GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 5
HOUSE BILL 92*
Committee
Substitute Favorable 5/8/13
Third Edition Engrossed 5/13/13
Senate Judiciary II Committee Substitute Adopted 6/24/13
Senate Rules and Operations of the Senate Committee Substitute Adopted 7/25/13
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Short Title: GSC Technical Corrections 2013. |
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Sponsors: |
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Referred to: |
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February 13, 2013
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 changes to the general statutes and session laws.
The General Assembly of North Carolina enacts:
Part I. Technical corrections recommended by the general statutes commission
SECTION 1. The title of Article 9 of Chapter 7A of the General Statutes reads as rewritten:
"Article 9.
District Attorneys and Judicial Prosecutorial Districts."
SECTION 2. G.S. 13‑1 reads as rewritten:
"§ 13‑1. Restoration of citizenship.
Any person convicted of a crime, whereby the rights of citizenship are forfeited, shall have such rights automatically restored upon the occurrence of any one of the following conditions:
(1) The unconditional discharge of an inmate, of a
probationer, or of a parolee by the Division of Adult Correction of the
Department of Public Safety; agency of the State having jurisdiction of
that person or of a defendant under a suspended sentence by the court.
(2) The unconditional pardon of the offender.
(3) The satisfaction by the offender of all conditions of a conditional pardon.
(4) With regard to any person convicted of a crime against the United States, the unconditional discharge of such person by the agency of the United States having jurisdiction of such person, the unconditional pardon of such person or the satisfaction by such person of a conditional pardon.
(5) With regard to any person convicted of a crime in another state, the unconditional discharge of such person by the agency of that state having jurisdiction of such person, the unconditional pardon of such person or the satisfaction by such person of a conditional pardon."
SECTION 3.(a) G.S. 14‑17(a) reads as rewritten:
"(a) A murder which shall be perpetrated by means
of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14‑288.21,
poison, lying in wait, imprisonment, starving, torture, or by any other kind of
willful, deliberate, and premeditated killing, or which shall be committed in
the perpetration or attempted perpetration of any arson, rape or a sex offense,
robbery, kidnapping, burglary, or other felony committed or attempted with the
use of a deadly weapon shall be deemed to be murder in the first degree, a
Class A felony, and any person who commits such murder shall be punished with
death or imprisonment in the State's prison for life without parole as the
court shall determine pursuant to G.S. 15A‑2000, except that any
such person who was under 18 years of age at the time of the murder shall be
punished with imprisonment in the State's prison for life without parole.in
accordance with Part 2A of Article 81B of Chapter 15A of the General Statutes."
SECTION 3.(b) G.S. 15A‑1340.17(c) reads as rewritten:
"(c) Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. — The authorized punishment for each class of offense and prior record level is as specified in the chart below. Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offense are indicated by the letters placed vertically on the left side of the chart. Each cell on the chart contains the following components:
(1) A sentence disposition or dispositions: "C" indicates that a community punishment is authorized; "I" indicates that an intermediate punishment is authorized; "A" indicates that an active punishment is authorized; and "Life Imprisonment Without Parole" indicates that the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(2) A presumptive range of minimum durations, if the sentence of imprisonment is neither aggravated or mitigated; any minimum term of imprisonment in that range is permitted unless the court finds pursuant to G.S. 15A‑1340.16 that an aggravated or mitigated sentence is appropriate. The presumptive range is the middle of the three ranges in the cell.
(3) A mitigated range of minimum durations if the court finds pursuant to G.S. 15A‑1340.16 that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the mitigated range is permitted. The mitigated range is the lower of the three ranges in the cell.
(4) An aggravated range of minimum durations if the court finds pursuant to G.S. 15A‑1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the aggravated range is permitted. The aggravated range is the higher of the three ranges in the cell.
PRIOR RECORD LEVEL
I II III IV V VI
0‑1 Pt 2‑5 Pts 6‑9 Pts 10‑13 Pts 14‑17 Pts 18+ Pts
A Life Imprisonment Without Parole or Death With
Parole or Without Parole, or Death, as Established by Statute
A A A A A A DISPOSITION
240‑300 276‑345 317‑397 365‑456 Life Imprisonment Aggravated
Without Parole
B1 192‑240 221‑276 254‑317 292‑365 336‑420 386‑483 PRESUMPTIVE
144‑192 166‑221 190‑254 219‑292 252‑336 290‑386 Mitigated
A A A A A A DISPOSITION
157‑196 180‑225 207‑258 238‑297 273‑342 314‑393 Aggravated
B2 125‑157 144‑180 165‑207 190‑238 219‑273 251‑314 PRESUMPTIVE
94‑125 108‑144 124‑165 143‑190 164‑219 189‑251 Mitigated
A A A A A A DISPOSITION
73‑92 83‑104 96‑120 110‑138 127‑159 146‑182 Aggravated
C 58‑73 67‑83 77‑96 88‑110 101‑127 117‑146 PRESUMPTIVE
44‑58 50‑67 58‑77 66‑88 76‑101 87‑117 Mitigated
A A A A A A DISPOSITION
64‑80 73‑92 84‑105 97‑121 111‑139 128‑160 Aggravated
D 51‑64 59‑73 67‑84 78‑97 89‑111 103‑128 PRESUMPTIVE
38‑51 44‑59 51‑67 58‑78 67‑89 77‑103 Mitigated
I/A I/A A A A A DISPOSITION
25‑31 29‑36 33‑41 38‑48 44‑55 50‑63 Aggravated
E 20‑25 23‑29 26‑33 30‑38 35‑44 40‑50 PRESUMPTIVE
15‑20 17‑23 20‑26 23‑30 26‑35 30‑40 Mitigated
I/A I/A I/A A A A DISPOSITION
16‑20 19‑23 21‑27 25‑31 28‑36 33‑41 Aggravated
F 13‑16 15‑19 17‑21 20‑25 23‑28 26‑33 PRESUMPTIVE
10‑13 11‑15 13‑17 15‑20 17‑23 20‑26 Mitigated
I/A I/A I/A I/A A A DISPOSITION
13‑16 14‑18 17‑21 19‑24 22‑27 25‑31 Aggravated
G 10‑13 12‑14 13‑17 15‑19 17‑22 20‑25 PRESUMPTIVE
8‑10 9‑12 10‑13 11‑15 13‑17 15‑20 Mitigated
C/I/A I/A I/A I/A I/A A DISPOSITION
6‑8 8‑10 10‑12 11‑14 15‑19 20‑25 Aggravated
H 5‑6 6‑8 8‑10 9‑11 12‑15 16‑20 PRESUMPTIVE
4‑5 4‑6 6‑8 7‑9 9‑12 12‑16 Mitigated
C C/I I I/A I/A I/A DISPOSITION
6‑8 6‑8 6‑8 8‑10 9‑11 10‑12 Aggravated
I 4‑6 4‑6 5‑6 6‑8 7‑9 8‑10 PRESUMPTIVE
3‑4 3‑4 4‑5 4‑6 5‑7 6‑8 Mitigated"
SECTION 4. G.S. 15A‑145.5 reads as rewritten:
"§ 15A‑145.5. Expunction of certain misdemeanors and felonies; no age limitation.
(a) For purposes of this section, the term "nonviolent misdemeanor" or "nonviolent felony" means any misdemeanor or felony except the following:
(1) A Class A through G felony or a Class A1 misdemeanor.
(2) An offense that includes assault as an essential element of the offense.
(3) An offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register.
(4) Any of the following sex‑related or stalking offenses: G.S. 14‑27.7A(b), 14‑190.7, 14‑190.8, 14‑190.9, 14‑202, 14‑208.11A, 14‑208.18, 14‑277.3, 14‑277.3A, 14‑321.1.
(5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine.
(6) An offense under G.S. 14‑12.12(b), 14‑12.13, or 14‑12.14, or any offense for which punishment was determined pursuant to G.S. 14‑3(c).
(7) An offense under G.S. 14‑401.16.
(8) Any felony offense in which a commercial motor vehicle was used in the commission of the offense.
…
(c) A person may file a petition, in the court where
the person was convicted, for expunction of a nonviolent misdemeanor or
nonviolent felony conviction from the person's criminal record if the person
has no other misdemeanor or felony convictions, other than a traffic violation,
and was convicted of a nonviolent misdemeanor or nonviolent felony that is
eligible pursuant to subsection (b) of this section. violation. The
petition shall not be filed earlier than 15 years after the date of the
conviction or when any active sentence, period of probation, and post‑release
supervision has been served, whichever occurs later. The petition shall
contain, but not be limited to, the following:
(1) An affidavit by the petitioner that the petitioner has been of good moral character since the date of conviction for the nonviolent misdemeanor or nonviolent felony and has not been convicted of any other felony or misdemeanor, other than a traffic violation, under the laws of the United States or the laws of this State or any other state.
(2) Verified affidavits of two persons who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which the petitioner lives and that the petitioner's character and reputation are good.
(3) A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted.
(4) An application on a form approved by the Administrative Office of the Courts requesting and authorizing a name‑based State and national criminal history record check by the Department of Justice using any information required by the Administrative Office of the Courts to identify the individual, a search by the Department of Justice for any outstanding warrants on pending criminal cases, and a search of the confidential record of expunctions maintained by the Administrative Office of the Courts. The application shall be forwarded to the Department of Justice and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.
(5) An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner are outstanding.
Upon filing of the petition, the petition shall be served upon the district attorney of the court wherein the case was tried resulting in conviction. The district attorney shall have 30 days thereafter in which to file any objection thereto and shall be duly notified as to the date of the hearing of the petition. Upon good cause shown, the court may grant the district attorney an additional 30 days to file objection to the petition. The district attorney shall make his or her best efforts to contact the victim, if any, to notify the victim of the request for expunction prior to the date of the hearing.
The presiding judge is authorized to call upon a probation officer for any additional investigation or verification of the petitioner's conduct since the conviction. The court shall review any other information the court deems relevant, including, but not limited to, affidavits or other testimony provided by law enforcement officers, district attorneys, and victims of crimes committed by the petitioner.
If the court, after hearing, finds that the petitioner has not previously been granted an expunction under this section, G.S. 15A‑145, 15A‑145.1, 15A‑145.2, 15A‑145.3, or 15A‑145.4; the petitioner has remained of good moral character; the petitioner has no outstanding warrants or pending criminal cases; the petitioner has no other felony or misdemeanor convictions other than a traffic violation; the petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner; and the petitioner was convicted of an offense eligible for expunction under this section and was convicted of, and completed any sentence received for, the nonviolent misdemeanor or nonviolent felony at least 15 years prior to the filing of the petition, it may order that such person be restored, in the contemplation of the law, to the status the person occupied before such arrest or indictment or information. If the court denies the petition, the order shall include a finding as to the reason for the denial.
…."
SECTION 4.1. G.S. 19A‑2, as amended by S.L. 2013‑3, reads as rewritten:
"§ 19A‑2. Purpose.
It shall be the purpose of this Article to provide a civil
remedy for the protection and humane treatment of animals in addition to any
criminal remedies that are available and it shall be proper in any action to
combine causes of action against one or more defendants for the protection of
one or more animals. A real party in interest as plaintiff shall be held to
include any person even though the person does not have a possessory or
ownership right in an animal; a real party in interest as defendant shall
include any person who owns or has possession of an animal. Venue for any
action filed under this Chapter Article shall only be in the
county in superior court where any violation is alleged to have
occurred."
