Conference report makes the following changes to the 2nd edition.
Amends GS 58-93-2, setting out the definitions for the Prepaid Health Plan Licensing Act, by adding and defining commercial plan and provider-led entity. Amends the definition of prepaid health plan or PHP so that it is a commercial plan or provider-led entity holding a licensue under this Article for the purposes of operating a capitated contract for the delivery of services under the NC Medicaid and NC Health Choice Programs.
Amends GS 58-93-5 to allow any commercial plan or provider-led entity (was, any entity) to apply for a license to operate as a PHP.
Amends GS 58-93-10 to provide that the issuance of a PHP license is required when the specified conditions are met, except as provided in GS 58-93-5(c) (concerning an entity who is already a licensed health organization in the state).
Makes a clarifying change in GS 58-93-70.
Amends GS 58-93-92 by removing from the provisions applicable to PHPs GS 58-2-125 (authority over all insurance companies; no exemptions from license).
Adds the following provisions.
Enacts new GS 58-67-12 allowing the Commissioner of Insurance to contract with consultants and other professionals to complete the regulatory activities required under the Health Maintenance Organization Act.
Amends GS 58-67-95 to allow a prepaid health plan licensed to do business in the state to organize and operate a health maintenance organization. Requires demonstration of compliance with the Article.
Enacts new GS 108A-68.2 allowing a prepaid health plan to develop a lock-in program (requiring the individual to select a single prescriber and a single pharmacy for obtaining covered substances) for Medicaid or NC Health Choice beneficiaries who (1) have filled six or more prescriptions for covered substances in two consecutive months, (2) have received prescriptions for covered substances from three or more providers in two consecutive months, and (3) are recommended for the program by a provider. Defines covered substances to mean any controlled substance identified as an opioid or benzodiazepine, excluding benzodiazepine sedative-hypnotics, contained in Article 5 of GS Chapter 90, unless one of the following conditions are met: (1) the Department of Health and Human Services (DHHS) specifically identifies the opioid or benzodiazepine as a substance excluded from coverage by the Medicaid Beneficiary Management Lock-In Program, then the opioid or benzodiazepine is not a covered substance; (2) if DHHS specifically identifies a controlled substance contained in Article 5 of GS Chapter 90 other than an opioid or benzodiazepine as a controlled substance covered by the Medicaid Beneficiary Management Lock-In Program, then the controlled substance is a covered substance.
Enacts GS 58-51-37.1 to allow an insurer to develop a lock-in program as part of a health benefit plan for insureds who (1) have filled six or more prescriptions for covered substances in two consecutive months, (2) have received prescriptions for covered substances from three or more providers in two consecutive months, and (3) are recommended for the program by a provider. Makes conforming changes to GS 58-51-37.
These new provisions above are effective when the act becomes law.
Amends SL 2015-245, as amended, Section 3, by requiring that capitated contracts begin 18 months after the date that CMS approves the 115 demonstration waiver request and allows DHHS to phase recipient enrollment on a regional basis, if it is complete no later than five months after the date that the contracts are required to begin. Amends Section 4 to exclude from PHP coverage recipients who are enrolled in both Medicare and Medicaid for whom Medicaid coverage is limited to the coverage of Medicare premiums and cost sharing. Adds that the following recipients must not be covered by PHPs for a time period determined by DHHS, not to exceed five years after the date that the capitated PHP contract begins: recipients who (1) reside in a nursing facility and have or are likely to do so for 90 days or longer and are not being served through the Community Alternatives Program for Disabled Adults (CAP/DA) and (2) are enrolled in both Medicare and Medicaid and for whom Medicaid coverage is not limited to the coverage of Medicare premiums and cost sharing. Amends Section 4 to provide that a recipient of any of the categories excluded form PHP coverage who is eligible to receive a service that is not available in the fee-for-service program but is offered by a PHP to enroll in a PHP. Amends Section 5 by amending the DHHS responsibility for setting capitation rates to add that the capitated PHP contracts must not require any withhold arrangements during the first 18 months of demonstration. Sets limits on any withhold arrangements after that time. Amends the required contract terms for contracts with capitated PHP contracts to set a minimum medical loss ratio and to require terms that ensure PHPs will be subject to certain specified requirements of GS Chapter 58. Ads that PHPs must implement an Advanced Medical Home care management program but are not required to contract with any particular entity. Makes conforming changes.
States the General Assembly's intent to enact legislation, no later than March 15, 2019, that will ensure that the premium tax levied under GS 105-228.5 applies to capitation payments received by Prepaid Health Plans. Provides that until March 15, 2019, or such earlier date as the legislation is enacted, DHHS must plan for the implementation of Medicaid transformation with the assumption that the legislation will be enacted. If the General Assembly has not ratified the legislation by March 15, 2019, then DHHS must plan for the implementation of Medicaid transformation with the assumption that the legislation will not be enacted, and must correct all actions taken in reliance on the previous assumption. Requires DHHS by October 1, 2018, to submit a report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice containing proposed legislative changes necessary to accomplish the intent above. Provides that GS 143C-5-2, order of appropriations bills, does not apply to legislation that is introduced in the 2019 General Assembly that contains the legislative changes necessary to accomplish this intent.
States the General Assembly's intent to enact legislation during the 2019 Regular Session that will replace the Hospital Provider Assessment Act with a similar hospital provider assessment that will preserve existing levels of funding generated by the current assessment and will result in similar overall payment levels to hospitals. Requires DHHS by October 1, 2018, to submit a report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice containing proposed legislative changes necessary to accomplish this intent. GS 143C-5-2, order of appropriations bills, does not apply to legislation that is introduced in the 2019 General Assembly that contains the legislative changes necessary to accomplish this intent.
Sets out the time frame within which DHHS must issue the requests for proposals required by Section 5 of SL 2015-245.
Makes conforming changes the act's titles.
The Daily Bulletin: 2018-06-15
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The Daily Bulletin: 2018-06-15
Conference report to the 3rd edition makes the following changes.
Amends GS 20-37 by providing that a medical certification is not required to renew any handicapped placard that expires after a person to whom it is issued is 80 years old (was, renewal is not required for any placard that expires after the person to whom it is issued is 80 years old).
Adds a section amending GS 143B-1325 by allowing the secretaries of the departments listed in the statute to delegate to the Department's Chief Information Officer the authority for budgetary decisions falling below a set dollar threshold. Effective July 1, 2018.
Makes conforming changes to the title.
Senate committee substitute rewrites entirely the 1st edition of the bill as follows and makes conforming changes to the bill title.
Amends GS 105-277.15 to expand the categories of land that qualify for present-use value taxation as wildlife conservation land. Adds new GS 105-277.15(c)(3)a.3. allowing among the uses of land managed under a wildlife habitat conservation agreement with the North Carolina Wildlife Resources Commission lands that are created and actively and regularly used as a reserve for hunting, fishing, shooting, wildlife observation, or wildlife activities. To qualify in this category, the land must be inspected by a certified wildlife biologist at least once every five years to ensure at least three of the following activities are maintained to sustain wildlife populations: supplemental food, supplemental water, supplemental shelter, habitat control, erosion control, predator control, and census of animal population. Amends subsection (d) to limit permissible classification of hunting reserve lands for present-use value taxation purposes to 800 acres of an owner's land within a county. Makes additional technical conforming changes. Effective for tax years beginning on or after July 1, 2019.
| Intro. by Dixon. | GS 105 |
Conference report makes the following changes to the 2nd edition.
Amends GS 113-202 by deleting the language that set a 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. Amends the limits on shellfish cultivation leases to set the following limits on coastal fishing waters that are (1) designated as a Shellfish Best Use Area and (2) located north of Core 36 Sound, the limit is 200 acres; (2) with respect to all other coastal fishing waters, the limit is 50 acres. Amends the procedure for contesting a lease application decision to specify that a determination of the appropriateness of a contested case is to be made by the Shellfish Cultivation Lease Review Committee and extends the time frame for the determination from 30 to 90 days. Amends subsection (t) by deleting the definition of resident and instead adding that the Secretary conduct preliminary site assessment and public scoping activities in order to designate Shellfish Best Use Areas in coastal fishing waters north of Core Sound. Allows the Secretary, before designating a Shellfish Best Use Area, to gather information needed to determine suitable coastal fishing waters for a Shellfish Best Use Area. Requires the Secretary to post the Shellfish Best Use Areas on the Division of Marine Fisheries' website.
Amends GS 113-201.1 by amending the definition of natural shellfish bed to define it in the same way as previously proposed in GS 113-202.
Amends GS 113-130 by amending the definition of resident to require corporations to be chartered under the laws of this state and to require partnerships to have all partners residing in the state.
Amends GS 113-201.1 by adding and defining shellfish best use area as an area designated by the Secretary based on a finding that the area is compatible with larger acreage shellfish aquaculture leasing.
Amends the moratoriums on shellfish leasing in the New Hanover County and Bogue Sound areas by adding that a new shellfish cultivation lease or water column lease includes applications for either type of lease received by the Secretary, but not granted as of July 1, 2018.
Deletes proposed changes to SL 2017-57, Section 13.13, concerning the development of plans and recommendations for economic development related to promotion of the state's shellfish harvesting heritage.
