GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 4
SENATE BILL 119*
Judiciary I
Committee Substitute Adopted 4/28/15
Corrected Copy 4/29/15
House Committee Substitute Favorable 9/29/15
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Short Title: GSC Technical Corrections 2015. |
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Sponsors: |
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Referred to: |
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February 27, 2015
A BILL TO BE ENTITLED
AN ACT to make technical corrections to the General Statutes and session laws, as recommended by the general statutes commission, and to make additional technical and other amendments to the statutes and session laws.
The General Assembly of North Carolina enacts:
PART I. TECHNICAL CORRECTIONS RECOMMENDED BY THE GENERAL STATUTES COMMISSION
SECTION 1.(a) G.S. 1‑267.1(d) reads as rewritten:
"(d) This section applies only to civil
proceedings. Nothing in this section shall be deemed to apply to criminal
proceedings, to proceedings under Chapter 15A of the General Statutes, to
proceedings making a collateral attack on any judgment entered in a criminal
proceeding, or to appeals from orders of the trial courts pertaining to
civil proceedings filed by a taxpayer pursuant to G.S. 105‑241.17."
SECTION 1.(b) G.S. 7A‑27 reads as rewritten:
"§ 7A‑27. Appeals of right from the courts of the trial divisions.
(a) Appeal lies of right directly to the Supreme Court in any of the following cases:
(1) All cases in which the defendant is convicted of murder in the first degree and the judgment of the superior court includes a sentence of death.
(2) From any final judgment in a case designated as a mandatory complex business case pursuant to G.S. 7A‑45.4 or designated as a discretionary complex business case pursuant to Rule 2.1 of the General Rules of Practice for the Superior and District Courts.
(3) From any interlocutory order of a Business Court Judge that does any of the following:
a. Affects a substantial right.
b. In effect determines the action and prevents a judgment from which an appeal might be taken.
c. Discontinues the action.
d. Grants or refuses a new trial.
(a1) Appeal lies of right directly to the Supreme Court
from any order or judgment of a court, either final or interlocutory, that
holds that an act of the General Assembly is facially invalid on the basis that
the act violates the North Carolina Constitution or federal law. Nothing in
this section subsection shall be deemed to apply to appeals from
orders of the trial courts pertaining to criminal proceedings, to proceedings
under Chapter 15A of the General Statutes, to proceedings making a collateral
attack on any judgment entered in a criminal proceeding, or to appeals from
orders of the trial courts pertaining to civil proceedings filed by a taxpayer
pursuant to G.S. 105‑241.17.
(b) Appeal Except as provided in subsection
(a) or (a1) of this section, appeal lies of right directly to the Court of
Appeals in any of the following cases:
(1) From any final judgment of a superior court, other
than the one described in subsection (a) of this section, or one based
on a plea of guilty or nolo contendere, including any final judgment entered
upon review of a decision of an administrative agency, except for a final
judgment entered upon review of a court martial under G.S. 127A‑62.
(2) From any final judgment of a district court in a civil action.
(3) From any interlocutory order or judgment of a superior court or district court in a civil action or proceeding that does any of the following:
a. Affects a substantial right.
b. In effect determines the action and prevents a judgment from which an appeal might be taken.
c. Discontinues the action.
d. Grants or refuses a new trial.
e. Determines a claim prosecuted under G.S. 50‑19.1.
f. Grants temporary injunctive relief restraining the
State or a political subdivision of the State from enforcing the operation or
execution of an act of the General Assembly as applied against a party in a
civil action. This subsection sub‑subdivision only applies
where the State or a political subdivision of the State is a party in the civil
action. This subsection sub‑subdivision does not apply to
facial challenges to an act's validity heard by a three‑judge panel
pursuant to G.S. 1‑267.1.
(4) From any other order or judgment of the superior court from which an appeal is authorized by statute.
(c) through (e) Repealed by Session Laws 2013‑411, s. 1, effective August 23, 2013."
SECTION 2. G.S. 7B‑323(f) reads as rewritten:
"(f) A party may appeal the district court's
decision under G.S. 7A‑27(c).G.S. 7A‑27(b)(2)."
SECTION 3. G.S. 14‑269 reads as rewritten:
"§ 14‑269. Carrying concealed weapons.
(a) It shall be unlawful for any person willfully and
intentionally to carry concealed about his or her person any bowie
knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin,
shuriken, stun gun, or other deadly weapon of like kind, except when
the person is on the person's own premises.
(a1) It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any pistol or gun except in the following circumstances:
(1) The person is on the person's own premises.
(2) The deadly weapon is a handgun, the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14‑415.11(c).
(3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14‑415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14‑415.11(a).
…
(b1) It is a defense to a prosecution under this section that:
(1) The weapon was not a firearm;
(2) The defendant was engaged in, or on the way to or
from, an activity in which he the defendant legitimately used the
weapon;
(3) The defendant possessed the weapon for that legitimate use; and
(4) The defendant did not use or attempt to use the weapon for an illegal purpose.
The burden of proving this defense is on the defendant.
…."
SECTION 4. G.S. 14‑313 reads as rewritten:
"§ 14‑313. Youth access to tobacco products, tobacco‑derived products, vapor products, and cigarette wrapping papers.
…
(b) Sale or distribution to persons under the age of 18 years. – If any person shall distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette wrapping papers to any person under the age of 18 years, or if any person shall purchase tobacco products or cigarette wrapping papers on behalf of a person under the age of 18 years, the person shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be unlawful to distribute tobacco products or cigarette wrapping papers to an employee when required in the performance of the employee's duties. Retail distributors of tobacco products shall prominently display near the point of sale a sign in letters at least five‑eighths of an inch high which states the following:
N.C. LAW STRICTLY PROHIBITS
THE PURCHASE OF TOBACCO PRODUCTS, TOBACCO‑DERIVED PRODUCTS, VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS
BY PERSONS UNDER THE AGE OF 18.
PROOF OF AGE REQUIRED.
Failure to post the required sign shall be an infraction punishable by a fine of twenty‑five dollars ($25.00) for the first offense and seventy‑five dollars ($75.00) for each succeeding offense.
A person engaged in the sale of tobacco products or cigarette wrapping papers shall demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under 18 years of age. Failure to demand proof of age as required by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of age. Retail distributors of tobacco products or cigarette wrapping papers shall train their sales employees in the requirements of this law. Proof of any of the following shall be a defense to any action brought under this subsection:
(1) The defendant demanded, was shown, and reasonably relied upon proof of age in the case of a retailer, or any other documentary or written evidence of age in the case of a nonretailer.
(2) The defendant relied on the electronic system established and operated by the Division of Motor Vehicles pursuant to G.S. 20‑37.02.
(3) The defendant relied on a biometric identification
system that demonstrated (i) the purchaser's age to be at least the required
age for the purchase and (ii) the purchaser had previously registered with the
seller or seller's agent a drivers license, a special identification card
issued under G.S. 20‑377.7, G.S. 20‑37.7, a
military identification card, or a passport showing the purchaser's date of birth
and bearing a physical description of the person named on the card.
…
(e) Statewide uniformity. – It is the intent of the
General Assembly to prescribe this uniform system for the regulation of tobacco
products and cigarette wrapping papers to ensure the eligibility for and
receipt of any federal funds or grants that the State now receives or may
receive relating to the provisions of G.S. 14‑313. this
section. To ensure uniformity, no political subdivisions, boards, or
agencies of the State nor any county, city, municipality, municipal
corporation, town, township, village, nor any department or agency thereof, may
enact ordinances, rules or regulations concerning the sale, distribution,
display or promotion of (i) tobacco products or cigarette wrapping papers on or
after September 1, 1995, or (ii) tobacco‑derived products or vapor
products on or after August 1, 2013. This subsection does not apply to the
regulation of vending machines, nor does it prohibit the Secretary of Revenue
from adopting rules with respect to the administration of the tobacco products
taxes levied under Article 2A of Chapter 105 of the General Statutes.
…."
SECTION 5. G.S. 15A‑150(b) reads as rewritten:
"(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.Vehicles.
(3) Any State or local agency identified by the petition as bearing record of the offense that has been expunged.
(4) The Department of Public Safety."
SECTION 6. G.S. 15A‑1340.16(f) reads as rewritten:
"(f) [Notice to State Treasurer of Finding. –] Notice
to State Treasurer of Finding. – If the court determines that an
aggravating factor under subdivision (9) of subsection (d) of this section has
been proven, the court shall notify the State Treasurer of the fact of the
conviction as well as the finding of the aggravating factor. The indictment
charging the defendant with the underlying offense must include notice that the
State seeks to prove the defendant acted in accordance with subdivision (9) of
subsection (d) of this section and that the State will seek to prove that as an
aggravating factor."
SECTION 7. G.S. 18B‑302(d) reads as rewritten:
"(d) Defense. – It shall be a defense to a violation of subsection (a) of this section if the seller:
…
(3) Shows that at the time of purchase, the purchaser
utilized a biometric identification system that demonstrated (i) the purchaser's
age to be at least the required age for the purchase and (ii) the purchaser had
previously registered with the seller or seller's agent a drivers license, a
special identification card issued under G.S. 20‑377.7, G.S. 20‑37.7,
a military identification card, or a passport showing the purchaser's date
of birth and bearing a physical description of the person named on the
document."
SECTION 8.(a) G.S. 20‑115 reads as rewritten:
"§ 20‑115.
Scope and effect of regulations in this title.Part.
It shall be unlawful for any person to drive or move or for
the owner to cause or knowingly permit to be driven or moved on any highway any
vehicle or vehicles of a size or weight exceeding the limitations stated in
this title, Part, or any vehicle or vehicles which are not so
constructed or equipped as required in this title, Part, or the
rules and regulations of the Department of Transportation adopted pursuant thereto
to this Part and the maximum size and weight of vehicles herein specified
in this Part shall be lawful throughout this State, and local
authorities shall have no power or authority to alter said the limitations
except as express authority may be granted in this Article."
SECTION 8.(b) G.S. 106‑549.21(d) and (e) read as rewritten:
"(d) No article subject to this title Article
shall be sold or offered for sale by any person, firm, or corporation, in
intrastate commerce, under any name or other marking or labeling which is false
or misleading, or in any container of a misleading form or size, but
established trade names and other marking and labeling and containers which are
not false or misleading, and which are approved by the Commissioner or his the
Commissioner's authorized representative, are permitted.
(e) If the Commissioner or his the
Commissioner's authorized representative has reason to believe that any
marking or labeling or the size or form of any container in use or proposed for
use with respect to any article subject to this title Article is
false or misleading in any particular, he the Commissioner or
representative may direct that such this use be withheld unless
the marking, labeling, or container is modified in such a manner as he
may prescribe the Commissioner or representative prescribes so that
it will not be false or misleading. If the person, firm, or corporation using
or proposing to use the marking, labeling or container does not accept the
determination of the Commissioner or his the Commissioner's authorized
representative, such the person, firm, or corporation may request
a hearing, but the use of the marking, labeling, or container shall, if the
Commissioner so directs, be withheld pending hearing and final determination by
the Commissioner. A person who uses or proposes to use the marking, labeling,
or container and who does not accept the determination of the Commissioner may
commence a contested case under G.S. 150B‑23. If directed by the
Commissioner, the marking, labeling, or container may not be used pending a
final decision."
SECTION 9. G.S. 20‑183.2(a1) reads as rewritten:
"(a1) Safety Inspection Exceptions. – The following vehicles shall not be subject to a safety inspection pursuant to this Article:
(1) Historic vehicles, as described in G.S. 20‑79.4(b)(88).G.S. 20‑79.4(b)(90).
(2) Buses titled to a local board of education and subject to the school bus inspection requirements specified by the State Board of Education and G.S. 115C‑248."
SECTION 10. G.S. 62‑36B is recodified as G.S. 62‑36.01.
SECTION 11. G.S. 62‑110.1(c) reads as rewritten:
"(c) The Commission shall develop, publicize, and
keep current an analysis of the long‑range needs for expansion of
facilities for the generation of electricity in North Carolina, including its
estimate of the probable future growth of the use of electricity, the probable
needed generating reserves, the extent, size, mix and general location of
generating plants and arrangements for pooling power to the extent not
regulated by the Federal Energy Regulatory Commission and other arrangements
with other utilities and energy suppliers to achieve maximum efficiencies for
the benefit of the people of North Carolina, and shall consider such analysis
in acting upon any petition by any utility for construction. In developing such
analysis, the Commission shall confer and consult with the public utilities in
North Carolina, the utilities commissions or comparable agencies of neighboring
states, the Federal Energy Regulatory Commission, the Southern Growth
Policies Board, and other agencies having relevant information and may
participate as it deems useful in any joint boards investigating generating
plant sites or the probable need for future generating facilities. In addition
to such reports as public utilities may be required by statute or rule of the
Commission to file with the Commission, any such utility in North Carolina may
submit to the Commission its proposals as to the future needs for electricity
to serve the people of the State or the area served by such utility, and
insofar as practicable, each such utility and the Attorney General may attend
or be represented at any formal conference conducted by the Commission in
developing a plan for the future requirements of electricity for North Carolina
or this region. In the course of making the analysis and developing the plan,
the Commission shall conduct one or more public hearings. Each year, the
Commission shall submit to the Governor and to the appropriate committees of
the General Assembly a report of its analysis and plan, the progress to date in
carrying out such plan, and the program of the Commission for the ensuing year
in connection with such plan."
SECTION 12. G.S. 66‑372(e) reads as rewritten:
"(e) All service agreements used in this State by a service agreement company shall:
(1) Not contain provisions that allow the company to cancel the agreement in its discretion other than for nonpayment of premiums or for a direct violation of the agreement by the consumer where the service agreement states that violation of the agreement would subject the agreement to cancellation;
(2) With respect to a motor vehicle service agreement
as defined in G.S. 66‑370(b)(1), G.S. 66‑370(b)(5),
provide for a right of assignability by the consumer to a subsequent
purchaser before expiration of coverage if the subsequent purchaser meets the
same criteria for motor vehicle service agreement acceptability as the original
purchaser; and
(3) Contain a cancellation provision allowing the consumer to cancel at any time after purchase and receive a pro rata refund less any claims paid on the agreement and a reasonable administrative fee, not to exceed ten percent (10%) of the amount of the pro rata refund."
SECTION 13. G.S. 90‑89(5) reads as rewritten:
"(5) Stimulants. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
a. Aminorex. Some trade or other names: aminoxaphen; 2‑amino‑5‑phenyl‑2‑oxazoline;
or 4,5‑dihydro‑5‑phenly‑2‑oxazolamine. or
4,5‑dihydro‑5‑phenyl‑2‑oxazolamine.
…
j. A compound, other than bupropion, that is
structurally derived from 2‑amino‑1‑phenyl‑1‑propanone
by modification in any of the following ways: (i) by substitution in the phenyl
ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents, whether or not further substituted in the phenyl ring by one or
more other univalent substituents; (ii) by substitution at the 3‑position
with an alkyl substituent; or (iii) by substitution at the nitrogen atom with
alkyl or diakyl dialkyl groups or by inclusion of the nitrogen
atom in a cyclic structure.
…."
SECTION 14.(a) G.S. 90‑113.101 reads as rewritten:
"§ 90‑113.101. Definitions.
The following definitions apply in this Article:
(a)(1) Caregiver. – An individual who is a
parent, legal guardian, or custodian of a person diagnosed with intractable
epilepsy.
(b)(2) Caregiver Registration Card. – A
registration card issued by the Department of Health and Human Services under
this Article to a caregiver.
(c)(3) Database. – The Intractable Epilepsy
Alternative Treatment Pilot Study database, established by the Department of
Health and Human Services pursuant to this Article, to register caregivers,
patients, and recommending neurologists.
(d)(4) Department. – The Department of Health
and Human Services.
(e)(5) Hemp Extract. – An extract from a
cannabis plant, as defined in G.S. 90‑94.1(a).
(f)(6) Intractable Epilepsy. – A seizure
disorder that, as determined by a neurologist, does not respond to three or
more treatment options overseen by the neurologist.
(g)(7) Neurologist. – An individual who is
licensed under Article 1 of Chapter 90 of the General Statutes, who is board
certified in neurology, and is affiliated with the neurology department at one
or more of the following universities:
(1) The University of North Carolina at Chapel Hill.
(2) East Carolina University.
(3) Duke University.
(4) Wake Forest University.
(h)(8) Patient. – A person who has been
diagnosed by a neurologist with intractable epilepsy.
(i)(9) Pilot Study. – An evidence‑based
investigation of the safety and efficacy of treating intractable epilepsy using
hemp extract conducted by one or more neurologists registered pursuant to this
Article."
SECTION 14.(b) This section becomes effective July 16, 2015.
SECTION 15. G.S. 113A‑153 is repealed.
SECTION 16.(a) G.S. 63A‑9 reads as rewritten:
"§ 63A‑9. Bonds and notes.
…
(l) Bonds and notes are exempt from all State,
county, and municipal taxation or assessment, direct or indirect, general or
special, whether imposed for the purpose of general revenue or otherwise,
excluding inheritance and gift taxes, income taxes on the gain from the
transfer of bonds and notes, and franchise taxes. The interest on bonds and
notes is not subject to taxation as income."
SECTION 16.(b) G.S. 115C‑513 reads as rewritten:
"§ 115C‑513. Special tax for certain merged school administrative units.
…
(b) Issuance of Bonds. – The board of education of a merged school administrative unit may issue notes, bonds, or refunding bonds at one time or from time to time to pay the capital costs of school facilities as described in G.S. 159‑48. The bonds shall be issued and maintained in accordance with the provisions of Articles 1, 4, 5A, 7, 9, 10, and 11 of Chapter 159 of the General Statutes, except as modified by this section.
The board of education of a merged school administrative unit shall call for a referendum authorizing the issuance of notes, bonds, and refunding bonds and the levy of a tax to pay amounts relating to these notes, bonds, or refunding bonds. The referendum may be called only with the consent of the boards of commissioners of both counties in which the merged school administrative unit is located. The referendum shall be held in the merged school administrative unit and only those qualified voters who reside in the unit may vote. The board of commissioners of each county shall have the referendum conducted by the board of elections of its county.
After issuance of the approved bonds, the merged school administrative unit shall make timely payments of principal and interest on the bonds after receipt of notification of its debt service obligation pursuant to G.S. 159‑35. The provisions of G.S. 159‑36 govern a failure by the merged school administrative unit to levy taxes or otherwise provide for payment of the debt.
Bonds, notes, and refunding bonds issued under this section
shall be exempt from all State, county, and municipal taxation and assessment,
direct or indirect, general or special, whether imposed for the purpose of general
revenue or otherwise, excluding inheritance and gift taxes, income taxes
on the gain from the transfer of bonds, notes, and refunding bonds, and
franchise taxes. The interest on bonds, notes, and refunding bonds is not
subject to taxation as income.
Article 9 of the North Carolina Uniform Commercial Code, Chapter 25 of the General Statutes, does not apply to any security interest created in connection with the issuance of bonds under this section."
SECTION 16.(c) G.S. 116‑183 reads as rewritten:
"§ 116‑183. Acceptance of grants; exemption from taxation.
The Board is hereby authorized, subject to the approval of
the Director of the Budget, to accept grants of money or materials or property
of any kind for any project from a federal agency, private agency, corporation
or individual, upon such terms and conditions as such federal agency, private
agency, corporation or individual may impose. The bonds issued under this
Article are exempt from all State, county, and municipal taxation or
assessment, direct or indirect, general or special, whether imposed for the
purpose of general revenue or otherwise, excluding inheritance and gift
taxes, income taxes on the gain from the transfer of the bonds and notes,
and franchise taxes. The interest on the bonds and notes is not subject to
taxation as income."