SECTION 4.2. G.S. 20‑171.19(a) reads as rewritten:
"(a) No person shall operate an all‑terrain vehicle on a public street or highway or public vehicular area when such operation is otherwise permitted by law, unless the person wears eye protection and a safety helmet meeting United States Department of Transportation standards for motorcycle helmets."
SECTION 5. 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 defined described in
G.S. 20‑79.4(b)(63). G.S. 20‑79.4(b)(88).
(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 6. G.S. 28A‑2‑6(e) reads as rewritten:
"(e) Rules of Civil Procedure. – Unless the clerk
of superior court otherwise directs, Rules 4.5, Rules 4, 5, 6(a),
6(d), 6(e), 18, 19, 20, 21, 24, 45, 56, and 65 of G.S. 1A‑1, the
Rules of Civil Procedure, shall apply to estate proceedings. Upon motion of a
party or the clerk of superior court, the clerk may further direct that any or
all of the remaining Rules of Civil Procedure shall apply, including, without
limitation, discovery rules; however, nothing in Rule 17 requires the
appointment of a guardian ad litem for a party represented except as provided
in G.S. 28A‑2‑7. In applying these Rules to an estate proceeding
pending before the clerk of superior court, the term "judge" shall
mean "clerk of superior court.""
SECTION 6.1. G.S. 62‑333 reads as rewritten:
"§ 62‑333. Screening employment applications.
The Chief Personnel Officer or his designee Officer,
or that person's designee, of any public utility franchised to do business
in North Carolina shall be permitted to obtain from the State Bureau of
Investigation a confidential copy of criminal history record information for
screening an applicant for employment with or an employee of a utility or
utility contractor where the employment or job to be performed falls within a
class or category of positions certified by the North Carolina Utilities
Commission as permitting or requiring access to nuclear power facilities or
access to or control over nuclear material.
The State Bureau of Investigation shall charge a reasonable
fee to defray the administrative costs of providing criminal history record
information for purposes of employment application screening. The State Bureau
of Investigation is authorized to retain fees charged pursuant to this section
and to expend those fees in accordance with the Executive Budget Act State
Budget Act for the purpose of discharging its duties under this section."
SECTION 7.(a) G.S. 74‑54(b) reads as rewritten:
"(b) The applicant shall have the option of filing
a separate bond for each operating permit or of filing a blanket bond covering
all mining operations within the State for which the applicant holds a permit.
The amount of each bond shall be based upon the area of affected land to be
reclaimed under the approved reclamation plan or plans to which the bond
pertains, less any area where reclamation has been completed and released from
coverage by the Department, pursuant to G.S. 74‑56, or based on any
other criteria established by the North Carolina Mining and Energy Commission.
The Department shall set the amount of the required bond in all cases, based
upon a schedule established by the North Carolina Mining and Energy Commission."
SECTION 7.(b) G.S. 74‑54.1(c) reads as rewritten:
"(c) The Department shall annually report on or
before 1 September September 1 to the Environmental Review
Commission, the Fiscal Research Division, and the North Carolina Mining and
Energy Commission on the cost of implementing this Article. The report
shall include the fees established, collected, and disbursed under this section
and any other information requested by the General Assembly or the Commission."
SECTION 7.(c) G.S. 74‑67 reads as rewritten:
"§ 74‑67. Exemptions.
The provisions of this Article shall not apply to those
activities of the Department of Transportation, nor of any person, firm, or
corporation acting under contract with said the Department of
Transportation, on highway rights‑of‑way or borrow pits maintained
solely in connection with the construction, repair, and maintenance of the
public road systems of North Carolina; provided, that this exemption shall not
become effective until the Department of Transportation shall have adopted
reclamation standards applying to such activities and such standards have been
approved by the North Carolina Mining and Energy Commission. The
provisions of this Article shall not apply to mining on federal lands under a
valid permit from the U.S. Forest Service or the U.S. Bureau of Land
Management."
SECTION 8. G.S. 90B‑3 reads as rewritten:
"§ 90B‑3. Definitions.
The following definitions apply in this Chapter:
(1) Board. – The North Carolina Social Work Certification and Licensure Board.
(2) Licensed Clinical Social Worker. – A
person who is competent to function independently, who holds himself or herself
out to the public as a social worker, and who offers or provides clinical
social work services or supervises others engaging in clinical social work
practice.
(3) Certified Master Social Worker. – A person who is certified under this Chapter to practice social work as a master social worker and is engaged in the practice of social work.
(4) Certified Social Work Manager. – A person who is certified under this Chapter to practice social work as a social work manager and is engaged in the practice of social work.
(5) Certified Social Worker. – A person who is certified under this Chapter to practice social work as a social worker and is engaged in the practice of social work.
(6) Clinical Social Work Practice. – The professional application of social work theory and methods to the biopsychosocial diagnosis, treatment, or prevention, of emotional and mental disorders. Practice includes, by whatever means of communications, the treatment of individuals, couples, families, and groups, including the use of psychotherapy and referrals to and collaboration with other health professionals when appropriate. Clinical social work practice shall not include the provision of supportive daily living services to persons with severe and persistent mental illness as defined in G.S. 122C‑3(33a).
(6a) Licensed Clinical Social Worker. – A person who is competent to function independently, who holds himself or herself out to the public as a social worker, and who offers or provides clinical social work services or supervises others engaging in clinical social work practice.
(6b) Licensed Clinical Social Worker Associate. – A person issued an associate license to provide clinical social work services pursuant to G.S. 90B‑7(f).
(7) Practice of Social Work. – To perform or offer to perform services, by whatever means of communications, for other people that involve the application of social work values, principles, and techniques in areas such as social work services, consultation and administration, and social work planning and research.
(8) Social Worker. – A person certified, licensed, or associate licensed by this Chapter or otherwise exempt under G.S. 90B‑10."
SECTION 9. G.S. 115D‑12 reads as rewritten:
"§ 115D‑12. Each institution to have board of trustees; selection of trustees.
(a) Each community college established or operated pursuant to this Chapter shall be governed by a board of trustees consisting of 13 members, or of additional members if selected according to the special procedure prescribed by the third paragraph of this subsection, who shall be selected by the following agencies. No member of the General Assembly may be appointed to a local board of trustees for a community college.
Group One – four trustees, elected by the board of education of the public school administrative unit located in the administrative area of the institution. If there are two or more public school administrative units, whether city or county units, or both, located within the administrative area, the trustees shall be elected jointly by all of the boards of education of those units, each board having one vote in the election of each trustee, except as provided in G.S. 115D‑59. No board of education shall elect a member of the board of education or any person employed by the board of education to serve as a trustee, however, any such person currently serving on a board of trustees shall be permitted to fulfill the unexpired portion of the trustee's current term.
Group Two – four trustees, elected by the board of commissioners of the county in which the institution is located. Provided, however, if the administrative area of the institution is composed of two or more counties, the trustees shall be elected jointly by the boards of commissioners of all those counties, each board having one vote in the election of each trustee. Provided, also, the county commissioners of the county in which the community college has established a satellite campus may elect an additional two members if the board of trustees of the community college agrees. No more than one trustee from Group Two may be a member of a 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 G.S. 115Dthis Chapter shall be an ex
officio nonvoting member of the board of trustees of each said institution.
(b) All trustees shall be residents of the
administrative area of the institution for which they are selected or of
counties contiguous thereto with the exception of members provided for in G.S. 115D‑12(a),
Group Four.subsection (a) of this section, Group Four.
(b1) No person who has been employed full time by the community college within the prior 5 years and no spouse or child of a person currently employed full time by the community college shall serve on the board of trustees of that college.
(c) Vacancies occurring in any group for whatever reason shall be filled for the remainder of the unexpired term by the agency or agencies authorized to select trustees of that group and in the manner in which regular selections are made. Should the selection of a trustee not be made by the agency or agencies having the authority to do so within 60 days after the date on which a vacancy occurs, whether by creation or expiration of a term or for any other reason, the Governor shall fill the vacancy by appointment for the remainder of the unexpired term."
SECTION 9.1. G.S. 116‑201(b)(1) reads as rewritten:
"(1) "Article" or "this Article"
means this article 23 Article 23 of Chapter 116 of the General
Statutes of North Carolina, presently comprising G.S. 116‑201
through 116‑209.24;Carolina;"
SECTION 10. G.S. 120‑12.1 reads as rewritten:
"§ 120‑12.1.
Reports on vacant positions in the Judicial Department and three two other
departments.
The Judicial Department, the Department of Justice, and the Department of Public Safety shall each report by February 1 of each year to the Chairs of the House and Senate Appropriations Committees and the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety on all positions within that department that have remained vacant for 12 months or more. The report shall include the original position vacancy dates, the dates of any postings or repostings of the positions, and an explanation for the length of the vacancies."
SECTION 11. G.S. 122C‑22(a) reads as rewritten:
"(a) The All of the following are
excluded from the provisions of this Article and are not required to obtain
licensure under this Article:
(1) Physicians and psychologists engaged in private
office practice;practice.
(2) General hospitals licensed under Article 5 of
Chapter 131E of the General Statutes, that operate special units for the
mentally ill, developmentally disabled, or substance abusers;abusers.
(3) State and federally operated facilities;facilities.
(4) Adult care homes licensed under Chapter 131D of the
General Statutes;Statutes.
(5) Developmental child care centers licensed under
Article 7 of Chapter 110 of the General Statutes;Statutes.
(6) Persons subject to licensure under rules of the
Social Services Commission;Commission.
(7) Persons subject to rules and regulations of the
Division of Vocational Rehabilitation Services;Services.
(8) Facilities that provide occasional respite care for
not more than two individuals at a time; provided that the primary purpose of
the facility is other than as defined in G.S. 122C‑3(14);G.S. 122C‑3(14).
(9) Twenty‑four‑hour nonprofit facilities
established for the purposes of shelter care and recovery from alcohol or other
drug addiction through a 12‑step, self‑help, peer role modeling,
and self‑governance approach;approach.
(10) Inpatient chemical dependency or substance abuse
facilities that provide services exclusively to inmates of the Division of
Adult Correction of the Department of Public Safety, as described in G.S. 148‑19.1;
andG.S. 148‑19.1.
(11) A charitable, nonprofit, faith‑based, adult
residential treatment facility that does not receive any federal or State
funding and is a religious organization exempt from federal income tax under
section 501(a) of the Internal Revenue Code; [and]Code.
(12) A home in which up to three adults, two or more having a disability, co‑own or co‑rent a home in which the persons with disabilities are receiving three or more hours of day services in the home or up to 24 hours of residential services in the home. The individuals who have disabilities cannot be required to move if the individuals change services, change service providers, or discontinue services."
SECTION 12. G.S. 136‑89.210(1) reads as rewritten:
"(1) Reserved."
SECTION 12.1. The catchline of G.S. 143B‑721 reads as rewritten:
"§ 143B‑721.
Post‑Release Supervision and Parole Commission – members; selection;
removal; chairman; chair; compensation; quorum; services."
