Bill Summary for S 119 (2015-2016)
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- Business and Commerce
- Insurance
- Occupational Licensing
- Courts/Judiciary
- Civil
- Civil Law
- Civil Procedure
- Juvenile Law
- Abuse, Neglect and Dependency
- Motor Vehicle
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Bill Information:
View NCGA Bill Details | 2015-2016 Session |
AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE ADDITIONAL TECHNICAL AND OTHER AMENDMENTS TO THE STATUTES AND SESSION LAWS.Intro. by Hartsell.
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Bill summary
House committee substitute makes the following changes to the 3rd edition.
Amends the long title.
Amends GS 1-267.1(d), concerning specified actions challenging legislative and congressional redistricting, deleting "to appeals from orders of the trial courts pertaining," to bring section into compliance with existing statutory framework.
Amends GS 7A-27, making technical corrections to internal reference language.
Amends GS 7B-323(f), concerning judicial review under the juvenile code, updating statutory references.
Amends GS 15A-150(b) to no longer require that a copy of an order granting expunction be sent to the Division of Adult Correction of the Department of Public Safety.
Amends GS 62-110.1(c), deleting an obsolete reference to the Southern Growth Policies Board, which is no longer in existence.
Amends GS 90-113.101, making clarifying changes to the definitions for the Epilepsy Alternative Treatment Act, providing that the definitions apply to GS Chapter 90, Article 5G, only. Effective July 16, 2015.
Repeals GS 113A-153, which contained obsolete provisions and duties for a now defunct Land Policy Council.
Amends GS 63A-9, 115C-513, 116-183, 116-196, 116-198.39, 142-29.6, 142-68, 142-92, 157-26, 159I-23, 160A-480.114, and 160A-516, deleting language that makes references to "inheritance and gift taxes," which no longer exist in North Carolina.
Amends GS 143-228.10, definitions concerning agency review of engineering work, making technical changes to introductory language.
Amends GS 143B-431.01(d), making a technical correction to a statutory reference.
Amends GS 143B-927, deleting duplicative reference language.
Amends GS 163-275, concerning felonious actions in connection to elections, updating language to make the provisions gender neutral and making other various technical changes.
Amends GS 163-278.13(a1), correcting a spelling error in the title "Revisor of Statutes."
Amends GS Section 3.5 of S.L. 2015-35, correcting a spelling error.
Amends SL 2015-205, concerning requirements for trustee reports in GS 36C-8-802(f), adding clarifying language that requires the specified trustee reports and information to be sent only to qualified beneficiaries that are current or permissible distributees, correcting prior confusing language that could be interpreted to require such information to be sent to the above group of qualified beneficiaries as well as future or contingent beneficiaries. Also amends Section 11(a) of SL 2015-205 to correcting an error concerning authorization for the Revisor of Statutes to print official and drafter's comments to the specified provisions.
Amends GS 1C-1853(j), concerning proceedings in foreign courts, updating and correcting statutory references.
Amends GS 6-21.6 concerning reciprocal attorneys' fees provisions in business contracts, providing that the phrase "sign by hand" in business-to-business contracts includes certain electronic signatures.
Amends GS 7A-45.1(a10) to provide that special superior court judges that are business court judges shall continue in office after their terms expire until a successor has been appointed.
Amends GS 7B-401.1(b), 7B-1103(c), and 7B-1104 concerning the juvenile code related to parental rights in abuse, neglect, and dependency cases, updating statutory references to also include GS 14-27.23, thereby including all sexual offenses that upon conviction, disqualifies the offender from participating in a case related to a child born as a result of the offense. Effective December 1, 2015, applying to petitions filed on or after that date.
Amends GS 7B-901(c), as enacted by SL 2015-136, adding language that classifies certain acts that exempt the court from the requirement that reunification efforts be made as aggravated circumstances. Effective October 1, 2015.
Amends GS 14-288.8 (Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions) to provide that the statute does not apply to persons who lawfully purchase, acquire, possess or own a weapon in compliance with federal law (was, possess or own). Deletes the provision stating that the subdivision does not limit the sheriff’s discretion in executing required paperwork. Makes the same changes to GS 14-409 (Machine guns and other like weapons).
