Senate committee substitute makes the following changes to the 2nd edition.
Deletes the previous provisions. Changes the act's long and short titles, and now provides the following.
Enacts a new subdivision to GS 20-79.4(b), establishing an Eastern Board of Cherokee Indians special registration plate and providing for no additional fee for the plate.
Enacts GS 115C-270.21, directing the State Board of Education (State Board) to enter into a memorandum of understanding (memorandum) with the Eastern Band of Cherokee Indians specifying the criteria that must be met for individuals to teach Cherokee language and culture classes. Establishes that individuals approved to teach in accordance with a memorandum pursuant to the statute are authorized to teach Cherokee language and culture classes without a license. Details five requirements of a memorandum of understanding entered into under the statute, including (1) requirements for approval of individuals employed under the statute; (2) a three-year approval, renewable period for individuals employed under the statute; and (3) a clear statement restricting unlicensed individuals employed under the statute from providing instruction in other content areas.
Amends GS 115C-295, modifying the language of the statute to detail the minimum age and license prerequisites for all teachers employed by public schools or in schools receiving public funds (previously, referred to a certificate instead of a license). Adds new subsection providing for the employment of individuals exempt from licensure by new GS 115C-270.21.
The Daily Bulletin: 2018-06-06
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The Daily Bulletin: 2018-06-06
Senate committee substitute makes the following changes to the 3rd edition.
Amends the act's long title to specify that the Eastern Band of Cherokee Indians is a federally recognized tribe.
Senate committee substitute makes the following changes to the 1st edition.
Changes the act's long and short titles.
Reenacts GS 20-63(b1)(47) and GS 20-79.4(b)(g) as they existed immediately before their expiration to authorize the Division of Motor Vehicles (Division) to produce and issue an Alpha Phi Alpha Fraternity special registration plate. Reenacts and modifies the expired provisions regarding the Alpha Phi Alpha Fraternity special registration plate set out in subsections (a1) and (b) of GS 20-79.7 and subsection (b39) of GS 20-81.12, establishing a special plate fee of $30 and requiring that $20 of that amount be transferred quarterly to the Education Consortium of North Carolina Inc. for the benefit of scholarships for African-American male students attending accredited colleges and universities (previously, to the Association of North Carolina Alphamen Educational Foundation for scholarships for the benefit of African-American males in the Association attending accredited North Carolina colleges and universities). Further amends GS 20-81.12(b39), as reenacted, eliminating the requirement that the Division must receive at least 300 applications for the special plate before it can be developed. Effective February 1, 2019.
Amends GS 20-81.12(a), reducing the number of applications required to be received by the Division before a plate can be developed for collegiate insignia license plates for a public military college or university from 300 to 100 applications.
Amends GS 20-37.6, establishing that renewal of a handicapped placard is not required for any placard that expires after the person to whom it is issued is 80 years of age and that the placard remains valid thereafter.
Changes the effective date of the act, providing that the act is effective when it becomes law except as otherwise provided (previously, effective July 1, 2017).
| Intro. by Cleveland. | GS 20 |
Senate committee substitute makes the following changes to the 1st edition.
Deletes the content of the previous edition and replaces it with the following.
Part I.
Amends GS 113-202, modifying several provisions relating to shellfish cultivation leases. Defines natural shellfish bed as an area containing at least 10 bushels of shellfish per acre that does not include a previously leased area terminated by the Secretary of Environmental Quality (Secretary) for failure to meet the requirements of this section within the 12 months directly preceding the date of the lease application. Requires that the cultivation of shellfish in the leased area need only be compatible with the public use of other marine and estuarine resources near the leased area. Previously required compatibility with public use generally, with no provision for proximity. Requires that the cultivation of shellfish in the leased area does not unreasonably conflict with the riparian rights of adjacent property owners. Previously required that cultivation would not impinge upon the rights of riparian owners at all. Adds new standard requiring that the leased area be located a minimum of 100 feet from the shoreline of any private property, unless the private property is owned by the lessee or the owner provides written and notarized consent. Requires that the area leased not include waters that have been classified as prohibited, restricted, or conditionally approved closed with respect to shellfish harvesting at the time of the filing of the lease application. Previously only required that the area was not closed for shellfish harvest because of pollution. Adds new standard requiring that the area leased under a single lease be: (1) for coastal fishing waters in and south of Core Sound, the area mus not be less than one-half acre or exceed 10 acres, except in designated areas; (2) for other coastal fishing waters, the area must not be less than one-half acre or exceed 50 acres, except in designated areas. Sets limits on the acreage of a lease at 50 acres for coastal fishing waters located in and south of Core Sound and 300 acres for other coastal fishing waters. Allows a lease applicant to commence a contested case by filing a petition within 30 days (was, 20 days) after receiving notice of the Secretary's decision. Limits the ability of a person other than the applicant who is aggrieved by the Secretary's decision to file a petition for a contested case to only when the Shellfish Cultivation Lease Review Committee (established in this act) determines that a hearing is appropriate. Sets out the procedure for deciding whether a contested case hearing is appropriate, including establishing deadlines and setting the basis for determining whether the hearing is appropriate. Sets out the process for the contested case once it is determined to be appropriate, including a 30-day filing deadline and an appeals process. Allows the Secretary, upon termination of any leasehold, to either re-lease the area to the first qualified applicant to file an application, or to designate the area as a Shellfish Aquaculture Enterprise Area. Adds requirement that the former leaseholder remove all abandoned gear in addition to markers. Allows the State to bring suit to recover the cost of removal and cleanup of abandoned markers and gear, including legal fees. Previously, did not include requirement to remove gear, or provision granting legal fees. Allows the Secretary to establish Shellfish Aquaculture Enterprise Areas and allows the Secretary to only issue nontransferable leases to residents of the state within these designated areas. Leased parcels in these areas revert to the State when they are relinquished or terminated and are then made available to other applicants.