SECTION 13. G.S. 143B‑1100(a) reads as rewritten:
"(a) There is hereby created the Governor's Crime
Commission of the Department of Public Safety. The Commission shall consist of 3637
voting members and six five nonvoting members. The composition of
the Commission shall be as follows:
(1) The voting members shall be:
a. The Governor, the Chief Justice of the Supreme Court of North Carolina (or the Chief Justice's designee), the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety (or the Secretary's designee), and the Superintendent of Public Instruction;
b. A judge of superior court, a judge of district court specializing in juvenile matters, a chief district court judge, a clerk of superior court, and a district attorney;
c. A defense attorney, three sheriffs (one of whom shall be from a "high crime area"), three police executives (one of whom shall be from a "high crime area"), eight citizens (two with knowledge of juvenile delinquency and the public school system, two of whom shall be under the age of 21 at the time of their appointment, one advocate for victims of all crimes, one representative from a domestic violence or sexual assault program, one representative of a "private juvenile delinquency program," and one in the discretion of the Governor), three county commissioners or county officials, and three mayors or municipal officials;
d. Two members of the North Carolina House of Representatives and two members of the North Carolina Senate.
(2) The nonvoting members shall be the Director of the State Bureau of Investigation, the Deputy Director of the Division of Juvenile Justice of the Department of Public Safety who is responsible for Intervention/Prevention programs, the Deputy Director of the Division of Juvenile Justice of the Department of Public Safety who is responsible for Youth Development programs, the Section Chief of the Section of Prisons of the Division of Adult Correction and the Section Chief of the Section of Community Corrections of the Division of Adult Correction."
SECTION 14.(a) G.S. 163‑82.12 reads as rewritten:
"§ 163‑82.12. Promulgation of guidelines relating to computerized voter registration.
The State Board of Elections shall make all guidelines necessary to administer the statewide voter registration system established by this Article. All county boards of elections shall follow these guidelines and cooperate with the State Board of Elections in implementing guidelines. These guidelines shall include provisions for all of the following:
…
(8b) Notifying voter‑registration applicants whose
drivers license or last four digits of social security number does not result
in a validation, attempting to resolve the discrepancy, initiating
investigations under G.S. 163‑33(3) or challenges under Article 8 of
this Chapter where warranted, and notifying any voters of the requirement under
G.S. 163‑166.2(b2) G.S. 163‑166.12(b2) to
present identification when voting.
…."
SECTION 14.(b) G.S. 163‑166.12 reads as rewritten:
"§ 163‑166.12. Requirements for certain voters who register by mail.
(a) Voting in Person. – An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, shall present to a local election official at a voting place before voting there one of the following:
(1) A current and valid photo identification.
(2) A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(b) Voting Mail‑In Absentee. – An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, in order to cast a mail‑in absentee vote, shall submit with the mailed‑in absentee ballot one of the following:
(1) A copy of a current and valid photo identification.
(2) A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(b1) Notation of Identification Proof. – The county board of elections shall note the type of identification proof submitted by the voter under the provisions of subsection (a) or (b) of this section and may dispose of the tendered copy of identification proof as soon as the type of proof is noted in the voter registration records.
(b2) Voting When Identification Numbers Do Not Match. – Regardless of whether an individual has registered by mail or by another method, if the individual has provided with the registration form a drivers license number or last four digits of a Social Security number but the computer validation of the number as required by G.S. 163‑82.12 did not result in a match, and the number has not been otherwise validated by the board of elections, in the first election in which the individual votes that individual shall submit with the ballot the form of identification described in subsection (a) or subsection (b) of this section, depending upon whether the ballot is voted in person or absentee. If that identification is provided and the board of elections does not determine that the individual is otherwise ineligible to vote a ballot, the failure of identification numbers to match shall not prevent that individual from registering to vote and having that individual's vote counted. If the individual registers and votes under G.S. 163‑82.6A, the identification documents required in that section, rather than those described in subsection (a) or (b) of this section, apply.
(c) The Right to Vote Provisionally. – If an individual is required under subsection (a), (b), or (b2) of this section to present identification in order to vote, but that individual does not present the required identification, that individual may vote a provisional official ballot. If the voter is at the voting place, the voter may vote provisionally there without unnecessary delay. If the voter is voting by mail‑in absentee ballot, the mailed ballot without the required identification shall be treated as a provisional official ballot.
(d) Exemptions. – This section does not apply to any of the following:
(1) An individual who registers by mail and submits as part of the registration application either of the following:
a. A copy of a current and valid photo identification.
b. A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(2) An individual who registers by mail and submits as part of the registration application the individual's drivers license number or at least the last four digits of the individual's social security number where an election official matches either or both of the numbers submitted with an existing State identification record bearing the same number, name, and date of birth contained in the submitted registration. If any individual's number does not match, the individual shall provide identification as required in subsection (b2) of this section in the first election in which the individual votes.
(3) An individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act.
(4) An individual who is entitled to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act.
(5) An individual who is entitled to vote otherwise than in person under any other federal law."
SECTION 15. The introductory language of Section 5 of S.L. 2012‑11 reads as rewritten:
"SECTION 5. G.S. 160A‑60(a) G.S. 160A‑58.60(a)
reads as rewritten:"
SECTION 16. The introductory language of Section 2(b) of S.L. 2012‑120 reads as rewritten:
"SECTION 2.(b) G.S. 140‑3.15(g) G.S. 140‑5.13(g)
reads as rewritten:"
SECTION 16.1. Section 1(b) of S.L. 2013‑1 reads as rewritten:
"SECTION 1.(b) The State Board of Education shall make high school diploma endorsements, as provided under this section, available to students graduating from high school beginning with the 2014‑2015 school year. The State Board of Education shall report to the Joint Legislative Education Oversight Committee on the progress toward establishing specific college and career endorsements for high school diplomas and for awarding these endorsements by February 1, 2014. The State Board of Education shall submit the report on the impact of awarding the high school endorsements on high school graduation, college acceptance and remediation, and post‑high school employment rates by September 1, 2016, and annually thereafter."
SECTION 16.2. The introductory language of Section 2 of S.L. 2013‑26 reads as rewritten:
"SECTION 2. Article II of Chapter 5 of the
Charter of the City of Charlotte Charlotte, being S.L. 2000‑26,
is amended by adding the following new section:"
SECTION 16.3. The introductory language of Section 3 of S.L. 2013‑55 reads as rewritten:
"SECTION 3. G.S. 47‑29 G.S. 47‑29.1
is amended by adding a new subsection to read:"
part II. Other Technical amendments
SECTION 17.(a) G.S. 15‑11.2(f), as amended by Section 2 of S.L. 2013‑158, reads as rewritten:
"(f) Disbursement of Proceeds of Sale. – If the
law enforcement agency sells the firearm pursuant to subdivision (2) of subsection
(e) subsection (d) of this section, then the proceeds of the sale
shall be retained by the law enforcement agency and used for law enforcement
purposes. The receiving law enforcement agency shall maintain a record and
inventory of all firearms received pursuant to this section, as well as the
disposition of the firearm, including any funds received from a sale of a
firearm or any firearms or other property received in exchange or trade of a
firearm."
SECTION 17.(b) This section becomes effective September 1, 2013.
SECTION 18.(a) G.S. 20‑28.2(a1)(2), as amended by Section 1 of S.L. 2013‑243, reads as rewritten:
"(2) Innocent Owner. – A motor vehicle owner:
…
e. Who is (i) a rental car company as defined in G.S. 66‑201(a),
G.S. 66‑201(a) and the vehicle was driven by a person who
is not listed as an authorized driver on the rental agreement,
agreement as defined in G.S. 66‑201; or (ii) is a
rental car company as defined in G.S. 66‑201(a) and the vehicle was
driven by a person who is listed as an authorized driver on the rental
agreement as defined in G.S. 66‑201 and if the offense resulting
in seizure was an impaired driving offense, the rental car company has no
actual knowledge of the revocation of the renter's drivers' license at the time
the rental agreement is entered, or if the offense resulting in seizure was a
felony speeding to elude arrest offense, the rental agreement expressly
prohibits use of the vehicle while committing a felony; or
…."
SECTION 18.(b) This section becomes effective December 1, 2013.
SECTION 19. G.S. 97‑29(g) reads as rewritten:
"(g) The weekly compensation payment for members
of the North Carolina National Guard and the North Carolina State Defense
Militia shall be the maximum amount established annually in accordance with the
last paragraph subsection (i) of this section per week as fixed
herein. The weekly compensation payment for deputy sheriffs, or those acting in
the capacity of deputy sheriffs, who serve upon a fee basis, shall be thirty
dollars ($30.00) a week as fixed herein."
SECTION 20.(a) G.S. 115C‑296(b)(1)c., as amended by Section 5(b) and (c) of S.L. 2013‑226, reads as rewritten:
"c. The State Board of Education, in consultation
with local boards of education and the Board of Governors of The University of
North Carolina, shall (i) reevaluate and enhance the requirements for renewal
of teacher licenses licenses, (ii) consider modifications in the
license renewal achievement and to make it a mechanism for teachers to renew
continually their knowledge and professional skills, and (iii) integrate
digital teaching and learning into the requirements for licensure renewal."
SECTION 20.(b) This section becomes effective July 1, 2017, and applies beginning with the 2017‑2018 school year.
SECTION 21. G.S. 115C‑366(a3) reads as rewritten:
"(a3) A student who is not a domiciliary of a local school administrative unit may attend, without the payment of tuition, the public schools of that unit if all of the following apply:
(1) The student resides with an adult, who is a domiciliary of that unit, as a result of any one of the following:
a. The death, serious illness, or incarceration of a
parent or legal guardian,guardian.
b. The abandonment by a parent or legal guardian of
the complete control of the student as evidenced by the failure to provide
substantial financial support and parental guidance,guidance.
c. Abuse or neglect by the parent or legal guardian,guardian.
d. The physical or mental condition of the parent or
legal guardian is such that he or she cannot provide adequate care and
supervision of the student,student.
e. The relinquishment of physical custody and control
of the student by the student's parent or legal guardian upon the
recommendation of the department of social services or the Division of Mental Health,Health.
f. The loss or uninhabitability of the student's home
as the result of a natural disaster, ordisaster.
g. The parent or legal guardian is one of the following:
(1)1. On active military duty and is
deployed out of the local school administrative unit in which the student resides;resides.
For purposes of this sub‑sub‑subdivision, the term "active
duty" does not include periods of active duty for training for less than
30 days.
(2)2. A member or veteran of the uniformed
services who is severely injured and medically discharged or retired, but only
for a period of one year after the medical discharge or retirement of the
parent or guardian; orguardian.
(3)3. A member of the uniformed services who
dies on active duty or as a result of injuries sustained on active duty, but
only for a period of one year after death. For purposes of this sub‑sub‑subdivision,
the term "active duty" is as defined in G.S. 115C‑407.5
For purposes of this sub‑subdivision, the
term "active duty" does not include periods of active duty for
training for less than 30 days. Assignment under this sub‑subdivision
is only available if some evidence of the deployment deployment,
medical discharge, retirement, or death is tendered with the affidavits
required under subdivision (3) of this subsection.
(2) The student is:
a. Not currently under a term of suspension or expulsion from a school for conduct that could have led to a suspension or an expulsion from the local school administrative unit, or
b. Currently under a term of suspension or expulsion from a school for conduct that could have led to a suspension or an expulsion from the local school administrative unit and is identified as eligible for special education and related services under the Individuals with Disabilities Education Improvement Act, 20 U.S.C. § 1400, et seq., (2004). Assignment under this sub‑subdivision is available only if evidence of current eligibility is tendered with the affidavit required under subdivision (3) of this subsection.
