number of ADAs in that district is increased by three. Makes conforming changes to repeal Section 18B.9(h) of SL 2017-57. Effective January 1, 2019, and directs that elections conducted in 2018 are to comply with the districts as modified by Section 18B.9.
Amendment #9 adds new Section 5.7, adding Section 18B.13 to SL 2017-57. Authorizes the Administrative Office of the Courts (AOC) to appoint up to two special prosecutors per Council of State member at the member's request to aid local district attorneys' offices in prosecuting cases arising under Article 15 of GS Chapter 14, violations of GS Chapter 58, and violations of GS Chapter 14 as they relate to insurance fraud. Directs AOC to consult with the Conference of District Attorneys in making the appointments. Provides that attorneys appointed as special prosecutors under the program are agency attorneys currently employed in the department of the requesting Council of State member and are to have a physical office space in the local district attorney's office throughout the duration of the special appointment. Directs the special prosecutors to report to the Director of AOC or the director's designee on all cases related to the special appointment. Clarifies that these provisions do not authorize the hiring of additional personnel or outside counsel.
Directs AOC in conjunction with the agencies that utilize the Council of State special prosecutor pilot program to report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by April 1, 2018. Requires the report to include the results of the pilot program and recommendations on whether the program should be extended.
Provides that Section 18B.13 expires June 30, 2019, and all pending cases are to remain within the local district attorney's office for prosecution by attorneys employed by that office.
Amendment #10 adds new Section 6.8, providing that in the 2017 elections, the Executive Director of the Bipartisan Board of Elections and Ethics Enforcement has the authority to reduce the canvass period to whatever amount of time the Executive Director believes necessary in order to ensure orderly elections on the election schedule otherwise required by law. Provides that if the Executive Director shortens the canvass period, the Executive Director is required to provides at least two weeks notice of the new canvass period to the county boards and to the public. Provides that Section 6.8 expires November 7, 2017.
Conference committee makes the following changes to the 5th edition.
Amends GS 153A-129 (Firearms). Requires a county ordinance to prohibit hunting on Sunday as allowed under GS 103-2 to be approved by a majority of those voting in a county-wide referendum, held under GS 163-287. Effective October 1, 2017.
Makes a conforming change to SL 2015-144, Section 5(c).
House committee substitute makes the following changes to the 1st edition.
Makes technical change to proposed GS 143C-4-8 (Unfunded Liability Solvency Reserve) to instead enact the proposed provisions in new GS 143C-4-9. Makes conforming changes to reflect the change in proposed GS 142-15.4(d) and proposed GS 142-96(d). Adds to the sources of funding to the Unfunded Liability Solvency Reserve (Reserve) to include funds transferred under GS 142-15.4, GS 142-96, and GS 143C-4-2 (respectively: Savings from refinancing of general obligation bonds to be placed in the Savings Reserve Account; Savings from refinancing of special indebtedness to be placed in the Saving Reserve Account; and Savings Reserve Account and appropriation of General Fund unreserved fund balance). Makes conforming changes to remove Section 2(d), which provided for the described addition of funding to the Reserve if HB 7 (LRC/Strengthen Savings Reserve) of the 2017 Regular Session becomes law.
Makes technical change to the introductory language in Sections 2(a), 2(b), and 2(c), reflecting HB 7 of the 2017 Regular Session becoming law.
Changes the effective date to October 1, 2017 (was, July 1, 2017).
Conference report makes the following changes.
Recedes from Senate amendment #1 to the 1st edition, which had directed the Joint Legislative Study Committee on the Appropriate Size of Local School Administrative Units to study whether there is an appropriate size for local school administrative units, and to consider financial and administrative efficiencies as they relate to the size of local school administrative unit. Also directed the Committee to consider possible estimated savings or additional appropriations that may result from changes to the size of local school administrative units and to study possible avenues to consolidate or divide local school administrative units.
| Intro. by Brawley, Malone, Bradford. | STUDY |
The Daily Bulletin: 2017-06-29
House committee substitute makes the following changes to the 3rd edition.
Deletes all previous provisions. Changes the long and short titles, and now provides the following.
