GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 2
HOUSE BILL 1133
Committee Substitute Favorable 7/24/14
|
Short Title: Technical and Other Corrections. |
(Public) |
|
|
Sponsors: |
|
|
|
Referred to: |
|
|
May 21, 2014
A BILL TO BE ENTITLED
AN ACT to make technical corrections to the general statutes and the session laws, as recommended by the General statutes commission, and to make additional technical and other changes to the general statutes and session laws.
The General Assembly of North Carolina enacts:
Part i. Technical corrections recommended by the General statutes commission.
SECTION 1. Subsection (c) of G.S. 1A‑1, Rule 59, is rewritten to read:
"(c) Time for serving affidavits. – When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 30 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits."
SECTION 2. G.S. 15‑11.2 reads as rewritten:
"§ 15‑11.2. Disposition of unclaimed firearms not confiscated or seized as trial evidence.
(a) Definition. – For purposes of this section, the term "unclaimed firearm" means a firearm that is found or received by a law enforcement agency and that remains unclaimed by the person who may be entitled to it for a period of 30 days after the publication of the notice required by subsection (b) of this section. The term does not include a firearm that is seized and disposed of pursuant to G.S. 15‑11.1 or a firearm that is confiscated and disposed of pursuant to G.S. 14‑269.1.
(b) Published Notice of Unclaimed Firearm. – When a law enforcement agency finds or receives a firearm and the firearm remains unclaimed for a period of 180 days, the agency shall publish at least one notice in a newspaper published in the county in which the agency is located. The notice shall include all of the following:
(1) A statement that the firearm is unclaimed and is in the custody of the law enforcement agency.
(2) A statement that the firearm may be sold or otherwise disposed of unless the firearm is claimed within 30 days of the date of the publication of the notice.
(3) A brief description of the firearm and any other information that the chief or head of the law enforcement agency may consider necessary or advisable to reasonably inform the public about the firearm.
(c) Repealed by Session Laws 2013‑158, s. 2, effective September 1, 2013, and applicable to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date.
(d) Disposition of Unclaimed Firearm. – If the firearm remains unclaimed for a period of 30 days after the publication of the notice, then the head or chief of the law enforcement agency shall order the disposition of the firearm in one of the following ways:
(1) By having the firearm destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification and will not be disposed of pursuant to subdivision (3) of this subsection. The head or chief of the law enforcement agency shall maintain a record of the destruction of the firearm.
(2) By sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws or by sale of the firearm at a public auction to persons licensed as firearms collectors, dealers, importers, or manufacturers. The head or chief of the law enforcement agency shall dispose of the firearm pursuant to this subdivision only if the firearm has a legible, unique identification number.
(3) By maintaining the firearm for training or experimental purposes or transferring the firearm to a museum or historical society.
(e) Repealed by Session Laws 2013‑158, s. 2, effective September 1, 2013, and applicable to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date.
(f) Disbursement of Proceeds of Sale. – If the law enforcement agency sells the firearm pursuant to subdivision (2) of subsection (d) of this section, then the proceeds of the sale shall be retained by the law enforcement agency and used for law enforcement purposes. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this section, as well as the disposition of the firearm, including any funds received from a sale of a firearm or any firearms or other property received in exchange or trade of a firearm."
SECTION 2.1.(a) G.S. 15A‑830 reads as rewritten:
"§ 15A‑830. Definitions.
(a) The following definitions apply in this Article:
(1) Accused. – A person who has been arrested and charged with committing a crime covered by this Article.
(2) Arresting law enforcement agency. – The law enforcement agency that makes the arrest of an accused.
(3) Custodial agency. – The agency that has legal custody of an accused or defendant arising from a charge or conviction of a crime covered by this Article including, but not limited to, local jails or detention facilities, regional jails or detention facilities, facilities designated under G.S. 122C‑252 for the custody and treatment of involuntary clients, or the Division of Adult Correction of the Department of Public Safety.
(4) Investigating law enforcement agency. – The law enforcement agency with primary responsibility for investigating the crime committed against the victim.
(5) Law enforcement agency. – An arresting law enforcement agency, a custodial agency, or an investigating law enforcement agency.
(6) Next of kin. – The victim's spouse, children, parents, siblings, or grandparents. The term does not include the accused unless the charges are dismissed or the person is found not guilty.
(7) Victim. – A person against whom there is probable cause to believe one of the following crimes was committed:
a. A Class A, B1, B2, C, D, or E felony.
b. A Class F felony if it is a violation of one of the
following: G.S. 14‑16.6(b); 14‑16.6(c); 14‑18; 14‑32.1(e);
14‑32.2(b)(3); 14‑32.3(a); 14‑32.4; 14‑34.2; 14‑34.6(c);
14‑41; 14‑43.3; 14‑43.11; 14‑190.17; 14‑190.19;
14‑202.1; 14‑277.3A; 14‑288.9; 20‑138.5; former G.S. 14‑190.19
or former G.S. 14‑277.3.
c. A Class G felony if it is a violation of one of the
following: G.S. 14‑32.3(b); 14‑51; 14‑58; 14‑87.1;
or 20‑141.4.or 14‑87.1.
d. A Class H felony if it is a violation of one of the
following: G.S. 14‑32.3(a); 14‑32.3(c); 14‑33.2; 14‑34.6(b);
14‑190.17A; 14‑277.3A; former G.S. 14‑32.3(c) or
former G.S. 14‑277.3.
e. A Class I felony if it is a violation of one of
the following: G.S. 14‑32.3(b); 14‑34.6(b); or 14‑190.17A.
G.S. 14‑32.3(b).
f. An attempt of any of the felonies listed in this subdivision if the attempted felony is punishable as a felony.
g. Any of the following misdemeanor offenses when the offense is committed between persons who have a personal relationship as defined in G.S. 50B‑1(b): G.S. 14‑33(c)(1); 14‑33(c)(2); 14‑33(a); 14‑34; 14‑134.3; 14‑277.3A; or former G.S. 14‑277.3.
h. Any violation of a valid protective order under G.S. 50B‑4.1.
(b) If the victim is deceased, then the next of kin, in the order set forth in the definition contained in this section, is entitled to the victim's rights under this Article. However, the right contained in G.S. 15A‑834 may only be exercised by the personal representative of the victim's estate. An individual entitled to exercise the victim's rights as a member of the class of next of kin may designate anyone in the class to act on behalf of the class."
SECTION 2.1.(b) This section does not affect the rights granted by Article 46 of Chapter 15A of the General Statutes to any person who was a victim as defined in G.S. 15A‑830 before the effective date of this section.
SECTION 2.2. The title of G.S. 20‑28.9 reads as rewritten:
"§ 20‑28.9.
Authority for the Department of Public Instruction to administer a statewide or
regional towing, storage, and sales program for driving while impaired vehicles
forfeited."
SECTION 2.3. G.S. 28A‑22‑7(c) is repealed.
SECTION 2.4. G.S. 31‑33 reads as rewritten:
"§ 31‑33. Cause transferred to trial docket.
The caveator's
(a) Upon the filing of a caveat, the clerk shall transfer the cause to the superior court for trial by jury. The caveat shall be served upon all interested parties in accordance with G.S. 1A‑1, Rule 4 of the Rules of Civil Procedure.
(b) After service under subsection (a) of this section, the caveator shall cause notice of a hearing to align the parties to be served upon all parties in accordance with G.S. 1A‑1, Rule 5 of the Rules of Civil Procedure. At the alignment hearing, all of the interested parties who wish to be aligned as parties shall appear and be aligned by the court as parties with the caveators or parties with the propounders of the will. If an interested party does not appear to be aligned or chooses not to be aligned, the judge shall dismiss that interested party from the proceeding, but that party shall be bound by the proceeding.
(c) Within 30 days following the entry of an order aligning the parties, any interested party who was aligned may file a responsive pleading to the caveat, provided, however, that failure to respond to any averment or claim of the caveat shall not be deemed an admission of that averment or claim. An extension of time to file a responsive pleading to the caveat may be granted as provided by G.S. 1A‑1, Rule 6 of the Rules of Civil Procedure.
(d) Upon motion of an aligned party, the court may require a caveator to provide security in such sum as the court deems proper for the payment of such costs and damages as may be incurred or suffered by the estate if the estate is found to have been wrongfully enjoined or restrained. The court may consider relevant facts related to whether a bond should be required and the amount of any such bond, including, but not limited to, (i) whether the estate may suffer irreparable injury, loss, or damage as a result of the caveat and (ii) whether the caveat has substantial merit. Provisions for bringing suit in forma pauperis apply to the provisions of this subsection."
SECTION 3. G.S. 42A‑15 reads as rewritten:
"§ 42A‑15. Trust account uses.
A landlord or real estate broker may require a tenant to pay
all or part of any required rent, security deposit, or other fees permitted by
law in advance of the commencement of a tenancy under this Chapter if these
payments are expressly authorized in the vacation rental agreement. If the
tenant is required to make any advance payments, other than a security deposit,
whether the payment is denominated as rent or otherwise, the landlord or real
estate broker shall deposit these payments in a trust account in an insured
bank or savings and loan association in North Carolina no later than three
banking days after the receipt of the these payments. These payments
deposited in a trust account shall not earn interest unless the landlord and
tenant agree in the vacation rental agreement that the payments may be
deposited in an interest‑bearing account. The landlord and tenant shall
also provide in the agreement to whom the accrued interest shall be disbursed."
SECTION 4. G.S. 53‑244.111 reads as rewritten:
"§ 53‑244.111. Prohibited acts.
In addition to the activities prohibited under other provisions of this Article, it shall be unlawful for any person in the course of any residential mortgage loan transaction:
…
(22) For a person acting as a mortgage servicer to fail to mail, at least 45 days before foreclosure is initiated, a notice addressed to the borrower at the borrower's last known address with the following information:
a. An itemization of all past due amounts causing the loan to be in default.
b. An itemization of any other charges that must be paid in order to bring the loan current.
c. A statement that the borrower may have options available other than foreclosure and that the borrower may discuss the options with the mortgage lender, the mortgage servicer, or a counselor approved by the U.S. Department of Housing and Urban Development (HUD).
d. The address, telephone number, and other contact information for the mortgage lender, the mortgage servicer, or the agent for either of them who is authorized to attempt to work with the borrower to avoid foreclosure.
e. The name, address, telephone number, and other contact information for one or more HUD‑approved counseling agencies operating to assist borrowers in North Carolina to avoid foreclosure.
f. The address, telephone number, and other contact
information for the consumer complaint section of the Office of the
Commissioner of Banks.State Home Foreclosure Prevention Project of the
Housing Finance Agency.
…."
SECTION 4.1. G.S. 58‑50‑75(b) reads as rewritten:
"(b) This Part applies to all insurers that offer a
health benefit plan and that provide or perform utilization review pursuant to G.S. 58‑50‑61,
the State Health Plan for Teachers and State Employees, and any optional
plans or programs operating under Part 2 of Article 3A of Chapter 135 of the
General Statutes, the North Carolina Health Insurance Risk Pool, and the
Health Insurance Program for Children. Statutes. With respect to
second‑level grievance review decisions, this Part applies only to second‑level
grievance review decisions involving noncertification decisions."
SECTION 5. G.S. 95‑111.4 reads as rewritten:
"§ 95‑111.4. Powers and duties of Commissioner.
The Commissioner of Labor is hereby empowered:empowered
to do all of the following:
(1) To delegate to the Director of the Elevator and
Amusement Device Division such powers, duties and responsibilities as the
Commissioner determines will best serve the public interest in the safe
operation of amusement devices;devices.
(2) To supervise the Director of the Elevator and
Amusement Device Division;Division.
(3) To adopt, modify, or revoke such rules and
regulations as are necessary for the purpose of carrying out the provisions of
this Article including, but not limited to, those governing the design,
construction, installation, plans review, testing, inspection, certification,
operation, use, maintenance, alteration and relocation of devices subject to
the provisions of this Article. The rules and regulations promulgated pursuant
to this rulemaking authority shall conform with good engineering and safety
standards, formulas and practices;practices.
(4) To enforce rules and regulations adopted under
authority of this Article;Article.
(5) To inspect and have tested for acceptance all new
and relocated devices subject to the provisions of this Article. Relocated
amusement devices shall be inspected upon reassembly at each new location
within this State; provided that the Commissioner may provide for less frequent
inspections when he determines that the device is of such a type and its use is
of such a nature that inspection less often than upon each reassembly would not
expose the public to an unsafe condition likely to result in serious personal
injury or property damage;damage.
(6) To inspect amusement devices which have been
substantially rebuilt or substantially modified so as to change the original
action, structure or capacity of the device;device.
(7) To make maintenance and periodic inspections and
tests of all devices subject to the provisions of this Article. Devices located
in amusement parks shall be inspected at least once annually;annually.
(8) To issue certificates of operation which certify
for use such devices as are found to be in compliance with this Article and the
rules and regulations promulgated thereunder;thereunder.
(9) To have reasonable access, with or without notice,
to the devices subject to the provisions of this Article during reasonable
hours, for purposes of inspection or testing;testing.
(10) To obtain an Administrative Search and Inspection
Warrant in accordance with the provisions of Article 4A of Chapter 15 of the
General Statutes;Statutes.
(11) To investigate accidents involving devices subject
to the provisions of this Article to determine the cause of such the accident,
and he the Commissioner shall have full subpoena powers in
conducting such investigation;the investigation.
(12) To institute proceedings in the civil courts of this
State, when a provision of this Article or the rules and regulations
promulgated thereunder has been violated;violated.
(13) To adopt, modify or revoke rules and regulations
governing the qualifications of inspectors;inspectors.
(14) To grant exceptions from the requirements of the
rules and regulations promulgated under authority of this Article and to permit
the use of other devices when such these exceptions and uses will
not expose the public to an unsafe condition likely to result in serious
personal injury or property damage;damage.
(15) To require that before any device subject to the
provisions of this Article is erected in this State, or before any additions or
alterations which substantially change such the device are made,
or before the physical spacing between such the devices is
changed, the owner or his the owner's authorized agent shall file
with the Commissioner a written notice of his the owner's intention
to do so and the type of device involved. Should circumstances necessitate, the
Commissioner may require that such the owner or his the
owner's authorized agent furnish a copy of the plans, diagrams,
specifications or stress analyses of such the device before the
inspection of same.the device. When such plans, diagrams,
specifications or stress analyses are requested by the Commissioner, he the
Commissioner shall review them within 10 days of receipt, and upon
approval, he shall authorize the device for use by the public;public.
(16) To prohibit the use of any device subject to the
provisions of this Article which is found upon inspection to expose the public
to an unsafe condition likely to cause personal injury or property damage. Such
a device shall be made operational only upon the Commissioner's
determination that such device it has been made safe;safe.
(17) To order the payment of all civil penalties provided
by this Article. The clear proceeds of funds collected pursuant to a civil
penalty order shall be remitted to the Civil Penalty and Forfeiture Fund in
accordance with G.S. 115C‑457.2; andG.S. 115C‑457.2.
(18) To coordinate enforcement and inspection activity relative to equipment, devices and operations covered by this Article in order to minimize duplication of liability or regulatory responsibility on the part of the employer or owner.
(19) To establish fees not to exceed two hundred fifty dollars ($250.00) for the inspection and issuance of certificates of operation for devices subject to this Article that are in use."
SECTION 6. G.S. 95‑148 reads as rewritten:
"§ 95‑148. Safety and health programs of State agencies and local governments.
It shall be the responsibility of each administrative department, commission, board, division or other agency of the State and of counties, cities, towns and subdivisions of government to establish and maintain an effective and comprehensive occupational safety and health program which is consistent with the standards and regulations promulgated under this Article. The head of each agency shall:
(1) Provide safe and healthful places and conditions of
employment, consistent with the standards and regulations promulgated by this Article;Article.
(2) Acquire, maintain, and require the use of safety
equipment, personal protective equipment, and devices reasonably necessary to
protect employees;employees.
(3) Consult with and encourage employees to cooperate
in achieving safe and healthful working conditions;conditions.
(4) Keep adequate records of all occupational accidents
and illnesses for proper evaluation and corrective action;action.
(5) Consult with the Commissioner as to the adequacy as
to form and content of records kept pursuant to this section;section.
(6) Make an annual report to the Commissioner with respect to occupational accidents and injuries and the agency's program under this section.
The Commissioner shall transmit annually to the Governor and
the General Assembly a report of the activities of the State agency and
instrumentalities under this section. If the Commissioner has reason to believe
that any local government program or program of any agency of the State is
ineffective, he the Commissioner shall, after unsuccessfully
seeking by negotiations to abate such this failure, include this
in his the Commissioner's annual report to the Governor and the
General Assembly, together with the reasons therefor, and may recommend
legislation intended to correct such the condition.
The Commissioner shall have access to the records and reports kept and filed by State agencies and instrumentalities pursuant to this section unless such records and reports are required to be kept secret in the interest of national defense, in which case the Commissioner shall have access to such information as will not jeopardize national defense.
Employees of any agency or department covered under this section are afforded the same rights and protections as granted employees in the private sector.
This section shall not apply to volunteer fire departments not a part of any municipality.
Any municipality with a population of 10,000 or less may exclude its fire department from the operation of this section by a resolution of the governing body of the municipality, except that the resolution may not exclude those firefighters who are employees of the municipality.
The North Carolina Fire and Rescue Commission shall recommend regulations and standards for fire departments."
SECTION 7.(a) G.S. 111‑47.1 reads as rewritten:
"§ 111‑47.1. Food service at North Carolina aquariums.
(a) Notwithstanding Article 3 of Chapter 111 of the
General Statutes,this Article, the North Carolina Aquariums may
operate or contract for the operation of food or vending services at the North
Carolina Aquariums. Notwithstanding G.S. 111‑43, the net proceeds of
revenue generated by food and vending services that are provided at the North
Carolina Aquariums and are operated by or whose operation is contracted for by
the Division of North Carolina Aquariums shall be credited to the North
Carolina Aquariums Fund.
(b) This section shall not be construed to alter any
contract for food or vending services at the North Carolina Aquariums that is
in force at the time this section becomes law. on July 1, 1999."
SECTION 7.(b) G.S. 111‑47.2 reads as rewritten:
"§ 111‑47.2. Food service at museums and historic sites operated by the Department of Cultural Resources.
Notwithstanding Article 3 of Chapter 111 of the General
Statutes, this Article, the North Carolina Department of Cultural
Resources may operate or contract for the operation of food or vending services
at museums and historic sites operated by the Department. Notwithstanding G.S. 111‑43,
the net proceeds of revenue generated by food and vending services provided at
museums and historic sites operated by the Department or a vendor with whom the
Department has contracted shall be credited to the appropriate fund of the
museum or historic site where the funds were generated and shall be used for
the operation of that museum or historic site."
SECTION 8. G.S. 113‑133.1(e) reads as rewritten:
"(e) Because of strong community interest expressed in their retention, the local acts or portions of local acts listed in this section are not repealed. The following local acts are retained to the extent they apply to the county for which listed:
Alleghany: Session Laws 1951, Chapter 665; Session Laws 1977, Chapter 526; Session Laws 1979, Chapter 556.