(3) The caregiver adult and the student's parent,
guardian, or legal custodian have each completed and signed separate affidavits
that:that do all of the following:
a. Confirm the qualifications set out in this
subsection establishing the student's residency,residency.
b. Attest that the student's claim of residency in the
unit is not primarily related to attendance at a particular school within the unit,
andunit.
c. Attest that the caregiver adult has been given and accepts responsibility for educational decisions for the student.
If the student's parent, guardian, or legal custodian is unable, refuses, or is otherwise unavailable to sign the affidavit, then the caregiver adult shall attest to that fact in the affidavit. If the student is a minor, the caregiver adult must make educational decisions concerning the student and has the same legal authority and responsibility regarding the student as a parent or legal custodian would have even if the parent, guardian, or legal custodian does not sign the affidavit. The minor student's parent, legal guardian, or legal custodian retains liability for the student's acts.
Upon receipt of both affidavits or an affidavit from the caregiver adult that includes an attestation that the student's parent, guardian, or legal custodian is unable, refuses, or is otherwise unavailable to sign an affidavit, the local board shall admit and assign as soon as practicable the student to an appropriate school, as determined under the local board's school assignment policy, pending the results of any further procedures for verifying eligibility for attendance and assignment within the local school administrative unit.
If it is found that the information contained in either or both affidavits is false, then the local board may, unless the student is otherwise eligible for school attendance under other laws or local board policy, remove the student from school. If a student is removed from school, the board shall provide an opportunity to appeal the removal under the appropriate policy of the local board and shall notify any person who signed the affidavit of this opportunity. If it is found that a person willfully and knowingly provided false information in the affidavit, the maker of the affidavit shall be guilty of a Class 1 misdemeanor and shall pay to the local board an amount equal to the cost of educating the student during the period of enrollment. Repayment shall not include State funds.
Affidavits shall include, in large print, the penalty, including repayment of the cost of educating the student, for providing false information in an affidavit."
SECTION 22. G.S. 116E‑4(c), as amended by Section 5 of S.L. 2013‑80, reads as rewritten:
"(c) The Board shall report quarterly to the Joint Legislative Education Oversight Committee, the Joint Legislative Commission on Governmental Operations, and the Joint Legislative Oversight Committee on Information Technology beginning September 30, 2013. The report shall include the following:
(1) An update on the implementation of the System's activities.
(2) Any proposed or planned expansion of System data.
(3) Any other recommendations made by the Board, including the most effective and efficient configuration for the System."
SECTION 23. G.S. 122C‑115(a) reads as rewritten:
"(a) A county shall provide mental health,
developmental disabilities, and substance abuse services in accordance with
rules, policies, and guidelines adopted pursuant to statewide restructuring of
the management responsibilities for the delivery of services for individuals
with mental illness, intellectual or other developmental disabilities, and
substance abuse disorders under a 1915(b)/(c) Medicaid Waiver through an area
authority. Beginning July 1, 2012, the catchment area of an area authority
shall contain a minimum population of at least 300,000. Beginning July 1, 2013,
the catchment area of an area authority shall contain a minimum population of
at least 500,000. To the extent this section conflicts with G.S. 153A‑77(a)
G.S. 153A‑77 or G.S. 122C‑115.1, the provisions of
this section control."
SECTION 24. G.S. 147‑33.81(1), as enacted by Section 1(b) of S.L. 2013‑333, reads as rewritten:
"(1) "Cooperative purchasing agreement"
means an agreement between a vendor and one or more states or state agencies
providing that the parties may collaboratively or collectively purchase
information technology goods and services in order to increase economicseconomies
of scale and reduce costs."
SECTION 25.(a) The introductory language of G.S. 160A‑388(b1), as enacted by Section 1 of S.L. 2013‑126, reads as rewritten:
"(b1) Appeals. – The board of adjustment shall hear and decide appeals from decisions of administrative officials charged with enforcement of the zoning or unified development ordinance and may hear appeals arising out of any other ordinance that regulates land use or development, pursuant to all of the following:"
SECTION 25.(b) This section becomes effective October 1, 2013.
SECTION 26. The Revisor of Statutes shall replace the term "cash converter" with "currency converter" wherever it appears in the General Statutes.
SECTION 27. Effective October 1, 2013, Section 28 of S.L. 2013‑129 is repealed.
SECTION 27.5. If Senate Bill 558, 2013 Regular Session, becomes law, Section 1(e) of S.L. 2013‑284 is repealed.
SECTION 27.7. If House Bill 14, 2013 Regular Session, becomes law, then Section 2 of S.L. 2007‑112, as amended by Section 40 of S.L. 2007‑484, Section 1 of S.L. 2013‑223, and Section 60(f) of House Bill 14, reads as rewritten:
"SECTION 2. Occupancy Tax. – (a) Authorization
and Scope. – The Carteret County Board of Commissioners may levy a room
occupancy and tourism development tax of five percent (5%) of the gross
receipts derived from the rental of any room, lodging, or similar accommodation
furnished by any hotel, motel, inn, tourist camp, condominium, cottage,
campground, rental agency, or other similar place within the county that is
subject to sales tax imposed by the State under G.S. 105‑164.4(a)(3).
This tax is in addition to any State or local sales tax. This tax does not
apply to accommodations furnished by nonprofit charitable, educational, or
religious organizations when furnished in furtherance of their nonprofit
purpose."
Part III. Other Changes
SECTION 27.8. G.S. 14‑118.6(b) reads as rewritten:
"§ 14‑118.6. Filing false lien or encumbrance.
…
(b) In the case of a lien or encumbrance presented to
the register of deeds for filing, if the register of deeds has a reasonable
suspicion that the lien or encumbrance is false, the register of deeds may
refuse to file the lien or encumbrance. Neither the register of deeds nor any
other entity shall be liable for filing or refusing to file a lien or
encumbrance under this section. If the filing of the lien or encumbrance is
denied, the register of deeds shall allow the filing of a Notice of Denied Lien
or Encumbrance Filing on a form adopted by the Secretary of State.State,
for which no filing fee shall be collected. The Notice of Denied Lien or
Encumbrance Filing shall not itself constitute a lien or encumbrance. If the
filing of the lien or encumbrance is denied, any interested person may file a
special proceeding in the county where the filing was denied within ten (10)
business days of the filing of the Notice of Denied Lien or Encumbrance Filing
asking the court to find that the proposed filing has a statutory or
contractual basis and to order that the document be filed. If, after hearing,
upon a minimum of five (5) days' notice and opportunity to be heard to all
interested persons and all persons claiming an ownership interest in the
property, the court finds that there is a statutory or contractual basis for
the proposed filing, the court shall order the document filed. A lien or
encumbrance filed upon order of the court under this subsection shall have a
priority interest as of the time of the filing of the Notice of Denied Lien or
Encumbrance Filing. If the court finds that there is no statutory or
contractual basis for the proposed filing, the court shall order that the
proposed filing is null and void and that it shall not be filed, indexed, or
recorded and a copy of that order shall be filed by the register of deeds that
originally denied the filing. The review by the judge under this subsection shall
not be deemed a finding as to any underlying claim of the parties involved. If
a special proceeding is not filed under this subsection within ten (10)
business days of the filing of the Notice of Denied Lien or Encumbrance Filing,
the lien or encumbrance is deemed null and void."
SECTION 27.9. G.S. 18B‑1006(a) reads as rewritten:
"(a) School and College Campuses. – No permit for the sale of malt beverages, unfortified wine, or fortified wine shall be issued to a business on the campus or property of a public school or college, other than at a regional facility as defined by G.S. 160A‑480.2 operated by a facility authority under Part 4 of Article 20 of Chapter 160A of the General Statutes except for a public school or college function, unless that business is a hotel or a nonprofit alumni organization with a mixed beverages permit or a special occasion permit. This subsection shall not apply on property owned by a local board of education which was leased for 99 years or more to a nonprofit auditorium authority created prior to 1991 whose governing board is appointed by a city board of aldermen, a county board of commissioners, or a local school board. This subsection shall also not apply to the constituent institutions of The University of North Carolina with respect to the sale of beer and wine at performing arts centers located on property owned or leased by the institutions if the seating capacity does not exceed 2,000 seats, or to any golf courses owned or leased by the institutions and open to the public for use. Notwithstanding this subsection, special one‑time permits as described in G.S. 18B‑1002(a)(5) may be issued to the University of North Carolina at Chapel Hill for the Loudermilk Center for Excellence facility."
SECTION 28.(a) G.S. 20‑62.1(a)(1a), as enacted by S.L. 2013‑323, is amended by adding a new sub‑subdivision to read:
"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."
SECTION 28.(b) S.L. 2013‑323 is amended by adding a new section to read:
"SECTION 2.1. The Division of Motor Vehicles shall establish procedures and/or software solutions to most efficiently, reliably, and cost‑effectively comply with the requirements of G.S. 20‑62.1(a1). This may include software solutions with private entities for the tracking of salvage vehicles in compliance with State and federal requirements. The Division shall implement these procedures and/or software solutions on or before October 1, 2014. The Division shall update the Joint Legislative Transportation Oversight Committee on implementation."
SECTION 28.5.(a) Part 6 of Article 50 of Chapter 58 of the General Statutes is amended by adding a new section to read:
"§ 58‑50‑260. Dissolution of Pool.
(a) Insurance operations of the Pool under this Part shall sunset on January 1, 2014.
(b) In order to be handled in the regular course of business, rather than under subsection (f) of this section, all invoices for medical, pharmacy, and any other services provided under this Part must be submitted no later than 90 days after the sunset of insurance operations of the Pool under subsection (a) of this section.
(c) In order to be handled in the regular course of business, rather than under subsection (f) of this section, all appeals and grievances under this Part must be submitted no later than 90 days after the sunset of insurance operations of the Pool under subsection (a) of this section.
(d) On or before September 1, 2013, the Pool shall submit to the Commissioner a plan for dissolution of the Pool. The plan shall address the following:
(1) Continuity of care for those participants in the Pool that are inpatient at the time of sunset of insurance operations of the Pool under subsection (a) of this section.
(2) Continuation of administrative services following the sunset of the Pool's insurance operations.
(3) Closing the Pool's bank and investment accounts.
(4) Cessation of premium subsidy programs.
(5) Performance and completion by June 30, 2014, of a final audit by the State Auditor and submission of the Pool's annual report to the State.
(6) A plan for maintenance of the Pool's books and records pursuant to G.S. 58‑56‑16 by the Pool's final third‑party administrator.
(7) Efforts to secure contingency funding should the Pool's operations so require.
(8) Final dissolution of the Pool.
(9) The deposit and management of funding held in reserve following final dissolution of the Pool to be used in connection with actions by or against the Pool that are timely filed, as provided in subsection (f) of this section.
(10) Other matters that the Commissioner may reasonably require.
(e) The plan of dissolution for the Pool shall become effective upon approval in writing by the Commissioner. The Commissioner shall approve the plan of dissolution if he or she determines that the plan is suitable to assure the fair, reasonable, and equitable dissolution of the Pool and that the plan complies with subsection (d) of this section.
(f) Notwithstanding any longer statute of limitations provided under law for an action, all actions by or against the Pool must be filed on or before one year following the sunset of insurance operations of the Pool under subsection (a) of this section. After final dissolution of the Pool, the Pool's liability for insurance benefits, provider or vendor invoices, and all other matters shall be limited to the reserve amount established under subdivision (9) of subsection (d) of this section, less the costs of resolving the claims by or against the Pool.