SECTION 16.(d) G.S. 116‑196 reads as rewritten:
"§ 116‑196. Exemption from taxation; bonds eligible for investment or deposit.
Any bonds issued under this Article shall at all times be
exempt from all taxes or assessment, direct or indirect, general or special,
whether imposed for the purpose of general revenue or otherwise, which are
levied or assessed by the State or by any county, political subdivision, agency
or other instrumentality of the State, excluding inheritance and gift taxes,
income taxes on the gain from the transfer of the bonds, and franchise
taxes. The interest on the bonds is not subject to taxation as income. Bonds
issued by the Board under the provisions of this Article are hereby made securities
in which all public officers and public bodies of the State and its political
subdivisions, all insurance companies, trust companies, banking associations,
investment companies, executors, administrators, trustees and other fiduciaries
may properly and legally invest funds, including capital in their control or
belonging to them. Such bonds are hereby made securities which may properly and
legally be deposited with and received by any State or municipal officer or any
agency or political subdivision of the State for any purpose for which the
deposit of bonds or obligations of the State is now or may hereafter be
authorized by law."
SECTION 16.(e) G.S. 116‑198.39 reads as rewritten:
"§ 116‑198.39. Bonds are exempt from taxation.
Any bonds issued under this Article shall at all times be
exempt from all taxes or assessment, direct or indirect, general or special,
whether imposed for the purpose of general revenue or otherwise, which are
levied or assessed by the State or by any county, political subdivision,
agency, or other instrumentality of the State, excluding inheritance and
gift taxes, income taxes on the gain from the transfer of the bonds, and
franchise taxes. The interest on the bonds is not subject to taxation as
income. Bonds issued by the Board under the provisions of this Article are
hereby made securities in which all public officers and public bodies of the
State and its political subdivisions, all insurance companies, trust companies,
banking associations, investment companies, executors, administrators,
trustees, and other fiduciaries may properly and legally invest funds,
including capital in their control or belonging to them. Such bonds are hereby
made securities which may properly and legally be deposited with and received
by any State or municipal officer or any agency or political subdivision of the
State for any purpose for which the deposit of bonds or obligations of the
State is now or may hereafter be authorized by law."
SECTION 16.(f) G.S. 142‑29.6 reads as rewritten:
"§ 142‑29.6. Sale of refunding obligations and provisions thereof.
…
(f) All refunding obligations shall be exempt from
all State, county and municipal taxation or assessment, direct or indirect,
general or special, whether imposed for the purpose of general revenue or
otherwise, except for inheritance and gift taxes, income taxes on the
gain from the transfer of the obligations, and franchise taxes. The interest on
the refunding obligations is not subject to taxation as income."
SECTION 16.(g) G.S. 142‑68 reads as rewritten:
"§ 142‑68. Tax exemption.
Any financing contract entered pursuant to this Article, and
any certificates of participation relating to it, shall at all times be free
from taxation by the State or any political subdivision or any of their
agencies, excepting estate, inheritance, and gift taxes; income taxes on
the gain from the transfer of the financing contract or certificates of
participation; and franchise taxes. The interest component of the installment
payments made by the State under the financing contract, including the interest
component of any certificates of participation, is not subject to taxation as
income."
SECTION 16.(h) G.S. 142‑92 reads as rewritten:
"§ 142‑92. Tax exemption.
Special indebtedness shall at all times be free from taxation
by the State or any political subdivision or any of their agencies, excepting estate,
inheritance, and gift taxes; income taxes on the gain from the transfer of
the indebtedness; and franchise taxes. The interest component of any payments
made by the State under special indebtedness, including the interest component
of any certificates of participation, is not subject to taxation as to income."
SECTION 16.(i) G.S. 157‑26 reads as rewritten:
"§ 157‑26. Tax exemptions.
An authority is a local government agency and is exempt from
taxation to the same extent as a unit of local government. Property owned by an
authority is exempt from taxation in accordance with Article V, § 2 of the
North Carolina Constitution. Bonds and other obligations issued by an authority
or its corporate agent authorized by this Article to exercise its powers are
declared to be issued for a public purpose and to be public instrumentalities.
These obligations are exempt from all State, county, and municipal taxation or
assessment, direct or indirect, general or special, whether imposed for the
purpose of general revenue or otherwise, excluding inheritance and gift
taxes, income taxes on the gain from the transfer of the obligations, and
franchise taxes. The interest on the obligations is not subject to taxation as
income."
SECTION 16.(j) G.S. 159I‑23 reads as rewritten:
"§ 159I‑23. Tax exemption.
All of the bonds and notes authorized by this Chapter shall
be exempt from all State, county, and municipal taxation or assessment, direct
or indirect, general or special, whether imposed for the purpose of general
revenue or otherwise, excluding inheritance and gift taxes, income taxes
on the gain from the transfer of the bonds and notes, and franchise taxes. The
interest on the bonds and notes shall not be subject to taxation as income."
SECTION 16.(k) G.S. 160A‑480.14 reads as rewritten:
"§ 160A‑480.14. Taxation of revenue bonds.
Any bonds and notes issued by the Authority under the
provisions of this Part shall be exempt from all State, county, and municipal
taxation or assessment, direct or indirect, general or special, whether imposed
for the purpose of general revenue or otherwise, excluding inheritance and
gift taxes, income taxes on the gain from the transfer of bonds and notes,
and franchise taxes. The interest on bonds and notes issued by an Authority
under the provisions of this Part shall not be subject to taxation as to
income."
SECTION 16.(l) G.S. 160A‑516 reads as rewritten:
"§ 160A‑516. Issuance of bonds.
…
(b) Neither the commissioners of a commission nor any
person executing the bonds shall be liable personally on the bonds by reason of
the issuance of the bonds. The bonds and other obligations of the commission
(and the bonds and obligations shall so state on their face) shall not be a
debt of the municipality, the county, or the State and neither the
municipality, the county, nor the State shall be liable on the bonds, nor in
any event shall the bonds or obligations be payable out of any funds or
properties other than those of the commission acquired for the purpose of this
Article. The bonds shall not constitute an indebtedness of the municipality
within the meaning of any constitutional or statutory debt limitation or
restriction. Bonds of a commission are declared to be issued for an essential
public and governmental purpose and to be public instrumentalities. The bonds
are exempt from all State, county, and municipal taxation or assessment, direct
or indirect, general or special, whether imposed for the purpose of general
revenue or otherwise, excluding inheritance and gift taxes, income taxes
on the gain from the transfer of the bonds and notes, and franchise taxes. The
interest on the bonds is not subject to taxation as income. Bonds may be issued
by a commission under this Article notwithstanding any debt or other limitation
prescribed in any statute. This Article without reference to other statutes of
the State shall constitute full and complete authority for the authorization
and issuance of bonds by the commission under this Article and this
authorization and issuance shall not be subject to any conditions,
restrictions, or limitations imposed by any other statute whether general,
special, or local, except as provided in subsection (d) of this section."
SECTION 17. G.S. 131E‑154.13 reads as rewritten:
"§ 131E‑154.13. Definitions.
The following definitions apply in this Part, unless otherwise specified:
…
(3) NC NOVA Partner Team. – The entity responsible for
developing the criteria and protocols for the NC NOVA special licensure
designation. The Partner Team is inclusive of representatives from the
following organizations: Association for Home and Hospice Care of North
Carolina, Direct Care Workers Association of North Carolina, Duke University
Gerontological Nursing Program, Friends of Residents in Long Term Care, North
Carolina Assisted Living Association, North Carolina Association of Long Term
Care Facilities, North Carolina Association of Non‑Profit Homes for
the Aging, LeadingAge North Carolina, North Carolina Department of
Health and Human Services, North Carolina Foundation for Advanced Health
Programs, North Carolina Health Care Facilities Association, The Carolinas
Center for Medical Excellence, and the University of North Carolina at Chapel
Hill – Institute on Aging.
…."
SECTION 18. G.S. 143‑228.10 reads as rewritten:
"§ 143‑228.10. (See Editor's note) Definitions.
The following definitions apply to Section 6 of this act:in
this Article:
…."
SECTION 19. G.S. 143B‑431.01(d) reads as rewritten:
"(d) Limitations. – Prior to contracting with a North Carolina nonprofit corporation pursuant to this section and in order for the North Carolina nonprofit corporation to receive State funds, the following conditions shall be met:
(1) At least 45 days prior to entering into or amending in a nontechnical manner a contract authorized by this section, the Department shall submit the contract or amendment, along with a detailed explanation of the contract or amendment, to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division.
(2) The nonprofit corporation adheres to the following governance provisions related to its governing board:
…
e. The board is required to perform the following
duties if the Department contracts pursuant to G.S. 143B‑431.01 this
section for the performance of the Secretary's responsibilities under G.S. 143B‑434.01:
…."
SECTION 20. G.S. 143B‑927 reads as rewritten:
"§ 143B‑927. Personnel of the State Bureau of Investigation.
The Director of the State Bureau of Investigation may appoint
a sufficient number of assistants who shall be competent and qualified to do
the work of the Bureau. The Director shall be responsible for making all hiring
and personnel decisions of the Bureau. Notwithstanding the provisions of this
Chapter, Chapter 143A, and Chapter 143B this Chapter or Chapter 143A of
the General Statutes, the Director may hire or fire personnel and transfer
personnel within the Bureau."
SECTION 21. G.S. 143C‑6‑23(f1) reads as rewritten:
"(f) Suspension and Recovery of Funds to Grant Recipients for Noncompliance. – The Office of State Budget and Management, after consultation with the administering State agency, shall have the power to suspend disbursement of grant funds to grantees or subgrantees, to prevent further use of grant funds already disbursed, and to recover grant funds already disbursed for noncompliance with rules adopted pursuant to subsection (d) of this section. If the grant funds are a pass‑through of funds granted by an agency of the United States, then the Office of State Budget and Management must consult with the granting agency of the United States and the State agency that is the recipient of the pass‑through funds prior to taking the actions authorized by this subsection.
(f1) Return of Grant Funds. – Except as otherwise required by federal law, a grantee or subgrantee shall return to the State all affected grant funds and interest earned on those funds if any of the following occurs:
(1) The funds are in the possession or control of a grantee and are not expended, made subject to an encumbrance, or disbursed to a subgrantee by August 31 immediately following the fiscal year in which the funds are appropriated by the General Assembly, or a different period set forth in the terms of the applicable appropriation or federal grant.
(2) The funds remain unexpended at the time that the grantee or subgrantee dissolves, ceases operations, or otherwise indicates that it does not intend to spend the funds.
(3) The Office of State Budget and Management seeks to
recover the funds pursuant to subsection (f) of this act.section."
SECTION 22. G.S. 150B‑21.1(a)(12) is repealed.
SECTION 23. G.S. 150B‑21.3(b2) reads as rewritten:
"(b2) Objection. – Any person who objects to the
adoption of a permanent rule may submit written comments to the agency. If the
objection is not resolved prior to adoption of the rule, a person may submit
written objections to the Commission. If the Commission receives written
objections from 10 or more persons, no later than 5:00 P.M. of the day
following the day the Commission approves the rule, clearly requesting review
by the legislature in accordance with instructions contained in the notice
pursuant to G.S. 150B‑21.2(c)(9), posted on the agency's Web
site pursuant to G.S. 150B‑19.1(c)(4), and the Commission
approves the rule, the rule will become effective as provided in subsection
(b1) of this section. The Commission shall notify the agency that the rule is
subject to legislative disapproval on the day following the day it receives 10
or more written objections. When the requirements of this subsection have been
met and a rule is subject to legislative disapproval, the agency may adopt the
rule as a temporary rule if the rule would have met the criteria listed in G.S. 150B‑21.1(a)
at the time the notice of text for the permanent rule was published in the
North Carolina Register. If the Commission receives objections from 10 or more
persons clearly requesting review by the legislature, and the rule objected to
is one of a group of related rules adopted by the agency at the same time, the
agency that adopted the rule may cause any of the other rules in the group to
become effective as provided in subsection (b1) of this section by submitting a
written statement to that effect to the Commission before the other rules
become effective."
SECTION 24. G.S. 150B‑23.2(d) reads as rewritten:
"(d) Wavier Waiver or Refund. – The
Office of Administrative Hearings shall by rule provide for the fee to be
waived in a contested case in which the petition is filed in forma pauperis and
supported by such proofs as are required in G.S. 1‑110 and in a
contested case involving a mandated federal cause of action. The Office of
Administrative Hearings shall by rule provide for the fee to be refunded in a
contested case in which the losing party is the State."
SECTION 25. G.S. 161‑22.3 reads as rewritten:
"§ 161‑22.3. Minimum standards for land records management.
In addition to the recording and indexing procedures set
forth in this Article, the register of deeds shall follow the rules specifying
minimum standards and procedures in land records management adopted by the
Department of Secretary of State pursuant to G.S. 143‑345.6(b1).G.S. 147‑54.3(b1)."
SECTION 26. G.S. 163‑275 reads as rewritten:
"§ 163‑275. Certain acts declared felonies.
Any person who shall, in connection with any primary, general or special election held in this State, do any of the acts or things declared in this section to be unlawful, shall be guilty of a Class I felony. It shall be unlawful:
(1) For any person fraudulently to cause his that
person's name to be placed upon the registration books of more than one
election precinct or fraudulently to cause or procure his that person's
name or that of any other person to be placed upon the registration books
in any precinct when such registration in that precinct does not qualify
such the person to vote legally therein, or to impersonate
falsely another registered voter for the purpose of voting in the stead of such
other voter;the other voter.
(2) For any person to give or promise or request or
accept at any time, before or after any such primary or election, any money,
property or other thing of value whatsoever in return for the vote of any elector;elector.
(3) For any person who is an election officer, a member
of an election board or other officer charged with any duty with respect to any
primary or election, knowingly to make any false or fraudulent entry on any
election book or any false or fraudulent returns, or knowingly to make or cause
to be made any false statement on any ballot, or to do any fraudulent act or
knowingly and fraudulently omit to do any act or make any report legally
required of such person;that person.
(4) For any person knowingly to swear falsely with
respect to any matter pertaining to any primary or election;election.
(5) For any person convicted of a crime which excludes him
the person from the right of suffrage, to vote at any primary or
election without having been restored to the right of citizenship in due course
and by the method provided by law;law.
(6) For any person to take corruptly the oath
prescribed for voters;voters.
(7) For any person with intent to commit a fraud to
register or vote at more than one precinct or more than one time, or to induce
another to do so, in the same primary or election, or to vote illegally at any
primary or election;election.
(8) For any chief judge or any clerk or copyist to make
any entry or copy with intent to commit a fraud;fraud.
(9) For any election official or other officer or
person to make, certify, deliver or transmit any false returns of any primary
or election, or to make any erasure, alteration, or conceal or destroy any
election ballot, book, record, return or process with intent to commit a fraud;fraud.
(10) For any person to assault any chief judge, judge of
election or other election officer while in the discharge of his duty duties
in the registration of voters or in conducting any primary or election;election.
(11) For any person, by threats, menaces or in any other
manner, to intimidate or attempt to intimidate any chief judge, judge of
election or other election officer in the discharge of his duties in the
registration of voters or in conducting any primary or election;election.
(12) For any chief judge, judge of election, member of a
board of elections, assistant, marker, or other election official, directly or
indirectly, to seek, receive or accept money or the promise of money, the
promise of office, or other reward or compensation from a candidate in any
primary or election or from any source other than such compensation as may be
provided by law for his services;that person's services.
(13) For any person falsely to make or present any
certificate or other paper to qualify any person fraudulently as a voter, or to
attempt thereby to secure to any person the privilege of voting, including
declarations made under this Chapter, G.S. 20‑37.7(d)(5), 20‑37.7(d)(6),
130A‑93.1(c), and 161‑10(a)(8);161‑10(a)(8).
(14) For any officer to register voters and any other
individual to knowingly and willfully receive, complete, or sign an application
to register from any voter contrary to the provisions of G.S. 163‑82.4;
orG.S. 163‑82.4.
(15) Reserved for future codification purposes.
(16) For any person falsely to make the certificate provided by G.S. 163‑229(b)(2).
(17) For any person, directly or indirectly, to misrepresent the law to the public through mass mailing or any other means of communication where the intent and the effect is to intimidate or discourage potential voters from exercising their lawful right to vote.
(18) For any person, knowing that a person is not a citizen of the United States, to instruct or coerce that person to register to vote or to vote."
SECTION 27. G.S. 163‑278.13(a1) reads as rewritten:
"(a1) Effective for each odd‑numbered calendar
year beginning in 2015, the dollar amount of the contribution limitation
established by subsections (a), (b), and (c) of this subsection shall be
increased as provided in this subsection. On July 1 of each even‑numbered
year, the State Board of Elections shall calculate from data from the Bureau of
Labor Statistics of the United States Department of Labor Register the percent
difference between the price index for the July 1 of the previous even‑numbered
year. That percentage increase shall be multiplied by the previous dollar
amount contribution limit, that number added to the previous dollar amount
contribution limit, and the total shall become effective with respect to
contributions made or accepted on or after January 1 of the next odd‑numbered
year. If the amount after adjustment is not a multiple of one hundred dollars
($100.00), the total shall be rounded to the nearest multiple of one hundred
dollars ($100.00). As used in this subsection the term "price index"
means the average over a calendar year of the Consumer Price Index (all items –
United States city average) published monthly by the Bureau of Labor
Statistics. The revised amount of the dollar limit of contributions shall
remain in effect for two calendar years until the next adjustment is made. The
State Board of Elections shall publish the revised amount in the North Carolina
Register and shall notify the Reviser Revisor of Statutes who
shall adjust the dollar amounts in subsections (a), (b), and (c) of this
section."
SECTION 28.(a) Section 2 of S.L. 2010‑32 is codified as G.S. 39A‑4.
SECTION 28.(b) G.S. 39A‑4, as created by Section 27(a) of this act, reads as rewritten:
"§ 39A‑4. Applicability; interpretation.
(a) This Chapter applies to (i) any transfer fee covenant that is recorded after July 1, 2010; (ii) any lien that is filed to enforce a transfer fee covenant that is recorded after July 1, 2010, or purports to secure payment of a transfer fee that is recorded after July 1, 2010; and (iii) any agreement imposing a private transfer fee obligation entered into after July 1, 2010.
(b) Nothing in this act Chapter shall
be interpreted to mean that a transfer fee covenant recorded prior to the
effective date of this act July 1, 2010, is valid or enforceable."
SECTION 28.(c) Section 3 of S.L. 2010‑32 reads as rewritten:
"SECTION 3. This act is effective when it becomes
law and applies to: (i) any transfer fee covenant that is recorded after the
effective date of this act; (ii) any lien that is filed to enforce a transfer
fee covenant that is recorded after the effective date of this act or purports
to secure payment of a transfer fee that is recorded after the effective date
of this act; and (iii) any agreement imposing a private transfer fee obligation
entered into after the effective date of this act.law."
SECTION 29. The introductory language of Section 3 of S.L. 2014‑76 reads as rewritten:
"SECTION 3. G.S. 94‑133(a) G.S. 95‑133(a)
reads as rewritten:"
SECTION 30. Section 3.5 of S.L. 2015‑35 reads as rewritten:
"SECTION 3.5.(a) Notwithstanding the PLAN OF MERGER OF THE IREDELL COUNTY AND STATESVILLE CITY SCHOOLS, as amended by Section 2 of S.L. 2002‑18, beginning in 2016, members of the Iredell‑Statesville Schools Board of Education shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Iredell‑Statesville Schools Board of Education shall be nominated at the same time and manner as other county officers. Members elected shall take office and qualify on the first Monday in December of the year of their election and the terms of their predecessors shall expire at that same time. Vacancies on the Iredell‑Statesville Schools Board of Education for positions elected on a partisan basis shall be filled in accordance with G.S. 115C‑37.1.