Conference committee report rewrites the 4th edition entirely and changes the bill title to read AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Amends GS 150B-23(f) by adding electronic delivery as an authorized method of delivery of the agency decision.
Amends GS 130A-247(8) by adding to the definition of temporary food establishment an agritourism business, and defines agritourism as provided under GS 153A-340(b)(2a). Authorizes a local health department to grant a one-time, 15-day extension of a temporary food establishment’s permit if the establishment continues to meet all permit requirements and applicable rules.
Amends GS 88B-6(a), changing the required office location for the North Carolina Board of Cosmetic Art Examiners from Raleigh to Wake County.
Amends GS 75-41 by adding a new subsection (d1) to exempt real estate professionals licensed under Chapter 93A from the statute’s automatic renewal requirements for contracts.
Amends GS 25A-34 by clarifying that a scheduled payment may be no more than 10% larger than the average of earlier scheduled payments, and exempts from the statute the sale of a motorcycle as defined in GS 20-4.01(27) with a purchase price of $7,500 or more.
Amends GS 74D-8 (a)(1)b. by requiring employees of alarm systems businesses who install or service electronic security systems in commercial business establishments to be registered with the Alarm Systems Licensing Board.
Amends GS 166A-19.70(c) by requiring that the precertification for transporting commercial essentials or restoring utility services be renewable.
Uncodified provision requires the Division of Mitigation Services to review and revise bidding and contracting procedures for procuring mitigation services to include that bonding or other surety requirements for construction of mitigation projects must be only the minimum necessary to secure State funds under the mitigation contract, and that post-construction bond periods must be only for the minimum amount of time necessary to determine with a reasonable degree of certainty that the project is successful and the reasonably determined level of financial risk to the state in the event of project failure. Requires the Division to report, December 1, 2018, to the Environmental Review Commission on implementation of the requirement including methodology for setting bond amounts and time limits.
Amends GS 130A-336(b1) providing that site activities begun or completed on a project in compliance with the original permit issued by a local health department does not constitute altered conditions and is not a basis for refusing a permit extension. Authorizes a property owner to have a site verification conducted by a licensed soil scientist to verify whether the conditions of the original permit are unchanged, and requires a local health department to accept a report by a licensed soil scientist in lieu of verification by the department.
Uncodified provision adds to the charge of the Legislative Research Commission’s Study of Rates and Transfers/Public Enterprises authorization to recommend legislation necessary to grant or clarify mandatory connection authority relating to use of an engineering option permit for wastewater, for multiple public systems operating singularly, and for public-private partnerships.
Amends GS 130A-334(9a) by exempting from the definition of repair to a permitted wastewater system the replacement of a damaged gravity distribution box by a certified on-site wastewater contractor.
Amends GS 130A-334(15) by deleting from the definition of a wastewater system that, for permitting purposes, a system located on multiple adjoining lots or tracts of land under common ownership or control be considered a single system.
Amends GS 130A-335 by adding a new subsection (a2) requiring approval by the applicable permitting authority evaluations conducted by a licensed soil scientist or a licensed geologist under the following conditions: the evaluation satisfies all the requirements of Article 11 of Chapter 130A governing wastewater systems, the evaluation does not cover areas outside the scope of the applicable license, and the licensed professional conducting the evaluation maintains an errors or omissions liability insurance policy commensurate with the risk. Amends subsection (c) to require local boards of health to use historical experience to establish modifications or additions to rules established by the Commission and to clarify that the Department’s findings regarding local health department rules include modifications or additions to the Commission’s rules.
Amends GS 130A-343(a)(1) by adding to the definition of an accepted wastewater dispersal system one with a trench dispersal system approved by the Department and deletes the requirement that a system which has been in use for more than five years be an innovative system, and makes conforming changes to subsection (h) of the statute.
Uncodified provision requires the Environmental Management Commission to adopt a rule amending the permit and application fees rule for permits issued under 15A NCAC 02Q.0203 by setting the application fee and permit fee for certain air curtain burner facilities with emissions below the Title V major source threshold at an amount of 10% of the otherwise applicable fee. Establishes this fee temporarily until the Commission has adopted the required rule. Exempts this rule from various provisions of Chapter 150B.
Uncodified provision requires the Environmental Management Commission to review local government implementation of delegated stormwater management programs to determine which local governments are enforcing regulations that exceed state law and have taken enforcement action based on TMDL levels or NPDES permits that exceed state law. Requires the Commission to report to the Environmental Review Commission by January 1, 2019.
Amends GS 113A-115.1 by adding a new subsection (c1) authorizing the Commission to authorize repair or replacement of a temporary erosion control structure permitted prior to July 1, 1995, if the structure is located adjacent to an intertidal marine rock outcropping designated as a natural heritage area and the replacement structure will comply with applicable laws in effect at the time the structure is replaced other than rules to which the Commission granted a variance. Further amends subsection (c) authorizing the Commission to issue a permit for a permanent erosion control structure (was, erosion control structure) originally permitted pursuant to a variance granted prior to July 1, 1995.
Uncodified provision deems a subdivision compliant with the requirements of SL 2008-211 relating to stormwater management if the subdivision’s original declaration of covenants was recorded at 20 years prior to the effective date of this act, and the original developer transferred the stormwater permit to the homeowners association who had no notice of noncompliance with impervious surface limitations. Limits application of this provision to impervious surfaces built prior to January 1, 2017. Further provides that, notwithstanding the requirements of SL 2008-211, a regional water facility is not required to increase the size of its wet detention ponds or decrease the amount of impervious surfaces for which it has been permitted based on unintentional incorrect calculations in its stormwater management permit. Makes this provision effective when the act becomes law and applies to all permits issued both before and after that date.
Uncodified provision amends Sec. 3.1(c) of SL 2017-190 to exempt eels imported from the State of Maryland for use in an aquaculture operation from the permitting requirements of the Importation of Marine and Estuarine Organisms Rule.
Amends GS 143B-279.9 by repealing reference to land contaminated from discharge from an underground storage tank and requires that, for all sites contaminated by discharge from an above-ground storage tank, the imposition of restrictions on current or future use of the real property on such sites are only allowed if the Department determines that the legal requirements of GS 143-215.104AA or GS 130A-310.73A have been satisfied. Makes identical changes to GS 143B-279.11(h). Makes these provisions effective retroactive to October 4, 2017.
Uncodified provision requires the Environmental Management Commission to adopt a rule amending the general requirements applicable to performance standards for underground storage tank systems or the underground storage tank system component installation or replacement rule to not require that overfill prevention equipment be checked annually but instead be checked once every three years consistent with federal law. Establishes this rule temporarily until the Commission has adopted the required rule. Exempts the rule from various provisions of Chapter 150B. Further requires the Environmental Management Commission to adopt a rule requiring the Department of Environmental Quality to allow owners and operators of underground storage tanks to use all test methods and equipment approved by the Environmental Protection Agency, including a testable drop tube. Establishes this rule temporarily until the Commission has adopted the required rule. Exempts the rule from various provisions of Chapter 150B.
Amends GS 130A-291(c) by adding a new subdivision (4) authorizing, for purposes of local government authority to regulate flow control of solid waste, property acquired by a local government between January 1, 2006, and September 1, 2017, with the specific intent of adding the property to an existing solid waste landfill if the property is contiguous to the landfill; was issued an operating permit prior to September 1, 2017; and has received less than 55,000 tons of waste in fiscal year 2016-17. Provides that this section expires on June 30, 2019.
Amends GS 130A-294(a4) by requiring local government to allow a sanitary landfill to continue to operate until the term of the life-of-site permit expires if the owner has complied previously and remains in compliance with the terms and conditions of the local government’s approval or franchise agreement. Makes conforming change to GS 160A-319(a) and GS 153A-136(a)(3).
Amends GS 62-133.2(a3) to include among the recoverable costs in fuel clause riders for electric public utilities that have fewer than 150,000 retail customers the cost of purchases of electronic power from qualifying cogenerations facilities and qualifying small power production facilities as defined in GS 62-133.2(a)(10), and subjects these costs to the current 1% annual cap on cost increases.
Amends GS 62-10(g) by prohibiting from appointment to the North Carolina Utilities Commission on an interim basis pending confirmation a person who was previously subject to but not confirmed by the General Assembly within the preceding four years. Specifies that "not confirmed" includes unfavorable action on, failure to adopt, or failure to ratify a joint resolution for confirmation. Makes identical change to GS 97-77(a1) for appointments to the North Carolina Industrial Commission.
Amends GS 7A-60(a1), as amended by Sec. 18B.6 of SL 2018-5, to increase the number of assistant district attorneys in prosecutorial district 10 from 14 to 15, and to decrease the number in district 22 from 9 to 8.
Amends GS 105-275(46) to exempt from property taxation personal property used solely for educational purposes by a charter school. Amends subsection (49) of this statute by repealing reference to a nonprofit charter school. These changes effective for tax years beginning on or after July 1, 2018.
Uncodified provision repeals changes to GS 160A-307.1 (limitation on city requirements for street improvements related to schools) enacted in Senate Bill 335 (budget technical corrections); effective if Senate Bill 335 becomes law.