Anson: Former G.S. 113‑111, as amended by Session Laws 1955, Chapter 286.
Ashe: Former G.S. 113‑111; Session Laws 1951, Chapter 665.
Avery: Former G.S. 113‑122.
Beaufort: Session Laws 1947, Chapter 466, as amended by Session Laws 1979, Chapter 219; Session Laws 1957, Chapter 1364; Session Laws 1971, Chapter 173.
Bertie: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 287.
Bladen: Public‑Local Laws 1933, Chapter 550, Section 2 (as it pertains to fox season); Session Laws 1961, Chapter 348 (as it applies to Bladen residents fishing in Robeson County); Session Laws 1961, Chapter 1023; Session Laws 1971, Chapter 384.
Brunswick: Session Laws 1975, Chapter 218.
Buncombe: Public‑Local Laws 1933, Chapter 308.
Burke: Public‑Local Laws 1921, Chapter 454; Public‑Local Laws 1921 (Extra Session), Chapter 213, Section 3 (with respect to fox seasons); Public‑Local Laws 1933, Chapter 422, Section 3; Session Laws 1977, Chapter 636.
Caldwell: Former G.S. 113‑122; Session Laws 1977, Chapter 636; Session Laws 1979, Chapter 507.
Camden: Session Laws 1955, Chapter 362 (to the extent it applies to inland fishing waters); Session Laws 1967, Chapter 441.
Carteret: Session Laws 1955, Chapter 1036; Session Laws 1977, Chapter 695.
Caswell: Public‑Local Laws 1933, Chapter 311; Public‑Local Laws 1937, Chapter 411.
Catawba: Former G.S. 113‑111, as amended by Session Laws 1955, Chapter 1037.
Chatham: Public‑Local Laws 1937 Chapter 236; Session Laws 1963, Chapter 271.
Chowan: Session Laws 1979, Chapter 184; Session Laws 1979, Chapter 582.
Cleveland: Public Laws 1907, Chapter 388; Session Laws 1951, Chapter 1101; Session Laws 1979, Chapter 587.
Columbus: Session Laws 1951, Chapter 492, as amended by Session Laws 1955, Chapter 506.
Craven: Session Laws 1971, Chapter 273, as amended by Session Laws 1971, Chapter 629.
Cumberland: Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 471.
Dare: Session Laws 1973, Chapter 259.
Davie: Former G.S. 113‑111, as amended by Session Laws 1947, Chapter 333.
Duplin: Session Laws 1965, Chapter 774; Session Laws 1973 (Second Session 1974), Chapter 1266; Session Laws 1979, Chapter 466.
Edgecombe: Session Laws 1961, Chapter 408.
Gates: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748.
Granville: Session Laws 1963, Chapter 670.
Greene: Session Laws 1975, Chapter 219; Session Laws 1979, Chapter 360.
Halifax: Public‑Local Laws 1925, Chapter 571, Section 3 (with respect to fox‑hunting seasons); Session Laws 1947, Chapter 954; Session Laws 1955, Chapter 1376.
Haywood: Former G.S. 113‑111, as modified by Session Laws 1963, Chapter 322.
Henderson: Former G.S. 113‑111.
Hertford: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67.
Hoke: Session Laws 1963, Chapter 267.
Hyde: Public‑Local Laws 1929, Chapter 354, Section 1 (as it relates to foxes); Session Laws 1951, Chapter 932.
Iredell: Session Laws 1979, Chapter 577.
Jackson: Session Laws 1965, Chapter 765.
Johnston: Session Laws 1975, Chapter 342.
Jones: Session Laws 1979, Chapter 441.
Lee: Session Laws 1963, Chapter 271; Session Laws 1977, Chapter 636.
Lenoir: Session Laws 1979, Chapter 441.
Lincoln: Public‑Local Laws 1925, Chapter 449, Sections 1 and 2; Session Laws 1955, Chapter 878.
Madison: Public‑Local Laws 1925, Chapter 418, Section 4; Session Laws 1951, Chapter 1040.
Martin: Session Laws 1955, Chapter 1376; Session Laws 1977, Chapter 636.
Montgomery: Session Laws 1977 (Second Session 1978), Chapter 1142.
Nash: Session Laws 1961, Chapter 408.
New Hanover: Session Laws 1971, Chapter 559; Session Laws 1975, Chapter 95.
Northampton: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67; Session Laws 1979, Chapter 548.
Orange: Public‑Local Laws 1913, Chapter 547.
Pamlico: Session Laws 1977, Chapter 636.
Pender: Session Laws 1961, Chapter 333; Session Laws 1967, Chapter 229; Session Laws 1969, Chapter 258, as amended by Session Laws 1973, Chapter 420; Session Laws 1977, Chapter 585, as amended by Session Laws 1985, Chapter 421; Session Laws 1977, Chapter 805; Session Laws 1979, Chapter 546.
Perquimans: Former G.S. 113‑111; Session Laws 1973, Chapter 160; Session Laws 1973, Chapter 264.
Polk: Session Laws 1975, Chapter 397; Session Laws
1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.
Randolph: Public‑Local Laws 1941, Chapter 246; Session Laws 1947, Chapter 920.
Robeson: Public‑Local Laws 1924 (Extra Session), Chapter 92; Session Laws 1961, Chapter 348.
Rockingham: Former G.S. 113‑111; Public‑Local Laws 1933, Chapter 310.
Rowan: Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 106, and Session Laws 1977, Chapter 500; Session Laws 1979, Chapter 556.
Rutherford: Session Laws 1973, Chapter 114; Session Laws
1975, Chapter 397.Chapter 114.
Sampson: Session Laws 1979, Chapter 373.
Scotland: Session Laws 1959, Chapter 1143; Session Laws 1977, Chapter 436.
Stokes: Former G.S. 113‑111; Public‑Local Laws 1933, Chapter 310; Session Laws 1979, Chapter 556.
Surry: Public‑Local Laws 1925, Chapter 474, Section 6 (as it pertains to fox seasons); Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.
Swain: Public‑Local Laws 1935, Chapter 52; Session Laws 1953, Chapter 270; Session Laws 1965, Chapter 765.
Transylvania: Public Laws 1935, Chapter 107, Section 2, as amended by Public Laws 1935, Chapter 238.
Tyrrell: Former G.S. 113‑111; Session Laws 1953, Chapter 685.
Wake: Session Laws 1973 (Second Session 1974), Chapter 1382.
Washington: Session Laws 1947, Chapter 620.
Wayne: Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 342, as amended by Session Laws 1977, Chapter 43; Session Laws 1975, Chapter 343, as amended by Session Laws 1977, Chapter 45; Session Laws 1977, Chapter 695.
Wilkes: Former G.S. 113‑111, as amended by Session Laws 1971, Chapter 385; Session Laws 1951, Chapter 665; Session Laws 1973, Chapter 106; Session Laws 1979, Chapter 507.
Yadkin: Former G.S. 113‑111, as amended by Session Laws 1953, Chapter 199; Session Laws 1979, Chapter 507.
Yancey: Session Laws 1965, Chapter 522."
SECTION 9. G.S. 115C‑325(h)(7) reads as rewritten:
"(7) Within five days of being notified of the
request for a hearing before a hearing officer, the Superintendent of Public
Instruction shall submit to both parties a list of hearing officers trained and
approved by the State Board of Education. Within five days of receiving the
list, the parties may jointly select a hearing officer from that list, or, if
the parties cannot agree to a hearing officer, each party may strike up to one‑third
of the names on the list and submit its strikeout list to the Superintendent of
Public Instruction. The Superintendent of Public Instruction shall then appoint
a hearing officer from those individuals remaining on the list. Further, the
parties may jointly agree on another hearing officer not on the State Board of Eduation's
Education's list, provided that individual is available to proceed in a
timely manner and is willing to accept the terms of appointment required by the
State Board of Education. No person eliminated by the career employee or
superintendent shall be designated as the hearing officer for that case."
SECTION 10. G.S. 130A‑294.1(b) reads as rewritten:
"(b) Funds collected pursuant to this section shall be used for personnel and other resources necessary to:
(1) Provide a high level of technical assistance and
waste minimization effort for the hazardous waste management program;program.
(2) Provide timely review of permit applications;applications.
(3) Insure that permit decisions are made on a sound
technical basis and that permit decisions incorporate all conditions necessary
to accomplish the purposes of this Part;Part.
(4) Improve monitoring and compliance of the hazardous
waste management program;program.
(5) Increase the frequency of inspections;inspections.
(6) Provide chemical, biological, toxicological, and
analytical support for the hazardous waste management program; andprogram.
(7) Provide resources for emergency response to
imminent hazards associated with the hazardous waste management program;program.
(8) Implement and provide oversight of necessary
response activities involving inactive hazardous substance or waste disposal sites;
sites.
(9) Provide compliance and prevention activities within the solid waste program to ensure that hazardous waste is not disposed in solid waste management facilities."
SECTION 10.1. G.S. 130A‑335(f1) reads as rewritten:
"(f1) A preconstruction conference with the owner or
developer, or an agent of the owner or developer, and a representative of the
local health department shall be required for any authorization for wastewater
system construction issued with an improvement permit under G.S. 130‑336
G.S. 130A‑336 when the authorization is greater than five
years old. Following the conference, the local health department shall issue a
revised authorization for wastewater system construction that includes current
technology that can reasonably be expected to improve the performance of the
system."
SECTION 11. G.S. 136‑93(b) reads as rewritten:
"(b) Except as provided in G.S. 136‑133.1(g),
no vegetation, including any tree, shrub, or underbrush, in or on any right‑of‑way
of a State road or State highway shall be planted, cut, trimmed, pruned, or
removed without a written selective vegetation removal permit issued pursuant
to G.S. 136‑133.2 and in accordance with the rules of the
Department. Requests for a permit for selective vegetation cutting, thinning,
pruning, or removal shall be made by the owner of an outdoor advertising sign
or the owner of a business facility to the appropriate person in the Division
of Highways office on a form prescribed by the Department. For purposes of this
section, G.S. 136‑133.1, 136‑133.2, and 136‑133.4, the
phrase "outdoor advertising" shall mean the outdoor advertising
expressly permitted under G.S. 136‑129(a)(4) G.S. 136‑129(4)
or G.S. 136‑129(a)(5). G.S. 136‑129(5).
These provisions shall not be used to provide visibility to on‑premises
signs."
SECTION 11.1. G.S. 143‑52.2 is repealed.
SECTION 12. G.S. 143‑151.57 reads as rewritten:
"§ 143‑151.57. Fees.
(a) Maximum Fees. – The Board may adopt fees that do not exceed the amounts set in the following table for administering this Article:
Item Maximum Fee
Application for home inspector license $35.00
Home inspector examination 80.00
Issuance or renewal of home inspector license 160.00
Late renewal of home inspector license 30.00
Application for course approval 150.00
Renewal of course approval 75.00
Course fee, per credit hour per licensee 5.00
Credit for unapproved continuing education course 50.00
Copies of Board rules or licensure standards Cost of printing
and mailing.
Or renewal 20.00 110.00 20.00
(b) Subsequent Application. – An individual who applied for a license as a home inspector and who failed the home inspector examination is not required to pay an additional application fee if the individual submits another application for a license as a home inspector. The individual must pay the examination fee, however, to be eligible to take the examination again. An individual may take the examination only once every 180 days."
SECTION 13. G.S. 143‑151.77 reads as rewritten:
"§ 143‑151.77. Enforcement and penalties.
(a) In addition to injunctive relief, the Commissioner
may assess and collect a civil penalty against any person who violates any of
the provisions of this Article or rules adopted pursuant to this Article, as
provided in this subsection. section. The maximum civil penalty
for a violation is five thousand dollars ($5,000). A civil penalty may be
assessed from the date of the violation. Each day of a continuing violation may
constitute a separate violation.
(b) The Commissioner shall determine the amount of the civil penalty and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under Rule 4 of G.S. 1A‑1 and shall direct the violator to either pay the assessment or contest the assessment within 30 calendar days by filing a petition for a contested case under Article 3 of Chapter 150B of the General Statutes. If a violator does not pay a civil penalty assessed by the Commissioner within 30 calendar days after it is due, the Commissioner shall request that the Attorney General institute a civil action to recover the amount of the assessment. The civil action may be brought in the superior court of any county where the violation occurred. A civil action must be filed within one year of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment.
(c) In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, the prior record of the violator in complying or failing to comply with this Article, and the action of the person to remedy the violation.
(d) The clear proceeds of civil penalties collected by the Commissioner under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."
SECTION 14. G.S. 150B‑41 reads as rewritten:
"§ 150B‑41. Evidence; stipulations; official notice.
(a) In all contested cases, irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in the trial division of the General Court of Justice shall be followed; but, when evidence is not reasonably available under such rules to show relevant facts, they may be shown by the most reliable and substantial evidence available. It shall not be necessary for a party or his attorney to object to evidence at the hearing in order to preserve the right to object to its consideration by the agency in reaching its decision, or by the court of judicial review.
(b) Evidence in a contested case, including records
and documents shall be offered and made a part of the record. Other factual
information or evidence shall not be considered in determination of the case,
except as permitted under G.S. 150B‑30. subsection (d) of
this section. Documentary evidence may be received in the form of a copy or
excerpt or may be incorporated by reference, if the materials so incorporated
are available for examination by the parties. Upon timely request, a party
shall be given an opportunity to compare the copy with the original if
available.
(c) The parties in a contested case under this Article by a stipulation in writing filed with the agency may agree upon any fact involved in the controversy, which stipulation shall be used as evidence at the hearing and be binding on the parties thereto. Parties should agree upon facts when practicable. Except as otherwise provided by law, disposition may be made of a contested case by stipulation, agreed settlement, consent order, waiver, default, or other method agreed upon by the parties.
(d) Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the agency. The noticed fact and its source shall be stated and made known to affected parties at the earliest practicable time, and any party shall on timely request be afforded an opportunity to dispute the noticed fact through submission of evidence and argument. An agency may use its experience, technical competence, and specialized knowledge in the evaluation of evidence presented to it."
SECTION 15.(a) G.S. 153A‑357(d) is repealed.
SECTION 15.(b) G.S. 160A‑417(c) is repealed.
SECTION 15.1. G.S. 160A‑58.64 reads as rewritten:
"§ 160A‑58.64. Referendum prior to involuntary annexation ordinance.
(a) After the adoption of the resolution of intent under this Part, the municipality shall place the question of annexation on the ballot. The municipal governing board shall notify the appropriate county board or boards of elections of the adoption of the resolution of intent and provide a legible map and clear written description of the proposed annexation area.
(b) In accordance with G.S. 163‑58.55, G.S. 160A‑58.55,
the municipal governing board shall adopt a resolution setting the date for
the referendum and so notify the appropriate county board or boards of
elections.
(c) The county board or boards of elections shall cause legal notice of the election to be published. That notice shall include the general statement of the referendum. The referendum shall be conducted, returned, and the results declared as in other municipal elections in the municipality. Only registered voters of the proposed annexation area shall be allowed to vote on the referendum.
(d) The referendum of any number of proposed involuntary annexations may be submitted at the same election; but as to each proposed involuntary annexation, there shall be an entirely separate ballot question.
(e) The ballots used in a referendum shall submit the following proposition:
"[ ] FOR [ ] AGAINST
The annexation of (clear description of the proposed annexation area)."
(f) If less than a majority of the votes cast on the referendum are for annexation, the municipal governing body may not proceed with the adoption of the annexation ordinance or begin a separate involuntary annexation process with respect to that proposed annexation area for at least 36 months from the date of the referendum. If a majority of the votes cast on the referendum are for annexation, the municipal governing body may proceed with the adoption of the annexation ordinance under G.S. 160A‑58.55."
SECTION 16.(a) On March 13, 1895, the General Assembly enacted "An act to incorporate the town of Columbus." The act was published in the 1895 "Private Laws of North Carolina," appearing on pages 404 through 406. The session law designation that appears at the beginning of the act is "Chapter 354," although (i) the act is physically located between Chapters 253 and 255, and (ii) pages 404 through 406 have a running header showing Chapter 254 as the session law contained on those pages. There is otherwise no Chapter 254 in the 1895 "Private Laws of North Carolina," and the last session law in that volume is Chapter 353. It therefore appears that the intended session law designation for the act was Chapter 254 and that the published session law number contains a typographical error. The act has been cited at least once in a subsequent session law as "Chapter 354 of the Private Laws of 1895" and was repealed in Chapter 46 of the 1985 Session Laws ("An act to revise and consolidate the charter of the town of Columbus").
SECTION 16.(b) To remove any ambiguity, any reference to "Chapter 354" of the 1895 Private Laws of this State or to "Chapter 254" of the 1895 Private Laws of this State shall be construed as a reference to the act enacted by the General Assembly on March 13, 1895, entitled "An act to incorporate the town of Columbus."
SECTION 16.1. Section 5 of S.L. 2011‑84 reads as rewritten:
"SECTION 5. Sections 2, 3, and 4 of this act do
not apply to a city or joint agency providing communications service as of
January 1, 2011, provided the city or joint agency limits the provision of
communications service as provided in G.S. 160A‑340.2(c). In the
event a city subject to the exemption set forth in this section provides
communications service to a customer outside the limits set forth in G.S. 160A‑340(c),
G.S. 160A‑340.2(c), the city shall have 30 days from the
date of notice or discovery to cease providing service to the customer without
loss of the exemption."
SECTION 17. Section 60(c) of S.L. 2013‑413 reads as rewritten:
"SECTION 60.(c) This act Part becomes
effective July 1, 2015."
part II. Additional technical corrections and other amendments.
SECTION 18. G.S. 1‑72.2 reads as rewritten:
"§ 1‑72.2. Standing of legislative officers.
The Speaker of the House of Representatives and the President
Pro Tempore of the Senate, as agents of the State, shall jointly have standing
to intervene on behalf of the General Assembly as a party in any judicial
proceeding challenging a North Carolina statute or provision of the North
Carolina Constitution. The procedure for interventions at the trial level in
State court shall be that set forth in Rule 29 Rule 24 of the
Rules of Civil Procedure. The procedure for interventions at the appellate
level in State court shall be by motion in the appropriate appellate court or by
any other relevant procedure set forth in the Rules of Appellate Procedure."
SECTION 18.5. G.S. 1A‑1, Rule 8(a), reads as rewritten:
"(a) Claims for relief. – A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third‑party claim shall contain
(1) A short and plain statement of the claim sufficiently particular to give the court and the parties notice of the transactions, occurrences, or series of transactions or occurrences, intended to be proved showing that the pleader is entitled to relief, and
(2) A demand for judgment for the relief to which he
deems himself entitled. Relief in the alternative or of several different types
may be demanded. In all negligence actions, and in all claims for punitive
damages in any civil action, wherein the matter in controversy exceeds the sum
or value of ten thousand dollars ($10,000),twenty‑five thousand
dollars ($25,000), the pleading shall not state the demand for monetary
relief, but shall state that the relief demanded is for damages incurred or to
be incurred in excess of ten thousand dollars ($10,000).twenty‑five
thousand dollars ($25,000). However, at any time after service of the claim
for relief, any party may request of the claimant a written statement of the
monetary relief sought, and the claimant shall, within 30 days after such
service, provide such statement, which shall not be filed with the clerk until
the action has been called for trial or entry of default entered. Such
statement may be amended in the manner and at times as provided by Rule 15."