Defines resident for purposes of the statute as the following. (1) An individual who at the time in question has resided in the state for the preceding six months or has been domiciled in the state for the preceding 60 days. Provides that when domicile in the State for a period of 60 days up to six months is the basis for establishing residence, the individual is required to sign a certificate stating the necessary facts and the intent to establish domicile here. (2) A corporation chartered under the laws of the state. (3) A partnership in which all partners are residents of the state. (4) An association or group principally composed of individual residents of the state and organized for a purpose that contemplates more involvement or contact with this state than any other state. (5) A member of the US Armed Forces stationed at a military facility in the state, the member's spouse, and any dependent under 18 years of age residing with member are deemed residents of the state, of the county in which they live, and also, if different, of any county in which the military facility is located. (6) Nonresident students attending a university, college, or community college in the state.
Requires the North Carolina Policy Collaboratory and the Division of Marine Fisheries to study and recommend whether establishing a Shellfish Mariculture Commission to oversee shellfish bottom leasing and other aspects of shellfish aquaculture would advance and promote the industry.
Requires the North Carolina Policy Collaboratory to establish a stakeholder process to study and recommend whether the shellfish leasing moratoria should apply to the Shellfish Aquaculture Enterprise Areas.
Amends GS 143B-289.57, adding new subsection (f), requiring the Chair of the Marine Fisheries Commission to appoint a three-member Shellfish Cultivation Lease Review Committee (the committee) to hear appeals of decisions of the Secretary regarding shellfish cultivation leases issued under GS 113-202. The committee consists of one Commission member who will serve as hearing officer, and two public members, one with experience in shellfish aquaculture, and the other with experience in coastal property or property assessment. The Commission is to adopt procedures for the appeals.
Amends GS 113-203, subdivision (a2)(3), prohibiting transplant of oysters or clams from public grounds or permitted aquaculture operations utilizing waters in the prohibited classification to private beds except when transplanting is done in accordance with the provisions of this section. Modifies subsection (a3) to allow the transplant of seed oysters or seed clams taken from permitted aquaculture operations that use waters in the prohibited classification to private beds pursuant to an Aquaculture Seed Transplant Permit. Forbids the transplant of seed oysters or seed clams from permitted aquaculture operations that use waters in the prohibited, restricted, or conditionally approved classification to private beds if the Secretary determines that the nursery of shellfish in an area will present a risk to public health. Amends GS 113-210(c) to allow the Director of the Division of Marine Fisheries to issue an Under Dock Oyster Culture Permit for an area that the State Health Director has recommended be closed to shellfish harvest due to pollution or that has been closed to harvest by statute, rule, or proclamation due to suspected pollution only if the owner of the dock has signed a written acknowledgment that said oysters are intended for restoration purposes and not for consumption.
Amends GS 113-201.1, adding new subdivision (3a), defining Shellfish Aquaculture Enterprise Area as an area designated and permitted by the Department, subdivided into parcels, and made available for shellfish aquaculture leasing.
Sets a moratorium on new shellfish cultivation leases and new water column leases for aquaculture in a specified area near Wrightsville Beach and Wilmington, including the waters of Masonboro Sound and Greenville Sound, until July 1, 2020.
Sets a moratorium on new shellfish cultivation leases and new water column leases for aquaculture in a specified area in Bogue Sound until July 1, 2020. Requires the Division of Marine Fisheries, during the process for establishing Shellfish Aquaculture Enterprise Areas, to identify areas in Bogue Sound where there are fewer anticipated user conflicts with shellfish leases and report its findings to the General Assembly by July 1, 2019.
Part II.
Amends SL 2016-94, Section 14.11(f), to allow the University of North Carolina at Chapel Hill to extend the deadline to report the result of its oyster studies from December 31, 2018, to June 30, 2019, on written notice to the Fiscal Research Division, if the University determines that additional time is needed to complete the study.
Amends SL 2017-57, Section 13.13(b), to allow the North Carolina Policy Collaboratory to extend the delivery date of the Shellfish Mariculture Plan from December 31, 2018, to June 30, 2019, on written notice to the Fiscal Research Division, if the Collaboratory determines that additional time is needed to complete the study.
Amends SL 2017-57, Section 13.13(d), as amended by SL 2017-97 Section 4.1, to include the North Carolina Sea Grant in the list of stakeholders to be included in the planning of economic development related to promotion of the State's shellfish harvesting heritage. Removes the requirement to create a North Carolina Oyster Festival, and adds an allowance to create other public engagement events. Allows the Collaboratory to extend the due date for the recommendations to June 30, 2019, on written notice to the Fiscal Research Division if the Collaboratory and stakeholders determine that additional time is needed to complete the study.
Part III.
Includes a severability clause.
Effective July 1, 2018.
Makes conforming changes to the act's titles.
House committee substitute makes the following changes to the 1st edition. Makes the act applicable beginning with the 2018-19 school year (was, 2017-18 school year).
| Intro. by Corbin. | GS 115D |
Senate committee substitute makes the following changes to the 7th edition.
Changes the act's long title.
Amends the proposed changes to GS 7A-41 regarding superior court judicial divisions and districts. Deletes the proposed change moving Hoke County from District 16A to District 19D, and deletes the proposed change to increase the number of superior court judges in District 19D from one to two. Removes the proposed change to increase the number of superior court judges in District 19A from one to two. Make conforming changes to delete the implementation provisions concerning the addition of judgeships to Districts 19D and 19A.
