GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2017-212
SENATE BILL 582
AN ACT (I) TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2017 AND TO RELATED LEGISLATION and (II) to make Agency technical corrections.
The General Assembly of North Carolina enacts:
PART I. GENERAL PROVISIONS
SECTION 1.1. Section 5.3(e) of S.L. 2017‑57 reads as rewritten:
"SECTION 5.3.(e) Grant funds awarded under this section shall be subject to a matching requirement from the recipient county as follows:
(1) For a county designated as a development tier one area, the grant shall not exceed three dollars ($3.00) in grant funds for every one dollar ($1.00) provided by the county. Grant funds awarded to a tier one county shall not exceed fifteen million dollars ($15,000,000).
(2) For a county designated as a development tier two area, the grant shall not exceed one dollar ($1.00) for every one dollar ($1.00) in grant funds provided by the county. Grant funds awarded to a tier two county shall not exceed ten million dollars ($10,000,000).
Grant funds shall be used for the
construction of new capital projectsschool buildings only.
Grant funds shall not be used for real property acquisition or for operational
lease agreements. Notwithstanding subdivision (2) of this subsection, grant
funds shall only be awarded to development tier one counties until the 2020‑2021
fiscal year. Grant funds shall not be awarded to any county that has received
over eight million seven hundred fifty thousand dollars ($8,750,000) in funds
from the Public School Building Capital Fund from the 2012‑2013 fiscal
year to the 2016‑2017 fiscal year."
SECTION 1.2. Section 3 of S.L. 2017‑119 reads as rewritten:
"SECTION 3. Implementation. – The following actions and policy shall be taken to implement this section:
…
(7) All the following shall apply to the funds allocated to the Lumber River Council of Government as provided in sub‑subdivision (1)b. of Section 1 of this act:
a. The Housing Finance
Agency (HFA) shall coordinate with the Lumber River Council of Government (COG)
to create a 30‑ to 35‑unit36‑unit multifamily
affordable housing complex (housing complex) within the Fair Bluff Town limits.
All funds allocated to the COG under this act shall be used solely for the
development, management, maintenance, and preservation of the housing complex.
When filling units in the affordable housing complex, priority shall be given
to low‑income residents of Fair Bluff affected by the flooding and damage
caused by Hurricane Matthew.
…."
SECTION 1.3. Section 3 of S.L. 2017‑137 reads as rewritten:
"SECTION 3. This Section
2.5 of this act becomes effective January 1, 2018. The remainder of this act
becomes effective October 1, 2017. Section2017, and Section 1
applies to plans prepared for acquisitions policies issued or renewed
on or after the effective that date."
SECTION 1.4. The Department of Administration shall study the utilization of buildings by State agencies in the downtown Raleigh area and report its findings to the Joint Legislative Committee on Governmental Operations no later than April 1, 2018.
PART II. EDUCATION
SECTION 2.1. G.S. 115D‑5(x), as enacted by Section 7.22(g) of S.L. 2017‑57, reads as rewritten:
"(x) In addition to the
evaluation of cooperative innovative high schools by the State Board of
Education pursuant to G.S. 115C‑238.55, the State Board of Community
Colleges, in conjunction with the State Board of Education and the Board of
Governors of The University of North Carolina, shall evaluate the success of
students participating in the Career and College Promise Program, including the
College Transfer pathway and the Career and Technical Education pathway.
Success shall be measured by high school retention rates, high school
completion rates, high school dropout rates, certification and associate degree
completion, admission to four‑year institutions, postgraduation
employment in career or study‑related fields, and employer satisfaction
of employees who participated in the programs. The Boards shall jointly report
by JanuaryMarch 15 of each year to the Joint Legislative
Education Oversight Committee."
SECTION 2.2. G.S. 115C‑64.17(c), as enacted by Section 7.23F(b) of S.L. 2017‑57, reads as rewritten:
"(c) Selection of
Recipients. – For the 2017‑2018 fiscal year, the Commission shall accept
applications for a grant until November 1,30, 2017. For
subsequent fiscal years that funds are made available for the Program, the
Commission shall accept applications for a grant until August 1 of each year.
The Commission shall select recipients in a manner that considers diversity
among the pool of applicants, including geographic location, location of
industries in the area in which a local school administrative unit is located,
and the size of the student population served by the unit, in order to award
funds to the extent possible to grant recipients that represent different
regions and characteristics of the State. The Commission shall recommend
recipients of the grants to the State Board of Education. The State Board, upon
consultation with the Superintendent of Public Instruction, shall approve the
recipients of grant awards."
SECTION 2.3.(a) Section 8.2(b) of S.L. 2017‑57 reads as rewritten:
"SECTION 8.2.(b) This
section applies to teachers entering the profession in the 2017‑2018
fiscal year.year who were hired prior to the effective date of
Section 8.2A of this act."