Part I. Building Code Exemption
Applicable only to municipalities with a population of more than 250,000, establishes that if a lot line or public way exists between a single city-owned lot and a single privately owned lot, a parking garage that extends across the lot line or public way between the two lots can be constructed as if the city-owned lot has been combined with the privately owned lot so that there is no lot line or public way between them. Expires June 30, 2020.
Part II. Stormwater Runoff/Airports
Makes GS 143-214.7 (Stormwater runoff rules and programs) also applicable to local governments. Prohibits local governments from requiring the use of stormwater retention ponds, stormwater detention ponds, or any other stormwater control measures that promote standing water in order to comply with any local ordinance adopted under GS 143-214.5 at public airports that support commercial air carriers or general aviation services. Adds that development projects within five statute miles from the farthest edge of an airport air operations area are not required to use the same stormwater control measures that promote standing water in order to comply with any local ordinance. Further permits existing stormwater control measures that promote standing water in order to comply with any local ordinance and located at a public airport or that are within five statute miles from the farthest edge of an airport operations area to be replaced with alternative measures included in the Division of Water Resources Best Management Practice Manual as specified. Provides that a variance to allow any replacement of existing stormwater control measures that promote standing water are considered minor variances under any local government ordinance adopted under GS 143-214.5. Requires local government to deem areas that provide overland stormwater flow that promote infiltration and treatment of stormwater into grassed buffers, shoulders, and grass swales to be permitted pursuant to State requirements and in compliance with any local government water supply watershed management protection ordinance adopted under GS 143-214.5.
Part III. Nonpublic School to Provide SEAA with Background Checks
Amends GS 115C-562.5(a)(2), requiring nonpublic schools accepting eligible students receiving scholarship grants to provide the Education Assistance Authority a criminal background check conducted for each full-time, part-time, or contract employee whose duties require the employee to be on school property to ensure that person has not been convicted of any crime listed in GS 115C-332 (currently, checks required of a staff member with the highest decision-making authority, as defined by the bylaws, articles of incorporation, or other governing document).
Effective September 1, 2017, and applies to existing employees and future employees. Provides that for existing employees, nonpublic schools must submit the background checks to the Education Assistance Authority on or before December 1, 2017.
Part IV. Lincolnton-Lincoln Airport Changes
Amends Section 2 of SL 1996-10, modifying the Lincolnton-Lincoln Airport Authority (Authority) to now provide as follows. Decreases the Authority from seven to five members: four of whom are appointed to staggered three-year terms by the Lincoln County Board of Commissioners and one appointed to a staggered three-year term by the Lincolnton City Council (currently, three appointed by the Lincoln City Council, three appointed by the Lincoln County Board of Commissioners, and one appointed by the other six members of the Authority). Makes conforming changes. Requires at least one member appointed by the Lincoln County Board of Commissioners be a qualified voter of the City of Lincolnton, and requires all four members appointed by the Lincoln County Board of Commissioners to be qualified voters of the County of Lincoln. Prohibits any member of the Authority from serving more than two consecutive term limits. Directs the Chairman of the Board to be annually designated by Lincoln County.
Names the airport operated by the Lincolnton-Lincoln County Airport Authority the Lincolnton-Lincoln Airport, and the airfield of the airport the David E. Lowe Airfield.
House committee substitute makes the following changes to the 1st edition.
Amends the long title.
Establishes a 10-member Joint Legislative Study Commission on Efficiency and Cost-Savings in State Government, with five members each appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. Provides for the meeting time and location, administration, support staff, and powers of the Commission. Directs the Commission to use a zero-based budgeting review process to study whether there are obsolete programs, cost-reduction opportunities in State government, and cases where existing funds can be redirected to meet new and changing demands for public services. Authorizes the Commission to require any agency to submit written information, and lists five types of information the Commission may require. Directs the Commission to make an interim report to the 2018 Regular Session of the 2017 General Assembly, and a final report to the 2019 General Assembly, including proposed legislation. The Commission terminates upon the filing of its final report, or upon the convening of the 2019 General Assembly, whichever is earlier.
| Intro. by Daniel. | STUDY |
House amendment #1 makes the following change to the 2nd edition.
