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SUMMARIES OF SUBSTANTIVE RATIFIED LEGISLATION 2016 SESSION RESEARCH DIVISION N.C. GENERAL ASSEMBLY 2016 Summaries Publication Page 1 8/22/2016 9:33 p.m. 2016 Summaries of Substantive Ratified Legislation Agriculture and Wildlife See full summary documents for additional detail H992 - Amend Industrial Hemp Program. (SL 2016-93) S.L. 2016-93 expands the membership of the Industrial Hemp Commission (Commission) from five members to nine, (ii) clarifies the powers and duties of the Commission, including granting rulemaking authority to the Commission and providing that the industrial hemp research program must be managed and coordinated by State land grant universities, (iii) sets out specific responsibilities of licensees and authorized research purposes for the industrial hemp program, including the commercial sale and marketing of industrial hemp, (iv) creates civil and criminal penalties for various violations of the industrial hemp program, and (v) amends the definition of marijuana to allow for the production of industrial hemp when the Commission adopts temporary rules to implement the industrial hemp program. The civil and criminal penalties become effective December 1, 2016, and apply to offenses committed on or after that date. The remainder of the act became effective July 11, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 13.1 of S.L. 2016-94 provides that a local government is eligible for reimbursement from the Department of Agriculture and Consumer Services' Spay/Neuter Account if the local government offers a spay/neuter clinic operated by a non-profit organization under contract or other arrangement with the city, regardless of whether the non-profit organization contracts with a local veterinarian to perform the spay/neuter procedures. This section also amends the definition of "Low-income person" for purposes of eligibility for reimbursement from the Spay/Neuter Account to provide that an individual may meet that designation if the person qualifies for a public assistance program administered by the Department of Health and Human Services. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 13.4 of S.L. 2016-94 appropriates $60,000 to the Future Farmers of America program at Southern Guilford High School in Guilford County for a pilot program relating to animal science, and $12,000 apiece to the Future Farmers of America programs at the following high schools for a pilot program relating to animal science and agricultural crop planting: Mountain Heritage High School in Yancey County, Madison High School in Madison County, Central Haywood High School in Haywood County, Pisgah High School in Haywood County, and Tuscola High School in Haywood County. As part of its annual report, the Tobacco Trust Fund Commission must report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on program activities, objectives, and itemized expenditures from these funds. 2016 Summaries Publication Page 2 8/22/2016 9:33 p.m. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Section 13.4 of S.L. 2016-94, as amended by Sec. 6.3 of S.L. 2016-123, directs the Department of Agriculture and Consumer Services (DACS) to create a program to reimburse small food retailers for expenditures relating to enhancing access to healthy foods in food desert zones. Funds may be used to reimburse small food retailers for the purchase and installation of refrigeration equipment, display shelving, and other equipment necessary for stocking nutrient-dense foods. $250,000 is appropriated to the program, and DACS may reimburse a single small food retailer up to $25,000. To be eligible for the program, a small food retailer must accept or agree to accept Supplemental Nutrition Assistance Program (SNAP) and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits. DACS must report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by October 1, 2017, on the activities, number of small food retailers receiving reimbursement, how funds were used by the small food retailers, and the gross amount of food in dollars sold to customers by participating small food retailers. This section became effective July 1, 2016. 2016 Summaries Publication Page 3 8/22/2016 9:33 p.m. Civil Law and Procedure See full summary documents for additional detail H992 - Amend Industrial Hemp Program. (SL 2016-93) S.L. 2016-93 expands the membership of the Industrial Hemp Commission (Commission) from five members to nine, (ii) clarifies the powers and duties of the Commission, including granting rulemaking authority to the Commission and providing that the industrial hemp research program must be managed and coordinated by State land grant universities, (iii) sets out specific responsibilities of licensees and authorized research purposes for the industrial hemp program, including the commercial sale and marketing of industrial hemp, (iv) creates civil and criminal penalties for various violations of the industrial hemp program, and (v) amends the definition of marijuana to allow for the production of industrial hemp when the Commission adopts temporary rules to implement the industrial hemp program. The civil and criminal penalties become effective December 1, 2016, and apply to offenses committed on or after that date. The remainder of the act became effective July 11, 2016. 2016 Summaries Publication Page 4 8/22/2016 9:33 p.m. Commercial Law and Consumer Protection See full summary documents for additional detail S482 - LLC Clarifications & Employee Invention Ownership. (SL 2016-114) S.L. 2016-114 makes technical and clarifying changes to the Limited Liability Company Act and further defines an employer's and employee's rights to inventions invented by an employee. This act becomes effective October 1, 2016. The provisions in Sections 1 and 2 of this act relating to operating agreements apply to agreements entered into on or after that date. 2016 Summaries Publication Page 5 8/22/2016 9:33 p.m. Courts, Justice, and Corrections See full summary documents for additional detail H253 - Justice Reinvestment Act Changes. (SL 2016-77) S.L. 2016-77 makes changes to the authority of probation officers with respect to setting conditions of probation, post-release, and parolees, to further implement the Justice Reinvestment Act of 2011. This act has various effective dates. Please see the full summary for more detail. 2016 Summaries Publication Page 6 8/22/2016 9:33 p.m. Criminal Law and Procedure See full summary documents for additional detail H253 - Justice Reinvestment Act Changes. (SL 2016-77) S.L. 2016-77 makes changes to the authority of probation officers with respect to setting conditions of probation, post-release, and parolees, to further implement the Justice Reinvestment Act of 2011. This act has various effective dates. Please see the full summary for more detail. H283 - Prevent Squatting in Foreclosed Real Property. (SL 2016-26) S.L. 2016-26 increases criminal penalties for persons who commit a trespass to real property by reentering after removal pursuant to a valid order or by knowingly creating or presenting a false document of title or possession. This act becomes effective December 1, 2016, and applies to offenses committed on or after that date. H292 - Beach Bingo Licenses. (SL 2016-27) S.L. 2016-27 requires a license to operate a beach bingo game. The initial application fee is $300, and the annual renewal fee is $300. The act also criminalizes operating a beach bingo game without a license and providing false information on a license application as Class 2 misdemeanors. Beginning October 1, 2016, the State Bureau of Investigation may accept applications, charge and collect application fees, and issue licenses. Providing false information on an application is a Class 2 misdemeanor beginning October 1, 2016. Operating a beach bingo game without a license is a Class 2 misdemeanor beginning December 1, 2016. The remainder of this act became effective June 22, 2016. H992 - Amend Industrial Hemp Program. (SL 2016-93) S.L. 2016-93 expands the membership of the Industrial Hemp Commission (Commission) from five members to nine, (ii) clarifies the powers and duties of the Commission, including granting rulemaking authority to the Commission and providing that the industrial hemp research program must be managed and coordinated by State land grant universities, (iii) sets out specific responsibilities of licensees and authorized research purposes for the industrial hemp program, including the commercial sale and marketing of industrial hemp, (iv) creates civil and criminal penalties for various violations of the industrial hemp program, and (v) amends the definition of marijuana to allow for the production of industrial hemp when the Commission adopts temporary rules to implement the industrial hemp program. The civil and criminal penalties become effective December 1, 2016, and apply to offenses committed on or after that date. The remainder of the act became effective July 11, 2016. 2016 Summaries Publication Page 7 8/22/2016 9:33 p.m. H1021 - Amend Sex Offender Certain Premises. (SL 2016-102) S.L. 2016-102 modifies the law regarding sex offenders on certain premises by limiting the application of certain portions of the law to certain sex offenders and by rewording other portions of the law to address constitutional issues noted by the ruling in Doe v. Cooper. This act became effective September 1, 2016, and applies to offenses committed on or after that date. 2016 Summaries Publication Page 8 8/22/2016 9:33 p.m. Education See full summary documents for additional detail H242 - Various Charter School Law Changes. (SL 2016-79) S.L. 2016-79 makes various changes to the statues governing charter schools and reorganizes several of the statutes pertaining to charter schools. Review and Renewal of Charters. – The act directs the State Board of Education (SBE) to review the operations of a charter school at least once prior to the expiration of its charter. The SBE may renew a charter for a period of less than ten years or not renew the charter at all if one of the following conditions applies: (i) the charter school has not provided financially sound audits for the immediately preceding three years; (ii) the charter school's student academic outcomes for the immediately preceding three years have not been comparable to the academic outcomes of students in the local school administrative unit (LEA) in which the charter school is located; or (iii) the charter school is not in substantial compliance at the time of the renewal request with State or federal law or the charter school's own bylaws or charter. Material Revisions of Charters. – The act gives the SBE the discretion to waive the requirement that the actual enrollment is within 10% of the maximum authorized enrollment when a charter school requests a material revision of its charter because of a proposed capital expansion and has not been able to meet the enrollment requirement. The charter school must provide the SBE with information that demonstrates the following: The requested increase in enrollment growth is within a reasonable margin of the threshold necessary to support the material revision. The charter school has secured financing for its proposed capital expansion conditioned on obtaining the requested material revision. If the SBE grants a material revision for enrollment growth based on this evidence and the charter school is not able to realize the capital expansion within two years of the grant of the material revision, the charter school must reflect the maximum authorized enrollment that was in place immediately preceding the material revision. Non-Material Revisions of Charters. – The act recodifies the existing law into a new statute. Enrollment Priority. – The act provides charter two additional enrollment priorities that may be used: (i) students who were enrolled in another charter school in the State in the previous year that does not offer the students' next grade levels; and (ii) students who were enrolled in another charter school in the State in the previous year that does not offer the students' next grade level and both of the charter schools have enrollment articulation agreements to accept students or are governed by the same board of directors. Information on Per Pupil Shares of Local Current Expense Funds. – The act directs LEAs to provide the SBE with the same information they provide to charter schools to which they transfer a per pupil share of the local current expense fund. The SBE is directed to adopt a policy on the collection of this information and issue letters of non-compliance to LEAs if the information is not submitted. Low-Performing and Continually Low-Performing Charter Schools. – The act directs the SBE to identify low-performing and continually low-performing charter schools on an annual basis. Low-performing charter schools are defined as schools that receive a school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth." Continually low-performing 2016 Summaries Publication Page 9 8/22/2016 9:33 p.m. charter schools are those that have been designated as low-performing for at least two of three consecutive years and the SBE may terminate, not renew, or seek applicants to assume the charters. However, the act provides that the SBE must not terminate or not renew the charter of a continually low-performing charter school solely because of its continually low-performing status if: (i) the charter school has met growth in each of the preceding three school years or (ii) the charter has an approved strategic improvement plan and is making measurable progress toward adequate student performance goals. Charter School Facilities. – The act specifies that a building or land owned by a local board of education is available to be leased to a charter school if it is closed, vacant, or otherwise unused for classrooms, administrative offices, or extracurricular activities. The local board of education must make a decision on the request by the charter school for the building or land within 90 days of the request. If the decision is not made within that time frame, the local board of education must provide a written explanation of its reasons for not acting within the 90 days to the North Carolina Charter Schools Advisory Board and the Joint Legislative Education Oversight Committee. Fast-Track Charter Application Timelines. – The act directs the SBE to decide whether to grant a charter through the fast-track replication process by October 15 of the year immediately preceding the year of the proposed school opening. The SBE must adopt rules and procedures within 90 days of the effective date of this act and must report to the Joint Legislative Education Oversight Committee within 120 days of the effective date of this act. These changes become effective June 30, 2016, and apply beginning with applications submitted for fast-track replication of schools opening in the 2018-2019 school year. Except as otherwise provided, this act became effective June 30, 2016, and applies beginning with the 2016-2017 school year. H474 - Exclude Year-Round Track-Out Program/Child Care. (SL 2016-7) S.L. 2016-7 adds track-out programs provided to school-age children when they are out of school on a year-round school calendar to the listed exceptions to the statutory definition of "child care." This act became effective June 1, 2016. H561 - School System Authority Re: Legal Proceedings. (SL 2016-116) S.L. 2016-116 permits, effective October 1, 2016, a state or federal administrative agency with a quasi-judicial function or a court of law to inspect confidential portions of a school employee's personnel file if all of the following apply: A current or former employee has filed a claim against the local board of education or a school official or employee for any alleged act or omission arising during the course and scope of the employee's official duties or employment. In the discretion of the superintendent or superintendent's designee, disclosure is necessary to adequately defend against the employee's claim. Disclosure is limited to that employee's records, and only to the extent necessary for the defense of the local board of education. 