SECTION 19.(a) G.S. 7A‑228 reads as rewritten:
"§ 7A‑228. New trial before magistrate; appeal for trial de novo; how appeal perfected; oral notice; dismissal.
… .
(d) When a defendant in a summary ejectment action has given notice of appeal and perfected the appeal in accordance with G.S. 7A‑228(b), the plaintiff may serve upon the defendant a motion to dismiss the appeal if the defendant:
(1) Failed to raise a defense orally or in writing in the small claims court;
(2) Failed to file a motion, answer, or counterclaim in the district court; and
(3) Failed to make any payment due under any
applicable bond to stay execution of the judgment for possession.comply
with any obligation set forth in the Bond to Stay Execution on Appeal of
Summary Ejectment Judgment entered by the court.
The motion to dismiss the appeal shall list all of the
deficiencies committed by the defendant, as described in subdivisions (1), (2),
and (3) of this subsection, and shall state that the court will decide the
motion to dismiss without a hearing if the defendant fails to respond within 10
days of receipt of the motion. The defendant may defeat the motion to dismiss
by responding within 10 days of receipt of the motion by doing any of the
following acts: (i) filing a responsive motion, answer, or counterclaim and
serving the plaintiff with a copy thereof or (ii) paying the amount due under
the bond to stay execution.execution, if any amount is owed by the
defendant. If the defendant is not required by law to make any payment under
the bond to stay execution, the court shall not use the failure to make a
payment as a basis to dismiss the appeal. The court shall review the file,
determine whether the motion satisfies the requirements of this subsection,
determine whether the defendant has made a sufficient response to defeat the
motion, and shall enter an order resolving the matter without a hearing."
SECTION 19.(b) This section becomes effective October 1, 2014, and applies to all actions for summary ejectment filed on or after that date.
SECTION 20. G.S. 7A‑273(2) reads as rewritten:
"(2) In misdemeanor or infraction cases involving alcohol offenses under Chapter 18B of the General Statutes, traffic offenses, hunting, fishing, State park and recreation area rule offenses under Chapter 113 of the General Statutes, boating offenses under Chapter 75A of the General Statutes, open burning offenses under Article 78 of Chapter 106 of the General Statutes, and littering offenses under G.S. 14‑399(c) and G.S. 14‑399(c1), to accept written appearances, waivers of trial or hearing and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Judges pursuant to G.S. 7A‑148, and in such cases, to enter judgment and collect the fines or penalties and costs;".
SECTION 21. G.S. 7B‑603(b) reads as rewritten:
"(b) An attorney or guardian ad litem appointed pursuant to G.S. 7B‑602 or pursuant to any other provision of the Juvenile Code for which the Office of Indigent Defense Services is responsible for providing counsel shall be paid a reasonable fee in accordance with rules adopted by the Office of Indigent Defense Services."
SECTION 22.(a) G.S. 7B‑1401(4), 7B‑1402, 7B‑1403, and 7B‑1412 are repealed.
SECTION 22.(b) G.S. 7B‑1404(b) reads as rewritten:
"(b) The State Team shall be composed of the
following 1110 members of whom nine members are ex officio and two
are one is appointed:
(1) The Chief Medical Examiner, who shall chair the State Team;
(2) The Attorney General;
(3) The Director of the Division of Social Services, Department of Health and Human Services;
(4) The Director of the State Bureau of Investigation;
(5) The Director of the Division of Maternal and Child Health of the Department of Health and Human Services;
(6) The Superintendent of Public Instruction;
(7) The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, Department of Health and Human Services;
(8) The Director of the Administrative Office of the Courts;
(9) The pediatrician appointed pursuant to G.S. 7B‑1402(b)
to the Task Force;
(10) A public member, appointed by the Governor; and
(11) The Team Coordinator.
The ex officio members other than the Chief Medical Examiner may designate a representative from their departments, divisions, or offices to represent them on the State Team."
SECTION 22.(c) G.S. 7B‑1405 reads as rewritten:
"§ 7B‑1405. State Team – duties.
(a) The State Team shall:
(1) Review current deaths of children when those deaths are attributed to child abuse or neglect or when the decedent was reported as an abused or neglected juvenile pursuant to G.S. 7B‑301 at any time before death;
(2) Report to the Task Force during the
existence of the Task Force, in the format and at the time required by the Task
Force, on the State Team's activities and its recommendations for changes to
any law, rule, and policy that would promote the safety and well‑being of
children;
(3) Upon request of a Local Team, provide technical assistance to the Team;
(4) Periodically assess the operations of the multidisciplinary child fatality prevention system and make recommendations for changes as needed;
(5) Work with the Team Coordinator to develop guidelines for selecting child deaths to receive detailed, multidisciplinary death reviews by Local Teams that review cases of additional child fatalities; and
(6) Receive reports of findings and recommendations from Local Teams that review cases of additional child fatalities and work with the Team Coordinator to implement recommendations.
(b) In addition to the duties prescribed in subsection (a) of this section, the State Team may report to the General Assembly, within the first week of the convening or reconvening of the General Assembly, on the State Team's activities and its recommendations for changes to any law, rule, or policy that would promote the safety and well‑being of children. Any recommendations of changes to law, rule, or policy shall be accompanied by specific legislative or policy proposals and detailed fiscal notes setting forth the costs to the State."
SECTION 22.(d) G.S. 7B‑1413 reads as rewritten:
"§ 7B‑1413. Access to records.
(a) The State Team, the Local Teams, and the Task
Force during its existence, Team and the Local Teams shall have
access to all medical records, hospital records, and records maintained by this
State, any county, or any local agency as necessary to carry out the purposes
of this Article, including police investigations data, medical examiner
investigative data, health records, mental health records, and social services
records. The State Team, the Task Force, Team and the Local
Teams shall not, as part of the reviews authorized under this Article, contact,
question, or interview the child, the parent of the child, or any other family
member of the child whose record is being reviewed. Any member of a Local Team
may share, only in an official meeting of that Local Team, any information
available to that member that the Local Team needs to carry out its duties.
(b) Meetings of the State Team and the Local Teams are not subject to the provisions of Article 33C of Chapter 143 of the General Statutes. However, the Local Teams may hold periodic public meetings to discuss, in a general manner not revealing confidential information about children and families, the findings of their reviews and their recommendations for preventive actions. Minutes of all public meetings, excluding those of executive sessions, shall be kept in compliance with Article 33C of Chapter 143 of the General Statutes. Any minutes or any other information generated during any closed session shall be sealed from public inspection.
(c) All otherwise confidential information and records
acquired by the State Team, the Local Teams, and the Task Force during its
existence, Team and the Local Teams in the exercise of their duties
are confidential; are not subject to discovery or introduction into evidence in
any proceedings; and may only be disclosed as necessary to carry out the
purposes of the State Team, the Local Teams, and the Task Force. Team
and the Local Teams. In addition, all otherwise confidential information
and records created by a Local Team in the exercise of its duties are
confidential; are not subject to discovery or introduction into evidence in any
proceedings; and may only be disclosed as necessary to carry out the purposes
of the Local Team. No member of the State Team, a Local Team, nor any person
who attends a meeting of the State Team or a Local Team, may testify in any
proceeding about what transpired at the meeting, about information presented at
the meeting, or about opinions formed by the person as a result of the
meetings. This subsection shall not, however, prohibit a person from testifying
in a civil or criminal action about matters within that person's independent
knowledge.
…."
SECTION 22.(e) G.S. 7B‑1414 reads as rewritten:
"§ 7B‑1414. Administration; funding.
(a) To the extent of funds available, the chairs of
the Task Force and State Team may hire staff or consultants to assist the
Task Force and the State Team in completing their its duties.
(b) Members, staff, and consultants of the Task
Force or State Team shall receive travel and subsistence expenses in
accordance with the provisions of G.S. 138‑5 or G.S. 138‑6,
as the case may be, paid from funds appropriated to implement this Article and
within the limits of those funds.
(c) With the approval of the Legislative
Services Commission, legislative staff and space in the Legislative Building
and the Legislative Office Building may be made available to the Task Force."
SECTION 22.(f) G.S. 7B‑2902 reads as rewritten:
"§ 7B‑2902. Disclosure in child fatality or near fatality cases.
(a) The following definitions apply in this section:
(1) Child fatality. – The death of a child from suspected abuse, neglect, or maltreatment.
(2) Findings and information. – A written summary, as allowed by subsections (c) through (f) of this section, of actions taken or services rendered by a public agency following receipt of information that a child might be in need of protection. The written summary shall include any of the following information the agency is able to provide:
a. The dates, outcomes, and results of any actions taken or services rendered.
b. The results of any review by the State Child
Fatality Prevention Team, a local child fatality prevention team, a local
community child protection team, the Child Fatality Task Force, or any
public agency.
c. Confirmation of the receipt of all reports, accepted or not accepted by the county department of social services, for investigation of suspected child abuse, neglect, or maltreatment, including confirmation that investigations were conducted, the results of the investigations, a description of the conduct of the most recent investigation and the services rendered, and a statement of basis for the department's decision.
(3) Near fatality. – A case in which a physician determines that a child is in serious or critical condition as the result of sickness or injury caused by suspected abuse, neglect, or maltreatment.
(4) Public agency. – Any agency of State government or its subdivisions as defined in G.S. 132‑1(a).
….
(f) Access to criminal investigative reports and
criminal intelligence information of public law enforcement agencies and
confidential information in the possession of the State Child Fatality
Prevention Team, the local teams, and the Child Fatality Task Force, Team
and the local teams shall be governed by G.S. 132‑1.4 and G.S. 7B‑1413
respectively. Nothing herein shall be deemed to require the disclosure or
release of any information in the possession of a district attorney."
SECTION 22.(g) This section becomes effective June 30, 2015.
SECTION 23.(a) G.S. 14‑258.1, as amended by S.L. 2014‑3, reads as rewritten:
"§ 14‑258.1. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities; furnishing tobacco products including vapor products; or furnishing mobile phones to inmates.
…
(c) Any person who knowingly gives or sells any tobacco products, including vapor products, as defined in G.S. 148‑23.1, to an inmate in the custody of the Division of Adult Correction of the Department of Public Safety and on the premises of a correctional facility or to an inmate in the custody of a local confinement facility, or any person who knowingly gives or sells any tobacco products, including vapor products, to a person who is not an inmate for delivery to an inmate in the custody of the Division of Adult Correction of the Department of Public Safety and on the premises of a correctional facility or to an inmate in the custody of a local confinement facility, other than for authorized religious purposes, is guilty of a Class 1 misdemeanor.
…
(e) Any inmate of a local confinement facility who
possesses any tobacco products, including vapor products, as defined in G.S. 148‑23.1,
other than for authorized religious purposes, purposes, or for
inmates involved in an authorized smoking cessation program, or who
possesses a mobile telephone or other wireless communications device or a
component of one of those devices, is guilty of a Class 1 misdemeanor.
(f) Notwithstanding subsection (c) of this section, local confinement facilities may give or sell a vapor product as defined in G.S. 148‑23.1 to inmates involved in an authorized smoking cessation program while in the custody of the local confinement facility."
SECTION 23.(b) This section becomes effective December 1, 2014, and applies to offenses committed on or after that date. If Senate Bill 594, 2013 Regular Session, becomes law, and if it amends G.S. 14‑258.1 to add a new subsection (f), the subsection (f) enacted in subsection (a) of this section is redesignated as subsection (g).
SECTION 23.5.(a) G.S. 14‑404(c1) is repealed.
SECTION 23.5.(b) The Administrative Office of the Courts shall review the feasibility of requiring the clerks of court to make a record of the judicial determinations and findings, court orders, and other factual matters, relevant to the disqualifying conditions for obtaining a pistol permit that are set out in G.S. 14‑404(c) and to transmit those records to the National Instant Background Check System (NICS). In its study the Administrative Office of the Courts shall identify the information required under G.S. 14‑404 that is provided to NICS by other agencies or through other procedures. The Administrative Office of the Courts shall also consider what remaining information required under G.S. 14‑404(c) is requested by NICS, if any, and whether any of that information is readily available to the clerks of court. The Administrative Office of the Courts shall report its findings and recommendations to the Joint Legislative Committee on Justice and Public Safety by December 1, 2014.
SECTION 24.(a) G.S. 14‑415.14(a) reads as rewritten:
"(a) The sheriff shall make permit applications
readily available at the office of the sheriff or at other public offices in
the sheriff's jurisdiction. The permit application shall be in triplicate, in a
form to be prescribed by the Administrative Office of the Courts,State
Bureau of Investigation, and shall include the following information with
regard to the applicant: name, address, physical description, signature, date
of birth, social security number, military status, law enforcement status, and
the drivers license number or State identification card number of the applicant
if used for identification in applying for the permit."
SECTION 24.(b) G.S. 14‑415.17 reads as rewritten:
"§ 14‑415.17. Permit; sheriff to retain a list of permittees; confidentiality of list and permit application information; availability to law enforcement agencies.
(a) The permit shall be in a certificate form, as
prescribed by the Administrative Office of the Courts, State Bureau
of Investigation, that is approximately the size of a North Carolina
drivers license. It shall bear the signature, name, address, date of birth, and
the drivers license identification number used in applying for the permit.
(b) The sheriff shall maintain a listing, including the identifying information, of those persons who are issued a permit. Within five days of the date a permit is issued, the sheriff shall send a copy of the permit to the State Bureau of Investigation.
(c) Except as provided otherwise by this subsection, the list of permit holders and the information collected by the sheriff to process an application for a permit are confidential and are not a public record under G.S. 132‑1. The sheriff shall make the list of permit holders and the permit information available upon request to all State and local law enforcement agencies. The State Bureau of Investigation shall make the list of permit holders and the information collected by the sheriff to process an application for a permit available to law enforcement officers and clerks of court on a statewide system."
SECTION 24.5. G.S. 15‑11.1(b1)(4) reads as rewritten:
"(4) By ordering the firearm turned over to a law
enforcement agency in the county of trial for (i) the official use of the
agency or (ii) sale, trade, or exchange by the agency to a federally licensed
firearm dealer in accordance with all applicable State and federal firearm
laws. The court may order a disposition of the firearm pursuant to this subdivision
only upon the written request of the head or chief of the law enforcement
agency and only if the firearm has a legible, unique identification number.
If the law enforcement agency sells the firearm, then the proceeds of the sale
shall be remitted to the appropriate county finance officer as provided by G.S. 115C‑452
to be used to maintain free public schools. The receiving law enforcement
agency shall maintain a record and inventory of all firearms received pursuant
to this subdivision."
SECTION 25. Reserved.
SECTION 26.(a) G.S. 15A‑145.5(f) reads as rewritten:
"(f) Any other applicable State or local
government agency shall expunge from its records entries made as a result of
the conviction ordered expunged under this section upon receipt from the
petitioner of an order entered pursuant to this section. The agency shall also
vacate any administrative actions taken against a person whose record is
expunged under this section as a result of the charges or convictions expunged.
A person whose administrative action has been vacated by an occupational
licensing board pursuant to an expunction under this section may then reapply
for licensure and must satisfy the board's then current education and
preliminary licensing requirements in order to obtain licensure. This
subsection shall not apply to the Department of Justice for DNA records and
samples stored in the State DNA Database and the State DNA Databank or to
fingerprint records.Databank."
SECTION 26.(b) This Part is effective when it becomes law and applies to expunctions issued pursuant to G.S. 15A‑145.5 before, on, or after that date.
SECTION 27.(a) G.S. 15A‑150 reads as rewritten:
"§ 15A‑150. Notification requirements.
(a) Notification to AOC. – The clerk of superior court in each county in North Carolina shall, as soon as practicable after each term of court, file with the Administrative Office of the Courts the names of the following:
(1) Persons granted an expunction under this Article.
(2) Persons granted a conditional discharge under G.S. 14‑50.29.
(3) Persons granted a conditional discharge under G.S. 90‑96 or G.S. 90‑113.14.
(4) Repealed by Session Laws 2010‑174, s. 7, effective October 1, 2010.
(5) Persons granted a conditional discharge under G.S. 14‑204.
(b) Notification to Other State and Local Agencies. – The clerk of superior court in each county in North Carolina shall send a certified copy of an order granting an expunction to a person named in subsection (a) of this section to all of the agencies listed in this subsection. An agency receiving an order under this subsection shall expunge from its records all entries made as a result of the charge or conviction ordered expunged, except as provided in G.S. 15A‑151. The list of agencies is as follows:
(1) The sheriff, chief of police, or other arresting agency.
(2) When applicable, the Division of Motor Vehicles and the Division of Adult Correction of the Department of Public Safety.
(3) Any State or local agency identified by the petition as bearing record of the offense that has been expunged.
(4) The State Bureau of Investigation (SBI).
(c) Notification to SBI and FBI. – An
arresting agency that receives a certified copy of an order under this section
shall forward a copy of the order with the form supplied by the State Bureau of
Investigation to the State Bureau of Investigation. The State Bureau of
Investigation shall forward the order received under this section to the
Federal Bureau of Investigation.
(d) Notification to Private Entities. – A State agency that receives a certified copy of an order under this section shall notify any private entity with which it has a licensing agreement for bulk extracts of data from the agency criminal record database to delete the record in question. The private entity shall notify any other entity to which it subsequently provides in a bulk extract data from the agency criminal database to delete the record in question from its database."
SECTION 27.(b) This section becomes effective December 1, 2014, and applies to petitions filed on or after that date.
SECTION 28.(a) G.S. 15A‑1368.4(d) reads as rewritten:
"(d) Reintegrative Conditions. – Appropriate reintegrative conditions, for which a supervisee may receive earned time credits against the length of the supervision period, and repeated violation that may result in revocation of post‑release supervision, are:
….
(5) In the case of a supervisee who attended a basic
skills program during incarceration, continue attending a basic skills program
in pursuit of a General Education Development Degreean adult high
school equivalency diploma or adult high school diploma."
SECTION 28.(b) G.S. 15A‑1374(b) reads as rewritten:
"(b) Appropriate Conditions. – As conditions of parole, the Commission may require that the parolee comply with one or more of the following conditions:
….
(11c) In the case of a parolee who was attending a basic
skills program during incarceration, continue attending a basic skills program
in pursuit of a General Education Development Degree an adult high
school equivalency diploma or adult high school diploma.
…."
SECTION 28.(c) G.S. 90‑113.40(d1) reads as rewritten:
"(d1) The Board shall issue a certificate certifying an applicant as a "Certified Criminal Justice Addictions Professional", with the acronym "CCJP", if in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant:
….