"SECTION 3.5.(b) For positions elected on a
nonpartisan basis in 2012 or 2014, vacancies occurring in the membership of the
Iredell‑States Iredell‑Statesville Schools Board of
Education shall be filled for the unexpired term by the remaining members of
the Board of Education."
SECTION 31.(a) S.L. 2015‑205 is amended by adding a new Part to read:
"PART X‑A. UNIFORM TRUST CODE; CLARIFY REPORT ON TRUSTEE FEES.
SECTION 10.5. G.S. 36C‑8‑802(f) reads as rewritten:
"(f) Notwithstanding subsection (c) of this section:
(1) An investment by a trustee in securities of an
investment company, investment trust, or pooled investment vehicle in which the
trustee or its affiliate has an investment, or to which the trustee, or its
affiliate, provides services for compensation, is not presumed to be affected
by a conflict between personal and fiduciary interests if the investment
otherwise complies with the prudent investor rule of Article 9 of this Chapter.
The investment company, investment trust, or pooled investment vehicle may
compensate the trustee for providing those services out of fees charged to the
trust if the trustee at least annually notifies the persons entitled under G.S. 36C‑8‑813
to receive a copy of the trustee's annual report provides notice of
the rate and method by which the compensation was determined; determined
to each beneficiary of the trust to whom the trustee owes a duty under G.S. 36C‑8‑813(a)(1)
to provide the information described in that subdivision; and
(2) Payment made by a trustee to an attorney, broker, accountant, or agent for services performed on behalf of the trust in the ordinary course of business is not considered to be affected by a conflict between the trustee's personal and fiduciary interests if the payment is consistent with payments generally made for the same or similar services."
SECTION 31.(b) Section 11(a) of S.L. 2015‑205 reads as rewritten:
"SECTION 11.(a) The Revisor of Statutes shall
cause to be printed, as annotations to the published General Statutes, all
relevant portions of the Official Commentary to the Uniform Powers of
Appointment Act and of the Official Commentary to the Uniform Trust Code and
all explanatory comments of the drafters of those acts, Part III and
Parts VI through X‑A of this act, as the Revisor may deem
appropriate."
PART II. ADDITIONAL TECHNICAL CORRECTIONS AND OTHER AMENDMENTS
SECTION 32. G.S. 1C‑1853(j), as enacted by S.L. 2015‑107, reads as rewritten:
"(j) If a proceeding in a foreign court is brought
by a foreign government entity based upon rules of law adopted for the benefit
of the foreign government entity that are applied ex post facto to conduct of
the defendant or if the action imposes liability for harms to individuals
without requiring individualized proof of each element of the claim for each
such individual, the court shall find that the action is fundamentally unfair
and its judgment is repugnant to the public policy of this State under G.S. 1C‑1853(c)(3)
and (5).subdivisions (3) and (8) of subsection (c) of this section."
SECTION 32.5. G.S. 6‑21.6(b) reads as rewritten:
"(b) Reciprocal attorneys' fees provisions in
business contracts are valid and enforceable for the recovery of reasonable
attorneys' fees and expenses only if all of the parties to the business
contract sign by hand the business contract. In any suit, action,
proceeding, or arbitration primarily for the recovery of monetary damages, the
award of reasonable attorneys' fees may not exceed the monetary damages
awarded. Signature "by hand" is not intended to prevent the
application of this section to a business contract executed by either of the
following:
(1) A party's electronic signature, as defined in G.S. 66‑312, if the party's electronic signature originates from an affirmative action on the part of the party to evidence acceptance and execution such as typing the party's signature or writing the party's signature with a finger or stylus on a touchscreen to indicate acceptance and execution.
(2) A party's manual signature that is delivered by an electronic reproductive image thereof."
SECTION 32.7. G.S. 7A‑45.1(a10) reads as rewritten:
"(a10) Except for the judgeships abolished pursuant to subsection (a8) of this section, upon the retirement, resignation, removal from office, death, or expiration of the term of any special superior court judge on or after September 1, 2014, each judgeship shall be filled for a full five‑year term beginning upon the judge's taking office according to the following procedure prescribed by the General Assembly pursuant to Article IV, Section 9(1) of the North Carolina Constitution. As each judgeship becomes vacant or the term expires, the Governor shall submit the name of a nominee for that judgeship to the General Assembly for confirmation by ratified joint resolution. Upon each such confirmation, the Governor shall appoint the confirmed nominee to that judgeship.
However, upon the failure of the Governor to submit the name of a nominee within 90 days of the occurrence of the vacancy or within 90 days of the expiration of the judge's term, as applicable, the President Pro Tempore of the Senate and the Speaker of the House of Representatives jointly shall submit the name of a nominee to the General Assembly. The appointment shall then be made by enactment of a bill. The bill shall state the name of the person being appointed, the office to which the appointment is being made, and the county of residence of the appointee.
The Governor may withdraw any nomination prior to it failing on any reading, and in case of such withdrawal the Governor shall submit a different nomination within 45 days of withdrawal. If a nomination shall fail any reading, the Governor shall submit a different nomination within 45 days of such failure. In either case of failure to submit a new nomination within 45 days, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall submit the name of a nominee to the General Assembly under the procedure provided in the preceding paragraph.
A special superior court judge designated as a business court judge whose term expires shall continue in office until a successor special superior court judge has been appointed as provided in this subsection and designated as a business court judge by the Chief Justice, unless the special superior court judgeship has been abolished.
No person shall occupy a special superior court judgeship authorized under this subsection in any capacity, or have any right to, claim upon, or powers of those judgeships, unless that person's nomination has been confirmed by the General Assembly by joint resolution or appointed through the enactment of a bill upon the failure of the Governor to submit a nominee. Until confirmed by the General Assembly and appointed by the Governor, or appointed by the General Assembly upon the failure of the Governor to appoint a nominee, and qualified by taking the oath of office, a nominee is neither a de jure nor a de facto officer."
SECTION 33.(a) G.S. 7B‑401.1(b), as amended by Section 22 of S.L. 2015‑181, reads as rewritten:
"(b) Parents. – The juvenile's parent shall be a party unless one of the following applies:
(1) The parent's rights have been terminated.
(2) The parent has relinquished the juvenile for adoption, unless the court orders that the parent be made a party.
(3) The parent has been convicted under G.S. 14‑27.21,
G.S. 14‑27.22, 14‑27.23, or G.S. 14‑27.24
for an offense that resulted in the conception of the juvenile."
SECTION 33.(b) G.S. 7B‑1103(c), as amended by Section 23 of S.L. 2015‑181, reads as rewritten:
"(c) No person whose actions resulted in a
conviction under G.S. 14‑27.21, G.S. 14‑27.22, 14‑27.23,
or G.S. 14‑27.24 and the conception of the juvenile may
file a petition to terminate the parental rights of another with respect to
that juvenile."
SECTION 33.(c) G.S. 7B‑1104, as amended by Section 24 of S.L. 2015‑181, reads as rewritten:
"§ 7B‑1104. Petition or motion.
The petition, or motion pursuant to G.S. 7B‑1102, shall be verified by the petitioner or movant and shall be entitled "In Re (last name of juvenile), a minor juvenile", who shall be a party to the action, and shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state:
…
(3) The name and address of the parents of the
juvenile. If the name or address of one or both parents is unknown to the
petitioner or movant, the petitioner or movant shall set forth with
particularity the petitioner's or movant's efforts to ascertain the identity or
whereabouts of the parent or parents. The information may be contained in an
affidavit attached to the petition or motion and incorporated therein by
reference. A person whose actions resulted in a conviction under G.S. 14‑27.21,
G.S. 14‑27.22, 14‑27.23, or G.S. 14‑27.24
and the conception of the juvenile need not be named in the petition.
…."
SECTION 33.(d) This section becomes effective December 1, 2015, and applies to petitions filed on or after that date.
SECTION 34.(a) G.S. 7B‑901(c), as enacted by S.L. 2015‑136, reads as rewritten:
"(c) If the disposition order places a juvenile in the custody of a county department of social services, the court shall direct that reasonable efforts for reunification as defined in G.S. 7B‑101 shall not be required if the court makes written findings of fact pertaining to any of the following:
(1) A court of competent jurisdiction has determined that aggravated circumstances exist because the parent has committed or encouraged the commission of, or allowed the continuation of, any of the following upon the juvenile:
a. Sexual abuse.
b. Chronic physical or emotional abuse.
c. Torture.
d. Abandonment.
e. Chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the juvenile.
f. Any other act, practice, or conduct that increased the enormity or added to the injurious consequences of the abuse or neglect.
(2) A court of competent jurisdiction has terminated involuntarily the parental rights of the parent to another child of the parent.
(3) A court of competent jurisdiction has determined that (i) the parent has committed murder or voluntary manslaughter of another child of the parent; (ii) has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child or another child of the parent; (iii) has committed a felony assault resulting in serious bodily injury to the child or another child of the parent; (iv) has committed sexual abuse against the child or another child of the parent; or (v) has been required to register as a sex offender on any government‑administered registry."
SECTION 34.(b) This section becomes effective October 1, 2015.
SECTION 34.5.(a) G.S. 14‑288.8(b) reads as rewritten:
"(b) This section does not apply to any of the following:
…
(5) Persons who lawfully possess purchase, acquire,
possess, or own a weapon as defined in subsection (c) of this section in
compliance with federal law.26 U.S.C. Chapter 53, §§ 5801‑5871.
Nothing in this subdivision shall limit the discretion of the sheriff in
executing the paperwork required by the United States Bureau of Alcohol,
Tobacco and Firearms for such person to obtain the weapon."
SECTION 34.5.(b) G.S. 14‑409(b) reads as rewritten:
"(b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following:
Banks, merchants, and recognized business establishments for
use in their respective places of business, who shall first apply to and
receive from the sheriff of the county in which said business is located, a
permit to possess the said weapons for the purpose of defending the said
business; officers and soldiers of the United States Army, when in discharge of
their official duties, officers and soldiers of the militia when called into
actual service, officers of the State, or of any county, city or town, charged
with the execution of the laws of the State, when acting in the discharge of
their official duties; the manufacture, use or possession of such weapons for
scientific or experimental purposes when such manufacture, use or possession is
lawful under federal laws and the weapon is registered with a federal agency,
and when a permit to manufacture, use or possess the weapon is issued by the
sheriff of the county in which the weapon is located; a person who lawfully possesses
purchases, acquires, possesses, or owns a weapon as defined by
subsection (a) of this section in compliance with federal law.26
U.S.C. Chapter 53, §§ 5801‑5871. Nothing in this subdivision shall limit
the discretion of the sheriff in executing the paperwork required by the United
States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the
weapon. Provided, further, that any bona fide resident of this State who
now owns a machine gun used in former wars, as a relic or souvenir, may retain
and keep same as his or her property without violating the provisions of this
section upon his reporting said ownership to the sheriff of the county in which
said person lives."
SECTION 35.(a) G.S. 14‑404 is amended by adding a new subsection to read:
"(d1) Nothing in this Article shall apply to a State probation or parole officer receiving or purchasing a weapon pursuant to G.S. 20‑187.2."
SECTION 35.(b) G.S. 20‑187.2 is amended by adding a new subsection to read:
"(c) For purposes of this section, law enforcement officers shall include State probation and parole officers."
SECTION 36.(a) G.S. 14‑415.12A(a1), as enacted by S.L. 2015‑105, reads as rewritten:
"(a1) An individual who is a qualified retired law enforcement officer and has met the standards, as approved by the North Carolina Criminal Justice Education and Training Standards Commission, for handgun qualification for active law enforcement officers within the last 12 months is deemed to have satisfied the requirement under G.S. 14‑415.12(a)(4) that an applicant successfully complete an approved firearms safety and training course."
SECTION 36.(b) This section becomes effective October 1, 2015.
SECTION 37.(a) G.S. 17C‑10.1, as enacted by S.L. 2015‑49, reads as rewritten:
"§ 17C‑10.1. Certification of military service members and veterans with law enforcement training and experience.
(a) Notwithstanding any other provision of law, the
Commission shall waive an applicant's completion of the Commission‑accredited
training course and issue probationary certification to a current or honorably
discharged former military police officer provided the Commission, upon
evaluating the individual applicant's combined training and or
experience or both pursuant to G.S. 93B‑15.1(a),
determines that the applicant's combined training and experience is
substantially equivalent to or exceeds the minimum expectations for employment
as a law enforcement officer and the applicant satisfies all of the following
conditions:
…
(c) The Commission shall issue certification to a current
or honorably discharged former military police officer whose combined training and
or experience or both is not substantially equivalent to or
does not exceed the minimum expectations for employment as a law enforcement
officer if the applicant meets all of the following requirements:
…
(5) Successfully completes any supplementary high‑liability training as deemed necessary by the Commission, not to exceed an additional 180 hours. Supplementary training required by the Commission pursuant to this subsection shall be made on a case‑by‑case basis and based only on documented deficiencies in training and experience related to each block of supplementary training required.
…."
SECTION 37.(b) Not later than April 1, 2016, the Criminal Justice Education and Training Standards Commission shall provide a compliance report on the implementation of G.S. 17C‑10.1 to the cochairs of the Joint Legislative Oversight Committee on Justice and Public Safety and to the cochairs of the House Homeland Security, Military, and Veterans Affairs Committee.
SECTION 38.(a) G.S. 20‑28(a2) reads as rewritten:
"(a2) Driving Without Reclaiming License. – A person
convicted under subsection (a)subsection (a) or (a1) of this section
shall be punished as if the person had been convicted of driving without a
license under G.S. 20‑35 if the person demonstrates to the court
that either subdivisions (1) and (2), or subdivision (3) of this subsection of
the following is true:
(1) At the time of the offense, the person's license
was revoked solely under G.S. 20‑16.5; and G.S. 20‑16.5
and one of the following applies:
(2) a. The
offense occurred more than 45 days after the effective date of a revocation
order issued under G.S. 20‑16.5(f) and the period of revocation was
45 days as provided under subdivision (3) of that subsection; or
b. The offense occurred more than 30 days after the
effective date of the revocation order issued under any other provision of G.S. 20‑16.5;
orG.S. 20‑16.5.
(3) At the time of the offense the person had met the requirements of G.S. 50‑13.12, or G.S. 110‑142.2 and was eligible for reinstatement of the person's drivers license privilege as provided therein.
In addition, a person punished under this subsection shall be treated for drivers license and insurance rating purposes as if the person had been convicted of driving without a license under G.S. 20‑35, and the conviction report sent to the Division must indicate that the person is to be so treated."
SECTION 38.(b) G.S. 20‑179(c) reads as rewritten:
"(c) Determining Existence of Grossly Aggravating Factors. – At the sentencing hearing, based upon the evidence presented at trial and in the hearing, the judge, or the jury in superior court, must first determine whether there are any grossly aggravating factors in the case. Whether a prior conviction exists under subdivision (1) of this subsection, or whether a conviction exists under subdivision (d)(5) of this section, shall be matters to be determined by the judge, and not the jury, in district or superior court. If the sentencing hearing is for a case remanded back to district court from superior court, the judge shall determine whether the defendant has been convicted of any offense that was not considered at the initial sentencing hearing and impose the appropriate sentence under this section. The judge must impose the Aggravated Level One punishment under subsection (f3) of this section if it is determined that three or more grossly aggravating factors apply. The judge must impose the Level One punishment under subsection (g) of this section if it is determined that the grossly aggravating factor in subdivision (4) of this subsection applies or two of the other grossly aggravating factors apply. If the judge does not find that the aggravating factor at subdivision (4) of this subsection applies, then the judge must impose the Level Two punishment under subsection (h) of this section if it is determined that only one of the other grossly aggravating factors applies. The grossly aggravating factors are:
(1) A prior conviction for an offense involving impaired driving if:
a. The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or
b. The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or
c. The conviction occurred in district court; the case was appealed to superior court; the appeal has been withdrawn, or the case has been remanded back to district court; and a new sentencing hearing has not been held pursuant to G.S. 20‑38.7.
Each prior conviction is a separate grossly aggravating factor.
(2) Driving by the defendant at the time of the offense
while his driver's license was revoked under G.S. 20‑28(a1), and
the revocation was an impaired driving revocation under G.S. 20‑28.2(a).pursuant
to G.S. 20‑28(a1).
…
In imposing an Aggravated Level One, a Level One, or a Level Two punishment, the judge may consider the aggravating and mitigating factors in subsections (d) and (e) in determining the appropriate sentence. If there are no grossly aggravating factors in the case, the judge must weigh all aggravating and mitigating factors and impose punishment as required by subsection (f)."
SECTION 38.(c) This section becomes effective December 1, 2015, and applies to convictions on or after that date. Prosecutions for offenses committed before the effective date of this section are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions.
SECTION 38.3.(a) G.S. 20‑28.9(a), as amended by Section 27.3(d) of S.L. 2015‑241, reads as rewritten:
(a) The State Surplus Property Agency is authorized to
enter into a contract for a statewide service or contracts for regional
services to tow, store, process, maintain, and sell motor vehicles seized
pursuant to G.S. 20‑28.3. All motor vehicles seized under G.S. 20‑28.3
shall be subject to contracts entered into pursuant to this section. Contracts
shall be let by the State Surplus Property Agency in accordance with the
provisions of Article 3 of Chapter 143 of the General Statutes. Nothing in
this section shall be construed to prohibit the State Surplus Property Agency
from entering into contracts pursuant to this section for some regions of the
State while performing the work of towing, storing, processing, maintaining,
and selling motor vehicles seized pursuant to G.S. 20‑28.3 itself in
other regions of the State. All contracts shall ensure the safety of the
motor vehicles while held and any funds arising from the sale of any seized
motor vehicle. The contract shall require the contractor to maintain and make
available to the agency a computerized up‑to‑date inventory of all
motor vehicles held under the contract, together with an accounting of all
accrued charges, the status of the vehicle, and the county school fund to which
the proceeds of sale are to be paid. The contract shall provide that the
contractor shall pay the towing and storage charges owed on a seized vehicle to
a commercial towing company at the time the seized vehicle is obtained from the
commercial towing company, with the contractor being reimbursed this expense
when the vehicle is released or sold. The State Surplus Property Agency shall
not enter into any contract under this section under which the State will be
obligated to pay a deficiency arising from the sale of any forfeited motor
vehicle."
SECTION 38.3.(b) This section becomes effective July 1, 2015.
SECTION 38.5. G.S. 20‑62.1 reads as rewritten:
"§ 20‑62.1. Purchase of vehicles for purposes of scrap or parts only.