2016 Summaries Publication Page 10 8/22/2016 9:33 p.m. The act also provides, effective October 1, 2016, that local boards of education can request the chief district court judge or designee to grant approval for the local board to issue subpoenas for the production of all tangible items in matters where an employee is suspected of committing job-related misconduct and which, in the discretion of the local board, requires investigation. In making the determination to approve the subpoena, the judge must consider the following: Whether there is reasonable time for compliance. If disclosure of privileged or other protected matter is required and if any exceptions apply to the privilege or protection. Whether the person would be subject to undue burdens or expenses. Whether the subpoena is otherwise unreasonable or oppressive. The act also directs the Program Evaluation Division to study the statutory procedures for resolving education funding disputes between local boards of education and boards of county commissioners. The study must include a historical review of funding requests and appropriations; fund balances; past use of mediation and litigation; current impacts on county budgeting procedures; dispute resolution processes in other states where local boards of education are fiscally dependent on other local governments; alternative ways for local boards of education to receive local funds; and recommendations for alternative ways to resolve education funding disputes or modifications to the current process. Except as otherwise provided, this act became effective July 28, 2016. PRIOR LAW: G.S. 115C-321 previously required information in personnel files of employees of local boards of education be kept confidential, with certain exceptions. Information required to be kept confidential was limited to inspection and examination by the following: H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 8.8 of S.L. 2016-94 directs the State Board of Education (SBE) to establish the Advanced Placement/International Baccalaureate Pilot Program (Pilot) to reward teacher performance and encourage student learning and improvement. As part of the Pilot, the Department of Public Instruction must administer bonus pay for two school years to licensed teachers of advanced courses, beginning with data from the 2015-2016 school year, as follows: A bonus of $50 for each student taught by an advanced course teacher in each advanced course who receives the following score: A score of three or higher on a College Board Advanced Placement Examination. A score of four or higher on an International Baccalaureate course examination. A teacher bonus awarded under this Pilot may not exceed $2000 in any school year. Bonuses for advanced course scores for the 2015-2016 and 2016-2017 school years will be payable in January 2017 and January 2018 respectively to qualifying advanced course teachers who remain employed teaching advanced courses in the same local school administrative unit at least from the school year the data is collected until the corresponding school year that the bonus is paid. The bonuses are not considered compensation under the Teachers' and State Employees' Retirement System. The SBE must report on and study the Pilot as follows: 2016 Summaries Publication Page 11 8/22/2016 9:33 p.m. The amount of bonuses awarded to advanced course teachers, including the amount awarded for Advanced Placement courses and the amount awarded for International Baccalaureate Diploma Programme courses, to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Fiscal Research Division by March 15, 2017, and again by March 15, 2018. The effect of the Pilot on advanced course teacher performance and retention to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee by March 15, 2018. This section became effective July 1, 2016, and expires June 30, 2018. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 8.13 of S.L. 2016-94makes the following changes to the virtual charter school pilot program: A participating virtual charter school may administer tests to multiple grade levels at the same time and in the same location. A participating virtual charter school may contract with a test administrator who is not employed by the board of directors of the school and meets the following criteria: Holds a valid North Carolina teaching license. Passes a criminal history check performed by the school. Is trained to administer a test in accordance with the North Carolina Testing Program. Decreases the amount of a participating virtual charter school's teaching staff that must reside in the State from 90% to 80%. Modifies the criteria for measuring a participating virtual charter school's student withdrawal rate to exclude the following: Students who regularly failed to participate in courses who are withdrawn under the procedures adopted by the school. Students no longer qualified under State law to attend a North Carolina public school, including relocation to another state. Students who: (i) withdraw from school because of a family, personal, or medical reason, and (ii) notify the school of the reason for withdrawal. Students who withdraw from school within the first 30 days following the date of enrollment. This section became effective July 1, 2016, and applies beginning with the 2016-2017 school year. 2016 Summaries Publication Page 12 8/22/2016 9:33 p.m. Environment, Natural Resources, and Energy See full summary documents for additional detail H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.1 of S.L. 2016-94 repeals, effective June 30, 2017, the statutes governing removal, collection, and recovery of mercury switches from end-of-life vehicles. Under prior law, the statutes in question would have expired December 31, 2017. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.3 of S.L. 2016-94 amends the distribution of tax revenue among various environmental funds and accounts. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.12 of S.L. 2016-94 makes clarifying and conforming changes to the Shallow Draft Navigation Channel Dredging and Aquatic Weed Control Funding eligibility. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.22 of S.L. 2016-94 directs three new studies beach nourishment studies, as follows: The first study requires the Division of Coastal Resources in the Department of Environmental Quality (DEQ) to study the benefits of out-of-state coastal storm damage reduction and beach nourishment projects to public infrastructure, public and private property, small business, and tourism in the State. The Division must report its results to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources (ANER Oversight Committee) by November 1, 2016. The second study requires each County Tax Office in Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, and Pender counties to compile information on the ownership and mailing addresses for the property in the county and any other mailing addresses associated with the property outside of those coastal counties. Each County Tax Office must submit an electronic list of the property addresses to DEQ and the ANER Oversight Committee by November 1, 2016. The third study requires the Department of Commerce to compile readily available economic data that quantifies the contribution of the coastal economy to the State's economy as a whole and directs the Department of Commerce to report its results of the study to DEQ and the ANER Oversight Committee by November 1, 2016. 2016 Summaries Publication Page 13 8/22/2016 9:33 p.m. In addition, this section directs DEQ to include these studies as appendices to the Beach and Inlet Management Plan required by the 2015 Appropriations Act (Sec. 14.6(b)(4) of S.L. 2015-241). This section became effective July 1, 2016. 2016 Summaries Publication Page 14 8/22/2016 9:33 p.m. Health and Human Services See full summary documents for additional detail H474 - Exclude Year-Round Track-Out Program/Child Care. (SL 2016-7) S.L. 2016-7 adds track-out programs provided to school-age children when they are out of school on a year-round school calendar to the listed exceptions to the statutory definition of "child care." This act became effective June 1, 2016. H667 - Mental Health, Developmental Disability, Substance Abuse, and Adult Care Facility Penalties and Remedies/Electronic Supervision Devices. (SL 2016-50) S.L. 2016-50 amends penalties and remedies for facilities that provide services to the mentally ill, developmentally disabled, and substance abusers, and for adult care home facilities; defines the term "substantial risk;" allows flexibility in assessing an administrative penalty when the facility has provided training and has corrected the violation and remains in compliance; eliminates the penalty review committee for adult care homes; and repeals the June 30, 2016, sunset on the Department of Health and Human Services pilot program for electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance. This act became effective June 30, 2016. H1014 - NC Pre-K Conforming Change/Taylor's Law. (SL 2016-30) S.L. 2016-30 makes technical and conforming changes to replace references to "More at Four" with "NC Pre-K" in the General Statutes and renames Part 6 of Article 1B of Chapter 130A of the General Statutes to "Taylor's Law Establishing the Advisory Council on Rare Diseases." This act became effective June 22, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) SUMMARY: Sec. 12A.7 of S.L. 2016-94 amends the implementation of the 2015 pilot program for Medicaid claims analytics and population health management as follows: $250,000 in recurring funds is allocated to the program for each year of the 2015-2017 fiscal biennium, and $1.25 million in nonrecurring funds is allocated for the 2016-2017 fiscal year to be used for the phased development, implementation, and operation of the pilot program. Department of Health and Human Services (DHHS) must provide access to Medicaid beneficiary files and local management entity/managed care organization encounter data for the pilot program. 2016 Summaries Publication Page 15 8/22/2016 9:33 p.m. The scope of the pilot program is expanded to include: o The integration of new data sources, such as patient level Healthcare Effectiveness Data and Information Set quality measures. o Customized reporting and analytics capabilities. o A tool to construct and analyze claims as clinical episodes of care. o Operationalization of the pilot program. Directs DHHS and the Government Data Analytics Center to submit a final report to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division of the findings and recommendations on the pilot program by May 31, 2017. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12B.1 of S.L. 2016-94 amends a provision enacted in the 2015 Appropriations Act that directed the Division of Child Development and Early Education in the Department of Health and Human Services to continue implementation of the NC Pre-K program to serve four year olds. This section clarifies that private child care centers and public schools operating prekindergarten classrooms must meet the building standards for preschool students rather than building standards for licensed child care facilities. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12B.2 of S.L. 2016-94 directs the Division of Child Development and Early Education (DCDEE) in the Department of Health and Human Services to study how rates are set for child care subsidy. In its study, DCDEE must review market rate studies and other methodologies for establishing rates and report any recommendations, including suggested methodologies and timeframes for setting and implementing rates, to the House and Senate Appropriations Committees on Health and Human Services and the Fiscal Research Division by March 1, 2017. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12B.3 of S.L. 2016-94 directs the Division of Child Development and Early Education (DCDEE) in the Department of Health and Human Services, beginning on October 1, 2016, to increase the child care subsidy market rates to the rates recommended by the 2015 Child Care Market Rate Study from age 3 to 5 years in 3-, 4-, and 5-star rated child care facilities in tier 1 and tier 2 counties. Section 12B.2A of S.L. 2015-241 directed DCDEE, beginning on January 1, 2016, to increase the child care subsidy market rates to the rates recommended by the 2015 Child Care Market Rate Study for birth through 2 years of age in 3-, 4-, and 5-star rated child care facilities in tier 1 and tier 2 counties. This section became effective July 1, 2016. 2016 Summaries Publication Page 16 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12B.4 of S.L. 2016-94, as amended by Sec. 5.4 of S.L. 2016-123, directs the Division of Child Development and Early Education (DCDEE) in the Department of Health and Human Services, in consultation with the Department of Public Instruction, to study the costs and effectiveness associated with funding slots for the NC Pre-K program (Program) and to review and determine the following: The total cost to fund a NC Pre-K slot, including administration and local costs. The Program's anticipated effectiveness in preparing eligible four year olds in the five developmental domains outlined in the North Carolina Foundations for Early Learning and Development. Whether the Program's effectiveness justifies the costs associated with funding NC Pre-K slots or whether alternatives may achieve the same objectives. The State share needed to fund a NC Pre-K slot by each setting. The amount of funds needed to maintain the current number of NC Pre-K slots if the cost per slot was increased to the amount recommended in the study. Recommendations on how often NC Pre-K slots should be evaluated and reported to the General Assembly. DCDEE must report its findings and recommendations, including legislative proposals, to the chairs of the House and Senate Appropriations Committees on Health and Human Services, and the Fiscal Research Division by February 1, 2017. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12E.4 of S.L. 2016-94 (1) defines the term "vector" to mean a living transporter and transmitter of the causative agent of a disease and (2) directs the Division of Public Health in the Department of Health and Human Services to establish and administer a vector surveillance program to protect the public health that includes: Conducting vector surveillance. Characterizing vector-borne disease risk. Recommending appropriate vector control measures. Evaluating the effectiveness of vector control measures. Providing comprehensive vector-borne disease consultation, communication, and education. The Commission for Public Health is authorized to adopt rules necessary to implement the vector surveillance program. This section became effective July 1, 2016. 