Amends GS 14-404, concerning sidearms of retiring probation or parole officers, allowing such officers to purchase their service weapons upon retirement without being required to obtain a purchase permit. Makes conforming changes to GS 20-187.2.
Amends GS 14-415.12A(a1), to correct the name of the North Carolina Criminal Justice Education and Training Standards Commission. Effective October 1, 2015.
Amends GS 17C-10.1 concerning the certification of military service members and veterans with specified training and experience, requiring the Criminal Justice Education and Training Standards Commission to evaluate the combined training or experience or both of an applicant who was a military police officer in order to determine whether the applicant's training and experience substantially meets or exceeds minimum requirements (previously, required the review of applicant's training and experience). Also requires the Commission to document any deficiencies in training and experience for which the applicant is required to complete supplementary training. Requires supplemental training requirements to be made on a case-by-case basis based on documented deficiencies. Also directs the Commission to report to the Joint Legislative Oversight Committee on Justice and Public Safety and the House Homeland Security, Military, and Veterans Affairs Committee by April 1, 2016, on its implementation of G.S. 17C-10.1.
Amends GS 20-28(a2) and GS 20-179(c), making conforming changes related to the enactment of GS 20-28(a1), Driving While License Revoked for Impaired Driving. Also makes organizational changes to GS 20-28(a2). Effective December 1, 2015, applying to convictions on or after that date.
Amends GS 20-28.9(a) by deleting the provision that says nothing in the statute prohibits the State Surplus Property Agency from entering into contracts for some regions of the State while performing the work of towing, storing, processing, maintaining, and selling motor vehicles seized under GS 20-28.3 itself in other regions of the State. Effective July 1, 2015
Amends GS 20-62.1, concerning the purchase of vehicles for scrap or parts, to delete the provision giving law enforcement the right to inspect any records that a secondary metals operator is required to maintain. Deletes the provision making the information submitted to the Division of Motor Vehicles available to law enforcement agencies only.
Amends GS 20-38.7(c)(3), correcting a statutory reference. Effective December 1, 2015.
Amends GS 20-58.4A(i) concerning the electronic lien system, delaying the mandatory participation date for those who finance motor vehicles from January 1, 2016, to July 1, 2016.
Enacts new GS 20-116(o) concerning oversize permits from the Department of Transportation, exempting trucks supporting snow plows and motor graders, if operated in compliance with all the specified requirements, from the requirement of an oversize permit.
Amends GS 20-286(10) and GS 20-79(d) concerning loaner plates for dealer motor vehicles, making a clarifying correction concerning the use of loaner plates and the status of a new motor vehicle as new or used.
Amends GS 45-91(5) concerning mortgage licensing, correcting a statutory reference.
Enacts new GS 48-3-605(g) concerning the adoption of minors pursuant to the Indian Child Welfare Act, providing that the clerk of superior court, the district court, and the superior court are considered to be of competent jurisdiction for (1) judicial proceedings for accepting voluntary consents to adoption, (2) determining good cause to deviate from any placement preferences, or (3) handling judicial proceedings for voluntary consent to adoption pursuant to state law. Provides that the new subsection also applies to executed relinquishments.
Enacts new GS 58-36-87, affiliate transfer of auto, homeowners', dwelling, or workers' compensation policies, clarifying that delivery of a policy superseding a previously issued policy is not a refusal to renew when it is delivered by specified entities.
Amends GS 62A-41(2) concerning the membership of the 911 Board, allowing a director/manager of a fire-based PSAP to be appointed as an alternative to a fire chief with experience operating or supervising a PSAP.
Amends GS 84-24 concerning the admission to practice law in North Carolina, providing that changes made to educational requirements to practice law in North Carolina do not become effective for two years after adoption of the change by the Board of Law Examiners if such changes establish additional or greater requirements (previously, the delay was applicable to all changes in educational requirements).
Makes technical changes to GS 89C-19 and GS 89C-25(7a).
Amends GS 90-94(3) concerning synthetic cannabinoids, making conforming changes to language referring to additional sub-subdivisions. Effective December 1, 2015.
Makes a technical correction to GS 90-113.101.