Amends the provision directing the Joint Legislative Study Commission on Efficiency and Cost-Savings in State Government (Commission) to conduct a study as follows. Directs the Commission to use a zero-based budgeting review process to study whether there are obsolete programs, cost-reduction opportunities, or any cases where existing funds can be redirected to meet new and changing demands for public services in the Department of the Secretary of State (was, applicable in State government, starting with the Department of the Secretary of State). Authorizes the Commission to require the Department of the Secretary of State to submit written information, as currently specified.
Makes conforming changes.
| Intro. by Daniel. | STUDY |
House committee substitute makes the following changes to the 4th edition.
Changes the long title.
Deletes Section 1, enacting Part 2L, North Carolina Rural Job Creation Fund, in Article 10 of GS Chapter 143B. Deletes Section 2, directing the Department of Commerce to adopt rules providing for the administration of the Rural Job Creation Fund prior to the convening of the 2018 Regular Session.
Amends GS 143B-437.52, as amended by Section 15.15A of SL 2017-57, providing that the limitation for grants awarded under the Job Development Investment Grant Program set out in GS 143B-437.52(c)(1) also does not apply to a project located wholly within a development tier one area, a development tier two area, or a combination thereof.
| Intro. by J. Jackson, Britt, Newton. | GS 143B |
House committee substitute makes the following changes to the 1st edition.
Changes the act's long title.
Removes issues related to the unionization of student-athletes from the study the Legislative Commission on the Fair Treatment of College Student-Athletes is directed to conduct in Section 2.
Adds a new Section, directing the State Board of Education (State Board) to establish a three-year Educator Preparation Pilot Program (program) to operate from the 2017-18 school year through the 2019-20 school year. Directs the State Board, upon the recommendation of the Superintendent of Public Instruction, to select up to two new Educator Preparation Programs (EPPs) to be part of the program by October 1, 2017. Deems these EPPs are recognized EPPs as defined in GS 115C-269.1(15) (enacted in HB 599 of the 2017 Regular Session) for the duration of the pilot period, and are permitted to recommend clinical residency candidates for licensure without receiving State approval under GS 115C-269.10 (enacted in HB 599 of the 2017 Regular Session). Requires that each pilot EPP meet all other requirements of Article 17D of GS Chapter 115C (enacted in HB 599 of the 2017 Regular Session; entitled Educator Preparation Programs) for the duration of the pilot program. Details criteia for an EPP to be eligible for the program, including having a demonstrated track record of success with clearly demonstrated results as an EPP in other states. Provides that each EPP's recognized EPP status expires June 30, 2020, at which time the pilot EPPs can regain recognized status by meeting all requirements of Article 17D of GS Chapter 115C. Effective when SB 599 (Excellent Educators for Every Classroom) of the 2017 Regular Session becomes law.
Makes conforming changes.
| Intro. by Daniel, Bishop, Tarte. | STUDY |
House amendment #3 amends amendment #2 as follows.
Makes parts 1, 2, and 3 of the act, which are all parts of the bill that existed before the adoption of House amendment #2, effective December 1, 2017, as provided for in amendment #1.
House amendment #7 amends amendment #4, changing the act's long title. Makes technical changes to introductory language in amendments #4 and #6. Makes technical corrections and organizational changes in amendments #4 and #6.
House amendment #8 amends amendment #1. Modifies the proposed language in GS 15A-304(b)(2), now providing that an official can only find probable cause based solely on information provided by a person who is not a sworn law enforcement officer if the information is provided by written affidavit, notwithstanding subsection (d). Directs that if the finding of probable cause pursuant to subsection (d) is based solely upon the written affidavit of a person who is not a sworn law enforcement officer, the issuing official is prohibited from issuing a warrant for arrest, and instead must issue a criminal summons, unless either of the three previously specified circumstances exists (amendment #1 provided for finding probable cause solely based upon testimony of a person who is not a sworn law enforcement officer, instead of here, where the sole basis is provided by written affidavit).
House amendment #1 makes the following changes to the 4th edition.
Amends the proposed changes to GS 14-43.11 (Human trafficking), making a violation of the statute a Class B2 felony if the victim of the offense is a minor (previously, B1 felony).