(g) Any funds in excess of the reserve amount established under subdivision (9) of subsection (d) of this section that remain in the North Carolina Health Insurance Risk Pool Fund at the time of final dissolution shall be paid into the General Fund. After the resolution of timely filed actions against the Pool, any reserve funds remaining in the Risk Pool Fund shall be paid into the General Fund."
SECTION 28.5.(b) G.S. 58‑50‑225(c) reads as rewritten:
"(c) For the purposes of providing the funds necessary to carry out the powers and duties of the Pool, effective July 1, 2008, the Teachers' and State Employees' Comprehensive Major Medical Plan and any successor Plan shall pay an annual surcharge to the North Carolina Health Insurance Risk Pool Fund in the amount of one dollar and fifty cents ($1.50) per member per year based on enrollment of active employee Plan members and their dependents covered under the Plan. The final surcharge shall be paid to the Pool Fund for the 2013‑2014 State fiscal year and shall be paid in quarterly installments rather than in one annual payment. Such installments shall be paid to the Pool Fund 60 days after the close of each quarter and shall be due on December 1, 2013, March 1, 2014, June 1, 2014, and September 1, 2014. The Pool shall transfer to the General Fund any funds in excess of the reserve amount established under G.S. 58‑50‑260(d)(9) that remain in the Pool Fund following the final dissolution of the Pool."
SECTION 28.5.(c) Effective January 1, 2015, G.S. 58‑50‑225(c), as amended by subsection (b) of this section, is repealed.
SECTION 28.5.(d) Effective January 1, 2017, Part 6 of Article 50 of Chapter 58 of the General Statutes is repealed.
SECTION 28.5.(e) G.S. 58‑3‑276 is repealed.
SECTION 29. G.S. 62‑82(a) reads as rewritten:
"(a) Notice of Application for Certificate for
Generating Facility; Hearing; Briefs and Oral Arguments. – Whenever there is
filed with the Commission an application for a certificate of public
convenience and necessity for the construction of a facility for the generation
of electricity under G.S. 62‑110.1, the Commission shall require the
applicant to publish a notice thereof once a week for four successive weeks in
a daily newspaper of general circulation in the county where such
facility is proposed to be constructed and thereafter the Commission upon
complaint shall, or upon its own initiative may, upon reasonable notice, enter
upon a hearing to determine whether such certificate shall be awarded. Any such
hearing must be commenced by the Commission not later than three months after
the filing of such application, and the procedure for rendering decisions
therein shall be given priority over all other cases on the Commission's
calendar of hearings and decisions, except rate proceedings referred to in G.S. 62‑81.
Such applications shall be heard as provided in G.S. 62‑60.1, and
the Commission shall furnish a transcript of evidence and testimony submitted
by the end of the second business day after the taking of each day of
testimony. The Commission or panel shall require that briefs and oral arguments
in such cases be submitted within 30 days after the conclusion of the hearing,
and the Commission or panel shall render its decision in such cases within 60
days after submission of such briefs and arguments. If the Commission or panel
does not, upon its own initiative, order a hearing and does not receive a
complaint within 10 days after the last day of publication of the notice, the
Commission or panel shall enter an order awarding the certificate.
Notwithstanding this section, applicants for a certificate for solar
photovoltaic facilities of 10 kilowatts or less are exempt from the requirement
to publish public notice in newspapers."
SECTION 30.5. G.S. 66‑420(8) reads as rewritten:
"(8) Secondary metals recycler. — Any person, firm, or corporation in the State:
a. That is engaged in the business of gathering or
obtaining ferrous or nonferrous metals that have served their original economic
purpose or and is in the business of performing the manufacturing
process by which ferrous metals or nonferrous metals are converted into raw
material products consisting of prepared grades and having an existing or
potential economic value; or
b. That has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, by methods including, but not limited to, the processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content of the metals, but not including the exclusive use of hand tools."
SECTION 31. G.S. 83A‑3 is amended by adding a new subsection to read:
"(c) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance shall be limited to the assets, income, and revenues of the Board."
SECTION 32. G.S. 84‑2.1 reads as rewritten:
"§ 84‑2.1. "Practice law" defined.
The phrase "practice law" as used in this Chapter
is defined to be performing any legal service for any other person, firm or
corporation, with or without compensation, specifically including the preparation
or aiding in the preparation of deeds, mortgages, wills, trust instruments,
inventories, accounts or reports of guardians, trustees, administrators or
executors, or preparing or aiding in the preparation of any petitions or orders
in any probate or court proceeding; abstracting or passing upon titles, the
preparation and filing of petitions for use in any court, including
administrative tribunals and other judicial or quasi‑judicial bodies, or
assisting by advice, counsel, or otherwise in any legal work; and to advise or
give opinion upon the legal rights of any person, firm or corporation:
Provided, that the above reference to particular acts which are specifically
included within the definition of the phrase "practice law" shall not
be construed to limit the foregoing general definition of the term, but shall
be construed to include the foregoing particular acts, as well as all other
acts within the general definition. The phrase "practice law" does
not encompass the drafting or writing of memoranda of understanding or
other mediation summaries by mediators at community mediation centers
authorized by G.S. 7A‑38.5 or by mediators of personnel employment‑related
matters for The University of North Carolina or a constituent institution.institution,
or for an agency, commission, or board of the State of North Carolina."
SECTION 32.5.(a) G.S. 93D‑1 reads as rewritten:
"§ 93D‑1. Definitions.
For the purposes of this Chapter:
(1) "Board" shall mean the North Carolina State Hearing Aid Dealers and Fitters Board.
(2) "Fitting and selling hearing aids" shall mean the evaluation or measurement of the powers or range of human hearing by means of an audiometer or by other means and the consequent selection or adaptation or sale or rental of hearing aids intended to compensate for hearing loss including the making of an impression of the ear.
(3) "Hearing aid" shall mean any instrument or device designed for or represented as aiding, improving or compensating for defective human hearing and any parts, attachments or accessories of such an instrument or device.
(4) "Hearing Aid Specialist" shall mean a
person licensed by the Board to engage in fitting or selling hearing aidsthe
activities within the scope of practice of a hearing aid specialist in
North Carolina.
(5) "Registered Sponsor" shall mean a person with a permanent license as an audiologist under Article 22 of Chapter 90 of the General Statutes who is registered in accordance with G.S. 93D‑3(c)(16), or a licensee of the Board who has been approved as a sponsor of an apprentice."
SECTION 32.5.(b) Chapter 93D of the General Statutes is amended by adding a new section to read:
"§ 93D‑1.1. Hearing aid specialist; scope of practice.
The scope of practice of a hearing aid specialist shall include the following activities:
(1) Fitting and selling hearing aids.
(2) Eliciting patient histories.
(3) Performing comprehensive hearing evaluations, including administering otoscopy and performing tympanometry.
(4) Administering and interpreting tests of human hearing.
(5) Referring, as appropriate, for cochlear implant evaluation or other clinical, rehabilitative, or medical intervention.
(6) Determining candidacy for hearing aids, tinnitus management devices, and other assistive listening devices.
(7) Providing hearing aid, tinnitus management device, and assistive device recommendations and selection.
(8) Performing hearing aid fittings, programming, and adjustments.
(9) Assessing hearing aid efficacy utilizing appropriate fitting verification methodology.
(10) Performing hearing aid repairs.
(11) Administering cerumen management in the course of examining ears.
(12) Taking ear impressions, and preparing, designing, and modifying ear molds.
(13) Providing counseling and aural rehabilitation services.
(14) Providing supervision and in‑service training for those entering the hearing aid dispensing profession.
(15) Providing hearing health education.
(16) Providing community services, such as hearing conservation programs, school testing programs, and working with organizations serving individuals with hearing loss and the deaf.
(17) Providing assistive technologies for public and private school classrooms, individuals, and vocational needs.
SECTION 32.5.(c) G.S. 93D‑2 reads as rewritten:
"§ 93D‑2.
Fitting and selling Practice without license unlawful.
It shall be unlawful for any person to fit or sell hearing
aids engage in any activity within the scope of practice of a hearing
aid specialist, unless the person has first obtained a license from the
North Carolina State Hearing Aid Dealers and Fitters Board or is an apprentice
working under the supervision of Registered Sponsor."
SECTION 32.5.(d) G.S. 93D‑3(c)(6) reads as rewritten:
"(c) The Board shall:
…
(6) Make and publish rules, including a code of ethics,
that are necessary and proper to regulate hearing aid specialiststhe
fitting and selling of hearing aids and to carry out the provisions of this
Chapter;"
SECTION 32.5.(e) G.S. 93D‑5(a) reads as rewritten:
"(a) No person shall begin the fitting and
selling of hearing aidsundertake any activity within the scope of
practice of a hearing aid specialist in this State unless the person first
has been issued a license by the Board or is an apprentice working under
the supervision of a Registered Sponsor. Except as hereinafter provided, each
applicant for a license shall pay a fee set by the Board, not to exceed two
hundred fifty dollars ($250.00), which fee may be prorated by the Board, and
shall show to the satisfaction of the Board that the applicant:
(1) Is a person of good moral character.
(2) Is 18 years of age or older.
(3) Has an education equivalent to a four‑year course in an accredited high school.
(4) Repealed by Session Laws 2007‑406, s. 3, effective August 21, 2007."
SECTION 32.5.(f) G.S. 93D‑6 reads as rewritten:
"§ 93D‑6.
Persons selling in other jurisdictions.Hearing aid specialists
licensed in other States.
Whenever the Board determines that another state or
jurisdiction has requirements at least equivalent to those in effect pursuant
to this Chapter for the fitting and selling of hearing aids, engaging
in activities within the scope of practice of a hearing aid specialist and
that such state or jurisdiction has a program at least equivalent to the
program for determining whether applicants pursuant to this Chapter are
qualified to sell and fit hearing aids,engage in activities within
the scope of practice of a hearing aid specialist, the Board may issue, but
is not compelled to issue, licenses to applicants therefor who hold current,
unsuspended and unrevoked certificates or licenses to fit and sell hearing
aidsengage in activities within the scope of practice of a hearing aid
specialist in such other state or jurisdiction. No such applicant shall be
required to submit to any examination or other procedure required by G.S. 93D‑5,
but shall be required to pay an application fee to the Board in an amount set
by the Board, not to exceed one hundred fifty dollars ($150.00). Such applicant
must have one full year of experience satisfactory to the Board before issuance
of the license."
SECTION 32.5.(g) G.S. 93D‑8(a) reads as rewritten:
"(a) Every applicant for a license who is notified
by the Board that he has fulfilled the requirements of G.S. 93D‑5,
except those making application pursuant to G.S. 93D‑6, shall appear
at a time, place and before such persons as the Board may designate, to be
examined by written and practical tests in order to demonstrate that the
applicant is qualified for the fitting and selling of hearing aids.to
engage in the activities within the scope of a hearing aid specialist. The
Board shall give one examination of the type prescribed herein each year at a
duly prescribed time and place, which shall be publicized for at least 90 days
in advance. Additional examinations may be given at the discretion of the
Board. The examination provided in this section shall not include questions
requiring a medical or surgical education but shall consist of:
(1) Tests of knowledge in the following areas as they pertain to the fitting of hearing aids:
a. The basic physics of sound,
b. The human hearing mechanism, including the science of hearing and the cause and rehabilitation of abnormal hearing and hearing disorders, and
c. The structure and function of hearing aids.