2016 Summaries Publication Page 17 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12E.6 of S.L. 2016-94 directs the Division of Public Health in the Department of Health and Human Services to report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on its proposal for resolving the shortfall of funds in local health departments attributed to their adjustment to new Medicaid reimbursement rates by February 1, 2017. This section became effective July 1, 2016. 2016 Summaries Publication Page 18 8/22/2016 9:33 p.m. Information Technology See full summary documents for additional detail H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 7.7 of S.L. 2016-94, as amended by Sec. 3.1 of S.L. 2016-123, requires the Department of Information Technology to create a cybersecurity apprenticeship program to provide training, apprenticeships, and career-based opportunities for disabled veterans who have at least a 10% disability rating as established by the United States Department of Veterans Affairs. The State Chief Information Officer must conduct a competitive process to select up to five disabled veterans to participate in the apprenticeship program using funds allocated by the 2016 Appropriations Act, however the Department is permitted to use funds generated from receipts for continuation or expansion of the program beyond the 2016-2017 fiscal year. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 7.10 of S.L. 2016-94 directs the Department of Information Technology (Department), in coordination with the Office of the State Controller and the Office of State Budget and Management, to plan and design an enterprise resource planning system (ERP) for State agencies by utilizing business process reengineering to identify and organize processes and workflow in order to prioritize and link work activities to realize efficiencies and organize around outcomes. The ERP system must address at least core financial management, grants, assets and inventory, fleet management, and human resource management with a request for proposal for a replacement system implementation prepared for release no later than July 1, 2017. The Department must report to the Joint Legislative Oversight Committee on Information Technology on or before January 15, 2017, the results from the business process reengineering efforts, including minimum criteria specified in the section. This section became effective July 1, 2016. 2016 Summaries Publication Page 19 8/22/2016 9:33 p.m. Insurance See full summary documents for additional detail H19 - Modify Definition of Firefighter. (SL 2016-51) S.L. 2016-51 changes the name of the North Carolina State Fireman's Association to the North Carolina State Firefighters' Association, amends the definition of "Firefighter" to include firefighters employed by county fire marshal offices, modifies the appointment process for the board of trustees of local Firefighters' Relief funds, provides that that the board of trustees of local Firefighters' Relief funds may disburse funds to cover necessary management and investment costs, and clarifies that fire alarms that are unintentional and result in no damage would not be considered in calculating minimum response requirements for initial rating or classification. This act became effective July 1, 2016. S815 - Charter School in State Health Plan. (SL 2016-106) S.L. 2016-106 authorizes another opportunity for the Board of Directors of Longleaf School of the Arts, a charter school located in Raleigh, to elect to participate in the State Health Plan for Teachers and State Employees. This act became effective July 22, 2016. 2016 Summaries Publication Page 20 8/22/2016 9:33 p.m. Labor and Employment See full summary documents for additional detail H19 - Modify Definition of Firefighter. (SL 2016-51) S.L. 2016-51 changes the name of the North Carolina State Fireman's Association to the North Carolina State Firefighters' Association, amends the definition of "Firefighter" to include firefighters employed by county fire marshal offices, modifies the appointment process for the board of trustees of local Firefighters' Relief funds, provides that that the board of trustees of local Firefighters' Relief funds may disburse funds to cover necessary management and investment costs, and clarifies that fire alarms that are unintentional and result in no damage would not be considered in calculating minimum response requirements for initial rating or classification. This act became effective July 1, 2016. H169 - Restore State Claim for Wrongful Discharge. (SL 2016-99) S.L. 2016-99 repeals, effective March 23, 2016, the prohibition on construing the Equal Employment Practices Act (EEPA) to create or support a statutory or common law private right of action, and prohibiting bringing a civil action based upon the public policy expressed in the EEPA. The act also creates a one year statute of limitations on claims of wrongful discharge in violation of the public policy in the EEPA. Except as otherwise provided, this act became effective July 18, 2016. S482 - LLC Clarifications & Employee Invention Ownership. (SL 2016-114) S.L. 2016-114 makes technical and clarifying changes to the Limited Liability Company Act and further defines an employer's and employee's rights to inventions invented by an employee. This act becomes effective October 1, 2016. The provisions in Sections 1 and 2 of this act relating to operating agreements apply to agreements entered into on or after that date. 2016 Summaries Publication Page 21 8/22/2016 9:33 p.m. Local Government See full summary documents for additional detail H464 - Regional Transportation Authority Revisions. (SL 2016-54) S.L. 2016-54 makes changes to the regional transportation authority statute governing PART, the Piedmont Authority for Regional Transportation. This act became effective August 1, 2016. H483 - Land-Use Regulatory Changes. (SL 2016-111) S.L. 2016-111 provides that amendments in city and county zoning ordinances, subdivision ordinances, and unified development ordinances must not be applicable or enforceable without the written consent of the owner with regard to a multi-phased development. A multi-phased development is vested for the entire development with the zoning ordinances, subdivision ordinances, and unified development ordinances then in place at the time a site plan approval is granted for the initial phase. A right which has been vested under these provisions remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. This act became effective July 22, 2016, and applies to multi-phased developments with approved site plans which are valid and unexpired on the effective date of this act and to multi-phased developments approved on or after the effective date of this act. H805 - Measurability Assessments/Budget Technical Corrections. (SL 2016-123) Sec. 2.4 of S.L. 2016-123 requires counties to provide, on lands held in trust by the United States for the Eastern Band of Cherokee Indians ("tribal lands"), public health or human services traditionally provided by county agencies and not otherwise assumed by the Eastern Band of Cherokee Indians, regardless of whether the county has entered into an agreement with the Eastern Band of Cherokee Indians to provide such services. This section also provides that any agreement between the Eastern Band of Cherokee Indians and a county for provision of county services on tribal lands: Need not describe any compensation for services provided; Must be approved by the Principal Chief of the Eastern Band of Cherokee Indians, rather than by the Tribal Council; and Must be signed by the county manager or delegated department head, rather than by the chair of the board of county commissioners on behalf of the county manager. This section became effective August 1, 2016. 2016 Summaries Publication Page 22 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.22 of S.L. 2016-94 directs three new studies beach nourishment studies, as follows: The first study requires the Division of Coastal Resources in the Department of Environmental Quality (DEQ) to study the benefits of out-of-state coastal storm damage reduction and beach nourishment projects to public infrastructure, public and private property, small business, and tourism in the State. The Division must report its results to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources (ANER Oversight Committee) by November 1, 2016. The second study requires each County Tax Office in Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, and Pender counties to compile information on the ownership and mailing addresses for the property in the county and any other mailing addresses associated with the property outside of those coastal counties. Each County Tax Office must submit an electronic list of the property addresses to DEQ and the ANER Oversight Committee by November 1, 2016. The third study requires the Department of Commerce to compile readily available economic data that quantifies the contribution of the coastal economy to the State's economy as a whole and directs the Department of Commerce to report its results of the study to DEQ and the ANER Oversight Committee by November 1, 2016. In addition, this section directs DEQ to include these studies as appendices to the Beach and Inlet Management Plan required by the 2015 Appropriations Act (Sec. 14.6(b)(4) of S.L. 2015-241). This section became effective July 1, 2016. 2016 Summaries Publication Page 23 8/22/2016 9:33 p.m. Military, Veterans, and Indian Affairs See full summary documents for additional detail H805 - Measurability Assessments/Budget Technical Corrections. (SL 2016-123) Sec. 2.4 of S.L. 2016-123 requires counties to provide, on lands held in trust by the United States for the Eastern Band of Cherokee Indians ("tribal lands"), public health or human services traditionally provided by county agencies and not otherwise assumed by the Eastern Band of Cherokee Indians, regardless of whether the county has entered into an agreement with the Eastern Band of Cherokee Indians to provide such services. This section also provides that any agreement between the Eastern Band of Cherokee Indians and a county for provision of county services on tribal lands: Need not describe any compensation for services provided; Must be approved by the Principal Chief of the Eastern Band of Cherokee Indians, rather than by the Tribal Council; and Must be signed by the county manager or delegated department head, rather than by the chair of the board of county commissioners on behalf of the county manager. This section became effective August 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 7.7 of S.L. 2016-94, as amended by Sec. 3.1 of S.L. 2016-123, requires the Department of Information Technology to create a cybersecurity apprenticeship program to provide training, apprenticeships, and career-based opportunities for disabled veterans who have at least a 10% disability rating as established by the United States Department of Veterans Affairs. The State Chief Information Officer must conduct a competitive process to select up to five disabled veterans to participate in the apprenticeship program using funds allocated by the 2016 Appropriations Act, however the Department is permitted to use funds generated from receipts for continuation or expansion of the program beyond the 2016-2017 fiscal year. This section became effective July 1, 2016. 2016 Summaries Publication Page 24 8/22/2016 9:33 p.m. Occupational Boards and Licensing See full summary documents for additional detail H728 - Amend Various Licensing Board Laws/Fees. (SL 2016-117) S.L. 2016-117 makes various changes to several occupational licensing boards' statutes and fees, as follows: Extends the period after employment for a chiropractic clinical assistant to obtain a certificate of competency from the State Board of Chiropractic Examiners and raises the maximum allowable annual renewal fee for a chiropractic license from $150 to $300. Makes several changes to the statutes governing the North Carolina Medical Board, including increasing the application fee payable to the Medical Board for each applicant for a license to practice medicine and surgery in the State and the annual registration fee for every person licensed to practice medicine by the Board. These provisions also amend the peer review agreement to provide that the Medical Board may enter into agreements with the North Carolina Medical Society, the North Carolina Academy of Physician Assistants, and the North Carolina Physicians Health Program (Program) to identify, review, and evaluate licensees of the Board who have been referred to the Program, with regard to their ability to function in their professional capacity and to coordinate regimens for treatment and rehabilitation. Any information acquired, created, or used in good faith by the Program under this health program is privileged, confidential, and not subject to discovery, subpoena, or other means of legal compulsion for release. Creates a new apprenticeship requirement option for opticians and a six-month intern requirement for licensure, and lowers apprenticeship requirements for licensure from 3½ to 2½ years. These provisions also increase the Board of Opticians’ fees and create four new fees. Increases the Real Estate Commission's application fee for new licensees from $30 to $100, and allows the Commission to increase the application fee from $100 to $120 by rule, but provides that the Commission may not increase the application fee by more than $5.00 during a 12-month period. This section also increases the Commission's license renewal fee from $30 to $45, and allows the Commission to increase the renewal fee from $45 to $60 by rule, but provides that the Commission may not increase the application fee by more than $5.00 during a 12-month period. These provisions become effective July 1, 2017. Except as otherwise provided, this act becomes effective October 1, 2016. H742 - Professional Engineer Licensure/Allow School Maintenance Plumbers. (SL 2016-105) Sec. 1 of S.L. 2016-105 rewrites the provision related to licensure as a professional engineer to clarify the requirements. This section also eliminates the requirement that the applicant must meet the education, experience, and examination requirements in a particular order. Additionally, this section clarifies the process for obtaining an engineer intern certificate and provides that an applicant for a professional engineer's license must meet stated requirements for education, examination, and experience. This section retains the existing authority for licensure by comity, long-established practice, faculty members, and doctors of engineering. 2016 Summaries Publication Page 25 8/22/2016 9:33 p.m. This section becomes effective October 1, 2016. 2016 Summaries Publication Page 26 8/22/2016 9:33 p.m. Property, Trusts, and Estates See full summary documents for additional detail H567 - North Carolina Cemetery Act Changes. (SL 2016-83) SUMMARY: S.L. 2016-83 authorizes certain cemeteries to transfer or encumber a portion of the minimum acreage required to be held by licensed cemeteries for use as a cemetery. This act became effective June 30, 2016. 