Enacts GS 90-632.19, authorizing the NC Board of Massage and Bodywork Therapy to require that a massage and bodywork therapy establishment prominently display on the premises in a place that is clearly conspicuous and visible to employees and the public, an awareness sign created and provided by the NC Human Trafficking Commission that contains the National Human Trafficking Resource hotline information.
House committee substitute makes the following changes to the 3rd edition.
Amends the long title.
Deletes proposed amendments to GS 143B-919 (Investigations of lynchings, election frauds, etc.; services subject to call of Governor; witness fees and mileage for employees), GS 14-202.11 (Restrictions as to adult establishments), GS 18B-1003 (Responsibilities of permittee), and GS 143B-348 (Department of Transportation--head; rules, regulations, etc., of Board of Transportation).
Deletes proposed GS 14-202.13, GS 19-8.4, GS 131E-84.1, and GS 143B-431.3, each captioned Human trafficking public awareness sign.
Amends proposed GS 90-632.13 (Rules for massage and bodywork therapy establishment license). Deletes the requirement that each such establishment prominently display a human trafficking public awareness sign.
Makes a technical change to proposed GS 90-632.15.
Amends proposed GS 90-632.17 (Sexual activity prohibited). Further prohibits the solicitation of sexual activity by any person or persons in any massage and bodywork therapy establishment.
Makes the changes to Sections 2(a) through 2(c) and 3(a) through 3(k) effective October 17, 2017.
Conference report makes the following changes to the 2nd edition.
Amends Section 1.1, which authorizes the Sanford City Council to levy a room occupancy tax. Provides that the tax is derived from the gross receipts of the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the city (was, derived from the rental of an accommodation within the city).
Amends Section 1.1(c), which provides for the distribution and use of the tax levied under Section 1.1. Directs the Sanford Tourism Development Authority to use two-thirds of the funds remitted to it under this subsection to promote travel and tourism in Sanford, and to use the remaining one-third for the operation, maintenance, promotion, and renovation of the Dennis A. Wicker Civic Center. Funds for the Center that are not spent or obligated by the close of a fiscal year may be used by the Authority for the promotion of travel and tourism in Sanford.
Makes technical changes.
Conference report makes the following changes to the 5th edition.
Amends proposed GS 115C-268.1 (Professional Educator Preparation and Standards Commission). Reduces the membership of the Commission from 19 to 18, and amends seat designations as follows: replaces the seats appointed at the recommendation of the President Pro Tem. of the Senate, designated for (1) an elementary school teacher and (2) a middle or high school teacher with seats for (1) a dean, or dean's designee, of an educator preparation program at a historically black college or university in the State and (2) a teacher. Replaces the two seats appointed at the recommendation of the Speaker of the House, designated for (1) an elementary school teacher and (2) a middle or high school teacher, with one seat designated for a teacher.
Makes a technical change to proposed GS 115C-268.5 (Powers and duties of the Commission).
Amends proposed GS 115C-269.25 (Clinical partnerships and practice in educator preparation programs). Deletes the listed standards for clinical educators who supervise students in residencies. Applies the listed standards for clinical educators who supervise students in internships to clinical educators and clinical mentors who supervise students in internships and residencies.
Deletes the provision directing the State Board of Education to establish a three-year Educator Preparation Pilot Program.
Directs the Superintendent of Public Instruction to develop a program to publicly recognize individuals who have engaged in at least 40 years of licensed teaching in North Carolina. Beginning in the 2017-18 school year and annually thereafter, the program shall include public recognition of any qualifying teachers.
Confirms the appointments of Margaret C. Reader, Cecil Vernon Gammon, Joshua J. Smith, and David L. German to the Board of Trustees of the Teachers' and State Employees' Retirement System for a term to expire March 31, 2017.
Confirms the appointments of Oliver A. Holley, Linder H. Gunter, Jeffery S. Winstead, and Lt. Col. John H. Ebbighausen to the Board of Trustees of the Teachers' and State Employees' Retirement System for terms to expire June 30, 2017.
| Intro. by Rabon. | SENATE RES |
Includes whereas clauses.
Confirms the appointments of Margaret C. Reader and Joshua J. Smith to the Board of Trustees of the Teachers' and State Employees' Retirement System for a term to expire March 31, 2021.