(a) Records for Scrap or Parts. – A secondary metals recycler, as defined in G.S. 66‑420(8), and a salvage yard, as defined in G.S. 20‑137.7(6), purchasing motor vehicles solely for the purposes of dismantling or wrecking such motor vehicles for the recovery of scrap metal or for the sale of parts only, shall comply with the provisions of G.S. 20‑61 and subsection (a1) of this section, provided, however, that a secondary metals recycler or salvage yard may purchase a motor vehicle without a certificate of title, if the motor vehicle is 10 model years old or older and the secondary metals recycler or salvage yard comply with the following requirements:
(1) Maintain a record on a form, or in a format, as approved by the Division of Motor Vehicles (DMV) of all purchase transactions of motor vehicles. The following information shall be maintained for transactions of motor vehicles:
a. The name, address, and contact information of the secondary metals recycler or salvage yard.
b. The name, initials, or other identification of the individual entering the information.
c. The date of the transaction.
d. A description of the motor vehicle, including the year, make, and model to the extent practicable.
e. The vehicle identification number (VIN) of the vehicle.
f. The amount of consideration given for the motor vehicle.
g. A written statement signed by the seller or the seller's agent certifying that (i) the seller or the seller's agent has the lawful right to sell and dispose of the motor vehicle, (ii) the motor vehicle is at least 10 model years old, and (iii) the motor vehicle is not subject to any security interest or lien.
g1. A written statement that the motor vehicle will be scrapped or crushed for disposal or dismantled for parts only.
h. The name, address, and drivers license number of the person from whom the motor vehicle is being purchased.
i. A photocopy or electronic scan of a valid drivers license or identification card issued by the DMV of the seller of the motor vehicle, or seller's agent, to the secondary metals recycler or salvage yard, or in lieu thereof, any other identification card containing a photograph of the seller as issued by any state or federal agency of the United States: provided, that if the buyer has a copy of the seller's photo identification on file, the buyer may reference the identification that is on file, without making a separate photocopy for each transaction. If seller has no identification as described in this sub‑subdivision, the secondary metals recycler or salvage yard shall not complete the transaction.
(1a) Verify with the DMV whether or not the motor vehicle has been reported stolen. The DMV shall develop a method to allow a person subject to this section to verify, at the time of the transaction, through the use of the Internet, that the vehicle has not been reported stolen, and that also allows for the DMV's response to be printed and retained by the person making the request. One of the following shall apply following the DMV response:
a. If the Division of Motor Vehicles confirms that the motor vehicle has been reported stolen, the secondary metals recycler or salvage yard shall not complete the transaction and shall notify the DMV of the current location of the vehicle and the identifying information of the person attempting to transfer the vehicle.
b. If the Division of Motor Vehicles confirms that the motor vehicle has not been stolen, the secondary metals recycler or salvage yard may proceed with the transaction and shall not be held criminally or civilly liable if the motor vehicle later turns out to be a stolen vehicle, unless the secondary metals recycler had knowledge that the motor vehicle was a stolen vehicle.
c. If the Division of Motor Vehicles has not received information from a federal, State, or local department or independent source that a vehicle has been stolen and reports pursuant to this section that a vehicle is not stolen, any person damaged does not have a cause of action against the Division.
(2) Maintain the information required under subdivision (1) of this subsection, and the record confirming that the vehicle was not stolen, required under subdivision (1a) of this subsection, for not less than two years from the date of the purchase of the motor vehicle.
(a1) Reporting Requirement. – Within 72 hours of each day's close of business, a secondary metals recycler or salvage yard purchasing a motor vehicle under this section shall submit to the National Motor Vehicle Title Information System (NMVTIS) such information contained in subdivision (1) of subsection (a) of this section, along with any other information or statement pertaining to the intended disposition of the motor vehicle, as may be required. The information shall be in a format that will satisfy the requirement for reporting information in accordance with rules adopted by the United States Department of Justice in 28 C.F.R. § 25.56. A secondary metals recycler or salvage yard may comply with this subsection by reporting the information required by this subsection to a third‑party consolidator as long as the third‑party consolidator reports the information to the NMVTIS in compliance with the provisions of this subsection.
(b) Inspection of Motor Vehicles and Records. – At any time it appears a secondary metals recycler, salvage yard, or any other person involved in secondary metals operations is open for business, a law enforcement officer shall have the right to inspect the following:
(1) Any and all motor vehicles in the possession of the secondary metals recycler, the salvage yard, or any other person involved in secondary metals operations.
(2) Any records required to be maintained
under subsection (a) of this section.
(b1) Availability of Information. – The
information obtained by the Division of Motor Vehicles pursuant to this section
shall be made available to law enforcement agencies only. The information
submitted pursuant to this section is confidential and shall not be considered
a public record as that term is defined in G.S. 132‑1.
(c) Violations. – Any person who knowingly and willfully violates any of the provisions of this section, or any person who falsifies the statement required under subsection (a)(1)g. of this section, shall be guilty of a Class I felony and shall pay a minimum fine of one thousand dollars ($1,000). The court may order a defendant seller under this subsection to make restitution to the secondary metals recycler or salvage yard or lien holder for any damage or loss caused by the defendant seller arising out of an offense committed by the defendant seller.
(d) Confiscation of Vehicle or Tools Used in Illegal Sale. – Any motor vehicle used to transport another motor vehicle illegally sold under this section may be seized by law enforcement and is subject to forfeiture by the court, provided, however, that no vehicle used by any person in the transaction of a sale of regulated metals is subject to forfeiture unless it appears that the owner or other person in charge of the motor vehicle is a consenting party or privy to the commission of a crime, and a forfeiture of the vehicle encumbered by a bona fide security interest is subject to the interest of the secured party who had no knowledge of or consented to the act.
Whenever property is forfeited under this subsection by order of the court, the law enforcement agency having custody of the property shall sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds are remitted to the Civil Fines and Forfeitures Fund established pursuant to G.S. 115C‑457.1.
(e) Exemptions. – As used in this section, the term "motor vehicle" shall not include motor vehicles which have been mechanically flattened, crushed, baled, or logged and sold for purposes of scrap metal only.
(f) Preemption. – No local government shall enact any local law or ordinance with regards to the regulation of the sale of motor vehicles to secondary metals recyclers or salvage yards."
SECTION 39.(a) G.S. 20‑38.7(c)(3), as enacted by Section 5 of S.L. 2015‑150, reads as rewritten:
"(3) If the appeal is withdrawn and remanded
pursuant to G.S. 15A‑1341(h),G.S. 15A‑1431(h),
the prosecutor has certified to the clerk, in writing, that the prosecutor
consents to the withdrawal and remand and has no new sentencing factors to
offer the court."
SECTION 39.(b) This section becomes effective December 1, 2015.
SECTION 40. G.S. 20‑58.4A(i) reads as rewritten:
"(i) Mandatory Participation. – Beginning January
1, July 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 41. G.S. 20‑116 is amended by adding a new subsection to read:
"(o) Notwithstanding any provision of this section to the contrary, the following may operate on the highways of this State without an oversize permit for the purpose of Department snow removal and snow removal training operations:
(1) Truck supporting snow plows with blades not exceeding 12 feet in width. A truck operated pursuant to this subdivision shall have adequate illumination when the plow is in the up and the down positions; visible signal lights; and a plow that is angled so that the minimum width is exposed to oncoming traffic during periods of travel between assignments.
(2) Motor graders not exceeding 102 inches in width, measured from the outside edge of the tires. A motor grader operated pursuant to this subdivision shall have adequate illumination when the moldboard is in the up and down positions; visible signal lights; and a moldboard that is angled not to exceed 102 inches during periods of travel between assignments."
SECTION 42.(a) G.S. 20‑286(10), as amended by Section 8 of S.L. 2015‑125 and by Section 1.2 of S.L. 2015‑232, reads as rewritten:
"(10) Motor vehicle. – Any motor propelled vehicle, trailer or semitrailer, required to be registered under the laws of this State. This term does not include mopeds, as that term is defined in G.S. 20‑4.01.
a. "New motor vehicle" means a motor vehicle
that has never been the subject of a completed, successful, or conditional sale
that was subsequently approved other than between new motor vehicle dealers, or
between a manufacturer and a new motor vehicle dealer of the same franchise.
For purposes of this subdivision, the use of a new motor vehicle by a new motor
vehicle dealer for demonstration or service loaner purposes does not render the
new motor vehicle a used motor vehicle, notwithstanding (i) the
commencement of (i) the manufacturer's original warranty as a result of
the franchised dealer's use of the vehicle for demonstration or loaner purposes
purposes, or (ii) the dealer's receipt of incentive or
warranty compensation or other reimbursement or consideration from a
manufacturer, factory branch, distributor, distributor branch or (ii)from
a third‑party warranty, maintenance, or service contract company relating
to the use of a vehicle as a demonstrator or service loaner.
b. "Used motor vehicle" means a motor vehicle other than described in paragraph (10)a above."
SECTION 42.(b) G.S. 20‑79(d), as amended by Section 1.4(a) of S.L. 2015‑232, 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:
(1) Is part of the inventory of the dealer.
(2) Is not consigned to the dealer.
(3) Is covered by liability insurance that meets the requirements of Article 9A of this Chapter.
(4) Is not used by the dealer in another business in which the dealer is engaged.
(5) Is driven on a highway by a person who meets one of the following descriptions:
a. Has a demonstration permit to test‑drive the motor vehicle and carries the demonstration permit while driving the motor vehicle.
b. Is an officer or sales representative of the dealer and is driving the vehicle for a business purpose of the dealer.
c. Is an employee of the dealer and is driving the vehicle in the course of employment.
d. Is an employee of the dealer or of a contractor of the dealer and is driving the vehicle within a 20‑mile radius of a place where the vehicle is being repaired or otherwise prepared for sale.
e. Is an employee of the dealer or of a contractor of the dealer and is transporting the vehicle to or from a vehicle auction or to the dealer's established salesroom.
f. Is an officer, sales representative, or other employee of a franchised motor vehicle dealer or is an immediate family member of an officer, sales representative, or other employee of a franchised motor vehicle dealer.
(6) A copy of the registration card for the dealer plate issued to the dealer is carried by the person operating the motor vehicle or, if the person is operating the motor vehicle in this State, the registration card is maintained on file at the dealer's address listed on the registration card, and the registration card must be able to be produced within 24 hours upon request of any law enforcement officer.
A dealer may issue a demonstration permit for a motor vehicle
to a person licensed to drive that type of motor vehicle. A demonstration
permit authorizes each person named in the permit to drive the motor vehicle
described in the permit for up to 96 hours after the time the permit is issued.
A dealer may, for good cause, renew a demonstration permit for one additional 96‑hour
period. A franchised motor vehicle dealer is not prohibited from using a
demonstration permit pursuant to this subsection by reason of the dealer's
receipt of (i) incentive or warranty compensation or other reimbursement
or consideration from a manufacturer, factory branch, distributor, distributor
branch or (ii)from a third‑party warranty, maintenance, or
service contract company relating to the use of the vehicle as a demonstrator
or service loaner."
SECTION 43. G.S. 45‑91(5) reads as rewritten:
"(5) The obligations of mortgage servicers set forth
in G.S. 53‑243.11.G.S. 53‑244.110."
SECTION 44.(a) G.S. 48‑3‑605 is amended by adding a new subsection to read:
"(g) The office of the clerk of superior court, the district court, and the superior court shall each be a court of competent jurisdiction for the purposes of (i) judicial proceedings for accepting voluntary consents to adoption under 25 U.S.C. § 1913, (ii) making determinations as to whether there is good cause to deviate from placement preferences under 25 U.S.C. § 1915(a), or (iii) judicial proceedings for voluntary consent to adoption in conformance with the laws of any state."
SECTION 44.(b) G.S. 48‑3‑702(b) reads as rewritten:
"(b) The provisions of G.S. 48‑3‑605(b),
(e), and (f), and (g) also apply to a relinquishment executed
under this Part."
SECTION 44.5. Article 36 of Chapter 58 of the General Statutes is amended by adding a new section to read:
"§ 58‑36‑87. Affiliate transfer of policies.
Delivery by an insurer of a policy superseding a policy previously issued by the insurer at the end of the previously issued policy period is not a refusal to renew when it is delivered by:
(1) The same insurer; or
(2) An affiliate or subsidiary, as those terms are defined in G.S. 58‑19‑5, that has a financial strength rating, issued by an industry‑recognized independent insurance rating company, which financial strength rating is at least as good as the insurer issuing the superseded policy. The provisions of G.S. 58‑36‑110 and G.S. 58‑36‑85 apply to the affiliate or subsidiary as if it were the same insurer issuing the policy."
SECTION 45. Reserved.
SECTION 46. G.S. 62A‑41(2) reads as rewritten:
"(2) Six members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives as follows:
a. An individual who is a sheriff, appointed upon the recommendation of the North Carolina Sheriffs' Association, Inc.
b. An individual who represents CMRS providers operating in North Carolina.
c. An individual who represents the North Carolina chapter of the Association of Public Safety Communications Officials (APCO).
d. Two individuals who represent local exchange carriers operating in North Carolina, one of whom represents a local exchange carrier with less than 50,000 access lines.
e. A fire chief with experience operating or supervising a PSAP or a director/manager of a fire‑based PSAP, appointed upon the recommendation of the North Carolina Firemen's Association."
SECTION 47. G.S. 84‑24 reads as rewritten:
"§ 84‑24. Admission to practice.
For the purpose of examining applicants and providing rules and regulations for admission to the Bar including the issuance of license therefor, there is hereby created the Board of Law Examiners, which shall consist of 11 members of the Bar, elected by the Council, who need not be members of the Council. No teacher in any law school, however, shall be eligible. The members of the Board of Law Examiners elected from the Bar shall each hold office for a term of three years.
The Board of Law Examiners shall elect a member of the Board as chair thereof, and the Board may employ an executive secretary and provide such assistance as may be required to enable the Board to perform its duties promptly and properly. The chair and any employees shall serve for a period of time determined by the Board.
The examination shall be held in the manner and at the times as the Board of Law Examiners may determine.
The Board of Law Examiners shall have full power and authority to make or cause to be made such examinations and investigations as may be deemed by it necessary to satisfy it that the applicants for admission to the Bar possess the qualifications of character and general fitness requisite for an attorney and counselor‑at‑law and to this end the Board of Law Examiners shall have the power of subpoena and to summons and examine witnesses under oath and to compel their attendance and the production of books, papers and other documents and writings deemed by it to be necessary or material to the inquiry and shall also have authority to employ and provide assistance as may be required to enable it to perform its duties promptly and properly. Records, papers, and other documents containing information collected and compiled by the Board or its members or employees as a result of investigations, inquiries, or interviews conducted in connection with examinations or licensing matters, are not public records within the meaning of Chapter 132 of the General Statutes.
All applicants for admission to the Bar shall be fingerprinted to determine whether the applicant has a record of criminal conviction in this State or in any other state or jurisdiction. The information obtained as a result of the fingerprinting of an applicant shall be limited to the official use of the Board of Law Examiners in determining the character and general fitness of the applicant.
The Department of Public Safety may provide a criminal record check to the Board of Law Examiners for a person who has applied for a license through the Board. The Board shall provide to the Department of Public Safety, along with the request, the fingerprints of the applicant, any additional information required by the Department of Public Safety, 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 subsection 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 Public Safety may charge each applicant a fee for conducting the checks of criminal history records authorized by this section.
The Board of Law Examiners, subject to the approval of the
Council, shall by majority vote, from time to time, make, alter, and amend such
rules and regulations for admission to the Bar as in their judgment shall
promote the welfare of the State and the profession: Provided, that any no
change in the educational requirements for admission to the Bar that
establishes an additional or greater requirement shall not become
effective within until two years from after the
date of the adoption of the change.
All rules and regulations, and modifications, alterations and amendments thereof, shall be recorded and promulgated as provided in G.S. 84‑21 in relation to the certificate of organization and the rules and regulations of the Council.
Whenever the Council shall order the restoration of license to any person as authorized by G.S. 84‑32, it shall be the duty of the Board of Law Examiners to issue a written license to the person, noting thereon that the license is issued in compliance with an order of the Council, whether the license to practice law was issued by the Board of Law Examiners or the Supreme Court in the first instance.
Appeals from the Board shall be had in accordance with rules or procedures as may be approved by the Supreme Court as may be submitted under G.S. 84‑21 or as may be promulgated by the Supreme Court."
SECTION 47.5.(a) G.S. 89C‑19 reads as rewritten:
"§ 89C‑19. Public works; requirements where public safety involved.
This State and its political subdivisions such as counties,
cities, towns, or other political entities or legally constituted boards,
commissions, public utility companies, or authorities, or officials, or
employees of these entities shall not engage in the practice of engineering or
land surveying involving either public or private property where the safety of
the public is directly involved without the project being under the direct
supervision responsible charge of a professional engineer for
engineering projects, or a professional land surveyor for land surveying
projects, as provided for the practice of the respective professions by this
Chapter.
An official or employee of the State or any political subdivision specified in this section, holding the positions set out in this section as of June 19, 1975, shall be exempt from the provisions of this section so long as such official or employee is engaged in substantially the same type of work as is involved in the present position.
Nothing in this section shall be construed to prohibit inspection, maintenance and service work done by employees of the State of North Carolina, any political subdivision of the State, or any municipality including construction, installation, servicing, and maintenance by regular full‑time employees of, secondary roads and drawings incidental to work on secondary roads, streets, street lighting, traffic‑control signals, police and fire alarm systems, waterworks, steam, electric and sewage treatment and disposal plants, the services of superintendents, inspectors or foremen regularly employed by the State of North Carolina or any political subdivision of the State, or municipal corporation.
The provisions in this section shall not be construed to alter or modify the requirements of Article 1 of Chapter 133 of the General Statutes."
SECTION 47.5.(b) G.S. 89C‑25(7a) reads as rewritten:
"(7a) The engineering or surveying activities of a
person as defined by G.S. 89C‑3(5) who is engaged in manufacturing,
processing, producing, or transmitting and delivering a product,product
or public utility service, and which activities are reasonably necessary
and connected with the primary services performed by individuals regularly
employed in the ordinary course of business by the person, provided that the
engineering or surveying activity is not a holding out or an offer to the
public of engineering or surveying services, as prohibited by this Chapter. The
engineering and surveying services may not be offered, performed, or rendered
independently from the primary services rendered by the person. For purposes of
this subdivision, "activities reasonably necessary and connected with the
primary service" include the following:
a. Installation or servicing of the person's product or public utility service by employees of the person conducted outside the premises of the person's business.
b. Design, acquisition, installation, or maintenance of machinery, equipment, or apparatus incidental to the manufacture or installation of the product or public utility service performed by employees of the person upon property owned, leased, or used by the person.
c. Research and development performed in connection with the manufacturing, processing, or production of the person's product or public utility service by employees of the person.
Engineering or surveying activities performed pursuant to this subdivision, where the safety of the public is directly involved, shall be under the responsible charge of a licensed professional engineer or licensed professional surveyor."
SECTION 48.(a) G.S. 90‑94(3), as amended by S.L. 2015‑162, reads as rewritten:
"(3) Synthetic cannabinoids. – Any quantity of any
synthetic chemical compound that (i) is a cannabinoid receptor agonist and
mimics the pharmacological effect of naturally occurring substances or (ii) has
a stimulant, depressant, or hallucinogenic effect on the central nervous system
that is not listed as a controlled substance in Schedule I through V, and is
not an FDA‑approved drug. Synthetic cannabinoids include, but are not
limited to, the substances listed in sub‑subdivisions a. through j.p.
of this subdivision and any substance that contains any quantity of their
salts, isomers (whether optical, positional, or geometric), homologues, and
salts of isomers and homologues, unless specifically excepted, whenever the
existence of these salts, isomers, homologues, and salts of isomers and
homologues is possible within the specific chemical designation. The following
substances are examples of synthetic cannabinoids and are not intended to be
inclusive of the substances included in this Schedule:
.…"
SECTION 48.(b) This section becomes effective December 1, 2015.
SECTION 48.5. G.S. 90‑113.101(1), as amended by S.L. 2015‑154 and by Section 14 of this act, reads as rewritten:
"(1) Caregiver. – An individual that is at least 18
years of age and a resident of North Carolina who is a parent, legal guardian,
or custodian of a patient and is registered with the Department of Health and
Human and Services under G.S. 90‑113.102 who possesses a
written statement dated and signed by a neurologist that states all of the
following:
…."