2016 Summaries Publication Page 27 8/22/2016 9:33 p.m. Retirement See full summary documents for additional detail H960 - Retirement Creditable Service Charter Schools. (SL 2016-82) S.L. 2016-82 allows a member of the Teachers' and State Employees' Retirement System (TSERS) to purchase up to five years of creditable service for employment in a charter school operated by a private nonprofit corporation and requires cost estimates for statutory changes to service purchase provisions. The act became effective June 30, 2016. 2016 Summaries Publication Page 28 8/22/2016 9:33 p.m. State Government See full summary documents for additional detail H253 - Justice Reinvestment Act Changes. (SL 2016-77) S.L. 2016-77 makes changes to the authority of probation officers with respect to setting conditions of probation, post-release, and parolees, to further implement the Justice Reinvestment Act of 2011. This act has various effective dates. Please see the full summary for more detail. H805 - Measurability Assessments/Budget Technical Corrections. (SL 2016-123) Sec. 10.2 of S.L. 2016-123 authorizes the Department of Administration to lease the 1.7 acre Personnel Training Center property located on Peace Street in Wake County to a third party for a term of up to 99 years. This section became effective July 1, 2016. H971 - Motor Fleet Clarification. (SL 2016-29) S.L. 2016-29 provides that the Department of Administration may contract with private vendors for short-term rental vehicles for use by officers and employees of State agencies for State business. This act became effective June 22, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 6.3 of S.L. 2016-94, as amended by Sec. 2.2 of S.L. 2016-123, provides authority for the Director of the Budget to continue to spend State funds in the event that a fiscal year begins for which no budget has yet become law. This section authorizes the Director to continue to spend State funds at the recurring amount authorized to be spent during the prior fiscal year, freezes State employee salaries, and halts statutory transfers to certain statewide reserves. This section provides that once a budget becomes law, total expenditures must be adjusted to give effect to the enacted budget. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 6.6 of S.L. 2016-94 exempts certain funds annually appropriated to the Golden L.E.A.F (Long Term Economic Advancement Foundation), Inc. from provisions of the State Budget Act that govern the 2016 Summaries Publication Page 29 8/22/2016 9:33 p.m. administration of grants, in order to eliminate duplicative or nearly-duplicative administrative obligations on the use of these funds. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Section 15.1 of S.L. 2016-94 directs the Department of Commerce to report on: its proposed broadband initiative, and its proposed use of deobligated Community Development Block Grant (CDBG) funds to support that initiative. on the feasibility of using CDBG funds, including deobligated CDBG funds, to establish a program to assist with economic development of commercial oyster fisheries in coastal communities. on the feasibility of using CDBG funds, including deobligated CDBG funds, to create a program to provide a source of funding and assistance for small food retailers operating in the State in low income areas to improve access to healthy foods. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.2 of S.L. 2016-94 eliminates the reserve accounts at the Office of State Management and Budget from which the Job Development Investment Grant Program and One North Carolina Fund obligations were paid, in favor of having the accounting of those obligations housed directly in the Department of Commerce. This section provides that funds remaining in the respective reserves as of June 30, 2016, are transferred to the Department of Commerce for the corresponding economic development program. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.6 of S.L. 2016-94 changes the composition of the North Carolina Travel and Tourism Board from 29 to 19 members, alters the qualifications for several of the members, and makes conforming changes to appointment and term expiration dates. This section became effective July 1, 2016. The changes to the composition and qualifications of the Board became effective July 1, 2016, and apply to appointments made on or after that date. 2016 Summaries Publication Page 30 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.7 of S.L. 2016-94 modifies the general rule for Job Development Investment Grant projects that are located in multiple tiers, by providing that instead of using the standards applicable to the highest tier, the standards applicable to the lowest tier apply for purposes of the Industrial Development Fund Utility Account award percentage, if: (i) at least one location of the project is in a tier 1 or 2 area; (ii) at least one location of the project is in a tier 3 area; and (iii) at least 66% of the total jobs or benefits of the project go to the location in the lowest tier area. This section becomes effective January 1, 2017, and applies to awards made on or after that date. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.8 of S.L. 2016-94 requires the Department of Commerce to add to the personnel co-located at the Collaboration for Prosperity Zones an additional employee at each zone responsible for assisting communities with economic and community development projects. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.10 of S.L. 2016-94 creates the International Recruiting Coordination Office (Office) within the Department of Commerce that is responsible for: Entertaining and providing for the hosting of international visitors to the State. Procuring customary and appropriate cultural gifts. Screening potential foreign investments. Coordinating with the Economic Development Partnership of North Carolina on international and domestic business marketing and advertising of the State. The Office is directed to report on its expenditures and activities to several legislative committees by October 1 of each year. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 16.9 of S.L. 2016-94 directs the North Carolina Symphony to review and update the contractual language used for contracts with nonsymphony performers and to report the changes made to the language as a result of the review to the Joint Legislative Commission on Government Operations by November 1, 2016. 2016 Summaries Publication Page 31 8/22/2016 9:33 p.m. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 32.5 of S.L. 2016-94, as amended by Sec. 8.3 of S.L. 2016-123, consolidates the North Carolina Council for Women and the Youth Advocacy and Involvement Office of the Department of Administration as the North Carolina Council for Women and Youth Involvement. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 37.5 of S.L. 2016-94 clarifies that allocations of funds from the Reserve for Repairs and Renovations may be used for the installation of new electrical, plumbing, and related systems, and also authorizes funds allocated from that Reserve to be used for building demolition. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 37.7 of S.L. 2016-94: Prohibits State agencies from entering into leases of real property, either as lessor or lessee, for a period of more than 30 years unless the General Assembly has authorized the lease or unless certain exceptions apply. Prohibits State agencies from entering most leases as lessor that would require relocation of State functions or personnel if the agency to which the property is currently allocated possesses insufficient operating funds to cover the cost of both the relocation and the ongoing provision of State functions affected by the relocation. Imposes various reporting requirements related to the requirements of the section, and requires greater visibility for estimated operating costs of capital projects requested by State agencies. This section became effective July 1, 2016, and applies to leases entered into or renewed, and to budgets recommended by the Director of the Budget, on or after that date. H1044 - Law Enforcement Omnibus Bill. (SL 2016-87) S.L. 2016-87 does all of the following: Creates a "Blue Alert System" to aid in the apprehension of a person suspected of killing or inflicting serious bodily injury upon a law enforcement officer. 2016 Summaries Publication Page 32 8/22/2016 9:33 p.m. Permits the designee of the head or chief of a law enforcement agency to request confiscated firearms to be turned over to the law enforcement agency for official use, sale, trade, or exchange. Modifies the description of cognitive impairments that trigger a Silver Alert for missing persons. Authorizes the Division of Motor Vehicles to refuse vehicle registration for failure to pay civil penalties and fees incurred for violating size, weight, construction, and equipment restrictions. This provision becomes effective October 1, 2016, and applies to violations committed on or after that date. Expands the definition of "emergency" under the North Carolina Emergency Management Act. Permits the Samarcand Academy to sell merchandise and services to the public. Provides that persons hired by a State agency, department or university in a forensic scientist position and who are required to complete formal training before assuming their forensic scientist duties must be employed for 24 consecutive months in order to become career State employees. Except as otherwise provided, this act became effective July 11, 2016. S747 - State-Owned Real Property Management/Program Evaluation Division. (SL 2016-119) S.L. 2016-119 requires more active management of State-owned real property by the Department of Administration (DOA), as recommended by the Program Evaluation Division of the General Assembly, including: Ongoing identification and disposal of surplus State-owned real property. Ongoing measurement and reporting of utilization of State-owned real property. Ongoing updating of State-owned real property inventories. Ensuring that State-owned property is not available before leases are approved or renewed. Sections 3.(a) and 3.(b) of the act, which require DOA to review utilization data in the State-owned real property database to determine whether the property can meet the needs of a requesting State agency, will become effective July 1, 2018. The remainder of the act became effective July 28, 2016. S748 - Change Report - Building and Infrastructure Commission. (SL 2016-24) S.L. 2016-24 provides that the Blue Ribbon Commission to Study the Building and Infrastructure Needs of the State must submit its final report to the 2017 General Assembly, on or before December 31, 2016. This act became effective June 22, 2016. 2016 Summaries Publication Page 33 8/22/2016 9:33 p.m. Transportation See full summary documents for additional detail H256 - Handicapped Parking/Veterans Plate. (SL 2016-25) S.L. 2016-25 allows a vehicle displaying a partially disabled veteran plate to park in designated handicapped parking spaces. It also allows a person to meet the certification and recertification requirements for a handicapped license plate or placard with a disability determination from the U.S. Department of Veterans Affairs. This act became effective June 22, 2106. H464 - Regional Transportation Authority Revisions. (SL 2016-54) S.L. 2016-54 makes changes to the regional transportation authority statute governing PART, the Piedmont Authority for Regional Transportation. This act became effective August 1, 2016. H594 - Motor Vehicle Dealer Document Retention/Inspection/Format. (SL 2016-74) S.L. 2016-74 makes changes to the law governing motor vehicle dealer record retention. This act became effective June 30, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.5 of S.L. 2016-94 increases the amount that a project can be let after advertising from $2.5 million to $5 million. In addition, this section requires the Department of Transportation to report to the House and Senate Appropriation Committees on the impact to small businesses. This section became effective July 1, 2016, and applies to bids solicited on or after that date. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.6 of S.L. 2016-94 increases the transparency of the Department of Transportation (DOT) bidding process and provides for uniform timeframes across DOT divisions to post bids, publish bid results, and disclose bid cost estimates. This section became effective July 1, 2016, and applies to bids solicited on or after that date. 2016 Summaries Publication Page 34 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.7 of S.L. 2016-94 adjusts the unpaved roads funding program by directing the Department of Transportation to expend 50% of the funds equally across the 14 Highway Divisions for the paving of unpaved secondary roads within the respective Division based on the prioritized scores within the Division. The remaining 50% will continue to be awarded based on the statewide prioritization program. This section became effective July 1, 2016, and applies to funds allocated on or after that date. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.11 of S.L. 2016-94 directs the Department of Transportation to report on how it will measure the amount of preconstruction activities outsourced once these functions are consolidated into construction projects led by the 14 Highway Divisions. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.13 of S.L. 2016-94 eliminates the December 31, 2017, repeal date of the late fee for motor vehicle registrations. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.16 of S.L. 2016-94 authorizes the Division of Motor Vehicles to issue permanent registration plates for public transportation services that are recipients of the Federal Transit Administration's formula grant funds. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.18 of S.L. 2016-94 authorizes the disposal or revitalization of the rail-banked corridor between the Towns of Andrews and Murphy, North Carolina, according to certain determinations and financial participation. This section became effective July 1, 2016. 2016 Summaries Publication Page 35 8/22/2016 9:33 p.m. H1044 - Law Enforcement Omnibus Bill. (SL 2016-87) S.L. 2016-87 does all of the following: Creates a "Blue Alert System" to aid in the apprehension of a person suspected of killing or inflicting serious bodily injury upon a law enforcement officer. Permits the designee of the head or chief of a law enforcement agency to request confiscated firearms to be turned over to the law enforcement agency for official use, sale, trade, or exchange. Modifies the description of cognitive impairments that trigger a Silver Alert for missing persons. Authorizes the Division of Motor Vehicles to refuse vehicle registration for failure to pay civil penalties and fees incurred for violating size, weight, construction, and equipment restrictions. This provision becomes effective October 1, 2016, and applies to violations committed on or after that date. Expands the definition of "emergency" under the North Carolina Emergency Management Act. Permits the Samarcand Academy to sell merchandise and services to the public. Provides that persons hired by a State agency, department or university in a forensic scientist position and who are required to complete formal training before assuming their forensic scientist duties must be employed for 24 consecutive months in order to become career State employees. Except as otherwise provided, this act became effective July 11, 2016. 2016 Summaries Publication Page 36 8/22/2016 9:33 p.m.