(2) Tests of proficiency in the following techniques as they pertain to the fitting of hearing aids:
a. Pure tone audiometry, including air conduction testing and bone conduction testing,
b. Live voice and recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing,
c. Effective masking,
d. Recording and evaluation of audiograms and speech audiometry to determine hearing aid candidacy,
e. Selection and adaption of hearing aids and testing of hearing aids,
f. Taking earmold impressions, and
g. Such other skills as may be required for the fitting of hearing aids in the opinion of the Board."
SECTION 32.5.(h) G.S. 93D‑11 reads as rewritten:
"§ 93D‑11. Annual fees; failure to pay; expiration of license; occupational instruction courses.
Every licensed person who engages in the fitting and
selling of hearing aidsperson licensed as a hearing aid specialist
shall pay to the Board an annual license renewal fee in an amount set by the
Board, not to exceed two hundred fifty dollars ($250.00). The payment shall be
made prior to the first day of April in each year. In case of default in
payment the license shall expire 30 days after notice by the secretary‑treasurer
to the last known address of the licensee by registered mail, certified mail,
or in a manner provided by G.S. 1A‑1, Rule 4(j)(1)d. The Board may
reinstate an expired license upon the showing of good cause for late payment of
fees, upon payment of said fees within 60 days after expiration of the license,
and upon the further payment of a late penalty of twenty‑five dollars
($25.00). After 60 days after the expiration date, the Board may reinstate the
license for good cause shown upon application for reinstatement and payment of
a late penalty of fifty dollars ($50.00) and the renewal fee. The Board may require
all licensees to successfully attend and complete a course or courses of
occupational instruction funded, conducted or approved or sponsored by the
Board on an annual basis as a condition to any license renewal and evidence of
satisfactory attendance and completion of any such course or courses shall be
provided the Board by the licensee."
SECTION 32.5.(i) G.S. 93D‑12 reads as rewritten:
"§ 93D‑12. License to be displayed at office.
Every person to whom a license, apprenticeship certificate,
or sponsor registration is granted shall display the same in a conspicuous part
of his office wherein the fitting and selling of hearing aids is conducted, where
the person conducts business as a hearing aid specialist or shall have a
copy of such license certificate, or registration on his person and exhibit the
same upon request when fitting or selling hearing aids outside of his office."
SECTION 32.5.(j) G.S. 93D‑15 reads as rewritten:
"§ 93D‑15. Violation of Chapter.
Any person who violates any of the provisions of this Chapter
and any person who holds himself out to the public as a fitter and seller of
hearing aids hearing aid specialist without having first obtained a
license or apprenticeship registration as provided for herein shall be deemed
guilty of a Class 2 misdemeanor. "
SECTION 33.(a) Industrial Commission Hospital Fee Schedule:
(1) Medicare methodology for physician and hospital fee schedules. – With respect to the schedule of maximum fees for physician and hospital compensation adopted by the Industrial Commission pursuant to G.S. 97‑26, those fee schedules shall be based on the applicable Medicare payment methodologies, with such adjustments and exceptions as are necessary and appropriate to ensure that (i) injured workers are provided the standard of services and care intended by Chapter 97 of the General Statutes, (ii) providers are reimbursed reasonable fees for providing these services, and (iii) medical costs are adequately contained. Such fee schedules shall also be periodically reviewed to ensure that they continue to adhere to these standards and applicable fee schedule requirements of Chapter 97. In addition to the statewide fee averages, geographical and community variations in provider costs, and other factors affecting provider costs that the Commission may consider pursuant to G.S. 97‑26, the Commission may also consider other payment systems in North Carolina, other states' cost and payment structures for workers' compensation, the impact of changes over time to Medicare fee schedules on payers and providers, and cost issues for providers and payers relating to frequency of service, case mix index, and related issues.
(2) Transition to direct billing. – Pursuant to G.S. 97‑26(g) through (g1) and applicable rules, the Commission shall provide for transition to direct claims submission and reimbursement for medical and hospital fees, including an implementation timeline, notice to affected stakeholders, and related compliance issues.
(3) Expedite rule‑making process for fee schedule. – The Industrial Commission is exempt from the certification requirements of G.S. 150B‑19.1(h) in developing the fee schedules required pursuant to this section.
SECTION 33.(b) G.S. 97‑26 reads as rewritten:
"§ 97‑26. Fees allowed for medical treatment; malpractice of physician.
(a) Fee Schedule. – The Commission shall adopt by rule
a schedule of maximum fees for medical compensation, except as provided in
subsection (b) of this section,compensation and shall periodically
review the schedule and make revisions.
The fees adopted by the Commission in its schedule shall be adequate to ensure that (i) injured workers are provided the standard of services and care intended by this Chapter, (ii) providers are reimbursed reasonable fees for providing these services, and (iii) medical costs are adequately contained.
The Commission may consider any and all reimbursement systems and plans in establishing its fee schedule, including, but not limited to, the State Health Plan for Teachers and State Employees (hereinafter, "State Plan"), Blue Cross and Blue Shield, and any other private or governmental plans. The Commission may also consider any and all reimbursement methodologies, including, but not limited to, the use of current procedural terminology ("CPT") codes, diagnostic‑related groupings ("DRGs"), per diem rates, capitated payments, and resource‑based relative‑value system ("RBRVS") payments. The Commission may consider statewide fee averages, geographical and community variations in provider costs, and any other factors affecting provider costs.
(b) Hospital Fees. – Each hospital subject to the
provisions of this subsection section shall be reimbursed the
amount provided for in this subsection section unless it has
agreed under contract with the insurer, managed care organization, employer (or
other payor obligated to reimburse for inpatient hospital services rendered
under this Chapter) to accept a different amount or reimbursement methodology.
Except as otherwise provided herein, payment for medical
treatment and services rendered to workers' compensation patients by a hospital
shall be a reasonable fee determined by the Commission and adopted by rule.
Effective September 16, 2001, through June 30, 2002, the fee shall be the
following amount unless the Commission adopts a different fee schedule in
accordance with the provisions of this section:
(1) For inpatient hospital services, the
amount that the hospital would have received for those services as of June 30,
2001. The payment shall not be more than a maximum of one hundred percent
(100%) of the hospital's itemized charges as shown on the UB‑92 claim
form nor less than the minimum percentage for payment of inpatient DRG claims
that was in effect as of June 30, 2001.
(2) For outpatient hospital services and any
other services that were reimbursed as a discount off of charges under the
State Plan as of June 30, 2001, the amount calculated by the Commission as a
percentage of the hospital charges for such services. The percentage applicable
to each hospital shall be the percentage used by the Commission to determine
outpatient rates for each hospital as of June 30, 2001.
(3) For any other services, a reasonable fee
as determined by the Industrial Commission.
The explanation of the fee schedule change that is published pursuant to G.S. 150B‑21.2(c)(2) shall include a summary of the data and calculations on which the fee schedule rate is based.
A hospital's itemized charges on the UB‑92 claim form for workers' compensation services shall be the same as itemized charges for like services for all other payers.
…."
SECTION 36.(a) G.S. 115D‑67.2(b) reads as rewritten:
"(b) The Advisory Board shall consist of 14 members:members
as follows:
(1) The President of Gaston College, who shall serve ex
officio;officio.
(2) Four Two members who are residents
of North Carolina appointed by the North Carolina Manufacturers
Association, Inc.;National Council of Textile Organizations.
(2a) Two members appointed by the Southern Textile Association, Inc.
(3) Two members appointed by the board of the North
Carolina Center for Applied Textile Technology Foundation;Foundation.
(4) Two members appointed by the board of trustees of
Gaston College;College.
(5) Three members appointed by the State Board of
Community Colleges;Colleges.
(6) One member appointed by the dean of the College of
Textiles at North Carolina State University; andUniversity.
(7) The Director of the Manufacturing Solutions Center at Catawba Valley Community College who shall serve ex officio as a nonvoting member.
The appointing entities shall attempt to appoint members who are distributed geographically throughout the State; members representing large and small companies; and members from each segment of the diverse textile industry including spun yarn manufacturing, filament yarn manufacturing, knitting, weaving, dyeing and finishing, apparel, nonwoven, technical/medical textiles, and fiber producers."
SECTION 36.(b) This section is effective when it becomes law and applies to appointments made for vacancies that arise, or upon the expiration of the existing terms, of members appointed by the North Carolina Manufacturers Association, Inc., whichever occurs first, with the first two appointments to be made in accordance with G.S. 115D‑67.2(b)(2a) and the next two appointments to be made in accordance with G.S. 115D‑67.2(b)(2).
SECTION 36.5. G.S. 116‑43.10(c) reads as rewritten:
"(c) Once a student is enrolled in The University
of North Carolina System under the Academic Common Market program, the student
shall be entitled to pay in‑State tuition as long as the student is enrolled
in that graduate program.The Board of Governors shall provide a report on
the Academic Common Market program to the Joint Legislative Education Oversight
Committee by September 2007 and each biennium thereafter."
SECTION 36.7. G.S. 120‑133 reads as rewritten:
"§ 120‑133. Redistricting communications.
(a) Notwithstanding any other provision of law, all drafting and information requests to legislative employees and documents prepared by legislative employees for legislators concerning redistricting the North Carolina General Assembly or the Congressional Districts are no longer confidential and become public records upon the act establishing the relevant district plan becoming law. Present and former legislative employees may be required to disclose information otherwise protected by G.S. 120‑132 concerning redistricting the North Carolina General Assembly or the Congressional Districts upon the act establishing the relevant district plan becoming law.
(b) Nothing in this Chapter nor in Chapter 132 of the General Statutes shall be construed as a waiver of the common law attorney‑client privilege nor of the common law work product doctrine with respect to legislators as defined in G.S. 120‑129."
SECTION 37. G.S. 153A‑76 reads as rewritten:
"§ 153A‑76. Board of commissioners to organize county government.
The board of commissioners may create, change, abolish, and consolidate offices, positions, departments, boards, commissions, and agencies of the county government, may impose ex officio the duties of more than one office on a single officer, may change the composition and manner of selection of boards, commissions, and agencies, and may generally organize and reorganize the county government in order to promote orderly and efficient administration of county affairs, subject to the following limitations:
(1) The board may not abolish an office, position, department, board, commission, or agency established or required by law.
(2) The board may not combine offices or confer certain duties on the same officer when this action is specifically forbidden by law.
(3) The board may not discontinue or assign elsewhere a function or duty assigned by law to a particular office, position, department, board, commission, or agency.
(4) The board may not change the composition or manner of selection of a local board of education, the board of elections, or the board of alcoholic beverage control.
(5) The board may not abolish nor consolidate into a human services agency a hospital authority assigned to provide public health services pursuant to Section 12 of S.L. 1997‑502 or a public health authority assigned the power, duties, and responsibilities to provide public health services as outlined in G.S. 130A‑1.1.
(6) A board may not consolidate an area mental health,
developmental disabilities, and substance abuse services board into a
consolidated human services board. The board may not abolish an area mental
health, developmental disabilities, and substance abuse services board, except
as provided in Chapter 122C of the General Statutes.This subdivision shall
not apply to any board that has exercised the powers and duties of an area
mental health, developmental disabilities, and substance abuse services board
as of January 1, 2012.