SECTION 49. G.S. 97‑2(2) reads as rewritten:
"§ 97‑2. Definitions.
When used in this Article, unless the context otherwise requires:
…
(2) Employee. – The term "employee" means every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed, but excluding persons whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer, and as relating to those so employed by the State, the term "employee" shall include all officers and employees of the State, including such as are elected by the people, or by the General Assembly, or appointed by the Governor to serve on a per diem, part‑time or fee basis, either with or without the confirmation of the Senate; as relating to municipal corporations and political subdivisions of the State, the term "employee" shall include all officers and employees thereof, including such as are elected by the people. The term "employee" shall include members of the North Carolina National Guard while on State active duty under orders of the Governor and members of the North Carolina State Defense Militia while on State active duty under orders of the Governor. The term "employee" shall include deputy sheriffs and all persons acting in the capacity of deputy sheriffs, whether appointed by the sheriff or by the governing body of the county and whether serving on a fee basis or on a salary basis, or whether deputy sheriffs serving upon a full‑time basis or a part‑time basis, and including deputy sheriffs appointed to serve in an emergency, but as to those so appointed, only during the continuation of the emergency. The sheriff shall furnish to the board of county commissioners a complete list of all deputy sheriffs named or appointed by him immediately after their appointment and notify the board of commissioners of any changes made therein promptly after such changes are made. Any reference to an employee who has been injured shall, when the employee is dead, include also the employee's legal representative, dependents, and other persons to whom compensation may be payable: Provided, further, that any employee, as herein defined, of a municipality, county, or of the State of North Carolina, while engaged in the discharge of the employee's official duty outside the jurisdictional or territorial limits of the municipality, county, or the State of North Carolina and while acting pursuant to authorization or instruction from any superior officer, shall have the same rights under this Article as if such duty or activity were performed within the territorial boundary limits of their employer.
Every Except as otherwise
provided herein, every executive officer elected or appointed and empowered
in accordance with the charter and bylaws of a corporation shall be considered
as an employee of such corporation under this Article.
Any such executive officer of a corporation may, notwithstanding any other provision of this Article, be exempt from the coverage of the corporation's insurance contract by such corporation's specifically excluding such executive officer in such contract of insurance, and the exclusion to remove such executive officer from the coverage shall continue for the period such contract of insurance is in effect, and during such period such executive officers thus exempted from the coverage of the insurance contract shall not be employees of such corporation under this Article.
All county agricultural extension service employees who do not receive official federal appointments as employees of the United States Department of Agriculture and who are field faculty members with professional rank as designated in the memorandum of understanding between the North Carolina Agricultural Extension Service, North Carolina State University, A & T State University, and the boards of county commissioners shall be deemed to be employees of the State of North Carolina. All other county agricultural extension service employees paid from State or county funds shall be deemed to be employees of the county board of commissioners in the county in which the employee is employed for purposes of workers' compensation.
The term "employee" shall also include members of the Civil Air Patrol currently certified pursuant to G.S. 143B‑1031(a) when performing duties in the course and scope of a State‑approved mission pursuant to Subpart C of Part 5 of Article 13 of Chapter 143B of the General Statutes.
"Employee" shall not include any person performing voluntary service as a ski patrolman who receives no compensation for such services other than meals or lodging or the use of ski tow or ski lift facilities or any combination thereof.
"Employee" shall not include any person elected or appointed and empowered as an executive officer, director, or committee member under the charter, articles, or bylaws of a nonprofit corporation subject to Chapter 47A, 47C, 47F, 55A, or 59B of the General Statutes, or any organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, who performs only voluntary service for the nonprofit corporation, provided that the person receives no remuneration for the voluntary service other than reasonable reimbursement for expenses incurred in connection with the voluntary service. When a nonprofit corporation as described herein employs one or more persons who do receive remuneration other than reasonable reimbursement for expenses, then any volunteer officers, directors, or committee members excluded from the definition of "employee" by operation of this paragraph shall be counted as employees for the sole purpose of determining the number of persons regularly employed in the same business or establishment pursuant to G.S. 97‑2(1). Other than for the limited purpose of determining the number of persons regularly employed in the same business or establishment, such volunteer nonprofit officers, directors, or committee members shall not be "employees" under the Act. Nothing herein shall prohibit a nonprofit corporation as described herein from voluntarily electing to provide for workers' compensation benefits in the manner provided in G.S. 97‑93 for volunteer officers, directors, or committee members excluded from the definition of "employee" by operation of this paragraph. This paragraph shall not apply to any volunteer firefighter, volunteer member of an organized rescue squad, an authorized pickup firefighter when that individual is engaged in emergency fire suppression activities for the North Carolina Forest Service, a duly appointed and sworn member of an auxiliary police department organized pursuant to G.S. 160A‑282, or a senior member of the State Civil Air Patrol functioning under Subpart C of Part 5 of Article 13 of Chapter 143B of the General Statutes, even if such person is elected or appointed and empowered as an executive officer, director, or committee member under the charter, articles, or bylaws of a nonprofit corporation as described herein.
Any sole proprietor or partner of a business or any member of a limited liability company may elect to be included as an employee under the workers' compensation coverage of such business if he is actively engaged in the operation of the business and if the insurer is notified of his election to be so included. Any such sole proprietor or partner or member of a limited liability company shall, upon such election, be entitled to employee benefits and be subject to employee responsibilities prescribed in this Article.
Employee" "Employee"
shall include an authorized pickup firefighter of the North Carolina Forest
Service of the Department of Agriculture and Consumer Services when that
individual is engaged in emergency fire suppression activities for the North
Carolina Forest Service. As used in this section, "authorized pickup
firefighter" means an individual who has completed required fire
suppression training as a wildland firefighter and who is available as needed
by the North Carolina Forest Service for emergency fire suppression activities,
including immediate dispatch to wildfires and standby for initial attack on
fires during periods of high fire danger.
It shall be a rebuttable presumption that the term "employee" shall not include any person performing services in the sale of newspapers or magazines to ultimate consumers under an arrangement whereby the newspapers or magazines are to be sold by that person at a fixed price and the person's compensation is based on the retention of the excess of the fixed price over the amount at which the newspapers or magazines are charged to the person."
SECTION 50. G.S. 97‑87(c)(5) reads as rewritten:
"(5) If any party disputes the decision of the Commission entered under subdivision (c)(4) of this section, the party may appeal to the full Commission within 10 days of the entry of the decision of the Commission. The nonappealing party may file a response within 10 days of receiving notice of appeal. The notice of appeal shall request one of the following:
a. The Commission reconsider the decision entered based on the record and any additional evidence that parties submit with the notice and response.
b. A de novo evidentiary hearing before the full Commission."
SECTION 51. G.S. 97‑92 reads as rewritten:
"§ 97‑92. Employer's record and report of accidents; records of Commission not open to public; supplementary report upon termination of disability; penalty for refusal to make report; when insurance carrier liable.
…
(d) The said report shall contain the name, nature,
and location of the business of the employer and name, age, sex, and wages wages,
if available, and occupation of the injured employee, and shall state the
date and hour of the accident causing injury, the nature and cause of the
injury, and such other information as may be required by the Commission.
…."
SECTION 52. G.S. 97‑101 reads as rewritten:
"§ 97‑101. Collection of fines and penalties.
The Industrial Commission shall have the power by civil
action brought in its own name to enforce the collection of any fines or
penalties provided by this Article, and fines or penalties collected by the
Commission shall become a part of the maintenance fund referred to in
subsection (j) of G.S. 97‑100.Article."
SECTION 53. G.S. 97‑200(a) reads as rewritten:
"§ 97‑200. Claims administration.
(a) A self‑insurer shall not utilize any claims
adjuster unless the adjuster is licensed under G.S. 58‑33‑25.G.S. 58‑33‑26."
SECTION 54.(a) G.S. 104E‑5, as amended by Section 14.30(v) of S.L. 2015‑241, reads as rewritten:
"§ 104E‑5. Definitions.
Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them:
(1) "Agreement materials" means those materials licensed by the State under agreement with the United States Nuclear Regulatory Commission and which include by‑product, source or special nuclear materials in a quantity not sufficient to form a critical mass, as defined by the Atomic Energy Act of 1954 as amended.
…
(14b) "Secretary" means the Secretary of Environmental
Quality.Health and Human Services.
…."
SECTION 54.(b) G.S. 104E‑7(a), as amended by Section 14.30(u) of S.L. 2015‑241, reads as rewritten:
"§ 104E‑7. Radiation Protection Commission – Creation and powers.
(a) There is hereby created the North Carolina
Radiation Protection Commission of the Department of Environmental Quality Department
of Health and Human Services with the power to promulgate rules and
regulations to be followed in the administration of a radiation protection
program. All rules and regulations for radiation protection that were adopted
by the Commission for Public Health and are not inconsistent with the provisions
of this Chapter shall remain in full force and effect unless and until repealed
or superseded by action of the Radiation Protection Commission. The Radiation
Protection Commission is authorized:
…."
SECTION 54.(c) G.S. 104E‑15(b), as amended by Section 14.30(u) of S.L. 2015‑241, reads as rewritten:
"§ 104E‑15. Transportation of radioactive materials.
…
(b) The Department is authorized to enter into
agreements with the respective federal agencies designed to avoid conflict
or duplication of effort and/or conflict in enforcement and
inspection activities so that:
(1) Rules and regulations adopted by the Commission
pursuant to this section of this Chapter may be enforced, within their
respective jurisdictions, by any authorized representatives of the Department
of Environmental QualityDepartment of Health and Human Services and
the Department of Transportation, according to mutual understandings between
such departments of their respective responsibilities and authorities.
…."
SECTION 54.(d) G.S. 104E‑17, as amended by Section 14.30(v) of S.L. 2015‑241, reads as rewritten:
"§ 104E‑17. Payments to State and local agencies.
Upon completion of any project or activity stated in G.S. 104E‑16(a)(1),
and from time to time during any project or activity stated in G.S. 104E‑16(a)(2),
each State and local agency that has participated by furnishing personnel,
equipment or material shall deliver to the Department a record of the expenses
incurred by the agency. The amount of incurred expenses shall be disbursed by
the Secretary of Environmental Quality Health and Human Services to
each such agency from the Radiation Protection Fund. Upon completion of any
project or activity stated in G.S. 104E‑16(a)(1), and from time to
time during any project or activity stated in G.S. 104E‑16(a)(2),
the Secretary of Environmental Quality Health and Human Services shall
prepare a statement of all expenses and costs of the project or activity
expended by the State and shall make demand for payment upon the person having
control over the radioactive materials or the release thereof which
necessitated said project or activity. Any person having control over the
radioactive materials or the release thereof and any other person causing or
contributing to an incident necessitating any project or activity stated in G.S. 104E‑16
shall be directly liable to the State for the necessary expenses incurred
thereby and the State shall have a cause of action to recover from any or all
such persons. If the person having control over the radioactive materials or
the release thereof shall fail or refuse to pay the sum expended by the State,
the Secretary of Environmental Quality Health and Human Services shall
refer the matter to the Attorney General of North Carolina, who shall institute
an action in the name of the State in the Superior Court of Wake County, or in
his discretion, in the superior court of the county in which the project or
activity was undertaken by the State, to recover such cost and expenses.
In any action instituted by the Attorney General under this section, a verified and itemized statement of the expenses incurred by the State in any project or activity stated in G.S. 104E‑16 shall be filed with the complaint and shall constitute prima facie the amount due the State; and any judgment for the State thereon shall be for such amount in the absence of allegation and proof on the part of the defendant or defendants that the statement of expenses incurred by and the amount due the State is not correct because of an error in:
(1) Calculating the amount due, or
(2) Not properly crediting the account with any cash payment or payments or other satisfaction which may have been made thereon."
SECTION 54.(e) G.S. 104E‑24, as amended by Section 14.30(u) of S.L. 2015‑241, reads as rewritten:
"§ 104E‑24. Administrative penalties.
(a) The Department may impose an administrative penalty on any person:
(1) Who fails to comply with this Chapter, any order issued hereunder, or any rules adopted pursuant to this Chapter;
(2) Who refuses to allow an authorized representative
of the Radiation Protection Commission or the Department of Environmental
Quality Health and Human Services a right of entry as provided for
in G.S. 104E‑11 or impounding materials as provided for in G.S. 104E‑14.
(b) Each day of a continuing violation shall constitute a separate violation. Such penalty shall not exceed ten thousand dollars ($10,000) per day. In determining the amount of the penalty, the Department shall consider the degree and extent of the harm caused by the violation. Any person assessed a penalty shall be notified of the assessment by registered or certified mail, and the notice shall specify the reasons for the assessment.
(c) Any person wishing to contest a penalty or order issued under this section shall be entitled to an administrative hearing and judicial review in accordance with the procedures outlined in Articles 3, 3A, and 4 of Chapter 150B of the General Statutes.
(d) The Secretary may bring a civil action in the superior court of the county in which such violation is alleged to have occurred to recover the amount of administrative penalty whenever a person:
(1) Who has not requested an administrative hearing fails to pay the penalty within 60 days after being notified of such penalty, or
(2) Who has requested an administrative hearing fails to pay the penalty within 60 days after service of a written copy of the decision as provided in G.S. 150B‑36.
(e) The clear proceeds of penalties imposed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."
SECTION 54.3. G.S. 105‑129.16A(f)(2), as enacted by S.L. 2015‑11, reads as rewritten:
"(2) A notarized copy of a written report prepared
by an independent engineer duly licensed in the State of North Carolina with
expertise in the design and construction of installations of renewable energy
property stating that at least the minimum percentage of the physical
construction of the project was constructed and installedcompleted
prior to January 1, 2016."
SECTION 54.5.(a) G.S. 105‑330 is amended by adding a new subdivision to read:
"(2b) Pass‑through entity. – Defined in G.S. 105‑228.90."
SECTION 54.5.(b) G.S. 105‑330.9(a) reads as rewritten:
"(a) Definition. – For the purpose of this section, the term "antique automobile" means a motor vehicle that meets all of the following conditions:
(1) It is registered with the Division of Motor Vehicles and has an historic vehicle special license plate under G.S. 20‑79.4.
(2) It is maintained primarily for use in exhibitions, club activities, parades, and other public interest functions.
(3) It is used only occasionally for other purposes.
(4) It is owned by an individual.individual,
either directly or indirectly through one or more pass‑through entities. An
individual indirectly owns an antique automobile through a pass‑through
entity if the individual is an owner of a pass‑through entity that owns
the antique automobile.
(5) It is used by the owner for a purpose other than the production of income and is not used in connection with a business."
SECTION 54.5.(c) This act is effective for taxes imposed for taxable years beginning on or after July 1, 2016."
SECTION 55. G.S. 110‑90.2(a1) reads as rewritten:
"(a1) No person shall be a child care provider or uncompensated child care provider who has been any of the following:
(1) Convicted of a misdemeanor or a felony crime involving child neglect or child abuse.
(2) Adjudicated a "responsible individual"
under G.S. 7B‑807(a1).G.S. 7B‑311(b).
(3) Convicted of a "reportable conviction" as defined under G.S. 14‑208.6(4)."
SECTION 56.(a) G.S. 110‑105.5(c), as enacted by S.L. 2015‑123, reads as rewritten:
"(c) Individuals whose names are listed on the
Registry shall not be a caregiver as defined in G.S. 110‑105.3(b)(2)
G.S. 110‑105.3(b)(1) at any licensed child care facility
or religious‑sponsored child care facility."
SECTION 56.(b) This section becomes effective January 1, 2016.
SECTION 57. G.S. 115C‑47 reads as rewritten:
"§ 115C‑47. Powers and duties generally.
In addition to the powers and duties designated in G.S. 115C‑36, local boards of education shall have the power or duty:
…
(62) To Establish Nonprofit Corporations to Further Authorized Purposes. – Local boards of education may establish, control, and operate a nonprofit corporation that is created under Chapter 55A of the General Statutes and is a tax‑exempt organization under the Internal Revenue Code to further their authorized purposes. A nonprofit corporation established as provided in this section shall not have regulatory or enforcement powers and shall not engage in partisan political activity."
SECTION 58.(a) Article 9C of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑150.15. Local superintendent to report deaf and blind children.
It shall be the duty of the local superintendents to report the names and addresses of parents, guardians, or custodians of any deaf or blind children residing within their respective local school administrative units to the directors of the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Department of Public Instruction."
SECTION 58.(b) This section is effective when it becomes law. Local superintendents shall make the first report required under subsection (a) of this section no later than February 1, 2016.
SECTION 59.(a) G.S. 115C‑174.11(c)(4) reads as rewritten:
"(4) To the extent funds are made available, the
State Board of Education shall plan for and require the administration of
the ACT test for use a competitive bid process to select a nationally
norm‑referenced college admission test to administer to all students
in the eleventh grade unless the student has already taken a comparable test
and scored at or above a level set by the State Board. The State Board of
Education shall require the administration of an alternate to the ACT selected
nationally norm‑referenced college admissions test or an alternate to
the PLAN precursor test to the ACT to a student who (i) exhibits
severe and pervasive delays in all areas of conceptual, linguistic, and
academic development and in adaptive behaviors, including communication, daily
living skills, and self‑care, (ii) is following the extended content
standards of the Standard Course of Study as provided in G.S. 115C‑81,
or is following a course of study that, upon completing high school, may not
lead to admission into a college‑level course of study resulting in a
college degree, and (iii) has a written parental request for an alternate
assessment.
The State Board of Education shall
ensure that parents of students enrolled in all public schools, including
charter and regional schools, have the necessary information to make informed
decisions regarding participation in the ACT and the PLAN precursor test to
the ACT.selected national norm‑referenced test and precursor test.
Alternate assessment and ACT assessment
results Nationally norm‑referenced college admissions test and alternate
assessment results of students with disabilities shall be included in
school accountability reports, including charter and regional schools, provided
by the State Board of Education."
SECTION 59.(b) G.S. 115C‑174.22 reads as rewritten:
"§ 115C‑174.22. Tools for student learning.
To the extent funds are made available for this purpose, and
except as otherwise provided in G.S. 115C‑174.11(c)(4), the State
Board shall plan for and require the administration of diagnostic tests in the
eighth and tenth grades that align to the ACT nationally norm‑referenced
college admissions test in order that is selected through a
competitive bid process. The results of the tests will be used to help
diagnose student learning and provide for students an indication of whether
they are on track to be remediation‑free at a community college or
university."
SECTION 59.(c) The State Board of Education shall solicit bids through a competitive bid process for a nationally norm‑referenced college admission test and precursor test, as required by G.S. 115C‑174.11(c)(4), as amended by this section, and G.S. 115C‑174.22, as amended by this section. The State Board of Education shall report on the results of the competitive bid process to the Joint Legislative Education Oversight Committee and the Fiscal Research Division no later than April 15, 2016.
SECTION 60. G.S. 115C‑174.26(h) reads as rewritten:
"(h) Beginning October 15 November 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:
(1) The North Carolina Advanced Placement Partnership's report to the Department of Public Instruction as required by subsection (g) of this section and the State Board's assessment of that report.
(2) Number of students enrolled in advanced courses and participating in advanced course examinations, including demographic information by gender, race, and free and reduced‑price lunch status.
(3) Student performance on advanced course examinations, including information by course, local school administrative unit, and school.
(4) Number of students participating in 10th grade PSAT/NMSQT testing.
(5) Number of teachers attending summer institutes offered by the North Carolina Advanced Placement Partnership.
(6) Distribution of funding appropriated for advanced course testing fees and professional development by local school administrative unit and school.
(7) Status and efforts of the North Carolina Advanced Placement Partnership.
(8) Other trends in advanced courses and examinations."