(3) Has provided documentation of supervised work experience providing direct service to clients or offenders involved in one of the three branches of the criminal justice system, which include law enforcement, the judiciary, and corrections. The applicant must meet one of the following criteria:
a. Criteria A. – In addition to having a high school degree
diploma or GED, an adult high school equivalency diploma, the
applicant has a minimum of 6,000 hours of documented work experience in direct
services in criminal justice or addictions services or any combination of these
services that have been obtained during the past 10 years.
b. Criteria B. – In addition to having an associate degree, the applicant has a minimum of 5,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services obtained during the past 10 years.
c. Criteria C. – In addition to having at least a bachelors degree, the applicant has a minimum of 4,000 hours of documented work experience in direct services in criminal justice or addictions services, or any combination of these services, and this experience has been obtained during the past 10 years.
d. Criteria D. – In addition to having at least a masters degree in a human services field, the applicant has a minimum of 2,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services that has been obtained during the past 10 years.
e. Criteria E. – In addition to having at least a masters degree in a human services field with a specialty from a regionally accredited college or university that includes 180 hours of substance abuse specific education or training, the applicant has a minimum of 2,000 hours of postgraduate supervised substance abuse counseling experience.
f. Criteria F. – In addition to having obtained the credential of a certified clinical addictions specialist or other advanced credential in a human services field from an organization that has obtained deemed status with the Board, the applicant has a minimum of 1,000 hours of documented work experience in direct services in criminal justice or addictions services that has been obtained during the past 10 years.
…."
SECTION 28.(d) G.S. 108A‑29(n) reads as rewritten:
"(n) If after evaluation of an individual the
Division of Employment Security believes it necessary, the Division or the
county department of social services also may refer an individual to a Job
Preparedness provider. The local community college should include General
Education Development, adult high school equivalency diploma, Adult
Basic Education, or Human Resources Development programs that are already in
existence as a part of the Job Preparedness component. Additionally, the
Division or the county department of social services may refer an individual to
a literacy council. Through a Memorandum of Understanding between the Division
of Employment Security, the local department of social services, and other
contracted entities, a system shall be established to monitor an individual's
progress through close communications with the agencies assisting the
individual. The Division of Employment Security or Job Preparedness provider
shall adopt rules to accomplish this subsection."
SECTION 28.(e) G.S. 115D‑5(s) reads as rewritten:
"(s) The State Board of Community Colleges may
establish, retain and budget fees charged to students taking the General
Education Development (GED) an adult high school equivalency diploma test,
including fees for retesting. Fees collected for this purpose shall be used
only to (i) offset the costs of the GED test, including the cost of
scoring the test, (ii) offset the costs of printing GED certificates, adult
high school equivalency diplomas, and (iii) meet federal and State
reporting requirements related to the test."
SECTION 28.(f) G.S. 115D‑31.3(e) reads as rewritten:
"(e) Mandatory Performance Measures. – The State Board of Community Colleges shall evaluate each college on the following eight performance measures:
….
(2) Attainment of General Educational Development
(GED) adult high school equivalency diplomas by students.
…."
SECTION 28.(g) G.S. 116‑143.4 reads as rewritten:
"§ 116‑143.4. Admissions status of persons charged in‑State tuition.
A person eligible for the in‑State tuition rate
pursuant to this Article shall be considered an in‑State applicant for
the purpose of admission; provided that, a person eligible for in‑State
tuition pursuant to G.S. 116‑143.3(c) shall be considered an in‑State
applicant for the purpose of admission only if at the time of seeking admission
he is enrolled in a high school located in North Carolina or enrolled in a
general education development (GED) an adult high school equivalency
diploma program in an institution located in this State."
SECTION 28.(h) G.S. 162‑59.1 reads as rewritten:
"§ 162‑59.1. Person having custody to approve prisoners for participation in education and other programs.
The person having custody of a prisoner convicted of a
misdemeanor offense may approve that prisoner's participation in a general
education development diploma program (GED program) an adult high school
equivalency diploma program or in any other education, rehabilitation, or
training program. The person having custody of the prisoner may revoke this
approval at any time. For purposes of this section, the person having custody
of the prisoner is the sheriff, except that when the prisoner is confined in a
district confinement facility the person having custody of the prisoner is the
jail administrator."
SECTION 28.(i) G.S. 162‑60 reads as rewritten:
"§ 162‑60. Reduction in sentence allowed for work, education, and other programs.
(a) A prisoner who has faithfully performed the duties assigned to the prisoner under G.S. 162‑58 is entitled to a reduction in the prisoner's sentence of four days for each 30 days of work performed.
(b) A prisoner who is convicted of a misdemeanor offense
and housed in a local confinement facility and who faithfully participates in a
general education development diploma program (GED program) an adult
high school equivalency diploma program or in any other education,
rehabilitation, or training program is entitled to a reduction in the prisoner's
sentence of four days for each 30 days of classes attended, up to the maximum
credit allowed under G.S. 15A‑1340.20(d).
(c) The person having custody of the prisoner, as
defined in G.S. 162‑59, is the sole judge as to whether the prisoner
has faithfully performed the assigned duties under G.S. 162‑58 or
has faithfully participated in a GED an adult high school equivalency
diploma program or other education, rehabilitation, or training program
under subsection (b) of this section. A prisoner who escapes or attempts to
escape while performing work pursuant to G.S. 162‑58 or while
participating in a GED an adult high school equivalency diploma program
or other education, rehabilitation, or training program shall forfeit any
reduction in sentence that the prisoner would have been entitled to under this
section."
SECTION 28.3. G.S. 20‑4.01 reads as rewritten:
"§ 20‑4.01. Definitions.
Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:
…
(41a) Serious Traffic Violation. – A conviction of one of the following offenses when operating a commercial or other motor vehicle:
a. Excessive speeding, involving a single charge of any speed 15 miles per hour or more above the posted speed limit.
b. Careless and reckless driving.
c. A violation of any State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident.
d. Improper or erratic lane changes.
e. Following the vehicle ahead too closely.
f. Driving a commercial motor vehicle without obtaining a commercial drivers license.
g. Driving a commercial motor vehicle without a commercial drivers license in the driver's possession.
h. Driving a commercial motor vehicle without the proper class of commercial drivers license or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported.
i. Unlawful use of a mobile telephone under G.S. 20‑137.4A or Part 390 or Part 392 of Title 49 of the Code of Federal Regulations while operating a commercial motor vehicle.
…."
SECTION 28.5.(a) G.S. 20‑37.13(a) reads as rewritten:
"(a) No person shall be issued a commercial drivers
license unless the person:meets all of the following requirements:
(1) Is a resident of this State;State.
(2) Is 21 years of age;age.
(3) Has passed a knowledge test and a skills test for
driving a commercial motor vehicle that comply with minimum federal standards
established by federal regulation enumerated in 49 C.F.R., Part 383, Subparts
F, G and H; and Subparts F, G, and H.
(4) Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act in addition to other requirements of this Chapter or federal regulation.
(5) Has held a commercial learner's permit for a minimum of fourteen days.
For the purpose of skills testing and determining commercial drivers license classification, only the manufacturer's GVWR shall be used.
The tests shall be prescribed and conducted by the Division. Provided, a person who is at least 18 years of age may be issued a commercial drivers license if the person is exempt from, or not subject to, the age requirements of the federal Motor Carrier Safety Regulations contained in 49 C.F.R., Part 391, as adopted by the Division."
SECTION 28.5.(b) G.S. 20‑37.13 is amended by adding two new subsections to read:
"(g) The issuance of a commercial driver learner's permit is a precondition to the initial issuance of a commercial drivers license. The issuance of a commercial driver learner's permit is also a precondition to the upgrade of a commercial drivers license if the upgrade requires a skills test.
(h) The Division shall promptly notify any driver who fails to meet the medical certification requirements in accordance with 49 C.F.R. § 383.71. The Division shall give the driver 60 days to provide the required documentation. If the driver fails to provide the required commercial drivers license medical certification documentation within the period allowed, the Division shall automatically downgrade a commercial driver license to a class C regular driver license."
SECTION 29.(a) G.S. 20‑58.4A(a) reads as rewritten:
"(a) Implementation. – No later than July 1,
2014, January 1, 2015, the Division shall implement a statewide
electronic lien system to process the notification, release, and maintenance of
security interests and certificate of title data where a lien is notated,
through electronic means instead of paper documents otherwise required by this
Chapter. The Division may contract with a qualified vendor or vendors to
develop and implement this statewide electronic lien system, or the Division
may develop and make available to qualified service providers a well‑defined
set of information services that will enable secure access to the data and
internal application components necessary to facilitate the creation of an
electronic lien system."
SECTION 29.(b) G.S. 20‑58.4A(i) reads as rewritten:
"(i) Mandatory Participation. – Beginning July
1, 2015, January 1, 2016, all individuals and lienholders who are
normally engaged in the business or practice of financing motor vehicles, and
who conduct at least five transactions annually, shall utilize the electronic
lien system implemented in subsection (a) of this section to record information
concerning the perfection and release of a security interest in a vehicle."
SECTION 30. G.S. 20‑79(d) reads as rewritten:
"(d) Restrictions on Use. – A dealer license plate may be displayed only on a motor vehicle that meets all of the following requirements:
….
(5) Is driven on a highway by a person who meets one of the following descriptions:
…
f. Is an officer, sales representative, or other
employee of a an independent or franchised motor vehicle dealer
or is an immediate family member of an officer, sales representative, or other
employee of a an independent or franchised motor vehicle dealer.
…."
SECTION 31. G.S. 24‑1.1A(e) reads as rewritten:
"(e) The term "home loan" shall mean a
loan, other than an open‑end credit plan, where the principal amount is
less than three hundred thousand dollars ($300,000) secured by a first mortgage
or first deed of trust on real estate upon which there is located or there is
to be located one or more single‑family dwellings or dwelling units.units,
or secured by an equivalent first security interest in a manufactured home."
SECTION 32. G.S. 28A‑19‑1(c) reads as rewritten:
"(c) In an action pending against the decedent at
the time of the decedent's death, which action survives at law, the court may
order the substitution of the personal representative or collector for the
decedent on motion therefor and that motion will constitute the presentation of
a claim, provided that substitution occurs within the time specified for the
presentation of claims under G.S. 28A‑19‑3, any claim
pending in the action, provided that the substitution or a motion for
substitution is made within the time specified for the presentation of claims
under G.S. 28A‑19‑3, and no further presentation is
necessary. Such claim will be deemed to have been presented from the time of
the substitution, or motion therefor. Neither the timely substitution of the
personal representative nor timely motion therefor as provided in this subsection
extends the time for filing additional claims."
SECTION 32.5. G.S. 28A‑21‑2.2(a)(2) reads as rewritten:
"(2) The date by which an action for recovery of a
rejected claim must be commenced under G.S. 28A‑19‑6.G.S. 28A‑19‑16."
SECTION 33.(a) Article 2 of Chapter 39 of the General Statutes is amended by adding a new section to read:
"§ 39‑13.7. Tenancy by the entireties trusts in real property.
Any real property held by a husband and wife as a tenancy by the entireties and conveyed to their joint revocable or irrevocable trust, or to their separate revocable or irrevocable trusts, shall have the same immunity from the claims of the spouses' separate creditors as would exist if the spouses had continued to hold the property as a tenancy by the entireties, so long as (i) the spouses remain husband and wife, (ii) the real property continues to be held in the trust or trusts, and (iii) the spouses remain the beneficial owners of the real property."
SECTION 33.(b) This section becomes effective January 1, 2015, and applies to real property transferred to a trust on or after that date.
SECTION 34. G.S. 41‑23(h) reads as rewritten:
"(h) The provisions of G.S. 41‑15
and G.S. 41‑15, the common law rule against perpetuities
perpetuities, and the common law rule against accumulations do not
apply to trusts created or administered in this State."
SECTION 35. Reserved.
SECTION 36. G.S. 45A‑4(a) reads as rewritten:
"(a) The settlement agent shall cause recordation
of the deed, if any, the deed of trust or mortgage, or other loan documents
required to be recorded at settlement. The settlement agent shall not disburse
any of the closing funds prior to the recordation of any deeds or loan
documents required to be filed by the lender, if applicable, and verification
that the closing funds used to fund disbursement are deposited in the
settlement agent's trust or escrow account in one or more forms prescribed by
this Chapter. A settlement agent may disburse funds from the settlement
agent's trust or escrow account (to either the applicable register of deeds or
directly to a private company authorized to electronically record documents
with the office of the register of deeds) as necessary to record any deeds,
deeds of trust and any other documents required to be filed in connection with
the closing, including excise tax (revenue stamps) and recording fees, but the
settlement agent may not disburse any other funds from its trust or escrow
account until the deeds, deeds of trust and other required loan documents have been
recorded in the office of the register of deeds. Unless otherwise provided
in this Chapter, a settlement agent shall not cause a disbursement of
settlement proceeds unless those settlement proceeds are collected funds.
Notwithstanding that a deposit made by a settlement agent to its trust or
escrow account does not constitute collected funds, the settlement agent may
cause a disbursement of settlement proceeds from its trust or escrow account in
reliance on that deposit if the deposit is in one or more of the following
forms:
(1) A certified check;
(2) A check issued by the State, the United States, a political subdivision of the State, or an agency or instrumentality of the United States, including an agricultural credit association;
(3) A cashier's check, teller's check, or official bank check drawn on or issued by a financial institution insured by the Federal Deposit Insurance Corporation or a comparable agency of the federal or state government;
(4) A check drawn on the trust account of an attorney licensed to practice in the State of North Carolina;
(5) A check or checks drawn on the trust or escrow account of a real estate broker licensed under Chapter 93A of the General Statutes;
(6) A personal or commercial check or checks in an aggregate amount not exceeding five thousand dollars ($5,000) per closing if the settlement agent making the deposit has reasonable and prudent grounds to believe that the deposit will be irrevocably credited to the settlement agent's trust or escrow account;
(7) A check drawn on the account of or issued by a mortgage banker licensed under Article 19A of Chapter 53 of the General Statutes that has posted with the Commissioner of Banks a surety bond in the amount of at least three hundred thousand dollars ($300,000). The surety bond shall be in a form satisfactory to the Commissioner and shall run to the State for the benefit of any settlement agent with a claim against the licensee for a dishonored check."
SECTION 37. G.S. 50‑13.4(c1) reads as rewritten:
"(c1) Effective July 1, 1990, the Conference of
Chief District Judges shall prescribe uniform statewide presumptive guidelines
for the computation of child support obligations of each parent as provided in
Chapter 50 or elsewhere in the General Statutes and shall develop criteria for
determining when, in a particular case, application of the guidelines would be
unjust or inappropriate. Prior to May 1, 1990 these guidelines and criteria
shall be reported to the General Assembly by the Administrative Office of the
Courts by delivering copies to the President Pro Tempore of the Senate and the
Speaker of the House of Representatives. The purpose of the guidelines and
criteria shall be to ensure that payments ordered for the support of a minor
child are in such amount as to meet the reasonable needs of the child for
health, education, and maintenance, having due regard to the estates, earnings,
conditions, accustomed standard of living of the child and the parties, the
child care and homemaker contributions of each party, and other facts of the
particular case. The guidelines shall include a procedure for setting child
support, if any, in a joint or shared custody arrangement which shall reflect
the other statutory requirements herein.
Periodically, but at least once every four years, the Conference of Chief District Judges shall review the guidelines to determine whether their application results in appropriate child support award amounts. The Conference may modify the guidelines accordingly. The Conference shall give the Department of Health and Human Services, the Administrative Office of the Courts, and the general public an opportunity to provide the Conference with information relevant to the development and review of the guidelines. Any modifications of the guidelines or criteria shall be reported to the General Assembly by the Administrative Office of the Courts before they become effective by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The guidelines, when adopted or modified, shall be provided to the Department of Health and Human Services and the Administrative Office of the Courts, which shall disseminate them to the public through local IV‑D offices, clerks of court, and the media.
Until July 1, 1990, the advisory guidelines adopted by the
Conference of Chief District Judges pursuant to this subsection as formerly
written shall operate as presumptive guidelines and the factors adopted by the
Conference of Chief District Judges pursuant to this subsection as formerly
written shall constitute criteria for varying from the amount of support
determined by the guidelines."
SECTION 38.(a) G.S. 50A‑370(a) reads as rewritten:
"(a) After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 521‑522. A court may not issue a permanent order granting custodial responsibility in the absence of the deploying parent without the consent of the deploying parent."
SECTION 38.(b) G.S. 50A‑379(a) reads as rewritten:
"(a) Except for an order in accordance with G.S. 50A‑373 or as otherwise provided in subsection (b) of this section, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 521‑522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision‑making authority, or limited contact has been granted, the court may modify or terminate a grant of caretaking authority, decision‑making authority, or limited contact made pursuant to this Article if the modification or termination is consistent with this Part and the court finds it is in the best interest of the child. Any modification shall be temporary and terminates following the conclusion of deployment of the deployed parent according to the procedures under Part 4 of this Article, unless the grant has been terminated before that time by court order."
SECTION 38.(c) G.S. 50A‑385(c) reads as rewritten:
"(c) In the absence of an agreement to terminate,
the temporary agreement granting custodial responsibility terminates 60 days
from the date of one of the following:
(1) The date the deploying parent gives
notice to the other parent that the deploying parent has returned from
deployment.
(2) The date stated in an order terminating
the temporary grant of custodial responsibility.
(3) The death of the deploying parent.the
deploying parent gives notice to the other parent that the deploying parent has
returned from deployment, unless earlier terminated upon the date stated in an
order terminating the temporary grant of custodial responsibility or the death
of the deploying parent."
SECTION 38.(d) G.S. 50A‑388(a) reads as rewritten:
"(a) A temporary order for custodial
responsibility issued under Part 3 of this Article shall terminate, if no
agreement between the parties to terminate a temporary order for custodial
responsibility has been filed, 60 days from (i) the date the deploying
parent gives notice of having returned from deployment to the other parent or
and any nonparent granted custodial responsibility responsibility,
when applicable, or (ii) upon the death of the deploying parent.parent,
whichever occurs first."
SECTION 39. G.S. 53‑244.050(b)(1a) reads as rewritten:
"(1a) Each individual applicant for licensure as a transitional mortgage loan originator shall:
a. Be at least 18 years of age;
b. Have an active license to originate mortgage loans
pursuant to the laws of any state or territory of the United States other than
North Carolina;Carolina or be a registered loan originator;
c. Have a valid unique identifier, registration, and fingerprints on file with the Nationwide Mortgage Licensing System and Registry;
d. Have been employed for a period of no less than two years as a mortgage loan originator; and
e. Have provided certification of employment with a mortgage lender or mortgage broker licensed under this Article, including an attestation by the employer that the applicant is in his or her employ."
SECTION 39.2. G.S. 58‑2‑46(4) is repealed.