Confirms the appointment of Jeffery S. Winstead to the Board of Trustees of the Teachers' and State Employees' Retirement System for term to expire June 30, 2021.
| Intro. by Rabon. | SENATE RES |
Provides that the Senate and the House of Representatives (House) will adjourn on the date this resolution is ratified,and stand adjourned to reconvene on Thursday, August 3, 2017, at noon. Limits the matters that may be considered during the reconvened session to the following:
- Bills vetoed by the governor, solely for the purpose of considering overriding the veto upon reconsideration.
- Bills providing for the selection, appointment, or confirmation as required by law.
- Bills providing for action on gubernatorial nominations or appointments.
- Bills concerning redistricting litigation and those related to litigation challenging the legality of legislative enactments.
- Bills returned on or after Wednesday, June 28, 2017, to the house in which the bill originated for concurrence.
- Adoption of conference reports for bills which were in conference on or after Wednesday, June 28, 2017, and conferees had to be appointed by both houses on or after that date.
- Bills for impeachment.
- Bills subject to Article II, Section 23, of the NC Constitution that have passed second reading in the receiving house or have passed second reading for concurrence in the originating house, but have not been taken up for third reading.
- Simple resolutions addressing organizational matters of each respective house.
- A joint resolution further adjourning the 2017 Regular Session or amending a joint resolution adjourning the 2017 Regular Session to a date certain.
When the House and Senate jointly adjourn the session convened on Thursday, August 3, 2017, they stand adjourned to reconvene on Wednesday, September 6, 2017, at noon. Limits the matters that may be considered during the reconvened session to the following:
- Bills revising the judicial divisions of the State, the superior court districts, the district court districts, and the prosecutorial districts and the apportionment of judges and district attorneys among those districts and containing no other matter.
- Bills revising districts for cities, counties, and other political subdivisions of the State and the apportionment of elected officials among those districts and containing no other matter.
- Bills amending the constitution.
- Bills vetoed by the governor, solely for the purpose of considering overriding the veto upon reconsideration.
- Bills providing for selection, appointment, or confirmation.
- Bills providing for action on gubernatorial nominations or appointments.
- Bills for impeachment.
- Bills concerning redistricting litigation or any other litigation challenging the legality of legislative enactments.
- A joint resolution further adjourning the 2017 Regular Session or amending a joint resolution adjourning the 2017 Regular Session to a date certain.
- A joint resolution further adjoining the 2017 Regular Session or amending a joint resolution adjourning the 2017 Regular Session to a date certain that is no later than November 15, 2017, for the purpose of considering bills revising electoral districts and reapportioning officers among them as follows: Senate districts and senators among them, and no other matter; Representative districts and representatives among them, and no other matter; judicial divisions, superior court districts, district court districts, and prosecutorial districts, and judges and district attorneys among them, and no other matter; and city, county, and other political subdivisions and elected officials among them, and no other matter.
When the House and Senate jointly adjourn the session convened on Wednesday, September 6, 2017, they stand adjourned to reconvene on Wednesday, May 16, 2018, at noon. Limits the matters that may be considered in the reconvened session to the following:
- Bills affecting the budget, including the budget of an occupational licensing board, provided the bill is submitted to the Bill Drafting Division by May 18, 2018, and introduced in the House or filed for introduction in the Senate by May 31, 2018.
- Bills amending the NC Constitution.
- Bills and resolutions introduced in 2017 that passed the crossover deadline and were not disposed of in the other house by tabling, unfavorable committee report, indefinite postponement, or failure to pass any reading and which do not violate the receiving house's rules.
- Bills and resolutions implementing recommendations of specified commissions and committees, provided the bill is submitted to the Bill Drafting Division by May 17, 2018, and filed for introduction in the Senate or introduced in the House by May 30, 2018.
- Any noncontroversial local bill, as described, that is submitted to the Bill Drafting Division by May 24, 2018, and introduced in the House or filed for introduction in the Senate by June 7, 2018, accompanied by a certificate saying no public hearing will be required or asked for, the bill is noncontroversial, and that the bill is approved for introduction by each member of the House and Senate whose district includes the area to which the bill applies.
- Selection, appointment, or confirmation of state board and commission members.
- Bills providing for action on gubernatorial nominations or appointments.