Object Description
Description
Title | Summaries of substantive ratified legislation... General Assembly... |
Date | 2016 |
Description | 2016 |
Digital Characteristics-A | 376 KB; 37 p. |
Digital Format |
application/pdf |
Pres File Name-M | pubs_serial_summariessubstantiveratified2016.pdf |
Full Text | SUMMARIES OF SUBSTANTIVE RATIFIED LEGISLATION 2016 SESSION RESEARCH DIVISION N.C. GENERAL ASSEMBLY 2016 Summaries Publication Page 1 8/22/2016 9:33 p.m. 2016 Summaries of Substantive Ratified Legislation Agriculture and Wildlife See full summary documents for additional detail H992 - Amend Industrial Hemp Program. (SL 2016-93) S.L. 2016-93 expands the membership of the Industrial Hemp Commission (Commission) from five members to nine, (ii) clarifies the powers and duties of the Commission, including granting rulemaking authority to the Commission and providing that the industrial hemp research program must be managed and coordinated by State land grant universities, (iii) sets out specific responsibilities of licensees and authorized research purposes for the industrial hemp program, including the commercial sale and marketing of industrial hemp, (iv) creates civil and criminal penalties for various violations of the industrial hemp program, and (v) amends the definition of marijuana to allow for the production of industrial hemp when the Commission adopts temporary rules to implement the industrial hemp program. The civil and criminal penalties become effective December 1, 2016, and apply to offenses committed on or after that date. The remainder of the act became effective July 11, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 13.1 of S.L. 2016-94 provides that a local government is eligible for reimbursement from the Department of Agriculture and Consumer Services' Spay/Neuter Account if the local government offers a spay/neuter clinic operated by a non-profit organization under contract or other arrangement with the city, regardless of whether the non-profit organization contracts with a local veterinarian to perform the spay/neuter procedures. This section also amends the definition of "Low-income person" for purposes of eligibility for reimbursement from the Spay/Neuter Account to provide that an individual may meet that designation if the person qualifies for a public assistance program administered by the Department of Health and Human Services. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 13.4 of S.L. 2016-94 appropriates $60,000 to the Future Farmers of America program at Southern Guilford High School in Guilford County for a pilot program relating to animal science, and $12,000 apiece to the Future Farmers of America programs at the following high schools for a pilot program relating to animal science and agricultural crop planting: Mountain Heritage High School in Yancey County, Madison High School in Madison County, Central Haywood High School in Haywood County, Pisgah High School in Haywood County, and Tuscola High School in Haywood County. As part of its annual report, the Tobacco Trust Fund Commission must report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on program activities, objectives, and itemized expenditures from these funds. 2016 Summaries Publication Page 2 8/22/2016 9:33 p.m. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Section 13.4 of S.L. 2016-94, as amended by Sec. 6.3 of S.L. 2016-123, directs the Department of Agriculture and Consumer Services (DACS) to create a program to reimburse small food retailers for expenditures relating to enhancing access to healthy foods in food desert zones. Funds may be used to reimburse small food retailers for the purchase and installation of refrigeration equipment, display shelving, and other equipment necessary for stocking nutrient-dense foods. $250,000 is appropriated to the program, and DACS may reimburse a single small food retailer up to $25,000. To be eligible for the program, a small food retailer must accept or agree to accept Supplemental Nutrition Assistance Program (SNAP) and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits. DACS must report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by October 1, 2017, on the activities, number of small food retailers receiving reimbursement, how funds were used by the small food retailers, and the gross amount of food in dollars sold to customers by participating small food retailers. This section became effective July 1, 2016. 2016 Summaries Publication Page 3 8/22/2016 9:33 p.m. Civil Law and Procedure See full summary documents for additional detail H992 - Amend Industrial Hemp Program. (SL 2016-93) S.L. 2016-93 expands the membership of the Industrial Hemp Commission (Commission) from five members to nine, (ii) clarifies the powers and duties of the Commission, including granting rulemaking authority to the Commission and providing that the industrial hemp research program must be managed and coordinated by State land grant universities, (iii) sets out specific responsibilities of licensees and authorized research purposes for the industrial hemp program, including the commercial sale and marketing of industrial hemp, (iv) creates civil and criminal penalties for various violations of the industrial hemp program, and (v) amends the definition of marijuana to allow for the production of industrial hemp when the Commission adopts temporary rules to implement the industrial hemp program. The civil and criminal penalties become effective December 1, 2016, and apply to offenses committed on or after that date. The remainder of the act became effective July 11, 2016. 2016 Summaries Publication Page 4 8/22/2016 9:33 p.m. Commercial Law and Consumer Protection See full summary documents for additional detail S482 - LLC Clarifications & Employee Invention Ownership. (SL 2016-114) S.L. 2016-114 makes technical and clarifying changes to the Limited Liability Company Act and further defines an employer's and employee's rights to inventions invented by an employee. This act becomes effective October 1, 2016. The provisions in Sections 1 and 2 of this act relating to operating agreements apply to agreements entered into on or after that date. 2016 Summaries Publication Page 5 8/22/2016 9:33 p.m. Courts, Justice, and Corrections See full summary documents for additional detail H253 - Justice Reinvestment Act Changes. (SL 2016-77) S.L. 2016-77 makes changes to the authority of probation officers with respect to setting conditions of probation, post-release, and parolees, to further implement the Justice Reinvestment Act of 2011. This act has various effective dates. Please see the full summary for more detail. 2016 Summaries Publication Page 6 8/22/2016 9:33 p.m. Criminal Law and Procedure See full summary documents for additional detail H253 - Justice Reinvestment Act Changes. (SL 2016-77) S.L. 2016-77 makes changes to the authority of probation officers with respect to setting conditions of probation, post-release, and parolees, to further implement the Justice Reinvestment Act of 2011. This act has various effective dates. Please see the full summary for more detail. H283 - Prevent Squatting in Foreclosed Real Property. (SL 2016-26) S.L. 2016-26 increases criminal penalties for persons who commit a trespass to real property by reentering after removal pursuant to a valid order or by knowingly creating or presenting a false document of title or possession. This act becomes effective December 1, 2016, and applies to offenses committed on or after that date. H292 - Beach Bingo Licenses. (SL 2016-27) S.L. 2016-27 requires a license to operate a beach bingo game. The initial application fee is $300, and the annual renewal fee is $300. The act also criminalizes operating a beach bingo game without a license and providing false information on a license application as Class 2 misdemeanors. Beginning October 1, 2016, the State Bureau of Investigation may accept applications, charge and collect application fees, and issue licenses. Providing false information on an application is a Class 2 misdemeanor beginning October 1, 2016. Operating a beach bingo game without a license is a Class 2 misdemeanor beginning December 1, 2016. The remainder of this act became effective June 22, 2016. H992 - Amend Industrial Hemp Program. (SL 2016-93) S.L. 2016-93 expands the membership of the Industrial Hemp Commission (Commission) from five members to nine, (ii) clarifies the powers and duties of the Commission, including granting rulemaking authority to the Commission and providing that the industrial hemp research program must be managed and coordinated by State land grant universities, (iii) sets out specific responsibilities of licensees and authorized research purposes for the industrial hemp program, including the commercial sale and marketing of industrial hemp, (iv) creates civil and criminal penalties for various violations of the industrial hemp program, and (v) amends the definition of marijuana to allow for the production of industrial hemp when the Commission adopts temporary rules to implement the industrial hemp program. The civil and criminal penalties become effective December 1, 2016, and apply to offenses committed on or after that date. The remainder of the act became effective July 11, 2016. 2016 Summaries Publication Page 7 8/22/2016 9:33 p.m. H1021 - Amend Sex Offender Certain Premises. (SL 2016-102) S.L. 2016-102 modifies the law regarding sex offenders on certain premises by limiting the application of certain portions of the law to certain sex offenders and by rewording other portions of the law to address constitutional issues noted by the ruling in Doe v. Cooper. This act became effective September 1, 2016, and applies to offenses committed on or after that date. 2016 Summaries Publication Page 8 8/22/2016 9:33 p.m. Education See full summary documents for additional detail H242 - Various Charter School Law Changes. (SL 2016-79) S.L. 2016-79 makes various changes to the statues governing charter schools and reorganizes several of the statutes pertaining to charter schools. Review and Renewal of Charters. – The act directs the State Board of Education (SBE) to review the operations of a charter school at least once prior to the expiration of its charter. The SBE may renew a charter for a period of less than ten years or not renew the charter at all if one of the following conditions applies: (i) the charter school has not provided financially sound audits for the immediately preceding three years; (ii) the charter school's student academic outcomes for the immediately preceding three years have not been comparable to the academic outcomes of students in the local school administrative unit (LEA) in which the charter school is located; or (iii) the charter school is not in substantial compliance at the time of the renewal request with State or federal law or the charter school's own bylaws or charter. Material Revisions of Charters. – The act gives the SBE the discretion to waive the requirement that the actual enrollment is within 10% of the maximum authorized enrollment when a charter school requests a material revision of its charter because of a proposed capital expansion and has not been able to meet the enrollment requirement. The charter school must provide the SBE with information that demonstrates the following: The requested increase in enrollment growth is within a reasonable margin of the threshold necessary to support the material revision. The charter school has secured financing for its proposed capital expansion conditioned on obtaining the requested material revision. If the SBE grants a material revision for enrollment growth based on this evidence and the charter school is not able to realize the capital expansion within two years of the grant of the material revision, the charter school must reflect the maximum authorized enrollment that was in place immediately preceding the material revision. Non-Material Revisions of Charters. – The act recodifies the existing law into a new statute. Enrollment Priority. – The act provides charter two additional enrollment priorities that may be used: (i) students who were enrolled in another charter school in the State in the previous year that does not offer the students' next grade levels; and (ii) students who were enrolled in another charter school in the State in the previous year that does not offer the students' next grade level and both of the charter schools have enrollment articulation agreements to accept students or are governed by the same board of directors. Information on Per Pupil Shares of Local Current Expense Funds. – The act directs LEAs to provide the SBE with the same information they provide to charter schools to which they transfer a per pupil share of the local current expense fund. The SBE is directed to adopt a policy on the collection of this information and issue letters of non-compliance to LEAs if the information is not submitted. Low-Performing and Continually Low-Performing Charter Schools. – The act directs the SBE to identify low-performing and continually low-performing charter schools on an annual basis. Low-performing charter schools are defined as schools that receive a school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth." Continually low-performing 2016 Summaries Publication Page 9 8/22/2016 9:33 p.m. charter schools are those that have been designated as low-performing for at least two of three consecutive years and the SBE may terminate, not renew, or seek applicants to assume the charters. However, the act provides that the SBE must not terminate or not renew the charter of a continually low-performing charter school solely because of its continually low-performing status if: (i) the charter school has met growth in each of the preceding three school years or (ii) the charter has an approved strategic improvement plan and is making measurable progress toward adequate student performance goals. Charter School Facilities. – The act specifies that a building or land owned by a local board of education is available to be leased to a charter school if it is closed, vacant, or otherwise unused for classrooms, administrative offices, or extracurricular activities. The local board of education must make a decision on the request by the charter school for the building or land within 90 days of the request. If the decision is not made within that time frame, the local board of education must provide a written explanation of its reasons for not acting within the 90 days to the North Carolina Charter Schools Advisory Board and the Joint Legislative Education Oversight Committee. Fast-Track Charter Application Timelines. – The act directs the SBE to decide whether to grant a charter through the fast-track replication process by October 15 of the year immediately preceding the year of the proposed school opening. The SBE must adopt rules and procedures within 90 days of the effective date of this act and must report to the Joint Legislative Education Oversight Committee within 120 days of the effective date of this act. These changes become effective June 30, 2016, and apply beginning with applications submitted for fast-track replication of schools opening in the 2018-2019 school year. Except as otherwise provided, this act became effective June 30, 2016, and applies beginning with the 2016-2017 school year. H474 - Exclude Year-Round Track-Out Program/Child Care. (SL 2016-7) S.L. 2016-7 adds track-out programs provided to school-age children when they are out of school on a year-round school calendar to the listed exceptions to the statutory definition of "child care." This act became effective June 1, 2016. H561 - School System Authority Re: Legal Proceedings. (SL 2016-116) S.L. 2016-116 permits, effective October 1, 2016, a state or federal administrative agency with a quasi-judicial function or a court of law to inspect confidential portions of a school employee's personnel file if all of the following apply: A current or former employee has filed a claim against the local board of education or a school official or employee for any alleged act or omission arising during the course and scope of the employee's official duties or employment. In the discretion of the superintendent or superintendent's designee, disclosure is necessary to adequately defend against the employee's claim. Disclosure is limited to that employee's records, and only to the extent necessary for the defense of the local board of education. 