(7) The board may not abolish, assume control over, or consolidate into a human services agency a public hospital as defined in G.S. 159‑39(a) pursuant to G.S. 153A‑77."
SECTION 38.(a) G.S. 136‑189.10, as enacted by S.L. 2013‑183, reads as rewritten:
"§ 136‑189.10. Definitions.
…
(2) Regional impact projects. – Includes only the following:
a. Projects listed in subdivision (1) of this section, subject to the limitations noted in that subdivision.
b. U.S. highway routes not included in subdivision (1) of this section.
c. N.C. highway routes not included in subdivision (1) of this section.
d. Commercial service airports included in the NPIAS that are not included in subdivision (1) of this section, provided that the State's annual financial participation in any single airport project included in this subdivision may not exceed three hundred thousand dollars ($300,000).
e. The State‑maintained ferry system, excluding passenger vessel replacement.
f. Rail lines that span two or more counties not included in subdivision (1) of this section. This sub‑subdivision does not include short-line railroads.
g. Public transportation service that spans two or
more counties and that serves more than one municipality. ExpendituresProgrammed
funds pursuant to this sub‑subdivision shall not exceed ten percent
(10%) of any distribution region allocation. This sub‑subdivision
includes commuter rail, intercity rail, and light rail.
(3) Division needs projects. – Includes only the following:
a. Projects listed in subdivision (1) or (2) of this section, subject to the limitations noted in those subsections.
b. State highway routes not included in subdivision (1) or (2) of this section.
c. Airports included in the NPIAS that are not included in subdivision (1) or (2) of this section, provided that the State's total annual financial participation under this sub‑subdivision shall not exceed eighteen million five hundred thousand dollars ($18,500,000).
d. Rail lines not included in subdivision (1) or (2) of this section. This sub‑subdivision does not include short-line railroads.
e. Public transportation service not included in subdivision (1) or (2) of this section. This sub‑subdivision includes commuter rail, intercity rail, and light rail.
f. Multimodal terminals and stations serving passenger transit systems.
g. Federally funded independent bicycle and pedestrian improvements.
h. Replacement of State‑maintained ferry vessels.
i. Federally funded municipal road projects.
.…"
SECTION 38.(b) G.S. 136‑189.11(b), as enacted by S.L. 2013‑183, reads as rewritten:
"(b) Funds Excluded From Formula. – The following funds are not subject to this section:
(1) Federal congestion mitigation and air quality improvement program funds appropriated to the State by the United States pursuant to 23 U.S.C. § 104(b)(2) and 23 U.S.C. § 149.
(2) Funds received through competitive awards or discretionary grants through federal appropriations either for local governments, transportation authorities, transit authorities, or the Department.
(3) Funds received from the federal government that under federal law may only be used for Appalachian Development Highway System projects.
(4) Funds used in repayment of "GARVEE" bonds related to Phase I of the Yadkin River Veterans Memorial Bridge project.
(5) Funds committed to gap funding for toll roads funded with bonds issued pursuant to G.S. 136‑176.
(6) Funds obligated for projects in the State
Transportation Improvement Program that are scheduled for construction as of April
1, 2013,October 1, 2013, in State fiscal year 2012‑2013, 2013‑2014,
or 2014‑2015.
(7) Toll collections from a turnpike project under Article 6H of this Chapter and other revenue from the sale of the Authority's bonds or notes or project loans, in accordance with G.S. 136‑89.192.
(8) Toll collections from the State‑maintained ferry system collected under the authority of G.S. 136‑82.
(9) Federal State Planning and Research Program funds.funds
(23 U.S.C. § 505) and Metropolitan Planning funds (23 U.S.C. §§ 104 and 134)."
SECTION 38.(c) G.S. 136‑189.11(d), as enacted by S.L. 2013‑183, reads as rewritten:
"§ 136‑189.11. Transportation Investment Strategy Formula.
…
(d) Transportation Investment Strategy Formula. – Funds subject to the Formula shall be distributed as follows:
(1) Statewide Strategic Mobility Projects. – Forty percent (40%) of the funds subject to this section shall be used for Statewide Strategic Mobility Projects.
a. Criteria. – Transportation‑related quantitative criteria shall be used by the Department to rank highway projects that address cost‑effective Statewide Strategic Mobility needs and promote economic and employment growth. The criteria for selection of Statewide Strategic Mobility Projects shall utilize a numeric scale of 100 points, based on consideration of the following quantitative criteria:
1. Benefit cost.
2. Congestion.
3. Safety.
4. Economic competitiveness.
5. Freight.
6. Multimodal.
7. Pavement condition.
8. Lane width.
9. Shoulder width.
b. Project cap. – No more than ten percent (10%) of the funds projected to be allocated to the Statewide Strategic Mobility category over any five‑year period may be assigned to any contiguous project or group of projects in the same corridor within a Highway Division or within adjoining Highway Divisions.
(2) Regional Impact Projects. – Thirty percent (30%) of the funds subject to this section shall be used for Regional Impact Projects and allocated by population of Distribution Regions based on the most recent estimates certified by the Office of State Budget and Management.
a. Criteria. – A combination of transportation‑related quantitative criteria, qualitative criteria, and local input shall be used to rank Regional Impact Projects involving highways that address cost‑effective needs from a region‑wide perspective and promote economic growth. Local input is defined as the rankings identified by the Department's Transportation Division Engineers, Metropolitan Planning Organizations, and Rural Transportation Planning Organizations. Transportation Division Engineer local input scoring shall take into account public comments. The Department shall ensure that the public has a full opportunity to submit public comments, by widely available notice to the public, an adequate time period for input, and public hearings. Board of Transportation input shall be in accordance with G.S. 136‑189.11(g)(1) and G.S. 143B‑350(g). The criteria utilized for selection of Regional Impact Projects shall be based thirty percent (30%) on local input and seventy percent (70%) on consideration of a numeric scale of 100 points based on the following quantitative criteria:
1. Benefit cost.
2. Congestion.
3. Safety.
4. Freight.
5. Multimodal.
6. Pavement condition.
7. Lane width.
8. Shoulder width.
9. Accessibility and connectivity to employment centers, tourist destinations, or military installations.
(3) Division Need Projects. – Thirty percent (30%) of the funds subject to this section shall be allocated in equal share to each of the Department divisions, as defined in G.S. 136‑14.1, and used for Division Need Projects.
a. Criteria. – A combination of transportation‑related quantitative criteria, qualitative criteria, and local input shall be used to rank Division Need Projects involving highways that address cost‑effective needs from a Division‑wide perspective, provide access, and address safety‑related needs of local communities. Local input is defined as the rankings identified by the Department's Transportation Division Engineers, Metropolitan Planning Organizations, and Rural Transportation Planning Organizations. Transportation Division Engineer local input scoring shall take into account public comments. The Department shall ensure that the public has a full opportunity to submit public comments, by widely available notice to the public, an adequate time period for input, and public hearings. Board of Transportation input shall be in accordance with G.S. 136‑189.11(g)(1) and G.S. 143B‑350(g). The criteria utilized for selection of Division Need Projects shall be based fifty percent (50%) on local input and fifty percent (50%) on consideration of a numeric scale of 100 points based on the following quantitative criteria, except as provided in sub‑subdivision b. of this subdivision:
1. Benefit cost.
2. Congestion.
3. Safety.
4. Freight.
5. Multimodal.
6. Pavement condition.
7. Lane width.
8. Shoulder width.
9. Accessibility and connectivity to employment centers, tourist destinations, or military installations.
b. Alternate criteria. – Funding from the following programs shall be included in the computation of each of the Department division equal shares but shall be subject to alternate quantitative criteria:
1. Federal Surface Transportation Program‑Direct Attributable funds expended on eligible projects in the Division Need Projects category.
2. Federal Transportation Alternatives funds appropriated to the State.
3. Federal Railway‑Highway Crossings Program funds appropriated to the State.
4. Projects requested from the Department in support
of a time‑critical job creation opportunity, when the opportunity would
be classified as transformational under the Job Development Investment Grant
program established pursuant to G.S. 143B‑437.52, provided that the
total State investment in each fiscal year for all projects funded under this
sub‑subdivision shall not exceed ten million dollars ($10,000,000) in the
aggregate orandtwo million dollars ($2,000,000) five
million dollars ($5,000,000) per project.
5. Federal funds for municipal road projects.
c. Bicycle and pedestrian limitation. – The Department shall not provide financial support for independent bicycle and pedestrian improvement projects, except for federal funds administered by the Department for that purpose. This sub‑subdivision shall not apply to funds allocated to a municipality pursuant to G.S. 136‑41.1 that are committed by the municipality as matching funds for federal funds administered by the Department and used for bicycle and pedestrian improvement projects. This limitation shall not apply to funds authorized for projects in the State Transportation Improvement Program that are scheduled for construction as of October 1, 2013, in State fiscal year 2012‑2013, 2013‑2014, or 2014‑2015.
(4) Criteria for nonhighway projects. – Nonhighway projects subject to this subsection shall be evaluated through a separate prioritization process established by the Department that complies with all of the following:
a. The criteria used for selection of projects for a particular transportation mode shall be based on a minimum of four quantitative criteria.
b. Local input shall include rankings of projects identified by the Department's Transportation Division Engineers, Metropolitan Planning Organizations, and Rural Transportation Planning Organizations. Transportation Division Engineer local input scoring shall take into account public comments. The Department shall ensure that the public has a full opportunity to submit public comments, by widely available notice to the public, an adequate time period for input, and public hearings. Board of Transportation input shall be in accordance with G.S. 136‑189.11(g)(1) and G.S. 143B‑350(g).
c. The criteria shall be based on a scale not to exceed 100 points that includes no bonus points or other alterations favoring any particular mode of transportation."
SECTION 38.(d) G.S. 136‑189.11(g), as enacted by S.L. 2013‑183, reads as rewritten:
"(g) Reporting. – The Department shall publish on its Web site, in a link to the "Strategic Transportation Investments" Web site linked directly from the Department's home page, the following information in an accessible format as promptly as possible:
(1) The quantitative criteria used in each highway and nonhighway project scoring, including the methodology used to define each criteria, the criteria presented to the Board of Transportation for approval, and any adjustments made to finalize the criteria.
(2) The quantitative and qualitative criteria in each highway or nonhighway project scoring that is used in each region or division to finalize the local input score and shall include distinctions between the Department Division scoring and methodologies and Metropolitan Planning Organization and Rural Transportation Planning Organization scoring and methodologies.
(3) Notification of changes to the methodologies used to calculate quantitative criteria.
(4) The final quantitative formulas, including the number of points assigned to each criteria, used in each highway and nonhighway project scoring used to obtain project rankings in the Statewide, Regional, and Division categories. If the Department approves different formulas or point assignments regionally or by division, the final scoring for each area shall be noted.
(5) The project scorings associated with the release of
the draft and final State Transportation Improvement Program.Program,
including Division Engineer, Metropolitan Planning Organization, and Rural
Transportation Planning Organization scoring and ranking."
SECTION 38.(e) G.S. 136‑89.199, as enacted by S.L. 2013‑183, reads as rewritten:
"§ 136‑89.199. Designation of high‑occupancy toll and managed lanes.
