GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

 

 

HOUSE BILL 1133

RATIFIED BILL

 

 

AN ACT to make technical corrections to the general statutes and the session laws, as recommended by the General statutes commission, and to make additional technical and other changes to the general statutes and session laws.

 

The General Assembly of North Carolina enacts:

 

 

PART I. TECHNICAL CORRECTIONS RECOMMENDED BY THE GENERAL STATUTES COMMISSION

SECTION 1.  Subsection (c) of G.S. 1A‑1, Rule 59, is rewritten to read:

"(c)       Time for serving affidavits. – When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 30 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits."

SECTION 2.  G.S. 15‑11.2 reads as rewritten:

"§ 15‑11.2.  Disposition of unclaimed firearms not confiscated or seized as trial evidence.

(a)        Definition. – For purposes of this section, the term "unclaimed firearm" means a firearm that is found or received by a law enforcement agency and that remains unclaimed by the person who may be entitled to it for a period of 30 days after the publication of the notice required by subsection (b) of this section. The term does not include a firearm that is seized and disposed of pursuant to G.S. 15‑11.1 or a firearm that is confiscated and disposed of pursuant to G.S. 14‑269.1.

(b)        Published Notice of Unclaimed Firearm. – When a law enforcement agency finds or receives a firearm and the firearm remains unclaimed for a period of 180 days, the agency shall publish at least one notice in a newspaper published in the county in which the agency is located. The notice shall include all of the following:

(1)        A statement that the firearm is unclaimed and is in the custody of the law enforcement agency.

(2)        A statement that the firearm may be sold or otherwise disposed of unless the firearm is claimed within 30 days of the date of the publication of the notice.

(3)        A brief description of the firearm and any other information that the chief or head of the law enforcement agency may consider necessary or advisable to reasonably inform the public about the firearm.

(c)        Repealed by Session Laws 2013‑158, s. 2, effective September 1, 2013, and applicable to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date.

(d)        Disposition of Unclaimed Firearm. – If the firearm remains unclaimed for a period of 30 days after the publication of the notice, then the head or chief of the law enforcement agency shall order the disposition of the firearm in one of the following ways:

(1)        By having the firearm destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification and will not be disposed of pursuant to subdivision (3) of this subsection. The head or chief of the law enforcement agency shall maintain a record of the destruction of the firearm.

(2)        By sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws or by sale of the firearm at a public auction to persons licensed as firearms collectors, dealers, importers, or manufacturers. The head or chief of the law enforcement agency shall dispose of the firearm pursuant to this subdivision only if the firearm has a legible, unique identification number.

(3)        By maintaining the firearm for training or experimental purposes or transferring the firearm to a museum or historical society.

(e)        Repealed by Session Laws 2013‑158, s. 2, effective September 1, 2013, and applicable to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date.

(f)         Disbursement of Proceeds of Sale. – If the law enforcement agency sells the firearm pursuant to subdivision (2) of subsection (d) of this section, then the proceeds of the sale shall be retained by the law enforcement agency and used for law enforcement purposes. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this section, as well as the disposition of the firearm, including any funds received from a sale of a firearm or any firearms or other property received in exchange or trade of a firearm."

SECTION 2.1.(a)  G.S. 15A‑830 reads as rewritten:

"§ 15A‑830.  Definitions.

(a)        The following definitions apply in this Article:

(1)        Accused. – A person who has been arrested and charged with committing a crime covered by this Article.

(2)        Arresting law enforcement agency. – The law enforcement agency that makes the arrest of an accused.

(3)        Custodial agency. – The agency that has legal custody of an accused or defendant arising from a charge or conviction of a crime covered by this Article including, but not limited to, local jails or detention facilities, regional jails or detention facilities, facilities designated under G.S. 122C‑252 for the custody and treatment of involuntary clients, or the Division of Adult Correction of the Department of Public Safety.

(4)        Investigating law enforcement agency. – The law enforcement agency with primary responsibility for investigating the crime committed against the victim.

(5)        Law enforcement agency. – An arresting law enforcement agency, a custodial agency, or an investigating law enforcement agency.

(6)        Next of kin. – The victim's spouse, children, parents, siblings, or grandparents. The term does not include the accused unless the charges are dismissed or the person is found not guilty.

(7)        Victim. – A person against whom there is probable cause to believe one of the following crimes was committed:

a.         A Class A, B1, B2, C, D, or E felony.

b.         A Class F felony if it is a violation of one of the following: G.S. 14‑16.6(b); 14‑16.6(c); 14‑18; 14‑32.1(e); 14‑32.2(b)(3); 14‑32.3(a); 14‑32.4; 14‑34.2; 14‑34.6(c); 14‑41; 14‑43.3; 14‑43.11; 14‑190.17; 14‑190.19; 14‑202.1; 14‑277.3A; 14‑288.9; 20‑138.5; former G.S. 14‑190.19; or former G.S. 14‑277.3.

c.         A Class G felony if it is a violation of one of the following: G.S. 14‑32.3(b); 14‑51; 14‑58; 14‑87.1; or 20‑141.4.or 14‑87.1.

d.         A Class H felony if it is a violation of one of the following: G.S. 14‑32.3(a); 14‑32.3(c); 14‑33.2; 14‑34.6(b); 14‑190.17A; 14‑277.3A; former G.S. 14‑32.3(c); or former G.S. 14‑277.3.

e.         A Class I felony if it is a violation of one of the following: G.S. 14‑32.3(b); 14‑34.6(b); or 14‑190.17A. G.S. 14‑32.3(b).

f.          An attempt of any of the felonies listed in this subdivision if the attempted felony is punishable as a felony.

g.         Any of the following misdemeanor offenses when the offense is committed between persons who have a personal relationship as defined in G.S. 50B‑1(b): G.S. 14‑33(c)(1); 14‑33(c)(2); 14‑33(a); 14‑34; 14‑134.3; 14‑277.3A; or former G.S. 14‑277.3.

h.         Any violation of a valid protective order under G.S. 50B‑4.1.

(b)        If the victim is deceased, then the next of kin, in the order set forth in the definition contained in this section, is entitled to the victim's rights under this Article. However, the right contained in G.S. 15A‑834 may only be exercised by the personal representative of the victim's estate. An individual entitled to exercise the victim's rights as a member of the class of next of kin may designate anyone in the class to act on behalf of the class."

SECTION 2.1.(b)  This section does not affect the rights granted by Article 46 of Chapter 15A of the General Statutes to any person who was a victim as defined in G.S. 15A‑830 before the effective date of this section.

SECTION 2.2.  The title of G.S. 20‑28.9 reads as rewritten:

"§ 20‑28.9.  Authority for the Department of Public Instruction to administer a statewide or regional towing, storage, and sales program for driving while impaired vehicles forfeited."

SECTION 2.3.  G.S. 28A‑22‑7(c) is repealed.

SECTION 2.4.  G.S. 31‑33 reads as rewritten:

"§ 31‑33.  Cause transferred to trial docket.

The caveator's

(a)        Upon the filing of a caveat, the clerk shall transfer the cause to the superior court for trial by jury. The caveat shall be served upon all interested parties in accordance with G.S. 1A‑1, Rule 4 of the Rules of Civil Procedure.

(b)        After service under subsection (a) of this section, the caveator shall cause notice of a hearing to align the parties to be served upon all parties in accordance with G.S. 1A‑1, Rule 5 of the Rules of Civil Procedure. At the alignment hearing, all of the interested parties who wish to be aligned as parties shall appear and be aligned by the court as parties with the caveators or parties with the propounders of the will. If an interested party does not appear to be aligned or chooses not to be aligned, the judge shall dismiss that interested party from the proceeding, but that party shall be bound by the proceeding.

(c)        Within 30 days following the entry of an order aligning the parties, any interested party who was aligned may file a responsive pleading to the caveat, provided, however, that failure to respond to any averment or claim of the caveat shall not be deemed an admission of that averment or claim. An extension of time to file a responsive pleading to the caveat may be granted as provided by G.S. 1A‑1, Rule 6 of the Rules of Civil Procedure.

(d)        Upon motion of an aligned party, the court may require a caveator to provide security in such sum as the court deems proper for the payment of such costs and damages as may be incurred or suffered by the estate if the estate is found to have been wrongfully enjoined or restrained. The court may consider relevant facts related to whether a bond should be required and the amount of any such bond, including, but not limited to, (i) whether the estate may suffer irreparable injury, loss, or damage as a result of the caveat and (ii) whether the caveat has substantial merit. Provisions for bringing suit in forma pauperis apply to the provisions of this subsection."

SECTION 3.  G.S. 42A‑15 reads as rewritten:

"§ 42A‑15.  Trust account uses.

A landlord or real estate broker may require a tenant to pay all or part of any required rent, security deposit, or other fees permitted by law in advance of the commencement of a tenancy under this Chapter if these payments are expressly authorized in the vacation rental agreement. If the tenant is required to make any advance payments, other than a security deposit, whether the payment is denominated as rent or otherwise, the landlord or real estate broker shall deposit these payments in a trust account in an insured bank or savings and loan association in North Carolina no later than three banking days after the receipt of the these payments. These payments deposited in a trust account shall not earn interest unless the landlord and tenant agree in the vacation rental agreement that the payments may be deposited in an interest‑bearing account. The landlord and tenant shall also provide in the agreement to whom the accrued interest shall be disbursed."

SECTION 4.  G.S. 53‑244.111 reads as rewritten:

"§ 53‑244.111.  Prohibited acts.

In addition to the activities prohibited under other provisions of this Article, it shall be unlawful for any person in the course of any residential mortgage loan transaction:

(22)      For a person acting as a mortgage servicer to fail to mail, at least 45 days before foreclosure is initiated, a notice addressed to the borrower at the borrower's last known address with the following information:

a.         An itemization of all past due amounts causing the loan to be in default.

b.         An itemization of any other charges that must be paid in order to bring the loan current.

c.         A statement that the borrower may have options available other than foreclosure and that the borrower may discuss the options with the mortgage lender, the mortgage servicer, or a counselor approved by the U.S. Department of Housing and Urban Development (HUD).

d.         The address, telephone number, and other contact information for the mortgage lender, the mortgage servicer, or the agent for either of them who is authorized to attempt to work with the borrower to avoid foreclosure.

e.         The name, address, telephone number, and other contact information for one or more HUD‑approved counseling agencies operating to assist borrowers in North Carolina to avoid foreclosure.

f.          The address, telephone number, and other contact information for the consumer complaint section of the Office of the Commissioner of Banks.State Home Foreclosure Prevention Project of the Housing Finance Agency.

…."

SECTION 4.1.  G.S. 58‑50‑75(b) reads as rewritten:

"(b)      This Part applies to all insurers that offer a health benefit plan and that provide or perform utilization review pursuant to G.S. 58‑50‑61, the State Health Plan for Teachers and State Employees, and any optional plans or programs operating under Part 2 of Article 3A of Chapter 135 of the General Statutes, the North Carolina Health Insurance Risk Pool, and the Health Insurance Program for Children. Statutes. With respect to second‑level grievance review decisions, this Part applies only to second‑level grievance review decisions involving noncertification decisions."

SECTION 5.  G.S. 95‑111.4 reads as rewritten:

"§ 95‑111.4.  Powers and duties of Commissioner.

The Commissioner of Labor is hereby empowered:empowered to do all of the following:

(1)        To delegate to the Director of the Elevator and Amusement Device Division such powers, duties and responsibilities as the Commissioner determines will best serve the public interest in the safe operation of amusement devices;devices.

(2)        To supervise the Director of the Elevator and Amusement Device Division;Division.

(3)        To adopt, modify, or revoke such rules and regulations as are necessary for the purpose of carrying out the provisions of this Article including, but not limited to, those governing the design, construction, installation, plans review, testing, inspection, certification, operation, use, maintenance, alteration and relocation of devices subject to the provisions of this Article. The rules and regulations promulgated pursuant to this rulemaking authority shall conform with good engineering and safety standards, formulas and practices;practices.

(4)        To enforce rules and regulations adopted under authority of this Article;Article.

(5)        To inspect and have tested for acceptance all new and relocated devices subject to the provisions of this Article. Relocated amusement devices shall be inspected upon reassembly at each new location within this State; provided that the Commissioner may provide for less frequent inspections when he determines that the device is of such a type and its use is of such a nature that inspection less often than upon each reassembly would not expose the public to an unsafe condition likely to result in serious personal injury or property damage;damage.

(6)        To inspect amusement devices which have been substantially rebuilt or substantially modified so as to change the original action, structure or capacity of the device;device.

(7)        To make maintenance and periodic inspections and tests of all devices subject to the provisions of this Article. Devices located in amusement parks shall be inspected at least once annually;annually.

(8)        To issue certificates of operation which certify for use such devices as are found to be in compliance with this Article and the rules and regulations promulgated thereunder;thereunder.

(9)        To have reasonable access, with or without notice, to the devices subject to the provisions of this Article during reasonable hours, for purposes of inspection or testing;testing.

(10)      To obtain an Administrative Search and Inspection Warrant in accordance with the provisions of Article 4A of Chapter 15 of the General Statutes;Statutes.

(11)      To investigate accidents involving devices subject to the provisions of this Article to determine the cause of such the accident, and he the Commissioner shall have full subpoena powers in conducting such investigation;the investigation.

(12)      To institute proceedings in the civil courts of this State, when a provision of this Article or the rules and regulations promulgated thereunder has been violated;violated.

(13)      To adopt, modify or revoke rules and regulations governing the qualifications of inspectors;inspectors.

(14)      To grant exceptions from the requirements of the rules and regulations promulgated under authority of this Article and to permit the use of other devices when such these exceptions and uses will not expose the public to an unsafe condition likely to result in serious personal injury or property damage;damage.

(15)      To require that before any device subject to the provisions of this Article is erected in this State, or before any additions or alterations which substantially change such the device are made, or before the physical spacing between such the devices is changed, the owner or his the owner's authorized agent shall file with the Commissioner a written notice of his the owner's intention to do so and the type of device involved. Should circumstances necessitate, the Commissioner may require that such the owner or his the owner's authorized agent furnish a copy of the plans, diagrams, specifications or stress analyses of such the device before the inspection of same.the device. When such plans, diagrams, specifications or stress analyses are requested by the Commissioner, he the Commissioner shall review them within 10 days of receipt, and upon approval, he shall authorize the device for use by the public;public.

(16)      To prohibit the use of any device subject to the provisions of this Article which is found upon inspection to expose the public to an unsafe condition likely to cause personal injury or property damage. Such a device shall be made operational only upon the Commissioner's determination that such device it has been made safe;safe.

(17)      To order the payment of all civil penalties provided by this Article. The clear proceeds of funds collected pursuant to a civil penalty order shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2; andG.S. 115C‑457.2.

(18)      To coordinate enforcement and inspection activity relative to equipment, devices and operations covered by this Article in order to minimize duplication of liability or regulatory responsibility on the part of the employer or owner.

(19)      To establish fees not to exceed two hundred fifty dollars ($250.00) for the inspection and issuance of certificates of operation for devices subject to this Article that are in use."

SECTION 6.  G.S. 95‑148 reads as rewritten:

"§ 95‑148.  Safety and health programs of State agencies and local governments.

It shall be the responsibility of each administrative department, commission, board, division or other agency of the State and of counties, cities, towns and subdivisions of government to establish and maintain an effective and comprehensive occupational safety and health program which is consistent with the standards and regulations promulgated under this Article. The head of each agency shall:

(1)        Provide safe and healthful places and conditions of employment, consistent with the standards and regulations promulgated by this Article;Article.

(2)        Acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices reasonably necessary to protect employees;employees.

(3)        Consult with and encourage employees to cooperate in achieving safe and healthful working conditions;conditions.

(4)        Keep adequate records of all occupational accidents and illnesses for proper evaluation and corrective action;action.

(5)        Consult with the Commissioner as to the adequacy as to form and content of records kept pursuant to this section;section.

(6)        Make an annual report to the Commissioner with respect to occupational accidents and injuries and the agency's program under this section.

The Commissioner shall transmit annually to the Governor and the General Assembly a report of the activities of the State agency and instrumentalities under this section. If the Commissioner has reason to believe that any local government program or program of any agency of the State is ineffective, he the Commissioner shall, after unsuccessfully seeking by negotiations to abate such this failure, include this in his the Commissioner's annual report to the Governor and the General Assembly, together with the reasons therefor, and may recommend legislation intended to correct such the condition.

The Commissioner shall have access to the records and reports kept and filed by State agencies and instrumentalities pursuant to this section unless such records and reports are required to be kept secret in the interest of national defense, in which case the Commissioner shall have access to such information as will not jeopardize national defense.

Employees of any agency or department covered under this section are afforded the same rights and protections as granted employees in the private sector.

This section shall not apply to volunteer fire departments not a part of any municipality.

Any municipality with a population of 10,000 or less may exclude its fire department from the operation of this section by a resolution of the governing body of the municipality, except that the resolution may not exclude those firefighters who are employees of the municipality.

The North Carolina Fire and Rescue Commission shall recommend regulations and standards for fire departments."

SECTION 7.(a)  G.S. 111‑47.1 reads as rewritten:

"§ 111‑47.1.  Food service at North Carolina aquariums.

(a)        Notwithstanding Article 3 of Chapter 111 of the General Statutes,this Article, the North Carolina Aquariums may operate or contract for the operation of food or vending services at the North Carolina Aquariums. Notwithstanding G.S. 111‑43, the net proceeds of revenue generated by food and vending services that are provided at the North Carolina Aquariums and are operated by or whose operation is contracted for by the Division of North Carolina Aquariums shall be credited to the North Carolina Aquariums Fund.

(b)        This section shall not be construed to alter any contract for food or vending services at the North Carolina Aquariums that is in force at the time this section becomes law. on July 1, 1999."

SECTION 7.(b)  G.S. 111‑47.2 reads as rewritten:

"§ 111‑47.2.  Food service at museums and historic sites operated by the Department of Cultural Resources.

Notwithstanding Article 3 of Chapter 111 of the General Statutes, this Article, the North Carolina Department of Cultural Resources may operate or contract for the operation of food or vending services at museums and historic sites operated by the Department. Notwithstanding G.S. 111‑43, the net proceeds of revenue generated by food and vending services provided at museums and historic sites operated by the Department or a vendor with whom the Department has contracted shall be credited to the appropriate fund of the museum or historic site where the funds were generated and shall be used for the operation of that museum or historic site."

SECTION 8.  G.S. 113‑133.1(e) reads as rewritten:

"(e)       Because of strong community interest expressed in their retention, the local acts or portions of local acts listed in this section are not repealed. The following local acts are retained to the extent they apply to the county for which listed:

Alleghany: Session Laws 1951, Chapter 665; Session Laws 1977, Chapter 526; Session Laws 1979, Chapter 556.

Anson: Former G.S. 113‑111, as amended by Session Laws 1955, Chapter 286.

Ashe: Former G.S. 113‑111; Session Laws 1951, Chapter 665.

Avery: Former G.S. 113‑122.

Beaufort: Session Laws 1947, Chapter 466, as amended by Session Laws 1979, Chapter 219; Session Laws 1957, Chapter 1364; Session Laws 1971, Chapter 173.

Bertie: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 287.

Bladen: Public‑Local Laws 1933, Chapter 550, Section 2 (as it pertains to fox season); Session Laws 1961, Chapter 348 (as it applies to Bladen residents fishing in Robeson County); Session Laws 1961, Chapter 1023; Session Laws 1971, Chapter 384.

Brunswick: Session Laws 1975, Chapter 218.

Buncombe: Public‑Local Laws 1933, Chapter 308.

Burke: Public‑Local Laws 1921, Chapter 454; Public‑Local Laws 1921 (Extra Session), Chapter 213, Section 3 (with respect to fox seasons); Public‑Local Laws 1933, Chapter 422, Section 3; Session Laws 1977, Chapter 636.

Caldwell: Former G.S. 113‑122; Session Laws 1977, Chapter 636; Session Laws 1979, Chapter 507.

Camden: Session Laws 1955, Chapter 362 (to the extent it applies to inland fishing waters); Session Laws 1967, Chapter 441.

Carteret: Session Laws 1955, Chapter 1036; Session Laws 1977, Chapter 695.

Caswell: Public‑Local Laws 1933, Chapter 311; Public‑Local Laws 1937, Chapter 411.

Catawba: Former G.S. 113‑111, as amended by Session Laws 1955, Chapter 1037.

Chatham: Public‑Local Laws 1937 Chapter 236; Session Laws 1963, Chapter 271.

Chowan: Session Laws 1979, Chapter 184; Session Laws 1979, Chapter 582.

Cleveland: Public Laws 1907, Chapter 388; Session Laws 1951, Chapter 1101; Session Laws 1979, Chapter 587.

Columbus: Session Laws 1951, Chapter 492, as amended by Session Laws 1955, Chapter 506.

Craven: Session Laws 1971, Chapter 273, as amended by Session Laws 1971, Chapter 629.

Cumberland: Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 471.

Dare: Session Laws 1973, Chapter 259.

Davie: Former G.S. 113‑111, as amended by Session Laws 1947, Chapter 333.

Duplin: Session Laws 1965, Chapter 774; Session Laws 1973 (Second Session 1974), Chapter 1266; Session Laws 1979, Chapter 466.

Edgecombe: Session Laws 1961, Chapter 408.

Gates: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748.

Granville: Session Laws 1963, Chapter 670.

Greene: Session Laws 1975, Chapter 219; Session Laws 1979, Chapter 360.

Halifax: Public‑Local Laws 1925, Chapter 571, Section 3 (with respect to fox‑hunting seasons); Session Laws 1947, Chapter 954; Session Laws 1955, Chapter 1376.

Haywood: Former G.S. 113‑111, as modified by Session Laws 1963, Chapter 322.

Henderson: Former G.S. 113‑111.

Hertford: Session Laws 1959, Chapter 298; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67.

Hoke: Session Laws 1963, Chapter 267.

Hyde: Public‑Local Laws 1929, Chapter 354, Section 1 (as it relates to foxes); Session Laws 1951, Chapter 932.

Iredell: Session Laws 1979, Chapter 577.

Jackson: Session Laws 1965, Chapter 765.

Johnston: Session Laws 1975, Chapter 342.

Jones: Session Laws 1979, Chapter 441.

Lee: Session Laws 1963, Chapter 271; Session Laws 1977, Chapter 636.

Lenoir: Session Laws 1979, Chapter 441.

Lincoln: Public‑Local Laws 1925, Chapter 449, Sections 1 and 2; Session Laws 1955, Chapter 878.

Madison: Public‑Local Laws 1925, Chapter 418, Section 4; Session Laws 1951, Chapter 1040.

Martin: Session Laws 1955, Chapter 1376; Session Laws 1977, Chapter 636.

Montgomery: Session Laws 1977 (Second Session 1978), Chapter 1142.

Nash: Session Laws 1961, Chapter 408.

New Hanover: Session Laws 1971, Chapter 559; Session Laws 1975, Chapter 95.

Northampton: Session Laws 1955, Chapter 1376; Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 748; Session Laws 1977, Chapter 67; Session Laws 1979, Chapter 548.

Orange: Public‑Local Laws 1913, Chapter 547.