Adds new Section, amending Senate Bill 757 (Various Court Districts Changes) of the 2017-18 Regular Session if the bill becomes law. Modifies the implementation provisions regarding the act's proposed changes to superior court districts in GS 7A-41, requiring superior court judge elections to be conducted in 2024 and every eight years thereafter in District 5A (consisting of Pender County and part of New Hanover County as revised by the bill; currently, SB 757 calls for elections to be held in District 5A in 2018 and every eight years thereafter).
Eliminates all proposed changes to GS 7A-133 regarding district court judicial districts, and GS 7A-60 regarding prosecutorial districts. Makes conforming changes to delete the companion implementation provisions to those proposed changes.
Amends the proposed changes to GS 163A-1112 to require official ballots to contain the designation of the vacancy sought for any vacancy (previously, required designation of the vacancy sought if there are two or more vacancies).
Makes conforming organizational changes to the act.
House amendments make the following changes to the 2nd edition.
Amendment #1 amends proposed GS 115C-105.60(g) to allow, after a determination that an individual poses an imminent risk threat, a health care provider to disclose protected health information to a member of a threat assessment team who is a school nurse, school psychologist, or other licensed health or licensed mental health professional (was, the information could be disclosed to any member of a threat assessment team). Limits the protected health information that can be disclosed to that information that is related to an imminent risk threat to the health or safety of school staff or students. Requires the member of the team receiving the records to provide an explanation of the records when sharing those records with the remainder of the team.
Amendment #2 amends proposed GS 115C-105.60(e) by adding to the actions that the superintendent (or designee) must take when it is determined that an individual poses a high risk or imminent risk threat of violence or physical harm to self or others, that when the imminent risk threat is determined to be an emergency under the Family Educational and Privacy Rights Act, the superintendent must give notice to individuals who are the subject of the threat and to a student's parent or legal guardian when a student is the subject of a threat. Allows the superintendent to delegate this responsibility to the school principal and allows requiring notice to be made to the principal directly. Makes additional conforming technical changes.
| Intro. by Torbett, Dobson, Lewis. | GS 115C |
House committee substitute makes the following changes to the 1st edition.
Directs the working group convened by the Department of Public Safety (DPS) pursuant to Section 3 of the act to make findings and recommendations to the Secretary of DPS and the Director of the State Crime Laboratory with respect to which untested sexual assault evidence collections should be tested, the testing priority of untested sexual assault evidence collection kits, and protocols for testing future sexual assault evidence collection kits in accordance with proposed GS 114-65.
House committee substitute amends the 1st edition by modifying proposed GS 160A-289.3(b), which requires local police departments to conduct background checks on potential citizens academy participants. Previously, the proposed language required the local departments to exclude individuals from the citizens academy based on prior criminal convictions or pending criminal charges or investigations. Changes this provision to instead permit local departments to exclude individuals based on prior criminal convictions or pending criminal charges or investigations.
House committee substitute amends the 1st edition, changing the act's long title.
| Intro. by Faircloth. | GS 17E |
House committee substitute makes the following changes to the 1st edition.
Changes the act's long title.
Deletes proposed Article 1L, the North Carolina Telemedicine Practice Act, to GS Chapter 90.
Adds to the elements the Department of Health and Human Services (DHHS) is required to consider in its study and report regarding telemedicine reimbursement standards for private health benefit plans. In addition to the previously specified elements, requires DHHS to consider the projected budget impact result if Medicaid and NC Health Choice are reimbursed for care provided via telemedicine in accordance with licensure regulations for appropriate existing covered services.
Requires DHHS and the Department of Information Technology (DIT) to study and report recommendations for a plan to ensure all state residents have sufficiently advanced Internet connectivity to receive health care via telemedicine (previously, required DHHS to solicit input from DIT in conducting the study, and did not direct DIT to conduct the study and report recommendations with DHHS).
Adds the NC Board of Nursing to the specified entities with which DHHS must consult in conducting the study and report on recommended performance metrics to be used by DHHS in assessing the quality of telemedicine services provided in the state.
Makes a technical correction to clarify that DHHS must report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on recommended State licensing standards, credentialing processes, and prescribing standards for telemedicine providers by September 1, 2019.
| Intro. by Lambeth, Dobson. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Changes the act's long and short titles.
Places the previous provisions into Part I.
Adds Part II. Directs the Office of Rural Health to structure the NC State Loan Repayment Program to align with three specific goals: (1) increase the number of healthcare providers in rural areas; (2) coordinate with the National Health Service Corps and Federal Loan Repayment programs, and any other publicly or privately funded programs, to maximize funding to increase the number of healthcare providers in rural areas; and (3) encourage the recruitment and retention of healthcare providers in rural areas.
Further directs the Office of Rural Health to work with data from the Cecil G. Sheps Center for Health Services Research as well as other sources to identify the need for dentists in rural areas, and develop a recommendation to target loan repayment funds for dentists in rural areas that have been identified as having the greatest need.
Requires the Office of Rural Health to submit an interim report on or before October 1, 2018, and a final report on or before October 1, 2019, to the Joint Legislative Oversight Committee on Health and Human Services.
Adds Part III. Directs the Joint Legislative Program Evaluation Oversight Committee to include in the work plan of the Program Evaluation Division (Division) an evaluation of the State Health Plan, with the goal of determining whether there are changes that will increase preventative health services, improve health outcomes, and lover the overall cost of healthcare. Requires the Division to include an evaluation of the direct primary care model in its study. Specifically requires the Division to determine: (1) the contract options for improving primary care physician quality of life in a rural setting that include but are not limited to a direct primary care type payment model and (2) the total cost implications and legislation needed to implement recommendations. Directs the Division to submit a report to the Joint Legislative Program Evaluation Oversight Committee on or before March 1, 2019.