Uncodified provision repeals policies of the State Board of Education determined to be inconsistent with the North Carolina Supreme Court’s holding in North Carolina State Board of Education v. State of North Carolina and Mark Johnson (No. 333PA17, June 8, 2018).
Uncodified provision declares State Board of Education Rules pending before the Rules Review Commission to be interim rules subject to Commission review and action consistent with the North Carolina Supreme Court’s holding in North Carolina State Board of Education v. State of North Carolina and North Carolina Rules Review Commission (No. 110PA16-2, June 8, 2018). Provides that any interim rule shall become null and void on May 30, 2019, if the State Board of Education fails to publish a notice of text to adopt the interim rule as a permanent rule, and that the interim rule shall become null and void on May 30, 2020, if the State Board fails to adopt the interim rule as a permanent rule.
Uncodified provision prohibits the North Carolina Board of Funeral Service from revoking or refusing to issue a license based on a test score invalidated by the International Conference of Funeral Service Examining Boards if, prior to January 1, 2018, the Conference notified the Board that the licensee had achieved a passing score on the test as required under state law, provided the licensee did not act in a manner that requires invalidation of a test score.
| Intro. by McElraft, Howard, Johnson, Hurley. | STUDY, GS 7A, GS 62, GS 75, GS 88B, GS 105, GS 113A, GS 130A, GS 143B, GS 153A, GS 160A |
Conference report deletes all provisions of 4th edition and replaces it with AN ACT TO MODIFY THE MEDICAID TRANSFORMATION LEGISLATION.
Amends SL 2015-245, Section 4, as amended by SL 2016-121, Section 2(b), SL 2017-57, Section 11H.17(a), and SL 2017-186, Section 4, modifying the definition of Prepaid Health Plan to also include a local management entity/managed care organization (LME/MCO) that operates or will operate a BH IDD Tailored Plan.
Requires that Medicaid services currently covered by an LME/MCO will not be covered under any capitated Physicians Health Plan (PHP) contract other than a BH IDD Tailored Plan, except that all capitated PHP contracts must cover the set of specific services, including behavioral health services, crisis services and types of substance abuse treatment. Requires that capitated PHP contracts cover all Medicaid and NC Health Choice program aid categories except for an expanded set of specific recipients, including prison inmates and those being served through the Community Alternatives Program. Also includes those with a serious mental illness, emotional disturbance, substance use disorder, intellectual/developmental disability, and those with traumatic brain injury, but provides that recipients in this category will be enrolled in a BH IDD Tailored Plan when such plans become operational. Provides these recipients with the option to voluntarily enroll with a PHP, if doing so would be the only way to gain access to behavioral health services and informed consent is provided. Sets out specific requirements for recipients who must belong to this category, including those with serious mental illness, serious emotional disturbance, traumatic brain injury, and children with complex needs, developmental delays, or involvement in the juvenile justice system.
Increases number of capitated PHP contracts between the Division of Health Benefits and PHPs to provide coverage to Medicaid and NC Health Choice recipients statewide to four contracts. Creates exception to limit on number of capitated PHP contracts for BH IDD Tailored Plans.
Requires LME/MCOs to cease managing Medicaid services for all Medicaid recipients other than those in subdivision (5) of this section beginning on the date that capitated contracts begin. Until BH IDD Tailored Plans become operational, LME/MCOs must continue to manage Medicaid services that are currently covered by them, and capitation payments will continue.
Forbids Department of Health and Human Services (DHHS) from implementing BH IDD Tailored Plans until August 31, 2018, or until authorized to do so by the General Assembly.
Defines BH IDD Tailored Plans (BH IDD plans) as capitated PHP contracts that meet all requirements in this act for capitated PHP contracts except as provided. Defines Standard Benefit Plans as Capitated PHP contracts that are not BH IDD plans. Sets out terms for the implementation of BH IDD plans by DHHS as follows. If 1915(b)/(c) waivers are discontinued, the following components of those waivers must be included in the 115 waiver. Operators of BH IDD plans must provide services currently offered under 1915(b)/(c) waivers, must operate care coordination functions, and provide other functions as listed. Forbids entities other than an LME/MCO to operate a BH IDD plan for the first four years of implementation. Sets out standards for the operation of BH IDD plans and terms for their continuance after initial four-year period.
Requires DHHS to report by June 22, 2018, with a plan for the implementation of BH IDD plans. Authorizes DHHS to take actions to implement BH IDD plans by August 31, 2018, or when authorized by a subsequent act.
| Intro. by Dollar, Lambeth, Dobson, White. | UNCODIFIED |
Conference committee substitute makes the following changes to 4th edition.
Amends GS 18B-1114.1 and 18B-1114.5, allowing wineries and breweries to sell branded merchandise at special events with the appropriate permit. Amends GS 18B-1307, allowing a supplier to match and reassign to a designee the right to purchase the ownership interest of a wholesaler's business, subject to the designee purchasing the ownership interest at the price and on the conditions applicable to the purchase proposed by the transferee, if the total annual gross sales of the supplier's malt beverages sold by the selling wholesaler total no more than 5% of the selling wholesaler's total annual gross sales of wine and malt beverages in dollars.
Deletes amendment to GS 18B-1304, which made it unlawful for a supplier or its agent to induce or coerce or so attempt a wholesaler to accept delivery of any item or service which has not been specifically ordered.
Adds severability clause.
Senate committee substitute makes the following changes to 3rd edition. Amends GS 90-210.25, deleting requirement that a funeral service licensee make available their certificate of professional liability insurance during any inspection by the Board when practicing without being an agent of a licensed funeral establishment. Also removes requirement to practice to annually provide to the Board the name and address of the funeral establishment where embalming is performed. Reduces amount of professional liability insurance limit (insurance) required for permit for transportation of a dead human body to $500,000.
Amends GS 90-120.27A, deleting requirement for a funeral establishment to maintain insurance of $1 million. Allows human remains to be stored in an embalming facility. Deletes amendments to GS 90-210.61(a), concerning preneed funeral funds. Amends GS 90-210.63(a), deleting added subsection (4), which required the original contracting preneed licensee to immediately pay all funds received to the successor funeral establishment designated. Amends GS 90-210.67, removing provision allowing for sale of preneed funeral contracts or insurance policies to any preneed establishment owned by the same corportation or at two or more preneed establishments owned by different entities. Amends GS 90-210.68, removing requirement for each preneed licensee to report annually to the Board on its preneed funeral contract performance. Amends GS 90-210.123, removing requirement that the owner or manager of a cremation facility be a licensed funeral director or funeral service licensee.
Senate amendment makes the following changes to 4th edition. Deletes amendments to GS 90-210.63(a), which deleted provision for the original contracting preneed licensee to pay all funds to the successor funeral establishment. Amends GS 90-210.123, deleting amendment to subsection (d), which required every application for licensure to specify the manager's funeral directing or funeral service license number.
Conference report makes the following changes to the 4th edition and revises the bill title to remove the phrase REMOVE THE REQUIREMENT THAT REQUESTS FOR EVALUATIONS MUST BE SUBMITTED BY A MEMBER OF THE GENERAL ASSEMBLY.
Revises amendments to GS 120-36.13(b) to reinstate requirement that a request to the Program Evaluation Division for evaluation of a state agency program or activity must be submitted by a member of the General Assembly.
| Intro. by S. Martin, Horn, Conrad, Brody. | GS 120 |
Conference report makes the following changes to the 8th edition.
Updates the lead in language to the changes to GS 7A-41.
Amends GS 7A-41 as follows. Keeps superior court district 3B in the second judicial division. Consolidates districts 4A and 4B into 4, now consisting of Duplin, Jones, and Onslow counties with 2 judges. Keeps districts 8A and 8B in the second division. Moves district 9 from the third division to the first. Reduces the number of judges in district 10B from two to one. Creates new districts 10E and 10F, each consisting of parts of Wake County, with one judge each. Moves districts 12A, 12B, and 12C into the third division. Moves districts 14A and 14B into the first division. Moves district 16A into the third district and removes Hoke County, which is not added to district 19D, which also has an additional judge. Moves districts 17A, 17B, 18A, 18B, 18C, 18D, and 18E into the fourth division. Removes Montgomery from district 19B and places it in district 20A, which receives an additional judge and is moved into the third division. Moves district 20B into the third division. Moves districts 26A, 26B, and 26C into the fifth division. Adds that the qualified voters of District 4 must elect all judges established for that district, but only residents of Onslow County may be candidates for one of the judgeships and only residents of Duplin, Jones, or Sampson may be candidates for the remaining judgeships. Requires the additional judge in District 19D to take office in January 1, 2019, and the additional judge in 20A to take office on January 1, 2021. Changes the effective date of the changes made to GS 7A-41 from July 1, 2018, to January 1, 2019.
Amends GS 7A-133 by making the following changes to district court districts. Moves Hoke County from district 16A to district 19D and Moore County from district 19B to 19D, which now consists of four judges. Moves Montgomery County from district 19B to 20A and makes a conforming increase in the number of judges to two.
Requires the qualified voters of District 16A to elect all judges established for District 16A, but only residents of Anson County may be candidates for one of the judgeships, only residents of Scotland County may be candidates for one of the judgeships, and only residents of Richmond County may be candidates for the remaining judgeships.