Pamlico: Session Laws 1977, Chapter 636.

Pender: Session Laws 1961, Chapter 333; Session Laws 1967, Chapter 229; Session Laws 1969, Chapter 258, as amended by Session Laws 1973, Chapter 420; Session Laws 1977, Chapter 585, as amended by Session Laws 1985, Chapter 421; Session Laws 1977, Chapter 805; Session Laws 1979, Chapter 546.

Perquimans: Former G.S. 113‑111; Session Laws 1973, Chapter 160; Session Laws 1973, Chapter 264.

Polk: Session Laws 1975, Chapter 397; Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.

Randolph: Public‑Local Laws 1941, Chapter 246; Session Laws 1947, Chapter 920.

Robeson: Public‑Local Laws 1924 (Extra Session), Chapter 92; Session Laws 1961, Chapter 348.

Rockingham: Former G.S. 113‑111; Public‑Local Laws 1933, Chapter 310.

Rowan: Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 106, and Session Laws 1977, Chapter 500; Session Laws 1979, Chapter 556.

Rutherford: Session Laws 1973, Chapter 114; Session Laws 1975, Chapter 397.Chapter 114.

Sampson: Session Laws 1979, Chapter 373.

Scotland: Session Laws 1959, Chapter 1143; Session Laws 1977, Chapter 436.

Stokes: Former G.S. 113‑111; Public‑Local Laws 1933, Chapter 310; Session Laws 1979, Chapter 556.

Surry: Public‑Local Laws 1925, Chapter 474, Section 6 (as it pertains to fox seasons); Session Laws 1975, Chapter 269, as amended by Session Laws 1977, Chapter 167.

Swain: Public‑Local Laws 1935, Chapter 52; Session Laws 1953, Chapter 270; Session Laws 1965, Chapter 765.

Transylvania: Public Laws 1935, Chapter 107, Section 2, as amended by Public Laws 1935, Chapter 238.

Tyrrell: Former G.S. 113‑111; Session Laws 1953, Chapter 685.

Wake: Session Laws 1973 (Second Session 1974), Chapter 1382.

Washington: Session Laws 1947, Chapter 620.

Wayne: Session Laws 1975, Chapter 269; Session Laws 1975, Chapter 342, as amended by Session Laws 1977, Chapter 43; Session Laws 1975, Chapter 343, as amended by Session Laws 1977, Chapter 45; Session Laws 1977, Chapter 695.

Wilkes: Former G.S. 113‑111, as amended by Session Laws 1971, Chapter 385; Session Laws 1951, Chapter 665; Session Laws 1973, Chapter 106; Session Laws 1979, Chapter 507.

Yadkin: Former G.S. 113‑111, as amended by Session Laws 1953, Chapter 199; Session Laws 1979, Chapter 507.

Yancey: Session Laws 1965, Chapter 522."

SECTION 9.  G.S. 115C‑325(h)(7) reads as rewritten:

"(7)      Within five days of being notified of the request for a hearing before a hearing officer, the Superintendent of Public Instruction shall submit to both parties a list of hearing officers trained and approved by the State Board of Education. Within five days of receiving the list, the parties may jointly select a hearing officer from that list, or, if the parties cannot agree to a hearing officer, each party may strike up to one‑third of the names on the list and submit its strikeout list to the Superintendent of Public Instruction. The Superintendent of Public Instruction shall then appoint a hearing officer from those individuals remaining on the list. Further, the parties may jointly agree on another hearing officer not on the State Board of Eduation's Education's list, provided that individual is available to proceed in a timely manner and is willing to accept the terms of appointment required by the State Board of Education. No person eliminated by the career employee or superintendent shall be designated as the hearing officer for that case."

SECTION 10.  G.S. 130A‑294.1(b) reads as rewritten:

"(b)      Funds collected pursuant to this section shall be used for personnel and other resources necessary to:

(1)        Provide a high level of technical assistance and waste minimization effort for the hazardous waste management program;program.

(2)        Provide timely review of permit applications;applications.

(3)        Insure that permit decisions are made on a sound technical basis and that permit decisions incorporate all conditions necessary to accomplish the purposes of this Part;Part.

(4)        Improve monitoring and compliance of the hazardous waste management program;program.

(5)        Increase the frequency of inspections;inspections.

(6)        Provide chemical, biological, toxicological, and analytical support for the hazardous waste management program; andprogram.

(7)        Provide resources for emergency response to imminent hazards associated with the hazardous waste management program;program.

(8)        Implement and provide oversight of necessary response activities involving inactive hazardous substance or waste disposal sites; sites.

(9)        Provide compliance and prevention activities within the solid waste program to ensure that hazardous waste is not disposed in solid waste management facilities."

SECTION 10.1.  G.S. 130A‑335(f1) reads as rewritten:

"(f1)     A preconstruction conference with the owner or developer, or an agent of the owner or developer, and a representative of the local health department shall be required for any authorization for wastewater system construction issued with an improvement permit under G.S. 130‑336 G.S. 130A‑336 when the authorization is greater than five years old. Following the conference, the local health department shall issue a revised authorization for wastewater system construction that includes current technology that can reasonably be expected to improve the performance of the system."

SECTION 11.  G.S. 136‑93(b) reads as rewritten:

"(b)      Except as provided in G.S. 136‑133.1(g), no vegetation, including any tree, shrub, or underbrush, in or on any right‑of‑way of a State road or State highway shall be planted, cut, trimmed, pruned, or removed without a written selective vegetation removal permit issued pursuant to G.S. 136‑133.2 and in accordance with the rules of the Department. Requests for a permit for selective vegetation cutting, thinning, pruning, or removal shall be made by the owner of an outdoor advertising sign or the owner of a business facility to the appropriate person in the Division of Highways office on a form prescribed by the Department. For purposes of this section, G.S. 136‑133.1, 136‑133.2, and 136‑133.4, the phrase "outdoor advertising" shall mean the outdoor advertising expressly permitted under G.S. 136‑129(a)(4) G.S. 136‑129(4) or G.S. 136‑129(a)(5). G.S. 136‑129(5). These provisions shall not be used to provide visibility to on‑premises signs."

SECTION 11.1.  G.S. 143‑52.2 is repealed.

SECTION 12.  G.S. 143‑151.57 reads as rewritten:

"§ 143‑151.57.  Fees.

(a)        Maximum Fees. – The Board may adopt fees that do not exceed the amounts set in the following table for administering this Article:

Item                                                                                                           Maximum Fee

Application for home inspector license                                                                     $35.00

Home inspector examination                                                                                     80.00

Issuance or renewal of home inspector license                                                         160.00

Late renewal of home inspector license                                                                      30.00

Application for course approval                                                                              150.00

Renewal of course approval                                                                                      75.00

Course fee, per credit hour per licensee                                                                       5.00

Credit for unapproved continuing education course                                                    50.00

Copies of Board rules or licensure standards                                                     Cost of printing

and mailing.

Or renewal 20.00 110.00 20.00

(b)        Subsequent Application. – An individual who applied for a license as a home inspector and who failed the home inspector examination is not required to pay an additional application fee if the individual submits another application for a license as a home inspector. The individual must pay the examination fee, however, to be eligible to take the examination again. An individual may take the examination only once every 180 days."

SECTION 13.  G.S. 143‑151.77 reads as rewritten:

"§ 143‑151.77.  Enforcement and penalties.

(a)        In addition to injunctive relief, the Commissioner may assess and collect a civil penalty against any person who violates any of the provisions of this Article or rules adopted pursuant to this Article, as provided in this subsection. section. The maximum civil penalty for a violation is five thousand dollars ($5,000). A civil penalty may be assessed from the date of the violation. Each day of a continuing violation may constitute a separate violation.

(b)        The Commissioner shall determine the amount of the civil penalty and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under Rule 4 of G.S. 1A‑1 and shall direct the violator to either pay the assessment or contest the assessment within 30 calendar days by filing a petition for a contested case under Article 3 of Chapter 150B of the General Statutes. If a violator does not pay a civil penalty assessed by the Commissioner within 30 calendar days after it is due, the Commissioner shall request that the Attorney General institute a civil action to recover the amount of the assessment. The civil action may be brought in the superior court of any county where the violation occurred. A civil action must be filed within one year of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment.

(c)        In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, the prior record of the violator in complying or failing to comply with this Article, and the action of the person to remedy the violation.

(d)        The clear proceeds of civil penalties collected by the Commissioner under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."

SECTION 14.  G.S. 150B‑41 reads as rewritten:

"§ 150B‑41.  Evidence; stipulations; official notice.

(a)        In all contested cases, irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in the trial division of the General Court of Justice shall be followed; but, when evidence is not reasonably available under such rules to show relevant facts, they may be shown by the most reliable and substantial evidence available. It shall not be necessary for a party or his attorney to object to evidence at the hearing in order to preserve the right to object to its consideration by the agency in reaching its decision, or by the court of judicial review.

(b)        Evidence in a contested case, including records and documents shall be offered and made a part of the record. Other factual information or evidence shall not be considered in determination of the case, except as permitted under G.S. 150B‑30. subsection (d) of this section. Documentary evidence may be received in the form of a copy or excerpt or may be incorporated by reference, if the materials so incorporated are available for examination by the parties. Upon timely request, a party shall be given an opportunity to compare the copy with the original if available.

(c)        The parties in a contested case under this Article by a stipulation in writing filed with the agency may agree upon any fact involved in the controversy, which stipulation shall be used as evidence at the hearing and be binding on the parties thereto. Parties should agree upon facts when practicable. Except as otherwise provided by law, disposition may be made of a contested case by stipulation, agreed settlement, consent order, waiver, default, or other method agreed upon by the parties.

(d)        Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the agency. The noticed fact and its source shall be stated and made known to affected parties at the earliest practicable time, and any party shall on timely request be afforded an opportunity to dispute the noticed fact through submission of evidence and argument. An agency may use its experience, technical competence, and specialized knowledge in the evaluation of evidence presented to it."

SECTION 15.(a)  G.S. 153A‑357(d) is repealed.

SECTION 15.(b)  G.S. 160A‑417(c) is repealed.

SECTION 15.1.  G.S. 160A‑58.64 reads as rewritten:

"§ 160A‑58.64.  Referendum prior to involuntary annexation ordinance.

(a)        After the adoption of the resolution of intent under this Part, the municipality shall place the question of annexation on the ballot. The municipal governing board shall notify the appropriate county board or boards of elections of the adoption of the resolution of intent and provide a legible map and clear written description of the proposed annexation area.

(b)        In accordance with G.S. 163‑58.55, G.S. 160A‑58.55, the municipal governing board shall adopt a resolution setting the date for the referendum and so notify the appropriate county board or boards of elections.

(c)        The county board or boards of elections shall cause legal notice of the election to be published. That notice shall include the general statement of the referendum. The referendum shall be conducted, returned, and the results declared as in other municipal elections in the municipality. Only registered voters of the proposed annexation area shall be allowed to vote on the referendum.

(d)        The referendum of any number of proposed involuntary annexations may be submitted at the same election; but as to each proposed involuntary annexation, there shall be an entirely separate ballot question.

(e)        The ballots used in a referendum shall submit the following proposition:

"[ ] FOR           [ ] AGAINST

The annexation of (clear description of the proposed annexation area)."

(f)         If less than a majority of the votes cast on the referendum are for annexation, the municipal governing body may not proceed with the adoption of the annexation ordinance or begin a separate involuntary annexation process with respect to that proposed annexation area for at least 36 months from the date of the referendum. If a majority of the votes cast on the referendum are for annexation, the municipal governing body may proceed with the adoption of the annexation ordinance under G.S. 160A‑58.55."

SECTION 16.(a)  On March 13, 1895, the General Assembly enacted "An act to incorporate the town of Columbus." The act was published in the 1895 "Private Laws of North Carolina," appearing on pages 404 through 406. The session law designation that appears at the beginning of the act is "Chapter 354," although (i) the act is physically located between Chapters 253 and 255, and (ii) pages 404 through 406 have a running header showing Chapter 254 as the session law contained on those pages. There is otherwise no Chapter 254 in the 1895 "Private Laws of North Carolina," and the last session law in that volume is Chapter 353. It therefore appears that the intended session law designation for the act was Chapter 254 and that the published session law number contains a typographical error. The act has been cited at least once in a subsequent session law as "Chapter 354 of the Private Laws of 1895" and was repealed in Chapter 46 of the 1985 Session Laws ("An act to revise and consolidate the charter of the town of Columbus").

SECTION 16.(b)  To remove any ambiguity, any reference to "Chapter 354" of the 1895 Private Laws of this State or to "Chapter 254" of the 1895 Private Laws of this State shall be construed as a reference to the act enacted by the General Assembly on March 13, 1895, entitled "An act to incorporate the town of Columbus."

SECTION 16.1.  Section 5 of S.L. 2011‑84 reads as rewritten:

"SECTION 5. Sections 2, 3, and 4 of this act do not apply to a city or joint agency providing communications service as of January 1, 2011, provided the city or joint agency limits the provision of communications service as provided in G.S. 160A‑340.2(c). In the event a city subject to the exemption set forth in this section provides communications service to a customer outside the limits set forth in G.S. 160A‑340(c), G.S. 160A‑340.2(c), the city shall have 30 days from the date of notice or discovery to cease providing service to the customer without loss of the exemption."

SECTION 17.  Section 60(c) of S.L. 2013‑413 reads as rewritten:

"SECTION 60.(c) This act Part becomes effective July 1, 2015."

 

PART II. ADDITIONAL TECHNICAL CORRECTIONS AND OTHER AMENDMENTS

SECTION 18.  G.S. 1‑72.2 reads as rewritten:

"§ 1‑72.2.  Standing of legislative officers.

The Speaker of the House of Representatives and the President Pro Tempore of the Senate, as agents of the State, shall jointly have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina Constitution. The procedure for interventions at the trial level in State court shall be that set forth in Rule 29 Rule 24 of the Rules of Civil Procedure. The procedure for interventions at the appellate level in State court shall be by motion in the appropriate appellate court or by any other relevant procedure set forth in the Rules of Appellate Procedure."

SECTION 18.5.  G.S. 1A‑1, Rule 8(a), reads as rewritten:

"(a)       Claims for relief. – A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third‑party claim shall contain

(1)        A short and plain statement of the claim sufficiently particular to give the court and the parties notice of the transactions, occurrences, or series of transactions or occurrences, intended to be proved showing that the pleader is entitled to relief, and

(2)        A demand for judgment for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded. In all negligence actions, and in all claims for punitive damages in any civil action, wherein the matter in controversy exceeds the sum or value of ten thousand dollars ($10,000),twenty‑five thousand dollars ($25,000), the pleading shall not state the demand for monetary relief, but shall state that the relief demanded is for damages incurred or to be incurred in excess of ten thousand dollars ($10,000).twenty‑five thousand dollars ($25,000). However, at any time after service of the claim for relief, any party may request of the claimant a written statement of the monetary relief sought, and the claimant shall, within 30 days after such service, provide such statement, which shall not be filed with the clerk until the action has been called for trial or entry of default entered. Such statement may be amended in the manner and at times as provided by Rule 15."

SECTION 19.(a)  G.S. 7A‑228 reads as rewritten:

"§ 7A‑228.  New trial before magistrate; appeal for trial de novo; how appeal perfected; oral notice; dismissal.

(d)        When a defendant in a summary ejectment action has given notice of appeal and perfected the appeal in accordance with G.S. 7A‑228(b), the plaintiff may serve upon the defendant a motion to dismiss the appeal if the defendant:

(1)        Failed to raise a defense orally or in writing in the small claims court;

(2)        Failed to file a motion, answer, or counterclaim in the district court; and

(3)        Failed to make any payment due under any applicable bond to stay execution of the judgment for possession.comply with any obligation set forth in the Bond to Stay Execution on Appeal of Summary Ejectment Judgment entered by the court.

The motion to dismiss the appeal shall list all of the deficiencies committed by the defendant, as described in subdivisions (1), (2), and (3) of this subsection, and shall state that the court will decide the motion to dismiss without a hearing if the defendant fails to respond within 10 days of receipt of the motion. The defendant may defeat the motion to dismiss by responding within 10 days of receipt of the motion by doing any of the following acts: (i) filing a responsive motion, answer, or counterclaim and serving the plaintiff with a copy thereof or (ii) paying the amount due under the bond to stay execution.execution, if any amount is owed by the defendant. If the defendant is not required by law to make any payment under the bond to stay execution, the court shall not use the failure to make a payment as a basis to dismiss the appeal. The court shall review the file, determine whether the motion satisfies the requirements of this subsection, determine whether the defendant has made a sufficient response to defeat the motion, and shall enter an order resolving the matter without a hearing."

SECTION 19.(b)  This section becomes effective October 1, 2014, and applies to all actions for summary ejectment filed on or after that date.

SECTION 20.  G.S. 7A‑273(2) reads as rewritten:

"(2)      In misdemeanor or infraction cases involving alcohol offenses under Chapter 18B of the General Statutes, traffic offenses, hunting, fishing, State park and recreation area rule offenses under Chapter 113 of the General Statutes, boating offenses under Chapter 75A of the General Statutes, open burning offenses under Article 78 of Chapter 106 of the General Statutes, and littering offenses under G.S. 14‑399(c) and G.S. 14‑399(c1), to accept written appearances, waivers of trial or hearing and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Judges pursuant to G.S. 7A‑148, and in such cases, to enter judgment and collect the fines or penalties and costs;".

SECTION 21.  G.S. 7B‑603(b) reads as rewritten:

"(b)      An attorney or guardian ad litem appointed pursuant to G.S. 7B‑602 or pursuant to any other provision of the Juvenile Code for which the Office of Indigent Defense Services is responsible for providing counsel shall be paid a reasonable fee in accordance with rules adopted by the Office of Indigent Defense Services."

SECTION 22.  Reserved.

SECTION 23.(a)  G.S. 14‑258.1, as amended by S.L. 2014‑3, reads as rewritten:

"§ 14‑258.1.  Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities; furnishing tobacco products including vapor products; or furnishing mobile phones to inmates.

(c)        Any person who knowingly gives or sells any tobacco products, including vapor products, as defined in G.S. 148‑23.1, to an inmate in the custody of the Division of Adult Correction of the Department of Public Safety and on the premises of a correctional facility or to an inmate in the custody of a local confinement facility, or any person who knowingly gives or sells any tobacco products, including vapor products, to a person who is not an inmate for delivery to an inmate in the custody of the Division of Adult Correction of the Department of Public Safety and on the premises of a correctional facility or to an inmate in the custody of a local confinement facility, other than for authorized religious purposes, is guilty of a Class 1 misdemeanor.

(e)        Any inmate of a local confinement facility who possesses any tobacco products, including vapor products, as defined in G.S. 148‑23.1, other than for authorized religious purposes, or who possesses a mobile telephone or other wireless communications device or a component of one of those devices, is guilty of a Class 1 misdemeanor.

(f)         Notwithstanding subsection (c) of this section, local confinement facilities may give or sell vapor products or FDA‑approved tobacco cessation products, such as over‑the‑counter nicotine replacement therapies, including nicotine gum, patches, and lozenges, to inmates while in the custody of the local confinement facility."

SECTION 23.(b)  This section becomes effective December 1, 2014, and applies to offenses committed on or after that date.  If Senate Bill 594, 2013 Regular Session, becomes law, and if it amends G.S. 14‑258.1 to add a new subsection (f), the subsection (f) enacted in subsection (a) of this section is redesignated as subsection (g).

SECTION 23.5.(a)  G.S. 14-404(c1), as enacted by Section 17.2(a) of S.L. 2013‑369, reads as rewritten:

"(c1)     Excluding Saturdays, Sundays, and holidays, not later than 48 hours after receiving notice of any of the judicial findings, court orders, or other factual matters, relevant to any of the disqualifying conditions specified in subsection (c) of this section, the clerk of superior court shall determine which information can practicably be transmitted to the National Instant Criminal Background Check System (NICS)the clerk of superior court shall cause a record of the determination or finding to be transmitted to the National Instant Criminal Background Check System (NICS). and shall transmit that information to NICS within 48 hours of that determination. The record information shall include a reference to the relevant statutory provision of G.S. 14‑404 that precludes the issuance of a permit. The 48‑hour period for transmitting a record of a judicial determination or finding to the NICS under this subsection begins upon receipt by the clerk of a copy of the judicial determination or finding."

SECTION 23.5.(b)  By October 1, 2014, the Administrative Office of the Courts shall report to the Joint Legislative Oversight Committee on Justice and Public Safety its findings and recommendations regarding the information required under G.S. 14‑404(c1) that can practicably be transmitted to the National Instant Criminal Background Check System (NICS).

SECTION 23.5.(c)  Section 17.2(c) of S.L. 2013-369 reads as rewritten:

"SECTION 17.2.(c)  G.S. 14‑404(c1), as enacted by subsection (a) of this section, becomes effective July 1, 2014. January 1, 2015. The remainder of G.S. 14-404, as enacted by subsection (a) of this section, becomes effective October 1, 2013. The remainder of this section is effective when it becomes law."

SECTION 23.5.(d)  Section 17.2(b) of S.L. 2013‑369 is repealed.

SECTION 23.5.(e)  Subsection (c) of this section becomes effective July 1, 2014. Subsection (a) of this section becomes effective January 1, 2015. The remainder of this section is effective when it becomes law.

SECTION 24.(a)  G.S. 14‑415.14(a) reads as rewritten:

"(a)       The sheriff shall make permit applications readily available at the office of the sheriff or at other public offices in the sheriff's jurisdiction. The permit application shall be in triplicate, in a form to be prescribed by the Administrative Office of the Courts,State Bureau of Investigation, and shall include the following information with regard to the applicant: name, address, physical description, signature, date of birth, social security number, military status, law enforcement status, and the drivers license number or State identification card number of the applicant if used for identification in applying for the permit."

SECTION 24.(b)  G.S. 14‑415.17 reads as rewritten:

"§ 14‑415.17.  Permit; sheriff to retain a list of permittees; confidentiality of list and permit application information; availability to law enforcement agencies.

(a)        The permit shall be in a certificate form, as prescribed by the Administrative Office of the Courts, State Bureau of Investigation, that is approximately the size of a North Carolina drivers license. It shall bear the signature, name, address, date of birth, and the drivers license identification number used in applying for the permit.

(b)        The sheriff shall maintain a listing, including the identifying information, of those persons who are issued a permit. Within five days of the date a permit is issued, the sheriff shall send a copy of the permit to the State Bureau of Investigation.

(c)        Except as provided otherwise by this subsection, the list of permit holders and the information collected by the sheriff to process an application for a permit are confidential and are not a public record under G.S. 132‑1. The sheriff shall make the list of permit holders and the permit information available upon request to all State and local law enforcement agencies. The State Bureau of Investigation shall make the list of permit holders and the information collected by the sheriff to process an application for a permit available to law enforcement officers and clerks of court on a statewide system."