Amends GS 97-2, the definition for employee, as used in the Workers' Compensation Act, to exclude volunteers and officers of certain nonprofit corporations and associations from being considered employees under the act. Sets out the categories of nonprofits that the new definition applies to, including any organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as well as the organizations it does not apply to. Makes technical changes and corrections.
Amends GS 97-87(c)(5) concerning appeals of Industrial Commission decisions and provides that requested de novo evidentiary hearings do not have to be heard before the full Commission.
Amends GS 97-92 concerning accident reports by employers, clarifying that such reports must report wages, if available.
Amends GS 97-101 and GS 97-200, correcting and updating statutory references.
Makes technical changes to GS 89C-19 and GS 89C-25(7a).
Amends GS 104E-5, GS 104E-7(a), GS 104E-15(b), GS 104E-17, and GS 104E-24, making conforming changes reflecting the previous move of the Radiation Protection Commission from the Department of Environmental Quality to the Department of Health and Human Services. Also provides that the term "Secretary" now refers to the Secretary of Health and Human Resources.
Amends GS 110-90.2(a1) to update a statutory reference so that it no longer refers to a repealed statute.
Amends GS 110-105.5(c) to correct a statutory reference so that it correctly refers to the definition of the term caregiver. Effective January 1, 2016.
Enacts new GS 115C-150.15 making it the local superintendents’ duty to report the names and addresses of parents, guardians, or custodians of any deaf or blind children residing in their local school administrative units to the directors of the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Department of Public Instruction. Effective when the section becomes law, with local superintendents required to make their first report by February 1, 2016.
Amends GS 115C-174.11(c)(4) by amending annual testing program requirements to require the State Board of Education (State Board), to the extent funds are available, to use a competitive bid process to select a nationally norm-referenced college admissions test to administer (was, to plan for and require the administration of the ACT test) to all 11th grade students unless the student has already taken a comparable test and scored at or above a set level. Makes conforming changes throughout by replacing references to the ACT to the PLAN precursor test with references to selected nationally norm-referenced college admissions test. Amends GS 115C-174.22 to require the State Board (to the extent funds are available) to plan for and require the administration of diagnostic tests in the 8thand 10th grades that align to the nationally norm-referenced college admissions test that is selected through a competitive bid process (was, that align to the ACT). Requires the State Board to solicit bids through a competitive bid process for a nationally norm-referenced college admissions test and precursor test. Requires the State Board to report on the results of the bid process to the Joint Legislative Education Oversight Committee and the Fiscal Research Division by April 15, 2016.
Amends GS 115C-174.26(h) to require the State Board to report annually to the Joint Legislative Education Oversight Committee on advanced courses beginning November 15, 2014 (was, October 15, 2014).
Provides that if House Bill 334 (Charter School & Other Education Laws Changes) becomes law, then GS 115C-218.15 is amended to require that the conflict of interest and anti-nepotism policy adopted by the board of directors of the charter schools include a requirement that specified actions be taken before any immediate family member of any member of the board of directors with supervisory authority is employed or engaged only as an employee or independent contractor (was, employed or engaged as an employee, independent contractor, or otherwise by the board of directors in any capacity). No longer places the burden of disclosing the conflict of interest on the applicable board member or employee with supervisory authority. Adds that the board of directors must require prospective employees or independent contractors to disclose relationships to an immediate family member employed by the charter school or board of directors or serving on the board of directors. Defines an independent contractor, for the purposes of the statute, as an individual who derives a direct benefit from the contract in one of the following ways: (1) has more than 10% ownership or other interest in an entity that is a party to the contract, (2) derives any income or commission directly from the contract, or (3) acquires property under the contract.
Provides that if House Bill 334 (Charter School & Other Education Laws Changes) becomes law, then GS 115C-47 is amended to modify the local boards of education requirements to adopt policies on nepotism, to require the policy be applicable to employment of any immediate family of any board of education member, superintendent, principal, or individual paid on the salary schedule for central office administrators (was, of any board of education member or central office staff administrator, with specific examples listed). Limits applicability to employment as, or being engaged as, an employee or independent contractor. No longer places the burden of disclosing the conflict of interest on the applicable board member or central office staff administrator. Adds that the local boards must require prospective employees or independent contractors to disclose relationships to an immediate family member employed by or serving on the local board of education. Defines an independent contractor, for the purposes of the statute, as an individual who derives a direct benefit from the contract in excess of $50,000 in one of the following ways: (1) has more than 10% ownership or other interest in an entity that is a party to the contract, (2) derives any income or commission directly from the contract, or (3) acquires property under the contract.