Requires that: (1) In 2020, and every four years thereafter, the district court judgeship requiring a resident of Anson County and a district court judgeship requiring a resident of Richmond County must be elected; (2) in 2022, and every four years thereafter, the district court judgeship requiring a resident of Scotland County must be elected, and a district court judgeship requiring a resident of Richmond County must be elected.
Requires the qualified voters of District 20A to elect all judges established for District 20A, but only residents of Montgomery County may be candidates for one of the judgeships, and only residents of Montgomery or Stanly County may be candidates for the remaining judgeships. Requires the qualified voters of District 25 to elect all judges established for District 25, but only residents of Catawba County may be candidates for five of the judgeships, and only residents in Burke or Caldwell County may be candidates for the remaining judgeships. Sets out additional requirements for transitioning District 25 from at-large to residency requirements.
Requires the additional judge in District Court District 20A to take office on January 1, 2019. In implementing GS 7A-133(b6), the State Board of Elections and Ethics Enforcement must ensure that only residents of Montgomery County are candidates for the additional judgeship in the 2018 election, and every four years thereafter.
Makes GS 7A-133(b5) and GS 7A-133(b6), as enacted, effective January 1, 2021, with elections in 2020 to be held accordingly. GS 7A-133, as enacted, becomes effective January 1, 2019.
Amends GS 7A-60 by moving Franklin, Granville, Person, Vance, and Warren counties into prosecutorial district 11 and increases the number of full time assistant district attorneys by one. Moves Wake County into prosecutorial district 10. Moves Scotland County into prosecutorial district 21 and makes a conforming increase in the number of district attorneys. Reduces the number of assistant district attorneys in district 22 by one. Moves Hoke County into prosecutorial district 29 (was, 28) and makes a conforming increase in the number of assistant district attorneys. Moves Montgomery County into prosecutorial district 28 (was, 29) and increases the number of assistant district attorneys by one. Moves Catawba County into new prosecutorial district 44, consisting of 10 assistant district attorneys, and makes a conforming change to the number in district 36. Sets out provisions implementing these change, including transferring cases.
Adds that other than the filing period, the election for the office of judge for Superior Court District 19D and District Court District 20A must be held in accordance with Section 4 of SL 2017-214, as amended. Candidates seeking the office of judge for Superior Court District 19D or District Court District 20A must file their notice of candidacy with the State Board of Elections and Ethics Enforcement no earlier than noon on July 9, 2018, and no later than noon on July 13, 2018.
Amends SL 2018-5, Subsection 18B.6, by correcting a statutory reference.
Requires the Director of the Budget to increase the Administrative Office of the Courts' budget in an amount to cover the costs of the newly created judgeships.
Provides that if Senate Bill 757 becomes law, the assignment of judicial divisions in GS 7A-41(a), as enacted in that act, is repealed.
Senate committee substitute amends the 2nd edition by changing the effective date from when the act becomes law to December 1, 2018, and making the act apply to petitions filed on or after that date.
| Intro. by Stevens, Clampitt. | GS 15A |
Senate amendment to the 3rd edition amends GS 15A-173.2, reducing number of Class H or I felonies one may have to petition for a Certificate of Relief to no more than three (was, five).
| Intro. by Stevens, Clampitt. | GS 15A |
Senate amendment makes the following changes to 2nd edition. Amends GS 47-18.3 to expand agents who have authority to validate instruments to include other fiduciaries duly authorized by the business entity's statutes or governing documents.
Amends SL 2017-57, Section 5.3(e), setting out that for fiscal year 2018-19, for the purposes of this section, a county is considered to be designated as a development tier one area if it was so designated by the Department of Commerce in 2017 or 2018 and the county filed a grant application under this section in 2017. Effective July 1, 2018.
Conforms title to changes.
| Intro. by Jordan, Zachary. | UNCODIFIED, GS 47 |
Senate amendment makes the following change to 3rd edition. Amends GS 14-258.4, requiring sentences imposed under this Article (Prison Breach and Prisoners) to run consecutively and to commence at the expiration of any sentence being served by the person sentenced under this section.
| Intro. by Davis, Boles. | GS 14 |
House committee amendment makes the following changes to the 1st edition. Deletes the appropriation to the Wildlife Resources Commission for the development of the Fallen Wildlife Officers Memorial Lifetime Sportsman License.
| Intro. by Dixon, J. Bell, Lewis, Adams. | GS 113 |
House committee substitute makes the following changes to the 1st edition.
Amends GS 14-50.41 to shorten title of the article to "North Carolina Criminal Gang Nuisance Abatement Act."
Removes repeal of Section 4 of SL 1989-168, which modified the statutory reference regarding hazardous waste.
Makes technical and clarifying changes to GS 20-79.3A(c) and (d), concerning annual reports on special registration plates.
Makes technical and clarifying changes to GS 90-414.5(b), concerning analysis and reporting of Health Information Exchange (HIE) Network data.
Makes technical and clarifying changes to GS 120-30.49(a), concerning annual reports on the fiscal effects of federal mandates and conditional federal funds.
Makes technical and clarifying changes to GS 120-32.01, requiring State agencies to provide information to the Legislative offices and Divisions when requested.
Makes technical and clarifying changes to GS 120-36.6, concerning Council of State meetings and representatives from various Legislative offices.
Makes technical and clarifying changes to GS 120-233(a), concerning staffing of the Joint Legislative Oversight Committee on Information Technology.
Makes technical and clarifying changes to GS 24-10(c) and (g), concerning construction loans.
Makes technical change to GS 53-141, concerning the duration of corporate names for industrial banks.
Makes technical and clarifying changes to GS 53-208.45, GS 53-208.56, and GS 52-208.62, concerning the money transmission license application process for banks.
Removes provision repealing GS Chapter 136, Article 18A, which is the North Carolina and South Carolina Rail Compact Act.
Removes erroneous technical change to GS 150B-1(d), concerning exemptions from rule-making.
Corrects spelling errors in GS 89F-20(a), GS 89G-5, and GS 106-1041. Corrects typographical errors in 12 statutes where "the" is repeated twice.
Amends GS 115D-11.6, by specifying the legislative committees to which the Apprenticeship Council makes its annual reports.
Makes technical and clarifying changes to GS 143B-434.01, concerning the development of the Comprehensive Strategic Economic Plan. Also removes some of the entities who were to receive the plan.
Makes technical change and adds gender-neutral language to GS 106-702(b) and (c), concerning legal actions against agricultural or forestry operations.
Makes technical change to GS 113A-134.12, regarding beach access for individuals with a disability.
Amends GS 115C-296.2(b), defining a public school, by removing reference to schools operated by the Division of Adult Correction and Juvenile Justice.
Recodifies GS 130A-26A as GS 130A-26.4, and amends this statute with clarifying changes, concerning the definition of a Class 1 misdemeanor and Class I felony.
Makes technical and clarifying changes to GS 143-157.1(a) and (b), concerning reports on gender-proportionate appointments to statutorily created regulatory bodies.
Makes technical and clarifying changes to GS 143-723, concerning the Open Meetings Law.
Makes technical and clarifying changes to SL 2017-137, Section 2, Subsections (a) and (c), to reference the correct subsections of the Act concerning the Pilot Program to Reduce Inventory of Department of Transportation Residue Property.
Makes technical corrections to SL 2017-174, Section 2, concerning hospital construction licenses.
Removes changes to GS 32C-1-110, concerning when power of attorney is effective.
Makes technical and clarifying changes to GS 32C-2-201, GS 32C-2-202, GS 32C-2-203, and GS 32C-3-303, concerning power of attorney, to remove all references to GS 32C-2-220, a non-existent statute.
Makes technical and clarifying changes to GS 47-43, providing the form of a certificate of acknowledgement of instrument executed by agent, and changes all references to attorney in fact to agent.
| Intro. by Davis. | GS 14, GS 20, GS 24, GS 32C, GS 39, GS 44A, GS 47, GS 48, GS 59, GS 89F, GS 89G, GS 90, GS 96, GS 106, GS 113A, GS 115C, GS 115D, GS 130A, GS 136, GS 143, GS 143B, GS 150B |
House committee substitute makes the following changes to 1st edition. Conforms title to changes. Changes short title to "Candidacy Challenge/Expunged Felony/Sheriff."
Amends GS 162-2, making ineligible for the office of sheriff any person who has been convicted of a felony in the United States, even if the felony has been expunged. Makes gender-neutral and clarifying changes. Requires anyone seeking to become a sheriff to disclose all felony convictions regardless of expungement. Does not apply to pardons of innocence or judicial determinations of innocence. Amends GS 163A-972 to conform with disclosure requirements. Amends GS 15A-151, allowing the Administrative Office of the Courts to disclose expungements in conformity with the above. Allows this disclosure to be public. Amends GS 15A-153(e), requiring a person seeking to become a sheriff to disclose expunged records.
Amends GS 163A-1389, adding requirement of intent to commit fraud to elements of Class I felony of voting when convicted of a crime that prohibits voting. Effective December 1, 2018, and applies to all offenses committed after that date.