SECTION 24.5.  G.S. 15‑11.1(b1)(4) reads as rewritten:

"(4)  By ordering the firearm turned over to a law enforcement agency in the county of trial for (i) the official use of the agency or (ii) sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws. The court may order a disposition of the firearm pursuant to this subdivision only upon the written request of the head or chief of the law enforcement agency and only if the firearm has a legible, unique identification number. If the law enforcement agency sells the firearm, then the proceeds of the sale shall be remitted to the appropriate county finance officer as provided by G.S. 115C‑452 to be used to maintain free public schools. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this subdivision."

SECTION 25.  Reserved.

SECTION 26. Reserved.

SECTION 27.(a)  G.S. 15A‑150 reads as rewritten:

"§ 15A‑150.  Notification requirements.

(a)        Notification to AOC. – The clerk of superior court in each county in North Carolina shall, as soon as practicable after each term of court, file with the Administrative Office of the Courts the names of the following:

(1)        Persons granted an expunction under this Article.

(2)        Persons granted a conditional discharge under G.S. 14‑50.29.

(3)        Persons granted a conditional discharge under G.S. 90‑96 or G.S. 90‑113.14.

(4)        Repealed by Session Laws 2010‑174, s. 7, effective October 1, 2010.

(5)        Persons granted a conditional discharge under G.S. 14‑204.

(b)        Notification to Other State and Local Agencies. – The clerk of superior court in each county in North Carolina shall send a certified copy of an order granting an expunction to a person named in subsection (a) of this section to all of the agencies listed in this subsection. An agency receiving an order under this subsection shall expunge from its records all entries made as a result of the charge or conviction ordered expunged, except as provided in G.S. 15A‑151. The list of agencies is as follows:

(1)        The sheriff, chief of police, or other arresting agency.

(2)        When applicable, the Division of Motor Vehicles and the Division of Adult Correction of the Department of Public Safety.

(3)        Any State or local agency identified by the petition as bearing record of the offense that has been expunged.

(4)        The State Bureau of Investigation (SBI).

(c)        Notification to SBI and FBI. – An arresting agency that receives a certified copy of an order under this section shall forward a copy of the order with the form supplied by the State Bureau of Investigation to the State Bureau of Investigation. The State Bureau of Investigation shall forward the order received under this section to the Federal Bureau of Investigation.

(d)        Notification to Private Entities. – A State agency that receives a certified copy of an order under this section shall notify any private entity with which it has a licensing agreement for bulk extracts of data from the agency criminal record database to delete the record in question. The private entity shall notify any other entity to which it subsequently provides in a bulk extract data from the agency criminal database to delete the record in question from its database."

SECTION 27.(b)  This section becomes effective December 1, 2014, and applies to petitions filed on or after that date.

SECTION 28.(a)  G.S. 15A‑1368.4(d) reads as rewritten:

"(d)      Reintegrative Conditions. – Appropriate reintegrative conditions, for which a supervisee may receive earned time credits against the length of the supervision period, and repeated violation that may result in revocation of post‑release supervision, are:

….

(5)        In the case of a supervisee who attended a basic skills program during incarceration, continue attending a basic skills program in pursuit of a General Education Development Degreean adult high school equivalency diploma or adult high school diploma."

SECTION 28.(b)  G.S. 15A‑1374(b) reads as rewritten:

"(b)      Appropriate Conditions. – As conditions of parole, the Commission may require that the parolee comply with one or more of the following conditions:

(11c)    In the case of a parolee who was attending a basic skills program during incarceration, continue attending a basic skills program in pursuit of a General Education Development Degree an adult high school equivalency diploma or adult high school diploma.

…."

SECTION 28.(c) G.S. 90‑113.40(d1) reads as rewritten:

"(d1)    The Board shall issue a certificate certifying an applicant as a "Certified Criminal Justice Addictions Professional", with the acronym "CCJP", if in addition to meeting the requirements of subdivisions (a)(1) through (5a) of this section, the applicant:

(3)        Has provided documentation of supervised work experience providing direct service to clients or offenders involved in one of the three branches of the criminal justice system, which include law enforcement, the judiciary, and corrections. The applicant must meet one of the following criteria:

a.         Criteria A. – In addition to having a high school degree diploma or GED, an adult high school equivalency diploma, the applicant has a minimum of 6,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services that have been obtained during the past 10 years.

b.         Criteria B. – In addition to having an associate degree, the applicant has a minimum of 5,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services obtained during the past 10 years.

c.         Criteria C. – In addition to having at least a bachelors degree, the applicant has a minimum of 4,000 hours of documented work experience in direct services in criminal justice or addictions services, or any combination of these services, and this experience has been obtained during the past 10 years.

d.         Criteria D. – In addition to having at least a masters degree in a human services field, the applicant has a minimum of 2,000 hours of documented work experience in direct services in criminal justice or addictions services or any combination of these services that has been obtained during the past 10 years.

e.         Criteria E. – In addition to having at least a masters degree in a human services field with a specialty from a regionally accredited college or university that includes 180 hours of substance abuse specific education or training, the applicant has a minimum of 2,000 hours of postgraduate supervised substance abuse counseling experience.

f.          Criteria F. – In addition to having obtained the credential of a certified clinical addictions specialist or other advanced credential in a human services field from an organization that has obtained deemed status with the Board, the applicant has a minimum of 1,000 hours of documented work experience in direct services in criminal justice or addictions services that has been obtained during the past 10 years.

…."

SECTION 28.(d)  G.S. 108A‑29(n) reads as rewritten:

"(n)       If after evaluation of an individual the Division of Employment Security believes it necessary, the Division or the county department of social services also may refer an individual to a Job Preparedness provider. The local community college should include General Education Development, adult high school equivalency diploma, Adult Basic Education, or Human Resources Development programs that are already in existence as a part of the Job Preparedness component. Additionally, the Division or the county department of social services may refer an individual to a literacy council. Through a Memorandum of Understanding between the Division of Employment Security, the local department of social services, and other contracted entities, a system shall be established to monitor an individual's progress through close communications with the agencies assisting the individual. The Division of Employment Security or Job Preparedness provider shall adopt rules to accomplish this subsection."

SECTION 28.(e)  G.S. 115D‑5(s) reads as rewritten:

"(s)       The State Board of Community Colleges may establish, retain and budget fees charged to students taking the General Education Development (GED) an adult high school equivalency diploma test, including fees for retesting. Fees collected for this purpose shall be used only to (i) offset the costs of the GED test, including the cost of scoring the test, (ii) offset the costs of printing GED certificates, adult high school equivalency diplomas, and (iii) meet federal and State reporting requirements related to the test."

SECTION 28.(f)  G.S. 115D‑31.3(e) reads as rewritten:

"(e)       Mandatory Performance Measures. – The State Board of Community Colleges shall evaluate each college on the following eight performance measures:

….

(2)        Attainment of General Educational Development (GED) adult high school equivalency diplomas by students.

…."

SECTION 28.(g)  G.S. 116‑143.4 reads as rewritten:

"§ 116‑143.4.  Admissions status of persons charged in‑State tuition.

A person eligible for the in‑State tuition rate pursuant to this Article shall be considered an in‑State applicant for the purpose of admission; provided that, a person eligible for in‑State tuition pursuant to G.S. 116‑143.3(c) shall be considered an in‑State applicant for the purpose of admission only if at the time of seeking admission he is enrolled in a high school located in North Carolina or enrolled in a general education development (GED) an adult high school equivalency diploma program in an institution located in this State."

SECTION 28.(h)  G.S. 162‑59.1 reads as rewritten:

"§ 162‑59.1.  Person having custody to approve prisoners for participation in education and other programs.

The person having custody of a prisoner convicted of a misdemeanor offense may approve that prisoner's participation in a general education development diploma program (GED program) an adult high school equivalency diploma program or in any other education, rehabilitation, or training program. The person having custody of the prisoner may revoke this approval at any time. For purposes of this section, the person having custody of the prisoner is the sheriff, except that when the prisoner is confined in a district confinement facility the person having custody of the prisoner is the jail administrator."

SECTION 28.(i)  G.S. 162‑60 reads as rewritten:

"§ 162‑60.  Reduction in sentence allowed for work, education, and other programs.

(a)        A prisoner who has faithfully performed the duties assigned to the prisoner under G.S. 162‑58 is entitled to a reduction in the prisoner's sentence of four days for each 30 days of work performed.

(b)        A prisoner who is convicted of a misdemeanor offense and housed in a local confinement facility and who faithfully participates in a general education development diploma program (GED program) an adult high school equivalency diploma program or in any other education, rehabilitation, or training program is entitled to a reduction in the prisoner's sentence of four days for each 30 days of classes attended, up to the maximum credit allowed under G.S. 15A‑1340.20(d).

(c)        The person having custody of the prisoner, as defined in G.S. 162‑59, is the sole judge as to whether the prisoner has faithfully performed the assigned duties under G.S. 162‑58 or has faithfully participated in a GED an adult high school equivalency diploma program or other education, rehabilitation, or training program under subsection (b) of this section. A prisoner who escapes or attempts to escape while performing work pursuant to G.S. 162‑58 or while participating in a GED an adult high school equivalency diploma program or other education, rehabilitation, or training program shall forfeit any reduction in sentence that the prisoner would have been entitled to under this section."

SECTION 28.2.(a)  G.S. 18B‑1001 reads as rewritten:

"§ 18B‑1001.  Kinds of ABC permits; places eligible.

When the issuance of the permit is lawful in the jurisdiction in which the premises are located, the Commission may issue the following kinds of permits:

(1)        On‑Premises Malt Beverage Permit. – An on‑premises malt beverage permit authorizes (i) the retail sale of malt beverages for consumption on the premises, (ii) the retail sale of malt beverages in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of malt beverages in a cleaned, sanitized, resealable container as defined in 4 NCAC 2T.0308(a) that is filled or refilled and sealed for consumption off the premises, complies with 4 NCAC 2T.0303, 4 NCAC 2T.0305, and 4 NCAC 2T.0308(d)‑(e), and the container identifies the permittee and the date the container was filled or refilled. It also authorizes the holder of the permit to ship malt beverages in closed containers to individual purchasers inside and outside the State. The permit may be issued for any of the following:

a.         Restaurants;

b.         Hotels;

c.         Eating establishments;

d.         Food businesses;

e.         Retail businesses;

f.          Private clubs;

g.         Convention centers;

h.         Community theatres;

i.          Breweries as authorized by G.S. 18B‑1104(7).G.S. 18B‑1104(7) and (8).

…."

SECTION 28.2.(b)  G.S. 18B‑1114.5 reads as rewritten:

"§ 18B‑1114.5.  Authorization of malt beverage special event permit.

(a)        Authorization. – The holder of a brewery, malt beverage importer, or nonresident malt beverage vendor permit may obtain a malt beverage special event permit allowing the permittee to give free tastings of its malt beverages and to sell its malt beverages by the glass or in closed containers at trade shows, conventions, shopping malls, malt beverage festivals, street festivals, holiday festivals, agricultural festivals, balloon races, local fund‑raisers, and other similar events approved by the Commission. Except for a brewery operating under the provisions of G.S. 18B‑1104(7),G.S. 18B‑1104(8), all malt beverages sampled or sold pursuant to this section must be purchased from a licensed malt beverages wholesaler.

(b)        Limitation. – A malt beverage special event permit is valid only in a jurisdiction that has approved the establishment of ABC stores or has approved the sale of malt beverages. A malt beverage special event shall not be used as subterfuge for malt beverages suppliers to ship directly to retail permittees unless otherwise authorized by law."

SECTION 28.2.(c)  G.S. 18B‑1116 reads as rewritten:

"§ 18B‑1116.  Exclusive outlets prohibited.

(a)        Prohibitions. – It shall be unlawful for any manufacturer, bottler, or wholesaler of any alcoholic beverages, or for any officer, director, or affiliate thereof, either directly or indirectly to:

(1)        Require that an alcoholic beverage retailer purchase any alcoholic beverages from that person to the full or partial exclusion of any other alcoholic beverages offered for sale by other persons in this State; or

(2)        Have any direct or indirect financial interest in the business of any alcoholic beverage retailer in this State or in the premises where the business of any alcoholic beverage retailer in this State is conducted; or

(3)        Lend or give to any alcoholic beverage retailer in this State or his employee or to the owner of the premises where the business of any alcoholic beverage retailer in this State is conducted, any money, service, equipment, furniture, fixtures or any other thing of value.

A brewery qualifying under G.S. 18B‑1104(7)G.S. 18B‑1104(8) to act as a wholesaler or retailer of its own malt beverages is not subject to the provisions of this subsection concerning financial interests in, and lending or giving things of value to, a wholesaler or retailer with respect to the brewery's transactions with the retail business on its premises. The brewery is subject to the provisions of this subsection, however, with respect to its transactions with all other wholesalers and retailers.

(b)        Exemptions. – The Commission may grant exemptions from the provisions of this section. In determining whether to grant an exemption, the Commission shall consider the public welfare, the quantity and value of articles involved, established trade customs not contrary to the public interest, and the purposes of this section.

(c)        As used in this section, the phrase "giving things of value" shall not include the dividing or removing of individual containers of alcohol from larger packages of alcohol or the delivery of such to the retail permittee."

SECTION 28.3.  G.S. 20‑4.01 reads as rewritten:

"§ 20‑4.01.  Definitions.

Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:

(41a)    Serious Traffic Violation. – A conviction of one of the following offenses when operating a commercial or other motor vehicle:

a.         Excessive speeding, involving a single charge of any speed 15 miles per hour or more above the posted speed limit.

b.         Careless and reckless driving.

c.         A violation of any State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident.

d.         Improper or erratic lane changes.

e.         Following the vehicle ahead too closely.

f.          Driving a commercial motor vehicle without obtaining a commercial drivers license.

g.         Driving a commercial motor vehicle without a commercial drivers license in the driver's possession.

h.         Driving a commercial motor vehicle without the proper class of commercial drivers license or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported.

i.          Unlawful use of a mobile telephone under G.S. 20‑137.4A  or  Part 390 or Part 392 of Title 49 of the Code of Federal Regulations while operating a commercial motor vehicle.

…."

SECTION 28.5.(a)  G.S. 20‑37.13(a) reads as rewritten:

"(a)       No person shall be issued a commercial drivers license unless the person:person meets all of the following requirements:

(1)        Is a resident of this State;State.

(2)        Is 21 years of age;age.

(3)        Has passed a knowledge test and a skills test for driving a commercial motor vehicle that comply with minimum federal standards established by federal regulation enumerated in 49 C.F.R., Part 383, Subparts F, G and H; and Subparts F, G, and H.

(4)        Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act in addition to other requirements of this Chapter or federal regulation.

(5)        Has held a commercial learner's permit for a minimum of 14 days.

For the purpose of skills testing and determining commercial drivers license classification, only the manufacturer's GVWR shall be used.

The tests shall be prescribed and conducted by the Division. Provided, a person who is at least 18 years of age may be issued a commercial drivers license if the person is exempt from, or not subject to, the age requirements of the federal Motor Carrier Safety Regulations contained in 49 C.F.R., Part 391, as adopted by the Division."

SECTION 28.5.(b)  G.S. 20‑37.13 is amended by adding two new subsections to read:

"(g)       The issuance of a commercial driver learner's permit is a precondition to the initial issuance of a commercial drivers license. The issuance of a commercial driver learner's permit is also a precondition to the upgrade of a commercial drivers license if the upgrade requires a skills test.

(h)        The Division shall promptly notify any driver who fails to meet the medical certification requirements in accordance with 49 C.F.R. § 383.71. The Division shall give the driver 60 days to provide the required documentation. If the driver fails to provide the required commercial drivers license medical certification documentation within the period allowed, the Division shall automatically downgrade a commercial drivers license to a class C regular drivers license."

SECTION 29.(a)  G.S. 20‑58.4A(a) reads as rewritten:

"(a)       Implementation. – No later than July 1, 2014, January 1, 2015, the Division shall implement a statewide electronic lien system to process the notification, release, and maintenance of security interests and certificate of title data where a lien is notated, through electronic means instead of paper documents otherwise required by this Chapter. The Division may contract with a qualified vendor or vendors to develop and implement this statewide electronic lien system, or the Division may develop and make available to qualified service providers a well‑defined set of information services that will enable secure access to the data and internal application components necessary to facilitate the creation of an electronic lien system."

SECTION 29.(b)  G.S. 20‑58.4A(i) reads as rewritten:

"(i)        Mandatory Participation. – Beginning July 1, 2015, January 1, 2016, all individuals and lienholders who are normally engaged in the business or practice of financing motor vehicles, and who conduct at least five transactions annually, shall utilize the electronic lien system implemented in subsection (a) of this section to record information concerning the perfection and release of a security interest in a vehicle."

SECTION 30.  Reserved.

SECTION 31.  G.S. 24‑1.1A(e) reads as rewritten:

"(e)       The term "home loan" shall mean a loan, other than an open‑end credit plan, where the principal amount is less than three hundred thousand dollars ($300,000) secured by a first mortgage or first deed of trust on real estate upon which there is located or there is to be located one or more single‑family dwellings or dwelling units.units or secured by an equivalent first security interest in a manufactured home."

SECTION 32.  Reserved.

SECTION 32.5.  G.S. 28A‑21‑2.2(a)(2) reads as rewritten:

"(2)      The date by which an action for recovery of a rejected claim must be commenced under G.S. 28A‑19‑6.G.S. 28A‑19‑16."

SECTION 33.(a)  Article 2 of Chapter 39 of the General Statutes is amended by adding a new section to read:

 "§ 39‑13.7.  Tenancy by the entireties trusts in real property.

Any real property held by a husband and wife as a tenancy by the entireties and conveyed to their joint revocable or irrevocable trust, or to their separate revocable or irrevocable trusts, shall have the same immunity from the claims of the spouses' separate creditors as would exist if the spouses had continued to hold the property as a tenancy by the entireties, so long as (i) the spouses remain husband and wife, (ii) the real property continues to be held in the trust or trusts, and (iii) the spouses remain the beneficial owners of the real property."

SECTION 33.(b)  This section becomes effective January 1, 2015, and applies to real property transferred to a trust on or after that date.

SECTION 34.  Reserved.

SECTION 35.(a)  G.S. 44A‑11.1(a) reads as rewritten:

"§ 44A‑11.1.  Lien agent; designation and duties.

(a)        With regard to any improvements to real property to which this Article is applicable for which the costs of the undertaking are thirty thousand dollars ($30,000) or more, either at the time that the original building permit is issued or, in cases in which no building permit is required, at the time the contract for the improvements is entered into with the owner, the owner shall designate a lien agent no later than the time the owner first contracts with any person to improve the real property. Provided, however, that the owner is not required to designate a lien agent for improvements to an existing single‑family residential dwelling unit as defined in G.S. 87‑15.5(7) that is occupied by the owner as a residence, or for the addition of an accessory building or accessory structure as defined in the North Carolina Uniform Residential Building Code, the use of which is incidental to that residence. The owner shall deliver written notice of designation to its designated lien agent by any method authorized in G.S. 44A‑11.2(f), and shall include in its notice the street address, tax map lot and block number, reference to recorded instrument, or any other description that reasonably identifies the real property for the improvements to which the lien agent has been designated, and the owner's contact information. Designation of a lien agent pursuant to this section does not make the lien agent an agent of the owner for purposes of receiving a Claim of Lien on Real Property, a Notice of Claim of Lien upon Funds Funds, a Notice of Subcontract, or for any purpose other than the receipt of notices to the lien agent required under G.S. 44A‑11.2.

…."

SECTION 35.(b)  G.S. 44A‑11.2 reads as rewritten:

"§ 44A‑11.2.  Identification of lien agent; notice to lien agent; effect of notice.

(i)         The form of the notice to be given under this section shall be legible, shall include the following information unless designated as "if available," and shall be substantially as follows:

NOTICE TO LIEN AGENT

(1)        Potential lien claimant's name, mailing address, telephone number, fax number (if available), and electronic mailing address (if available):

(2)        Name of the party with whom the potential lien claimant has contracted to improve the real property described below:

(3)        A description of the real property sufficient to identify the real property, such as the name of the project, if applicable, the physical address as shown on the building permit or notice received from the owner:

(4)        I give notice of my right subsequently to pursue a claim of lien for improvements to the real property described in this notice.

Dated: ____________

_______________

Potential Lien Claimant

(j)         The service of the Notice to Lien Agent does not satisfy the service or filing requirements applicable to a Notice of Subcontract under Part 2 of Article 2 of this Chapter, a Notice of Claim of Lien upon Funds under Part 2 of Article 2 of this Chapter Chapter, or a Claim of Lien on Real Property under Part 1 or Part 2 of Article 2 of this Chapter. A Notice to Lien Agent shall not be combined with or make reference to a Notice of Subcontract or Notice of Claim of Lien upon Funds as described in this subsection.

…."

SECTION 36.  G.S. 45A‑4(a) reads as rewritten:

"(a)       The settlement agent shall cause recordation of the deed, if any, the deed of trust or mortgage, or other loan documents required to be recorded at settlement. The settlement agent shall not disburse any of the closing funds prior to the recordation of any deeds or loan documents required to be filed by the lender, if applicable, and verification that the closing funds used to fund disbursement are deposited in the settlement agent's trust or escrow account in one or more forms prescribed by this Chapter. A settlement agent may disburse funds from the settlement agent's trust or escrow account (to either the applicable register of deeds or directly to a private company authorized to electronically record documents with the office of the  register of deeds) as necessary to record any deeds, deeds of trust, and any other documents required to be filed in connection with the closing, including excise tax (revenue stamps) and recording fees, but the settlement agent may not disburse any other funds from its trust or escrow account until the deeds, deeds of trust, and other required loan documents have been recorded in the office of the register of deeds. Unless otherwise provided in this Chapter, a settlement agent shall not cause a disbursement of settlement proceeds unless those settlement proceeds are collected funds. Notwithstanding that a deposit made by a settlement agent to its trust or escrow account does not constitute collected funds, the settlement agent may cause a disbursement of settlement proceeds from its trust or escrow account in reliance on that deposit if the deposit is in one or more of the following forms:

(1)        A certified check;

(2)        A check issued by the State, the United States, a political subdivision of the State, or an agency or instrumentality of the United States, including an agricultural credit association;

(3)        A cashier's check, teller's check, or official bank check drawn on or issued by a financial institution insured by the Federal Deposit Insurance Corporation or a comparable agency of the federal or state government;

(4)        A check drawn on the trust account of an attorney licensed to practice in the State of North Carolina;

(5)        A check or checks drawn on the trust or escrow account of a real estate broker licensed under Chapter 93A of the General Statutes;

(6)        A personal or commercial check or checks in an aggregate amount not exceeding five thousand dollars ($5,000) per closing if the settlement agent making the deposit has reasonable and prudent grounds to believe that the deposit will be irrevocably credited to the settlement agent's trust or escrow account;

(7)        A check drawn on the account of or issued by a mortgage banker licensed under Article 19A of Chapter 53 of the General Statutes that has posted with the Commissioner of Banks a surety bond in the amount of at least three hundred thousand dollars ($300,000). The surety bond shall be in a form satisfactory to the Commissioner and shall run to the State for the benefit of any settlement agent with a claim against the licensee for a dishonored check."