Similarly, directs the Department of Health and Human Services (DHHS) to study whether there are changes to the State Medicaid Program that will increase preventative health services, improve health outcomes, and lower the overall cost of healthcare. Requires DHHS to include an evaluation of the direct primary care model in its study. Specifically requires DHHS to determine: (1) the relationship of options to outcome measures that will be included in the Prepaid Health Plan contracts under the transformed Medicaid program, (2) the contract options for improving primary care physician quality of life in a rural setting that include but are not limited to a direct primary care type payment model, and (3) the total cost implications and legislation needed to implement recommendations. Directs DHHS to submit a report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice on or before October 1, 2019.
| Intro. by Lewis, Murphy, White, Hunter. | STUDY |
House committee substitute makes the following changes to 1st edition. Adds the Duke University School of Medicine, the Wake Forest School of Medicine, and the Campbell University Jerry M. Wallace School of Osteopathic Medicine to the schools that will collaborate in developing the report on medical education programs and medical residency programs. Requires the report to also include detailed information about caps for Medicare-funded graduate medical education positions. Specifies that the report should address caps on medical student, residency, and intern slots, and caps on Medicare-funded graduate medical education positions. Requires the report to address the effect of these caps on addressing health workforce needs in North Carolina.
| Intro. by Lambeth, Horn, Dobson, Johnson. | STUDY |
House committee substitute amends the 1st edition, changing the date by which the Program Evaluation Committee must report to the Joint Legislative Program Evaluation Oversight Committee its findings and recommendations on the study of alternative dispute resolution methods between property owners and home owners associations from on or before October 1, 2018, to on or before February 1, 2019.
| Intro. by Stevens. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Adds that the Department of Military and Veteran Affairs (Department) is authorized to fund the construction of two new State veterans homes in the Triangle and Triad regions with funds available from the North Carolina Veterans Home Trust Fund (Trust Fund), in an amount not to exceed $28 million. Provides that the funds are to be used to provide the required state match, and the matching funds and any federal dollars received for that purpose are appropriated.
Appropriates $500,000 from the Trust Fund to the Department to be transferred to the Office of State Budget and Management to provide a grant to the Veterans Leadership Council of North Carolina-Cares (Council) to be used for the Veterans Life Center in Butner. Requires the Council to submit a detailed report on the use of the grant funds to the Joint Legislative Oversight Committee on General Government and the Fiscal Research Division.
Makes conforming changes to the act's long title.
| Intro. by Cleveland, Riddell, Floyd. | APPROP, UNCODIFIED |
House committee substitute to the 1st edition is to be summarized.
House committee substitute makes the following changes to the 1st edition.
Changes the act's long title.
Amends the proposed changes to GS 135-105, regarding short-term disability benefits under the Disability Income Plan. Modifies the proposed new requirement to now provide that an application for short-term disability must occur no later than 365 days (previously, 180 days) following the first day of the waiting period.
As title indicates.
| Intro. by Yarborough. |
The Daily Bulletin: 2018-06-06
The Governor vetoed the act on 06/06/18. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2017/S99Veto/S99Veto.html
| Intro. by Lee, Meredith, Ford. | APPROP, STUDY, GS 7A, GS 15A, GS 17C, GS 17E, GS 18C, GS 20, GS 58, GS 74E, GS 89C, GS 90, GS 97, GS 105, GS 106, GS 108A, GS 108C, GS 110, GS 115C, GS 115D, GS 116, GS 120, GS 122C, GS 126, GS 130A, GS 131D, GS 135, GS 136, GS 143, GS 143B, GS 143C, GS 146, GS 147, GS 150B, GS 159, GS 160A, GS 164 |
House committee substitute makes the following changes to the 2nd edition.
Deletes the previous provisions. Changes the act's long and short titles, and now provides the following.
Part I
Titles the act, The Heroin and Opioid Prevention and Enforcement (HOPE) Act of 2018.
Part II
Amends GS 90-89(3), which identifies schedule I hallucinogenic substances, to list 5-Methoxy-N,N-diisopropyltryptamine instead of 5-Methoxy-n-diisopropyltryptamine.
Authorizes the Revisor of Statutes to remove the hyphen that appears in each NBOMe compound after NBOMe and before 2 in GS 90-89(6)a. through l., which lists schedule 1 NBOMe compounds.
Amends GS 90-90(2), which identifies schedule II opiates or opioids, adding fentanyl immediate precursor chemical, 4-anilino-N-phenethyl-4-piperidine (ANPP).
Amends GS 90-95(d2), which identifies immediate precursor chemicals for which it is a Class H felony to possess with the intent to manufacture a controlled substance or possess or distribute reasonably knowing it will be used to manufacture a controlled substance under subsection (d1) of the statute. Adds N-phenethyl-4-piperidinone (NPP) as an immediate precursor chemical to which subsection (d1) applies. Modifies subdivision (31) of subsection (d2) to identify Phenyl-2-propanone instead of Phenyl-2-propane as an immediate precursor chemical to which subsection (d1) applies.
Amends GS 90-95(h), making any person who sells, manufacturers, delivers, transports, or possesses 28 grams or more of any substituted cathinone (previously, MDPV) or any mixture containing the substance guilty of felony trafficking in substituted cathinones (previously, trafficking in MDPV). Eliminates the provision providing for felony trafficking in mephedrone. Amends the provisions providing for felony trafficking in opium or heroin to modify the felony to now be known as trafficking in opium, opiate, opioid, or heroin, reserved for any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium, opiate, or opioid, or any salt, compound, derivative, or preparation of opium, opiate, or opioid, including heroin, or any mixture containing the substance. Maintains the existing felony class designations for trafficking in opium or heroin based on the quantity of the substance involved, now applicable to trafficking in opium, opiate, opioid, or heroin. Lastly, modifies the provision for felony trafficking in MDADMA to instead refer to the felony as trafficking in MDA/MDMA.