- Any matter authorized by joint resolution passed by a two-thirds majority.
- A joint resolution authorizing the introduction of such a bill.
- Any bill affecting state or local pension or retirement systems, provided the bill is submitted to the Bill Drafting Division by May 22, 2018, and introduced in the House or filed for introduction in the Senate by June 5, 2018.
- Joint, House, or Senate resolutions authorized under Senate Rule 40(b) or House Rule 31.
- Bills vetoed by the Governor, to consider overriding the veto.
- Bills concerning redistricting.
- Election law bills.
- Bills to disapprove rules under GS 150B-21.3 (effective date of rules provision under Administrative Procedure Act)
- Bills for impeachment.
- A joint resolution adjourning the 2017 Regular Session, sine die.
Permits the Speaker of the House or the President Pro Tempore of the Senate to authorize committees or subcommittees to meet during the interim between sessions to perform three listed functions.
| Intro. by Rabon. | JOINT RES |
Includes whereas clauses.
As title indicates.
| Intro. by Rabon. | JOINT RES |
The Daily Bulletin: 2017-06-29
AN ACT TO AMEND THE LAW ESTABLISHING THE CHARLOTTE FIREFIGHTERS' RETIREMENT SYSTEM. Enacted June 28, 2017. Effective July 1, 2017.
| Intro. by Dulin, Autry, Belk, R. Moore. | Mecklenburg |
AN ACT TO AMEND THE CHARTER OF THE CITY OF WINSTON-SALEM TO ESTABLISH A UNIFORM PROCESS FOR THE ELECTION OF INDEPENDENT OR NONPARTISAN CANDIDATES IN MUNICIPAL ELECTIONS. Enacted June 28, 2017. Effective June 28, 2017.
| Intro. by Conrad, Terry, Lambeth, Hanes. | Forsyth |
AN ACT TO PERMIT FOX AND COYOTE TRAPPING IN DAVIE AND YADKIN COUNTIES. Enacted June 28, 2017. Effective June 28, 2017.
Senate amendment #1 makes a technical correction to the metes and bounds description of the parcel to be removed from the corporate limits of the Town of Carolina Shores set out in the 1st edition.
| Intro. by Iler. | Brunswick |
Conference report makes the following changes to the 1st edition, as amended.
Amends the long and short titles.
Applicable only to New Hanover County: Authorizes New Hanover County to exercise any authority under GS 160A-458.3 (Downtown Development Projects) to undertake one downtown development project, subject to the conditions that the property was owned by the County on January 1, 2017, in the central business district of Wilmington, as specified, and the project is not subject to GS Chapter 143, Article 8 (Public Contracts), if funds other than county funds constitute at least 25% of the total cost of the construction and renovation of the public and private facilities included in the project. Effective when the bill becomes law.
Makes a conforming change.
| Intro. by Iler. | Brunswick, New Hanover |
The Daily Bulletin: 2017-06-29
AN ACT ADDING CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF CORNELIUS. Enacted June 28, 2017. Effective June 30, 2017.
| Intro. by Tarte. | Mecklenburg |
House amendment #5 makes the following changes to the 3rd edition.
Provides that in lieu of the process for creating electoral districts by adopting maps created by the Independent Redistricting Commission set out in Sections 1(b) and 1(c) of the act, the Asheville City Council may assign territory to each single-member electoral district through a process established by the City Council, including establishing a working group, advisory board, or other appointed body to make recommendations to the City Council. Requires the City of Asheville to amend its charter to create six single-member electoral districts governing the nomination and election of City Council members, regardless of how district recommendations are submitted to the City Council, on or before November 1, 2017.
Requires that electoral districts established pursuant to this act be used in the 2019 municipal elections.
Requires all maps of the six single-member districts considered by the City Council and the map adopted by the City Council to be submitted to the Legislative Library, the Joint Legislative Elections Oversight Committee, the President Pro Tempore, and the Speaker on or before November 15, 2017.
Makes conforming changes.
| Intro. by Edwards. | Buncombe |
Actions on Bills: 2017-06-29
H 26: WORKERS' COMP/APPROVAL OF DISPUTED LEGAL FEES.