SECTION 37.  G.S. 50‑13.4(c1) reads as rewritten:

"(c1)     Effective July 1, 1990, the Conference of Chief District Judges shall prescribe uniform statewide presumptive guidelines for the computation of child support obligations of each parent as provided in Chapter 50 or elsewhere in the General Statutes and shall develop criteria for determining when, in a particular case, application of the guidelines would be unjust or inappropriate. Prior to May 1, 1990 these guidelines and criteria shall be reported to the General Assembly by the Administrative Office of the Courts by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The purpose of the guidelines and criteria shall be to ensure that payments ordered for the support of a minor child are in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case. The guidelines shall include a procedure for setting child support, if any, in a joint or shared custody arrangement which shall reflect the other statutory requirements herein.

Periodically, but at least once every four years, the Conference of Chief District Judges shall review the guidelines to determine whether their application results in appropriate child support award amounts. The Conference may modify the guidelines accordingly. The Conference shall give the Department of Health and Human Services, the Administrative Office of the Courts, and the general public an opportunity to provide the Conference with information relevant to the development and review of the guidelines. Any modifications of the guidelines or criteria shall be reported to the General Assembly by the Administrative Office of the Courts before they become effective by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The guidelines, when adopted or modified, shall be provided to the Department of Health and Human Services and the Administrative Office of the Courts, which shall disseminate them to the public through local IV‑D offices, clerks of court, and the media.

Until July 1, 1990, the advisory guidelines adopted by the Conference of Chief District Judges pursuant to this subsection as formerly written shall operate as presumptive guidelines and the factors adopted by the Conference of Chief District Judges pursuant to this subsection as formerly written shall constitute criteria for varying from the amount of support determined by the guidelines."

SECTION 38.(a)  G.S. 50A‑370(a) reads as rewritten:

"(a)       After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 521‑522. A court may not issue a permanent order granting custodial responsibility in the absence of the deploying parent without the consent of the deploying parent."

SECTION 38.(b)  G.S. 50A‑379(a) reads as rewritten:

"(a)       Except for an order in accordance with G.S. 50A‑373 or as otherwise provided in subsection (b) of this section, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 521‑522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision‑making authority, or limited contact has been granted, the court may modify or terminate a grant of caretaking authority, decision‑making authority, or limited contact made pursuant to this Article if the modification or termination is consistent with this Part and the court finds it is in the best interest of the child. Any modification shall be temporary and terminates following the conclusion of deployment of the deployed parent according to the procedures under Part 4 of this Article, unless the grant has been terminated before that time by court order."

SECTION 38.(c)  G.S. 50A‑385(c) reads as rewritten:

"(c)       In the absence of an agreement to terminate, the temporary agreement granting custodial responsibility terminates 60 days from the date of one of the following:

(1)        The date the deploying parent gives notice to the other parent that the deploying parent has returned from deployment.

(2)        The date stated in an order terminating the temporary grant of custodial responsibility.

(3)        The death of the deploying parent.the deploying parent gives notice to the other parent that the deploying parent has returned from deployment, unless earlier terminated upon the date stated in an order terminating the temporary grant of custodial responsibility or the death of the deploying parent."

SECTION 38.(d)  G.S. 50A‑388(a) reads as rewritten:

"(a)       A temporary order for custodial responsibility issued under Part 3 of this Article shall terminate, if no agreement between the parties to terminate a temporary order for custodial responsibility has been filed, 60 days from (i) the date the deploying parent gives notice of having returned from deployment to the other parent or and any nonparent granted custodial responsibility responsibility, when applicable, or (ii) upon the death of the deploying parent.parent, whichever occurs first."

SECTION 39.  G.S. 53‑244.050(b)(1a) reads as rewritten:

"(1a)     Each individual applicant for licensure as a transitional mortgage loan originator shall:

a.         Be at least 18 years of age;

b.         Have an active license to originate mortgage loans pursuant to the laws of any state or territory of the United States other than North Carolina;Carolina or be a registered loan originator;

c.         Have a valid unique identifier, registration, and fingerprints on file with the Nationwide Mortgage Licensing System and Registry;

d.         Have been employed for a period of no less than two years as a mortgage loan originator; and

e.         Have provided certification of employment with a mortgage lender or mortgage broker licensed under this Article, including an attestation by the employer that the applicant is in his or her employ."

SECTION 39.2.  G.S. 58‑2‑46(4) is repealed.

SECTION 39.3.(a)  G.S. 65‑47 is amended by adding a new subsection to read:

"(e)       A columbarium built in compliance with the requirements of former subsection (d) of this section is not subject to the provisions of Article 9 of this Chapter on or after January 23, 2015, as long as the columbarium (i) continues to exist on the grounds of a private, self‑contained retirement community and (ii) continues to be reserved exclusively for the residents of that community."

SECTION 39.3.(b)  This section becomes effective January 23, 2015.

SECTION 39.4.  G.S. 66‑58(b) reads as rewritten:

"(b)      The provisions of subsection (a) of this section shall not apply to:

(8b)      North Carolina Center for the Advancement of Teaching (NCCAT) with regard to:

a.         Agreements for the use of NCCAT's facilities, equipment, services, and staff, for meetings and educational programs provided by State agencies, the constituent institutions of The University of North Carolina and the North Carolina Community College System, public schools, units of local government, and nonprofit corporations.

b.         The provision of housing and meals to participants in these meetings and programs.

…."

SECTION 39.7.  G.S. 86A‑15(b) reads as rewritten:

"§ 86A‑15.  Sanitary rules and regulations; inspections.

"(b)      All barbershops, barber schools and colleges, and any other place where barber service is rendered, shall be open for inspection at all times during business hours to any members of the Board of Barber Examiners or its agents or assistants. Initial inspections conducted by the Board pursuant to this Chapter shall not be delayed if the sole reason for delay is the lack of a certificate of occupancy by a unit of local government. A copy of the sanitary rules and regulations set out in this section shall be furnished by the Board to the owner or manager of each barbershop or barber school, or any other place where barber service is rendered in the State, and that copy shall be posted in a conspicuous place in each barbershop or barber school. The Board shall have the right to make additional rules and regulations governing barbers and barbershops and barber schools for the proper administration and enforcement of this section, but no such additional rules or regulations shall be in effect until those rules and regulations have been furnished to each barbershop within the State."

SECTION 40.  G.S. 90‑85.15B reads as rewritten:

"§ 90‑85.15B.  Immunizing pharmacists.

(a)        Except as provided in subsection (b) and (c) of this section, an immunizing pharmacist may administer vaccinations or immunizations only if the vaccinations or immunizations are recommended or required by the Centers for Disease Control and Prevention and administered to persons at least 18 years of age pursuant to a specific prescription order.

(b)        An immunizing pharmacist may administer the vaccinations or immunizations listed in subdivisions (1) through (5) of this subsection to persons at least 18 years of age if the vaccinations or immunizations are administered under written protocols as defined in 21 NCAC 46 .2507(b)(12) and 21 NCAC 32U .0101(b)(12) and in accordance with the supervising physician's responsibilities as defined in 21 NCAC 46 .2507(e) and 21 NCAC 32U .0101(e), and the physician is licensed in and has a practice physically located in North Carolina:

(1)        Pneumococcal polysaccharide or pneumococcal conjugate vaccines.

(2)        Herpes zoster vaccine.

(3)        Hepatitis B vaccine.

(4)        Meningococcal polysaccharide or meningococcal conjugate vaccines.

(5)        Tetanus‑diphtheria, tetanus and diphtheria toxoids and pertussis, tetanus and diphtheria toxoids and acellular pertussis, or tetanus toxoid vaccines. However, a pharmacist shall not administer any of these vaccines if the patient discloses that the patient has an open wound, puncture, or tissue tear.

(c)        An immunizing pharmacist may administer the influenza vaccine to persons at least 14 years of age pursuant to 21 NCAC 46 .2507 and 21 NCAC 32U .0101.

(d)        An immunizing pharmacist who administers a vaccine or immunization to any patient pursuant to this section shall do all of the following:

(1)        Maintain a record of any vaccine or immunization administered to the patient in a patient profile.

(2)        Within 72 hours after administration of the vaccine or immunization, notify any primary care provider identified by the patient. If the patient does not identify a primary care provider, the immunizing pharmacist shall direct the patient to information describing the benefits to a patient of having a primary care physician, prepared by any of the following: North Carolina Medical Board, North Carolina Academy of Family Physicians, North Carolina Medical Society, or Community Care of North Carolina.

(3)        Except for influenza vaccines administered under G.S. 90‑85.15B(b)(6), G.S. 90‑85.15B(c), access the North Carolina Immunization Registry prior to administering the vaccine or immunization and record any vaccine or immunization administered to the patient in the registry within 72 hours after the administration. In the event the registry is not operable, an immunizing pharmacist shall report as soon as reasonably possible."

SECTION 41.(a)  G.S. 90‑95(d1) reads as rewritten:

"(d1)    (1)        Except as authorized by this Article, it is unlawful for any person to:

a.         Possess an immediate precursor chemical with intent to manufacture a controlled substance; or

b.         Possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture a controlled substance; [or] or

c.         Possess a pseudoephedrine product if the person has a prior conviction for the possession or manufacture of methamphetamine.

Any Except where the conduct is covered under subdivision (2) of this subsection, any person who violates this subsection subdivision shall be punished as a Class H felon, unless the immediate precursor is one that can be used to manufacture methamphetamine.felon.

(2)        Except as authorized by this Article, it is unlawful for any person to:

a.         Possess an immediate precursor chemical with intent to manufacture methamphetamine; or

b.         Possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture methamphetamine.

Any person who violates this subdivision shall be punished as a Class F felon."

SECTION 41.(b)  This section becomes effective October 1, 2014, and applies to offenses committed on or after that date.

SECTION 41.5.  G.S. 90‑113.73 is amended by adding the following new subsection to read:

"§ 90‑113.73.  Requirements for controlled substances reporting system.

(d)        A dispenser shall not be required to report instances in which a Schedule V non‑narcotic, non‑anorectic Schedule V controlled substance is provided directly to the ultimate user for the purpose of assessing a therapeutic response when prescribed according to indications approved by the United States Food and Drug Administration."

SECTION 42.(a)  G.S. 90D‑5(b)(6) reads as rewritten:

"(b)      Composition and Terms. – The Board shall consist of nine members who shall serve staggered terms. The initial Board members shall be selected on or before July 1, 2003, as follows:

(6)        A member of Self Help for Hard of Hearing (SHHH) the Hearing Loss Association of America‑North Carolina State Association (HLAA‑NC) with knowledge of the interpreting process and deafness. This member shall be appointed by the General Assembly, upon recommendation of the President Pro Tempore of the Senate, and serve for a term of three years."

SECTION 42.(b)  G.S. 90D‑7 reads as rewritten:

"§ 90D‑7.  Requirements for licensure.

(a)        Upon application to the Board and the payment of the required fees, an applicant may be licensed as an interpreter or transliterator if the applicant meets all of the following qualifications:

(1)        Is 18 years of age or older.

(2)        Is of good moral character as determined by the Board.

(3)        Meets one of the following criteria:

a.         Holds a valid National Association of the Deaf (NAD), level 4 or 5 certification.

b.         Is nationally certified by the Registry of Interpreters for the Deaf, Inc., (RID).

c.         Has a national certification recognized by the National Cued Speech Association (NCSA).Holds a valid Testing, Evaluation and Certification Unit, Inc., (TECUnit) national certification in cued language transliteration.

d.         Holds a quality assurance North Carolina Interpreter Classification System (NCICS) level A or B classification in effect on January 1, 2000.

e.         Holds a current Cued Language Transliterator State Level Assessment (CLTSLA) level 3 or above classification.

(b)        Effective July 1, 2008, any person who applies for initial licensure as an interpreter or transliterator shall hold at least a two‑year degree from a regionally accredited institution.

(c)        The Department of Justice may provide a criminal record check to the Board for a person who has applied for a new, provisional, or renewal license through the Board. The Board shall provide to the Department of Justice, along with the request, the fingerprints of the applicant, any additional information required by the Department of Justice, and a form signed by the applicant consenting to the check of the criminal record and to the use of the fingerprints and other identifying information required by the State or national repositories. The applicant's fingerprints shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a national criminal history check. The Board shall keep all information pursuant to this subdivision privileged, in accordance with applicable State law and federal guidelines, and the information shall be confidential and shall not be a public record under Chapter 132 of the General Statutes.

The Department of Justice may charge each applicant a fee for conducting the checks of criminal history records authorized by this subsection."

SECTION 42.(c)  G.S. 90D‑8 reads as rewritten:

"§ 90D‑8.  Provisional license.

(a)        Upon application to the Board and the payment of the required fees, an applicant may be issued a one‑time provisional license as an interpreter or transliterator if the applicant meets all of the following qualifications:

(1)        Is at least 18 years of age.

(2)        Is of good moral character as determined by the Board.

(3)        Completes two continuing education units approved by the Board. These units must be completed for each renewable year.

(4)        Satisfies one of the following:

a.         Holds a quality assurance North Carolina Interpreter Classification System (NCICS) level C classification.

b.         Holds a valid National Association of the Deaf (NAD) level 2 or 3 certification.

c.         Holds a current Educational Interpreter Performance Assessment (EIPA) level 3 or above classification.

d.         Repealed by Session Laws 2005‑299, s. 2, effective August 22, 2005.

e.         Holds at least a two‑year interpreting degree from a regionally accredited institution.

(a1)      Upon application to the Board, payment of the required fees, and meeting the requirements for a provisional license under subdivisions (1) and (2) of subsection (a) of this section, the Board may also issue a provisional license to any of the following categories of persons seeking a provisional license:

(1)        A certified deaf interpreter (CDI) who completes 30 hours of training, including "Role and Function", "Code of Ethics", and interpreting professional studies coursework.A deaf interpreter who completes 16 hours of training in interpreting coursework or workshops, including role and function or ethics, and 20 hours in the 12 months immediately preceding the date of application in the provision of interpreting services.

(2)        An oral interpreter who completes a total of 40 hours of training in interpreting coursework or workshops related to oral interpreting.

(3)        A person providing cued speech interpreting or transliterating services who completes a total of 40 hours of training in interpreting coursework or workshops related to cued speech.A cued language transliterator who holds a current Cued Language Transliterator State Level Assessment (CLTSLA) level 2 classification.

(4)        A person providing interpreting or transliterating services who has a recognized credential from another state in the field of interpreting or transliterating.

(5)        An interpreter or transliterator who has accumulated 200 hours per year in the provision of interpreting or transliterating services, in this State or another state, totaling 400 hours for the two years immediately preceding the date of application.

(b)        A provisional license issued under this section shall be valid for one year. Upon expiration, a provisional license may be renewed for an additional one‑year period in the discretion of the Board. However, a provisional license shall not be renewed more than three times. The Board may, in its discretion, grant an extension after the third time the provisional license has been renewed under circumstances to be established in rules adopted by the Board.

(c)        Effective July 1, 2008, any person who applies for initial licensure on a provisional basis as an interpreter or transliterator shall hold at least a two‑year degree from a regionally accredited institution.

SECTION 42.3.(a)  G.S. 93D‑1.1 reads as rewritten:

"§ 93D‑1.1.  Hearing aid specialist; scope of practice.

The scope of practice of a hearing aid specialist regulated pursuant to this Chapter shall include the following activities:

(12)      Taking Making ear impressions, and preparing, designing, and modifying ear molds.

(14)      Providing supervision and in‑service training for those entering the hearing aid dispensing profession. apprentices in fitting and selling hearing aids.

(15)      Providing hearing health education.

(16)      Providing community services for individuals with hearing loss and the deaf."

SECTION 42.3.(b)  G.S. 93D‑3(d) reads as rewritten:

"(d)      Members of the Board shall be entitled to travel, per diem, and other expenses authorized by G.S. 93B‑5. The expenses shall be paid from the fees and assessments received by the Board under the provisions of this Chapter. No part of these expenses or any other expenses of the Board, in any manner whatsoever, shall be paid out of the State treasury. All moneys received in excess of expense allowance and mileage, as above provided, shall be held by the secretary‑treasurer as a special fund for meeting other expenses of the Board and carrying out the provisions of this Chapter.

(e) The Board shall make an annual report of its proceedings in accordance with G.S. 93B‑2."

SECTION 42.3.(c)  G.S. 93D‑15 reads as rewritten:

"§ 93D‑15.  Violation of Chapter.

Any person who violates any of the provisions of this Chapter and any person who holds himself out to the public as a hearing aid specialist without having first obtained a license or apprenticeship registration as provided for herein shall be deemed is guilty of a Class 2 misdemeanor."

SECTION 42.7.(a)  G.S. 106‑568.43 reads as rewritten:

"§ 106‑568.43.  Referendum.

(a)        The Association may conduct among tobacco growers a referendum upon the question of whether an assessment shall be levied on tobacco sold produced in this State.

(b)        The Association shall determine the amount of the proposed assessment and the date by which the referendum ballot must be returned by mail as provided in this section.

(c)        The amount of the proposed assessment shall be stated on the referendum ballot. The amount may not exceed fifteen cents (15¢) for each hundred pounds of tobacco marketed  produced in this State. If the assessment is approved in the referendum, the Association may set the assessment at an amount equal to or less than the amount stated on the ballot. If the Association sets a lower amount than the amount approved by referendum, it may increase the amount annually without a referendum by no more than one cent (1¢) for each hundred pounds of tobacco marketed.produced in this State. The increased rate may not exceed the amount approved by referendum and may not exceed the maximum allowable rate of fifteen cents (15¢) for each hundred pounds.

(d)        The Association shall mail a referendum ballot to all known tobacco growers in the State for whom the Association has a current and valid mailing address at least three months prior to the date the ballot must be returned. Additionally, the Association must, for the greater of three months or 90 days before the date the ballot must be returned, (i) provide a printable referendum ballot on the Association's official Web site and (ii) make hard copies of the referendum ballot available at all county North Carolina Cooperative Extension Service offices. The ballots shall be returned to the Commissioner of Agriculture by the date set by the Association. The Department shall be responsible for counting the votes and reporting the results of the referendum to the Association.

(e)        All tobacco growers may vote in the referendum. Any dispute over eligibility to vote or any other matter relating to the referendum shall be determined by the Association. The Association shall make reasonable efforts to provide tobacco growers with notice of the referendum and an opportunity to vote."

SECTION 42.7.(b)  G.S. 106‑568.44 reads as rewritten:

"§ 106‑568.44.  Payment and collection of assessment.

(a)        The assessment shall not be collected unless more than two‑thirds of the votes cast in the referendum are in favor of the assessment. If more than two‑thirds of the votes cast in the referendum are in favor of the assessment, then the Association shall notify the Department of the amount of the assessment and the effective date of the assessment. The Department shall notify all tobacco buyers of the assessment.

(b)        Each tobacco producer grower shall pay the assessment on all tobacco produced in this State and sold to a buyer.

(c)        A buyer shall collect the assessment when buying tobacco produced in this State by deducting the assessment from the price paid to the producer.grower. The buyer shall remit collected assessments to the Department no later than the 10th day of the following month. The Department shall provide forms to buyers for reporting the assessment. If the total assessments collected by a buyer in a month are less than twenty‑five dollars ($25.00), the buyer may keep the assessments until the total amount due is at least twenty‑five dollars ($25.00) or the end of the calendar quarter, whichever comes first. All buyers shall file at least one report in each calendar quarter in which they purchase tobacco from a producer,grower, regardless of the amount due.

(d)        A buyer shall keep records of the amount of tobacco purchased and the date purchased. All information or records regarding purchases of tobacco by individual buyers shall be kept confidential by employees or agents of the Department and the Association and shall not be disclosed except by court order.

(e)        The Association may bring an action to recover any unpaid assessments, plus the reasonable costs, including attorneys' fees, incurred in the action."

SECTION 43.  Article 68 of Chapter 106 of the General Statutes is repealed.

SECTION 44.(a)  G.S. 108A‑116 reads as rewritten:

"§ 108A‑116.  Production of customers' financial records in cases of suspected financial exploitation; immunity; records may not be used against account owner.

(a)        An investigating entity may, under the conditions specified in this section, obtain petition the district court to issue a subpoena directing a financial institution to provide to the investigating entity the financial records of a disabled adult or older adult customer. The petition shall be filed in the county of residence of the disabled adult or older adult customer whose financial records are being subpoenaed. The court shall hear the case within two business days after the filing of the petition. The court shall issue the subpoena may be issued by any judge of the superior court, judge of the district court, or magistrate in the county of residence of the disabled adult or older adult customer whose financial records are being subpoenaed, upon finding that all of the following conditions are met:

(1)        The investigating entity is investigating, pursuant to the investigating entity's statutory authority, a credible report that the disabled adult or older adult is being or has been financially exploited.

(2)        The disabled adult's or older adult's financial records are needed in order to substantiate or evaluate the report.

(3)        Time is of the essence in order to prevent further exploitation of that disabled adult or older adult.

(b)        Delivery of the subpoena may be effected by hand, via certified mail, return receipt requested, or through a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) and may be addressed to the financial institution's local branch or office vice president, its local branch or office manager or assistant branch or office manager, or the agent for service of process listed by the financial institution with the North Carolina Secretary of State or, if there is none, with the agent for service of process listed by the financial institution in any state in which it is domiciled.

(b1)      A financial institution may challenge the subpoena by filing a motion to quash or modify the subpoena within ten days after receipt of delivery of the subpoena pursuant to subsection (b) of this section. The subpoena may be challenged only for the following reasons:

(1)        There is a procedural defect with the subpoena.

(2)        The subpoena contains insufficient information to identify the records subject to the subpoena.

(3)        The financial institution is otherwise prevented from promptly complying with the subpoena.

(4)        The petition was filed or subpoena requested for an improper purpose or based upon insufficient grounds.

(5)        The subpoena subjects the financial institution to an undue burden or is otherwise unreasonable or oppressive.

Within two business days after the motion is filed, the court shall hear the motion and issue an order upholding, modifying, or quashing the subpoena.

(c)        AUpon receipt of a subpoena delivered pursuant to subsection (b) of this section identifying the disabled adult or older adult customer or, if the subpoena is challenged pursuant to subsection (b1) of this section, entry of a court order upholding or modifying a subpoena, a financial institution shall promptly provide to the head of an investigating entity, or his or her designated agent, the financial records of a disabled adult or older adult customer upon receipt of a subpoena delivered pursuant to subsection (b) of this section identifying the disabled adult or older adult customer.

(d)        All produced copies of the disabled adult's or older adult's financial records, as well as any information obtained pursuant to the duty to report found in G.S. 108A‑115, shall be kept confidential by the investigating entity unless required by court rulesorder to be disclosed to a party to a court proceeding or introduced and admitted into evidence in an open court proceeding.

(e)        No financial institution or investigating entity, or officer or employee thereof, who acts in good faith in providing, seeking, or obtaining financial records or any other information in accordance with this section, or in providing testimony in any judicial proceeding based upon the contents thereof, may be held liable in any action for doing so.

(f)         No customer may be subject to indictment, criminal prosecution, criminal punishment, or criminal penalty by reason of or on account of anything disclosed by a financial institution pursuant to this section, nor may any information obtained through such disclosure be used as evidence against the customer in any criminal or civil proceeding. Notwithstanding the foregoing, information obtained may be used against a person who is a joint account owner accused of financial exploitation of a disabled adult or older adult joint account holder, but solely for criminal or civil proceedings directly related to the alleged financial exploitation of the disabled adult or older adult joint account holder.