2016 Summaries Publication Page 10 8/22/2016 9:33 p.m. The act also provides, effective October 1, 2016, that local boards of education can request the chief district court judge or designee to grant approval for the local board to issue subpoenas for the production of all tangible items in matters where an employee is suspected of committing job-related misconduct and which, in the discretion of the local board, requires investigation. In making the determination to approve the subpoena, the judge must consider the following: Whether there is reasonable time for compliance. If disclosure of privileged or other protected matter is required and if any exceptions apply to the privilege or protection. Whether the person would be subject to undue burdens or expenses. Whether the subpoena is otherwise unreasonable or oppressive. The act also directs the Program Evaluation Division to study the statutory procedures for resolving education funding disputes between local boards of education and boards of county commissioners. The study must include a historical review of funding requests and appropriations; fund balances; past use of mediation and litigation; current impacts on county budgeting procedures; dispute resolution processes in other states where local boards of education are fiscally dependent on other local governments; alternative ways for local boards of education to receive local funds; and recommendations for alternative ways to resolve education funding disputes or modifications to the current process. Except as otherwise provided, this act became effective July 28, 2016. PRIOR LAW: G.S. 115C-321 previously required information in personnel files of employees of local boards of education be kept confidential, with certain exceptions. Information required to be kept confidential was limited to inspection and examination by the following: H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 8.8 of S.L. 2016-94 directs the State Board of Education (SBE) to establish the Advanced Placement/International Baccalaureate Pilot Program (Pilot) to reward teacher performance and encourage student learning and improvement. As part of the Pilot, the Department of Public Instruction must administer bonus pay for two school years to licensed teachers of advanced courses, beginning with data from the 2015-2016 school year, as follows: A bonus of $50 for each student taught by an advanced course teacher in each advanced course who receives the following score: A score of three or higher on a College Board Advanced Placement Examination. A score of four or higher on an International Baccalaureate course examination. A teacher bonus awarded under this Pilot may not exceed $2000 in any school year. Bonuses for advanced course scores for the 2015-2016 and 2016-2017 school years will be payable in January 2017 and January 2018 respectively to qualifying advanced course teachers who remain employed teaching advanced courses in the same local school administrative unit at least from the school year the data is collected until the corresponding school year that the bonus is paid. The bonuses are not considered compensation under the Teachers' and State Employees' Retirement System. The SBE must report on and study the Pilot as follows: 2016 Summaries Publication Page 11 8/22/2016 9:33 p.m. The amount of bonuses awarded to advanced course teachers, including the amount awarded for Advanced Placement courses and the amount awarded for International Baccalaureate Diploma Programme courses, to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Fiscal Research Division by March 15, 2017, and again by March 15, 2018. The effect of the Pilot on advanced course teacher performance and retention to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee by March 15, 2018. This section became effective July 1, 2016, and expires June 30, 2018. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 8.13 of S.L. 2016-94makes the following changes to the virtual charter school pilot program: A participating virtual charter school may administer tests to multiple grade levels at the same time and in the same location. A participating virtual charter school may contract with a test administrator who is not employed by the board of directors of the school and meets the following criteria: Holds a valid North Carolina teaching license. Passes a criminal history check performed by the school. Is trained to administer a test in accordance with the North Carolina Testing Program. Decreases the amount of a participating virtual charter school's teaching staff that must reside in the State from 90% to 80%. Modifies the criteria for measuring a participating virtual charter school's student withdrawal rate to exclude the following: Students who regularly failed to participate in courses who are withdrawn under the procedures adopted by the school. Students no longer qualified under State law to attend a North Carolina public school, including relocation to another state. Students who: (i) withdraw from school because of a family, personal, or medical reason, and (ii) notify the school of the reason for withdrawal. Students who withdraw from school within the first 30 days following the date of enrollment. This section became effective July 1, 2016, and applies beginning with the 2016-2017 school year. 2016 Summaries Publication Page 12 8/22/2016 9:33 p.m. Environment, Natural Resources, and Energy See full summary documents for additional detail H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.1 of S.L. 2016-94 repeals, effective June 30, 2017, the statutes governing removal, collection, and recovery of mercury switches from end-of-life vehicles. Under prior law, the statutes in question would have expired December 31, 2017. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.3 of S.L. 2016-94 amends the distribution of tax revenue among various environmental funds and accounts. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.12 of S.L. 2016-94 makes clarifying and conforming changes to the Shallow Draft Navigation Channel Dredging and Aquatic Weed Control Funding eligibility. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.22 of S.L. 2016-94 directs three new studies beach nourishment studies, as follows: The first study requires the Division of Coastal Resources in the Department of Environmental Quality (DEQ) to study the benefits of out-of-state coastal storm damage reduction and beach nourishment projects to public infrastructure, public and private property, small business, and tourism in the State. The Division must report its results to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources (ANER Oversight Committee) by November 1, 2016. The second study requires each County Tax Office in Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, and Pender counties to compile information on the ownership and mailing addresses for the property in the county and any other mailing addresses associated with the property outside of those coastal counties. Each County Tax Office must submit an electronic list of the property addresses to DEQ and the ANER Oversight Committee by November 1, 2016. The third study requires the Department of Commerce to compile readily available economic data that quantifies the contribution of the coastal economy to the State's economy as a whole and directs the Department of Commerce to report its results of the study to DEQ and the ANER Oversight Committee by November 1, 2016. 2016 Summaries Publication Page 13 8/22/2016 9:33 p.m. In addition, this section directs DEQ to include these studies as appendices to the Beach and Inlet Management Plan required by the 2015 Appropriations Act (Sec. 14.6(b)(4) of S.L. 2015-241). This section became effective July 1, 2016. 2016 Summaries Publication Page 14 8/22/2016 9:33 p.m. Health and Human Services See full summary documents for additional detail H474 - Exclude Year-Round Track-Out Program/Child Care. (SL 2016-7) S.L. 2016-7 adds track-out programs provided to school-age children when they are out of school on a year-round school calendar to the listed exceptions to the statutory definition of "child care." This act became effective June 1, 2016. H667 - Mental Health, Developmental Disability, Substance Abuse, and Adult Care Facility Penalties and Remedies/Electronic Supervision Devices. (SL 2016-50) S.L. 2016-50 amends penalties and remedies for facilities that provide services to the mentally ill, developmentally disabled, and substance abusers, and for adult care home facilities; defines the term "substantial risk;" allows flexibility in assessing an administrative penalty when the facility has provided training and has corrected the violation and remains in compliance; eliminates the penalty review committee for adult care homes; and repeals the June 30, 2016, sunset on the Department of Health and Human Services pilot program for electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance. This act became effective June 30, 2016. H1014 - NC Pre-K Conforming Change/Taylor's Law. (SL 2016-30) S.L. 2016-30 makes technical and conforming changes to replace references to "More at Four" with "NC Pre-K" in the General Statutes and renames Part 6 of Article 1B of Chapter 130A of the General Statutes to "Taylor's Law Establishing the Advisory Council on Rare Diseases." This act became effective June 22, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) SUMMARY: Sec. 12A.7 of S.L. 2016-94 amends the implementation of the 2015 pilot program for Medicaid claims analytics and population health management as follows: $250,000 in recurring funds is allocated to the program for each year of the 2015-2017 fiscal biennium, and $1.25 million in nonrecurring funds is allocated for the 2016-2017 fiscal year to be used for the phased development, implementation, and operation of the pilot program. Department of Health and Human Services (DHHS) must provide access to Medicaid beneficiary files and local management entity/managed care organization encounter data for the pilot program. 2016 Summaries Publication Page 15 8/22/2016 9:33 p.m. The scope of the pilot program is expanded to include: o The integration of new data sources, such as patient level Healthcare Effectiveness Data and Information Set quality measures. o Customized reporting and analytics capabilities. o A tool to construct and analyze claims as clinical episodes of care. o Operationalization of the pilot program. Directs DHHS and the Government Data Analytics Center to submit a final report to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division of the findings and recommendations on the pilot program by May 31, 2017. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12B.1 of S.L. 2016-94 amends a provision enacted in the 2015 Appropriations Act that directed the Division of Child Development and Early Education in the Department of Health and Human Services to continue implementation of the NC Pre-K program to serve four year olds. This section clarifies that private child care centers and public schools operating prekindergarten classrooms must meet the building standards for preschool students rather than building standards for licensed child care facilities. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12B.2 of S.L. 2016-94 directs the Division of Child Development and Early Education (DCDEE) in the Department of Health and Human Services to study how rates are set for child care subsidy. In its study, DCDEE must review market rate studies and other methodologies for establishing rates and report any recommendations, including suggested methodologies and timeframes for setting and implementing rates, to the House and Senate Appropriations Committees on Health and Human Services and the Fiscal Research Division by March 1, 2017. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12B.3 of S.L. 2016-94 directs the Division of Child Development and Early Education (DCDEE) in the Department of Health and Human Services, beginning on October 1, 2016, to increase the child care subsidy market rates to the rates recommended by the 2015 Child Care Market Rate Study from age 3 to 5 years in 3-, 4-, and 5-star rated child care facilities in tier 1 and tier 2 counties. Section 12B.2A of S.L. 2015-241 directed DCDEE, beginning on January 1, 2016, to increase the child care subsidy market rates to the rates recommended by the 2015 Child Care Market Rate Study for birth through 2 years of age in 3-, 4-, and 5-star rated child care facilities in tier 1 and tier 2 counties. This section became effective July 1, 2016. 2016 Summaries Publication Page 16 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12B.4 of S.L. 2016-94, as amended by Sec. 5.4 of S.L. 2016-123, directs the Division of Child Development and Early Education (DCDEE) in the Department of Health and Human Services, in consultation with the Department of Public Instruction, to study the costs and effectiveness associated with funding slots for the NC Pre-K program (Program) and to review and determine the following: The total cost to fund a NC Pre-K slot, including administration and local costs. The Program's anticipated effectiveness in preparing eligible four year olds in the five developmental domains outlined in the North Carolina Foundations for Early Learning and Development. Whether the Program's effectiveness justifies the costs associated with funding NC Pre-K slots or whether alternatives may achieve the same objectives. The State share needed to fund a NC Pre-K slot by each setting. The amount of funds needed to maintain the current number of NC Pre-K slots if the cost per slot was increased to the amount recommended in the study. Recommendations on how often NC Pre-K slots should be evaluated and reported to the General Assembly. DCDEE must report its findings and recommendations, including legislative proposals, to the chairs of the House and Senate Appropriations Committees on Health and Human Services, and the Fiscal Research Division by February 1, 2017. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12E.4 of S.L. 2016-94 (1) defines the term "vector" to mean a living transporter and transmitter of the causative agent of a disease and (2) directs the Division of Public Health in the Department of Health and Human Services to establish and administer a vector surveillance program to protect the public health that includes: Conducting vector surveillance. Characterizing vector-borne disease risk. Recommending appropriate vector control measures. Evaluating the effectiveness of vector control measures. Providing comprehensive vector-borne disease consultation, communication, and education. The Commission for Public Health is authorized to adopt rules necessary to implement the vector surveillance program. This section became effective July 1, 2016. 