H 30: VARIOUS SPECIAL REGISTRATION PLATES. (NEW)
H 56: AMEND ENVIRONMENTAL LAWS.
H 89: HOUSING AUTHORITY TRANSFERS.
H 90: CHANGES TO EDUCATION AND ELECTION LAWS (NEW).
H 115: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2017.-AB
H 140: DENTAL PLANS PROVIDER CONTRACTS/TRANSPARENCY.
H 156: EYEGLASSES EXEMPTION FROM MEDICAID CAPITATION.
H 159: CHARTER SCHOOL TSERS ELECTION.
H 161: DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL.
H 162: AMEND ADMINISTRATIVE PROCEDURE LAWS.
H 190: LOCAL FIREFIGHTER RELIEF FUND ELIGIBILITY.
H 205: WC CHANGES/LEGAL NOTICE MODERNIZATION (NEW).
H 212: ZETA PHI BETA SPECIAL REGISTRATION PLATE.
H 236: NCAOC OMNIBUS BILL.
H 243: STRENGTHEN OPIOID MISUSE PREVENTION (STOP)ACT.
H 248: OMBUDSMAN CHANGES & DHHS STUDY (NEW).
H 252: BUILDING CODE REGULATORY REFORM.
H 256: 2017 APPOINTMENTS BILL (NEW).
H 283: DHHS RECOMMEND TELEMEDICINE POLICY (New)
H 284: 25-YEAR LEO RETIREMENT OPTION.
H 310: WIRELESS COMMUNICATIONS INFRASTRUCTURE SITING.
H 337: UNMANNED AIRCRAFT SYSTEMS LAW REVISIONS.
H 353: AUTHORIZE STATE PARK SYSTEM EXPANSION.-AB
H 362: CHANGES TO THE JUVENILE CODE.-AB
H 374: REGULATORY REFORM ACT OF 2018. (NEW)
H 384: INCREASE PENALTIES/ORGANIZED RETAIL THEFT.
H 396: MUNICIPAL BROADBAND SERVICE AREA.
H 402: LIMIT ENV. LIABILITY FOR CERTAIN RECYCLERS.
H 403: MEDICAID AND BEHAVIORAL HEALTH MODIFICATIONS (NEW).
H 436: LOCAL GOVERNMENT/REGULATORY FEES.
H 440: FEDERAL HOME LOAN BANK/INSURER RECEIVERSHIP.
H 466: THE PHARMACY PATIENT FAIR PRACTICES ACT.
H 482: COUNTY COMM. ROLE IN SCHOOL BLDG ACQUISITION.
H 487: NAT. GUARD REEMPLOYMENT RIGHTS/DEFINITIONS.
H 501: DOT/SURVEYING INFORMATION IN PLANS.
H 511: GAME NIGHTS/NONPROFIT FUND-RAISER.
H 527: RESTORE/PRESERVE CAMPUS FREE SPEECH.
H 528: BUDGET TECHNICAL CORRECTIONS. (NEW)
H 530: COUNTIES/CONDEMNATION OF UNSAFE BLDGS/LIENS.
H 550: ESTABLISH NEW NURSE LICENSURE COMPACT.
H 559: OUTDOOR HERITAGE ENHANCED.
H 566: PRIVATE PROTECTIVE SERVICES CHANGES.
H 577: LSC CRIM. CHECK/FELONIOUS GAMING MACHINES (NEW).
H 584: REAL PROP./ERROR CORRECTION & TITLE CURATIVE.
H 589: COMPETITIVE ENERGY SOLUTIONS FOR NC. (NEW)
H 620: UNC CAPITAL PROJECTS.
H 651: STATE PENSION/RET. HEALTH BEN. FUND SOLVENCY.
H 704: DIVIDE SCHOOL SYSTEMS/STUDY COMMITTEE.
H 740: SAR RENAME/DISPUTED COUNTY BOUNDARIES/MAPPING.
H 770: VARIOUS CLARIFYING CHANGES (NEW).
H 772: AMEND NC INT'L ARBITRATION/CONCILIATION ACT.
H 799: UTILITY BILLING BY LESSORS.
H 800: VARIOUS CHANGES TO CHARTER SCHOOL LAWS.