(g)        The petition and the court's entire record of the proceedings under this section is not a matter of public record. Records qualifying under this subsection shall be maintained separately from other records, shall be withheld from public inspection, and may be examined only by order of the court."

SECTION 44.(b)  G.S. 108A‑117 reads as rewritten:

"§ 108A‑117.  Notice to customer; delayed notice.

(a)        Upon the issuance of a subpoena pursuant to G.S. 108A‑116, the investigating entity shall immediately provide the customer with written notice of its action by first‑class mail to the customer's last known address, unless an order for delayed notice is obtained pursuant to subsection (b) of this section. The notice shall be sufficient to inform the customer of the name of the investigating entity that has obtained the subpoena, the financial records subject to production pursuant to the subpoena, and the purpose of the investigation.

(b)        An investigating entity may include in its application for a subpoena pursuant to G.S. 108A‑116 a request for an order delaying the customer notice required pursuant to subsection (a) of this section. The judge or magistrate court issuing the subpoena may order a delayed notice in accordance with subsection (c) of this section if it finds, based on affidavit or oral testimony under oath or affirmation before the issuing judge or magistrate court, that all of the following conditions are met:

(1)        The investigating entity is investigating a credible report that the adult is being or has been financially exploited.

(2)        There is reason to believe that the notice will result in at least one of the following:

a.         Endangering the life or physical safety of any person.

b.         Flight from prosecution.

c.         Destruction of or tampering with evidence.

d.         Intimidation of potential witnesses.

e.         Serious jeopardy to an investigation or official proceeding.

f.          Undue delay of a trial or official proceeding.

(c)        Upon making the findings required in subsection (b) of this section, the judge or magistrate court shall enter an ex parte order granting the requested delay for a period not to exceed 30 days. If the court finds there is reason to believe that the notice may endanger the life or physical safety of any person, the court may order that the delay be for a period not to exceed 180 days. An order delaying notice shall direct that:

(1)        The financial institution not disclose to any person the existence of the investigation, of the subpoena, or of the fact that the customer's financial records have been provided to the investigating entity for the duration of the period of delay authorized in the order;

(2)        The investigating entity deliver a copy of the order to the financial institution along with the subpoena that is delivered pursuant to G.S. 108‑116(b); and

(3)        The order be sealed until otherwise ordered by the judge or magistrate. court.

(d)        Upon application by the investigating entity, further extensions of the delay of notice may be granted by order of a judge or magistrate court in the county of residence of the disabled adult or older adult customer whose financial records are being subpoenaed, upon a finding of the continued existence of the conditions set forth in subdivisions (1) and (2) of subsection (b) of this section, and subject to the requirements of subsection (c) of this section. If the initial delay was granted for a period not to exceed 30 days, the delay may be extended by additional periods of up to 30 days each and the total delay in notice granted under this section shall not exceed 90 days. If the initial delay was granted for a period not to exceed 180 days, the delay may be extended by additional periods of up to 180 days each and may continue to be extended until the court finds the notice would no longer endanger the life or physical safety of any person.

(e)        Upon the expiration of the period of delay of notice granted under this section, including any extensions thereof, the customer shall be served with a copy of the notice required by subsection (a) of this section."

SECTION 44.(c)  G.S. 7A‑246 reads as rewritten:

"§ 7A‑246.  Special proceedings; exceptions; guardianship and trust administration.

The superior court division is the proper division, without regard to the amount in controversy, for the hearing and trial of all special proceedings except proceedings under the Protection of the Abused, Neglected or Exploited Disabled Adult Act (Chapter 108A, Article 6, of the General Statutes),(Article 6 of Chapter 108A of the General Statutes), proceedings for the protection of disabled and older adults from financial exploitation (Article 6A of Chapter 108A of the General Statutes), proceedings for involuntary commitment to treatment facilities (Chapter 122C, Article 5,(Article 5 of Chapter 122C of the General Statutes), adoption proceedings (Chapter 48 of the General Statutes) Statutes), and of all proceedings involving the appointment of guardians and the administration by legal guardians and trustees of express trusts of the estates of their wards and beneficiaries, according to the practice and procedure provided by law for the particular proceeding."

SECTION 44.(d)  The Administrative Office of the Courts shall develop the appropriate forms and procedures to implement the processes provided under G.S. 108A‑116 and G.S. 108A‑117.

SECTION 44.(e)  This section is effective when it becomes law and applies to petitions for a subpoena filed on or after that date.

SECTION 44.5. G.S. 110‑136.3(a) reads as rewritten:

"(a)       Required Contents of Support Orders. All child support orders, civil or criminal, entered or modified in the State in IV‑D cases shall include a provision ordering income withholding to take effect immediately. All child support orders, civil or criminal, initially entered in the State in non‑IV‑D cases on or after January 1, 1994, shall include a provision ordering income withholding to take effect immediately as provided in G.S. 110‑136.5(c1), unless one of the exceptions specified in G.S. 110‑136.5(c1) applies. A non‑IV‑D child support order that contains an income withholding requirement and a IV‑D child support order shall:shall comply with each of the following:

(1)        Require the obligor to keep the clerk of court or IV‑D agency informed of the obligor's current residence and mailing address;address.

(2),(2a)  Repealed by Session Laws 1993, c. 517, s. 1.

(3)        Require the obligor to cooperate fully with the initiating party in the verification of the amount of the obligor's disposable income;income.

(4)        Require the custodial party to keep the obligor informed of (i) the custodial party's disposable income and the amount and effective date of any substantial change in this disposable income and (ii) income.

(4a)      Include the current residence and mailing address of the child, unless custodial parent, or the address of the child if the address of the custodial parent and the address of the child are different. However, there is no requirement that the child support order contain the address of the custodial parent or the child if (i) there is an existing order prohibiting disclosure of the custodial parent's or child's address to the obligor or (ii) the court has determined that notice to the obligor is inappropriate because the obligor has made verbal or physical threats that constitute domestic violence under Chapter 50B of the General Statutes; andStatutes.

(5)        Require the obligor to keep the initiating party informed of the name and address of any payor of the obligor's disposable income and of the amount and effective date of any substantial change in this disposable income."

SECTION 45.(a)  G.S. 114‑15.1 reads as rewritten:

"§ 114‑15.1.  Department heads to report possible violations of criminal statutes involving misuse of State property to State Bureau of Investigation.

Any person employed by the State of North Carolina, its agencies or institutions, who receives any information or evidence of an attempted arson, or arson, damage of, theft from, or theft of, or embezzlement from, or embezzlement of, or misuse of, any state‑owned personal property, buildings or other real property, shall as soon as possible, but not later than three days from receipt of the information or evidence, report such information or evidence to his immediate supervisor, who shall in turn report such information or evidence to the head of the respective department, agency, or institution. The head of any department, agency, or institution receiving such information or evidence shall, within a reasonable time but no later than 10 days from receipt thereof, report such information information, excluding damage or loss resulting from motor vehicle accidents or unintentional loss of property, in writing to the Director of the State Bureau of Investigation.

Upon receipt of notification and information as provided for in this section, the State Bureau of Investigation shall, if appropriate, conduct an investigation.

The employees of all State departments, agencies and institutions are hereby required to cooperate with the State Bureau of Investigation, its officers and agents, as far as may be possible, in aid of such investigation.

If such investigation reveals a possible violation of the criminal laws, the results thereof shall be reported by the State Bureau of Investigation to the district attorney of any district if the same concerns persons or offenses in his district."

SECTION 45.(b)  This section becomes effective June 30, 2014.

SECTION 46.  G.S. 114‑61 reads as rewritten:

"§ 114‑61.  Forensic Science Advisory Board.

(a)        Creation and Membership. – The North Carolina Forensic Science Advisory Board (Board) is hereby established as an advisory board within the Department of Justice. The Board shall consist of 1615 members, consisting of the State Crime Laboratory Director, and 1514 members appointed by the Attorney General as follows:

(1)        A forensic scientist or any other person with an advanced degree who has received substantial education, training, or experience in the subject of laboratory standards or quality assurance regulation and monitoring.

(2)        The Chief Medical Examiner of the State.

(3)        A forensic scientist with an advanced degree who has received substantial education, training, or experience in the discipline of molecular biology.

(4)        A forensic scientist with an advanced degree who has experience in the discipline of population genetics.

(5)        A scientist with an advanced degree who has experience in the discipline of forensic chemistry.

(6)        A scientist with an advanced degree who has experience in the discipline of forensic biology.

(7)        A forensic scientist or any other person with an advanced degree who has received substantial education, training, or experience in the discipline of trace evidence.

(8)        A scientist with a doctoral an advanced degree who has experience in the discipline of forensic toxicology and is certified by the American Board of Forensic Toxicologists. toxicology.

(9)        A member of the International Association for Identification.

(10)      A member of the Association of Firearms and Toolmark Tool Mark Examiners.

(11)      A member of the International Association for Chemical Testing.

(12)      A director of a private or federal forensic laboratory located in the State.

(13)      A member of the American Society of Crime Laboratory Directors.

(14)      A member of the Academy of Forensic Sciences.

(15)      A member of the American Statistical Association.

A chairman shall be elected from among the members appointed, and staff shall be provided by the Department of Justice.

(b)        Meetings. – The Board shall meet quarterly biannually and at such other times and places as it determines. Members of the Board cannot designate a proxy to vote in their absence.

(c)        Terms. – Members of the Board initially appointed shall serve the following terms: five members shall serve a term of two years; five members shall serve a term of three years; and five members shall serve a term of four years. Thereafter, all appointments shall be for a term of four years. A vacancy other than by expiration of term shall be filled by the Attorney General for the unexpired term. Members of the Board cannot designate a proxy to vote in their absence.

(d)        Terms. – Expenses. – Members of the Board shall be paid reasonable and necessary expenses incurred in the performance of their duties. Members of the Board who are State officers or employees shall receive no compensation for serving on the Board but may be reimbursed for their expenses in accordance with G.S. 138‑6. Members of the Board who are full‑time salaried public officers or employees other than State officers or employees shall receive no compensation for serving on the Board but may be reimbursed for their expenses in accordance with G.S. 138‑5(b). All other members of the Board may receive compensation and reimbursement for expenses in accordance with G.S. 138‑5.

(e)        Functions. – The Board may review State Crime Laboratory operations and make recommendations concerning the services furnished to user agencies. The Board shall review and make recommendations as necessary to the Laboratory Director concerning any of the following:

(1)        New scientific programs, protocols, and methods of testing.

(2)        Plans for the implementation of new programs; sustaining existing programs and improving upon them where possible; and the elimination of programs which are no longer needed.

(3)        Protocols for testing and examination methods and guidelines for the presentation of results in court.

(4)        Qualification standards for the various forensic scientists of the Laboratory.

(f)         Review Process. – Upon request of the Laboratory Director, the Board shall review analytical work, reports, and conclusions of scientists employed by the Laboratory. Records reviewed by this Board retain their confidential status and continue to be considered records of a criminal investigation as defined in G.S. 132‑1.4. These records shall be reviewed only in a closed session meeting pursuant to G.S. 143‑318.11 of the Board, and each member of the Board shall, prior to receiving any documents to review, sign a confidentiality agreement agreeing to maintain the confidentiality of and not to disclose the documents nor the contents of the documents reviewed. The Board shall recommend to the Laboratory a review process to use when there is a request that the Laboratory retest or reexamine evidence that has been previously examined by the Laboratory."

SECTION 47.  G.S. 114‑70(b) reads as rewritten:

"(b)      Membership. – The Commission shall consist of 12 members as follows:

(1)        The President Pro Tempore of the Senate shall appoint one representative from each of the following:

a.         The public at large.

b.         A county sheriff's office.

c.         A city or town police department.

d.         Legal Aid of North Carolina.

(2)        The Speaker of the House of Representatives shall appoint one representative from each of the following:

a.         The public at large.

b.         North Carolina Coalition Against Human Trafficking.

c.         A faith‑based shelter or benefits organization providing services to victims of human trafficking.

d.         A district attorney.attorney or an assistant district attorney.

office

(3)        The Governor shall appoint one representative from each of the following:

a.         The Department of Labor.

b.         The Department of Justice.

c.         The Department of Public Safety.

d.         A health care representative."

SECTION 48.  G.S. 115C‑64.16(e) reads as rewritten:

"(e)       Grants. – Any grants awarded by the Commission may be spent over a five‑year period from the initial award. Grants may be awarded for new or existing projects."

SECTION 49.  Reserved.

SECTION 49.2.  G.S. 115C‑174.13 reads as rewritten:

"§ 115C‑174.13.  Public records exemption.

(a)        Until the State Board of Education designates that a test is released, any test developed, adopted, or provided by the State Board of Education, as provided in this Article, is not a public record within the meaning of G.S. 132‑1. The State Board of Education may develop rules to allow inspection of a test prior to release, but shall require that individuals inspecting the test meet the same standards for confidentiality required for employees of local boards of education in test administration. As used in this section, the term "test" includes both the test and related test materials.

(b)        Any written material containing the identifiable scores of individual students on any test taken pursuant to the provisions of this Article is not a public record within the meaning of G.S. 132‑1 and shall not be made public by any person, except as permitted under the provisions of the Family Educational and Privacy Rights Act of 1974, 20 U.S.C. 1232g."

SECTION 49.5.  G.S. 115C‑174.26, as recodified by Section 12 of S.L. 2014‑5, reads as rewritten:

"…

(h)        Beginning October 1, 2014,November 15, 2014, the State Board of Education shall report annually to the Joint Legislative Education Oversight Committee on advanced courses in North Carolina. The report shall include, at a minimum, the following information:

(1)        The North Carolina Advanced Placement Partnership's report to the Department of Public Instruction as required by subsection (g) of this section and the State Board's assessment of that report.

(2)        Number of students enrolled in advanced courses and participating in advanced course examinations, including demographic information by gender, race, and free and reduced‑price lunch status.

(3)        Student performance on advanced course examinations, including information by course, local school administrative unit, and school.

(4)        Number of students participating in 10th grade PSAT/NMSQT testing.

(5)        Number of teachers attending summer institutes offered by the North Carolina Advanced Placement Partnership.

(6)        Distribution of funding appropriated for advanced course testing fees and professional development by local school administrative unit and school.

(7)        Status and efforts of the North Carolina Advanced Placement Partnership.

(8)        Other trends in advanced courses and examinations."

SECTION 49.7.  G.S. 115C‑296(b1) reads as rewritten:

"(b1)    The State Board of Education shall require teacher education programs, master's degree programs in education, and master's degree programs in school administration to submit annual performance reports. The performance reports shall provide the State Board of Education with a focused review of the programs and the current process of accrediting these programs in order to ensure that the programs produce graduates that are well prepared to teach [, as follows]:teach, as follows:

(4)        Annual State Board of Education report. – The educator preparation program report cards shall be submitted to the Joint Legislative Education Oversight Committee on an annual basis by October 1.November 15.

…."

SECTION 50.  Reserved.

SECTION 51.(a)  G.S. 115D‑12(a) reads as rewritten:

"§ 115D‑12.  Each institution to have board of trustees; selection of trustees.

(a)        Each community college established or operated pursuant to this Chapter shall be governed by a board of trustees consisting of 13 members, or of additional members if selected according to the special procedure prescribed by the third paragraph of this subsection, who shall be selected by the following agencies. No member of the General Assembly may be appointed to a local board of trustees for a community college.

Group One – four trustees, elected by the board of education of the public school administrative unit located in the administrative area of the institution. If there are two or more public school administrative units, whether city or county units, or both, located within the administrative area, the trustees shall be elected jointly by all of the boards of education of those units, each board having one vote in the election of each trustee, except as provided in G.S. 115D‑59. No board of education shall elect a member of the board of education or any person employed by the board of education to serve as a trustee, however, any such person currently serving on a board of trustees shall be permitted to fulfill the unexpired portion of the trustee's current term.

Group Two – four trustees, elected by the board of commissioners of the county in which the institution is located. Provided, however, if the administrative area of the institution is composed of two or more counties, the trustees shall be elected jointly by the boards of commissioners of all those counties, each board having one vote in the election of each trustee. Provided, also, the county commissioners of the county in which the community college has established a satellite campus may elect an additional two members if the board of trustees of the community college agrees. No more than one trustee from Group Two may be a member of a each appointing board of county commissioners. Should the boards of education or the boards of commissioners involved be unable to agree on one or more trustees the senior resident superior court judge in the superior court district or set of districts as defined in G.S. 7A‑41.1 where the institution is located shall fill the position or positions by appointment.

Group Three – four trustees, appointed by the Governor.

Group Four – the president of the student government or the chairman of the executive board of the student body of each community college established pursuant to this Chapter shall be an ex officio nonvoting member of the board of trustees of each said institution."

SECTION 51.(b)  This section applies only to the Boards of Trustees of Central Carolina Community College.

SECTION 51.(c)  This section is effective when it becomes law and applies to appointments made on or after that date.

SECTION 51.5.  G.S. 115D‑15(a) reads as rewritten:

"(a)       The board of trustees of any institution organized under this Chapter may, with the prior approval of the North Carolina Community Colleges System Office, convey a right‑of‑way or easement for highway construction or for utility installations or modifications. When in the opinion of the board of trustees the use of any other real property owned or held by the board of trustees is unnecessary or undesirable for the purposes of the institution, the board of trustees, subject to prior approval of the State Board of Community Colleges, may sell, exchange, or lease the property. sell or dispose of the property. For purposes of this section, "dispose" means "lease, exchange, or demolish."  The board of trustees may dispose of any personal property owned or held by the board of trustees without approval of the State Board of Community Colleges. Personal property titled to the State Board of Community Colleges consistent with G.S. 115D‑14 and G.S. 115D‑58.5 may be transferred to another community college at no cost and without the approval of the Department of Administration, Division of Surplus Property.

Article 12 of Chapter 160A of the General Statutes shall apply to the disposal or sale of any real or personal property under this subsection. Personal property also may be disposed of under procedures adopted by the North Carolina Department of Administration. The proceeds of any sale or lease shall be used for capital outlay purposes, except as provided in subsection (b) of this section."

SECTION 52.  Part 5 of Article 1 of Chapter 116 of the General Statutes is amended by adding a new section to read:

"§ 116‑43.17.  Confidentiality of research data, records, and information of a proprietary nature.

Research data, records, or information of a proprietary nature, produced or collected by or for state institutions of higher learning in the conduct of commercial, scientific, or technical research where the data, records, or information has not been patented, published, or copyrighted are not public records as defined by G.S. 132‑1."

SECTION 53.(a)  G.S. 120‑31 is amended by adding a new subsection to read:

"(c1)     Six members of the Commission constitute a quorum."

SECTION 53.(b)  G.S. 120‑31(f) reads as rewritten:

"(f)       In any case where any provision of law or any rule of the Legislative Services Commission required requires approval of any action by the Legislative Services Commission, approval of that action by the President Pro Tempore of the Senate and by the Speaker of the House of Representatives constitutes approval of the Commission."

SECTION 54.  Reserved.

SECTION 55.(a)  G.S. 122A‑5.10, 122A‑5.11, and 122A‑5.12 are repealed.

SECTION 55.(b)  This section becomes effective January 1, 2015.

SECTION 55.2.  G.S. 124‑18 reads as rewritten:

"§ 124‑18.  Dividends required of State‑owned railroad company.

Any State‑owned railroad company that has trackage in more than two counties shall issue an annual cash dividend to the State. The amount of the annual dividend is twenty‑five percent (25%) of the company's income from the prior year's trackage rights agreements. The dividend is due by January February 15 of each year, and interest shall accrue at the annual rate of prime plus one percent (1%) if the payment is not paid by the due date. The Directors of any State‑owned railroad company who vote for or assent to the dividend required under this section shall not be held liable under G.S. 55‑8‑33."

SECTION 55.3.(a)  G.S. 126‑5(e) reads as rewritten:

"(e)       An exempt employee may be transferred, demoted, or separated from his or her position by the department head authorized to designate the exempt position except:except as follows:

(1)        When an employee who has the minimum service requirements described in G.S. 126‑1.1 but less than 10 years of cumulative service in subject positions prior to placement in an exempt position is removed from an exempt position, for reasons other than just cause, the employee shall have priority to any position that becomes available for which the employee is qualified, according to rules and regulations regulating and defining priority as promulgated by the State Human Resources Commission; orCommission.

(2)        When an employee who has 10 years or more cumulative service, including the immediately preceding 12 months, in subject positions prior to placement in an exempt position is removed from an exempt position, for reasons other than just cause, the employee shall be reassigned to a subject position within the same department or agency, or if necessary within another agency, and within a 35 mile radius of the exempt position, at the same grade and salary, including all across‑the‑board increases since placement in the position designated as exempt, as his or her most recent subject position.

(3)        When a career State employee as defined by G.S. 126‑1.1 who has more than two but less than 10 years or more of cumulative service in a subject position moves from one exempt position covered by this subsection to another position covered by this subsection without a break in service and that employee is later removed from the last exempt position, for reasons other than just cause, the employee shall have priority to any position that becomes available for which the employee is qualified, according to the rules regulating and defining priority as adopted by the State Human Resources Commission.

(4)        When a career State employee as defined by G.S. 126‑1.1 who has 10 years or more of cumulative service moves from one exempt position covered by this subsection to another position covered by this subsection without a break in service and that employee is later removed from the last exempt position, for reasons other than just cause, the employee shall be reassigned to a subject position within the same department or agency, or if necessary, within another department or agency. The employee shall be paid at the same grade and salary as the employee's most recent subject position, including all across‑the‑board legislative increases awarded since the employee's placement in the position that was designated as exempt."

SECTION 55.3.(b)  G.S. 126‑14.2(c) reads as rewritten:

"(c)       It is a violation of this section giving rise to the remedies set forth in G.S. 126‑14.4 if:

…."

SECTION 55.3.(c)  G.S. 126‑25(b) reads as rewritten:

"(b)      An employee, former employee, or applicant for employment who objects to material in the employee's file because he or she considers it inaccurate or misleading may seek the removal of such material from the file in accordance with a grievance procedure established by that department. approved by the State Human Resources Commission. If the agency determines that material in the employee's file is inaccurate or misleading, the agency shall remove or amend the inaccurate material to ensure that the file is accurate. Nothing in this subsection shall be construed to permit an employee to appeal the contents of a performance appraisal or written disciplinary action."

SECTION 55.3.(d)  G.S. 126‑34.02(b)(5) reads as rewritten:

"(5)      Failure to post or give priority consideration. – An applicant for State employment or a State employee may allege that he or she was denied hiring or promotion because a position was not posted in accordance with this Chapter Chapter; or a career State employee may allege that because he or she was denied hiring or a promotion as a result of a failure to give priority consideration for promotion or reemployment as required by G.S. 126‑7.1. G.S. 126‑7.1; or a career State employee may allege that he or she was denied hiring as a result of the failure to give him or her a reduction‑in‑force priority."