SECTION 39.4. G.S. 66‑58(b) reads as rewritten:
"(b) The provisions of subsection (a) of this section shall not apply to:
. . .
(8b) North Carolina Center for the Advancement of Teaching (NCCAT) with regard to:
a. Agreements for the use of NCCAT's facilities, equipment, services, and staff, for meetings and educational programs provided by State agencies, the constituent institutions of The University of North Carolina and the North Carolina Community College System, public schools, units of local government, and nonprofit corporations.
b. The provision of housing and meals to participants in these meetings and programs.
…."
SECTION 39.5.(a) G.S. 74F‑16 reads as rewritten:
"§ 74F‑16. Exemptions.
The provisions of this Chapter do not apply to:
…
(6) A merchant, or retail or hardware store, when the
merchant or store does not purport to be a locksmith and lawfully (i) rekeys a
lock at the time of sale of the lock, (ii) duplicates a key, except for
duplicating a transponder‑type key that requires programming, or (iii)
installs as a service a lock on a door if both the door and lock were purchased
from the same merchant.store, so long as all of the following apply:
a. It is lawfully duplicating keys or installing, servicing, repairing, rebuilding, reprograming, rekeying, or maintaining locks in the normal course of its business.
b. It maintains a physical location in this State.
c. It maintains a sales and use tax permit in accordance with G.S. 105‑164.16.
d. It does not represent itself as a locksmith.
…."
SECTION 39.5.(b) If Senate Bill 734, 2013 Regular Session, becomes law, Section 2.5 is repealed.
SECTION 39.7. G.S. 86A‑15(b) reads as rewritten:
"§ 86A‑15. Sanitary rules and regulations; inspections.
"(b) All barbershops, barber schools and colleges, and any other place where barber service is rendered, shall be open for inspection at all times during business hours to any members of the Board of Barber Examiners or its agents or assistants. Initial inspections conducted by the Board pursuant to this Chapter shall not be delayed if the sole reason for delay is the lack of a certificate of occupancy by a unit of local government. A copy of the sanitary rules and regulations set out in this section shall be furnished by the Board to the owner or manager of each barbershop or barber school, or any other place where barber service is rendered in the State, and that copy shall be posted in a conspicuous place in each barbershop or barber school. The Board shall have the right to make additional rules and regulations governing barbers and barbershops and barber schools for the proper administration and enforcement of this section, but no such additional rules or regulations shall be in effect until those rules and regulations have been furnished to each barbershop within the State."
SECTION 40. G.S. 90‑85.15B reads as rewritten:
"§ 90‑85.15B. Immunizing pharmacists.
(a) Except as provided in subsection (b) and (c) of this section, an immunizing pharmacist may administer vaccinations or immunizations only if the vaccinations or immunizations are recommended or required by the Centers for Disease Control and Prevention and administered to persons at least 18 years of age pursuant to a specific prescription order.
(b) An immunizing pharmacist may administer the vaccinations or immunizations listed in subdivisions (1) through (5) of this subsection to persons at least 18 years of age if the vaccinations or immunizations are administered under written protocols as defined in 21 NCAC 46 .2507(b)(12) and 21 NCAC 32U .0101(b)(12) and in accordance with the supervising physician's responsibilities as defined in 21 NCAC 46 .2507(e) and 21 NCAC 32U .0101(e), and the physician is licensed in and has a practice physically located in North Carolina:
(1) Pneumococcal polysaccharide or pneumococcal conjugate vaccines.
(2) Herpes zoster vaccine.
(3) Hepatitis B vaccine.
(4) Meningococcal polysaccharide or meningococcal conjugate vaccines.
(5) Tetanus‑diphtheria, tetanus and diphtheria toxoids and pertussis, tetanus and diphtheria toxoids and acellular pertussis, or tetanus toxoid vaccines. However, a pharmacist shall not administer any of these vaccines if the patient discloses that the patient has an open wound, puncture, or tissue tear.
(c) An immunizing pharmacist may administer the influenza vaccine to persons at least 14 years of age pursuant to 21 NCAC 46 .2507 and 21 NCAC 32U .0101.
(d) An immunizing pharmacist who administers a vaccine or immunization to any patient pursuant to this section shall do all of the following:
(1) Maintain a record of any vaccine or immunization administered to the patient in a patient profile.
(2) Within 72 hours after administration of the vaccine or immunization, notify any primary care provider identified by the patient. If the patient does not identify a primary care provider, the immunizing pharmacist shall direct the patient to information describing the benefits to a patient of having a primary care physician, prepared by any of the following: North Carolina Medical Board, North Carolina Academy of Family Physicians, North Carolina Medical Society, or Community Care of North Carolina.
(3) Except for influenza vaccines administered under G.S. 90‑85.15B(b)(6),
G.S. 90‑85.15B(c), access the North Carolina Immunization
Registry prior to administering the vaccine or immunization and record any
vaccine or immunization administered to the patient in the registry within 72
hours after the administration. In the event the registry is not operable, an immunizing
pharmacist shall report as soon as reasonably possible."
SECTION 41.(a) G.S. 90‑95(d1) reads as rewritten:
"(d1) (1) Except as authorized by this Article, it is unlawful for any person to:
a. Possess an immediate precursor chemical with intent to manufacture a controlled substance; or
b. Possess or distribute an immediate precursor
chemical knowing, or having reasonable cause to believe, that the immediate
precursor chemical will be used to manufacture a controlled substance; [or]
or
c. Possess a pseudoephedrine product if the person has a prior conviction for the possession or manufacture of methamphetamine.
Any Except where the conduct is covered
under subdivision (2) of this subsection, any person who violates this subsection
subdivision shall be punished as a Class H felon, unless the
immediate precursor is one that can be used to manufacture methamphetamine.felon.
(2) Except as authorized by this Article, it is unlawful for any person to:
a. Possess an immediate precursor chemical with intent to manufacture methamphetamine; or
b. Possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture methamphetamine.
Any person who violates this subdivision shall be punished as a Class F felon."
SECTION 41.(b) This section becomes effective October 1, 2014 and applies to offenses committed on or after that date.
SECTION 42.(a) G.S. 90D‑5(b)(6) reads as rewritten:
"(b) Composition and Terms. – The Board shall consist of nine members who shall serve staggered terms. The initial Board members shall be selected on or before July 1, 2003, as follows:
…
(6) A member of Self Help for Hard of Hearing (SHHH)
the Hearing Loss Association of America‑North Carolina State
Association (HLAA‑NC) with knowledge of the interpreting process and
deafness. This member shall be appointed by the General Assembly, upon
recommendation of the President Pro Tempore of the Senate, and serve for a term
of three years.
…."
SECTION 42.(b) G.S. 90D‑7 reads as rewritten:
"§ 90D‑7. Requirements for licensure.
(a) Upon application to the Board and the payment of the required fees, an applicant may be licensed as an interpreter or transliterator if the applicant meets all of the following qualifications:
(1) Is 18 years of age or older.
(2) Is of good moral character as determined by the Board.
(3) Meets one of the following criteria:
a. Holds a valid National Association of the Deaf (NAD), level 4 or 5 certification.
b. Is nationally certified by the Registry of Interpreters for the Deaf, Inc., (RID).
c. Has a national certification recognized by the
National Cued Speech Association (NCSA).Holds a valid Testing,
Evaluation and Certification Unit, Inc., (TECUnit) national certification in
cued language transliteration.
d. Holds a quality assurance North Carolina Interpreter Classification System (NCICS) level A or B classification in effect on January 1, 2000.
e. Holds a current Cued Language Transliterator State Level Assessment (CLTSLA) level 3 or above classification.
(b) Effective July 1, 2008, any person who
applies for initial licensure as an interpreter or transliterator shall hold at
least a two‑year degree from a regionally accredited institution.
(c) The Department of Justice may provide a criminal record check to the Board for a person who has applied for a new, provisional, or renewal license through the Board. The Board shall provide to the Department of Justice, along with the request, the fingerprints of the applicant, any additional information required by the Department of Justice, and a form signed by the applicant consenting to the check of the criminal record and to the use of the fingerprints and other identifying information required by the State or national repositories. The applicant's fingerprints shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a national criminal history check. The Board shall keep all information pursuant to this subdivision privileged, in accordance with applicable State law and federal guidelines, and the information shall be confidential and shall not be a public record under Chapter 132 of the General Statutes.
The Department of Justice may charge each applicant a fee for conducting the checks of criminal history records authorized by this subsection."
SECTION 42.(c) G.S. 90D‑8 reads as rewritten:
"§ 90D‑8. Provisional license.
(a) Upon application to the Board and the payment of the required fees, an applicant may be issued a one‑time provisional license as an interpreter or transliterator if the applicant meets all of the following qualifications:
(1) Is at least 18 years of age.
(2) Is of good moral character as determined by the Board.
(3) Completes two continuing education units approved by the Board. These units must be completed for each renewable year.
(4) Satisfies one of the following:
a. Holds a quality assurance North Carolina Interpreter Classification System (NCICS) level C classification.
b. Holds a valid National Association of the Deaf (NAD) level 2 or 3 certification.
c. Holds a current Educational Interpreter Performance Assessment (EIPA) level 3 or above classification.
d. Repealed by Session Laws 2005‑299, s. 2, effective August 22, 2005.
e. Holds at least a two‑year interpreting degree from a regionally accredited institution.
(a1) Upon application to the Board, payment of the required fees, and meeting the requirements for a provisional license under subdivisions (1) and (2) of subsection (a) of this section, the Board may also issue a provisional license to any of the following categories of persons seeking a provisional license:
(1) A certified deaf interpreter (CDI) who completes
30 hours of training, including "Role and Function", "Code of
Ethics", and interpreting professional studies coursework.A deaf
interpreter who completes 16 hours of training in interpreting coursework or
workshops, including role and function or ethics, and 20 hours in the 12 months
immediately preceding the date of application in the provision of interpreting
services.
(2) An oral interpreter who completes a total of 40 hours of training in interpreting coursework or workshops related to oral interpreting.
(3) A person providing cued speech interpreting or
transliterating services who completes a total of 40 hours of training in
interpreting coursework or workshops related to cued speech.A cued
language transliterator who holds a current Cued Language Transliterator State
Level Assessment (CLTSLA) level 2 classification.
(4) A person providing interpreting or transliterating services who has a recognized credential from another state in the field of interpreting or transliterating.
(5) An interpreter or transliterator who has accumulated 200 hours per year in the provision of interpreting or transliterating services, in this State or another state, totaling 400 hours for the two years immediately preceding the date of application.
(b) A provisional license issued under this section shall be valid for one year. Upon expiration, a provisional license may be renewed for an additional one‑year period in the discretion of the Board. However, a provisional license shall not be renewed more than three times. The Board may, in its discretion, grant an extension after the third time the provisional license has been renewed under circumstances to be established in rules adopted by the Board.
(c) Effective July 1, 2008, any person who
applies for initial licensure on a provisional basis as an interpreter or
transliterator shall hold at least a two‑year degree from a regionally
accredited institution."
SECTION 42.3.(a) G.S. 93D‑1.1 reads as rewritten:
"§ 93D‑1.1. Hearing aid specialist; scope of practice.
The scope of practice of a hearing aid specialist regulated pursuant to this Chapter shall include the following activities:
…
(12) Taking Making ear impressions, and
preparing, designing, and modifying ear molds.
…
(14) Providing supervision and in‑service training
for those entering the hearing aid dispensing profession. apprentices
in fitting and selling hearing aids.
(15) Providing hearing health education.
(16) Providing community services for
individuals with hearing loss and the deaf."
SECTION 42.3.(b) G.S. 93D‑3(d) reads as rewritten:
"(d) Members of the Board shall be entitled to travel, per diem, and other expenses authorized by G.S. 93B‑5. The expenses shall be paid from the fees and assessments received by the Board under the provisions of this Chapter. No part of these expenses or any other expenses of the Board, in any manner whatsoever, shall be paid out of the State treasury. All moneys received in excess of expense allowance and mileage, as above provided, shall be held by the secretary‑treasurer as a special fund for meeting other expenses of the Board and carrying out the provisions of this Chapter.
(e) The Board shall make an annual report of its proceedings in accordance with G.S. 93B‑2."
SECTION 42.3.(c) G.S. 93D‑15 reads as rewritten:
"§ 93D‑15. Violation of Chapter.
Any person who violates any of the provisions of this Chapter
and any person who holds himself out to the public as a hearing aid specialist
without having first obtained a license or apprenticeship registration as
provided for herein shall be deemed is guilty of a Class 2
misdemeanor."
SECTION 42.7.(a) G.S. 106‑568.43 reads as rewritten:
"§ 106‑568.43. Referendum.
(a) The Association may conduct among tobacco growers
a referendum upon the question of whether an assessment shall be levied on
tobacco sold produced in this State.
(b) The Association shall determine the amount of the proposed assessment and the date by which the referendum ballot must be returned by mail as provided in this section.
(c) The amount of the proposed assessment shall be
stated on the referendum ballot. The amount may not exceed fifteen cents (15¢)
for each hundred pounds of tobacco marketed produced in this
State. If the assessment is approved in the referendum, the Association may set
the assessment at an amount equal to or less than the amount stated on the
ballot. If the Association sets a lower amount than the amount approved by
referendum, it may increase the amount annually without a referendum by no more
than one cent (1¢) for each hundred pounds of tobacco marketed.produced
in this State. The increased rate may not exceed the amount approved by
referendum and may not exceed the maximum allowable rate of fifteen cents (15¢)
for each hundred pounds.
(d) The Association shall mail a referendum ballot to all known tobacco growers in the State for whom the Association has a current and valid mailing address at least three months prior to the date the ballot must be returned. Additionally, the Association must, for the greater of three months or 90 days before the date the ballot must be returned, (i) provide a printable referendum ballot on the Association's official Web site and (ii) make hard copies of the referendum ballot available at all county North Carolina Cooperative Extension Service offices. The ballots shall be returned to the Commissioner of Agriculture by the date set by the Association. The Department shall be responsible for counting the votes and reporting the results of the referendum to the Association.
(e) All tobacco growers may vote in the referendum. Any dispute over eligibility to vote or any other matter relating to the referendum shall be determined by the Association. The Association shall make reasonable efforts to provide tobacco growers with notice of the referendum and an opportunity to vote."
SECTION 42.7.(b) G.S. 106‑568.44 reads as rewritten:
"§ 106‑568.44. Payment and collection of assessment.
(a) The assessment shall not be collected unless more than two‑thirds of the votes cast in the referendum are in favor of the assessment. If more than two‑thirds of the votes cast in the referendum are in favor of the assessment, then the Association shall notify the Department of the amount of the assessment and the effective date of the assessment. The Department shall notify all tobacco buyers of the assessment.
(b) Each tobacco producer grower shall
pay the assessment on all tobacco produced in this State and sold to a
buyer.
(c) A buyer shall collect the assessment when buying
tobacco produced in this State by deducting the assessment from the
price paid to the producer.grower. The buyer shall remit
collected assessments to the Department no later than the 10th day of the
following month. The Department shall provide forms to buyers for reporting the
assessment. If the total assessments collected by a buyer in a month are less
than twenty‑five dollars ($25.00), the buyer may keep the assessments
until the total amount due is at least twenty‑five dollars ($25.00) or
the end of the calendar quarter, whichever comes first. All buyers shall file
at least one report in each calendar quarter in which they purchase tobacco
from a producer,grower, regardless of the amount due.
(d) A buyer shall keep records of the amount of tobacco purchased and the date purchased. All information or records regarding purchases of tobacco by individual buyers shall be kept confidential by employees or agents of the Department and the Association and shall not be disclosed except by court order.
(e) The Association may bring an action to recover any unpaid assessments, plus the reasonable costs, including attorneys' fees, incurred in the action."
SECTION 43. Article 68 of Chapter 106 of the General Statutes is repealed.
SECTION 44.(a) G.S. 108A‑116 reads as rewritten:
"§ 108A‑116. Production of customers' financial records in cases of suspected financial exploitation; immunity; records may not be used against account owner.
(a) An investigating entity may, under the conditions
specified in this section, obtain petition the district court to
issue a subpoena directing a financial institution to provide to the
investigating entity the financial records of a disabled adult or older adult
customer. The petition shall be filed in the county of residence of the
disabled adult or older adult customer whose financial records are being
subpoenaed. The court shall hear the case within two business days after the
filing of the petition. The court shall issue the subpoena may be
issued by any judge of the superior court, judge of the district court, or
magistrate in the county of residence of the disabled adult or older adult
customer whose financial records are being subpoenaed, upon finding that
all of the following conditions are met:
(1) The investigating entity is investigating, pursuant to the investigating entity's statutory authority, a credible report that the disabled adult or older adult is being or has been financially exploited.
(2) The disabled adult's or older adult's financial records are needed in order to substantiate or evaluate the report.
(3) Time is of the essence in order to prevent further exploitation of that disabled adult or older adult.
(b) Delivery of the subpoena may be effected by hand, via certified mail, return receipt requested, or through a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) and may be addressed to the financial institution's local branch or office vice president, its local branch or office manager or assistant branch or office manager, or the agent for service of process listed by the financial institution with the North Carolina Secretary of State or, if there is none, with the agent for service of process listed by the financial institution in any state in which it is domiciled.
(b1) A financial institution may challenge the subpoena by filing a motion to quash or modify the subpoena within two business days after receipt of delivery of the subpoena pursuant to subsection (b). The subpoena may be challenged only for the following reasons:
(1) There is a procedural defect with the subpoena.
(2) The subpoena contains insufficient information to identify the records subject to the subpoena.
(3) The financial institution is otherwise prevented from promptly complying with the subpoena.
(4) The petition was filed or subpoena requested for an improper purpose or based upon insufficient grounds.
Within two business days after the motion is filed, the court shall hear the motion and issue an order upholding, modifying, or quashing the subpoena.
(c) A Upon receipt of a subpoena delivered
pursuant to subsection (b) or, if the subpoena is challenged pursuant to
subsection (b1), entry of a court order upholding or modifying a subpoena, a
financial institution shall promptly provide to the head of an investigating
entity, or his or her designated agent, the financial records of a disabled
adult or older adult customer upon receipt of a subpoena delivered pursuant to
subsection (b) of this section identifying the disabled adult or older adult
customer.
(d) All produced copies of the disabled adult's or
older adult's financial records, as well as any information obtained pursuant
to the duty to report found in G.S. 108A‑115, shall be kept
confidential by the investigating entity unless required by court rulesorder
to be disclosed to a party to a court proceeding or introduced and admitted
into evidence in an open court proceeding.
(e) No financial institution or investigating entity, or officer or employee thereof, who acts in good faith in providing, seeking, or obtaining financial records or any other information in accordance with this section, or in providing testimony in any judicial proceeding based upon the contents thereof, may be held liable in any action for doing so.