Amends GS 115C-47 to give local boards of education the power or duty to establish nonprofit corporations to further authorized purposes.
Amends the version of GS 15C-333.1(a) that is effective until June 30, 2018, to require all teachers who hold a Standard Professional II License to be observed at least once by the principal or the principal’s designee and evaluated once annually by a principal. Requires all other teachers to be observed at least three times by the principal or the principal’s designee and at least once annually by a teacher and evaluated once annually by a principal. Amends the version of GS 15C-333.1(a) that becomes effective June 30, 2018, by making a conforming change; effective June 30, 2018.
Amends GS 115D-12, concerning community college boards of trustees, to refer to service areas instead of administrative areas. Applies only to Beaufort County Community College.
Amends GS 115D-39.1(a) to correct a statutory reference.
Amends GS 116-11 to add to the powers and duties of the Board of Governors that the Board of Governors or the President may use and fix the compensation for private counsel in any matter in which UNC or one or more of the constituent institutions is involved so long as the Attorney General concurs that the University would benefit from the assistance of private counsel. Allows the President to enter into agreements with the Attorney General as necessary or appropriate to the representation of the University’s interests. Requires private counsel to be paid from the University’s existing resources and requires the President to annually report the costs of using private counsel.
Amends GS 116-209.52, which sets out definitions for Part 1, State Education Assistance Authority, to define academic year as the annual enrollment period used by the State Education Assistance Authority. Deletes the term "business or trade school." Adds and defines the term proprietary school as an educational institution that is (1) defined as a proprietary school, (2) licensed by the State Board of Community Colleges, and (3) listed by the North Carolina State Approving Agency for Veterans and Military Education as an approved proprietary school for purposes of this Part. Makes technical changes. Amends GS 116-209.54 (concerning eligibility for tuition assistance benefits) to make the statute applicable to active members of the National Guard who are enrolled or will enroll in any proprietary school (was, business or trade school), in addition to other listed institutions. Expands the benefits so that they are available to students enrolled in a program granting a graduate certificate. Makes conforming changes. Also makes conforming changes to GS 116-209.55, concerning the administration and funding of the tuition assistance program, to replace references to business or trade schools with the term "proprietary schools."
Enacts new GS 116-235.5 giving students enrolled in the North Carolina School of Science and Mathematics or in high school courses at the North Carolina School of the Arts access to and encouraging them to enroll in and complete more rigorous advanced courses, defined as Advanced Placement or International Baccalaureate Diploma Programme courses. Exempts students from paying any fees for administration of exams and registration fees for advanced courses in which the student is enrolled regardless of the score the student receives. Provides that if funds are appropriated for advanced courses, the State Board of Education must reimburse UNC for fees for advanced courses for students enrolled in the North Carolina School of Science and Mathematics or in high school courses at the North Carolina School of the Arts. Makes conforming changes to GS 116-69.
Amends GS 120-11.1 to convene the General Assembly’s organizational session that takes place prior to the start of the long sessions at noon instead of 9 a.m.
Repeals GS 120-76(10), which allowed the Joint Legislative Commission on Governmental Operations to establish a subcommittee to evaluate the need for any new licensing board by establishing criteria and procedures for reviewing proposed licensing boards and required assuring that no new licensing board is established unless the specified criteria were met. Repeals Section 1.2(a)(4) of SL 2011-291, which transferred the duties of the Legislative Committee on New Licensing Boards to the Joint Legislative Commission on Governmental Operations.
Amends GS 130A-33.31 by increasing the membership of the Commission of Anatomy from five to six members, adding a member from the Campbell University School of Osteopathic Medicine.
Amends GS 131E-21 to exempt from the conflict of interest provisions governing contracts by commissioners or employees of hospital authorities a commissioner or employee who is not involved in making or administering the contract. Defines when a commissioner or employee is or is not involved in administering or making a contract. Amends GS 136-200.2 and GS 136-211 by correcting a statutory reference.