SECTION 2.3.(b) S.L. 2017‑57 is amended by adding a new section to read:
"support for later‑hired highly qualified nc teaching graduates
"SECTION 8.2A.(a) For purposes of this section, a "highly qualified graduate" or "graduate" is an individual entering the teaching profession and hired on or after the effective date of this section who has graduated from an approved educator preparation program located in North Carolina with both of the following criteria:
(1) A grade point average of 3.75 or higher on a 4.0 scale, or its equivalent.
(2) A score of the following or higher on an edTPA assessment or an equivalent score on a nationally normed and valid pedagogy assessment used to determine clinical practice performance:
a. A score of 42 for the World Languages and Classical Languages edTPA assessment.
b. A score of 57 for the Elementary Education edTPA assessment.
c. A score of 48 for all other edTPA assessments.
Notwithstanding Section 8.1(a) of this act, a highly qualified graduate who is employed by a local board of education shall receive a salary supplement each month at the highest level for which the graduate qualifies, as follows:
(1) A graduate accepts initial employment at a school identified as low‑performing by the State Board of Education pursuant to G.S. 115C‑105.37 shall receive a salary supplement during the graduate's first three years of employment as a teacher, without a break in service, equivalent to the difference between the State‑funded salary of the graduate and the State‑funded salary of a similarly situated teacher with three years of experience on the "A" Teachers salary schedule, as long as the graduate (i) remains teaching at the same school or (ii) accepts subsequent employment at another low‑performing school or local school administrative unit identified as low‑performing.
(2) A graduate licensed and employed to teach in the areas of special education, science, technology, engineering, or mathematics shall receive a salary supplement during the graduate's first two years of employment as a teacher, without a break in service, equivalent to the difference between the State‑funded salary of the graduate and the State‑funded salary of a similarly situated teacher with two years of experience on the "A" Teachers salary schedule, as long as the graduate continues teaching in one of those areas.
(3) All other graduates shall receive a salary supplement during the graduate's first year of employment as a teacher, without a break in service, equivalent to the difference between the State‑funded salary of the graduate and the State‑funded salary of a similarly situated teacher with one year of experience on the "A" Teachers salary schedule.
"SECTION 8.2A.(b) This section is effective when it becomes law and applies to teachers entering the profession in the 2017‑2018 fiscal year hired on or after that date."
SECTION 2.4.(a) Section 8.3(c) of S.L. 2017‑57 reads as rewritten:
"SECTION 8.3.(c) A principal compensated in accordance with this section for the 2017‑2018 fiscal year shall receive an amount equal to the greater of the following:
(1) The applicable amount determined pursuant to subsection (a) of this section.
(2) For principals who were eligible for longevity in the 2016‑2017 fiscal year, the sum of the following:
a. The salary the principal received in the 2016‑2017 fiscal year pursuant to Section 9.1 or Section 9.2 of S.L. 2016‑94.
b. The longevity that the principal would have received as provided for State employees under the North Carolina Human Resources Act for the 2016‑2017 fiscal year based on the principal's current years of service.
(3) For principals who were
not eligible for longevity in the 2016‑2017 school fiscal year,
the salary the principal received in the 2016‑2017 fiscal year pursuant
to Section 9.1 or Section 9.2 of S.L. 2016‑94."
SECTION 2.4.(b) Section 8.5(e) of S.L. 2017‑57 reads as rewritten:
"SECTION 8.5.(e) An assistant principal compensated in accordance with this section for the 2017‑2018 fiscal year shall receive an amount equal to the greater of the following:
(1) The applicable amount determined pursuant to subsections (a) through (c) of this section.
(2) For assistant principals who were eligible for longevity in the 2016‑2017 fiscal year, the sum of the following:
a. The salary the assistant principal received in the 2016‑2017 fiscal year pursuant to Section 9.1 or Section 9.2 of S.L. 2016‑94.
b. The longevity that the assistant principal would have received as provided for State employees under the North Carolina Human Resources Act for the 2016‑2017 fiscal year based on the assistant principal's current years of service.
(3) For assistant principals who were not eligible for longevity in the 2016‑2017 fiscal year, the salary the assistant principal received in the 2016‑2017 fiscal year pursuant to Section 9.1 or Section 9.2 of S.L. 2016‑94."
SECTION 2.4.(c) This section is effective when it becomes law and applies retroactively to July 1, 2017.
PART III. HEALTH AND HUMAN SERVICES
SECTION 3.1. Section 12F.1 of S.L. 2016‑94 reads as rewritten:
"SECTION 12F.1.(a) Definitions. – As used in this section, the following terms have the following meanings:
(1) Department. – The North Carolina Department of Health and Human Services.