(f) No customer may be subject to indictment, criminal prosecution, criminal punishment, or criminal penalty by reason of or on account of anything disclosed by a financial institution pursuant to this section, nor may any information obtained through such disclosure be used as evidence against the customer in any criminal or civil proceeding. Notwithstanding the foregoing, information obtained may be used against a person who is a joint account owner accused of financial exploitation of a disabled adult or older adult joint account holder, but solely for criminal or civil proceedings directly related to the alleged financial exploitation of the disabled adult or older adult joint account holder.
(g) The petition and the court's entire record of the proceedings under this section is not a matter of public record. Records qualifying under this subsection shall be maintained separately from other records, shall be withheld from public inspection, and may be examined only by order of the court."
SECTION 44.(b) G.S. 108A‑117 reads as rewritten:
"§ 108A‑117. Notice to customer; delayed notice.
(a) Upon the issuance of a subpoena pursuant to G.S. 108A‑116, the investigating entity shall immediately provide the customer with written notice of its action by first‑class mail to the customer's last known address, unless an order for delayed notice is obtained pursuant to subsection (b) of this section. The notice shall be sufficient to inform the customer of the name of the investigating entity that has obtained the subpoena, the financial records subject to production pursuant to the subpoena, and the purpose of the investigation.
(b) An investigating entity may include in its
application for a subpoena pursuant to G.S. 108A‑116 a request for
an order delaying the customer notice required pursuant to subsection (a) of this
section. The judge or magistrate court issuing the subpoena may
order a delayed notice in accordance with subsection (c) of this section if it
finds, based on affidavit or oral testimony under oath or affirmation before
the issuing judge or magistrate court, that all of the following
conditions are met:
(1) The investigating entity is investigating a credible report that the adult is being or has been financially exploited.
(2) There is reason to believe that the notice will result in at least one of the following:
a. Endangering the life or physical safety of any person.
b. Flight from prosecution.
c. Destruction of or tampering with evidence.
d. Intimidation of potential witnesses.
e. Serious jeopardy to an investigation or official proceeding.
f. Undue delay of a trial or official proceeding.
(c) Upon making the findings required in subsection
(b) of this section, the judge or magistrate court shall enter an
ex parte order granting the requested delay for a period not to exceed 30 days.
If the court finds there is reason to believe that the notice may endanger the
life or physical safety of any person, the court may order that the delay be
for a period not to exceed 180 days. An order delaying notice shall direct
that:
(1) The financial institution not disclose to any person the existence of the investigation, of the subpoena, or of the fact that the customer's financial records have been provided to the investigating entity for the duration of the period of delay authorized in the order;
(2) The investigating entity deliver a copy of the order to the financial institution along with the subpoena that is delivered pursuant to G.S. 108‑116(b); and
(3) The order be sealed until otherwise ordered by the
judge or magistrate. court.
(d) Upon application by the investigating entity,
further extensions of the delay of notice may be granted by order of a judge
or magistrate court in the county of residence of the disabled adult
or older adult customer whose financial records are being subpoenaed, upon a
finding of the continued existence of the conditions set forth in subdivisions
(1) and (2) of subsection (b) of this section, and subject to the requirements
of subsection (c) of this section. If the initial delay was granted for a
period not to exceed 30 days, the delay may be extended by additional periods
of up to 30 days each and the total delay in notice granted under this section
shall not exceed 90 days. If the initial delay was granted for a period not to
exceed 180 days, the delay may be extended by additional periods of up to 180
days each and may continue to be extended until the court finds the notice
would no longer endanger the life or physical safety of any person.
(e) Upon the expiration of the period of delay of notice granted under this section, including any extensions thereof, the customer shall be served with a copy of the notice required by subsection (a) of this section."
SECTION 44.(c) G.S. 7A‑246 reads as rewritten:
"§ 7A‑246. Special proceedings; exceptions; guardianship and trust administration.
The superior court division is the proper division, without
regard to the amount in controversy, for the hearing and trial of all special
proceedings except proceedings under the Protection of the Abused, Neglected or
Exploited Disabled Adult Act (Chapter 108A, Article 6, of the General
Statutes), (Article 6 of Chapter 108A of the General Statutes), proceedings
for the protection of disabled and older adults from financial exploitation (Article
6A of Chapter 108A of the General Statutes), proceedings for involuntary
commitment to treatment facilities (Chapter 122C, Article 5, (Article
5 of Chapter 122C of the General Statutes), adoption proceedings (Chapter
48 of the General Statutes) and of all proceedings involving the appointment of
guardians and the administration by legal guardians and trustees of express
trusts of the estates of their wards and beneficiaries, according to the
practice and procedure provided by law for the particular proceeding."
SECTION 44.(d) The Administrative Office of the Courts shall develop the appropriate forms and procedures to implement the processes provided under G.S. 108A‑116 and G.S. 108A‑117.
SECTION 44.(e) This section is effective when it becomes law and applies to petitions for a subpoena filed on or after that date.
SECTION 45.(a) G.S. 114‑15.1 reads as rewritten:
"§ 114‑15.1. Department heads to report possible violations of criminal statutes involving misuse of State property to State Bureau of Investigation.
Any person employed by the State of North Carolina, its
agencies or institutions, who receives any information or evidence of an
attempted arson, or arson, damage of, theft from, or theft of, or embezzlement
from, or embezzlement of, or misuse of, any state‑owned personal
property, buildings or other real property, shall as soon as possible, but not
later than three days from receipt of the information or evidence, report such
information or evidence to his immediate supervisor, who shall in turn report
such information or evidence to the head of the respective department, agency,
or institution. The head of any department, agency, or institution receiving
such information or evidence shall, within a reasonable time but no later than
10 days from receipt thereof, report such information information,
excluding damage or loss resulting from motor vehicle accidents or
unintentional loss of property, in writing to the Director of the State
Bureau of Investigation.
Upon receipt of notification and information as provided for in this section, the State Bureau of Investigation shall, if appropriate, conduct an investigation.
The employees of all State departments, agencies and institutions are hereby required to cooperate with the State Bureau of Investigation, its officers and agents, as far as may be possible, in aid of such investigation.
If such investigation reveals a possible violation of the criminal laws, the results thereof shall be reported by the State Bureau of Investigation to the district attorney of any district if the same concerns persons or offenses in his district."
SECTION 45.(b) This section becomes effective June 30, 2014.
SECTION 46. G.S. 114‑61 reads as rewritten:
"§ 114‑61. Forensic Science Advisory Board.
(a) Creation and Membership. – The North Carolina
Forensic Science Advisory Board (Board) is hereby established as an advisory
board within the Department of Justice. The Board shall consist of 1615
members, consisting of the State Crime Laboratory Director, and 1514
members appointed by the Attorney General as follows:
(1) A forensic scientist or any other person with an advanced degree who has received substantial education, training, or experience in the subject of laboratory standards or quality assurance regulation and monitoring.
(2) The Chief Medical Examiner of the State.
(3) A forensic scientist with an advanced degree who
has received substantial education, training, or experience in the
discipline of molecular biology.
(4) A forensic scientist with an advanced degree who has experience in the discipline of population genetics.
(5) A scientist with an advanced degree who has experience in the discipline of forensic chemistry.
(6) A scientist with an advanced degree who has experience in the discipline of forensic biology.
(7) A forensic scientist or any other person with an
advanced degree who has received substantial education, training, or
experience in the discipline of trace evidence.
(8) A scientist with a doctoral an advanced degree
who has experience in the discipline of forensic toxicology and is certified
by the American Board of Forensic Toxicologists. toxicology.
(9) A member of the International Association for Identification.
(10) A member of the Association of Firearms and Toolmark
Tool Mark Examiners.
(11) A member of the International Association for Chemical Testing.
(12) A director of a private or federal
forensic laboratory located in the State.
(13) A member of the American Society of Crime Laboratory Directors.
(14) A member of the Academy of Forensic Sciences.
(15) A member of the American Statistical Association.
A chairman shall be elected from among the members appointed, and staff shall be provided by the Department of Justice.
(b) Meetings. – The Board shall meet quarterly bi‑annually
and at such other times and places as it determines. Members of the Board cannot
designate a proxy to vote in their absence.
(c) Terms. – Members of the Board initially appointed shall serve the following terms: five members shall serve a term of two years; five members shall serve a term of three years; and five members shall serve a term of four years. Thereafter, all appointments shall be for a term of four years. A vacancy other than by expiration of term shall be filled by the Attorney General for the unexpired term. Members of the Board cannot designate a proxy to vote in their absence.
(d) Terms. – Expenses. – Members of the Board shall be paid reasonable and necessary expenses incurred in the performance of their duties. Members of the Board who are State officers or employees shall receive no compensation for serving on the Board but may be reimbursed for their expenses in accordance with G.S. 138‑6. Members of the Board who are full‑time salaried public officers or employees other than State officers or employees shall receive no compensation for serving on the Board but may be reimbursed for their expenses in accordance with G.S. 138‑5(b). All other members of the Board may receive compensation and reimbursement for expenses in accordance with G.S. 138‑5.
(e) Functions. – The Board may review State Crime Laboratory operations and make recommendations concerning the services furnished to user agencies. The Board shall review and make recommendations as necessary to the Laboratory Director concerning any of the following:
(1) New scientific programs, protocols, and methods of testing.
(2) Plans for the implementation of new programs; sustaining existing programs and improving upon them where possible; and the elimination of programs which are no longer needed.
(3) Protocols for testing and examination methods and guidelines for the presentation of results in court.
(4) Qualification standards for the various forensic scientists of the Laboratory.
(f) Review Process. – Upon request of the Laboratory Director, the Board shall review analytical work, reports, and conclusions of scientists employed by the Laboratory. Records reviewed by this Board retain their confidential status and continue to be considered records of a criminal investigation as defined in G.S. 132‑1.4. These records shall be reviewed only in a closed session meeting pursuant to G.S. 143‑318.11 of the Board, and each member of the Board shall, prior to receiving any documents to review, sign a confidentiality agreement agreeing to maintain the confidentiality of and not to disclose the documents nor the contents of the documents reviewed. The Board shall recommend to the Laboratory a review process to use when there is a request that the Laboratory retest or reexamine evidence that has been previously examined by the Laboratory."
SECTION 47. G.S. 114‑70(b) reads as rewritten:
"(b) Membership. – The Commission shall consist of 12 members as follows:
(1) The President Pro Tempore of the Senate shall appoint one representative from each of the following:
a. The public at large.
b. A county sheriff's office.
c. A city or town police department.
d. Legal Aid of North Carolina.
(2) The Speaker of the House of Representatives shall appoint one representative from each of the following:
a. The public at large.
b. North Carolina Coalition Against Human Trafficking.
c. A faith‑based shelter or benefits organization providing services to victims of human trafficking.
d. A district attorney.attorney or an assistant
district attorney.
office
(3) The Governor shall appoint one representative from each of the following:
a. The Department of Labor.
b. The Department of Justice.
c. The Department of Public Safety.
d. A health care representative."
SECTION 48. G.S. 115C‑64.16(e) reads as rewritten:
"(e) Grants. – Any grants awarded by the Commission may be spent over a five‑year period from the initial award. Grants may be awarded for new or existing projects."
SECTION 49. Reserved.
SECTION 49.2. G.S. 115C‑174.13 reads as rewritten:
"§ 115C‑174.13. Public records exemption.
(a) Until the State Board of Education designates that a test is released, any test developed, adopted, or provided by the State Board of Education, as provided in this Article, is not a public record within the meaning of G.S. 132‑1. The State Board of Education may develop rules to allow inspection of a test prior to release, but shall require that individuals inspecting the test meet the same standards for confidentiality required for employees of local boards of education in test administration. As used in this section, the term "test" includes both the test and related test materials.
(b) Any written material containing the identifiable scores of individual students on any test taken pursuant to the provisions of this Article is not a public record within the meaning of G.S. 132‑1 and shall not be made public by any person, except as permitted under the provisions of the Family Educational and Privacy Rights Act of 1974, 20 U.S.C. 1232g."
SECTION 49.5. G.S. 115C‑238.29E(c) reads as rewritten:
"(c) A charter school shall operate under the written charter signed by the State Board and the applicant. A charter school is not required to enter into any other contract. The charter shall incorporate the information provided in the application, as modified during the charter approval process, and any terms and conditions imposed on the charter school by the State Board of Education. The State Board of Education shall not impose any terms and conditions that restrict membership of the board of directors of the nonprofit corporation operating the charter school, but shall require the board of directors to adopt a conflict of interest policy. No other terms may be imposed on the charter school as a condition for receipt of local funds."
SECTION 49.7. G.S. 115C‑296(b1) reads as rewritten:
"(b1) The State Board of Education shall require
teacher education programs, master's degree programs in education, and master's
degree programs in school administration to submit annual performance reports.
The performance reports shall provide the State Board of Education with a focused
review of the programs and the current process of accrediting these programs in
order to ensure that the programs produce graduates that are well prepared to teach
[, as follows]:teach, as follows:
…
(4) Annual State Board of Education report. – The
educator preparation program report cards shall be submitted to the Joint
Legislative Education Oversight Committee on an annual basis by October 1.November
15.
…."
SECTION 50.(a) G.S. 115C‑307(g) reads as rewritten:
"(g) To Make Required Reports. – A teacher shall make all reports required by the local board of education. The superintendent shall not approve the voucher for a teacher's pay until the required monthly and annual reports are made.
The superintendent may require a teacher to make reports to the principal.
A teacher shall be given access to the information in the student information management system to expedite the process of preparing reports or otherwise providing information. A teacher shall not be required by the local board, the superintendent, or the principal to (i) provide information that is already available on the student information management system; (ii) provide the same written information more than once during a school year unless the information has changed during the ensuing period; or (iii) complete forms, for children with disabilities, that are not necessary to ensure compliance with the federal Individuals with Disabilities Education Act (IDEA). Notwithstanding the forgoing, a local board may require information available on its student information management system or require the same information twice if the superintendent determines that there is (i) a compelling need and (ii) no more expeditious manner of providing the information to the local board. A school improvement team may request that the superintendent consider the elimination of a redundant reporting requirement for the teachers at its school if it identifies in its school improvement plan a more expeditious manner of providing the information to the local board. The superintendent shall recommend to the local board whether the reporting requirement should be eliminated for that school. If the superintendent does not recommend elimination of the reporting requirement, the school improvement team may request a hearing by the local board as provided in G.S. 115C‑45(c).
A teacher shall not be required to use the student information management system or other designated software to report data more frequently than the schedule required to provide such data to the State or federal government. Local boards of education shall permit teachers to use other comprehensive software to document student performance at all other times, if the software meets the following requirements:
(1) Is capable of generating classroom reports, individual student progress reports and student learning profiles.
(2) Can be customized to provide the teacher's school or local school administrative unit with uniform data collection.
(3) Requires data files to be securely stored and password protected.
(4) Requires accessibility from multiple digital platforms.
(5) Enables oversight by school‑based and district‑based administrators.
(6) Requires a licensing agreement that includes requirements for data confidentiality of personally identifiable information of students in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
Any teacher who knowingly and willfully makes or procures another to make any false report or records, requisitions, or payrolls, respecting daily attendance of pupils in the public schools, payroll data sheets, or other reports required to be made to any board or officer in the performance of their duties, shall be guilty of a Class 1 misdemeanor and the certificate of such person to teach in the public schools of North Carolina shall be revoked by the Superintendent of Public Instruction."
SECTION 50.(b) This section becomes effective July 1, 2014, and applies beginning with the 2014‑2015 school year.
SECTION 51.(a) G.S. 115D‑12(a) reads as rewritten:
"§ 115D‑12. Each institution to have board of trustees; selection of trustees.
(a) Each community college established or operated pursuant to this Chapter shall be governed by a board of trustees consisting of 13 members, or of additional members if selected according to the special procedure prescribed by the third paragraph of this subsection, who shall be selected by the following agencies. No member of the General Assembly may be appointed to a local board of trustees for a community college.
Group One – four trustees, elected by the board of education of the public school administrative unit located in the administrative area of the institution. If there are two or more public school administrative units, whether city or county units, or both, located within the administrative area, the trustees shall be elected jointly by all of the boards of education of those units, each board having one vote in the election of each trustee, except as provided in G.S. 115D‑59. No board of education shall elect a member of the board of education or any person employed by the board of education to serve as a trustee, however, any such person currently serving on a board of trustees shall be permitted to fulfill the unexpired portion of the trustee's current term.
Group Two – four trustees, elected by the board of
commissioners of the county in which the institution is located. Provided,
however, if the administrative area of the institution is composed of two or
more counties, the trustees shall be elected jointly by the boards of
commissioners of all those counties, each board having one vote in the election
of each trustee. Provided, also, the county commissioners of the county in
which the community college has established a satellite campus may elect an
additional two members if the board of trustees of the community college
agrees. No more than one trustee from Group Two may be a member of a each
appointing board of county commissioners. Should the boards of education or
the boards of commissioners involved be unable to agree on one or more trustees
the senior resident superior court judge in the superior court district or set
of districts as defined in G.S. 7A‑41.1 where the institution is
located shall fill the position or positions by appointment.
Group Three – four trustees, appointed by the Governor.
Group Four – the president of the student government or the chairman of the executive board of the student body of each community college established pursuant to this Chapter shall be an ex officio nonvoting member of the board of trustees of each said institution."
SECTION 51.(b) This section applies only to the Boards of Trustees of Central Carolina Community College.
SECTION 51.(c) This section is effective when it becomes law and applies to appointments made on or after that date.
SECTION 51.5. G.S. 115D‑15(a) reads as rewritten:
"(a) The board of trustees of any institution
organized under this Chapter may, with the prior approval of the North Carolina
Community Colleges System Office, convey a right‑of‑way or easement
for highway construction or for utility installations or modifications. When in
the opinion of the board of trustees the use of any other real property owned
or held by the board of trustees is unnecessary or undesirable for the purposes
of the institution, the board of trustees, subject to prior approval of the
State Board of Community Colleges, may sell, exchange, or lease the
property. sell or dispose of the property. For purposes of this section,
"dispose" means "lease, exchange, or demolish." The
board of trustees may dispose of any personal property owned or held by the
board of trustees without approval of the State Board of Community Colleges.
Personal property titled to the State Board of Community Colleges consistent
with G.S. 115D‑14 and G.S. 115D‑58.5 may be transferred
to another community college at no cost and without the approval of the
Department of Administration, Division of Surplus Property.
Article 12 of Chapter 160A of the General Statutes shall apply to the disposal or sale of any real or personal property under this subsection. Personal property also may be disposed of under procedures adopted by the North Carolina Department of Administration. The proceeds of any sale or lease shall be used for capital outlay purposes, except as provided in subsection (b) of this section."
SECTION 52. Part 5 of Article 1 of Chapter 116 of the General Statutes is amended by adding a new section to read:
"§ 116‑43.17. Confidentiality of research data, records, and information of a proprietary nature.
Research data, records, or information of a proprietary nature, produced or collected by or for state institutions of higher learning in the conduct of commercial, scientific, or technical research where the data, records, or information has not been patented, published, or copyrighted are not public records as defined by G.S. 132‑1."