Notwithstanding any other provision of this Article, the Authority may designate one or more lanes of any highway, or portion thereof, within the State, including lanes that may previously have been designated as HOV lanes under G.S. 20‑146.2, as high‑occupancy toll (HOT) or other type of managed lanes; provided, however, that such designation shall not reduce the number of existing non‑toll general purpose lanes. In making such designations, the Authority shall specify the high‑occupancy requirement or other conditions for use of such lanes, which may include restricting vehicle types, access controls, or the payment of tolls for vehicles that do not meet the high‑occupancy requirements or conditions for use."
SECTION 38.(f) G.S. 120‑70.52 reads as rewritten:
"§ 120‑70.52. Organization of Committee.
(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Transportation Oversight Committee. The Committee shall meet at least once a quarter and may meet at other times upon the joint call of the cochairs.
(b) A quorum of the Committee is nine members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120‑19 and G.S. 120‑19.1 through 120‑19.4.
(c) The Committee shall be funded by appropriations
made to from the Highway Trust Fund and allocated to the
Intrastate System projects.Fund to the Department of Transportation.
Members of the Committee receive subsistence and travel expenses as provided in
G.S. 120‑3.1. The Committee may contract for consultants or hire
employees in accordance with G.S. 120‑32.02. The Legislative
Services Commission, through the Legislative Services Officer, shall assign
professional staff to assist the Committee in its work. Upon the direction of
the Legislative Services Commission, the Supervisors of Clerks of the Senate
and of the House of Representatives shall assign clerical staff to the
Committee. The expenses for clerical employees shall be borne by the Committee."
SECTION 38.(g) Section 6.1 of S.L. 2013‑183 reads as rewritten:
"SECTION 6.1. Formula Implementation Report. –
The Department of Transportation shall report to the Joint Legislative
Transportation Oversight Committee and the Fiscal Research Division no later
than August 15, 2013, on the Department's recommended formulas that will be
used in the prioritization process to rank highway and nonhighway projects. The
Department of Transportation's Prioritization Office shall develop the
prioritization processes and formulas for all modes of transportation. The
report will include a statement on the process used by the Department to
develop the formulas, include a listing of external partners consulted during
this process,process, indicate differences between the criteria and
weights for highway and non‑highway modes between the 3.0 workgroup
recommendations and the final Department recommendations, and include
feedback from its 3.0 workgroup partners on the Department's proposed
recommendations. The Department shall not finalize the formula without
consulting with the Joint Legislative Transportation Oversight Committee. The
Joint Legislative Transportation Oversight Committee has 30 days after the
report is received to meet and consult on the Department's recommendations. If
no meeting occurs within 30 days after the report is received, the consultation
requirement will be met. If consultation occurs and a majority of members
serving on the Committee request changes to the Department's recommended
formulas for highway and nonhighway modes, the Department shall review the
requests and provide to the Committee its response to the requested changes no
later than October 1, 2013. A final report on the highway and intermodal
formulas shall be submitted to the Joint Legislative Transportation Oversight
Committee by January 1, 2014."
SECTION 38.(h) G.S. 136‑189.11, as enacted by S.L. 2013‑183, is amended by adding a new subsection to read:
"(h) Improvement of Prioritization Process. – The Department shall endeavor to continually improve the methodology and criteria used to score highway and non‑highway projects pursuant to this Article, including the use of normalization techniques, and methods to strengthen the data collection process. The Department is directed to continue the use of a workgroup process to develop improvements to the prioritization process. Workgroup participants shall include, but not be limited to, the North Carolina League of Municipalities, the North Carolina Association of County Commissioners, the North Carolina Metropolitan Mayors Coalition, and the North Carolina Council of Regional Governments. The workgroup, led by the Prioritization Office, shall contain a minimum of four representatives each from the North Carolina Association of Municipal Planning Organizations and the North Carolina Association of Rural Planning Organizations, and these members will be selected by a vote of each organization. Department participants in the workgroup shall not exceed half of the total group. Beginning December 1, 2016, the Department shall report annually to the Joint Legislative Transportation Oversight Committee on any changes made to the highway or non‑highway prioritization process and the resulting impact to the State Transportation Improvement Program. The General Assembly members and staff may attend all workgroup meetings related to the prioritization process, all subgroup meetings of the workgroup, and have access to all related workgroup or subgroup documents."
SECTION 38.(i) Section 6.2 of S.L. 2013‑183 reads as rewritten:
"SECTION 6.2. State Transportation Improvement Program Transition Report. – The Department of Transportation shall submit transition reports to members of the Joint Legislative Transportation Oversight Committee, House of Representatives Appropriations Subcommittee on Transportation and the Senate Appropriations Committee on Department of Transportation, and the Fiscal Research Division on March 1, 2014, and November 1, 2014. The reports shall include information on the Department's transition to Strategic Prioritization, overview changes to the State Transportation Improvement Program (STIP) and other internal and external processes that feed into the STIP, and offer statutory and policy recommendations or items for consideration to the General Assembly that will enhance the prioritization process. The March 1, 2014, report shall also include an analysis of the distribution of tax and fee revenues between the Highway Fund and Highway Trust Fund and an analysis to determine if maintenance, construction, operations, administration, and capital expenditures are properly budgeted within the two funds and existing revenues are most effectively distributed between the two funds. The report shall also include recommendations to restructure maintenance operations and funding to improve efficiency, achieve greater cost effectiveness, and streamline operations to best apply limited resources to the State's maintenance needs."
SECTION 38.5. If Senate Bill 485, 2013 Regular Session, becomes law, then G.S. 143‑64.70, as amended by Senate Bill 485, reads as rewritten:
"§ 143‑64.70. Personal service contracts – reporting requirements.
(a) By January 1 of each year, each State department, agency, and institution shall make a detailed written report to the Office of State Budget and Management and the Office of State Personnel on its utilization of personal services contracts that have an annual expenditure greater than twenty‑five thousand dollars ($25,000). The report by each State department, agency, and institution shall include the following:
(1) Identification of the department and employee responsible for oversight of the performance of the contract.
(2) Vendor or contractor name, object of expenditure description, contract award amount, purchase order or contract number, purchase order start and end date, source of funds, and amount disbursed during the fiscal year.
(3) through (7) Repealed by Session Laws 2007‑322, s. 7, effective July 30, 2007.
(b) By March 15 of each year, the Office of State Budget and Management and the Office of State Personnel shall compile and analyze the information required under subsection (a) of this section and shall submit to the Joint Legislative Commission on Governmental Operations a detailed report on the type, number, duration, cost and effectiveness of State personal services contracts throughout State government.
(c) This section does not apply to The
University of North Carolina."
SECTION 39.5. If Senate Bill 315, 2013 Regular Session, and House Bill 857, 2013 Regular Session, become law, then Section 5 of Senate Bill 315 is repealed.
SECTION 40. If Senate Bill 402, 2013 Regular Session, becomes law, then G.S. 143B‑426.52(d), as enacted by Section 6.18(a) of Senate Bill 402, reads as rewritten:
"(d) The Commission shall adopt rules for the
determination of eligibility and the processing of claims.claims in
accordance with G.S. 150B‑21.1. Notwithstanding G.S. 150B‑21.1(d),
the rules adopted pursuant to this section shall expire on the earlier of the
date all claims made under this section are finally adjudicated or June 30,
2018."
SECTION 41. G.S. 160A‑424(c) reads as rewritten:
"(c) In no event may a city do any of the
following: (i) adopt or enforce any ordinance that would require any owner or
manager of rental property to obtain any permit or permission from the city to
lease or rent residential real property, except for those propertiesindividual
rental units that have more than three verified violations in a 12‑month
period or upon the property being identified within the top 10% of properties
with crime or disorder problems as set forth in a local ordinance; (ii) require
that an owner or manager of residential rental property enroll or participate
in any governmental program as a condition of obtaining a certificate of
occupancy; or (iii) except as provided in subsection (d) of this section, levy
a special fee or tax on residential rental property that is not also levied
against other commercial and residential properties."
SECTION 42. Section 1 of S.L. 2007‑86, as amended by S.L. 2008‑5, reads as rewritten:
"SECTION 1. The governing body of a city or town may adopt ordinances providing that notice of public hearings may be given through electronic means, including, but not limited to, the Town's Internet site. Electronic notice may be in lieu of traditional publication methods. Ordinances adopted pursuant to this section shall not supersede any State law that requires notice by mail to certain classes of people or the posting of signs on certain property and shall not alter the publication schedule for any public notice."
SECTION 43. S.L. 2011‑148, 2011‑154, 2011‑155, and 2011‑178 are repealed.
SECTION 44. Section 25 of S.L. 2013‑199 reads as rewritten:
"SECTION 25. Section 10 of this act becomes
effective January 1, 2016. Section 20 of this act becomes effective January 1, 2015,2014,
and applies to policies whose effective date is on or after that date. Sections
22 and 24 of this act are effective when they become law. Section 23 of this
act becomes effective October 1, 2013. The remainder of this act becomes
effective July 1, 2013."
SECTION 46. If House Bill 74, 2013 Regular Session, becomes law, Section 12 of House Bill 74 is repealed.
SECTION 47. If House Bill 269, 2013 Regular Session, becomes law, Section 7 of House Bill 269 reads as rewritten:
"SECTION 7. Notwithstanding the definition for "eligible student" set forth in G.S. 115C‑112.2, as enacted by this act, a child who is otherwise eligible to receive a scholarship grant for the spring semester of the 2013‑2014 school year is deemed to have met the requirements of G.S. 115C‑112.2(2)f., as enacted by this act, if the child is a dependent child for whom a taxpayer is allowed a credit for the fall semester of the 2013‑2014 school year under G.S. 105‑151.33 and the taxpayer affirms, under oath, that the taxpayer will claim the credit for that semester. Notwithstanding G.S. 105‑259(b), the Department of Revenue shall furnish, upon request, to the Authority a list of claimants that received a credit pursuant to G.S. 105‑151.33 for the taxable year beginning on or after January 1, 2013. Notwithstanding the definition for "eligible student" set forth in G.S. 115C‑112.2, as enacted by this act, a child who meets the requirements of G.S. 115C‑112.2(a) through (e) and who is eligible for enrollment in kindergarten or the first grade in a North Carolina public school during the 2013‑2014 school year shall be eligible to receive a scholarship grant for the spring semester of the 2013‑2014 school year."
SECTION 47.5. G.S. 20-4.01 reads as rewritten:
"§ 20‑4.01. Definitions.
Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:
…
(1c) All‑Terrain Vehicle or ATV. – A motorized off‑highway
vehicle 50 inches or less in width that is designed to travel on
three or four more low‑pressure tires, tires having
a seat designed to be straddled by the operator and handlebars for steering
control.and manufactured for off‑highway use. The terms "all‑terrain
vehicle" or "ATV" do not include a golf cart or a utility
vehicle, as defined in this section, or a riding lawn mower.
…
(48c) Utility Vehicle. – Vehicle designed and
manufactured for general maintenance, security, recreational, and landscaping
purposes, but does not include vehicles designed and used primarily for the
transportation of persons or property on a street or highway.A motor
vehicle that is (i) designed for off‑road use and (ii) used for general
maintenance, security, agricultural, or horticultural purposes. "Utility
vehicle" does not include an all‑terrain vehicle or golf cart, as defined
in this section, or a riding lawn mower.
…."
part Iv. Effective date
SECTION 48. Except where otherwise provided, this act is effective when it becomes law.