SECTION 61.(a) If House Bill 334, 2015 Regular Session, becomes law, G.S. 115C‑218.15 as enacted by Section 6(a) of House Bill 334, reads as rewritten:
"§ 115C‑218.15. Charter school operation.
(a) A charter school that is approved by the State shall be a public school within the local school administrative unit in which it is located. All charter schools shall be accountable to the State Board for ensuring compliance with applicable laws and the provisions of their charters.
(b) A charter school shall be operated by a private nonprofit corporation that shall have received federal tax‑exempt status no later than 24 months following final approval of the application. The board of directors of the charter schools shall adopt a conflict of interest and anti‑nepotism policy that includes, at a minimum, the following:
(1) The requirements of Chapter 55A of the General Statutes related to conflicts of interest.
(2) A requirement that before any immediate family, as
defined in G.S. 115C‑12.2, of any member of the board of directors
or a charter school employee with supervisory authority shall be employed or
engaged as an employee, independent contractor, or otherwise by the board of
directors in any capacity,employee or independent contractor, such
proposed employment or engagement shall be (i) disclosed to the board of
directors and (ii) approved by the board of directors in a duly called open‑session
meeting. The burden of disclosure of such a conflict of interest shall be on
the applicable board member or employee with supervisory authority. The
board of directors shall require prospective employees or independent
contractors to disclose relationships to any immediate family member employed
by the charter school or board of directors or serving on the board of
directors. If the requirements of this subsection are complied with, the
charter school may employ immediate family of any member of the board of
directors or a charter school employee with supervisory authority. For the
purposes of this section, an independent contractor is an individual who derives
a direct benefit from the contract in one of the following ways: (i) has more
than a ten percent (10%) ownership or other interest in an entity that is a
party to the contract; (ii) derives any income or commission directly from the
contract; or (iii) acquires property under the contract.
(3) A requirement that a person shall not be disqualified from serving as a member of a charter school's board of directors because of the existence of a conflict of interest, so long as the person's actions comply with the school's conflict of interest policy established as provided in this subsection and applicable law.
(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. No other terms may be imposed on the charter school as a condition for receipt of local funds.
(d) The board of directors of the charter school shall decide matters related to the operation of the school, including budgeting, curriculum, and operating procedures.
(e) The board of directors of the private nonprofit corporation operating the charter school may have members who reside outside of the State. However, the State Board of Education may require by policy that a majority of the board of directors and all officers of the board of directors reside within the State."
SECTION 61.(b) If House Bill 334, 2015 Regular Session, becomes law, G.S. 115C‑47(17a), as enacted by Section 6.(b) of House Bill 334, reads as rewritten:
"(17a) To adopt anti‑nepotism policies. – Local
boards of education shall adopt policies requiring that before any immediate
family, as defined in G.S. 115C‑12.2, of any board of education member
or central office staff administrator, including directors, supervisors,
specialists, staff officers, assistant superintendents, area superintendents,
superintendents, or principals, member, superintendent, principal, or
individual paid on the salary schedule for central office administrators shall
be employed or engaged as an employee, independent contractor, or otherwise
by the board of education in any capacity,employee or independent
contractor, such proposed employment or engagement shall be (i) disclosed
to the board of education and (ii) approved by the board of education in a duly
called open‑session meeting. The burden of disclosure of such a
conflict of interest shall be on the applicable board member or central office
staff administrator.Local boards of education shall require prospective
employees or independent contractors to disclose relationships to any immediate
family member employed by or serving on the local board of education. For the
purposes of this subdivision, an independent contractor is an individual who
derives a direct benefit from a contract in excess of fifty thousand dollars
($50,000) in one of the following ways: (i) has more than a ten percent (10%)
ownership or other interest in an entity that is a party to the contract; (ii)
derives any income or commission directly from the contract; or (iii) acquires
property under the contract."
SECTION 62.(a) G.S. 115C‑333.1(a) reads as rewritten:
"(a) (Effective until June 30, 2018) Annual
Evaluations. – All teachers who are assigned to schools that are not
designated as low‑performing and who have not been employed for at least
three consecutive years shall be observed at least three times annually by the
principal or the principal's designee and at least once annually by a teacher
and hold a Standard Professional II License shall be observed at
least once by the principal or the principal's designee and evaluated at
least once annually by a principal. All teachers with career status or
on a four‑year contract who are assigned to schools that are not
designated as low‑performing shall be evaluated annually unless a local
board adopts rules that allow teachers with career status or on a four‑year
contract to be evaluated more or less frequently, provided that such rules are
not inconsistent with State or federal requirements. All teachers who do
not hold a Standard Professional II License shall be observed at least three
times by the principal or the principal's designee and at least once annually
by a teacher and shall be evaluated once annually by a principal. Local
boards also may adopt rules requiring the annual evaluation of nonlicensed
employees. A local board shall use the performance standards and criteria
adopted by the State Board and may adopt additional evaluation criteria and
standards. All other provisions of this section shall apply if a local board
uses an evaluation other than one adopted by the State Board."
SECTION 62.(b) G.S. 115C‑333.1(a), as amended by subsection (a) of this section, reads as rewritten:
"(a) (Effective June 30, 2018) Annual
Evaluations. – All teachers who hold a Standard Professional II License shall
be observed at least once by the principal or the principal's designee and
evaluated once annually by a principal. Who have been employed for three or
more years employed for three or more years All teachers who do not hold a
Standard Professional II License shall be observed at least three times by the
principal or the principal's designee and at least once annually by a teacher
and shall be evaluated once annually by a principal. Local boards also may
adopt rules requiring the annual evaluation of nonlicensed employees. A local
board shall use the performance standards and criteria adopted by the State
Board and may adopt additional evaluation criteria and standards. All other
provisions of this section shall apply if a local board uses an evaluation
other than one adopted by the State Board."
SECTION 62.(c) Subsection (b) of this section becomes effective June 30, 2018.
SECTION 63.(a) G.S. 115D‑12(a), as amended by S.L. 2015‑167, reads as rewritten:
"(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 service
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 service 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 main campus of the institution is
located. Provided, also, if the administrative service area of
the institution is composed of two or more counties, the board of trustees of
the institution may authorize the county commissioners of any county in which
the main campus is not located to elect an additional board member. 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 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 63.(b) This section applies only to Beaufort County Community College.
SECTION 64. G.S. 115D‑39.1(a) reads as rewritten:
"(a) Notwithstanding the provisions of G.S. 115D‑39.1(a),G.S. 115D‑39(a),
a community college may, with the approval of the State Board of Community
Colleges:
(1) Implement a tuition surcharge of up to thirty‑three and one‑third percent (33 1/3%) of the statewide tuition rate to fund a new instructional program that is necessary to attract industry to the area, and
(2) Use the proceeds of an endowed scholarship, consistent with the terms of the endowment, to offset the cost of the tuition charge."
SECTION 65. G.S. 116‑11 is amended by adding a new subsection to read:
"§ 116‑11. Powers and duties generally.
The powers and duties of the Board of Governors shall include the following:
…
(13b) The Board of Governors or the President may, notwithstanding G.S. 114‑2.3, G.S. 147‑17, or any other provision of law, engage the services of and fix the compensation for private counsel with pertinent expertise in any matter in which The University of North Carolina or one or more of the constituent institutions is interested, including any case or proceeding in or before any court or agency of this State or any other state or the United States, so long as the Attorney General concurs that the University would benefit from the assistance of private counsel. The President may enter into such agreements with the Attorney General as may be necessary or appropriate to the representation of the University's interests in litigation, including agreements providing for authority to resolve litigation. Private counsel engaged under this provision shall be paid from the University's existing resources and the President shall annually report the costs of engagements of private counsel authorized by this subsection to the Board. The provisions of this subsection shall be implemented consistent with policies established by the Board of Governors."
SECTION 66.(a) G.S. 116‑209.52 reads as rewritten:
"§ 116‑209.52. Definitions.
The following definitions apply in this Part:
(a)(1) Academic Year. – Any period of 365
days beginning with the first day of enrollment for a course of instruction.The
annual enrollment period used by the Authority.
(a1) Business or Trade School. – Any school
within the State of North Carolina which is licensed by the State Board of
Education and listed by that Board as an approved private business school or an
approved private trade school.
(b)(2) Private Educational Institutions. – Any
junior college, senior college or university which is operated and governed by
private interests not under the control of the federal, State or any local
government, which is located within and licensed by the State of North
Carolina, which does not operate for profit, whose curriculum is primarily
directed toward the awarding of associate, baccalaureate or graduate degrees,
which agrees to the applicable administration and funding provisions of this
Part.
(3) Proprietary School. – An educational institution that is (i) defined as a proprietary school in G.S. 115D‑87(2), (ii) licensed by the State Board of Community Colleges, and (iii) listed by the North Carolina State Approving Agency for Veterans and Military Education as an approved proprietary school for purposes of this Part.
(c) Repealed by Session Laws 2010‑31,
s. 17.3(c), effective July 1, 2010.
(d)(4) State Educational Institutions. – Any
of the constituent institutions of the University of North Carolina, or any
community college operated under the provisions of Chapter 115D of the General
Statutes of North Carolina.
(e) Repealed by Session Laws 2008‑94,
s. 2, effective July 1, 2008.
(f)(5) Student Loan. – A loan or loans made
to eligible students or parents of students to aid in attaining an education
beyond the high school level."
SECTION 66.(b) G.S. 116‑209.54 reads as rewritten:
"§ 116‑209.54. Eligibility.
(a) Active members of the North Carolina National
Guard who are enrolled or who shall enroll in any business or trade school,proprietary
school, private educational institution, or State educational institution
shall be eligible to apply for this tuition assistance benefit: Provided, that
the applicant has a minimum obligation of two years remaining as a member of
the North Carolina National Guard from the end of the academic period for which
tuition assistance is provided or that the applicant commit himself or herself
to extended membership for at least two additional years from the end of that academic
period.
(b) This tuition assistance benefit shall be applicable to students in the following categories:
(1) Students seeking to achieve completion of their secondary school education at a community college or technical institute.
(2) Students seeking trade or vocational training or education.
(3) Students seeking to achieve a two‑year associate degree.
(4) Students seeking to achieve a four‑year baccalaureate degree.
(5) Students seeking to achieve a graduate degree.
(6) Students enrolled in a program granting a graduate certificate.
(c) The following persons shall be eligible to apply for disbursements to pay outstanding student loans pursuant to G.S. 116‑209.55(g):
(1) Persons described in subsections (a) and (b) of this section.
(2) Active members of the North Carolina National Guard
who were previously enrolled in any business or trade school, proprietary
school, private educational institution, or State educational institution,
but only if:
a. The applicant has a minimum obligation of two years remaining as a member of the North Carolina National Guard from the time of the application; or
b. The applicant commits himself or herself to extended membership for at least two additional years from the time of the application."
SECTION 66.(c) G.S. 116‑209.55 reads as rewritten:
"§ 116‑209.55. Administration and funding.
(a) The Authority is charged with the administration of the tuition assistance program under this Part.
(b) The Authority shall determine the eligibility of
applicants, select the benefit recipients, establish the effective date of the
benefit, and may suspend or revoke the benefit if the Authority finds that the
recipient does not maintain an adequate academic status, or if the recipient
engages in riots, unlawful demonstrations, the seizure of educational
buildings, or otherwise engages in disorderly conduct, breaches of the peace,
or unlawful assemblies. The Authority shall maintain such records and shall
promulgate such rules and regulations as the Authority deems necessary for the
orderly administration of this program. The Authority may require of business
or trade schools proprietary schools or State or private educational
institutions such reports and other information as the Authority may need to
carry out the provisions of this Part and the Authority shall disburse benefit
payments for recipients upon certification of enrollment by the enrolling
institutions.
(c) All tuition benefit disbursements shall be made to
the business or trade school proprietary school or State or
private educational institution concerned, for credit to the tuition account of
each recipient. Funds disbursed pursuant to subsection (g) of this section
shall be made to the student loan creditor concerned to be applied against the
outstanding student loans of each North Carolina National Guard member
beneficiary.
(d) The participation by any business or trade
school proprietary school or private educational institution in this
program shall be subject to the applicable provisions of this Part and to
examination by the State Auditor of the accounts of the benefit recipients
attending or having attended such private schools or institutions. The
Authority may defer making an award or may suspend an award in any business
or trade school proprietary school or private educational
institution which does not comply with the provisions of this Part relating to
said institutions. The manner of payment to any business or trade schoolproprietary
school or private educational institution shall be as prescribed by the
Authority.
(e) Irrespective of other provisions of this Part, the
Authority may prescribe special procedures for adjusting the accounts of
benefit recipients who, for reasons of illness, physical inability to attend
classes or for other valid reason satisfactory to the Authority, may withdraw
from any business or trade schoolproprietary school or State or
private educational institution prior to the completion of the term, semester,
quarter or other academic period being attended at the time of withdrawal.
(f) Any balance of the monetary educational assistance grant up to the maximum for the academic year remaining after tuition is paid pursuant to subsection (c) of this section may be disbursed to the recipient as reimbursement for required course books and materials. The manner of obtaining the reimbursement payment for these required books and materials shall be as prescribed by the Authority.
(g) Any funds not needed to accomplish the other purposes of this Part may be used to help members of the North Carolina National Guard repay outstanding student loans in accordance with rules to be adopted by the Authority. These rules shall provide that the length of a member's deployment may be considered in determining whether or not, and in what amount, a member receives assistance pursuant to this subsection. There shall be no reimbursement under this subsection for payments already made on student loans, and funds shall not be provided under this subsection for the purpose of paying student loans obtained for courses from which the member withdrew or for which the member did not receive a passing grade. Payments for outstanding loans shall not exceed the maximum benefit available under G.S. 116‑209.53."
SECTION 67.(a) Article 29 of Chapter 116 of the General Statutes is amended by adding a new section to read:
"§ 116‑235.5. Advanced courses.
(a) Students enrolled in the North Carolina School of Science and Mathematics or in high school courses at the North Carolina School of the Arts shall have access to and shall be encouraged to enroll in and successfully complete more rigorous advanced courses to enable success in postsecondary education. For the purposes of this section, an advanced course is an Advanced Placement or International Baccalaureate Diploma Programme course.
(b) To attain this goal, to the extent funds are made available for this purpose, students shall be exempt from paying any fees for administration of examinations for advanced courses and registration fees for advanced courses in which the student is enrolled regardless of the score the student achieves on an examination.
(c) If funds are appropriated for advanced courses, the State Board of Education shall reimburse The University of North Carolina for fees for advanced courses for students enrolled in the North Carolina School of Science and Mathematics or in high school courses at the North Carolina School of the Arts as provided in subsection (b) of this section."
SECTION 67.(b) G.S. 116‑69 reads as rewritten:
"§ 116‑69. Purpose of school program.
The primary purpose of the school shall be the professional training, as distinguished from liberal arts instruction, of talented students in the fields of music, drama, the dance, and allied performing arts, at both the high school and college levels of instruction, with emphasis placed upon performance of the arts, and not upon academic studies of the arts. The said school may also offer high school and college instruction in academic subjects, including advanced courses as provided in G.S. 116‑235.5, and such other programs as are deemed necessary to meet the needs of its students and of the State, consistent with appropriations made and gifts received therefor, and may cooperate, if it chooses, with other schools which provide such courses of instruction. The school, on occasion, may accept elementary grade students of rare talent, and shall arrange for such students, in cooperation with an elementary school, a suitable educational program."
SECTION 68. G.S. 120‑11.1 reads as rewritten:
"§ 120‑11.1. Time of meeting.
The regular session of the Senate and House of
Representatives shall be held biennially beginning at 9:00 A.M.12:00
noon on the second Wednesday in January next after their election, and on
that day they shall meet solely to elect officers, adopt rules, and otherwise
organize the session. When they adjourn that day, they stand adjourned until
12:00 noon on the third Wednesday after the second Monday in January next after
their election."
SECTION 69.(a) G.S. 120‑76(10) is repealed.
SECTION 69.(b) Subdivision (4) of Section 1.2(a) of S.L. 2011‑291 is repealed.
SECTION 70. G.S. 130A‑33.31 reads as rewritten:
"§ 130A‑33.31. Commission of Anatomy – Members; selection; term; chairman; quorum; meetings.
(a) The Commission of Anatomy shall consist of fivesix
members, one representative from the field of mortuary science, and one each
from The University of North Carolina School of Medicine, East Carolina
University School of Medicine, Duke University School of Medicine, and Bowman
Gray School of Medicine.Medicine, and Campbell University School of
Osteopathic Medicine. The dean of each school shall make recommendations
and the Secretary shall appoint from such recommendations a member to the
Commission. The president of the State Board of Funeral Service shall appoint
the representative from the field of mortuary science to the Commission. The
members shall serve terms of four years except two of the original members
shall serve a term of one year, one shall serve a term of two years, one shall
serve a term of three years, and one shall serve a term of four years. The
Secretary shall determine the terms of the original members.
(b) Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
(c) The Secretary shall remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance.
(d) The Commission shall elect a chair annually from its own membership.
(e) A majority of the Commission shall constitute a quorum for the transaction of business.
(f) The Commission shall meet at any time and place within the State at the call of the chair or upon the written request of three members.
(g) All clerical and other services required by the Commission shall be supplied by the Secretary."
SECTION 71. G.S. 131E‑21 reads as rewritten:
"§ 131E‑21. Conflict of interest.
(a) No commissioner or employee of the hospital authority or that person's spouse shall do either of the following:
(1) Acquire any interest, direct or indirect, in any hospital facility or in any property included or planned to be included in a hospital facility.
(2) Have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any hospital facility, except an employment contract for an employee. The foregoing restriction shall not apply to any contract, undertaking, or other transaction with a bank or banking institution, savings and loan association or public utility in the regular course of its business; Provided that any such contract, undertaking, or other transaction shall be authorized by the commissioners by specific resolution on which no commissioner having an interest, direct or indirect, shall vote.
(b) The fact that a person or that person's spouse owns ten percent (10%) or less stock of a corporation or has a ten percent (10%) or less ownership in any other business entity or is an employee of that corporation or other business entity does not make the person have an "interest, direct or indirect" as this phrase is used in subsection (a) of this section; provided that, in order for the exception to apply, the contract, undertaking or other transaction shall be authorized by the commissioners by specific resolution on which no commissioner or employee having an interest, direct or indirect, shall vote.
(c) If a commissioner or employee of an authority or that person's spouse owns or controls an interest, direct or indirect, in any property included or planned to be included in any hospital facility, the commissioner or employee shall immediately disclose the same in writing to the authority and the disclosure shall be entered upon the minutes of the authority. Failure to disclose shall constitute misconduct in office and shall be grounds for a commissioner's removal from office under G.S. 131E‑22.
(c1) Subsection (a) of this section shall not apply if the commissioner or employee is not involved in making or administering the contract. A commissioner or employee is involved in administering a contract if the commissioner or employee oversees the performance of or interprets the contract. A commissioner or employee is involved in making a contract if the commissioner or employee participates in the development of specifications or terms or in the preparation or award of the contract. A commissioner or employee is not involved in making or administering a contract solely because of the performance of ministerial duties related to the contract. A commissioner is also involved in making a contract if the hospital authority takes action on the contract, whether or not the commissioner actually participates in that action, unless the contract is approved under an exception to this section under which the commissioner is allowed to benefit and is prohibited from voting.
(d) Subsection (a) of this section shall not apply to any commissioner of a hospital authority if (i) the undertaking or contract or series of undertakings or contracts between the hospital authority and one of its officials is approved by specific resolution of the governing body adopted in an open and public meeting and recorded in its minutes and the amount does not exceed twelve thousand five hundred dollars ($12,500) for medically related services and twenty‑five thousand dollars ($25,000) for other goods or services within a 12‑month period; and (ii) the official entering into the contract or undertaking with the hospital authority does not in an official capacity participate in any way or vote.