H 894: VETERANS/HEALTH CARE/YOUTH SUICIDE PREVENTION. (NEW)
H 925: CREATION OF HOUSE SELECT INVESTIGATORY COM'T.
S 8: BLDG. CODE EXEMPT/AIRPORT CHANGES (NEW).
S 36: CONVENTION OF THE STATES.
S 42: REDUCE COST & REG. BURDEN/HOSP. CONSTRUCTION.
S 55: SCHOOL BUS CAMERAS/CIVIL PENALTIES.
S 69: LOCAL GOV'T COMM/FINANCE OFFICER TRAINING.
S 78: COST TO COMPLY/FED ED FUNDS/PED STUDY.
S 82: ACHIEVING BUSINESS EFFICIENCIES (NEW).
S 88: LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.
S 99: APPROPRIATIONS ACT OF 2018. (NEW)
S 100: AERIAL ADVENTURE FINANCIAL RESPONSIBILITY.
S 107: STREAMLINE DAM REMOVAL.
S 114: ANNUAL REPORT MODERNIZATION.
S 119: PISGAH CONSERVANCY SPECIAL REGISTRATION PLATE.
S 155: ABC OMNIBUS LEGISLATION. (NEW)
S 182: PROHIBIT USE OF LIGHT BARS ON MOTOR VEHICLES.
S 223: EXCLUDE TIERS 1 & 2 FROM JDIG CAP (NEW).
S 323: UNC PUBLIC RECORDS/ATHLETIC CONFERENCES.
S 335: BUDGET TECHNICAL CORRECTIONS AND STUDY (NEW).
S 338: DISASTER RECOVERY ACT OF 2017. (NEW)
S 344: COMBINE ADULT CORRECTION & JUVENILE JUSTICE.
S 384: CRIMINAL LAW CHANGES. (NEW)
S 407: EMPLOYEE MISCLASSIFICATION/IC CHANGES (NEW).
S 410: MARINE AQUACULTURE DEVELOPMENT ACT.
S 468: QZAB USE MODIFICATION.
S 469: TECHNICAL CORRECTIONS. (NEW)
S 489: CLARIFY WORKERS' COMP. POLICY CANCELLATION.
S 510: SURPLUS EQUIPMENT AUCTIONS.
S 545: STATE NATURE AND HISTORIC PRESERVE ADDS/DELS.
S 548: STRENGTHEN HUMAN TRAFFICKING LAWS/STUDIES.
S 552: OMNIBUS OCCUPANCY TAXES. (NEW)
S 569: UNIFORM POWER OF ATTORNEY ACT.
S 582: BUDGET & AGENCY TECHNICAL CORRECTIONS (NEW).
S 599: EXCELLENT EDUCATORS FOR EVERY CLASSROOM.
S 615: NORTH CAROLINA FARM ACT OF 2017.
S 656: ELECTORAL FREEDOM ACT OF 2017.
S 684: CONFIRM RETIREMENT SYSTEM BOT.
S 685: CONFIRM RETIREMENT SYSTEM BOT.
S 686: ADJOURNMENT RESOLUTION.
S 687: CONFIRM DAN CLODFELTER/UTILITIES COMMISSION.
Actions on Bills: 2017-06-29
H 198: CITY & COUNTY AUTHORITY (NEW).
H 393: MEBANE CHARTER/ALAMANCE-BURL BOE EXCHANGE (NEW).
H 397: CAR. SHORES DEANNEX/NEW HANOVER DWNTWN DEVPT (NEW).
S 105: FAIRMONT VOL. ANNEX.; TROUTMAN LAND USE REG (NEW).
S 181: ELECTRONIC NOTICE - GUILFORD COUNTY (NEW).
S 217: RICHMOND/RIGHT-OF-WAY SAFETY.
S 253: PARTISAN ELECTIONS/CERTAIN SCHOOL BOARDS. (NEW)
S 261: KANNAPOLIS DEANNEXATION.
S 265: CREEDMOOR CHARTER REVISED & CONSOLIDATED.
S 266: DURHAM AND WALKERTOWN ANNEXATIONS (NEW).
S 285: EQUAL REPRESENTATION FOR ASHEVILLE. (NEW)
S 289: VARIOUS DEANNEXATIONS. (NEW)
© 2024 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.