SECTION 53.(a) G.S. 120‑31 is amended by adding a new subsection to read:
"(c1) Six members of the Commission constitute a quorum."
SECTION 53.(b) G.S. 120‑31(f) reads as rewritten:
"(f) In any case where any provision of law or any
rule of the Legislative Services Commission required requires approval
of any action by the Legislative Services Commission, approval of that action
by the President Pro Tempore of the Senate and by the Speaker of the House of
Representatives constitutes approval of the Commission."
SECTION 54. Reserved.
SECTION 55.(a) G.S. 122A‑5.10, 122A‑5.11, and 122A‑5.12 are repealed.
SECTION 55.(b) This section becomes effective January 1, 2015.
SECTION 55.2. G.S. 124‑18 reads as rewritten:
"§ 124‑18. Dividends required of State‑owned railroad company.
Any State‑owned railroad company that has trackage in
more than two counties shall issue an annual cash dividend to the State. The
amount of the annual dividend is twenty‑five percent (25%) of the company's
income from the prior year's trackage rights agreements. The dividend is due by
January February 15 of each year, and interest shall accrue at
the annual rate of prime plus one percent (1%) if the payment is not paid by
the due date. The Directors of any State‑owned railroad company who vote
for or assent to the dividend required under this section shall not be held
liable under G.S. 55‑8‑33."
SECTION 55.4.(a) The Revisor of Statutes is authorized to change in the General Statutes the title of Chapter 126 of the General Statutes to read "North Carolina Human Resources Act," consistent with the title change in Section 9.1 of S.L. 2013‑382.
SECTION 55.4.(b) G.S. 115C‑21(a)(1) reads as rewritten:
"(1) To organize and establish a Department of
Public Instruction which shall include such divisions and departments as the
State Board considers necessary for supervision and administration of the
public school system. All appointments of administrative and supervisory
personnel to the staff of the Department of Public Instruction are subject to
the approval of the State Board of Education, which may terminate these
appointments for cause in conformity with Chapter 126 of the General Statutes, the
State Personnel System.North Carolina Human Resources Act."
SECTION 55.4.(c) Except as otherwise provided in this section, the General Statutes are amended by deleting the phrase "State Personnel System" wherever it appears and substituting "State Human Resources system". The Revisor of Statutes is authorized to make the substitutions enacted in this subsection and to capitalize the word "system" in "State Human Resources system" if the phrase appears in a title.
SECTION 55.5. G.S. 130A‑320, as amended by S.L. 2014‑41, reads as rewritten:
"§ 130A‑320. Sanitation of watersheds; rules; inspections; local source protection planning.
(a) The Commission shall adopt rules governing the sanitation of watersheds from which public drinking water supplies are obtained. In adopting these rules the Commission is authorized to consider the different classes of watersheds, taking into account general topography, nature of watershed development, density of population and need for frequency of sampling of raw water. The rules shall govern the keeping of livestock, operation of recreational areas, maintenance of residences and places of business, disposal of sewage, establishment of cemeteries or burying grounds, and any other factors which would endanger the public water supply.
(b) Any supplier of water operating a public water system and furnishing water from unfiltered surface supplies shall inspect the watershed area at least quarterly, and more often when the Department determines that more frequent inspections are necessary.
(c) Every supplier of water operating a public water
system treating and furnishing water from unfiltered surface
supplies shall create and implement a source water protection plan (SWPP). The
Commission shall adopt rules that provide all of the following:
(1) A standardized format for use by suppliers of water in creating their SWPP. The Commission may create different formats and required plan elements for public water systems based on the system type, source type, watershed classification, population served, source susceptibility to contamination, proximity of potential contamination sources to the intake, lack of water supply alternatives, or other characteristics the Commission finds to be relevant.
(2) Schedules for creating a SWPP, implementing mandatory provisions of the SWPP, and for review and update of the SWPP by suppliers of water.
(3) Reporting requirements sufficient for the Department to monitor the creation, implementation, and revision by suppliers of water. The Commission may provide different reporting requirements based on the public water system characteristics set forth in subdivision (1) of this subsection."
SECTION 56.(a) G.S. 131E‑6(3) reads as rewritten:
"(3) "Corporation, foreign or domestic,
authorized to do business in North Carolina" means ameans any of
the following:
a. A corporation for profit or having a
capital stock which is created and organized under Chapter 55 of the General
Statutes or any other general or special act of this State, or aState.
b. A foreign corporation which has procured a certificate of authority to transact business in this State pursuant to Article 10 of Chapter 55 of the General Statutes.
c. A limited liability company formed under Chapter 57D of the General Statutes.
d. A foreign limited liability company that has procured a certificate of authority to transact business in this State pursuant to Article 7 of Chapter 57D of the General Statutes."
SECTION 56.(b) This section becomes effective October 1, 2014.
SECTION 56.2. G.S. 136‑18(37) reads as rewritten:
" § 136‑18. Powers of Department of Transportation.
…
(37) To permit private use of and encroachment
upon the right‑of‑way of a State highway or road for the purpose of
construction and maintenance of a privately owned bridge for pedestrians or
motor vehicles,bridge owned by a private or public entity, if the
bridge shall not unreasonably interfere with or obstruct the public use of the
right‑of‑way. Any agreement for an encroachment authorized by this
subdivision shall be approved by the Board of Transportation, upon a finding
that the encroachment is necessary and appropriate, in the sole discretion of
the Board. Locations, plans, and specifications for any pedestrian or vehicular
bridge authorized by the Board for construction pursuant to this subdivision
shall be approved by the Department of Transportation. For any bridge subject
to this subdivision, the Department shall retain the right to reject any plans,
specifications, or materials used or proposed to be used, inspect and approve
all materials to be used, inspect the construction, maintenance, or repair, and
require the replacement, reconstruction, repair, or demolition of any partially
or wholly completed bridge that, in the sole discretion of the Department, is
unsafe or substandard in design or construction. An encroachment agreement
authorized by this subdivision may include a requirement to purchase and
maintain liability insurance in an amount determined by the Department of
Transportation. The Department shall ensure that any bridge constructed
pursuant to this subdivision is regularly inspected for safety. The owner shall
have the bridge inspected every two years by a qualified private engineering
firm based on National Bridge Inspection Standards and shall provide the Department
copies of the Bridge Inspection Reports where they shall be kept on file. Any
bridge authorized and constructed pursuant to this subdivision shall be subject
to all other rules and conditions of the Department of Transportation for
encroachments.
…"
SECTION 56.5. G.S. 136‑82(d) reads as rewritten:
"(d) Use of Toll Proceeds. – The Department of
Transportation shall credit the proceeds from tolls collected on North Carolina
Ferry System routes and receipts generated under subsection (e)(f)
of this section to reserve accounts within the Highway Fund for each of the
Highway Divisions in which system terminals are located and fares are earned.
For the purposes of this subsection, fares are earned based on the terminals
from which a passenger trip originates and terminates. Commuter pass receipts
shall be credited proportionately to each reserve account based on the
distribution of trips originating and terminating in each Highway Division. The
proceeds credited to each reserve account shall be used exclusively for
prioritized North Carolina Ferry System ferry passenger vessel replacement
projects in the Division in which the proceeds are earned. Proceeds may be used
to fund ferry passenger vessel replacement projects or supplement funds
allocated for ferry passenger vessel replacement projects approved in the
Transportation Improvement Program."
SECTION 56.6. G.S. 136‑189.11(e)(1) reads as rewritten:
"(1) Limitation on variance. – The Department, in
obligating funds in accordance with this section, shall ensure that the
percentage amount obligated to Statewide Strategic Mobility Projects, Regional
Impact Projects, and Division Need Projects does not vary by more than five
percent (5%) ten percent (10%) over any five‑year period from
the percentage required to be allocated to each of those categories by this
section. Funds obligated among distribution regions or divisions pursuant to
this section may vary up to ten percent (10%) over any five‑year period."
SECTION 56.7. G.S. 143‑64.17B reads as rewritten:
"§ 143‑64.17B. Guaranteed energy savings contracts.
(a) A governmental unit may enter into a guaranteed energy savings contract with a qualified provider if all of the following apply:
(1) The term of the contract does not exceed 20 years from the date of the installation and acceptance by the governmental unit of the energy conservation measures provided for under the contract.
(2) The governmental unit finds that the energy savings resulting from the performance of the contract will equal or exceed the total cost of the contract.
(3) The energy conservation measures to be installed
under the contract are for an existing building or utility system.system,
or utility consuming device or equipment when the utility cost is paid by the
governmental unit.
(b) Before entering into a guaranteed energy savings contract, the governmental unit shall provide published notice of the time and place or of the meeting at which it proposes to award the contract, the names of the parties to the proposed contract, and the contract's purpose. The notice must be published at least 15 days before the date of the proposed award or meeting.
(c) A qualified provider entering into a guaranteed energy savings contract under this Part shall provide security to the governmental unit in the form acceptable to the Office of the State Treasurer and in an amount equal to one hundred percent (100%) of the guaranteed savings for the term of the guaranteed energy savings contract to assure the provider's faithful performance. Any bonds required by this subsection shall be subject to the provisions of Article 3 of Chapter 44A of the General Statutes. If the savings resulting from a guaranteed energy savings contract are not as great as projected under the contract and all required shortfall payments to the governmental unit have not been made, the governmental unit may terminate the contract without incurring any additional obligation to the qualified provider.
(d) As used in this section, "total cost"
shall include, but not be limited to, costs of construction, costs of
financing, and costs of maintenance and training during the term of the contract.contract
less the application of the utility company, State, or federal incentives,
grants, or rebates. "Total cost" does not include any obligations
on termination of the contract before its expiration, provided that those
obligations are disclosed when the contract is executed.
(e) A guaranteed energy savings contract may not require the governmental unit to purchase a maintenance contract or other maintenance agreement from the qualified provider who installs energy conservation measures under the contract if the unit of government takes appropriate action to budget for its own forces or another provider to maintain new systems installed and existing systems affected by the guaranteed energy savings contract.
(f) In the case of a State governmental unit, a qualified provider shall, when feasible, after the acceptance of the proposal of the qualified provider by the State governmental unit, conduct an investment grade audit. During this investment grade audit, the qualified provider shall perform in accordance with Part 1 of this Article a life cycle cost analysis of each energy conservation measure in the final proposal. If the results of the audit are not within ten percent (10%) of both the guaranteed savings contained in the proposal and the total proposal amount, either the State governmental unit or the qualified provider may terminate the project without incurring any additional obligation to the other party. However, if the State governmental unit terminates the project after the audit is conducted and the results of the audit are within ten percent (10%) of both the guaranteed savings contained in the proposal and the total proposal amount, the State governmental unit shall reimburse the qualified provider the reasonable cost incurred in conducting the audit, and the results of the audit shall become the property of the State governmental unit.
(g) A qualified provider shall provide an annual reconciliation statement based upon the results of the measurement and verification review. The statement shall disclose any shortfalls or surplus between guaranteed energy and operational savings specified in the guaranteed energy savings contract and actual, not stipulated, energy and operational savings incurred during a given guarantee year. Any guaranteed energy and operational savings shall be determined by using one of the measurement and verification methodologies listed in the United States Department of Energy's Measurement and Verification Guidelines for Energy Savings Performance Contracting, the International Performance Measurement and Verification Protocol (IPMVP) maintained by the Efficiency Valuation Organization, or Guideline 14‑2002 of the American Society of Heating, Refrigerating, and Air‑Conditioning Engineers. If due to existing data limitations or the nonconformance of specific project characteristics, none of the three methodologies listed in this subsection is sufficient for measuring guaranteed savings, the qualified provider shall develop an alternate method that is compatible with one of the three methodologies and mutually agreeable to the governmental unit. The guarantee year shall consist of a 12‑month term commencing from the time that the energy conservation measures become fully operational. A qualified provider shall pay the governmental unit or its assignee any shortfall in the guaranteed energy and operational savings after the total year savings have been determined. In the case of a governmental unit, a surplus in any one year shall not be carried forward or applied to a shortfall in any other year."
SECTION 57. G.S. 143B‑431A(b), as enacted by S.L. 2014‑18, reads as rewritten:
"(b) Contract. – The Department of Commerce is authorized to contract with a North Carolina nonprofit corporation to perform one or more of the Department's functions, powers, duties, and obligations set forth in G.S. 143B‑431, except as provided in this subsection. The contract entered into pursuant to this section is exempt from Articles 3 and 3C of Chapter 143 of the General Statutes. If the Department contracts with a North Carolina nonprofit corporation to promote and grow the travel and tourism industries, then all funds appropriated to the Department for tourism marketing purposes shall be used for a research‑based, comprehensive marketing program directed toward consumers in key markets most likely to travel to North Carolina and not for ancillary activities, such as statewide branding and business development marketing. The Department may not contract with a North Carolina nonprofit corporation regarding any of the following:
…."
SECTION 57.7. G.S. 143B‑1157 reads as rewritten:
"§ 143B‑1157. State Community Corrections Advisory Board.
(a) The State Board shall act as an advisory body to the Secretary with regard to this Subpart. The State Board shall consist of 23 members as follows, to be appointed as provided in subsection (b) of this section:
(1) A member of the Senate.
(2) A member of the House of Representatives.
(3) A judge of the superior court.
(4) A judge of the district court.
(5) A district attorney.
(6) A criminal defense attorney.
(7) A county sheriff.
(8) A chief of a city police department.
(9) Two county commissioners, one from a predominantly urban county and one from a predominantly rural county.
(10) A representative of an existing community‑based corrections program.
(11) A member of the public who has been the victim of a crime.
(12) Two rehabilitated ex‑offenders.
(13) A member of the business community.
(14) Three members of the general public, one of whom is a person recovering from chemical dependency or who is a previous consumer of substance abuse treatment services.
(15) A victim service provider.
(16) A member selected from each of the following service areas: mental health, substance abuse, and employment and training.
(17) A clerk of superior court.
(b) The membership of the State Board shall be selected as follows:
(1) The Governor shall appoint the following members:
the county sheriff, the chief of a city police department, the member of the
public who has been the victim of a crime, a two rehabilitated ex‑offender,ex‑offenders,
and the members selected from each of the service areas.
(2) The Lieutenant Governor shall appoint the following members: the member of the business community, one member of the general public who is a person recovering from chemical dependency or who is a previous consumer of substance abuse treatment services, and the victim service provider.
(3) The Chief Justice of the North Carolina Supreme Court shall appoint the following members: the superior court judge, the district court judge, the district attorney, the clerk of superior court, the criminal defense attorney, and the representative of an existing community‑based corrections program.
(4) The President Pro Tempore of the Senate shall appoint the following members: the member of the Senate, the county commissioner from a predominantly urban county, and one member of the general public.
(5) The Speaker of the House of Representatives shall appoint the following members: the member of the House of Representatives, the county commissioner from a predominantly rural county, and one member of the general public.
In appointing the members of the State Board, the appointing authorities shall make every effort to ensure fair geographic representation of the State Board membership and to ensure that minority persons and women are fairly represented.
(c) The initial members shall serve staggered terms; one‑third shall be appointed for a term of one year, one‑third shall be appointed for a term of two years, and one‑third shall be appointed for a term of three years. The members identified in subdivisions (1) through (7) of subsection (a) of this section shall be appointed initially for a term of one year. The members identified in subdivisions (8) through (13) in subsection (a) of this section shall be appointed initially for a term of two years. The members identified in subdivisions (14) through (16) of subsection (a) of this section shall each be appointed for a term of three years. The additional member identified in subdivision (17) in subsection (a) of this section shall be appointed initially for a term of three years. The terms of office of the initial members appointed under this section commence effective July 1, 2011.
At the end of their respective terms of office their
successors shall be appointed for terms of three years.years effective
July 1. A vacancy occurring before the expiration of the term of office
shall be filled in the same manner as original appointments for the remainder
of the term. Members may be reappointed without limitation.
…"
SECTION 58. G.S. 147‑86.11(e) reads as rewritten:
"(e) Elements of Plan. – For moneys received or to be received, the statewide cash management plan shall provide at a minimum that:
….
(4) Unpaid billings due to a State agency other than
amounts owed by patients to the University of North Carolina Health Care System
or System, East Carolina University's Division of Health Sciences
Sciences, or by customers of the North Carolina Turnpike Authority shall
be turned over to the Attorney General for collection no more than 90 days
after the due date of the billing, except that a State agency need not turn
over to the Attorney General unpaid billings of less than five hundred dollars
($500.00), or (for institutions where applicable) amounts owed by all patients
which are less than the federally established deductible applicable to Part A
of the Medicare program, and instead may handle these unpaid bills pursuant to
agency debt collection procedures.
(4a) The University of North Carolina Health Care System and East Carolina University's Division of Health Sciences may turn over to the Attorney General for collection accounts owed by patients.
(4b) The North Carolina Turnpike Authority may turn over to the Attorney General for collection amounts owed to the North Carolina Turnpike Authority.
…."
SECTION 59. G.S. 153A‑205 reads as rewritten:
"§ 153A‑205. Improvements to subdivision and residential streets.
(a) A county may finance the local share of the cost
of improvements made under the supervision of the Department of Transportation
to subdivision and residential streets that are a part of the State maintained
system located in the county and outside of a city and shall levy and collect
pursuant to the procedures of Article 9 of Chapter 153A of the General Statutes
special assessments against benefited property to recoup that portion of the
costs financed by the county. The local share is that share required by
policies of the Secondary Roads Council, Department of Transportation
and may be paid by the county from funds not otherwise limited as to use by
law. Land owned, leased, or controlled by a railroad company is exempt from
such assessments to the same extent that it would be exempt from street
assessments of a city under G.S. 160A‑222. No project may be
commenced under this section unless it has been approved by the Department of
Transportation.
(b) A county may finance the local share of the cost
of improvements made under the supervision of the Department of Transportation
to subdivision and residential streets located in the county and outside of a
city in order to bring those streets up to the standards of the Secondary
Roads Council Department of Transportation so that they may become a
part of the State‑maintained system and shall levy and collect pursuant
to the procedures of Article 9 of Chapter 153A of the General Statutes special
assessments against benefited property to recoup that portion of the costs
financed by the county. The local share is that share required by policies of
the Secondary Roads Council, Department of Transportation and may
be paid by the county from funds not otherwise limited as to use by law. Land
owned, leased, or controlled by a railroad company is exempt from such
assessments to the same extent that it would be exempt from street assessments
of a city under G.S. 160A‑222. No project may be commenced under
this section unless it has been approved by the Department of Transportation.
(c) Before a county may finance all or a portion of
the cost of improvements to a subdivision or residential street, it must
receive a petition for the improvements signed by at least seventy‑five
percent (75%) of the owners of property to be assessed, who must represent at
least seventy‑five percent (75%) of all the lineal feet of frontage of
the lands abutting on the street or portion thereof to be improved. The
petition shall state that portion of the cost of the improvement to be
assessed, which shall be the local share required by policies of the Secondary
Roads Council. Department of Transportation. A county may treat as a
unit and consider as one street two or more connecting State‑maintained
subdivision or residential streets in a petition filed under this subsection
calling for the improvement of subdivision or residential streets subject to
property owner sharing in the cost of improvement under policies of the
Department of Transportation.