Enacts GS 90-107.1, requiring a certified diversion investigator (investigator) associated with a qualified law enforcement agency (as those terms are defined in GS 90-113.74(i), enacted below) to request and receive from a pharmacy copies of prescriptions and records related to prescriptions in connection with a bona fide active investigation related to the enforcement of laws governing licit or illicit drugs. Details information that the investigator must provide the pharmacy in writing or electronically in the request, including the investigator's name and certification number, the associated case number, the name and date of birth of each individual whose prescription and records the investigator seeks. Requires the investigator to send a copy of the request to the NC State Bureau of Investigation (SBI), Division and Environmental Crimes Unit. Directs the SBI to conduct periodic audits of a random sample of the requests. Requires the pharmacy receiving the request to provide the prescriptions and related records as soon as practicable and no later than two business days after receipt of the request. Provides for nondisclosure of the information received by the investigator except to other law enforcement officials or agencies involved in the bona fide active investigation, or in connection with a prosecution or court proceedings or before a licensing board or officer to which the prosecution or proceedings to whom the prescriptions or records relate is a party, as provided in GS 90-113.74(i)(4) (enacted below) or otherwise allowed by law. Grants immunity to a pharmacy or pharmacist that complies with the statute in good faith and provides copies of prescriptions and records to an investigator that is improperly used.
Amends GS 90-108. Modifies subdivision (a)(14), making it unlawful for any person who is a registrant or practitioner or an employee of a registrant or practitioner (previously, did not apply to registrants or practitioners) and who is authorized to possess controlled substances or has access to controlled substances by virtue of employment to embezzle or fraudulently or knowingly and willingly misapply or divert to his or her own use or other unauthorized or illegal use or to take with intent to embezzle or fraudulently or knowingly and willfully misapply or divert to his or her own use any controlled substance in his or her possession or under his or her care. GS 90-87 defines registrant to mean a person registered by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to manufacture, distribute, or dispense any controlled substance as required by Article 5 (NC Controlled Substances Act). GS 90-87 defines practitioner as (1) a physician, dentist, optometrist, veterinarian, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance so long as such activity is within the normal course of professional practice or research in this state or (2) a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance so long as such activity is within the normal course of professional practice or research in this state. Additionally, adds new subdivision (a)(15) similar to subdivision (a)(14) as amended, making it unlawful for anyone who is not a registrant or practitioner or an employee of a registrant or practitioner and who, by virtue of his or her occupation or profession, administers or provides medical care, aid, emergency treatment, or any combination to a person who is prescribed a controlled substance, to embezzle or fraudulently or knowingly and willingly misapply or divert to his or her own use or other unauthorized or illegal use or to take with intent to embezzle or fraudulently or knowingly and willfully misapply or divert to his or her own use any controlled substance that is prescribed to another. Amends subsection (b), making violations of subdivisions (a)(14) (as amended) and new (a)(15) a Class G felony. Adds new subdivision (b)(3), making violations of subdivisions (a)(14) (as amended) and new (a)(15) a Class E felony when the person intentionally diverts any controlled substance by means of dilution or substitution, or both, as those terms are defined in new subdivision (b)(3).
Part III
Amends GS 90-113.73 to require dispensers to also report the prescriber’s national provider identification number for any prescriber that has such a number. Provides that a pharmacy is not subject to civil penalty for failure to report the identification number when the pharmacy did not receive it.
Amends GS 90-113.74, concerning confidentiality of data in the controlled substances reporting system as follows. Adds that the Attorney General, or a designee who is a full-time employee of the NC Department of Justice, has access to the system to monitor requests for inspection of records (was, the State Bureau of Investigation was required to notify the Office of the Attorney General of each request for inspection of records). Allows DHHS to release data from the controlled substances reporting system to the federal Drug Enforcement Administration’s Office of Diversion Control or Tactical Diversion Squad in North Carolina (was, limited to the Office of Diversion Control). Adds the following criminal penalties for any individual authorized to access data in the controlled substances reporting system when that access is authorized in specified portions of the statutes (all persons that DHHS is required to release data to except persons authorized to prescribe or dispense controlled substances for purposes of medical or pharmaceutical care, and an individual requesting his own system information): Class I felony for an individual who knowingly and intentionally accesses prescription information in the controlled substances reporting system for an unauthorized purpose; Class I felony for an individual who knowingly and intentionally discloses or disseminates prescription information from the system for an unauthorized purpose; and a Class H felony for an individual who willfully and maliciously obtains, discloses, or disseminates prescription information for an unauthorized purpose with the intent to use the information for commercial advantage or personal gain, or to maliciously harm any person. Permanently bars any person convicted of one of these criminal offenses from accessing the reporting system. Allows the SBI, Diversion & Environmental Crimes Unit (UNIT) to investigate possible violations and notify DHHS of any charges or convictions.
Amends GS 90-113.74 by deleting the current provisions allowing the release of data in the controlled substances reporting system to sheriffs, deputy sheriffs, police chiefs, or designated police investigations. Instead allows the release of data in the controlled substances reporting system to local law enforcement officers, subject to the following conditions. Data must be released to a local law enforcement officer only if: the local law enforcement officer is a certified diversion investigator, the agency that supervises the investigator is a qualified law enforcement agency, the request is reasonably related to a bona fide active investigation involving a specific violation of any State or federal law involving a monitored prescription drug, and the request has been reviewed and approved by the Unit. Requires that if the Unit takes action on a request by a certified diversion investigator (investigator) for access to data in the controlled substances reporting system, the special agent does not incur criminal or civil liability for such action or for actions taken by the certified diversion investigator making the request. Requires DHHS to grant access to the system to the Attorney General of North Carolina, or designee, and Special Agents of the SBI assigned to the Unit to review the audit trail, which is created by these new conditions. Requires the SBI to conduct periodic audits of a random sample of requests from investigators for access to data in the controlled substances reporting system. Allows data obtained by investigators from the controlled substances reporting system in the manner prescribed to be shared with other law enforcement personnel or prosecutorial officials (1) only upon the direction of the investigator originally requesting the information and (2) in the case of law enforcement personnel from other law enforcement agencies, only with law enforcement personnel who are directly participating in an official joint investigation or as provided below. Requires that when the data provided to the local law enforcement officer indicates transactions solely outside of that local law enforcement officer's jurisdiction, that the matter be referred to the Unit, or to an investigator employed by a qualified law enforcement agency with jurisdiction over the transactions at issue.