Requests the Joint Legislative Elections Oversight Committee to study the regulation of digital communication in electioneering communications and advertising disclosures. Report is due to legislature by January 1, 2019.
The Daily Bulletin: 2018-06-15
House committee substitute makes the following changes to the 3rd edition.
Deletes Part II of the act, which amended GS 14-234 to allow a local board of education to contract with the superintendent's spouse.
Amends Section 5.3(e) of SL 2017-57, as amended, by adding that for fiscal year 2018-19, for the purposes of Section 5.3 concerning grants from the Needs-Based Public School Capital Fund, a county is considered as a development tier one area if (1) it was so designated by the Department of Commerce in 2017 or 2018 and (2) the county filed a grant application under Section 5.3 in 2017. Effective July 1, 2018.
Requires that of the funds appropriated to the Department of Public Instruction (DPI) for 2018-19, $740,000 in nonrecurring funds be provided to the Triangle Literacy Council (Council) for juvenile literacy centers serving court-involved or at-risk youth. Requires the Council, in consultation with DPI, to report by September 1 of each year following the fiscal year in which the Council spends State funds made available under this section, to the Joint Legislative Education Oversight Committee and the Fiscal Research Division. Effective July 1, 2018.
Makes conforming changes to the act's titles.
House amendment to the 4th edition makes the following changes.
Corrects the spelled out amount of the funds to be transferred to the Triangle Literacy Council.
| Intro. by J. Davis, Tillman. |
House amendment makes the following change to 4th edition. Deletes amendment to GS 18B-108, which allowed for the sale of alcoholic beverages on passenger-only ferries, and allowed for the delivery of alcoholic beverages to the Department of Transportation to be sold on ferries.
| Intro. by Sanderson. | GS 18B |
House committee substitute deletes all provisions of 4th edition and replaces it with AN ACT TO MAKE CHANGES TO THE TRANSPORTATION LAWS OF THE STATE. Changes short title to "DOT/DMV Legislative Requests."
Amends GS 136-19.6 to allow the Department of Transportation (DOT) to prepare a Right-of-Way Claim Report instead of an appraisal of the value of the land when the DOT estimates that the land to be acquired has a value of $40,000 or less. The owner of the land to be acquired may request that the DOT provide an appraisal for any right-of-way claim of $10,000 or more. The DOT may contract with a qualified third party to prepare a Right-of-Way Claim Report so long as the third party has a sufficient understanding of the real estate market. Makes additional clarifying changes.
Amends GS 93E-1-3 to include a person who prepares a Right-of-Way Claim Report pursuant to GS 136-19.6 in those who are not required to have a registration, license, or certificate. Makes other clarifying changes.
Amends GS 136-18.05 (establishing a DOT report program) to require the DOT to post its monthly report on the Department’s performance dashboard website (currently report is provided to four separate committees). DOT must institute annual tracking to monitor pricing variances of transportation goods used in highway maintenance and construction projects (currently DOT must institute quarterly tracking).
Repeals GS 136-12.1 (providing for a biennial report on off-premise sign regulatory program).
Amends GS 136-12.3 to require the DOT to provide a report on outsourcing and project delivery annually (currently report is required bi-annually). Reports are required by March 1 of each year.
Repeals GS 136-44.4 (providing for an annual construction program and related reporting).
Amends GS 136-12(a) to require that the annual highway and maintenance report be made to the Joint Legislative Transportation Oversight Committee March 1 of each year. The report must detail how the previous fiscal year’s funds for maintenance and construction of highways were allocated and expended. The report must include expenditures of state and federal funds and must be in sufficient detail that the county can be identified (previously required report prior to each regular session of the General Assembly).
Amends GS 18B-108 to allow for the sale of alcoholic beverages on passenger-only ferries. Malt beverages, unfortified wine, and fortified wine may be sold and delivered by any licensed retailer to an agent of the DOT for sale on passenger-only ferries (previously allowed for sale of alcoholic beverages on trains only).
Amends GS 20-302 to require the Commissioner to make dealer manuals containing rules and regulations available on the DOT website 30 days prior to the effective date of such rules and regulations (previously required the Commissioner to mail a copy of the dealer manual to each motor vehicle dealer licensee).
Amends GS 20-37.13 to add new subsection (c3) allowing the Division of Motor Vehicles (DMV) to waive the knowledge and skills test for qualified military applicants when the applicant has a military license to operate a vehicle of representative class and endorsements. The applicant must provide evidence that: (1) the applicant is a current or former member of an active or reserve component of the Armed Forces and holds a military vehicle license eligible for waiver as allowed by the Federal Motor Carrier Safety Administration, (2) the applicant is or was regularly employed in a military position requiring operation of a vehicle representative of the license being sought, and (3) the applicant meets the qualifications listed in subdivision (2) of subsection (c1) of this section (requiring that the applicant has not, in the two years preceding the date of the application, had their license suspended or had any criminal convictions for motor vehicle offenses). Effective October 1, 2018.
Amends GS 20-7(e) to allow for release of a certificate signed by a medical authority regarding a driver’s ability to drive despite a disability or disease subject to GS 20-9(g)(4)h (making records and evidence collected by the DMV confidential and available to the public only upon court order).
Amends GS 20-9(g)(4)h to allow the DMV to release otherwise confidential records and evidence pertaining to drivers to any other state or federal government agency for the purposes of determining an individual’s ability to safely operate a commercial vehicle.
Amends GS 20-27.13A(a) to make conforming changes.
Enacts a new subsubsection to GS 20-79.4(b), creating an "Order of the Eastern Star Prince Hall Affiliated" registration plate. Establishes a special plate fee of $20 and requires $10 of that amount be transferred quarterly to The Most Worshipful Prince Hall Grand Lodge of Free and Accepted Masons of North Carolina and Jurisdiction, Inc. Authorizes the Revisor of Statutes to reorganize the special registration plates listed in GS 20-79.4(b). Requires that if House Bill 223, 2017 Regular Session, becomes law, then Section 3.5 of that act is repealed. Effective February 1, 2019.
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 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 20-79.7, increasing the special registration plate fee for the Wildlife Resources plate from $20 to $30, and requiring that $20 instead of $10 of that amount be transferred quarterly to the Wildlife Conservation Account as specified in GS 20-81.12(b3).
Further amends GS 20-79.7, setting the special registration plate fee for the International Association of Fire Fighters special registration at $20, and requiring that $10 of that amount be transferred quarterly to the Professional Firefighters of North Carolina Charitable Fund in accordance with GS 20-81.12. Makes conforming changes.
Amends GS 20-81.12 to exempt the Order of the Long Leaf Pine license plate from the required minimum number of plate applications.
Modifies GS 20-37.16, which exempts from the commercial drivers license (CDL) requirements certain classes of vehicles. Provides an exemption from the CDL requirements for any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or property or to execute governmental functions (previously, to execute emergency governmental functions). Specifies that governmental functions include, but are not limited to, necessary maintenance, training, or required operation for official business of the department.
Repeals GS 20-190.2, which required the Department of Transportation to erect signs on highways entering the state that indicate highways are patrolled by unmarked police vehicles.
Amends GS 20-58.4(e1), allowing an affidavit by the owner that the security interest has been satisfied, by defining owner, for purposes of (e1), as the owner of the manufactured home and the owner of real property on which the manufactured home is affixed or a title insurance company as insurer of an insured owner of real property.
Amends GS 20-58.3A by providing that the Division of Motor Vehicles is not subject to a claim under Article 31 of GS Chapter 143 related to the failure to acknowledge or give effect to an expired perfection of a security interest on a certificate of title for a manufactured home if the claim is based on reliance by the Division on any application for renewal submitted to the Division by a third party or based on the automatic expiration of a perfection of a security interest. Effective October 1, 2018.
Amends GS 153A-357(e) and GS 160A-417(d), deleting requirement for a certificate of title when determining whether to exclude the purchase price of a manufactured home in determining whether the cost of the work is $30,000 or more for purposes of improvement permit issuance.
Amends GS 20-118 by adding that a vehicle or vehicle combination that hauls unhardened ready-mixed concrete may be weighed with weigh in motion scales, but the vehicle or combination must be weighed static.
Amends GS 20-63 by amending the required appearance of the National/State mottos license plate to allow the Division to select an image that represents the American flag (instead of requiring that the American flag be contained in the background) and removes specification on the size and color of the mottos.
This act effective July 1, 2018, except as otherwise provided.
House committee substitute makes the following changes to the 2nd edition.
Changes the effective date of the changes to GS 105-153.5 to January 1, 2018.
Adds the following.
Part II.
Enacts new GS Chapter 143, Article 12I (Special Separation Allowances for State and Local Firefighters and Rescue Squad Workers).
Applies to firefighters and rescue squad workers employed by State departments, agencies, or institutions.