SECTION 55.3.(e)  G.S. 126‑82(d) reads as rewritten:

"(d)      Any eligible veteran who has reason to believe that he or she did not receive a veteran's preference in accordance with the provisions of this Article or rules adopted under it may appeal directly to the State Human Resources Commission.that denial as provided by G.S. 126‑34.01 and G.S. 126‑34.02."

SECTION 55.3.(f)  G.S. 135‑4(ff)(1) reads as rewritten:

"(ff)      Retroactive Membership Service. – A member who is reinstated to service as an employee as defined in G.S. 135‑1(10) or as a teacher as defined in G.S. 135‑1(25) retroactively to the date of prior involuntary termination with back pay, as defined by the State Human Resources Commission, and associated benefits may be allowed membership service, after submitting clear and convincing evidence of the reinstatement, payment of back pay, and restoration of associated benefits, as follows:

(1)        When the reinstatement to service is by court order, final decision of an Administrative Law Judge, or decision of the State Human Resources Commission,with the approval of the Office of State Human Resources Director, and is:

a.         Within 90 days of the involuntary termination, by the payment of employee and employer contributions that would have been paid; or

b.         After 90 days of the involuntary termination, by the payment of the employee and employer contributions that would have been paid plus interest compounded annually at a rate equal to the greater of the average yield on the pension accumulation fund for the preceding calendar year or the actuarial investment rate‑of‑return assumption, as adopted by the Board of Trustees."

SECTION 55.3.(g)  Section 8.3 of S.L. 2013‑382 reads as rewritten:

"SECTION 8.3. This Part is effective when it becomes law and expires June 30, 2014. June 30, 2015. The Office of State Personnel and the Office of State Budget and Management shall report to the Joint Legislative Commission on Governmental Operations on January 31, 2014, April 30, 2014, and September 1, 2014.September 1, 2014, January 31, 2015, April 30, 2015, and September 1, 2015."

SECTION 55.3.(h)  The Codifier of Rules shall make all necessary changes in nomenclature in Title 25 of the North Carolina Administrative Rules as follows:

(1)        To change the name of the Office of State Personnel to the Office of State Human Resources.

(2)        To change the name of the State Personnel Commission to the State Human Resources Commission.

(3)        To change the name of the Director of the Office of State Personnel to the Director of the Office of State Human Resources.

(4)        To change the name of the Office of State Personnel Director to the Office of State Human Resources Director.

(5)        Any other change consistent with this section.

SECTION 55.4.(a)  The Revisor of Statutes is authorized to change in the General Statutes the title of Chapter 126 of the General Statutes to read "North Carolina Human Resources Act," consistent with the title change in Section 9.1 of S.L. 2013‑382.

SECTION 55.4.(b)  G.S. 115C‑21(a)(1) reads as rewritten:

"(1)      To organize and establish a Department of Public Instruction which shall include such divisions and departments as the State Board considers necessary for supervision and administration of the public school system. All appointments of administrative and supervisory personnel to the staff of the Department of Public Instruction are subject to the approval of the State Board of Education, which may terminate these appointments for cause in conformity with Chapter 126 of the General Statutes, the State Personnel System.North Carolina Human Resources Act."

SECTION 55.4.(c)  Except as otherwise provided in this section, the General Statutes are amended by deleting the phrase "State Personnel System" wherever it appears and substituting "State Human Resources system".  The Revisor of Statutes is authorized to make the substitutions enacted in this subsection and to capitalize the word "system" in "State Human Resources system" if the phrase appears in a title.

SECTION 55.5.  G.S. 130A‑320, as amended by S.L. 2014‑41, reads as rewritten:

"§ 130A‑320.  Sanitation of watersheds; rules; inspections; local source protection planning.

(a)        The Commission shall adopt rules governing the sanitation of watersheds from which public drinking water supplies are obtained. In adopting these rules the Commission is authorized to consider the different classes of watersheds, taking into account general topography, nature of watershed development, density of population and need for frequency of sampling of raw water. The rules shall govern the keeping of livestock, operation of recreational areas, maintenance of residences and places of business, disposal of sewage, establishment of cemeteries or burying grounds, and any other factors which would endanger the public water supply.

(b)        Any supplier of water operating a public water system and furnishing water from unfiltered surface supplies shall inspect the watershed area at least quarterly, and more often when the Department determines that more frequent inspections are necessary.

(c)        Every supplier of water operating a public water system treating and furnishing water from unfiltered surface supplies shall create and implement a source water protection plan (SWPP). The Commission shall adopt rules that provide all of the following:

(1)        A standardized format for use by suppliers of water in creating their SWPP. The Commission may create different formats and required plan elements for public water systems based on the system type, source type, watershed classification, population served, source susceptibility to contamination, proximity of potential contamination sources to the intake, lack of water supply alternatives, or other characteristics the Commission finds to be relevant.

(2)        Schedules for creating a SWPP, implementing mandatory provisions of the SWPP, and for review and update of the SWPP by suppliers of water.

(3)        Reporting requirements sufficient for the Department to monitor the creation, implementation, and revision by suppliers of water. The Commission may provide different reporting requirements based on the public water system characteristics set forth in subdivision (1) of this subsection."

SECTION 56.(a)  G.S. 131E‑6(3) reads as rewritten:

"(3)      "Corporation, foreign or domestic, authorized to do business in North Carolina" means ameans any of the following:

a.         A corporation for profit or having a capital stock which is created and organized under Chapter 55 of the General Statutes or any other general or special act of this State, or aState.

b.         A foreign corporation which has procured a certificate of authority to transact business in this State pursuant to Article 10 of Chapter 55 of the General Statutes.

c.         A limited liability company formed under Chapter 57D of the General Statutes.

d.         A foreign limited liability company that has procured a certificate of authority to transact business in this State pursuant to Article 7 of Chapter 57D of the General Statutes."

SECTION 56.(b)  This section becomes effective October 1, 2014.

SECTION 56.1.  G.S. 132‑6(d), as enacted by S.L. 2014‑18, reads as rewritten:

"(d)      Notwithstanding the provisions of subsections (a) and (b) of this section, public records relating to the proposed expansion or location of specific business or industrial projects may be withheld so long as their inspection, examination or copying would frustrate the purpose for which such public records were created; provided, however, that nothing herein shall be construed to permit the withholding of public records relating to general economic development policies or activities. Once the State, a local government, or the specific business has announced a commitment by the business to expand or locate a specific project in this State or the business has made a final decision not to do so, of which the State or local government agency involved with the project knows or should know,and that the business will receive a discretionary incentive for the project pursuant to Chapter 143B of the General Statutes, the provisions of this subsection allowing public records to be withheld by the agency no longer apply. If the specific business has requested discretionary incentives for the project pursuant to Chapter 143B of the General Statutes, but decides to not expand or locate the project in this State or does not receive such discretionary incentives, then the only records that are subject to disclosure pursuant to this Chapter are the records submitted to the Department of Commerce by the nonprofit corporation with which the Department contracts pursuant to G.S. 143B‑431A. If a business decides to expand or locate a specific project in this State, but the nonprofit corporation with which the Department contracts pursuant to G.S. 143B‑431A does not submit any documentation to the Department regarding a request for any discretionary incentives by the State pursuant to Chapter 143B of the General Statutes, and the business does not receive any such discretionary incentives, then any records regarding such project are not subject to disclosure pursuant to this Chapter. Once the provisions of this subsection no longer apply, the agency shall disclose as soon as practicable, and within 25 business days, public records requested for the announced project that are not otherwise made confidential by law. An announcement that a business or industrial project has committed to expand or locate in the State shall not require disclosure of local government records relating to the project if the business has not selected a specific location within the State for the project. Once a specific location for the project has been determined, local government records must be disclosed, upon request, in accordance with the provisions of this section. For purposes of this section, "local government records" include records maintained by the State that relate to a local government's efforts to attract the project.

Records relating to the proposed expansion or location of specific business or industrial projects that are in the custody of the Department of Commerce or an entity with which the Department contracts pursuant to G.S. 143B‑431A shall be treated as follows:

(1)        Unless controlled by another subdivision of this subsection, the records may be withheld if their inspection, examination, or copying would frustrate the purpose for which the records were created.

(2)        If no discretionary incentives pursuant to Chapter 143B of the General Statutes are requested for a project and if the specific business decides to expand or locate the project in the State, then the records relating to the project shall not be disclosed.

(3)        If the specific business has requested discretionary incentives for a project pursuant to Chapter 143B of the General Statutes and if either the business decides not to expand or locate the project in the State or the project does not receive the discretionary incentives, then the only records relating to the project that may be disclosed are the requests for discretionary incentives pursuant to Chapter 143B of the General Statutes and any information submitted to the Department by the contracted entity.

(4)        If the specific business receives a discretionary incentive for a project pursuant to Chapter 143B of the General Statutes and the State or the specific business announces a commitment to expand or locate the project in this State, all records requested for the announced project, not otherwise made confidential by law, shall be disclosed as soon as practicable and within 25 days from the date of announcement."

SECTION 56.2.  G.S. 136‑18(37) reads as rewritten:

" § 136‑18.  Powers of Department of Transportation.

(37)      To permit private use of and encroachment upon the right‑of‑way of a State highway or road for the purpose of construction and maintenance of a privately owned bridge for pedestrians or motor vehicles,bridge owned by a private or public entity, if the bridge shall not unreasonably interfere with or obstruct the public use of the right‑of‑way. Any agreement for an encroachment authorized by this subdivision shall be approved by the Board of Transportation, upon a finding that the encroachment is necessary and appropriate, in the sole discretion of the Board. Locations, plans, and specifications for any pedestrian or vehicular bridge authorized by the Board for construction pursuant to this subdivision shall be approved by the Department of Transportation. For any bridge subject to this subdivision, the Department shall retain the right to reject any plans, specifications, or materials used or proposed to be used, inspect and approve all materials to be used, inspect the construction, maintenance, or repair, and require the replacement, reconstruction, repair, or demolition of any partially or wholly completed bridge that, in the sole discretion of the Department, is unsafe or substandard in design or construction. An encroachment agreement authorized by this subdivision may include a requirement to purchase and maintain liability insurance in an amount determined by the Department of Transportation. The Department shall ensure that any bridge constructed pursuant to this subdivision is regularly inspected for safety. The owner shall have the bridge inspected every two years by a qualified private engineering firm based on National Bridge Inspection Standards and shall provide the Department copies of the Bridge Inspection Reports where they shall be kept on file. Any bridge authorized and constructed pursuant to this subdivision shall be subject to all other rules and conditions of the Department of Transportation for encroachments."

SECTION 56.5.  G.S. 136‑82(d) reads as rewritten:

"(d)      Use of Toll Proceeds. – The Department of Transportation shall credit the proceeds from tolls collected on North Carolina Ferry System routes and receipts generated under subsection (e)(f) of this section to reserve accounts within the Highway Fund for each of the Highway Divisions in which system terminals are located and fares are earned. For the purposes of this subsection, fares are earned based on the terminals from which a passenger trip originates and terminates. Commuter pass receipts shall be credited proportionately to each reserve account based on the distribution of trips originating and terminating in each Highway Division. The proceeds credited to each reserve account shall be used exclusively for prioritized North Carolina Ferry System ferry passenger vessel replacement projects in the Division in which the proceeds are earned. Proceeds may be used to fund ferry passenger vessel replacement projects or supplement funds allocated for ferry passenger vessel replacement projects approved in the Transportation Improvement Program."

SECTION 56.6.  G.S. 136‑189.11(e)(1) reads as rewritten:

"(1)      Limitation on variance. – The Department, in obligating funds in accordance with this section, shall ensure that the percentage amount obligated to Statewide Strategic Mobility Projects, Regional Impact Projects, and Division Need Projects does not vary by more than five percent (5%) ten percent (10%) over any five‑year period from the percentage required to be allocated to each of those categories by this section. Funds obligated among distribution regions or divisions pursuant to this section may vary up to ten percent (10%) over any five‑year period."

SECTION 56.6A.(a)  G.S. 136‑200.2(j), as amended by Section 12(a) of S.L. 2014‑58, reads as rewritten:

"(j)       Violations. – A violation of subdivision (1) of subsection (g) of this section shall be a Class 1 misdemeanor. An MPO member who knowingly conceals or knowingly fails to disclose information that is required to be disclosed on a required filing under subdivisions (3) or (4) of subsection (g) of this section shall be guilty of a Class 1 misdemeanor. An MPO member who provides false information on a required filing under subdivisions (3) or (4) of subsection (g) of this section knowing that the information is false is guilty of a Class H felony. If the State Ethics Commission receives written allegations of violations of this section, the Commission shall report such violations to the Attorney GeneralDirector of the State Bureau of Investigation for investigation and referral to the District Attorney for possible prosecution. All written allegations or related documents are confidential and are not matters of public record."

SECTION 56.6A.(b)  G.S. 136‑211(j), as amended by Section 12(b) of S.L. 2014‑58, reads as rewritten:

"(j)       Violations. – A violation of subdivision (1) of subsection (f) of this section shall be a Class 1 misdemeanor. A rural transportation planning organization member who knowingly conceals or knowingly fails to disclose information that is required to be disclosed on a required filing under subdivisions (3) or (4) of subsection (f) of this section shall be guilty of a Class 1 misdemeanor. A rural transportation planning organization member who provides false information on a required filing under subdivisions (3) or (4) of subsection (f) of this section knowing that the information is false is guilty of a Class H felony. If the State Ethics Commission receives written allegations of violations of this section, the Commission shall report such violations to the Attorney GeneralDirector of the State Bureau of Investigation for investigation and referral to the District Attorney for possible prosecution. All written allegations or related documents are confidential and are not matters of public record."

SECTION 56.6A.(c)  G.S. 138A‑25, as amended by Section 12(c) of S.L. 2014‑58, reads as rewritten:

"§ 138A‑25.  Failure to file.

...

(d)        Within 30 days after the date due under G.S. 138A‑22, the Commission shall notify persons who are required to file a Statement of Economic Interest under G.S. 136‑200.2(g)(3) or G.S. 136‑211(f)(3) of a failure to file the Statement of Economic Interest or the filing of an incomplete Statement of Economic Interest. The Commission shall notify the filing person that if the Statement of Economic Interest is not filed or completed within 30 days of receipt of the notice of failure to file or complete, the filing person shall be fined and referred for prosecution after an additional 30 days, as provided for in this section.

(1)        Any filing person who fails to file a Statement of Economic Interest under G.S. 136‑200.2(g)(3) or G.S. 136‑211(f)(3) within 30 days of the receipt of the notice required under this section shall be fined two hundred fifty dollars ($250.00) by the Commission for not filing or filing an incomplete Statement of Economic Interest, except in extenuating circumstances as determined by the Commission.

(2)        Failure by any filing person to file or complete the Statement of Economic Interest within 60 days of the receipt of the notice required under this subsection shall be a Class 1 misdemeanor. The Commission shall report such failure to the Attorney GeneralDirector of the State Bureau of Investigation for investigation and referral to the District Attorney for possible prosecution, unless the Commission determines extenuating circumstances exist.

(e)        Within 30 days after the date due under G.S. 138A‑22, the Commission shall notify persons who are required to file an additional disclosure under G.S. 136‑200.2(g)(4) or G.S. 136‑211(f)(4) of a failure to file the additional disclosure or the filing of an incomplete additional disclosure. The Commission shall notify the filing person that if the additional disclosure is not filed or completed within 30 days of receipt of the notice of failure to file or complete, the filing person shall be fined and referred for prosecution after an additional 30 days, as provided for in this section.

(1)        Any filing person who fails to file or who files an incomplete additional disclosure within 30 days of the receipt of the notice required under this section shall be fined two hundred fifty dollars ($250.00) for not filing or filing an incomplete additional disclosure, except in extenuating circumstances as determined by the Commission.

(2)        Failure by any filing person to file or complete the additional disclosure within 60 days of the receipt of the notice required under this subsection shall be a Class 1 misdemeanor. The Commission shall report such failure to the Attorney GeneralDirector of the State Bureau of Investigation for investigation and referral to the District Attorney for possible prosecution, unless the Commission determines extenuating circumstances exist."

SECTION 56.6A.(d)  This section becomes effective October 1, 2014. 

SECTION 56.7.  G.S. 143‑64.17B reads as rewritten:

"§ 143‑64.17B.  Guaranteed energy savings contracts.

(a)        A governmental unit may enter into a guaranteed energy savings contract with a qualified provider if all of the following apply:

(1)        The term of the contract does not exceed 20 years from the date of the installation and acceptance by the governmental unit of the energy conservation measures provided for under the contract.

(2)        The governmental unit finds that the energy savings resulting from the performance of the contract will equal or exceed the total cost of the contract.

(3)        The energy conservation measures to be installed under the contract are for an existing building or utility system.system, or utility consuming device or equipment when the utility cost is paid by the governmental unit.

(b)        Before entering into a guaranteed energy savings contract, the governmental unit shall provide published notice of the time and place or of the meeting at which it proposes to award the contract, the names of the parties to the proposed contract, and the contract's purpose. The notice must be published at least 15 days before the date of the proposed award or meeting.

(c)        A qualified provider entering into a guaranteed energy savings contract under this Part shall provide security to the governmental unit in the form acceptable to the Office of the State Treasurer and in an amount equal to one hundred percent (100%) of the guaranteed savings for the term of the guaranteed energy savings contract to assure the provider's faithful performance. Any bonds required by this subsection shall be subject to the provisions of Article 3 of Chapter 44A of the General Statutes. If the savings resulting from a guaranteed energy savings contract are not as great as projected under the contract and all required shortfall payments to the governmental unit have not been made, the governmental unit may terminate the contract without incurring any additional obligation to the qualified provider.

(d)        As used in this section, "total cost" shall include, but not be limited to, costs of construction, costs of financing, and costs of maintenance and training during the term of the contract.contract less the application of the utility company, State, or federal incentives, grants, or rebates. "Total cost" does not include any obligations on termination of the contract before its expiration, provided that those obligations are disclosed when the contract is executed.

(e)        A guaranteed energy savings contract may not require the governmental unit to purchase a maintenance contract or other maintenance agreement from the qualified provider who installs energy conservation measures under the contract if the unit of government takes appropriate action to budget for its own forces or another provider to maintain new systems installed and existing systems affected by the guaranteed energy savings contract.

(f)         In the case of a State governmental unit, a qualified provider shall, when feasible, after the acceptance of the proposal of the qualified provider by the State governmental unit, conduct an investment grade audit. During this investment grade audit, the qualified provider shall perform in accordance with Part 1 of this Article a life cycle cost analysis of each energy conservation measure in the final proposal. If the results of the audit are not within ten percent (10%) of both the guaranteed savings contained in the proposal and the total proposal amount, either the State governmental unit or the qualified provider may terminate the project without incurring any additional obligation to the other party. However, if the State governmental unit terminates the project after the audit is conducted and the results of the audit are within ten percent (10%) of both the guaranteed savings contained in the proposal and the total proposal amount, the State governmental unit shall reimburse the qualified provider the reasonable cost incurred in conducting the audit, and the results of the audit shall become the property of the State governmental unit.

(g)        A qualified provider shall provide an annual reconciliation statement based upon the results of the measurement and verification review. The statement shall disclose any shortfalls or surplus between guaranteed energy and operational savings specified in the guaranteed energy savings contract and actual, not stipulated, energy and operational savings incurred during a given guarantee year. Any guaranteed energy and operational savings shall be determined by using one of the measurement and verification methodologies listed in the United States Department of Energy's Measurement and Verification Guidelines for Energy Savings Performance Contracting, the International Performance Measurement and Verification Protocol (IPMVP) maintained by the Efficiency Valuation Organization, or Guideline 14‑2002 of the American Society of Heating, Refrigerating, and Air‑Conditioning Engineers. If due to existing data limitations or the nonconformance of specific project characteristics, none of the three methodologies listed in this subsection is sufficient for measuring guaranteed savings, the qualified provider shall develop an alternate method that is compatible with one of the three methodologies and mutually agreeable to the governmental unit. The guarantee year shall consist of a 12‑month term commencing from the time that the energy conservation measures become fully operational. A qualified provider shall pay the governmental unit or its assignee any shortfall in the guaranteed energy and operational savings after the total year savings have been determined. In the case of a governmental unit, a surplus in any one year shall not be carried forward or applied to a shortfall in any other year."

SECTION 56.7A.  G.S. 143B‑373 reads as rewritten:

"§ 143B‑373.  North Carolina Capital Planning Commission – creation; powers and duties.

(a)        There is hereby recreated the North Carolina Capital Planning Commission of the Department of Administration.

(1)        The Commission shall have all of the following powers and duties:

a.         Compile To obtain and maintain up‑to‑date building requirements for State governmental agencies in Wake County;County.

b.         To formulate a Formulate and maintain an up‑to‑date long‑range capital improvement program as required for State central governmental agencies in Wake County and maintain this program up‑to‑date;County.

c.         To recommendRecommend the acquisition of land as required;required.

d.         To recommendRecommend to the Governor the locations for State government buildings, monuments, memorials and improvements in Wake County, except for buildings occupied by the General Assembly; andAssembly.

e.         To recommendRecommend to the Governor the name for any new State government building or any building hereafter acquired by the State of North Carolina in Wake County, with the exception of buildings comprising a part of the North Carolina State University, the Dorothea Dix Hospital, the General Assembly or the Governor Morehead School;School.

(2)        The Commission is authorized and empowered to adopt such rules and regulations, not inconsistent with the laws of this State, as may be required by the federal government for grants‑in‑aid for capital improvement purposes which may be made available to the State by the federal government. This section is to be liberally construed in order that the State and its citizens may benefit from such grants‑in‑aid.

(3)        The Commission shall adopt rules and regulations consistent with the provisions of this Chapter. All rules and regulations not inconsistent with the provisions of this Chapter heretofore adopted by the existing North Carolina Capital Planning Commission shall remain in full force and effect unless and until repealed or superseded by action of the recreated Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Administration.

(b)        Any:

(1)        City exercising any jurisdiction in Wake County under Article 19 of Chapter 160A of the General Statutes (or under any local act of similar nature); and

(2)        County exercising any jurisdiction in Wake County under Article 18 of Chapter 153A of the General Statutes (or under any local act of similar nature)

shall provide to the North Carolina Capital Planning Commission no later than August 1, 1989, a copy of any ordinance adopted under that Article and in effect on July 1, 1989, and shall provide a copy of any additional ordinance adopted or amended under such Article or similar local act after July 1, 1989, within 30 days of adoption; provided that no ordinance adopted under G.S. 160A‑441 shall be so provided unless it applies to a structure owned by the State.

(c)        Any:

(1)        City exercising any jurisdiction in Wake County under Article 19 of Chapter 160A of the General Statutes (or under any local act of similar nature); and

(2)        County exercising any jurisdiction in Wake County under Article 18 of Chapter 153A of the General Statutes (or under any local act of similar nature)

shall provide to the North Carolina Capital Planning Commission within seven days of first consideration by the governing body any proposal under either of those Articles or local acts which, if adopted would affect property within Wake County owned by the State.

(d)        The North Carolina Capital Planning Commission may, by resolution, further define what types of proposals are required to be submitted under subsection (c) of this section, and may define the meaning of "first consideration" differently as to different types of actions, and may require similar notice of proposals before planning boards, boards of adjustment, and planning commissions. The North Carolina Capital Planning Commission may, in lieu of the specific requirements of subsection (c) and this subsection, adopt a different schedule for submission of proposals and ordinances, and the schedule may be different for different jurisdictions, so as to carry out the intent of this section."