Defines certified diversion investigator as an officer affiliated with a qualified law enforcement agency who is certified as a diversion investigator by either the North Carolina Sheriffs' Education and Training Standards Commission or the North Carolina Criminal Justice Education and Training Standards Commission. If for any reason a certified diversion investigator leaves a position involving diversion investigation, the qualified law enforcement agency shall notify the DHHS Controlled Substance Reporting System and the Unit within 72 hours after the effective date of the change. Defines qualified law enforcement agency as any of the following whose head is a certified diversion investigator or that employs at least one investigator and at least one certified diversion supervisor: a municipal police department, a county police department, or a sheriff's office. Also defines the terms certified diversion supervisor and active investigation.
Requires that investigators associated with a qualified law enforcement agency be allowed to register with the controlled substances reporting system by providing the specified minimum information about the investigator. Requires DHHS to enable each investigator associated with a qualified law enforcement agency to request and receive data in connection with a bona fide active investigation involving a specific violation of any state or federal law involving a monitored prescription by providing at least the specified information. Requires DHHS to enable the Unit to review each request for data from an investigator associated with a qualified law enforcement agency and, upon such review, to determine if the request is approved, denied, or delayed pending further review or investigation. Also requires DHHS to create an audit trail that may be used to investigate or prosecute violations of this Part and ensure that the Attorney General of North Carolina or a designee and Special Agents of the North Carolina State Bureau of Investigation who are assigned to the Unit have access to the system to review the audit trail.
Requires DHHS to begin developing the capabilities necessary to implement the above changes to GS 90-113.74.
Amends GS 90-113.75 by adding that a person who intentionally, knowingly, or negligently releases, obtains, or attempts to obtain information from the system in violation of a provision of Article 5E (North Carolina Controlled Substances Reporting System Act) or a rule adopted pursuant to the Article is temporarily banned from accessing the system until further findings by DHHS. Grants immunity from civil or criminal liability to a practitioner, dispenser, or other person or entity permitted access to or required or allowed to submit or transmit reports or other records, data, or information, including any protected health information or any other individually identifying or personal information, who in good faith submits or transmits such reports or other records or information as required or allowed by the Article.
Enacts new GS 90-113.74E to require that the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission, in consultation with the Department of Justice, North Carolina Justice Academy, and State Bureau of Investigation, ensure that educational materials are created and that training programs are conducted for the certification of diversion investigators and diversion supervisors. Makes conforming changes to GS 17C-6 (concerning powers of the North Carolina Criminal Justice Education and Training Standards Commission) and GS 17E-4 (concerning powers and duties of the North Carolina Sheriffs' Education and Training Standards Commission). Sets out minimum training requirements in both statutes.
Part IV
States the General Assembly’s intent to appropriate from the General Fund to the DHHS, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services: (1) $10 million in recurring funds for 2019-20, with the funds being used to increase the availability of community-based treatment and recovery services for substance use disorders, including medication-assisted treatment and (2) $1 million in recurring funds for 2019-20 to purchase opioid antagonists, to be distributed for free to North Carolina law enforcement agencies for the reversal of opioid-related drug overdoses.
States the General Assembly’s intent to appropriate from the General Fund to the State Bureau of Investigation: (1) $160,000 in recurring funds for 2019-20 to fund Operation Medicine Drop; and $122,000 in recurring funds and $58,000 in nonrecurring funds for 2019-20 to create one full-time equivalent special agent position within the State Bureau of Investigation to enhance drug investigations throughout the state. Provides that GS 143C-5-2, concerning the order of appropriations bills, does not apply to this act.
Part V
Includes a severability clause.
Unless otherwise indicated, the act is effective July 1, 2018.
Senate committee substitute amends the 2nd edition by making technical corrections to proposed GS 142-97 (Additional Provisions with respect to Build NC Bonds).
| Intro. by Rabon, Harrington, J. Davis. | GS 142 |
The Daily Bulletin: 2018-06-06
House committee substitute makes the following changes to the 1st edition.
Changes the act's long title.
Modifies the proposed authorization to now authorize the City of Winston-Salem (city) to convey city-owned real property (was, to sell real property) for the purpose of increasing the supply of affordable housing for low- and moderate-income persons. Makes conforming changes to more specifically refer to city-owned real property throughout the authorization. Adds a new qualification to the authorization to prohibit the city from conveying property acquired by the exercise of eminent domain. Makes technical changes to further modify the proposed language, permitting the conveying deed to contain a restriction providing that the city-owned property reverts to the municipality if it ceases to be used for the stated purpose prior to the expiration of the time period for such use required by the governing body. Establishes that the required resolution authorizing the appropriate municipal official to make a conveyance must be posted on the municipality's website at least 10 calendar days prior to the date the conveyance is executed by the appropriate municipal official (was, prior to the date the sale is finalized).
| Intro. by Conrad, Hanes, Terry, Lambeth. | Forsyth |
House committee substitute makes the following changes to the 1st edition.
Amends the act's long title by removing reference to Americans With Disabilities Act compliance.
| Intro. by Davis. | New Hanover |
House committee substitute makes the following changes to the 1st edition.
