Bill Summary for S 821 (2015-2016)

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Summary date: 

Jun 30 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 821 (Public) Filed Monday, May 9, 2016
Intro. by Hartsell.

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Bill summary

Senate amendment makes the following changes to the 3rd edition.

Section 14.5

Amends GS 7A-45.1(a10), concerning the terms of special superior court judges, to provide that the term of the special superior court judge commencing on March 1, 2011, is to expire at the earlier of the date on which the office becomes vacant through the retirement, resignation, removal from office, or death, or September 30, 2016.

Section 15.5

Makes technical correction to GS 36C-8-816(31) to replace the statutory reference to GS 28A-22-110 with GS 28A-22-10.

Section 18.2

Amends GS 115C-401.2(e) (permissible operator actions under student online privacy protection act), as enacted by SL 2016-11, to add a new subsection to authorize an operator to use a student's information, including covered information, solely for identifying or displaying information on nonprofit institutions of higher education or scholarship providers to the student if the provider secures the express written consent of the parent or student who is at least 13 years of age given in response to clear and conspicuous notice.

Section 18.4

Amends GS 143B-139.6A, which provides for the Secretary of the Department of Health and Human Services's responsibilities regarding availability of early intervention, to direct the Secretary to include the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf as agencies included on any permission to refer release form provided to parents for contact regarding services under the early intervention system for eligible infants and toddlers.

Section 19.2

Amends GS 147-86.59(a), concerning certification required under the Iran Divestment Act, to require a State agency to certify that (previously, require) a person that attempts to contract with the State or political subdivision of the State is not identified on a list created by the State Treasurer pursuant to GS 147-86.58 when the bid is submitted to the contract is entered into, renewed, or assigned (previously, a person that attempts to contract with the State or a political subdivision of the State, including a contract renewal or assumption, to certify, at the time the bid is submitted or the contract is entered into, renewed, or assigned, that person or the assignee is not identified on a list created by the State Treasurer pursuant to GS 147-86.58). Adds that "attempts to contract" include contract renewal or assumption. Establishes that if a State agency and the same person enter into multiple contracts or multiple contract renewals or assumptions within 180 days after a certification is made, a new certification need not be made. Makes conforming change to subsection (c).

Section 20.5

Amends SL 2015-125, Section 10, to establish that Section 3 of the act (amending GS 20-309(a) to define motor vehicle to include mopeds) becomes effective October 1, 2016, (previously, effective July 1, 2016 in the catchall effective date of the act).

Establishes that if H 959 (DOT Proposed Legislative Changes), 2015 Regular Session, becomes law: (1) Section 13(f) of the act (which amends the definition of motor vehicle in GS 58-37-1) is repealed and (2) Section 13(j) of the act is amended to provide that Section 13 of H 959 is effective July 1, 2016 (previously, December 1, 2016, and applies to offenses committed on or after that date).

Effective July 1, 2016.

Section 22.5

Establishes that if H 630 (Drinking Water Protection/Coal Ash Cleanup Act), 2015 Regular Session, becomes law, the act is amended to add new Section 1.1. Establishes that for purposes of GS 130A-309.216, as enacted by Section 1 of H 630, the term "an impoundment owner" is to be construed to mean Duke Energy Progress, LLC, and Duke Energy Carolinas, LLC, as a single entity, and as such, GS 130A-309.216, as enacted by Section 1 of H 630, requires installation and operation of a total of three ash beneficiation projects in the State.