Property owned by the United States shall not be included in determining the lineal feet of frontage on the improvement, nor shall the United States be included in determining the number of owners of property abutting the improvement. Property owned by the State of North Carolina shall be included in determining frontage and the number of owners only if the State has consented to assessment as provided in G.S. 153A‑189. Property owned, leased, or controlled by railroad companies shall be included in determining frontage and the number of owners to the extent the property is subject to assessment under G.S. 160A‑222. Property owned, leased, or controlled by railroad companies that is not subject to assessment shall not be included in determining frontage or the number of owners.
No right of action or defense asserting the invalidity of street assessments on grounds that the county did not comply with this subsection in securing a valid petition may be asserted except in an action or proceeding begun within 90 days after the day of publication of the notice of adoption of the preliminary assessment resolution.
(d) This section is intended to provide a means of assisting in financing improvements to subdivision and residential streets that are on the State highway system or that will, as a result of the improvements, become a part of the system. By financing improvements under this section, a county does not thereby acquire or assume any responsibility for the street or streets involved, and a county has no liability arising from the construction of such an improvement or the maintenance of such a street. Nothing in this section shall be construed to alter the conditions and procedures under which State system streets or other public streets are transferred to municipal street systems pursuant to G.S. 136‑66.1 and 136‑66.2 upon annexation by, or incorporation of, a municipality."
SECTION 60. Reserved.
SECTION 61. Section 2 1/2 of Chapter 954 of the 1965 Session Laws is repealed.
SECTION 61.5. Section 7 of S.L. 2009‑369 reads as rewritten:
"SECTION 7. This act becomes effective December
1, 2009, and applies to applications for reinstatement that occur on or after
that date. This act expires December 1, 2014.December 1, 2016."
SECTION 61.7. Section 13 of S.L. 2009‑521, as amended by Section 24 of S.L. 2011‑326, and by Section 71.6 of S.L. 2012‑194, reads as rewritten:
"SECTION 13. Any natural hair care specialist who
submits proof to the Board that the natural hair care specialist is actively
engaged in the practice of a natural hair care specialist on the effective date
of this act, passes an examination conducted by the Board act and
pays the required fee under G.S. 88B‑20 shall be licensed without
having to satisfy the requirements of G.S. 88B‑10.1, enacted by
Section 2 of this act. A cosmetic art shop that practices natural hair care
only and that submits proof to the Board that the shop is actively engaged in
the practice of natural hair care on the effective date of this act shall have
five years from the date of this act to comply with the requirements of G.S. 88B‑14.
All persons who do not make application to the Board within five years of the
effective date of this act shall be required to complete all training and
examination requirements prescribed by the Board and to otherwise comply with
the provisions of Chapter 88B of the General Statutes."
SECTION 61.8.(a) S.L. 2011‑259 is repealed.
SECTION 61.8.(b) The State Board of Education shall establish a two‑year Dropout Prevention and Recovery Pilot Program (Pilot Program). The State Board of Education shall select one charter school that has been approved by the State Board under G.S.115C‑238.29D to provide the educational services and programming for the Pilot Program. The purpose of the Pilot Program is to reengage students and increase the graduation rates in North Carolina through an educational program that provides flexible scheduling and a blended learning environment with individualized and self‑paced learning options.
SECTION 61.8.(c) To be eligible to participate in the Pilot Program, the charter school's enrollment must only include high school students who have dropped out of high school. The charter school, its affiliated charter management organization, or its education management organization must be accredited by the Southern Association of Colleges and Schools as an indicator of quality instructional programming. All teachers employed by the charter school participating in the Pilot Program shall be licensed teachers under G.S. 115C‑296.
SECTION 61.8.(d) The charter school participating in the Pilot Program shall develop and implement an alternative accountability model that meets the guidelines adopted by the State Board of Education for alternative learning programs under G.S. 115C‑12(24).
SECTION 61.8.(e) In addition to the allotments and adjustments made for charter schools as provided in G.S. 115C‑238.29H, for the charter school participating in the Pilot Program, the allotment shall also be adjusted on the basis of the average daily membership in the fifth month of the school year. If the average daily membership in the fifth month of the school year exceeds the first month average daily membership by at least twenty percent (20%), the State Board of Education shall provide additional funding in March from the ADM Contingency Reserve on the basis of the average daily membership in the fifth month of the school year for the remainder of the fiscal year. Additionally, the Pilot Program charter school shall receive a one‑time payment equal to the difference between the average of the average daily membership over the first five months of the school year and the first month average daily membership, multiplied by the average per pupil allocation for average daily membership from the local school administrative unit allotments in which the Pilot Program charter school is located multiplied by fifty‑six percent (56%).
SECTION 61.8.(f) Existing charter schools meeting the criteria as provided in this Section may apply to participate in the Pilot Program no later than August 31, 2014. The State Board of Education shall select by September 30, 2014 the participant for the Pilot Program for the 2014‑2015 and 2015‑2016 school years.
SECTION 61.8.(g) The State Board of Education shall submit a report to the Joint Legislative Education Oversight Committee by March 15, 2016 on the outcomes of the Dropout Prevention and Recovery Pilot Program, including (i) the number of students who dropped out of high school, enrolled in the program, and completed a high school diploma, (ii) results of the alternative accountability model, and (iii) the impact on the ADM Contingency Reserve. The report shall also include any recommendations to enhance the effectiveness and the efficiency of the Pilot Program funding and accountability models.
SECTION 61.8.(h) The Joint Legislative Education Oversight Committee shall report to the 2016 Session of the 2015 General Assembly on necessary legislation to transition the Pilot Program into alternative charter schools serving high school students who have dropped out of high school.
SECTION 61.8.(i) This section is effective when it becomes law. The Pilot Program shall begin with the 2014‑2015 school year and shall conclude at the end of the 2015‑2016 school year.
SECTION 62. S.L. 2012‑1 is repealed.
SECTION 63. Reserved.
SECTION 64. Section 8.49 of S.L. 2013‑360 reads as rewritten:
"PILOT PROGRAM TO RAISE THE HIGH SCHOOL DROPOUT AGE FROM SIXTEEN TO EIGHTEEN
"SECTION 8.49.(a) Notwithstanding any provisions
in Part I of Article 26 of Chapter 115C of the General Statutes, G.S. 7B‑1501(27),
115C‑378, 115C‑238.66(3), 116‑235(b)(2), and 143B‑805(20),
143B‑805(20) to the contrary, the State Board of Education
shall authorize the Hickory Public Schools and the Newton‑Conover City
Schools to establish and implement a pilot program pursuant to this section to
increase the high school dropout age from 16 years of age to the completion of
the school year coinciding with the calendar year in which a student reaches 18
years of age, unless the student has previously graduated from high school.
"SECTION 8.49.(a1) For the purposes of implementing the pilot program authorized by this section, a local school administrative unit that is participating in the pilot program shall have the authority to provide that, if the principal or the principal's designee determines that a student's parent, guardian, or custodian, or a student who is 18 years of age, has not made a good‑faith effort to comply with the compulsory attendance requirements of the pilot program, the principal shall notify the district attorney and, if the student is less than 18 years of age, the director of social services of the county where the student resides. If the principal or the principal's designee determines that a parent, guardian, or custodian of a student less than 18 years of age has made a good‑faith effort to comply with the law, the principal may file a complaint with the juvenile court counselor pursuant to Chapter 7B of the General Statutes that the student is habitually absent from school without a valid excuse. Upon receiving notification by the principal or the principal's designee, the director of social services shall determine whether to undertake an investigation under G.S. 7B‑302.
"SECTION 8.49.(a2) The local boards of education of the participating local school administrative units shall prescribe specific rules to address under what circumstances a student who is 18 years of age who is required to attend school as part of the pilot program shall be excused from attendance, including if the student has attained a high school equivalency certificate or a student has enlisted as a member of the Armed Forces.
"SECTION 8.49.(a3) For the purposes of implementing the pilot program authorized by this section, any (i) parent, guardian, or other person having charge or control of a student enrolled in a school located within a participating local school administrative unit and (ii) student who is 18 years of age enrolled in a school located within a participating local school administrative unit who violates the compulsory attendance provisions of the pilot program without a lawful exception recognized under Part I of Article 26 of Chapter 115C of the General Statutes or the provisions of this section shall be guilty of a Class 1 misdemeanor.
"SECTION 8.49.(a4) If an affidavit is made by the student, parent of the student, or by any other person that any student who is required to attend school under the requirements of the pilot program is not able to attend school by reason of necessity to work or labor for the support of himself or herself or the support of the family, then the school social worker of the applicable school located within the participating school administrative unit shall diligently inquire into the matter and bring it to the attention of an appropriate court, depending on the age of the student. The court shall proceed to find whether as a matter of fact the student is unable to attend the school or such parents, or persons standing in loco parentis, are unable to send the student to school for the term of compulsory attendance for the reasons given. If the court finds, after careful investigation, that the student or the parents have made or are making a bona fide effort to comply with the compulsory attendance law, and by reason of illness, lack of earning capacity, or any other cause which the court may deem valid and sufficient, the student is unable to attend school, then the court shall find and state what help is needed for the student or family to enable compliance with the attendance requirements under the pilot program.
"SECTION 8.49.(b) Each local school administrative unit may use any funds available to it to implement the pilot program in accordance with this section to (i) employ up to three additional teachers and (ii) fund additional student‑related costs, such as transportation and technology costs, including additional computers, to serve a greater number of students as a result of the pilot program. Each local school administrative unit may also use any funds available to it to operate a night school program for students at risk of dropping out of high school. To the extent possible, the local school administrative units shall partner with Catawba Valley Community College in administering the pilot program.
"SECTION 8.49.(c) The local school administrative
units, in collaboration with the State Board of Education, shall report to the
Joint Legislative Education Oversight Committee, the House Appropriations
Subcommittee on Education, and the Senate Appropriations Committee on
Education/Higher Education on or before January 1, 2016.January 15,
2016. The report shall include at least all of the following information:
(1) An analysis of the graduation rate in each local school administrative unit and the impact of the pilot program on the graduation rate.
(2) The teen crime statistics for Catawba County.
(3) The number of reported cases of violations of compulsory attendance laws in Catawba County and the disposition of those cases.
(3a) Implementation of enforcement mechanisms for violations of the compulsory attendance requirements of the pilot program, including the imposition of criminal penalties.
(4) The number of at‑risk students served in any night programs established as part of the pilot program and student graduation and performance outcomes for those students.
(5) All relevant data to assist in determining the effectiveness of the program and specific legislative recommendations, including the continuation, modification, or expansion of the program statewide.
"SECTION 8.49.(d) The State Board of Education shall not authorize a pilot program under subsection (a) of this section except upon receipt of a copy of a joint resolution adopted by the boards of education for the Hickory Public Schools and the Newton‑Conover City Schools setting forth a date to begin establishment and implementation of the pilot program."
SECTION 65. Section 9.6(k) of S.L. 2013‑360 reads as rewritten:
"SECTION 9.6.(k) Subsections (c) and (d) of this section become effective July 1, 2014, and apply to all employees employed as of that date and employees hired or reemployed on or after that date."
SECTION 66.(a) Section 5 of S.L. 2013‑417 reads as rewritten:
"SECTION 5. The Social Services Commission shall
adopt rules implementing this act. The Social Services Commission mayshall
issue temporary rules, in addition to its permanent rule‑making
authority, to enforce this act. Rules for the implementation of Section 4 of
this act shall be adopted no later than February 1, 2014. October 31,
2014. The Department of Health and Human Services shall continue the substance
abuse screening processes in place as of January 1, 2014, for applicants and
recipients of Work First Program benefits until Section 4 of this act is fully
implemented. The Department shall notify each county department of social
services and the General Assembly of the date of full implementation of Section
4 of this act."
SECTION 66.(b) Section 6 of S.L. 2013‑417 reads as rewritten:
"SECTION 6. The Department of Health and Human
Services shall report to the General Assembly no later than April 1, 2014, the
first of each calendar quarter beginning April 1, 2014, and ending December 1,
2015, on the implementation of Section 4 of this act."
SECTION 66.(c) Section 8 of S.L. 2013‑417 reads as rewritten:
"SECTION 8. Section 4 of this act becomes
effective August 1, 2014. July 1, 2015. The remainder of this act
becomes effective October 1, 2013."
SECTION 67. Section 8(c) of S.L. 2014‑4 reads as rewritten:
"SECTION 8.(c) This section is effective
when it becomes law, except that 113‑391A(d),G.S. 113‑391.1(d),
as enacted by Section 8(a) of this act, shall become effective December 1,
2014."
SECTION 68. If House Bill 712, 2013 Regular Session, becomes law, the lead‑in language for Section 7 of that bill is amended by deleting the citation "Article 9 of Chapter 115 of the General Statutes" and replacing it with the citation "Article 9 of Chapter 115C of the General Statutes".
part III. Uniform State Board of education report dates
SECTION 80. G.S. 115C‑83.4(b) reads as rewritten:
"(b) The State Board of Education shall report
biennially to the Joint Legislative Education Oversight Committee by October
1October 15 of each even‑numbered year on the implementation,
evaluation, and revisions to the comprehensive plan for reading achievement and
shall include recommendations for legislative changes to enable implementation
of current empirical research in reading development."
SECTION 81. G.S. 115C‑83.10(c) reads as rewritten:
"(c) The State Board of Education shall establish
a uniform format for local boards of education to report the required
information listed in subsections (a) and (b) of this section and shall provide
the format to local boards of education no later than 90 days prior to the
annual due date. The State Board of Education shall compile annually this
information and submit a State‑level summary to the Governor, the
President Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the Joint Legislative Education Oversight Committee by October
1October 15 of each year, beginning with the 2014‑2015 school
year."
SECTION 82. G.S. 115C‑102.6B reads as rewritten:
"(b) The Board shall submit the plan to the State Chief Information Officer for approval of the technical components of the plan set out in G.S. 115C‑102.6A(1) through (4). At least one‑fourth of the members of any technical committee that reviews the plan for the State Chief Information Officer shall be people actively involved in primary or secondary education.
The Board shall report annually by February 1 February
15 of each year to the Joint Legislative Education Oversight Committee on
the status of the State School Technology Plan."
SECTION 83. G.S. 115C‑156.2(b) reads as rewritten:
"(b) Beginning in 2014, the State Board of
Education shall report to the Joint Legislative Education Oversight Committee
by September 1 September 15 of each year on the number of
students in career and technical education courses who earned (i) community
college credit and (ii) related industry certifications and credentials."
SECTION 84. G.S. 115C‑83.4A(h) reads as rewritten:
"(h) Beginning October 1,October 15,
2014, the State Board of Education shall report annually to the Joint
Legislative Education Oversight Committee on advanced courses in North
Carolina. The report shall include, at a minimum, the following information:
…."
SECTION 85. G.S. 115C‑238.29I(c) reads as rewritten:
"(c) The State Board of Education shall review and
evaluate the educational effectiveness of the charter schools authorized under
this Part and the effect of charter schools on the public schools in the local
school administrative unit in which the charter schools are located. The Board
shall report annually no later than January 1 January 15 to the
Joint Legislative Education Oversight Committee on the following:
(1) The current and projected impact of charter schools on the delivery of services by the public schools.
(2) Student academic progress in the charter schools as measured, where available, against the academic year immediately preceding the first academic year of the charter schools' operation.
(3) Best practices resulting from charter school operations.
(4) Other information the State Board considers appropriate."
SECTION 86. Section 7.15(b) of S.L. 2003‑284 reads as rewritten:
Students in the head count shall be assessed at least once every three years to determine their level of English proficiency. A student who scores "superior" on the standard English language proficiency assessment instrument used in this State shall not be included in the head count of students with limited English proficiency."
SECTION 87. Section 7.9(b) of S.L. 2007‑323 reads as rewritten:
"SECTION 7.9.(b) The Department of Public
Instruction shall prepare a current head count of the number of students
classified with limited English proficiency by December 1 December 15
of each year.
Students in the head count shall be assessed at least once every three years to determine their level of English proficiency. A student who scores "superior" on the standard English language proficiency assessment instrument used in this State shall not be included in the head count of students with limited English proficiency."
SECTION 88. Section 7.22.(h) of S.L. 2011‑145 reads as rewritten:
"SECTION 7.22.(h) Beginning in 2011, the
Director of NCVPS shall submit an annual report on NCVPS to the State Board of
Education no later than December 1 December 15 of each year. The
report shall use data from the previous fiscal year and shall include
statistics on actual versus projected costs to local school administrative
units and charter schools, student enrollment, virtual teacher salaries, and
measures of academic achievement.
The Director of NCVPS shall continue to ensure the following:
(1) Course quality standards are established and met.
(2) All e‑learning opportunities other than virtual charter schools offered by State‑funded entities to public school students are consolidated under the NCVPS program, eliminating course duplication.
(3) All courses offered through NCVPS are aligned to the North Carolina Standard Course of Study."
SECTION 89. Section 1(b) of S.L. 2013‑1, as amended by Section 16.1 of S.L. 2013‑410, reads as rewritten:
"SECTION 1.(b) The State Board of Education
shall make high school diploma endorsements, as provided under this section,
available to students graduating from high school beginning with the 2014‑2015
school year. The State Board of Education shall report to the Joint Legislative
Education Oversight Committee on the progress toward establishing specific
college and career endorsements for high school diplomas and for awarding these
endorsements by February 1, 2014. The State Board of Education shall submit the
report on the impact of awarding the high school endorsements on high school
graduation, college acceptance and remediation, and post‑high school
employment rates by September 1,September 15, 2016, and annually
thereafter."
SECTION 90. Section 3(b) of S.L. 2013‑1 reads as rewritten:
"SECTION 3.(b) The State Board of Education and
the State Board of Community Colleges shall jointly report to the Joint
Legislative Education Oversight Committee by October 1,October 15,
2014, on progress made on developing strategies to increase student engagement
in career and technical education, especially in engineering and industrial
technologies, and in other occupations with high numbers of employment
opportunities."
SECTION 91. Section 7.6(c) of S.L. 2013‑360 reads as rewritten:
SECTION 92. Section 8.3(j) of S.L. 2013‑360 reads as rewritten:
"SECTION 8.3.(j) Reports.
– For the 2013‑2015 fiscal biennium, the State Board of Education shall
report to the Fiscal Research Division prior to May 1 May 15 of
each year if it determines that counties have supplanted funds."
SECTION 93 . Section 8.4(i) of S.L. 2013‑360 reads as rewritten:
"SECTION 8.4.(i) Reports. – For the 2013‑2015
fiscal biennium, the State Board of Education shall report to the Fiscal
Research Division prior to May 1 May 15 of each fiscal year if it
determines that counties have supplanted funds."
Part V. Effective date.
SECTION 94. Except as otherwise provided, this act is effective when it becomes law.