Provides firefighters or rescue squad workers who meet specified criteria with an annual separation allowance equal to .85% of the annual equivalent of the base rate of compensation most recently applicable to the firefighter for each year of creditable service, to be paid in equal installments on the payroll frequency used by the employer, beginning in the month in which the individual retires under basic service retirement. To qualify, the individual must have either completed 30 or more years of creditable service or attained 60 years of age with 25 or more years of creditable service; must have not attained 62 years of age; and must have completed at least five years of continuous service rendered on or after July 1, 2017, as a firefighter or rescue squad worker immediately preceding a service retirement. Payment ceases upon death; the last day of the month in which the individual attains 62 years of age; or the first day of reemployment by any State department, agency or institution, or local government employer in any capacity, with certain exceptions required by other statutes. Does not affect other State, local, federal, or private retirement benefits. Directs the head of each state department, agency, or institution, or the governing body of a local employer, to determine the eligibility of employees for the benefits of this statute. Authorizes the Director of the Budget to authorize the transfer of funds within the budgets of each State department, agency, or institution to carry out the statute. Directs the head of each State department, agency, or institution, or governing body of a local employer, to make the payments described above. Sets out provisions for a special separation allowance for firefighters and rescue squad workers who participate in the Local Governmental Employees' Retirement System.
New Article 12I is effective when it becomes law and applies to firefighters and rescue squad workers retiring on or after July 1, 2022, with at least five years of continuous service rendered on or after July 1, 2017.
Part III.
Amends GS 105-277.1C, concerning the disabled veteran property tax homestead exclusion, to change the classification of excluded property from the first $45,000 of the appraised value of the residence to the first $100,000. Defines hold harmless amount as the assessed value over $45,000 of a property excluded, multiplied by the applicable local tax rate. Adds and defines the term total hold harmless amount. Adds provision concerning reimbursement and requires the Secretary of Revenue to distribute to each county, by December 31 of each yer, its respective total hold harmless amount.
Enacts GS 105-277.1E to provide for a property tax homestead exclusion for the surviving spouse of an emergency personnel officer who was killed in the line of duty, who is a North Carolina resident and has not remarried. Provides classification language that tracks the language of the disabled veteran property tax homestead exclusion in GS 105-277.1C(a), to exclude the entire appraised value of the residence from taxation. Defines emergency personnel officer to mean firefighting, search and rescue, or emergency medical services personnel or any employee of any duly accredited State or local government agency possessing authority to enforce the criminal laws of the State who (1) is actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State and (2) possesses the power of arrest by virtue of an oath administered under the authority of the State.
Establishes that an owner does not lose the benefit of exclusion because of a temporary absence from the permanent residence for reasons of health or while confined to a rest home or nursing home, as long as the residence is unoccupied, or occupied by a dependent of the owner, other than a spouse. Establishes provisions concerning situations where there are multiple owners who are not husband and wife that track the exact language in the existing disabled veteran property tax homestead exclusion in GS 105-277.1C(e).
Provides that an application for the exclusion allowed under new GS 105-277.1E should be filed during the regular listing period, but can be filed and is required to be accepted at any time until June 1 preceding the tax year for which the exclusion is claimed. Allows persons to apply for the property tax relief by entering the appropriate information on a form made available by the assessor under GS 105-282.1.
Makes conforming changes to GS 105-282.1 to include the exclusions for the special classes of property established in GS 105-277.1C and GS 105-277.1E from taxation after submitting a single application for the benefit, as specified.
Effective for taxes imposed for taxable years beginning on or after July 1, 2019.
Part IV.
Amends GS 105-164.3 by amending the definition of property management contract to include contracts to manage residential and vacation properties.
Amends GS 105-164.13 to exempt from the retail sales and use tax property management contracts, with listed exclusions.
Amends SL 2018-5, Section 38.5, by making subsection x and y, which also amend GS 105-164.3 and GS 105-164.13, effective January 1, 2017, instead of January 1, 2020.
Effective when the act becomes law.
Part V.
Amends GS 105-278.2 to exempt from tax real property set apart for burial purposes owned and held for purposes of sale or rental or sale of burial rights. Sets out conditions under which the property no longer qualifies for the exemption. Defines burial to mean entombment and real property to include the following on the burial property: land, tombs, vaults, monuments, or mausoleums, or buildings, structures, improvements, or permanent fixtures. Makes conforming changes to GS 105-282.1(a).
Effective for taxes imposed for taxable years beginning on or after July 1, 2019.
Part VI.
Amends GS 115C-218.45(f), removing requirement for the sibling of a student to have been enrolled in the charter school for the previous year in order for that student to have enrollment priority.
Part VII.
Amends GS 105-164.13 to exempt from sales tax sales of a crane or an attachment or repair part for a crane that meets the specified requirements. Effective July 1, 2018, and applies to purchases made on or after that date.
Part VIII.
Amends GS 95-25.2, defining marketplace contractor and marketplace platform. Amends GS 95-25.14, exempting from the provisions of minimum wage, overtime, youth employment, and record keeping any marketplace contractor where an employer-employee relationship is deemed not to exist pursuant to GS 95-25.24B(a). Enacts new section GS 95-25.24B, setting out that a marketplace contractor is not deemed to be an employee of a marketplace platform if it enters into a written contract with the marketplace platform which makes it an independent contractor, along with seven other provisions. Does not apply to a marketplace contractor at a physical business location or when services provided are transporting containers. Amends GS 97-13 to exempt marketplace contractors without an employer-employee relationship from the provisions of the Worker's Compensation Act. Effective July 1, 2018.
Makes conforming changes to the act's titles.
House committee substitute deletes all provisions of 3rd edition and replaces it with AN ACT TO PROVIDE RESTORATIVE JUSTICE TO VICTIMS OF HUMAN TRAFFICKING. Changes short title to "Human Trafficking Restorative Justice." Amends GS 14-43.10, adding definition of victim as a person subjected to the practices set forth in GS 14-43.11 through 14.43.13 (moved here from GS 14-13.20). Enacts GS 14-43.15, setting forth an affirmative defense to a prosecution under this Article (Human Trafficking) that the person charged was a victim at the time of the offense and was coerced or deceived into committing the offense as a result. Enacts GS 14-43.16, creating confidentiality requirement for victims and their families. Allows exception for law enforcement investigation and criminal prosecution, medical care, housing, or family services, and by federal law or court order. Violation of this provision is a Class 3 misdemeanor.
Amends GS 14-43.20 with conforming change. Allows judge to order restitution for victim to include medical care, psychological treatment, temporary housing, transportation, funeral services, and other related expenses. In the case the victim cannot be located to provide restitution, provides for clerk of court to hold the funds for two years. If it has not been claimed, funds go to the Crime Victims Compensation Fund.
Amends GS 7B-101 including in definition of abused juvenile victims of sexual trafficking.
Amends GS 8C-412(d), prohibiting admittance into evidence of a record of a charge of sexual servitude unless the court finds it to be relevant.
Above provisions are effective December 1, 2018.
Amends GS 114-709(b), increasing members of the Human Trafficking Commission (Commission) to 15. Allows for ex officio service by the Director of the Administrative Office of the Courts, and the presidents of the North Carolina Conference of Superior Court Judges and North Carolina Association of District Court Judges.
Directs the Commission to study human trafficking offenses and report to the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2019.
Contains severability clause.
House amendment #1 makes the following changes to the 3rd edition of the bill:
Reinstates provisions in GS 20-179(g) that authorize a judge to reduce the minimum term of imprisonment to not less than 10 days if the defendant is required, as a condition of special probation, to abstain from alcohol consumption and submit to monitoring for a period of at least 120 days, and makes additional technical and conforming changes. Deletes proposed GS 20-179.5. Changes the effective date of the act from December 1, 2017, to December 1, 2018
| Intro. by J. Jackson, Newton, Britt. | GS 20 |
House committee substitute deletes all provisions of the 1st edition and replaces it with AN ACT TO ENACT THE LEASE-PURCHASE AGREEMENT ACT AND TO AMEND THE LAW ON ENROLLMENT PRIORITY FOR CHARTER SCHOOLS. Changes short title to NC Lease-Purchase Act/Charter Sch. Priority.
Adds new GS Chapter 25D, the North Carolina Lease-Purchase Agreement Act. Sets out definitions and exceptions. Defines a lease-purchase agreement as an agreement for the use of personal property by a consumer for an initial period of four months or less that contains automatic periodic renewals with each payment after the initial period, no provision obligating the consumer to continue use of the property beyond the initial period, and a provision permitting the consumer to become the owner of the property. Requires the lessor to make 12 disclosures including the attributes of the payments, a clear statement of the terms of the agreement, and a statement that the consumer may terminate the agreement without penalty. Prohibits lease purchase agreements from containing a confession of judgment, a negotiable instrument, a security interest, a wage assignment, a waiver of claims or defenses by the consumer, or an authorization to enter the consumer's premises for repossession purposes. Provides for reinstatement of the agreement. Allows parties to renegotiate and extend existing agreements. Provides for advertisement of agreements. Provides that the Consumer Credit Protection Act will control when in conflict with this Chapter.
Effective January 1, 2019, and applies to all agreements entered on or after this date.
Amends GS 115C-218.45(f), removing requirement for the sibling of a student to have been enrolled in the charter school for the previous year in order for that student to have enrollment priority.
Conference report makes the following changes to the 3rd edition.
Amends GS 90-2 to make the appointment of a member of The Old North State Medical Society to the North Carolina Medical board subject to recommendation of the Review Panel.
House committee substitute rewrites the 2nd edition entirely and changes the bill title to read AN ACT TO REQUIRE COMMERCE TO ASSIGN DISTRESS FACTORS TO COUNTIES.