Changes the act's long and short titles. Makes organizational changes to place all of the act's previous provisions in Section 1 and clarifies that the previously proposed provisions apply to Moore County only.
Adds new Section 2, applicable to Stanly County only. Amends GS 105-537 to limit the use of the one-quarter of one percent local option sales tax to public education purposes. Adds to the ballot language such that tax on a purchase of $100 would be an extra 25 cents. Makes conforming changes to GS 105-538, and clarifies that the county is to use funds collected from local sales tax to supplement and not supplant or replace existing funds or other resources for public education.
House 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 SL 1987-688, Sections 2.1 and 3, making the violation of a no-wake speed restricted area while operating a water vessel an infraction as provided under GS 14-3.1, and subject to a $50 fee. A person guilty of such an infraction may not be assessed court costs. Previously, this violation was a misdemeanor subject to a fine of up to $250. Provides that this act is enforceable under GS 75A-17 as if it were a provision of GS Chapter 75A, meaning that wildlife protectors, Department of Environmental Quality enforcement personnel, and other State law-enforcement officers may enforce this violation. Previously, enforcement was limited to officers of the Wildlife Resources Commission and the Brunswick County Sheriff, which the 1st edition had retained and expanded authorization for enforcement to officers of the Department of Public Safety of the Village of Bald Head.
Applies to the Village of Bald Head Island only.
| Intro. by Iler. | Brunswick |
House committee substitute makes the following changes to the 1st edition.
Makes a technical change to the proposed immunity provisions set out in Section 11 of the act to refer to Guilford instead of Orange County.
Changes the effective date of the act from January 1, 2018, to July 1, 2018.
| Intro. by Hardister, Ross, Quick, Brockman. | UNCODIFIED, Alamance, Guilford |
House committee substitute makes the following changes to the 1st edition.
Modifies proposed GS 132-1.15, personally identifiable records relating to county animal services, to more specifically permit the disclosure or nondisclosure of information that is not a public record under the statute in the county's discretion (previously, more generally referred to information that is not public record).
| Intro. by Hardister, Blust, Brockman, Quick. | Guilford |
Applicable to the City of Greensboro only, amends GS 160A-168 as previously amended by SL 2001-20, authorizing the city manager or the city chief of police, or their designees, to release the disposition of disciplinary charges and the surrounding facts relied upon in that determination against a police officer to any board or committee designated by the city council to provide citizen review of the police disciplinary process (previously, specified release to the Human Relations Commission Complaint Subcommittee). Further authorizes the city manager or the city chief of police, or their designees, and the designated board or committee to release the disposition of the disciplinary charges and the surrounding facts relied upon in that determination to the person alleged to have been aggrieved by the officer's actions or that person's survivor (previously, only the city manager and the city chief of police, or their designees, can make the release, and the release was limited to the disposition of the disciplinary charges only). Makes conforming changes to require the members of the designated board or committee rather than the members of the Human Relations Commission Complaint Subcommittee to maintain confidentiality and execute confidentiality agreements as previously described.
| Intro. by Harrison, Faircloth, Hardister, Quick. | Guilford |
Enacts GS 153A-275.1 authorizing the specified counties to provide infrastructure for the purpose of expanding high-speed internet access service in unserved areas of the county. Defines high-speed internet access service and unserved area. Specifies that the infrastructure can include, but is not limited to, conduit, fiber-optic cable, and fiber-optic wire. Authorizes the county to lease the infrastructure to unaffiliated, qualified private providers of high-speed internet access service. Requires any leases under this statute to comply with the provisions of Article 8 of GS Chapter 143 (concerning county property), and to be awarded on a technology-neutral basis. Clarifies that the statute does not permit a county to provide internet service.
Makes conforming changes to amend GS 153A-274 to include high-speed internet access service to the defined term public enterprise, as used in Article 15 of GS Chapter 153A (Public Enterprises).
Applies only to Avery, Cherokee, Clay, Cleveland, Graham, Haywood, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, and Swain counties.
Applies in the city of Asheville only. Amends GS 132-1.4A(h), adding new subdivision (4), allowing a custodial law enforcement agency to disclose a body-worn camera recording, in a closed session, to the city council. Requires council members to execute a confidentiality statement agreeing to maintain the confidentiality of the recording in advance of the viewing. Allows recording images to be released to the public only by court order. Amends GS 143-318.11(a), allowing for closed city council sessions for the purposes of viewing a body-worn camera recording as provided for above.
| Intro. by Fisher, Ager, B. Turner. | Buncombe |
The Daily Bulletin: 2018-06-06
Amends SL 2013-112 to extend the sunset on the provision allowing Buncombe County to construct community college buildings on the Asheville-Buncombe Technical Community College campus within Buncombe County, from December 31 2018, to December 31, 2023.
| Intro. by Edwards. | Buncombe |
Authorizes the Buncombe County Board of Commissioners (Commissioners) to create a Domestic Violence Task Force (Task Force) by resolution. Requires the Commissioners to develop the mission for the Task Force to address five specified community needs to combat the rise in domestic violence and address the needs of victims. Provides that the Task Force will work in conjunction with other governmental and nongovernmental agencies to share information necessary to meet the specified objectives. Requires the Commissioners to determine criteria for membership and to select and manage membership of the Task Force. Limits the Task Force's access to records in a domestic violence fatality case to when a district attorney has given written approval for access after the completion of the investigation or court proceedings or that access by the Task Force will not have any negative or adverse effects on the investigation or completion of a pending case. Requires the Commissioners to establish reporting requirements for the Task Force. Prohibits any report issued under the act from identifying the specific case or case reviews that led to the Task Force's findings and recommendations. Applies to Buncombe County only.
| Intro. by Edwards. | Buncombe |
Actions on Bills: 2018-06-06
H 92: CHEROKEE REG. PLATE/TEACHING AGREEMENT. (NEW)
H 223: SPECIAL PLATES/HANDICAPPED PLACARD RENEWAL. (NEW)
H 273: CHARTER SCHOOLS IN STATE HEALTH PLAN.