2016 Summaries Publication Page 17 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 12E.6 of S.L. 2016-94 directs the Division of Public Health in the Department of Health and Human Services to report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on its proposal for resolving the shortfall of funds in local health departments attributed to their adjustment to new Medicaid reimbursement rates by February 1, 2017. This section became effective July 1, 2016. 2016 Summaries Publication Page 18 8/22/2016 9:33 p.m. Information Technology See full summary documents for additional detail H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 7.7 of S.L. 2016-94, as amended by Sec. 3.1 of S.L. 2016-123, requires the Department of Information Technology to create a cybersecurity apprenticeship program to provide training, apprenticeships, and career-based opportunities for disabled veterans who have at least a 10% disability rating as established by the United States Department of Veterans Affairs. The State Chief Information Officer must conduct a competitive process to select up to five disabled veterans to participate in the apprenticeship program using funds allocated by the 2016 Appropriations Act, however the Department is permitted to use funds generated from receipts for continuation or expansion of the program beyond the 2016-2017 fiscal year. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 7.10 of S.L. 2016-94 directs the Department of Information Technology (Department), in coordination with the Office of the State Controller and the Office of State Budget and Management, to plan and design an enterprise resource planning system (ERP) for State agencies by utilizing business process reengineering to identify and organize processes and workflow in order to prioritize and link work activities to realize efficiencies and organize around outcomes. The ERP system must address at least core financial management, grants, assets and inventory, fleet management, and human resource management with a request for proposal for a replacement system implementation prepared for release no later than July 1, 2017. The Department must report to the Joint Legislative Oversight Committee on Information Technology on or before January 15, 2017, the results from the business process reengineering efforts, including minimum criteria specified in the section. This section became effective July 1, 2016. 2016 Summaries Publication Page 19 8/22/2016 9:33 p.m. Insurance See full summary documents for additional detail H19 - Modify Definition of Firefighter. (SL 2016-51) S.L. 2016-51 changes the name of the North Carolina State Fireman's Association to the North Carolina State Firefighters' Association, amends the definition of "Firefighter" to include firefighters employed by county fire marshal offices, modifies the appointment process for the board of trustees of local Firefighters' Relief funds, provides that that the board of trustees of local Firefighters' Relief funds may disburse funds to cover necessary management and investment costs, and clarifies that fire alarms that are unintentional and result in no damage would not be considered in calculating minimum response requirements for initial rating or classification. This act became effective July 1, 2016. S815 - Charter School in State Health Plan. (SL 2016-106) S.L. 2016-106 authorizes another opportunity for the Board of Directors of Longleaf School of the Arts, a charter school located in Raleigh, to elect to participate in the State Health Plan for Teachers and State Employees. This act became effective July 22, 2016. 2016 Summaries Publication Page 20 8/22/2016 9:33 p.m. Labor and Employment See full summary documents for additional detail H19 - Modify Definition of Firefighter. (SL 2016-51) S.L. 2016-51 changes the name of the North Carolina State Fireman's Association to the North Carolina State Firefighters' Association, amends the definition of "Firefighter" to include firefighters employed by county fire marshal offices, modifies the appointment process for the board of trustees of local Firefighters' Relief funds, provides that that the board of trustees of local Firefighters' Relief funds may disburse funds to cover necessary management and investment costs, and clarifies that fire alarms that are unintentional and result in no damage would not be considered in calculating minimum response requirements for initial rating or classification. This act became effective July 1, 2016. H169 - Restore State Claim for Wrongful Discharge. (SL 2016-99) S.L. 2016-99 repeals, effective March 23, 2016, the prohibition on construing the Equal Employment Practices Act (EEPA) to create or support a statutory or common law private right of action, and prohibiting bringing a civil action based upon the public policy expressed in the EEPA. The act also creates a one year statute of limitations on claims of wrongful discharge in violation of the public policy in the EEPA. Except as otherwise provided, this act became effective July 18, 2016. S482 - LLC Clarifications & Employee Invention Ownership. (SL 2016-114) S.L. 2016-114 makes technical and clarifying changes to the Limited Liability Company Act and further defines an employer's and employee's rights to inventions invented by an employee. This act becomes effective October 1, 2016. The provisions in Sections 1 and 2 of this act relating to operating agreements apply to agreements entered into on or after that date. 2016 Summaries Publication Page 21 8/22/2016 9:33 p.m. Local Government See full summary documents for additional detail H464 - Regional Transportation Authority Revisions. (SL 2016-54) S.L. 2016-54 makes changes to the regional transportation authority statute governing PART, the Piedmont Authority for Regional Transportation. This act became effective August 1, 2016. H483 - Land-Use Regulatory Changes. (SL 2016-111) S.L. 2016-111 provides that amendments in city and county zoning ordinances, subdivision ordinances, and unified development ordinances must not be applicable or enforceable without the written consent of the owner with regard to a multi-phased development. A multi-phased development is vested for the entire development with the zoning ordinances, subdivision ordinances, and unified development ordinances then in place at the time a site plan approval is granted for the initial phase. A right which has been vested under these provisions remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. This act became effective July 22, 2016, and applies to multi-phased developments with approved site plans which are valid and unexpired on the effective date of this act and to multi-phased developments approved on or after the effective date of this act. H805 - Measurability Assessments/Budget Technical Corrections. (SL 2016-123) Sec. 2.4 of S.L. 2016-123 requires counties to provide, on lands held in trust by the United States for the Eastern Band of Cherokee Indians ("tribal lands"), public health or human services traditionally provided by county agencies and not otherwise assumed by the Eastern Band of Cherokee Indians, regardless of whether the county has entered into an agreement with the Eastern Band of Cherokee Indians to provide such services. This section also provides that any agreement between the Eastern Band of Cherokee Indians and a county for provision of county services on tribal lands: Need not describe any compensation for services provided; Must be approved by the Principal Chief of the Eastern Band of Cherokee Indians, rather than by the Tribal Council; and Must be signed by the county manager or delegated department head, rather than by the chair of the board of county commissioners on behalf of the county manager. This section became effective August 1, 2016. 2016 Summaries Publication Page 22 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 14.22 of S.L. 2016-94 directs three new studies beach nourishment studies, as follows: The first study requires the Division of Coastal Resources in the Department of Environmental Quality (DEQ) to study the benefits of out-of-state coastal storm damage reduction and beach nourishment projects to public infrastructure, public and private property, small business, and tourism in the State. The Division must report its results to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources (ANER Oversight Committee) by November 1, 2016. The second study requires each County Tax Office in Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, and Pender counties to compile information on the ownership and mailing addresses for the property in the county and any other mailing addresses associated with the property outside of those coastal counties. Each County Tax Office must submit an electronic list of the property addresses to DEQ and the ANER Oversight Committee by November 1, 2016. The third study requires the Department of Commerce to compile readily available economic data that quantifies the contribution of the coastal economy to the State's economy as a whole and directs the Department of Commerce to report its results of the study to DEQ and the ANER Oversight Committee by November 1, 2016. In addition, this section directs DEQ to include these studies as appendices to the Beach and Inlet Management Plan required by the 2015 Appropriations Act (Sec. 14.6(b)(4) of S.L. 2015-241). This section became effective July 1, 2016. 2016 Summaries Publication Page 23 8/22/2016 9:33 p.m. Military, Veterans, and Indian Affairs See full summary documents for additional detail H805 - Measurability Assessments/Budget Technical Corrections. (SL 2016-123) Sec. 2.4 of S.L. 2016-123 requires counties to provide, on lands held in trust by the United States for the Eastern Band of Cherokee Indians ("tribal lands"), public health or human services traditionally provided by county agencies and not otherwise assumed by the Eastern Band of Cherokee Indians, regardless of whether the county has entered into an agreement with the Eastern Band of Cherokee Indians to provide such services. This section also provides that any agreement between the Eastern Band of Cherokee Indians and a county for provision of county services on tribal lands: Need not describe any compensation for services provided; Must be approved by the Principal Chief of the Eastern Band of Cherokee Indians, rather than by the Tribal Council; and Must be signed by the county manager or delegated department head, rather than by the chair of the board of county commissioners on behalf of the county manager. This section became effective August 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 7.7 of S.L. 2016-94, as amended by Sec. 3.1 of S.L. 2016-123, requires the Department of Information Technology to create a cybersecurity apprenticeship program to provide training, apprenticeships, and career-based opportunities for disabled veterans who have at least a 10% disability rating as established by the United States Department of Veterans Affairs. The State Chief Information Officer must conduct a competitive process to select up to five disabled veterans to participate in the apprenticeship program using funds allocated by the 2016 Appropriations Act, however the Department is permitted to use funds generated from receipts for continuation or expansion of the program beyond the 2016-2017 fiscal year. This section became effective July 1, 2016. 2016 Summaries Publication Page 24 8/22/2016 9:33 p.m. Occupational Boards and Licensing See full summary documents for additional detail H728 - Amend Various Licensing Board Laws/Fees. (SL 2016-117) S.L. 2016-117 makes various changes to several occupational licensing boards' statutes and fees, as follows: Extends the period after employment for a chiropractic clinical assistant to obtain a certificate of competency from the State Board of Chiropractic Examiners and raises the maximum allowable annual renewal fee for a chiropractic license from $150 to $300. Makes several changes to the statutes governing the North Carolina Medical Board, including increasing the application fee payable to the Medical Board for each applicant for a license to practice medicine and surgery in the State and the annual registration fee for every person licensed to practice medicine by the Board. These provisions also amend the peer review agreement to provide that the Medical Board may enter into agreements with the North Carolina Medical Society, the North Carolina Academy of Physician Assistants, and the North Carolina Physicians Health Program (Program) to identify, review, and evaluate licensees of the Board who have been referred to the Program, with regard to their ability to function in their professional capacity and to coordinate regimens for treatment and rehabilitation. Any information acquired, created, or used in good faith by the Program under this health program is privileged, confidential, and not subject to discovery, subpoena, or other means of legal compulsion for release. Creates a new apprenticeship requirement option for opticians and a six-month intern requirement for licensure, and lowers apprenticeship requirements for licensure from 3½ to 2½ years. These provisions also increase the Board of Opticians’ fees and create four new fees. Increases the Real Estate Commission's application fee for new licensees from $30 to $100, and allows the Commission to increase the application fee from $100 to $120 by rule, but provides that the Commission may not increase the application fee by more than $5.00 during a 12-month period. This section also increases the Commission's license renewal fee from $30 to $45, and allows the Commission to increase the renewal fee from $45 to $60 by rule, but provides that the Commission may not increase the application fee by more than $5.00 during a 12-month period. These provisions become effective July 1, 2017. Except as otherwise provided, this act becomes effective October 1, 2016. H742 - Professional Engineer Licensure/Allow School Maintenance Plumbers. (SL 2016-105) Sec. 1 of S.L. 2016-105 rewrites the provision related to licensure as a professional engineer to clarify the requirements. This section also eliminates the requirement that the applicant must meet the education, experience, and examination requirements in a particular order. Additionally, this section clarifies the process for obtaining an engineer intern certificate and provides that an applicant for a professional engineer's license must meet stated requirements for education, examination, and experience. This section retains the existing authority for licensure by comity, long-established practice, faculty members, and doctors of engineering. 2016 Summaries Publication Page 25 8/22/2016 9:33 p.m. This section becomes effective October 1, 2016. 2016 Summaries Publication Page 26 8/22/2016 9:33 p.m. Property, Trusts, and Estates See full summary documents for additional detail H567 - North Carolina Cemetery Act Changes. (SL 2016-83) SUMMARY: S.L. 2016-83 authorizes certain cemeteries to transfer or encumber a portion of the minimum acreage required to be held by licensed cemeteries for use as a cemetery. This act became effective June 30, 2016. 