Establishes new GS 143B-437.08A requiring the Secretary of Commerce [Secretary] to assign each county a government distress factor for purposes of determining county distress tax capacity rankings. The distress factor shall be calculated on the following basis: 70% of the factor based on the county’s rank among counties by assessed property tax value per capita as published by the Department of Public Instruction for the most recent tax year, and 30% of the factor based on the county’s rank among counties by sales tax distributions where the rank directly correlates to the sales tax distribution per capita for the most recent fiscal year for which data is available. Per capita statistics do not include persons incarcerated in state or federal prisons located within the county. The Secretary shall assign each county a distress factor by November 30th of each year and rank all counties from highest to lowest. By November 30th of each year, the Secretary must report the rankings along with a map of the state designating each county’s ranking to the Fiscal Research Division and the following legislative committees: Joint Legislative Economic Development and Global Engagement Oversight, Senate and House Appropriations, Senate and House Appropriations Subcommittees on Natural and Economic Resources, and the Fiscal Research Division.
Establishes new GS 143B-437.08B requiring the Secretary to assign each county a resident distress factor for purposes of determining county resident distress rankings. The distress factor shall be the sum of the county’s rankings in the following four categories: average annual earnings for the most recent 12 months, median household income for the most recent 12 months, percentage growth in number of jobs for the most recent 36 months, and percentage of population aged 25 or older with some college-level educational attainment or higher for the most recent 60 months. Per capita statistics do not include persons incarcerated in state or federal prisons located within the county. The Secretary shall assign each county a distress factor by November 30th of each year and rank all counties from highest to lowest. By November 30th of each year, the Secretary must report the rankings along with a map of the state designating each county’s ranking to the Fiscal Research Division and the following legislative committees: Joint Legislative Economic Development and Global Engagement Oversight, Senate and House Appropriations, Senate and House Appropriations Subcommittees on Natural and Economic Resources, and the Fiscal Research Division.
Makes legislative findings that the General Assembly should also require the Department of Commerce to publish distress ranking systems that measure local governments’ potential ability to generate revenue by measuring tax capacity and residential economic hardships to assist economic development and noneconomic development programs determine resource allocations and required local contributions where ability to pay is a factor. Also finds that annual rankings developed by the Department of Commerce are used by noneconomic development programs for programmatic criteria, making it difficult to tailor development factors solely for economic development purposes without unintended consequences on unrelated programs.
Requires various state agencies and programs, by January 1, 2019, to examine continued use of Development Tier Designations established by the Department of Commerce under GS 143B-437.08 in contrast to county distress factors. Examination must include identifying alternative program-specific criteria and reporting findings and draft legislation necessary to make modifications to specific programs. Entities continuing to use Development Tier Designations in lieu of county distress rankings must provide an analysis justifying that decision. Examination and reporting requirements apply to all entities utilizing Development Tier Designations for programmatic and tax purposes, including the following programs and agencies: North Carolina Development Farmland Preservation, Trust Fund, Spay and Neuter Program, Abandoned Manufactured Home Cleanup Grants Program, State Wastewater Reserve, State Drinking Water Reserve, Public Safety Assistance Points Grant Program, Oral Health Preventive Services, Medication Assistance, Qualified Allocation Plan for Low-Income Housing Tax Credits, Strategic Prioritization Funding Plan for Regional Impact Transportation Investment Projects, Department of Agriculture and Consumer Services, Department of Environmental Quality, Department of Information Technology, Department of Health and Human Services, North Carolina Housing Finance Agency, Department of Transportation, and Department of Revenue. Reports shall be submitted by January 15, 2019, to the Fiscal Research Division, the Joint Legislative Economic Development and Global Engagement Oversight Committee, and the respective legislative oversight committees for state agencies.
Effective when the act becomes law.
| Intro. by Barringer, Newton, Lee. | GS 143B |
House committee substitute makes the following changes to the 3rd edition.
Amends GS 93B-2 by making the annual financial audit requirements applicable only to occupational licensing boards with a budget of at least $100,000.
Adds the following.
Part V.
Enacts new GS 90-270.14A requiring the NC Psychology Board (Board) to place a license on inactive status when requested by a licensee and upon payment of the inactive status fee. Prohibits practicing psychology in the state without a current active license. Allows the Board to investigate complaints and discipline an inactive licensee. Limits issuance of inactive status licenses to a person who has previously been issued a license to practice psychology in the state. Prohibits inactive status licensees from holding themselves out to the public as licensed. Sets out the requirements for reactivating licensure.
Amends GS 90-270.15 to allow the Board to take disciplinary action against an individual who has had a license or certification for the practice of psychology or other mental health profession in this state (was, limited to the practice of psychology) or in another jurisdiction suspended or revoked. Deletes the provision concerning disciplinary action for failure to retain securely and confidentially the complete case record for three years from the date of the attainment of majority age by the patient or client or for at least seven years from the date of the last provision of psychology services, whichever is longer.
Amends GS 90-270.18(b) by increasing the fees for the renewal of licenses, late renewals, licensure reinstatement, duplicate licenses, temporary licenses, and applications for a health services provider certificate. Deletes the $100 application fee for licensed psychologists and psychological associates and instead requires that the cost of application be as set by the vendor, plus an additional fee not to exceed $300. Adds a fee of no more than $100 for placing a license on inactive status and a fee not to exceed $300 for the reactivation of an inactive status license.
Amends GS 90-270.22 to extend the instances when the Board may require criminal history checks to be included upon application for reactivation of a license. Makes conforming changes.
Amends GS 90-202.10 to raise podiatrists' annual license renewal fees from $200 to $350.
Amends GS 90-389 to raise the fee-based pastoral counselors' and counseling associates' annual certificate renewal fee from $100 to $300.
The above provisions are effective October 1, 2018.
Part VI.
Amends GS 150B-3 (Special provisions on licensing). Prohibits an occupational licensing agency from summarily suspending an occupational license unless the board has first adopted rules governing the conduct of its hearings.
Amends GS 93B-5 to raise the per diem compensation for occupational licensing board members from $100 to $200, and clarifies that this provision is given notwithstanding GS 138-5 (Per Diem and Allowances of State Boards). Requires board members to receive training in antitrust law and State action immunity within six months of appointment, and at least once within every two calendar years thereafter.
Enacts new GS 93B-17. Directs occupational licensing boards to adopt rules for the receipt and resolution of complaints, for taking disciplinary or enforcement actions against licensees, and for taking enforcement actions against persons not licensed by the board. Prohibits summary suspension of licenses without adopting rules governing the conduct of hearings. Requires interpretations, clarifications, or other delineations of the scope of practice of an occupational licensing board to be adopted as a rule.
Enacts new GS 93B-18. Authorizes occupational licensing boards to investigate unlicensed activity and notify unlicensed persons and entities of the possible violations of law and administrative rules, and penalties that may be imposed by a court. Provides requirements for the contents of the notification.
Enacts new GS 93B-19, specifying the appropriate superior court for a licensing board seeking a court order for injunctive relief or to show cause for failure to comply with a subpoena.
Enacts new GS 93B-20, authorizing an occupational licensing board to appear in its own name in superior court to restrain the violation of the provisions of a statute administered by the board or a rule or order of the board. Grants jurisdiction to the superior court to grant these injunctions or restraining orders or to take other appropriate action. Prohibits boards from issuing such orders independently of the superior court unless specifically authorized by law to do so.
Enacts new GS 93B-21, stating that state policy prefers informal resolution of jurisdictional disputes between boards, but authorizing an administrative proceeding with the Office of Administrative Hearings by an affected board in the event informal procedures cannot resolve a jurisdictional dispute.
Enacts new GS 93B-22, requiring occupational licensing boards to develop and implement a complaint process that meets three requirements, including electronic complaint submission via the board's website.
Requires occupational licensing boards to implement the required complaint procedure on their websites by January 1, 2019.
Amends GS 150B-45 (Procedure for seeking review; waiver). Provides that a petition for review of non-tax final decisions under GS Chapter 150B, Article 4 (Judicial Review), may be filed in the county where the agency has its principal place of business, in addition to the other authorized venue counties. Authorizes superior courts to order a change of venue, provided that improper venue may not be grounds for dismissal of the petition.
Directs the Committee to continue to monitor and study the effects of NC State Bd. of Dental Examiners v. Fed. Trade Comm'n and other related issues.
Amends GS 143B-68 to amend the membership of the Public Librarian Certification Commission, to remove the inclusion of the chairman of the North Carolina Association of Library Trustees, and to fill that seat with an individual named by the Governor upon nomination of the North Carolina Library Association. Makes technical changes.
Except as otherwise provided, effective when the bill becomes law, and applies to licensing board actions occurring on or after that date.
Part VII.
Requires the Joint Legislative Administrative Procedure Oversight Committee to study the three specified issues related to obstacles to entering licensed trades and professions and requires an interim report to the 2019 General Assembly and a final report to the 2020 Regular Session of the 2019 General Assembly.
Part VII-A.
Amends GS 88B-6 to require the North Carolina Board of Cosmetic Art Examiners to maintain its office in Wake County (was, in Raleigh).
Makes conforming changes to the act's long title.