(2) FQHC. – A federally qualified health center located in this State.
(3) Prescriber. – Anyone authorized to prescribe drugs pursuant to the laws of this State.
(4) Program participant. – An individual who (i) has been clinically assessed and diagnosed with opioid addiction, (ii) is selected by an FQHC to participate in the pilot program authorized by this section, and (iii) as part of the pilot program, receives the nonnarcotic, nonaddictive, extended‑release, injectable formulation of opioid antagonist approved by the United States Food and Drug Administration for the prevention of relapse to opioid dependence.
(5) Randomized control group member. – An individual
who (i) has been clinically assessed and diagnosed with opioid addiction, (ii)
is selected by a FQHC to participate in the pilot program authorized by this
section, and (iii) as part of the pilot program, does not receive the
nonnarcotic, nonaddictive, extended‑release, injectable formulation of
opioid antagonist approved by the United States Food and Drug Administration
for the prevention of relapse to opioid dependence.
"SECTION 12F.1.(b)
Pilot Program. – The Department shall oversee the administration of a three‑year
pilot program to be conducted by designated FQHCs to address North Carolina's
growing opioid addiction and overdose crisis. The goal of the pilot program is
to study the effectiveness of combining behavioral therapy with the utilization
of a nonnarcotic, nonaddictive, extended‑release, injectable formulation
of opioid antagonist approved by the United States Food and Drug Administration
for the prevention of relapse to opioid dependence. In conducting the pilot
program, selected FQHCs may collaborate with the Department, the North Carolina
Institute of Medicine (NCIOM), and any other qualified entity or State agency
that may be of assistance in accomplishing the objectives of the pilot program.
Prior to the initiation of this pilot program, the Department shall, in
collaboration with the NCIOM or any other qualified entity, determine the
number of program participants and randomized control group members needed
to participate in the pilot program in order to ensure sufficient statistical
significance to support any conclusions about the effectiveness of the pilot
program.
"SECTION 12F.1.(c) Selection of Participating FQHCs. – Not later than 30 days after the effective date of this section, the Department shall select a minimum of three and not more than five FQHCs located in different areas of the State to participate in the pilot program authorized by this section, giving first priority to FQHCs that have received supplemental grant funds from the United States Department of Health and Human Services, Health Resources and Services Administration, for substance abuse service expansion with a focus on medication‑assisted treatment in opioid use disorders.
"SECTION 12F.1.(d)
Selection of Program Participants. – Not later than 60 days after the effective
date of this section, the Department shall develop, in collaboration with the
NCIOM or any other qualified entity, a methodology for selecting program
participants and randomized control group members at each FQHC. Only
individuals who have been clinically assessed and diagnosed with opioid
addiction may be selected and treated as program participants and randomized
control group members.participants. Individuals who have been
referred from local criminal justice agencies may be selected as program participants
and randomized control group members.participants.
"SECTION 12F.1.(e) Treatment Standards. – As a condition of participating in the pilot program authorized by this section, each FQHC shall sign a written participation agreement provided by the Department that requires the FQHC to adhere to at least all of the following treatment standards for the duration of its participation in the pilot program:
(1) Treatment may be provided
to program participants and randomized control group members only by a
treatment provider who is affiliated with a participating FQHC.
(2) Only individuals who have
been clinically assessed and diagnosed with opioid addiction may be selected
and treated as program participants and randomized control group members.participants.
(3) Treatment providers at participating FQHCs shall do all of the following:
a. Provide treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and an addiction services provider.
b. Conduct any necessary additional professional, comprehensive substance use disorder and mental health diagnostic assessments of individuals under consideration for selection as pilot program participants to determine if they would benefit from substance use disorder treatment and monitoring.
c. Determine, based on the assessments described in sub‑subdivision b. of this subdivision, the treatment needs of the program participants served by the treatment provider.
d. Develop individualized treatment goals and objectives for each program participant.
e. Provide program participants with access to medication‑assisted treatment utilizing a nonnarcotic, nonaddictive, extended‑release, injectable formulation of opioid antagonist.
f. In addition to medication‑assisted treatment, provide program participants with other types of therapies, including behavioral therapies, outpatient programs, and community support, for opioid use disorder and any other disorders that are determined by the treatment provider to be co‑occurring disorders.
g. In the case of medication‑assisted treatment provided under the pilot program, a drug may be used only if it has been approved by the United States Food and Drug Administration for use in combination with behavioral therapy for the prevention of relapse to opioid dependence.
h. Comply with all applicable federal opioid treatment standards.
i. Monitor the progress of
program participants and randomized control group members through the
use of regular drug testing, including urinalysis.
"SECTION 12F.1.(f)
FQHC Reports. – No later than 60 days after the effective date of this section,
the Department shall, in collaboration with the NCIOM or any other qualified
entity, develop a standardized methodology for the collection of information on
program participants and randomized control group members at each FQHC.