Amends GS 136-222 to require that the Virginia-North Carolina High-Speed Rail Compact Commission have cochairs instead of one chair and sets out the requirements for choosing those co-chairs.
Amends GS 140-5.13 by setting the terms of appointment to the Board of Trustees of the North Carolina Museum of Art at four years (was, for the then-current legislative term, with no appointee of the General Assembly being appointed to more than two consecutive terms of two years). Makes other technical changes.
Amends GS 143-136 by deleting the provision that required the Residential Code Committee to consider any appeal or interpretation arising under GS 143-141 pertaining to the North Carolina State Building Code: Residential Code for One and Two Family Dwellings and make a recommendation to the Building Code Council on the appeal or interpretation. Amends GS 143-136, concerning the Building Code Committee within the Council, by deleting the requirement that the Committee consider any appeal or interpretation arising under GS 143-141 pertaining to the codes applicable to commercial or multi-family construction and make a recommendation to the Council. Effective October 1, 2015.
Amends GS 143-166.13 to add sworn state law-enforcement officers with the power of arrest, Industrial Fraud Investigators, Department of Commerce, to those that are entitled to benefits under Article 12B, Salary Continuation Plan for Certain State Law-Enforcement Officers.
Amends GS 143-548 to no longer provide that no member of the Vocational Rehabilitation Council other than the representative of the Client Assistance Program and the representative of the directors of the projects carried out under section 121 of the Rehabilitation Act of 1973 may serve more than two consecutive full terms. Makes other technical changes.
Amends GS 143B-168.12 by requiring that the North Carolina Partnership’s Board of Directors include a member who is the board’s chair, or the chair’s designee, of a local partnership serving on the North Carolina Partnership local partnership advisory committee. Makes other technical changes.
Amends GS 143B-1100, concerning the Governor’s Crime Commission, to require that specified public members appointed to the Commission serve two-year terms effective March 1 of each odd-numbered year (deletes provision concerning disqualification of certain members of the House and Senate). Makes additional clarifying and technical changes.
Provides that if House Bill 373 (Elections) becomes law, then GS 163-278.8B is amended to specify that each political caucus of the House and Senate may establish one separate affiliated party committee to support the election of candidates who would be eligible to be members of that caucus. Specifies that no other affiliated party committee is authorized under the statute. Adds that an affiliated party committee must be established only by majority vote of the total membership of the political party caucus. Sets out reports that must be made to the State Board of Elections. Amends the actions that may be taken by each affiliated party committee to now require adopting bylaws that are in compliance with the Article, conducting campaigns for candidates who would be eligible to be members of the caucus if elected or re-elected, or manage daily operations of the affiliated party committee, establish a bank account, and accept contributions and expend funds. Deletes the term leader. Provides that if H373 (Elections) becomes law, then adds a new section enacting new GS 163-278.8C, Council of State affiliated party committees. Allows members of the Council of State affiliated with the same political party to establish one separate Council of State affiliated party committee to support the election of candidates who would be eligible to be nominees of that part. States that the affiliated party committee is deemed a political party for purposes of the Article. Requires the affiliated party committee to adopt bylaws that are in compliance with the Article, conduct campaigns for candidates who are members of the party caucus or candidates who would be eligible to be members of the caucus if elected, or manage daily operations of the affiliated party committee, establish a bank account, and accept contributions and expend funds. Sets out definitions that apply to the statute. Makes conforming changes to GS 163-278.6, GS 163-278.13B, and GS 163-278.38Z. Adds a severability clause.
Amends Section 3 of SL 2014-15 to add that beginning in the 2016-17 school year, and annually thereafter, the identification of military-connected students for all local school administrative units must be completed by January 31 of each school year.
Amends Section 9 of SL 2014-49 by making a correction to the effective date provision.
Amends GS 2015-13 by adding the repeal of SL 1975-95, which prohibited the setting of steel traps on rented or leased land in New Hanover County.
Amends SL 2015-32 to correct the name of the Joint Legislative Oversight Committee on Justice and Public Safety.
Amends Section 7 of SL 2015-186 (NC Drivers License Restoration Act) to clarify that the act applies to offenses committed (was, convictions) on or after December 1, 2015.