SECTION 56.8.(a)  G.S. 143B‑426.38A reads as rewritten:

"§ 143B‑426.38A.  Government Data Analytics Center; State data‑sharing requirements.

(a)        State Government Data Analytics. – The State shall initiate across State agencies, departments, and institutions a data integration and data‑sharing initiative that is not intended to replace transactional systems but is instead intended to leverage the data from those systems for enterprise‑level State business intelligence.intelligence as follows:

(1)        Creation of initiative. – In carrying out the purposes of this section, the Office of the State ControllerChief Information Officer (CIO) shall conduct an ongoing, comprehensive evaluation of State data analytics projects and plans in order to identify data integration and business intelligence opportunities that will generate greater efficiencies in, and improved service delivery by, State agencies, departments, and institutions. The State Controller and State CIO shall continue to utilize public‑private partnerships and existing data integration and analytics contracts and licenses as appropriate to continue the implementation of the initiative.

(2)        Application to State government. – The initiative shall include all State agencies, departments, and institutions, including The University of North Carolina.

(3)        Governance. – The State ControllerCIO shall lead the initiative established pursuant to this section. The Chief Justice of the North Carolina Supreme Court and the Legislative Services Commission each shall designate an officer or agency to advise and assist the State ControllerCIO with respect to implementation of the initiative in their respective branches of government. The judicial and legislative branches shall fully cooperate in the initiative mandated by this section in the same manner as is required of State agencies.

(b)        Government Data Analytics Center. –

(1)        GDAC established. – There is established in the Office of the State Controller CIO the Government Data Analytics Center (GDAC). GDAC shall assume continue the work, purpose, and resources of the currentprevious data integration effort in the Office of the State Controller and shall otherwise advise and assist the State ControllerCIO in the management of the initiative. The State ControllerCIO shall make any organizational changes necessary to maximize the effectiveness and efficiency of GDAC.

(2)        Powers and duties of the GDAC. – The State ControllerCIO shall, through the GDAC, do all of the following:

a.         Continue and coordinate ongoing enterprise data integration efforts, including:

1.         The deployment, support, technology improvements, and expansion for the Criminal Justice Law Enforcement Automated Data System (CJLEADS).

2.         The pilot and subsequent phase initiative for the North Carolina Financial Accountability and Compliance Technology System (NCFACTS).

3.         Individual‑level student data and workforce data from all levels of education and the State workforce.

4.         Other capabilities developed as part of the initiative.

b.         Identify technologies currently used in North Carolina that have the capability to support the initiative.

c.         Identify other technologies, especially those with unique capabilities, that could support the State's business intelligence effort.

d.         Compare capabilities and costs across State agencies.

e.         Ensure implementation is properly supported across State agencies.

f.          Ensure that data integration and sharing is performed in a manner that preserves data privacy and security in transferring, storing, and accessing data, as appropriate.

g.         Immediately seek any waivers and enter into any written agreements that may be required by State or federal law to effectuate data sharing and to carry out the purposes of this section.

h.         Coordinate data requirements and usage for State business intelligence applications in a manner that (i) limits impacts on participating State agencies as those agencies provide data and business knowledge expertise and (ii) assists in defining business rules so the data can be properly used.

i.          Recommend the most cost‑effective and reliable long‑term hosting solution for enterprise‑level State business intelligence as well as data integration, notwithstanding Section 6A.2(f) of S.L. 2011‑145.

(c)        Implementation of the Enterprise‑Level Business Intelligence Initiative. –

(1)        Phases of the initiative. – The initiative shall cycle through these phases on an ongoing basis:basis as follows:

a.         Phase I requirements. – In the first phase, the State ControllerCIO through GDAC shall:

1.         Inventory existing State agency business intelligence projects, both completed and under development.

2.         Develop a plan of action that does all of the following:

I.          Defines the program requirements, objectives, and end state of the initiative.

II.         Prioritizes projects and stages of implementation in a detailed plan and benchmarked time line.

III.       Includes the effective coordination of all of the State's current data integration initiatives.

IV.       Utilizes a common approach that establishes standards for business intelligence initiatives for all State agencies and prevents the development of projects that do not meet the established standards.

V.        Determines costs associated with the development efforts and identifies potential sources of funding.

VI.       Includes a privacy framework for business intelligence consisting of adequate access controls and end user security requirements.

VII.      Estimates expected savings.

3.         Inventory existing external data sources that are purchased by State agencies to determine whether consolidation of licenses is appropriate for the enterprise.

4.         Determine whether current, ongoing projects support the enterprise‑level objectives.

5.         Determine whether current applications are scalable or are applicable for multiple State agencies or both.

b.         Phase II requirements. – In the second phase, the State Controller  CIO through the GDAC shall:

1.         Identify redundancies and recommend to the State CIO General Assembly any projects that should be discontinued.

2.         Determine where gaps exist in current or potential capabilities.

c.         Phase III requirements. – In the third phase:

1.         The State ControllerCIO through GDAC shall incorporate or consolidate existing projects, as appropriate.

2.         The State ControllerCIO shall, notwithstanding G.S. 147‑33.76 or any rules adopted pursuant thereto, eliminate redundant business intelligence projects, applications, software, and licensing.

3.         The State ControllerCIO through GDAC shall complete all necessary steps to ensure data integration in a manner that adequately protects privacy.

(2)        Project management. – The State CIO shall ensure that all current and new business intelligence/data analytics projects are in compliance with all State laws, policies, and rules pertaining to information technology procurement, project management, and project funding and that they include quantifiable and verifiable savings to the State. The State CIO shall report to the Joint Legislative Oversight Committee on Information Technology on projects that are not achieving projected savings. The report shall include a proposed corrective action plan for the project.

      The Office of the State CIO, with the assistance of the Office of State Budget and Management, shall identify potential funding sources for expansion of existing projects or development of new projects. No GDAC project shall be initiated, extended, or expanded:

a.         Without the specific approval of the General Assembly unless the project can be implemented within funds appropriated for GDAC projects.

b.         Without prior consultation to the Joint Legislative Commission on Governmental Operations and a report to the Joint Legislative Oversight Committee on Information Technology if the project can be implemented within funds appropriated for GDAC projects.

(d)        Funding. – The Office of the State Controller,CIO, with the support of the Office of State Budget and Management, shall identify and make all efforts to secure any matching funds or other resources to assist in funding this initiative. Savings resulting from the cancellation of projects, software, and licensing, as well as any other savings from the initiative, shall be returned to the General Fund and shall remain unexpended and unencumbered until appropriated by the General Assembly in a subsequent fiscal year. It is the intent of the General Assembly that expansion of the initiative in subsequent fiscal years be funded with these savings and that the General Assembly appropriate funds for projects in accordance with the priorities identified by the Office of the State ControllerCIO in Phase I of the initiative.

(d1)      Appropriations. – Of the funds appropriated to the Information Technology Fund, the sum of three million dollars ($3,000,000) for the 2013‑2014 fiscal year and the sum of four million four hundred seventeen thousand five hundred fifteen dollars ($4,417,515) for the 2014‑2015 fiscal year shall be used to support the GDAC and NCFACTS. Of these funds, the sum of one million four hundred seventeen thousand five hundred fifteen dollars ($1,417,515) shall be used in each fiscal year of the 2013‑2015 biennium for OSC internal costs. For fiscal year 2014‑2015, of the funds generated by GDAC and NCFACTS projects and returned to the General Fund, the sum of up to five million dollars ($5,000,000) is appropriated to fund GDAC and NCFACTS, to include vendor payments. Prioritization for the expenditure of these funds shall be for State costs associated with GDAC first, then vendor costs second. Funds in the 2013‑2015 fiscal year budgets for GDAC and NCFACTS shall be used solely to support the continuation for these priority project areas.

(e)        Reporting. – The Office of the State Controller CIO shall:

(1)        Submit and present quarterly reports on the implementation of Phase I of the initiative and the plan developed as part of that phase to the Chairs of the House of Representatives Appropriations and Senate Base Budget/Appropriations Committees, to the Joint Legislative Oversight Committee on Information Technology, and to the Fiscal Research Division of the General Assembly. The State Controller CIO shall submit a report prior to implementing any improvements, expending funding for expansion of existing business intelligence efforts, or establishing other projects as a result of its evaluations, and quarterly thereafter, a written report detailing progress on, and identifying any issues associated with, State business intelligence efforts.

(2)        Report the following information as needed:

a.         Any failure of a State agency to provide information requested pursuant to this section. The failure shall be reported to the Joint Legislative Oversight Committee on Information Technology and to the Chairs of the House of Representatives Appropriations and Senate Base Budget/Appropriations Committees.

b.         Any additional information to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Oversight Committee on Information Technology that is requested by those entities.

(f)         Data Sharing. –

(1)        General duties of all State agencies. – Except as limited or prohibited by federal law, the head of each State agency, department, and institution shall do all of the following:

a.         Grant the Office of the State Controller CIO access to all information required to develop and support State business intelligence applications pursuant to this section. The State Controller CIO and the GDAC shall take all necessary actions and precautions, including training, certifications, background checks, and governance policy and procedure, to ensure the security, integrity, and privacy of the data in accordance with State and federal law and as may be required by contract.

b.         Provide complete information on the State agency's information technology, operational, and security requirements.

c.         Provide information on all of the State agency's information technology activities relevant to the State business intelligence effort.

d.         Forecast the State agency's projected future business intelligence information technology needs and capabilities.

e.         Ensure that the State agency's future information technology initiatives coordinate efforts with the GDAC to include planning and development of data interfaces to incorporate data into the initiative and to ensure the ability to leverage analytics capabilities.

f.          Provide technical and business resources to participate in the initiative by providing, upon request and in a timely and responsive manner, complete and accurate data, business rules and policies, and support.

g.         Identify potential resources for deploying business intelligence in their respective State agencies and as part of the enterprise‑level effort.

h.         Immediately seek any waivers and enter into any written agreements that may be required by State or federal law to effectuate data sharing and to carry out the purposes of this section, as appropriate.

(2)        Specific requirements. – The State ControllerCIO and the GDAC shall enhance the State's business intelligence through the collection and analysis of data relating to workers' compensation claims for the purpose of preventing and detecting fraud, as follows:

a.         The North Carolina Industrial Commission shall release to GDAC, or otherwise provide electronic access to, all data requested by GDAC relating to workers' compensation insurance coverage, claims, appeals, compliance, and enforcement under Chapter 97 of the General Statutes.

b.         The North Carolina Rate Bureau (Bureau) shall release to GDAC, or otherwise provide electronic access to, all data requested by GDAC relating to workers' compensation insurance coverage, claims, business ratings, and premiums under Chapter 58 of the General Statutes. The Bureau shall be immune from civil liability for releasing information pursuant to this subsection, even if the information is erroneous, provided the Bureau acted in good faith and without malicious or willful intent to harm in releasing the information.

c.         The Department of Commerce, Division of Employment Security (DES), shall release to GDAC, or otherwise provide access to, all data requested by GDAC relating to unemployment insurance coverage, claims, and business reporting under Chapter 96 of the General Statutes.

d.         The Department of Labor shall release to GDAC, or otherwise provide access to, all data requested by GDAC relating to safety inspections, wage and hour complaints, and enforcement activities under Chapter 95 of the General Statutes.

e.         The Department of Revenue shall release to GDAC, or otherwise provide access to, all data requested by GDAC relating to the registration and address information of active businesses, business tax reporting, and aggregate federal tax Form 1099 data for comparison with information from DES, the Rate Bureau, and the Department of the Secretary of State for the evaluation of business reporting. Additionally, the Department of Revenue shall furnish to the GDAC, upon request, other tax information, provided that the information furnished does not impair or violate any information‑sharing agreements between the Department and the United States Internal Revenue Service. Notwithstanding any other provision of law, a determination of whether furnishing the information requested by GDAC would impair or violate any information‑sharing agreements between the Department of Revenue and the United States Internal Revenue Service shall be within the sole discretion of the State Chief Information Officer. The Department of Revenue and the Office of the State Controller CIO shall work jointly to assure that the evaluation of tax information pursuant to this subdivision is performed in accordance with applicable federal law.

(3)        All information shared with GDAC and the State Controller CIO under this subdivision is protected from release and disclosure in the same manner as any other information is protected under this section.

(g)        Provisions on Privacy and Confidentiality of Information.

(1)        Status with respect to certain information. – The State Controller CIO and the GDAC shall be deemed to be all of the following for the purposes of this section:

a.         With respect to criminal information, and to the extent allowed by federal law, a criminal justice agency (CJA), as defined under Criminal Justice Information Services (CJIS) Security Policy. The State CJIS Systems Agency (CSA) shall ensure that CJLEADS receives access to federal criminal information deemed to be essential in managing CJLEADS to support criminal justice professionals.

b.         With respect to health information covered under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, and to the extent allowed by federal law:

1.         A business associate with access to protected health information acting on behalf of the State's covered entities in support of data integration, analysis, and business intelligence.

2.         Authorized to access and view individually identifiable health information, provided that the access is essential to the enterprise fraud, waste, and improper payment detection program or required for future initiatives having specific definable need for the data.

c.         Authorized to access all State and federal data, including revenue and labor information, deemed to be essential to the enterprise fraud, waste, and improper payment detection program or future initiatives having specific definable need for the data.

d.         Authorized to develop agreements with the federal government to access data deemed to be essential to the enterprise fraud, waste, and improper payment detection program or future initiatives having specific definable need for such data.

(2)        Release of information. – The following limitations apply to (i) the release of information compiled as part of the initiative, (ii) data from State agencies that is incorporated into the initiative, and (iii) data released as part of the implementation of the initiative:

a.         Information compiled as part of the initiative. – Notwithstanding the provisions of Chapter 132 of the General Statutes, information compiled by the State Controller CIO and the GDAC related to the initiative may be released as a public record only if the State Controller, CIO, in that officer's sole discretion, finds that the release of information is in the best interest of the general public and is not in violation of law or contract.

b.         Data from State agencies. – Any data that is not classified as a public record under G.S. 132‑1 shall not be deemed a public record when incorporated into the data resources comprising the initiative. To maintain confidentiality requirements attached to the information provided to the State Controller CIO and GDAC, each source agency providing data shall be the sole custodian of the data for the purpose of any request for inspection or copies of the data under Chapter 132 of the General Statutes.

c.         Data released as part of implementation. – Information released to persons engaged in implementing the State's business intelligence strategy under this section that is used for purposes other than official State business is not a public record pursuant to Chapter 132 of the General Statutes.

d.         Data from North Carolina Rate Bureau. – Notwithstanding any other provision of this section, any data released by or obtained from the North Carolina Rate Bureau under this initiative relating to workers' compensation insurance claims, business ratings, or premiums are not public records and public disclosure of such data, in whole or in part, by the GDAC or State Controller,CIO, or by any State agency, is prohibited."

SECTION 56.8.(b)  G.S. 143B‑426.39 reads as rewritten:

"§ 143B‑426.39.  Powers and duties of the State Controller.

The State Controller shall:

(17)      Coordinate data integration and data sharing pursuant to G.S. 143B‑426.38A across State agencies, departments, and institutions to support the State's enterprise‑level business intelligence initiative."

SECTION 56.8.(c)  G.S. 20‑7(b2) reads as rewritten:

"(b2)    Disclosure of Social Security Number. – The social security number of an applicant is not a public record. The Division may not disclose an applicant's social security number except as allowed under federal law. A violation of the disclosure restrictions is punishable as provided in 42 U.S.C. § 408, and amendments to that law.

In accordance with 42 U.S.C. 405 and 42 U.S.C. 666, and amendments thereto, the Division may disclose a social security number obtained under subsection (b1) of this section only as follows:

(1)        For the purpose of administering the drivers license laws.

(2)        To the Department of Health and Human Services, Child Support Enforcement Program for the purpose of establishing paternity or child support or enforcing a child support order.

(3)        To the Department of Revenue for the purpose of verifying taxpayer identity.

(4)        To the Office of Indigent Defense Services of the Judicial Department for the purpose of verifying the identity of a represented client and enforcing a court order to pay for the legal services rendered.

(5)        To each county jury commission for the purpose of verifying the identity of deceased persons whose names should be removed from jury lists.

(6)        To the Office of the State ControllerChief Information Officer for the purposes of G.S. 143B‑426.38A."

SECTION 56.8.(d)  G.S. 20‑43 reads as rewritten:

"§ 20‑43.  Records of Division.

(a)        All records of the Division, other than those declared by law to be confidential for the use of the Division, shall be open to public inspection during office hours in accordance with G.S. 20‑43.1. A signature recorded in any format by the Division for a drivers license or a special identification card is confidential and shall not be released except for law enforcement purposes. A photographic image recorded in any format by the Division for a drivers license or a special identification card is confidential and shall not be released except for law enforcement purposes or to the Office of the State ControllerChief Information Officer for the purposes of G.S. 143B‑426.38A.

(b)        The Commissioner, upon receipt of notification from another state or foreign country that a certificate of title issued by the Division has been surrendered by the owner in conformity with the laws of such other state or foreign country, may cancel and destroy such record of certificate of title."

SECTION 56.8.(e)  G.S. 105‑259(b) reads as rewritten:

"§ 105‑259.  Secrecy required of officials; penalty for violation.

 (b)       Disclosure Prohibited. – An officer, an employee, or an agent of the State who has access to tax information in the course of service to or employment by the State may not disclose the information to any other person except as provided in this subsection. Standards used or to be used for the selection of returns for examination and data used or to be used for determining the standards may not be disclosed for any purpose. All other tax information may be disclosed only if the disclosure is made for one of the following purposes:

 (45)     To furnish tax information to the Office of the State Controller Chief Information Officer under G.S. 143B‑426.38A. The use and reporting of individual data may be restricted to only those activities specifically allowed by law when potential fraud or other illegal activity is indicated."

SECTION 57.  G.S. 143B‑431A, as enacted by S.L. 2014‑18, reads as rewritten:

"§ 143B‑431A.  Department of Commerce – contracting of functions.

(b)        Contract. – The Department of Commerce is authorized to contract with a North Carolina nonprofit corporation to perform one or more of the Department's functions, powers, duties, and obligations set forth in G.S. 143B‑431, except as provided in this subsection. The contract entered into pursuant to this section between the Department and the Economic Development Partnership of North Carolina is exempt from Articles 3 and 3C of Chapter 143 of the General Statutes. If the Department contracts with a North Carolina nonprofit corporation to promote and grow the travel and tourism industries, then all funds appropriated to the Department for tourism marketing purposes shall be used for a research‑based, comprehensive marketing program directed toward consumers in key markets most likely to travel to North Carolina and not for ancillary activities, such as statewide branding and business development marketing. The Department may not contract with a North Carolina nonprofit corporation regarding any of the following:

(1)        The obligation or commitment of funds under this Article, such as the One North Carolina Fund, the Job Development Investment Grant Program, the Industrial Development Fund, or the Job Maintenance and Capital Development Fund.

(c)        Oversight. – There is established the Economic Development Accountability & Standards Committee, which is a Board as that term is defined in G.S. 138A‑3 of the State Government Ethics Act.shall be treated as a board for purposes of Chapter 138A of the General Statutes. The Committee shall consist of seven members as follows: the Secretary of Commerce as Chair of the Committee, the Secretary of Transportation, the Secretary of Environment and Natural Resources, the Secretary of Revenue, one member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives, one member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate, and one member jointly appointed by the General Assembly upon the joint recommendation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Members appointed by the General Assembly shall be appointed for four‑year terms beginning July 1 and

The members of the Committee who are appointed by the Speaker of the House of Representatives or by the President Pro Tempore of the Senate may not be members of the General Assembly.

The Committee shall be administratively housed in the Department of Commerce. The Department of Commerce shall provide for the administrative costs of the Committee and shall provide staff to the Committee. The Committee shall meet at least quarterly upon the call of the Chair. The duties of the Committee shall include all of the following:

(1)        Monitoring and oversight of the performance of a contract entered into pursuant to this section by the Department with a North Carolina nonprofit corporation.

(2)        Receiving, reviewing, and referring complaints regarding the contract or the performance of the North Carolina nonprofit corporation, as appropriate.

(3)        Requesting enforcement of the contract by the Attorney General or the Department.

(4)        Auditing, at least biennially, by the Office of State Budget and Management, State Auditor, or internal auditors of the Department, the records of the North Carolina nonprofit corporation with which the Department has contracted pursuant to this section during and after the term of the contract to review financial documents of the corporation, performance of the corporation, and compliance of the corporation with applicable laws.

(5)        Coordination of economic development grant programs of the State between the Department of Commerce, the Department of Transportation, and the Department of Environment and Natural Resources.

(6)        Any other duties deemed necessary by the Committee.

(h)        Applicable Laws. – A North Carolina nonprofit corporation with which the Department contracts pursuant to this section is subject to the requirements of (i) Chapter 132 of the General Statutes and (ii) Article 33C of Chapter 143 of the General Statutes. Officers, employees, and members of the governing board of the corporation are public servants, as defined in G.S. 138A‑3, and are subject to the requirements of Chapter 138A of the General Statutes. Officers, members of the governing board, and employeesEmployees of the corporation whose annual compensation is equal to or greaterless than sixty thousand dollars ($60,000) are not subject to G.S. 138A‑22.

…."

SECTION 57.7.(a)  G.S. 143B‑1157 reads as rewritten:

"§ 143B‑1157.  State Community Corrections Advisory Board.

(a)        The State Board shall act as an advisory body to the Secretary with regard to this Subpart. The State Board shall consist of 23 members as follows, to be appointed as provided in subsection (b) of this section:

(1)        A member of the Senate.

(2)        A member of the House of Representatives.

(3)        A judge of the superior court.

(4)        A judge of the district court.

(5)        A district attorney.

(6)        A criminal defense attorney.

(7)        A county sheriff.

(8)        A chief of a city police department.

(9)        Two county commissioners, one from a predominantly urban county and one from a predominantly rural county.

(10)      A representative of an existing community‑based corrections program.

(11)      A member of the public who has been the victim of a crime.

(12)      Two rehabilitated ex‑offenders.

(13)      A member of the business community.

(14)      Three members of the general public, one of whom is a person recovering from chemical dependency or who is a previous consumer of substance abuse treatment services.

(15)      A victim service provider.

(16)      A member selected from each of the following service areas: mental health, substance abuse, and employment and training.

(17)      A clerk of superior court.

(b)        The membership of the State Board shall be selected as follows:

(1)        The Governor shall appoint the following members: the county sheriff, the chief of a city police department, the member of the public who has been the victim of a crime, a rehabilitated ex‑offender, and the members selected from each of the service areas.

(2)        The Lieutenant Governor shall appoint the following members: the member of the business community, one member of the general public who is a person recovering from chemical dependency or who is a previous consumer of substance abuse treatment services, and the victim service provider.

(3)        The Chief Justice of the North Carolina Supreme Court shall appoint the following members: the superior court judge, the district court judge, the district attorney, the clerk of superior court, the criminal defense attorney, and the representative of an existing community‑based corrections program.