H 361: SUPPORT SHELLFISH INDUSTRY (NEW).
H 519: TRI-COUNTY CC/NEIGHBOR STATE IN-STATE TUITION.
H 717: JUDICIAL ELECTIONS CHANGES. (NEW)
H 931: UNEMPLOYMENT INSURANCE TECHNICAL CHANGES.
H 933: RECIPROCITY/SCHOOL PSYCHOLOGIST LICENSURE.
H 934: THREAT ASSESSMENT TEAMS. (NEW)
H 935: ADD PIEDMONT COMMUNITY CHARTER SCHOOL TO SHP.
H 945: RAPE EVIDENCE COLLECTION KIT TRACKING ACT.
H 960: LOCAL LAW ENFORCEMENT/CITIZENS ACADEMIES.
H 961: REQUIRED TRAINING POLICE TELECOMMUNICATORS.
H 963: CLARIFY PREVENTION/EMERGENCY MANAGEMENT ACT.
H 965: NATIONAL AND STATE MOTTOS IN SCHOOLS ACT.
H 967: TELEMEDICINE POLICY.
H 970: WORLD WAR II HERITAGE CITIES.
H 977: ADMIN. CHANGES RET. SYSTEM/TREASURER - 2018.-AB
H 981: STATE AS A MODEL EMPLOYER/IDD.
H 982: IDD DATA SHARING/LONGITUDINAL DATA SYSTEM.
H 986: VARIOUS CHANGES TO EDUCATION LAWS (NEW).
H 992: AZALEA FESTIVAL/OFFICIAL SPRING CELEBRATION.
H 998: IMPROVING NC RURAL HEALTH (NEW).
H 1002: MEDICAL EDUCATION & RESIDENCY STUDY.
H 1010: BUILD NC BOND ACT.
H 1019: FALLEN WILDLIFE OFFICERS MEMORIAL LICENSE.
H 1022: COLLABORATIVE LAW.
H 1025: GSC TECHNICAL CORRECTIONS 2018.
H 1035: COLLEGE OF THE ALBEMARLE/DARE COUNTY.
H 1036: PED LOTTERY RECOMMENDATIONS.
H 1040: AMEND SUM EJECT SERVICE/ALLOW PROCESS SERVER.
H 1047: LRC HOA DISPUTE RESOLUTION/PED STUDY.
H 1050: EXPANSION OF STATE VETERANS CEMETERIES.
H 1055: RETIREMENT COMPLEXITY REDUCTION ACT OF 2018.-AB
H 1056: FAIR 2018.-AB
H 1069: RECOGNIZING 70TH ANNIVERSARY STATE OF ISRAEL.
H 1073: ESTABLISH ECON. DEV. ENERGY TASK FORCE.
H 1088: AUTHORIZE WILDLIFE ACT RESOLUTION.
S 99: APPROPRIATIONS ACT OF 2018. (NEW)
S 140: TITLE INS. REV/BAILBONDSMEN DEPOSITS (NEW).
S 462: CHANGE NAME OF UNC GENERAL ADMINISTRATION. (NEW)
S 531: DEANNEX: TOWNS OF STANFIELD/BADIN/RED CROSS (NEW).
S 616: HEROIN & OPIOID PREVENTION & ENFORCEMENT ACT (NEW) .
S 711: NC FARM ACT OF 2018.
S 727: RAPE EVIDENCE COLLECTION KIT TRACKING ACT.
S 758: BUILD NC BOND ACT OF 2018.
S 768: PEOPLE FIRST LANGUAGE 2018.
S 806: UP MINIMUM WAGE WITH COLA/CONST. AMENDMENT.
Actions on Bills: 2018-06-06
H 514: PERMIT MUNICIPAL CHARTER SCHOOL/CERTAIN TOWNS.
H 929: RECREATION SERVICE DISTRICT - JOHNSTON COUNTY.
H 971: WINSTON-SALEM DEANNEXATION.
H 995: WINSTON-SALEM/WC/THIRD-PARTY ADMIN DEF.
H 996: WINSTON-SALEM/REAL PROPERTY CONVEYANCES.
H 1004: WRIGHTSVILLE BEACH LOCAL ACT CHANGES.
H 1017: MOORE/STANLY COUNTY LOCAL SALES TAX USE RESTRICTION (NEW).
H 1027: BALD HEAD ISLAND/NO-WAKE ZONE. (NEW)
H 1028: OAK ISLAND CHARTER AMENDMENT.
H 1076: ALAMANCE/GUILFORD BOUNDARY LINE.
H 1080: GUILFORD CO. ANIMAL CONTROL RECORDS.
H 1084: HIGH POINT/CITY MANAGER DISPOSE OF EASEMENTS.
H 1085: GREENSBORO CRIMINAL JUSTICE ADVISORY COMM.
H 1086: COUNTIES/INTERNET INFRASTRUCTURE.
H 1087: ASHEVILLE/BODY-WORN CAMERAS.
S 566: WRIGHTSVILLE BEACH/WILMINGTON DEANNEX-ANNEX (NEW).
S 740: SCOTLAND CO. REGISTER OF DEEDS TAX CERT.
S 753: FRANKLIN & WAKE/DAILY DEPOSITS.
S 804: AUTHORIZE TEACHER-GOV'T EMP'EE HOUSING/BERTIE.
S 807: EXTEND SUNSET/BUNCOMBE CO./CC PROJECTS.
S 808: DOMESTIC VIOLENCE FATALITY REVIEW IN BUNCOMBE (NEW).
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