2016 Summaries Publication Page 27 8/22/2016 9:33 p.m. Retirement See full summary documents for additional detail H960 - Retirement Creditable Service Charter Schools. (SL 2016-82) S.L. 2016-82 allows a member of the Teachers' and State Employees' Retirement System (TSERS) to purchase up to five years of creditable service for employment in a charter school operated by a private nonprofit corporation and requires cost estimates for statutory changes to service purchase provisions. The act became effective June 30, 2016. 2016 Summaries Publication Page 28 8/22/2016 9:33 p.m. State Government See full summary documents for additional detail H253 - Justice Reinvestment Act Changes. (SL 2016-77) S.L. 2016-77 makes changes to the authority of probation officers with respect to setting conditions of probation, post-release, and parolees, to further implement the Justice Reinvestment Act of 2011. This act has various effective dates. Please see the full summary for more detail. H805 - Measurability Assessments/Budget Technical Corrections. (SL 2016-123) Sec. 10.2 of S.L. 2016-123 authorizes the Department of Administration to lease the 1.7 acre Personnel Training Center property located on Peace Street in Wake County to a third party for a term of up to 99 years. This section became effective July 1, 2016. H971 - Motor Fleet Clarification. (SL 2016-29) S.L. 2016-29 provides that the Department of Administration may contract with private vendors for short-term rental vehicles for use by officers and employees of State agencies for State business. This act became effective June 22, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 6.3 of S.L. 2016-94, as amended by Sec. 2.2 of S.L. 2016-123, provides authority for the Director of the Budget to continue to spend State funds in the event that a fiscal year begins for which no budget has yet become law. This section authorizes the Director to continue to spend State funds at the recurring amount authorized to be spent during the prior fiscal year, freezes State employee salaries, and halts statutory transfers to certain statewide reserves. This section provides that once a budget becomes law, total expenditures must be adjusted to give effect to the enacted budget. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 6.6 of S.L. 2016-94 exempts certain funds annually appropriated to the Golden L.E.A.F (Long Term Economic Advancement Foundation), Inc. from provisions of the State Budget Act that govern the 2016 Summaries Publication Page 29 8/22/2016 9:33 p.m. administration of grants, in order to eliminate duplicative or nearly-duplicative administrative obligations on the use of these funds. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Section 15.1 of S.L. 2016-94 directs the Department of Commerce to report on: its proposed broadband initiative, and its proposed use of deobligated Community Development Block Grant (CDBG) funds to support that initiative. on the feasibility of using CDBG funds, including deobligated CDBG funds, to establish a program to assist with economic development of commercial oyster fisheries in coastal communities. on the feasibility of using CDBG funds, including deobligated CDBG funds, to create a program to provide a source of funding and assistance for small food retailers operating in the State in low income areas to improve access to healthy foods. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.2 of S.L. 2016-94 eliminates the reserve accounts at the Office of State Management and Budget from which the Job Development Investment Grant Program and One North Carolina Fund obligations were paid, in favor of having the accounting of those obligations housed directly in the Department of Commerce. This section provides that funds remaining in the respective reserves as of June 30, 2016, are transferred to the Department of Commerce for the corresponding economic development program. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.6 of S.L. 2016-94 changes the composition of the North Carolina Travel and Tourism Board from 29 to 19 members, alters the qualifications for several of the members, and makes conforming changes to appointment and term expiration dates. This section became effective July 1, 2016. The changes to the composition and qualifications of the Board became effective July 1, 2016, and apply to appointments made on or after that date. 2016 Summaries Publication Page 30 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.7 of S.L. 2016-94 modifies the general rule for Job Development Investment Grant projects that are located in multiple tiers, by providing that instead of using the standards applicable to the highest tier, the standards applicable to the lowest tier apply for purposes of the Industrial Development Fund Utility Account award percentage, if: (i) at least one location of the project is in a tier 1 or 2 area; (ii) at least one location of the project is in a tier 3 area; and (iii) at least 66% of the total jobs or benefits of the project go to the location in the lowest tier area. This section becomes effective January 1, 2017, and applies to awards made on or after that date. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.8 of S.L. 2016-94 requires the Department of Commerce to add to the personnel co-located at the Collaboration for Prosperity Zones an additional employee at each zone responsible for assisting communities with economic and community development projects. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 15.10 of S.L. 2016-94 creates the International Recruiting Coordination Office (Office) within the Department of Commerce that is responsible for: Entertaining and providing for the hosting of international visitors to the State. Procuring customary and appropriate cultural gifts. Screening potential foreign investments. Coordinating with the Economic Development Partnership of North Carolina on international and domestic business marketing and advertising of the State. The Office is directed to report on its expenditures and activities to several legislative committees by October 1 of each year. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 16.9 of S.L. 2016-94 directs the North Carolina Symphony to review and update the contractual language used for contracts with nonsymphony performers and to report the changes made to the language as a result of the review to the Joint Legislative Commission on Government Operations by November 1, 2016. 2016 Summaries Publication Page 31 8/22/2016 9:33 p.m. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 32.5 of S.L. 2016-94, as amended by Sec. 8.3 of S.L. 2016-123, consolidates the North Carolina Council for Women and the Youth Advocacy and Involvement Office of the Department of Administration as the North Carolina Council for Women and Youth Involvement. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 37.5 of S.L. 2016-94 clarifies that allocations of funds from the Reserve for Repairs and Renovations may be used for the installation of new electrical, plumbing, and related systems, and also authorizes funds allocated from that Reserve to be used for building demolition. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 37.7 of S.L. 2016-94: Prohibits State agencies from entering into leases of real property, either as lessor or lessee, for a period of more than 30 years unless the General Assembly has authorized the lease or unless certain exceptions apply. Prohibits State agencies from entering most leases as lessor that would require relocation of State functions or personnel if the agency to which the property is currently allocated possesses insufficient operating funds to cover the cost of both the relocation and the ongoing provision of State functions affected by the relocation. Imposes various reporting requirements related to the requirements of the section, and requires greater visibility for estimated operating costs of capital projects requested by State agencies. This section became effective July 1, 2016, and applies to leases entered into or renewed, and to budgets recommended by the Director of the Budget, on or after that date. H1044 - Law Enforcement Omnibus Bill. (SL 2016-87) S.L. 2016-87 does all of the following: Creates a "Blue Alert System" to aid in the apprehension of a person suspected of killing or inflicting serious bodily injury upon a law enforcement officer. 2016 Summaries Publication Page 32 8/22/2016 9:33 p.m. Permits the designee of the head or chief of a law enforcement agency to request confiscated firearms to be turned over to the law enforcement agency for official use, sale, trade, or exchange. Modifies the description of cognitive impairments that trigger a Silver Alert for missing persons. Authorizes the Division of Motor Vehicles to refuse vehicle registration for failure to pay civil penalties and fees incurred for violating size, weight, construction, and equipment restrictions. This provision becomes effective October 1, 2016, and applies to violations committed on or after that date. Expands the definition of "emergency" under the North Carolina Emergency Management Act. Permits the Samarcand Academy to sell merchandise and services to the public. Provides that persons hired by a State agency, department or university in a forensic scientist position and who are required to complete formal training before assuming their forensic scientist duties must be employed for 24 consecutive months in order to become career State employees. Except as otherwise provided, this act became effective July 11, 2016. S747 - State-Owned Real Property Management/Program Evaluation Division. (SL 2016-119) S.L. 2016-119 requires more active management of State-owned real property by the Department of Administration (DOA), as recommended by the Program Evaluation Division of the General Assembly, including: Ongoing identification and disposal of surplus State-owned real property. Ongoing measurement and reporting of utilization of State-owned real property. Ongoing updating of State-owned real property inventories. Ensuring that State-owned property is not available before leases are approved or renewed. Sections 3.(a) and 3.(b) of the act, which require DOA to review utilization data in the State-owned real property database to determine whether the property can meet the needs of a requesting State agency, will become effective July 1, 2018. The remainder of the act became effective July 28, 2016. S748 - Change Report - Building and Infrastructure Commission. (SL 2016-24) S.L. 2016-24 provides that the Blue Ribbon Commission to Study the Building and Infrastructure Needs of the State must submit its final report to the 2017 General Assembly, on or before December 31, 2016. This act became effective June 22, 2016. 2016 Summaries Publication Page 33 8/22/2016 9:33 p.m. Transportation See full summary documents for additional detail H256 - Handicapped Parking/Veterans Plate. (SL 2016-25) S.L. 2016-25 allows a vehicle displaying a partially disabled veteran plate to park in designated handicapped parking spaces. It also allows a person to meet the certification and recertification requirements for a handicapped license plate or placard with a disability determination from the U.S. Department of Veterans Affairs. This act became effective June 22, 2106. H464 - Regional Transportation Authority Revisions. (SL 2016-54) S.L. 2016-54 makes changes to the regional transportation authority statute governing PART, the Piedmont Authority for Regional Transportation. This act became effective August 1, 2016. H594 - Motor Vehicle Dealer Document Retention/Inspection/Format. (SL 2016-74) S.L. 2016-74 makes changes to the law governing motor vehicle dealer record retention. This act became effective June 30, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.5 of S.L. 2016-94 increases the amount that a project can be let after advertising from $2.5 million to $5 million. In addition, this section requires the Department of Transportation to report to the House and Senate Appropriation Committees on the impact to small businesses. This section became effective July 1, 2016, and applies to bids solicited on or after that date. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.6 of S.L. 2016-94 increases the transparency of the Department of Transportation (DOT) bidding process and provides for uniform timeframes across DOT divisions to post bids, publish bid results, and disclose bid cost estimates. This section became effective July 1, 2016, and applies to bids solicited on or after that date. 2016 Summaries Publication Page 34 8/22/2016 9:33 p.m. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.7 of S.L. 2016-94 adjusts the unpaved roads funding program by directing the Department of Transportation to expend 50% of the funds equally across the 14 Highway Divisions for the paving of unpaved secondary roads within the respective Division based on the prioritized scores within the Division. The remaining 50% will continue to be awarded based on the statewide prioritization program. This section became effective July 1, 2016, and applies to funds allocated on or after that date. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.11 of S.L. 2016-94 directs the Department of Transportation to report on how it will measure the amount of preconstruction activities outsourced once these functions are consolidated into construction projects led by the 14 Highway Divisions. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.13 of S.L. 2016-94 eliminates the December 31, 2017, repeal date of the late fee for motor vehicle registrations. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.16 of S.L. 2016-94 authorizes the Division of Motor Vehicles to issue permanent registration plates for public transportation services that are recipients of the Federal Transit Administration's formula grant funds. This section became effective July 1, 2016. H1030 - 2016 Appropriations Act. (SL 2016-94) Sec. 35.18 of S.L. 2016-94 authorizes the disposal or revitalization of the rail-banked corridor between the Towns of Andrews and Murphy, North Carolina, according to certain determinations and financial participation. This section became effective July 1, 2016. 2016 Summaries Publication Page 35 8/22/2016 9:33 p.m. H1044 - Law Enforcement Omnibus Bill. (SL 2016-87) S.L. 2016-87 does all of the following: Creates a "Blue Alert System" to aid in the apprehension of a person suspected of killing or inflicting serious bodily injury upon a law enforcement officer. Permits the designee of the head or chief of a law enforcement agency to request confiscated firearms to be turned over to the law enforcement agency for official use, sale, trade, or exchange. Modifies the description of cognitive impairments that trigger a Silver Alert for missing persons. Authorizes the Division of Motor Vehicles to refuse vehicle registration for failure to pay civil penalties and fees incurred for violating size, weight, construction, and equipment restrictions. This provision becomes effective October 1, 2016, and applies to violations committed on or after that date. Expands the definition of "emergency" under the North Carolina Emergency Management Act. Permits the Samarcand Academy to sell merchandise and services to the public. Provides that persons hired by a State agency, department or university in a forensic scientist position and who are required to complete formal training before assuming their forensic scientist duties must be employed for 24 consecutive months in order to become career State employees. Except as otherwise provided, this act became effective July 11, 2016. 2016 Summaries Publication Page 36 8/22/2016 9:33 p.m. |
OCLC number | 20957799 |