(4)        The President Pro Tempore of the Senate shall appoint the following members: the member of the Senate, the county commissioner from a predominantly urban county, and one member of the general public.

(5)        The Speaker of the House of Representatives shall appoint the following members: the member of the House of Representatives, the county commissioner from a predominantly rural county, and one member of the general public.

In appointing the members of the State Board, the appointing authorities shall make every effort to ensure fair geographic representation of the State Board membership and to ensure that minority persons and women are fairly represented.

(c)        The initial members shall serve staggered terms; one‑third shall be appointed for a term of one year, one‑third shall be appointed for a term of two years, and one‑third shall be appointed for a term of three years. The members identified in subdivisions (1) through (7) of subsection (a) of this section shall be appointed initially for a term of one year. The members identified in subdivisions (8) through (13) in subsection (a) of this section shall be appointed initially for a term of two years. The members identified in subdivisions (14) through (16) of subsection (a) of this section shall each be appointed for a term of three years. The additional member identified in subdivision (17) in subsection (a) of this section shall be appointed initially for a term of three years. The terms of office of the initial members appointed under this section commence effective July 1, 2011.

At the end of their respective terms of office their successors shall be appointed for terms of three years.years effective July 1. A vacancy occurring before the expiration of the term of office shall be filled in the same manner as original appointments for the remainder of the term. Members may be reappointed without limitation.

…."

SECTION 57.7.(b)  This section becomes effective July 1, 2011. 

SECTION 58.  G.S. 147‑86.11(e) reads as rewritten:

"(e)       Elements of Plan. – For moneys received or to be received, the statewide cash management plan shall provide at a minimum that:

….

(4)        Unpaid billings due to a State agency other than amounts owed by patients to the University of North Carolina Health Care System or System, East Carolina University's Division of Health Sciences Sciences, or by customers of the North Carolina Turnpike Authority shall be turned over to the Attorney General for collection no more than 90 days after the due date of the billing, except that a State agency need not turn over to the Attorney General unpaid billings of less than five hundred dollars ($500.00), or (for institutions where applicable) amounts owed by all patients which are less than the federally established deductible applicable to Part A of the Medicare program, and instead may handle these unpaid bills pursuant to agency debt collection procedures.

(4a)      The University of North Carolina Health Care System and East Carolina University's Division of Health Sciences may turn over to the Attorney General for collection accounts owed by patients.

(4b)      The North Carolina Turnpike Authority may turn over to the Attorney General for collection amounts owed to the North Carolina Turnpike Authority.

…."

SECTION 59.  G.S. 153A‑205 reads as rewritten:

"§ 153A‑205.  Improvements to subdivision and residential streets.

(a)        A county may finance the local share of the cost of improvements made under the supervision of the Department of Transportation to subdivision and residential streets that are a part of the State maintained system located in the county and outside of a city and shall levy and collect pursuant to the procedures of Article 9 of Chapter 153A of the General Statutes special assessments against benefited property to recoup that portion of the costs financed by the county. The local share is that share required by policies of the Secondary Roads Council, Department of Transportation and may be paid by the county from funds not otherwise limited as to use by law. Land owned, leased, or controlled by a railroad company is exempt from such assessments to the same extent that it would be exempt from street assessments of a city under G.S. 160A‑222. No project may be commenced under this section unless it has been approved by the Department of Transportation.

(b)        A county may finance the local share of the cost of improvements made under the supervision of the Department of Transportation to subdivision and residential streets located in the county and outside of a city in order to bring those streets up to the standards of the Secondary Roads Council Department of Transportation so that they may become a part of the State‑maintained system and shall levy and collect pursuant to the procedures of Article 9 of Chapter 153A of the General Statutes special assessments against benefited property to recoup that portion of the costs financed by the county. The local share is that share required by policies of the Secondary Roads Council, Department of Transportation and may be paid by the county from funds not otherwise limited as to use by law. Land owned, leased, or controlled by a railroad company is exempt from such assessments to the same extent that it would be exempt from street assessments of a city under G.S. 160A‑222. No project may be commenced under this section unless it has been approved by the Department of Transportation.

(c)        Before a county may finance all or a portion of the cost of improvements to a subdivision or residential street, it must receive a petition for the improvements signed by at least seventy‑five percent (75%) of the owners of property to be assessed, who must represent at least seventy‑five percent (75%) of all the lineal feet of frontage of the lands abutting on the street or portion thereof to be improved. The petition shall state that portion of the cost of the improvement to be assessed, which shall be the local share required by policies of the Secondary Roads Council. Department of Transportation. A county may treat as a unit and consider as one street two or more connecting State‑maintained subdivision or residential streets in a petition filed under this subsection calling for the improvement of subdivision or residential streets subject to property owner sharing in the cost of improvement under policies of the Department of Transportation.

Property owned by the United States shall not be included in determining the lineal feet of frontage on the improvement, nor shall the United States be included in determining the number of owners of property abutting the improvement. Property owned by the State of North Carolina shall be included in determining frontage and the number of owners only if the State has consented to assessment as provided in G.S. 153A‑189. Property owned, leased, or controlled by railroad companies shall be included in determining frontage and the number of owners to the extent the property is subject to assessment under G.S. 160A‑222. Property owned, leased, or controlled by railroad companies that is not subject to assessment shall not be included in determining frontage or the number of owners.

No right of action or defense asserting the invalidity of street assessments on grounds that the county did not comply with this subsection in securing a valid petition may be asserted except in an action or proceeding begun within 90 days after the day of publication of the notice of adoption of the preliminary assessment resolution.

(d)        This section is intended to provide a means of assisting in financing improvements to subdivision and residential streets that are on the State highway system or that will, as a result of the improvements, become a part of the system. By financing improvements under this section, a county does not thereby acquire or assume any responsibility for the street or streets involved, and a county has no liability arising from the construction of such an improvement or the maintenance of such a street. Nothing in this section shall be construed to alter the conditions and procedures under which State system streets or other public streets are transferred to municipal street systems pursuant to G.S. 136‑66.1 and 136‑66.2 upon annexation by, or incorporation of, a municipality."

SECTION 60.  G.S. 153A‑292 is amended by adding a new subsection (b1) to read:

"(b1)    The collection, disposal, and availability fees authorized by this section may be used to cover the cost of waste management programs in the jurisdiction, including the collection of waste and the collection of litter along public roadways."

SECTION 61.  Section 2 1/2 of Chapter 954 of the 1965 Session Laws is repealed.

SECTION 61.5.  Section 7 of S.L. 2009‑369 reads as rewritten:

"SECTION 7. This act becomes effective December 1, 2009, and applies to applications for reinstatement that occur on or after that date. This act expires December 1, 2014.December 1, 2016."

SECTION 61.7.  Section 13 of S.L. 2009‑521, as amended by Section 24 of S.L. 2011‑326, and by Section 71.6 of S.L. 2012‑194, reads as rewritten:

"SECTION 13. Any natural hair care specialist who submits proof to the Board that the natural hair care specialist is actively engaged in the practice of a natural hair care specialist on the effective date of this act, passes an examination conducted by the Board act and pays the required fee under G.S. 88B‑20 shall be licensed without having to satisfy the requirements of G.S. 88B‑10.1, enacted by Section 2 of this act. A cosmetic art shop that practices natural hair care only and that submits proof to the Board that the shop is actively engaged in the practice of natural hair care on the effective date of this act shall have  five years from the date of this act to comply with the requirements of G.S. 88B‑14. All persons who do not make application to the Board within five years of the effective date of this act shall be required to complete all training and examination requirements prescribed by the Board and to otherwise comply with the provisions of Chapter 88B of the General Statutes."

SECTION 62.(a)  S.L. 2012‑1 is repealed.

SECTION 62.(b)  G.S. 143B‑426.40A(g), as amended by subsection (a) of this section, reads as rewritten:

"(g)       Payroll Deduction for Payments to Certain Employees' Associations Allowed. – An employee of the State or any of its political subdivisions, institutions, departments, bureaus, agencies or commissions, or any of its local boards of education or community colleges, who is a member of a domiciled employees' association that has at least 2,000 members, 500 of whom are employees of the State, a political subdivision of the State, or public school employees, may authorize, in writing, the periodic deduction each payroll period from the employee's salary or wages a designated lump sum to be paid to the employees' association. A political subdivision may also allow periodic deductions for a domiciled employees' association that does not otherwise meet the minimum membership requirements set forth in this paragraph. The total membership count and the State, political subdivision of the State, or public school employee membership count of a domiciled employees' association that has at least 2,000 members, 500 of whom are employees of the State, a political subdivision of the State, or public school employees, shall be verified and certified annually by the State Auditor.

An employee of any local board of education who is a member of a domiciled employees' association that has at least 40,000 members, the majority of whom are public school teachers, may authorize in writing the periodic deduction each payroll period from the employee's salary or wages a designated lump sum or sums to be paid for dues and voluntary contributions for the employees' association. The total membership count and the public school teacher membership count of a domiciled employees' association that has at least 40,000 members, the majority of whom are public school teachers, shall be verified and certified annually by the State Auditor.

An authorization under this subsection shall remain in effect until revoked by the employee. A plan of payroll deductions pursuant to this subsection for employees of the State and other association members shall become void if the employees' association engages in collective bargaining with the State, any political subdivision of the State, or any local school administrative unit. This subsection does not apply to county or municipal governments or any local governmental unit, except for local boards of education."

SECTION 63.  Reserved

SECTION 64.  Section 8.49 of S.L. 2013‑360 reads as rewritten:

"PILOT PROGRAM TO RAISE THE HIGH SCHOOL DROPOUT AGE FROM SIXTEEN TO EIGHTEEN

"SECTION 8.49.(a)  Notwithstanding any provisions in Part 1 of Article 26 of Chapter 115C of the General Statutes, G.S. 7B‑1501(27), 115C‑378, 115C‑238.66(3), 116‑235(b)(2), and 143B‑805(20), 143B‑805(20) to the contrary, the State Board of Education shall authorize the Hickory Public Schools and the Newton‑Conover City Schools to establish and implement a pilot program pursuant to this section to increase the high school dropout age from 16 years of age to the completion of the school year coinciding with the calendar year in which a student reaches 18 years of age, unless the student has previously graduated from high school.

"SECTION 8.49.(a1)  For the purposes of implementing the pilot program authorized by this section, a local school administrative unit that is participating in the pilot program shall have the authority to provide that, if the principal or the principal's designee determines that a student's parent, guardian, or custodian, or a student who is 18 years of age, has not made a good‑faith effort to comply with the compulsory attendance requirements of the pilot program, the principal shall notify the district attorney and, if the student is less than 18 years of age, the director of social services of the county where the student resides. If the principal or the principal's designee determines that a parent, guardian, or custodian of a student less than 18 years of age has made a good‑faith effort to comply with the law, the principal may file a complaint with the juvenile court counselor pursuant to Chapter 7B of the General Statutes that the student is habitually absent from school without a valid excuse. Upon receiving notification by the principal or the principal's designee, the director of social services shall determine whether to undertake an investigation under G.S. 7B‑302.

"SECTION 8.49.(a2)  The local boards of education of the participating local school administrative units shall prescribe specific rules to address under what circumstances a student who is 18 years of age who is required to attend school as part of the pilot program shall be excused from attendance, including if the student has attained a high school equivalency certificate or a student has enlisted as a member of the Armed Forces.

"SECTION 8.49.(a3)  For the purposes of implementing the pilot program authorized by this section, any (i) parent, guardian, or other person having charge or control of a student enrolled in a school located within a participating local school administrative unit and (ii) student who is 18 years of age enrolled in a school located within a participating local school administrative unit who violates the compulsory attendance provisions of the pilot program without a lawful exception recognized under Part 1 of Article 26 of Chapter 115C of the General Statutes or the provisions of this section shall be guilty of a Class 1 misdemeanor.

"SECTION 8.49.(a4)  If an affidavit is made by the student, parent of the student, or by any other person that any student who is required to attend school under the requirements of the pilot program is not able to attend school by reason of necessity to work or labor for the support of himself or herself or the support of the family, then the school social worker of the applicable school located within the participating school administrative unit shall diligently inquire into the matter and bring it to the attention of an appropriate court, depending on the age of the student. The court shall proceed to find whether as a matter of fact the student is unable to attend the school or such parents, or persons standing in loco parentis, are unable to send the student to school for the term of compulsory attendance for the reasons given. If the court finds, after careful investigation, that the student or the parents have made or are making a bona fide effort to comply with the compulsory attendance law, and by reason of illness, lack of earning capacity, or any other cause which the court may deem valid and sufficient, the student is unable to attend school, then the court shall find and state what help is needed for the student or family to enable compliance with the attendance requirements under the pilot program.

"SECTION 8.49.(b)  Each local school administrative unit may use any funds available to it to implement the pilot program in accordance with this section to (i) employ up to three additional teachers and (ii) fund additional student‑related costs, such as transportation and technology costs, including additional computers, to serve a greater number of students as a result of the pilot program. Each local school administrative unit may also use any funds available to it to operate a night school program for students at risk of dropping out of high school. To the extent possible, the local school administrative units shall partner with Catawba Valley Community College in administering the pilot program.

"SECTION 8.49.(c)  The local school administrative units, in collaboration with the State Board of Education, shall report to the Joint Legislative Education Oversight Committee, the House Appropriations Subcommittee on Education, and the Senate Appropriations Committee on Education/Higher Education on or before January 1, 2016.January 15, 2016. The report shall include at least all of the following information:

(1)        An analysis of the graduation rate in each local school administrative unit and the impact of the pilot program on the graduation rate.

(2)        The teen crime statistics for Catawba County.

(3)        The number of reported cases of violations of compulsory attendance laws in Catawba County and the disposition of those cases.

(3a)      Implementation of enforcement mechanisms for violations of the compulsory attendance requirements of the pilot program, including the imposition of criminal penalties.

(4)        The number of at‑risk students served in any night programs established as part of the pilot program and student graduation and performance outcomes for those students.

(5)        All relevant data to assist in determining the effectiveness of the program and specific legislative recommendations, including the continuation, modification, or expansion of the program statewide.

"SECTION 8.49.(d)  The State Board of Education shall not authorize a pilot program under subsection (a) of this section except upon receipt of a copy of a joint resolution adopted by the boards of education for the Hickory Public Schools and the Newton‑Conover City Schools setting forth a date to begin establishment and implementation of the pilot program." 

SECTION 65.  Section 9.6(k) of S.L. 2013‑360 reads as rewritten:

"SECTION 9.6.(k)  Subsections (c) and (d) of this section become effective July 1, 2014, and apply to all employees employed as of that date and employees hired or reemployed on or after that date."

SECTION 66.(a)  Section 5 of S.L. 2013‑417 reads as rewritten:

"SECTION 5. The Social Services Commission shall adopt rules implementing this act. The Social Services Commission mayshall issue temporary rules, in addition to its permanent rule‑making authority, to enforce this act. Rules for the implementation of Section 4 of this act shall be adopted no later than February 1, 2014.October 31, 2014. The Department of Health and Human Services shall continue the substance abuse screening processes in place as of January 1, 2014, for applicants and recipients of Work First Program benefits until Section 4 of this act is fully implemented. The Department shall notify each county department of social services and the General Assembly of the date of full implementation of Section 4 of this act."

SECTION 66.(b)  Section 6 of S.L. 2013‑417 reads as rewritten:

"SECTION 6. The Department of Health and Human Services shall report to the General Assembly no later than April 1, 2014, the first of each calendar quarter beginning April 1, 2014, and ending December 1, 2015, on the implementation of Section 4 of this act. The reports shall include a detailed timeline for implementation. Additionally, any changes to the timeline shall be included in the report with specific reasons for the timeline adjustment."

SECTION 66.(c)  Section 8 of S.L. 2013‑417 reads as rewritten:

"SECTION 8. Section 4 of this act becomes effective August 1, 2014. March 1, 2015. The remainder of this act becomes effective October 1, 2013."

SECTION 67.  Section 8(c) of S.L. 2014‑4 reads as rewritten:

"SECTION 8.(c)  This section is effective when it becomes law, except that 113‑391A(d),G.S. 113‑391.1(d), as enacted by Section 8(a) of this act, shall become effective December 1, 2014."

SECTION 68.  The lead‑in language for Section 7 of S.L. 2014‑49 is amended by deleting the citation "Article 9 of Chapter 115 of the General Statutes" and replacing it with the citation "Article 9 of Chapter 115C of the General Statutes".

 

PART III. UNIFORM STATE BOARD OF EDUCATION REPORT DATES

SECTION 80.  G.S. 115C‑83.4(b) reads as rewritten:

"(b)      The State Board of Education shall report biennially to the Joint Legislative Education Oversight Committee by October 1October 15 of each even‑numbered year on the implementation, evaluation, and revisions to the comprehensive plan for reading achievement and shall include recommendations for legislative changes to enable implementation of current empirical research in reading development."

SECTION 81.  G.S. 115C‑83.10(c) reads as rewritten:

"(c)       The State Board of Education shall establish a uniform format for local boards of education to report the required information listed in subsections (a) and (b) of this section and shall provide the format to local boards of education no later than 90 days prior to the annual due date. The State Board of Education shall compile annually this information and submit a State‑level summary to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Joint Legislative Education Oversight Committee by October 1October 15 of each year, beginning with the 2014‑2015 school year."

SECTION 82.  G.S. 115C‑102.6B(b) reads as rewritten:

"(b)      The Board shall submit the plan to the State Chief Information Officer for approval of the technical components of the plan set out in G.S. 115C‑102.6A(1) through (4). At least one‑fourth of the members of any technical committee that reviews the plan for the State Chief Information Officer shall be people actively involved in primary or secondary education.

The Board shall report annually by February 1 February 15 of each year to the Joint Legislative Education Oversight Committee on the status of the State School Technology Plan."

SECTION 83.  G.S. 115C‑156.2(b) reads as rewritten:

"(b)      Beginning in 2014, the State Board of Education shall report to the Joint Legislative Education Oversight Committee by September 1 September 15 of each year on the number of students in career and technical education courses who earned (i) community college credit and (ii) related industry certifications and credentials."

SECTION 84.  G.S. 115C‑83.4A(h) reads as rewritten:

"(h)       Beginning October 1,October 15, 2014, the State Board of Education shall report annually to the Joint Legislative Education Oversight Committee on advanced courses in North Carolina. The report shall include, at a minimum, the following information:

…."

SECTION 85.  G.S. 115C‑238.29I(c) reads as rewritten:

"(c)       The State Board of Education shall review and evaluate the educational effectiveness of the charter schools authorized under this Part and the effect of charter schools on the public schools in the local school administrative unit in which the charter schools are located. The Board shall report annually no later than January 1 January 15 to the Joint Legislative Education Oversight Committee on the following:

(1)        The current and projected impact of charter schools on the delivery of services by the public schools.

(2)        Student academic progress in the charter schools as measured, where available, against the academic year immediately preceding the first academic year of the charter schools' operation.

(3)        Best practices resulting from charter school operations.

(4)        Other information the State Board considers appropriate."

SECTION  86.  Section 7.15(b) of S.L. 2003‑284 reads as rewritten:

"SECTION  7.15.(b)  The Department of Public Instruction shall prepare a current head count of the number of students classified with limited English proficiency by December 1 December 15 of each year.

Students in the head count shall be assessed at least once every three years to determine their level of English proficiency. A student who scores "superior" on the standard English language proficiency assessment instrument used in this State shall not be included in the head count of students with limited English proficiency."

SECTION  87.  Section 7.9(b) of S.L. 2007‑323 reads as rewritten:

"SECTION 7.9.(b)  The Department of Public Instruction shall prepare a current head count of the number of students classified with limited English proficiency by December 1 December 15 of each year.

Students in the head count shall be assessed at least once every three years to determine their level of English proficiency. A student who scores "superior" on the standard English language proficiency assessment instrument used in this State shall not be included in the head count of students with limited English proficiency."

SECTION  88.  Section 7.22.(h) of S.L. 2011‑145 reads as rewritten:

"SECTION 7.22.(h)  Beginning in 2011, the Director of NCVPS shall submit an annual report on NCVPS to the State Board of Education no later than December 1 December 15 of each year. The report shall use data from the previous fiscal year and shall include statistics on actual versus projected costs to local school administrative units and charter schools, student enrollment, virtual teacher salaries, and measures of academic achievement.

The Director of NCVPS shall continue to ensure the following:

(1)        Course quality standards are established and met.

(2)        All e‑learning opportunities other than virtual charter schools offered by State‑funded entities to public school students are consolidated under the NCVPS program, eliminating course duplication.

(3)        All courses offered through NCVPS are aligned to the North Carolina Standard Course of Study."

SECTION 89.  Section 1(b) of S.L. 2013‑1, as amended by Section 16.1 of S.L. 2013‑410, reads as rewritten:

"SECTION 1.(b)  The State Board of Education shall make high school diploma endorsements, as provided under this section, available to students graduating from high school beginning with the 2014‑2015 school year. The State Board of Education shall report to the Joint Legislative Education Oversight Committee on the progress toward establishing specific college and career endorsements for high school diplomas and for awarding these endorsements by February 1, 2014. The State Board of Education shall submit the report on the impact of awarding the high school endorsements on high school graduation, college acceptance and remediation, and post‑high school employment rates by September 1,September 15, 2016, and annually thereafter."

SECTION 90.  Section 3(b) of S.L. 2013‑1 reads as rewritten:

"SECTION 3.(b)  The State Board of Education and the State Board of Community Colleges shall jointly report to the Joint Legislative Education Oversight Committee by October 1,October 15, 2014, on progress made on developing strategies to increase student engagement in career and technical education, especially in engineering and industrial technologies, and in other occupations with high numbers of employment opportunities."

SECTION 91.  Section 7.6(c) of S.L. 2013‑360 reads as rewritten:

"SECTION 7.6.(c)  By October 1, October 15, 2013, and quarterly thereafter, the Office of the State CIO and DPI shall report on the establishment of public school cooperative purchasing agreements, savings resulting from the establishment of the agreements, and any issues impacting the establishment of the agreements. The reports shall be made to the Joint Legislative Oversight Committee on Information Technology, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division."

SECTION  92.  Section 8.3(j) of S.L. 2013‑360 reads as rewritten:

"SECTION 8.3.(j)  Reports. – For the 2013‑2015 fiscal biennium, the State Board of Education shall report to the Fiscal Research Division prior to May 1 May 15 of each year if it determines that counties have supplanted funds."

SECTION  93.  Section 8.4(i) of S.L. 2013‑360 reads as rewritten:

"SECTION 8.4.(i)  Reports. – For the 2013‑2015 fiscal biennium, the State Board of Education shall report to the Fiscal Research Division prior to May 1 May 15 of each fiscal year if it determines that counties have supplanted funds."

 

PART IV. EFFECTIVE DATE.

SECTION 94.  Except as otherwise provided, this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 2nd day of August, 2014.

 

 

                                                                    s/  Chad Barefoot

                                                                         Presiding Officer of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

 

 

                                                                        _____________________________________

                                                                         Pat McCrory

                                                                         Governor

 

 

Approved __________.m. this ______________ day of ___________________, 2014