(e) Subsection (a) of this section shall not apply to any employment relationship between a hospital authority and the spouse of a commissioner of the hospital authority.
(f) A contract entered into in violation of this section is void. A contract that is void under this section may continue in effect until an alternative can be arranged when: (i) immediate termination would result in harm to the public health or welfare, and (ii) the continuation is approved as provided in this subsection. A hospital authority that is a party to the contract may request approval to continue contracts under this subsection from the chairman of the Local Government Commission. Approval of continuation of contracts under this subsection shall be given for the minimum period necessary to protect the public health or welfare."
SECTION 72.(a) G.S. 136‑200.2(k) reads as rewritten:
"(k) All individuals with voting authority serving
on an MPO who are members of the Board of Transportation shall comply with
Chapter 138A of the General Statutes and G.S. 143A‑350 G.S. 143B‑350
while serving on the MPO."
SECTION 72.(b) G.S. 136‑211(k) reads as rewritten:
"(k) All individuals with voting authority serving
on a rural transportation planning organization who are members of the Board of
Transportation shall comply with Chapter 138A of the General Statutes and G.S. 143A‑350
G.S. 143B‑350 while serving on the rural transportation
planning organization."
SECTION 73. G.S. 136‑222 reads as rewritten:
"§ 136‑222.
Commission established; appointment and terms of members; chairman;cochairs;
reports; commission funds; staff.
(a) Commission established. – The Virginia‑North Carolina High‑Speed Rail Compact Commission is hereby established as a regional instrumentality and a common agency of each signatory party, empowered in a manner hereinafter to carry out the purposes of the Compact.
(b) Members, terms. – The Virginia members of the Commission shall be appointed as follows: three members of the House of Delegates, appointed by the Speaker of the House of Delegates, and two members of the Senate, appointed by the Senate Committee on Rules. The North Carolina members of the Commission shall be composed of five members as follows: two members of the Senate appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate, two members of the House of Representatives appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives, and one appointed by the Governor.
(c) Chair. – The chair of the Commission shall be
chosen by the members of the Commission from among its membership for a term of
one year and shall alternate between the member states.Cochairs. – A
cochair to the Commission shall be chosen by the Virginia members of the
Commission from among its Virginia membership for a term of one year. A cochair
to the Commission shall be chosen by the North Carolina members of the
Commission from among its North Carolina membership for a term of one year.
(d) Meetings and reports. – The Commission shall meet at least twice each year, at least once in Virginia and once in North Carolina, and shall issue a report of its activities each year.
(e) Funds. – The Commission may utilize, for its operation and expenses, funds appropriated to it therefore by the legislatures of Virginia and North Carolina, or received from federal sources.
(f) Expenses of Members. – Virginia members of the Commission shall receive compensation and reimbursement for expenses in accordance with the applicable laws of that state. North Carolina members of the Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑31, 138‑5, or 138‑6, as appropriate.
(g) Staff. – Primary staff to the Commission shall be provided by the Virginia Department of Rail and Public Transportation and the North Carolina Department of Transportation."
SECTION 74. G.S. 140‑5.13(b) reads as rewritten:
"(b) The Board of Trustees of the North Carolina Museum of Art shall consist of 25 members, chosen as follows:
(1) The Governor shall appoint 13 members, one from
each congressional district in the State in accordance with G.S. 147‑12(3b);G.S. 147‑12(3b).
(2) Repealed by Session Laws 2012‑120, s. 1(e), effective October 1, 2012.
(3) The North Carolina Museum of Art Foundation,
Incorporated, shall elect four members;members.
(4) The Board of Trustees of the North Carolina Museum
of Art shall elect four members;members.
(5) The General Assembly shall appoint four members,
two upon the recommendation of the Speaker of the House of Representatives, and
two upon the recommendation of the President Pro Tempore of the Senate in
accordance with G.S. 120‑121;G.S. 120‑121.
(6) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1191, s. 49.
All regular appointments or elections except those by the
General Assembly shall be for terms of six years, except that each member shall
serve until the member's successor is chosen and qualifies. No person may be
appointed or elected to more than two consecutive terms of six years. All
regular appointments by the General Assembly shall be for the then current
legislative term, and no appointee of the General Assembly may be appointed to
more than two consecutive terms of two four years."
SECTION 75.(a) G.S. 143‑136(c), as enacted by S.L. 2015‑145, reads as rewritten:
"(c) Residential Code Committee Created; Duties. –
Within the Building Code Council, there is hereby created a Residential Code
for One‑ and Two‑Family Dwellings Committee composed of seven members
of the Building Code Council, specifically the licensed general contractor
specializing in residential construction who shall serve as chairman of this
committee; the licensed general contractor specializing in coastal residential
construction; the licensed engineer practicing structural engineering; the
licensed plumbing and heating contractor; the fire service representative; the
municipal or county building inspector; and the licensed electrical contractor.
This committee shall meet upon the call of its chairman to review any proposal
for revision or amendment to the North Carolina State Building Code:
Residential Code for One‑ and Two‑Family Dwellings, including
provisions applicable to One‑ and Two‑Family Dwellings from the NC
Energy Code, NC Electrical Code, NC Fuel Gas Code, NC Plumbing Code, the NC
Mechanical Code, and the NC Existing Building Code, and no revision or
amendment to any of these codes applicable to residential construction may be
considered by the Building Code Council unless recommended by this committee.
This committee shall also oversee the process by which the Council conducts its
revision pursuant to G.S. 143‑138(d). This committee shall also
consider any appeal or interpretation arising under G.S. 143‑141
pertaining to North Carolina State Building Code: Residential Code for One‑
and Two‑Family Dwellings and make a recommendation to the Building Code
Council for disposition of the appeal or interpretation. In considering the
recommendations of the committee related to revisions and amendments of the
Building Code, nothing in this subsection shall prevent the Building Code
Council from accepting, rejecting, or amending the recommendation, provided
that any amendment to the recommendation must be germane."
SECTION 75.(b) G.S. 143‑136(d), as enacted by S.L. 2015‑145, reads as rewritten:
"(d) Building Code Committee Created; Duties. – Within the Building Code Council, there is hereby created a Building Code Committee for all structures except those subject to the North Carolina State Building Code: Residential Code for One‑ and Two‑Family Dwellings. The committee shall be composed of the following nine members of the Building Code Council:
(1) One of the licensed architects appointed by the chairman of the Building Code Council.
(2) The licensed engineer practicing mechanical engineering.
(3) The licensed engineer practicing electrical engineering.
(4) The licensed engineer practicing structural engineering.
(5) The municipal elected official.
(6) The fire service representative.
(7) The municipal or county building inspector.
(8) The State agency engineer.
(9) The licensed general contractor.
The chairman of the Building Code Council shall call the
first meeting of the Committee, at which meeting the Committee shall elect a
chairman from among the members of the Committee as the first order of
business. Thereafter, the Committee shall meet upon the call of the chairman to
review any proposal for revision or amendment to the North Carolina State
Building Code, including provisions applicable to the North Carolina Energy
Code, the North Carolina Electrical Code, the North Carolina Fuel Gas Code, the
North Carolina Plumbing Code, the North Carolina Mechanical Code, and the North
Carolina Existing Building Code, and no revision or amendment to any of these
codes applicable to commercial or multi‑family construction may be
considered by the Building Code Council unless recommended by this committee.
This committee shall also oversee the process by which the Council conducts its
revision of the codes applicable to commercial or multi‑family
construction pursuant to G.S. 143‑138(d). This committee shall
also consider any appeal or interpretation arising under G.S. 143‑141
pertaining to codes applicable to commercial or multi‑family construction
and make a recommendation to the Building Code Council for disposition of the
appeal or interpretation. In considering the recommendations of the
committee related to revisions and amendments of the Building Code, nothing in
this subsection shall prevent the Building Code Council from accepting,
rejecting, or amending the recommendation, provided that any amendment to the
recommendation must be germane."
SECTION 75.(c) This section becomes effective October 1, 2015.
SECTION 76. G.S. 143‑166.13 reads as rewritten:
"§ 143‑166.13. Persons entitled to benefits under Article.
(a) The following persons who are subject to the Criminal Justice Training and Standards Act are entitled to benefits under this Article:
…
(20) Sworn State Law‑Enforcement Officers with the power of arrest, Industrial Commission Fraud Investigators, Department of Commerce.
…."
SECTION 77. G.S. 143‑548(d1) reads as rewritten:
"(d1) Terms of Appointment. –
(1) Length of Term. – Each member of the Council shall serve for a term of not more than three years, except that:
a. A member appointed to fill a vacancy occurring
prior to the expiration of the term for which a predecessor was appointed shall
be appointed for the remainder of that term;term.
b. The terms of service of the members initially
appointed are as specified by the appointing authority for a fewer number of
years as will provide for the expiration of terms on a staggered basis and
shall include the members of the existing Council to the extent possible with
appropriate adjustments to their terms;terms.
c. The appointing authority shall have the power to
remove any member of the Council from office in accordance with the provisions
of G.S. 143B‑16; andG.S. 143B‑16.
d. A member may continue to serve until a successor
for the position is appointed;appointed.
(2) Number of Terms. – No member of the
Council other than the representative of the Client Assistance Program and the
representative of the directors of projects carried out under section 121 of
the Rehabilitation Act of 1973, 29 U.S.C. § 741, as amended, may serve more
than two consecutive full terms."
SECTION 78. G.S. 143B‑168.12(a)(1) reads as rewritten:
"(1) The North Carolina Partnership shall have a Board of Directors consisting of the following 26 members:
a. The Secretary of Health and Human Services, ex
officio, or the Secretary's designee;designee.
b. Repealed by Session Laws 1997, c. 443, s. 11A.105.
c. The Superintendent of Public Instruction, ex
officio, or the Superintendent's designee;designee.
d. The President of the Community Colleges System, ex
officio, or the President's designee;designee.
e. Three members of the public, including one child
care provider, one other who is a parent, and one other who is a board chair of
a local partnership serving on the North Carolina Partnership local partnership
advisory committee, appointed by the General Assembly upon recommendation of
the President Pro Tempore of the Senate;Senate.
f. Three members of the public, including one who is
a parent, one other who is a representative of the faith community, and one
other who is a board chair or designee of the board chair of a local
partnership serving on the North Carolina Partnership local partnership
advisory committee, appointed by the General Assembly upon recommendation of
the Speaker of the House of Representatives;Representatives.
g. Twelve members, appointed by the Governor. Three of
these 12 members shall be members of the party other than the Governor's party,
appointed by the Governor. Seven of these 12 members shall be appointed as
follows: one who is a child care provider, one other who is a pediatrician, one
other who is a health care provider, one other who is a parent, one other who
is a member of the business community, one other who is a member representing a
philanthropic agency, and one other who is an early childhood educator;educator.
h. Repealed by Session Laws 1998‑212, s. 12.37B(a), effective October 30, 1998.
h1. The Chair of the North Carolina Partnership Board
shall be appointed by the Governor;Governor.
i. Repealed by Session Laws 1998‑212, s. 12.37B(a), effective October 30, 1998.
j. One member of the public appointed by the General
Assembly upon recommendation of the Majority Leader of the Senate;Senate.
k. One member of the public appointed by the General Assembly
upon recommendation of the Majority Leader of the House of Representatives;Representatives.
l. One member of the public appointed by the General
Assembly upon recommendation of the Minority Leader of the Senate;Senate.
m. One member of the public appointed by the General
Assembly upon recommendation of the Minority Leader of the House of Representatives;
andRepresentatives.
n. The Director of the More at Four Pre‑Kindergarten Program, or the Director's designee.
All members appointed to succeed the initial members and members appointed thereafter shall be appointed for three‑year terms. Members may succeed themselves.
All appointed board members shall avoid conflicts of interests and the appearance of impropriety. Should instances arise when a conflict may be perceived, any individual who may benefit directly or indirectly from the North Carolina Partnership's disbursement of funds shall abstain from participating in any decision or deliberations by the North Carolina Partnership regarding the disbursement of funds.
All ex officio members are voting members. Each ex officio member may be represented by a designee. These designees shall be voting members. No members of the General Assembly shall serve as members.
The North Carolina Partnership may establish a nominating committee and, in making their recommendations of members to be appointed by the General Assembly or by the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Majority Leader of the Senate, the Majority Leader of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives, and the Governor shall consult with and consider the recommendations of this nominating committee.
The North Carolina Partnership may establish a policy on members' attendance, which policy shall include provisions for reporting absences of at least three meetings immediately to the appropriate appointing authority.
Members who miss more than three consecutive meetings without excuse or members who vacate their membership shall be replaced by the appropriate appointing authority, and the replacing member shall serve either until the General Assembly and the Governor can appoint a successor or until the replaced member's term expires, whichever is earlier.
The North Carolina Partnership shall establish a policy on membership of the local boards. No member of the General Assembly shall serve as a member of a local board. Within these requirements for local board membership, the North Carolina Partnership shall allow local partnerships that are regional to have flexibility in the composition of their boards so that all counties in the region have adequate representation.
All appointed local board members shall avoid conflicts of interests and the appearance of impropriety. Should instances arise when a conflict may be perceived, any individual who may benefit directly or indirectly from the partnership's disbursement of funds shall abstain from participating in any decision or deliberations by the partnership regarding the disbursement of funds."
SECTION 79.(a) G.S. 143B‑1100(b)(4) reads as rewritten:
"(4) Two public members provided by subdivision sub‑subdivision
(a)(1)d. of this section shall be appointed by the General Assembly upon
recommendation of the Speaker of the House of Representatives and two public
members provided by subdivisionsub‑subdivision (a)(1)d. of
this section shall be appointed by the General Assembly upon recommendation of
the President Pro Tempore of the Senate."
SECTION 79.(b) G.S.143B‑1100(c) reads as rewritten:
"(c) The initial members of the Commission shall
be those appointed under subsection (b) above, which appointments shall be made
by March 1, 1977. The terms of the present members of the Governor's Commission
on Law and Order shall expire on February 28, 1977. Effective March 1, 1977,
the Governor shall appoint members, other than those serving by virtue of their
office, to serve staggered terms; seven shall be appointed for one‑year
terms, seven for two‑year terms, and seven for three‑year terms. At
the end of their respective terms of office their successors shall be appointed
for terms of three years and until their successors are appointed and
qualified. The Commission members from the House and Senate The
public members appointed pursuant to subdivision (4) of subsection (b) of this
section shall serve two‑year terms effective March 1, of each odd‑numbered
year; and they shall not be disqualified from Commission membership because
of failure to seek or attain reelection to the General Assembly, but resignation
or removal from office as a member of the General Assembly shall constitute
resignation or removal from the Commission. year. Any other Commission
member no longer serving in the office from which hethe member
qualified for appointment shall be disqualified from membership serving
on the Commission. Any appointment to fill a vacancy on the Commission
created by the resignation, dismissal, death, disability, or disqualification
of a member shall be for the balance of the unexpired term."
SECTION 80. Reserved.
SECTION 81.(a) If House Bill 373, 2015 Regular Session, becomes law, then G.S. 163‑278.8B, as enacted by Section 3(a) of that act, is rewritten to read:
"§ 163‑278.8B. Affiliated party committees.
(a) Each political party caucus of the North Carolina House of Representatives and the North Carolina Senate may establish one separate affiliated party committee to support the election of candidates who would be eligible to be members of that caucus. No other affiliated party committees shall be authorized pursuant to this section. The affiliated party committee is deemed a political party for purposes of this Article.
(c) Each affiliated party committee shall:
(2) Conduct campaigns for candidates who would be eligible to be members of that political party caucus of the North Carolina House of Representatives or North Carolina Senate if elected or re‑elected, or manage daily operations of the affiliated party committee.
(3) Establish a bank account.
(4) Accept contributions and expend funds.
(e) For purposes of this section, "political party" has the same meaning as defined in G.S. 163‑96."
SECTION 81.(b) If House Bill 373, 2015 Regular Session, becomes law, that act is amended by adding a new bill section to read:
"SECTION 3.(a1) Article 22A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑278.8C. Council of State affiliated party committees.
(a) Members of the Council of State affiliated with the same political party may establish one separate Council of State affiliated party committee to support the election of candidates who would be eligible to be nominees of that political party for Council of State offices. No other Council of State affiliated party committees shall be authorized pursuant to this section. The Council of State affiliated party committee is deemed a political party for purposes of this Article.
(b) Each Council of State affiliated party committee shall:
(1) Adopt bylaws which shall be in compliance with the provisions of this Article. At a minimum, the bylaws shall include designation of a treasurer.
(2) Conduct campaigns for candidates for Council of State who are members of the leader's political party or manage daily operations of the Council of State affiliated party committee.
(3) Establish a bank account.
(4) Accept contributions and expend funds.
(c) Notwithstanding any other provision of law to the contrary, a Council of State affiliated party committee shall be entitled to use the name, abbreviation, and symbol of the political party of its leader.
(d) A previously established Council of State affiliated party committee may continue to be maintained in the event that no individual affiliated with that political party is elected to serve on the Council of State in the general election. The Council of State affiliated party committee shall be maintained by the most recently elected members of the Council of State from that political party. Notwithstanding the definition of "leader" in subsection (e) of this section, those members shall designate an individual from that group to serve as leader. When an individual or individuals affiliated with that political party is next elected to the Council of State, that individual or individuals shall assume control of the Council of State affiliated party committee for that political party.
(e) For purposes of this section, the following definitions shall apply:
(1) "Leader." – The highest‑ranking individual affiliated with the political party of the Council of State affiliated party committee. For the purposes of this subdivision, the highest‑ranking office serving on the Council of State shall be in the following order: Governor, Lieutenant Governor, and the offices as set out in Article III, Section 7 of the North Carolina Constitution, as follows: Secretary of State, State Auditor, State Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance.
(2) "Political party." – As defined in G.S. 163‑96."
SECTION 81.(c) If House Bill 373, 2015 Regular Session, becomes law, that act is amended by adding a new bill section to read:
"SECTION 3.(b1) G.S. 163‑278.6 is amended by adding a new subdivision to read:
"(1a) The term "affiliated party committee" means a General Assembly affiliated party committee as established by G.S. 163‑278.8B or Council of State affiliated party committee as established by 163‑278.8C."
SECTION 81.(d) If House Bill 373, 2015 Regular Session, becomes law, G.S. 163‑278.6(15), as amended by that act, reads as rewritten:
"(15) The term "political party" means any
political party organized or operating in this State, whether or not that party
is recognized under the provisions of G.S. 163‑96. A special
definition of "political party organization" that applies only in
Part 1A of this Article is set forth in G.S. 163‑278.38Z. An
affiliated party committee is deemed a political party for this Article as set
forth in G.S. 163‑278.8B.G.S. 163‑278.8B and G.S. 163‑278.8C."
SECTION 81.(e) If House Bill 373, 2015 Regular Session, becomes law, that act is amended to add two new bill sections to read:
"SECTION 3.(s) G.S. 163‑278.13B(a)(2) reads as rewritten:
"(2) "Limited contributee" means a member
of or candidate for the Council of State, a member of or candidate for the
General Assembly.Assembly, an affiliated party committee, or a
Council of State affiliated party committee."
SECTION 3.(t) If any provision of this section or its application is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provisions or application, and to this end the provisions of this section are severable."
SECTION 81.(f) If House Bill 373, 2015 Regular Session, becomes law G.S. 163‑278.38Z, as amended by that act, reads as rewritten:
"§ 163‑278.38Z. Definitions.