House amendments make the following changes to 4th edition.
Amendment #1 adds to title AND TO REQUIRE DISPLAY OF THE NATIONAL MOTTO AND STATE MOTTO IN PUBLIC SCHOOLS. Amends GS 115C-47(29a), GS 116-235(i) and GS 116-69.1, requiring the display of the national and state mottos in at least one prominent location of each school. Amends GS 115C-218.80, requiring charter schools to do the same. Applies beginning December 1, 2018.
Amendment #2 amends GS 90-625, reducing the number of members on the Board of Massage and Bodywork Therapy who must be licensed therapists to 4 and only requires one member (was, two) to be a licensed establishment operator. Makes Part IV effective July 1, 2019, instead of July 1, 2018.
Amendment #3, as amended by Amendment #5, amends GS 95-25.2, defining marketplace contractor and marketplace platform. Amends GS 95-25.14, exempting from the provisions of minimum wage, overtime, youth employment, and record keeping any marketplace contractor where an employer-employee relationship is deemed not to exist pursuant to GS 95-25.24B(a). Enacts new section GS 95-25.24B, setting out that a marketplace contractor is not deemed to be an employee of a marketplace platform if it enters into a written contract with the marketplace platform which makes it an independent contractor, along with seven other provisions. Does not apply to a marketplace contractor at a physical business location or when services provided are transporting containers. Amends GS 97-13 to exempt marketplace contractors without an employer-employee relationship from the provisions of the Worker's Compensation Act. Effective July 1, 2018.
Amendment #4, as amended by Amendment #5, amends GS Chapter 90C, renaming it the Recreational Therapy Licensure and Music Therapy Licensure Act. Amends Chapter to reflect this change by including music therapists. Provides for licensure of music therapists. Defines licensed professional music therapist, music therapy, and scope of music therapy. Conforms title of Therapy Licensure Board. Increases membership to nine, with two members being music therapists. Adds a $200 continuing education fee and a $100 training fee. Adds requirement of record maintenance fees. Allows the Board to take disciplinary action when a recreational or music therapy license is revoked or suspended. Effective January 1, 2019.
Amendment #6 repeals GS 115C-270.20(b) and instead adds new Section 115C-270.21, requiring the State Board to establish classification and levels of preparation necessary for licensure for school administrators and student services personnel. Requires issuance of a school psychologist license to individuals who meet the specified criteria.
Conforms title to changes.
House committee substitute makes the following changes to 3rd edition. Amends SL 2018-5, Section 35.21, as amended by Section 8.2(a) of Senate Bill 335, 2017 Regular Session, if it becomes law, to provide 4% increase to salary of all State employees in adult correctional facilities. Appropriates $4,813,184 for the 2018-19 fiscal year from the General Fund to the Department of Public Safety to support these increases. Directs the Division to establish minimum salaries for Correctional Officers.
Amends title regarding highway. Amends SL 2016-94, Section 35.28(a), changing which portions of Interstate 40 are named the "Senator Wendell Holmes Murphy, Sr. Freeway."
Amends title to include duties of law enforcement pertaining to involuntary commitment. Amends GS 112C-263(a) and GS 112C-283(a) if Senate Bill 630 becomes law to require law enforcement to bring a person being involuntarily committed to a facility or location identified in the plan that has an available commitment examiner, unless the respondent appears to be suffering from a medical emergency, in which case the officer must seek medical attention for the respondent. The transporter must bring the respondent to an available site for a first examination when possible. Provides direction for when a commitment examiner is not available or a plan has not been adopted. Effective October 1, 2019.
Amends SL 2018-5, Section 38.9(b), which amends GS 105-395.1 concerning due date of taxes when deadline is on a holiday or weekend, making section effective July 1, 2017, instead of July 1, 2018.
The Daily Bulletin: 2018-06-15
Conference report makes the following changes to the 2nd edition.
Removes Madison County from the scope of the act.
The Daily Bulletin: 2018-06-15
Actions on Bills: 2018-06-15
H 15: CONVEY STATE PROP. TO WRIGHTSVILLE BEACH (NEW).
H 131: MOTIONS FOR APPROPRIATE RELIEF.
H 156: EYEGLASSES EXEMPTION FROM MEDICAID CAPITATION.
H 223: SPECIAL PLATES/HANDICAPPED PLACARD RENEWAL. (NEW)
H 320: PUV CHANGES (NEW).
H 321: WILDLIFE LICENSE CHANGES (NEW).
H 357: MODERNIZE DIETETICS/NUTRITION PRACTICE ACT.
H 361: SUPPORT SHELLFISH INDUSTRY (NEW).
H 374: REGULATORY REFORM ACT OF 2018. (NEW)
H 379: RECODIFICATION WORKING GROUP. (NEW)
H 382: DOI OMNIBUS-AB (NEW).
H 388: MODERNIZE MUTUAL ASSISTANCE STATUTES.
H 403: MEDICAID AND BEHAVIORAL HEALTH MODIFICATIONS (NEW).
H 414: SWAIN COUNTY/OFFICIAL FLY FISHING MUSEUM (NEW).
H 425: STATE WOOLLY WORM FESTIVAL (NEW).
H 496: FAIR AND NONPARTISAN BALLOT PLACEMENT.
H 500: ABC OMNIBUS LEGISLATION.
H 507: LAND-USE REGULATORY CHANGES.
H 512: MONITOR IMPLEMENTATION OF TBI WAIVER.
H 529: AMEND FUNERAL LAWS.
H 569: PRETAX SUPPLEMENTAL BENEFITS.
H 573: BUSINESS/REGULATORY CHANGES. (NEW)
H 613: TRANSFER CERTAIN STATE PROPERTY. (NEW)
H 646: AMEND PED STATUTES (NEW).
H 659: FILLING VACANCIES/U.S. SENATE.
H 670: PROTECT EDUCATIONAL PROPERTY.
H 688: CERTAIN APPEALS ALLOWED/CLARIFY DISP. ORDERS (NEW).
H 717: JUDICIAL ELECTIONS CHANGES. (NEW)
H 741: DHHS STUDY/MATERNAL AND NEONATAL CARE.
H 744: TRESPASS/EASTERN BAND OF CHEROKEE INDIANS LANDS (NEW).
H 774: AMEND CERTIFICATES OF RELIEF (NEW).
H 776: ADOPTION AND JUVENILE LAW CHANGES. (NEW)
H 852: REAL PROP. TECH CORREC/SOLICITATION OF COPIES (NEW).
H 931: UNEMPLOYMENT INSURANCE TECHNICAL CHANGES.
H 945: RAPE EVIDENCE COLLECTION KIT TRACKING ACT.
H 969: ENHANCE PRISON SECURITY.
H 977: ADMIN. CHANGES RET. SYSTEM/TREASURER - 2018.-AB
H 985: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2018.-AB
H 998: IMPROVING NC RURAL HEALTH (NEW).
H 1019: FALLEN WILDLIFE OFFICERS MEMORIAL LICENSE.
H 1025: GSC TECHNICAL CORRECTIONS 2018.
H 1031: LOCAL ED. FUNDING DISPUTE PROCESS.
H 1055: RETIREMENT COMPLEXITY REDUCTION ACT OF 2018.-AB
H 1089: CANDIDACY CHALLENGE/EXPUNGED FELONY/SHERIFF (NEW).
S 15: ISD CHANGES AND CAPITAL GRANT CLARIFICATION (NEW).
S 145: DOT/DMV LEGISLATIVE REQUESTS. (NEW)
S 153: MILITARY RETIREE STATE INCOME TAX RELIEF. (NEW)
S 162: HUMAN TRAFFICKING RESTORATIVE JUSTICE (NEW).
S 299: EXPAND USE OF CAM SYSTEMS & CREATE CAM FUND. (NEW)
S 325: THE UNIFORM & EXPANDED EARLY VOTING ACT (NEW).
S 335: BUDGET TECHNICAL CORRECTIONS AND STUDY (NEW).
S 374: NC LEASE-PURCHASE ACT/CHARTER SCH. PRIORITY (NEW).
S 420: CC GOVERNANCE/AMEND MEDICAL BD. (NEW)
S 462: CHANGE NAME OF UNC GENERAL ADMINISTRATION. (NEW)
S 486: THE ELECTIONS SECURITY AND TRANSPARENCY ACT (NEW).
S 531: DEANNEX: TOWNS OF STANFIELD/BADIN/RED CROSS (NEW).
S 561: VIOLATE TAX LAW/VENUE/PROPERTY TAX. (NEW)
S 563: BUSINESS COURT CHANGES.
S 711: NC FARM ACT OF 2018.
S 735: VARIOUS OLB AND ADMINISTRATIVE LAW CHANGES. (NEW)
S 750: HEALTH-LOCAL COFINEMENT/VET. CONTROLLED SUB (NEW).
S 757: VARIOUS COURT DISTRICTS CHANGES (NEW).
Actions on Bills: 2018-06-15
H 991: FOX TRAPPING LOCAL OMNIBUS.
S 566: WRIGHTSVILLE BEACH/WILMINGTON DEANNEX-ANNEX (NEW).
S 813: ASHEVILLE CITY COUNCIL DISTRICTS.
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