Amends SL 2015-241 to allow the Department of Public Instruction to use certain funds appropriated to it to implement the DPI Flexibility Reduction for the 2015-2016 fiscal year.
Amends Section 12A.5(b)(1) of SL 2015-241 to require the State CIO to use transferred funds to facilitate the establishment, administration, and ongoing support (was, establishment) of the successor HIE Network. Requires the State CIO, no later than 30 days after receiving the transferred funds, to negotiate and enter into or amend a contract for services with an effective date no later than 30 days from receipt of the funds. Sets out the provisions that must be included in the contract. Adds requirements for the use of existing public-private partnerships and existing data and analytics contracts. Amends GS 90-414.3 by clarifying the definition of HIPAA. Amends GS 90-414.9 so that it refers to covered entities that participate in the HIE Network instead of covered entities that elect to participate in the HIE Network. Amends Section 12A.5 of SL 2015-241 by adding that covered entities required to submit demographic and clinical information through the successor HIE Network are not required to submit demographic and clinical information through the successor HIE Network until (1) the State CIO certifies that the HIE Network connection is operational and (2) the Authority establishes a date for covered entities to begin submitting demographic and clinical information through the operational connection to the HIE Network or by other secure electronic means. Makes conforming changes to Section 12A.5(g).
Repeals Section 12F.17 of SL 2015-241 which eliminated publication of the Access North Carolina travel guide in GS 168-2. Instead, amends the statute to delete the portions of it that require the Access North Carolina travel guide while leaving other unrelated provisions intact.
Substitutes "William Franklin Graham, II" for "William Franklin 'Billy' Graham, Jr." if House Bill 540 becomes law.
Amends Section 12H.23 of SL 2015-241 to add additional provisions concerning Graduate Medical Education costs.
Amends SL 2015-241 to require the Department of Revenue to publish guidelines for computing the sales factor based on market-based sourcing and deletes the requirement that certain corporate taxpayers begin showing the calculation of that sales factor on 2015 income tax returns.
Adds a section requiring DHHS to submit a Medicate State Plan amendment request to the Centers for Medicare and Medicaid Services to amend the annual cost settlement method for local health departments. Sets out what must be included in the amendment and requires it to be submitted by February 15, 2016, applying to cost reports with a fiscal year beginning July 1, 2016, and thereafter.
Makes Section 15.13B of SL 2015-214, concerning changes to reimbursements for prescription drugs and professional pharmaceutical services, effective October 1, 2015 (was, 2015).
Amends House Bill 117, if it becomes law, to make the JDIG changes, with specified exceptions, effective October 1, 2015 (was, July 1, 2015).
Permits students enrolled in the Halifax County Schools to participate in the residential science, mathematics, engineering, and technology (STEM) enrichment program for traditionally underserved students, effective July 1, 2015.
Allows the pilot program established by the Department of Health and Human Services, Division of Health Service Regulation, to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents with a diagnosis of mental illness and/or emotional disturbance to remain in effect. Waives certain administrative rules subject to rescission for outstanding deficiencies.
Adds a section declaring that if Senate Bill 279 becomes law, certain provisions apply except as otherwise provided by federal law or by more specific state law.
Makes clarifying changes to new GS 105-129.16A(f)(2).
Amends GS 105-330, definitions for Article 22A, Motor Vehicles, to define the term pass through entity as it is defined in GS 105-228.90. Amends the definition of the term antique automobile in GS 105-330.9, to also require that it be owned by an individual, either directly or indirectly through one or more pass-through entities (was, by an individual). Adds that an individual indirectly owns an antique automobile through a pass-through entity if the individual is an owner of a pass-through entity that owns the antique automobile. Effective for taxes imposed for taxable years beginning on or after July 1, 2016.
Amends GS 143B-135.188 (North Carolina Aquariums Fund) and GS 143B-135.209 (North Carolina Zoo Fund) to adjust the disposition of fees between operating budgets and the funds.
Amends SL 2015-241, Section 32.14A to adjust the conditions that subject certain corporate taxpayers to informational filing requirements with the Department of Revenue. The amended session law includes a new condition including taxpayers subject to apportionment of income in 2014 based in whole or in part on the sales factor as determined under GS 105-130.4(l).
Adds a severability clause.