As used in this Part:
…
(3) "Candidate campaign committee" means any
political committee organized by or under the direction of a candidate.candidate,
except for an affiliated party committee as defined in G.S. 163‑278.6(1a).
…"
SECTION 82. Section 3 of S.L. 2014‑15 reads as rewritten:
"SECTION 3. Section 2 of this act becomes effective July 1, 2015. The remainder of this act is effective when it becomes law, and the annual identification requirement for local school administrative units applies beginning with the 2015‑2016 school year. Beginning in the 2016‑2017 school year, and annually thereafter, the identification of military‑connected students for all local school administrative units shall be completed by January 31 of each school year. Local school administrative units may begin the annual identification of military‑connected students using the Uniform Education Reporting System beginning with the 2014‑2015 school year."
SECTION 83. Section 9 of S.L. 2014‑49 reads as rewritten:
"SECTION 9. Section 4 of this act becomes
effective July 29, 2013. The remainder of this act is effective when it becomes
law, and Sections 1 through 7 1, 2, 3, 5, 6, and 7 apply to
grants awarded beginning with the 2014‑2015 school year."
SECTION 84. S.L. 2015‑13 is amended by adding a new section to read:
"SECTION 3.1. S.L. 1975‑95 is repealed."
SECTION 85. Section 2 of S.L. 2015‑32 reads as rewritten:
"SECTION 2. The Joint Legislative Commission Oversight
Committee on Justice and Public Safety may study the current State and
federal law regarding the authority for State agencies to schedule controlled
substances without legislative action and the procedure for that scheduling or
rescheduling."
SECTION 86. Section 7 of S.L. 2015‑186 reads as rewritten:
"SECTION 7. This act becomes effective December
1, 2015, and applies to convictions offenses committed on or
after that date. Prosecutions for offenses committed before the effective date
of this act are not abated or affected by this act, and the statutes that would
be applicable but for this act remain applicable to those prosecutions."
SECTION 86.3. Section 8.37 of S.L. 2015‑241 is amended by adding a new subsection to read:
"(c) Of the funds appropriated to the Department of Public Instruction for the 2015‑2016 fiscal year, the Department may use funds available in an amount no greater than five percent (5%) of the amount reverted by the Department for the 2014‑2015 fiscal year to implement the DPI Flexibility Reduction for the 2015‑2016 fiscal year."
SECTION 86.5.(a) Section 12A.5(b)(1) of S.L. 2015‑241 reads as rewritten:
"(1) Beginning immediately upon receipt of the transferred funds, facilitate the following:
a. Establishment Establishment,
administration, and ongoing support of the successor HIE Network described
in subsection (a) of this section. Not later than 30 days after receipt of
the transferred funds and notwithstanding any State laws pertaining to
contracting procedures or contract review and approval requirements, the State
CIO shall negotiate and enter into or amend a contract for services with an
effective date no later than 30 days from receipt of the transferred funds. The
contract for services shall include provisions to accomplish all of the
following:
1. The State's transition from the HIE Network established under Article 29A of Chapter 90 of the General Statutes to the successor HIE Network described in subsection (a) of this section.
2. Establishment, oversight, administration, and ongoing support for the successor HIE Network described in subsection (a) of this section.
3. Initial steps toward implementation of an HIE analytics data warehouse to be used solely for the purposes set forth in G.S. 90‑414(a), as enacted by subsection (d) of this section.
b. Termination or assignment to the Authority by February 29, 2016, of any contracts pertaining to the HIE Network established under Article 29A of Chapter 90 of the General Statutes (i) between the State and the NC HIE and (ii) between the NC HIE and any third parties.
c. Pursuant to G.S. 143B‑426.38A, as recodified by Section 7A.2(c) of this act, utilization of existing public‑private partnerships and existing data and analytics contracts to do all of the following:
1. Ensure the provision of services necessary to accomplish the State's transition from the HIE Network established under Article 29A of Chapter 90 of the General Statutes to the successor HIE Network described in subsection (a) of this section.
2. Provide for the integration of health information exchange clinical data, including the implementation of a health information exchange analytics data warehouse, to be used solely for the purposes set forth in G.S. 90‑414(a), as enacted by subsection (d) of this section.
3. Provide health information exchange stakeholders with access to specific health information exchange analytics in a manner that allows stakeholders to leverage historical and prescriptive data for the purpose of reducing healthcare costs and improving quality and access to care."
SECTION 86.5.(b) G.S. 90‑414.3(9), as enacted by Section 12A.5(d) of S.L. 2015‑241, reads as rewritten:
"(9) HIPAA. – The Sections 261 through 264
of the federal Health Insurance Portability and Accountability Act of 1996,
P.L. 104‑191, as amended, and any federal regulations adopted to
implement these sections, as amended."
SECTION 86.5.(c) G.S. 90‑414.9, as enacted by Section 12A.5(d) of S.L. 2015‑241, reads as rewritten:
"§ 90‑414.9. Participation by covered entities.
(a) Each covered entity that elects to participateparticipates
in the HIE Network shall enter into a HIPAA compliant business associate
agreement described in G.S. 90‑414.5(b)(8) and a written
participation agreement described in G.S. 90‑414.5(b)(6) with the
Authority or qualified organization prior to submitting data through or in the
HIE Network.
(b) Each covered entity that elects to participateparticipates
in the HIE Network may authorize its business associates on behalf of the
covered entity to submit data through, or access data stored in, the HIE
Network in accordance with this Article and at the discretion of the Authority,
as provided in G.S. 90‑414.5(b)(8).
(c) Notwithstanding any State law or regulation to the
contrary, each covered entity that elects to participateparticipates
in the HIE Network may disclose an individual's protected health information
through the HIE Network to other covered entities for any purpose permitted by
HIPAA, unless the individual has exercised the right to opt out."
SECTION 86.5.(d) Section 12A.5 of S.L. 2015‑241 is amended by adding a new subsection to read:
"SECTION 12A.5.(f1) Notwithstanding any provision of this section, covered entities that are required to submit demographic and clinical information through the successor HIE Network described in subsection (a) of this section pursuant to G.S. 90‑414.4(b), as enacted by subsection (d) of this section, shall not be required to submit such demographic and clinical information through the successor HIE Network until (i) the State CIO certifies that the HIE Network connection is operational and (ii) the Authority establishes a date for covered entities to begin submitting demographic and clinical information through the operational connection to the HIE Network or by other secure electronic means, as provided in G.S. 90‑414.4(b), as enacted by subsection (d) of this section."
SECTION 86.5.(e) Section 12A.5(g) of S.L. 2015‑241 reads as rewritten:
"SECTION 12A.5.(g) Subsections Except
as provided in subsection (f1) of this section, subsections (d) and (e) of
this section become effective October 1, 2015. Subsection (f) of this section
becomes effective on the date the State Chief Information Officer notifies the
Revisor of Statutes that all contracts pertaining to the HIE Network
established under Article 29A of Chapter 90 of the General Statutes (i) between
the State and the NC HIE, as defined in G.S. 90‑413.3, and (ii)
between the NC HIE and any third parties have been terminated or assigned to
the North Carolina Health Information Exchange Authority established under
Article 29B of Chapter 90 of the General Statutes, as enacted by subsection (d)
of this section. The remainder of this section becomes effective July 1, 2015."
SECTION 87.(a) Section 12F.17 of S.L. 2015‑241 is repealed.
SECTION 87.(b) G.S. 168‑2, as reenacted by Section 87(a) of this act, reads as rewritten:
"§ 168‑2. Right of access to and use of public places.
Persons with disabilities have the same right as persons
without disabilities to the full and free use of the streets, highways,
sidewalks, walkways, public buildings, public facilities, and all other
buildings and facilities, both publicly and privately owned, which serve the
public. The Department of Health and Human Services shall develop, print,
and promote the publication ACCESS NORTH CAROLINA. It shall make copies of the
publication available to the Department of Commerce for its use in Welcome
Centers and other appropriate Department of Commerce offices. The Department of
Commerce shall promote ACCESS NORTH CAROLINA in its publications (including
providing a toll‑free telephone line and an address for requesting copies
of the publication) and provide technical assistance to the Department of
Health and Human Services on travel attractions to be included in ACCESS NORTH
CAROLINA. The Department of Commerce shall forward all requests for mailing
ACCESS NORTH CAROLINA to the Department of Health and Human Services."
SECTION 88. Section 12H.23(a) of S.L. 2015‑241 reads as rewritten:
"SECTION 12H.23.(a) The Department of Health and
Human Services shall submit a State Plan amendment to modify Section 4.19‑A
of the Medicaid State Plan, such that, effective January 1, 2016, no Medicaid
provider may receive reimbursement for Graduate Medical Education (GME) in
addition as an add‑on to their DRG Unit Value (Base) rate
under the DRG payment rate methodology as defined in the current
Medicaid State Plan. GME costs will continue to be an allowable Medicaid
cost to be recorded on the hospital's Medicaid cost report in accordance with
Medicare cost reporting requirements. GME costs will continue to be allowable
in the calculation of supplemental payments made as part of cost settlements,
Medicaid Reimbursement Initiative (MRI) and Upper Payment Limit (UPL) models as
defined in the State Plan and allowed by the Centers for Medicare and Medicaid
Services (CMS). This section shall not be construed to require the Department
to submit any State Plan amendment to CMS that increases State funding
requirements or that would impair achievement of the savings required by the "Hospital
Inpatient Base Rates – GME" item in the Joint Conference Committee Report
on the Base, Expansion, and Capital Budgets in the amount of twelve million
seven hundred forty‑eight thousand seven hundred ninety‑five
dollars ($12,748,795) in fiscal year 2015‑2016 and the amount thirty‑one
million one hundred twenty‑seven thousand two hundred four dollars
($31,127,204) in fiscal year 2016‑2017."
SECTION 89. S.L. 2015‑241 is amended by adding a new section to read:
"AMEND COST SETTLEMENT OF LOCAL HEALTH DEPARTMENTS
SECTION 12H.30. The Department of Health and Human Services shall submit a Medicaid State Plan amendment request to the Centers for Medicare and Medicaid Services (CMS) to amend the annual cost settlement methodology for local health departments required by Article 2 of Chapter 130A of the General Statutes. The State Plan amendment shall provide a methodology that maximizes identification of allowable Medicaid costs in order to assure that North Carolina is receiving the maximum federal reimbursement for local health departments' treatment of Medicaid‑eligible patients consistent with Medicare reimbursement principles. The State Plan amendment required by this section shall be submitted by February 15, 2016 and shall apply to cost reports with a fiscal year beginning July 1, 2016 and thereafter. This section shall not be construed to require the Department to submit to CMS a State Plan amendment that increases State funding requirements."
SECTION 89.5.(a) G.S. 143B‑135.188, as recodified and amended by subsection 14.30(n) of S.L. 2015‑241, is rewritten to read:
"§ 143B‑135.188. North Carolina Aquariums; fees; fund.
…
(b) Fund. – The North Carolina Aquariums Fund is hereby created as a special and nonreverting fund. The North Carolina Aquariums Fund shall be used for the following:
(1) Repair, renovation, expansion, maintenance, and educational exhibit construction at existing aquariums.
(2) Payment of the debt service and lease payments related to the financing of expansions of aquariums.
(3) Matching of private funds that are raised for these purposes.
(c) Disposition of Fees. – All entrance fee
receipts shall be credited to the aquariums' General Fund operating budget.
At the end of each fiscal year, the Secretary may transfer from the North
Carolina aquariums' General Fund operating budget to the North Carolina
Aquariums Fund an amount not to exceed the sum of the following:
(1) One million dollars ($1,000,000).
(2) The amount needed to cover the expenses
described by subdivision (2) of subsection (b) this section. Fund.
Receipts so credited that are necessary to support the personnel and
operational expenses of the aquariums shall be transferred to the aquariums'
General Fund operating budget on a monthly basis.
(d) Approval. – The Secretary may approve
the use of the North Carolina Aquariums Fund for repair and renovation projects
at the aquariums‑related facilities that comply with the following:
(1) The total project cost is less than three
hundred thousand dollars ($300,000).
(2) The project meets the requirements of G.S. 143C‑4‑3(b).
…."
SECTION 89.5.(b) G.S. 143B‑135.209, as recodified and amended by subsection 14.30(p) of S.L. 2015‑241, is rewritten to read:
"§ 143B‑135.209. North Carolina Zoo Fund.
(a) Fund. – The North Carolina Zoo Fund is created as a special fund. The North Carolina Zoo Fund shall be used for the following types of projects at the North Carolina Zoological Park and to match private funds raised for these types of projects:
(1) Repair, renovation, expansion, maintenance, and educational exhibit construction.
(2) Renovations of exhibits in habitat clusters, visitor services facilities, and support facilities (including greenhouses and temporary animal holding areas).
(3) The acquisition, maintenance, or replacement of tram equipment as required to maintain adequate service to the public.
(b) Disposition of Fees. – All fee receipts shall be
credited to the North Carolina Zoological Park's General Fund operating budget.
At the end of each fiscal year, the Secretary may transfer from the North
Carolina Zoological Park's General Fund operating budget to the North Carolina
Zoo Fund an amount not to exceed one million dollars ($1,000,000). All
unbudgeted receipts at the end of each fiscal year shall be deposited into the
North Carolina Zoo Fund.
(c) Approval. – The Secretary may approve
the use of the North Carolina Zoo Fund for repair and renovation projects at
the North Carolina Zoological Park recommended by the Council that comply with
the following:
(1) The total project cost is less than three
hundred thousand dollars ($300,000).
(2) The project meets the requirements of G.S. 143C‑4‑3(b).
…."
SECTION 90. Section 15.13B.(b) of S.L. 2015‑241 reads as rewritten:
"SECTION 15.13B.(b) This section becomes
effective October 1, 2015.2016."
SECTION 90.5. Section 32.14A of S.L. 2015‑241 is rewritten to read:
"SECTION 32.14A.(a) The Revenue Laws Study Committee is directed to study the calculation of the sales factor under G.S. 105‑130.4(l) using market‑based sourcing. To help the Committee determine the effect of market‑based sourcing on State revenues and corporate taxpayers, each corporate taxpayer that satisfies the following requirements with respect to the taxable year beginning in 2014 is required to file an informational report with the Department of Revenue as provided in this section:
(1) The taxpayer had apportionable income greater than ten million dollars ($10,000,000).
(2) The taxpayer had a North Carolina apportionment percentage less than one hundred percent (100%).
(3) The taxpayer was subject to apportionment of income based in whole or in part on the sales factor as determined under G.S. 105‑130.4(l).
SECTION 32.14A.(b) On or before February 1, 2016, the Department of Revenue must publish guidelines for computing the sales factor based on market‑based sourcing. The guidelines required by this subsection are not subject to the provisions of Chapter 150B of the General Statutes with respect to rulemaking. The guidelines published by the Department of Revenue must be based on the following:
(1) Market‑based sourcing of receipts based on the following principles:
a. In the case of sale, rental, lease, or license of real property, if and to the extent the property is located in this State.
b. In the case of rental, lease, or license of tangible personal property, if and to the extent the property is located in this State.
c. In the case of sale of a service, if and to the extent the service is delivered to a location in this State.
d. In the case of intangible property that is rented, leased, or licensed, if and to the extent the property is used in this State. Intangible property utilized in marketing a good or service to a consumer is "used in this State" if that good or service is purchased by a consumer who is in this State.
e. In the case of intangible property that is sold, if and to the extent the property is used in this State. A contract right, government license, or similar intangible property that authorizes the holder to conduct a business activity in a specific geographic area is "used in this State" if the geographic area includes all or part of this State. Receipts from intangible property sales that are contingent on the productivity, use, or disposition of the intangible property shall be treated as receipts from the rental, lease, or licensing of the intangible property as provided under subdivision (4) of this subsection. All other receipts from a sale of intangible property shall be excluded from the numerator and denominator of the sales factor.
(2) The most recent model regulations with respect to market‑based sourcing drafted by the UDITPA Section 17 Work Group convened by the Multistate Tax Commission.
(3) Any other model apportionment regulations and model statutes with respect to the allocation and apportionment of income consistent with those adopted by the Multistate Tax Commission and that are not inconsistent with the principles outlined in subdivision (1) of this subsection.
SECTION 32.14A.(c) The guidelines required by subsection (b) of this section apply to the informational report required by this section only. These guidelines may not be used by the Department of Revenue for any other purpose without further legislative authorization and compliance with the provisions of Chapter 150B of the General Statute with respect to rulemaking.
SECTION 32.14A.(d) The informational report must be in a form required by the Secretary of Revenue and contain the following information:
(1) The apportionment percentage and sales factor used with respect to the corporation's 2014 North Carolina corporate tax return.
(2) The apportionment percentage and sales factor as calculated under subsection (b) of this section with respect to the corporation's 2014 taxable year.
(3) The primary economic sector under NAICS in which the corporation has business activities. The term "NAICS" has the same meaning as defined in G.S. 105‑228.90.
(4) Any other information prescribed by the Secretary.
SECTION 32.14A.(e) The informational report is due by April 15, 2016. A taxpayer may not request an extension of time to file the informational report. The Secretary shall assess a civil penalty of five thousand dollars ($5,000) for failure to timely file an informational report required under this section. The Secretary may reduce or waive the penalty as provided in G.S. 105‑237.
SECTION 32.14A.(f) This section is effective when it becomes law."
SECTION 91.(a) If House Bill 117, 2015 Regular Session, becomes law, Section 1(j) of that act reads as rewritten:
"SECTION 1.(j) Subsections (d) and (h) of this section
are effective when this act becomes law. The remainder of this section becomes
effective July 1,October 1, 2015, and applies to awards made
under Part 2G of Article 10 of Chapter 143B of the General Statutes on or after
that date."
SECTION 91.(b) This section is effective when it becomes law.
SECTION 91.2. If Senate Bill 279, 2015 Regular Session, becomes law the provisions contained in Sections 6, 7(a), 7(b), 7(c), 8(a) and 8(b) of that act apply except as otherwise provided by Federal law or by more specific state law."
SECTION 91.3. If House Bill 540, 2015 Regular Session, becomes law, it is amended by deleting the name "William Franklin "Billy" Graham, Jr." and substituting in its place throughout the bill with the name "William Franklin Graham, II", and, where that name appeared at the end of a sentence, by inserting a period as needed.
SECTION 91.4. Notwithstanding any other provision of law, the pilot program established by the Department of Health and Human Services, Division of Health Service Regulation, to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance shall remain in effect and shall extend to facilities that are authorized to provide services in accordance with Section .1700 of the North Carolina Administrative Code, Residential Treatment Staff Secure for Children or Adolescents, currently owned or operated with the facility currently authorized to waive the requirement set forth in 10A NCAC 27G .1704(c) or any related or subsequent rule or regulation by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services setting minimum overnight staffing requirements. The waiver for these facilities shall remain in effect; however, the Division reserves the right to rescind the waiver if, at the time of the facility's license renewal, there are outstanding deficiencies that have remained uncorrected upon follow‑up surveys that are related to electronic supervision."
SECTION 91.5.(a) Students enrolled in the Halifax County Schools shall be permitted to participate in the residential science, mathematics, engineering, and technology (STEM) enrichment program for traditionally underserved students supported by the sum of one hundred eighty thousand dollars ($180,000) in nonrecurring funds appropriated to the State Board of Education for each fiscal year of the 2015‑2017 fiscal biennium by S.L. 2015‑241.
SECTION 91.5.(b) This section is effective July 1, 2015.
SECTION 91.7. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
PART III. EFFECTIVE DATE
SECTION 92. Except as otherwise provided, this act is effective when it becomes law.