As a condition of participating in the pilot program authorized by this
section, each selected FQHC must agree to follow this standardized methodology
for (i) collecting information on program participants and randomized
control group members and (ii) annually reporting that information to the
Department, in the format prescribed by the Department. The annual report shall
include at least all of the following information, in the format prescribed by
the Department:
(1) For each program participant
and randomized control group member,participant, that individual's
age, sex, and length of treatment. This information shall be reported to the
Department in a manner that does not disclose personally identifying
information about program participants and randomized control group members.participants.
(2) The total number of
program participants and the total number of randomized control group
members who successfully transitioned to opioid abstinence for a minimum of
30 days, 60 days, 90 days, six months, 12 months, and 18 months.
(3) A comparison of program participants to the
randomized control group members.
(4)(3) The amount of
State appropriations expended on a per program participant basis at each
participating FQHC.
"SECTION 12F.1.(g) Evaluation of Pilot Program. – By November 1, 2020, the Department shall conduct and submit to the Joint Legislative Oversight Committee on Health and Human Services a comprehensive evaluation of the effectiveness of this pilot program in addressing North Carolina's growing opioid addiction and overdose crisis. The Department may contract with an institution of higher education or other qualified entity with expertise in evaluating programs similar to the pilot program authorized by this section. The comprehensive evaluation shall include whether this pilot program was successful as measured by at least all of the following:
(1) The total number of program participants who successfully transitioned to opioid abstinence for a minimum of 30 days, 60 days, 90 days, six months, 12 months, and 18 months.
(2) A comparison of the program participants to the
randomized control group members.
(3)(2) A cost‑benefit
analysis of the pilot program.
"SECTION 12F.1.(h) Expiration. – The pilot program conducted at each selected FQHC shall expire no later than three years after the date of its commencement at that particular FQHC.
"SECTION 12F.1.(i) Funds in the amount of five hundred thousand dollars ($500,000) from the federal Substance Abuse Prevention and Treatment Block Grant shall be allocated to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2016‑2017 fiscal year. These funds shall be allocated to the FQHCs selected to participate in the pilot program authorized by this section on a per program participant basis to offset the cost of the following services:
(1) Medication dispensed to program participants.
(2) Provider fees for services rendered to program participants.
(3) Up to 14 days of detoxification services.
(4) Behavioral therapy for program participants.
(5) Drug testing and monitoring of program participants.
"SECTION 12F.1.(j) Subsection (i) of this section becomes effective July 1, 2016. The remainder of this section is effective when it becomes law."
SECTION 3.2.(a) G.S. 147‑86.70(b)(1) reads as rewritten:
"(b) Definitions. – The following definitions apply in this section:
(1) ABLE account. – An
account established and owned by an eligible individual and maintained under
this Article. A parent, guardian, guardian or agent under a power
of attorney may act on behalf of an account owner."
SECTION 3.2.(b) G.S. 147‑86.71 reads as rewritten:
"§ 147‑86.71. ABLE Program.
…
(b) Accounts. – The following provisions apply to an ABLE account:
(1) An account owner or contributor may establish an account by making an initial contribution to the ABLE Program Trust, signing an application form approved by the Board or its designee, and naming the designated beneficiary. If the contributor is not the account owner, the account owner or the account owner's parent, guardian, trustee, or agent shall also sign the application form."
…
(d) Limitations. – The Board, in administering the ABLE Program Trust, shall ensure each of the following:
…
(9) A trustee parent,
trustee, or guardian appointed as a signatory of an ABLE account does not
have or acquire any beneficial interest in the account and administers the
account for the benefit of the designated beneficiary."
SECTION 3.3. Section 11F.9 of S.L. 2017‑57 reads as rewritten:
"SECTION 11F.9.(a) Of
the funds appropriated to the Department of Health and Human Services, Division
of Mental Health, Developmental Disabilities, and Substance Abuse Services, the
sum of one hundred fifty thousand dollars ($150,000) in nonrecurring funds for
the 2017‑2018 fiscal year and the sum of three hundred thousand dollars
($300,000) in nonrecurring funds for the 2018‑2019 fiscal year shall be
used to develop and implement an adult and pediatric traumatic brain injury
pilot program. The Department of Health and Human Services, Division of
Mental Health, Developmental Disabilities, and Substance Abuse Services, shall establish
an adult and pediatric traumatic brain injury pilot program, to be conducted at
not less than three and not more than five trauma hospitals licensed in this
State. The purpose of the pilot program is to increase compliance with
internationally approved evidence‑based treatment guidelines for severe
adult and pediatric traumatic brain injury in order to reduce patient
mortality, improve patient level of recovery, and reduce long‑term care
costs.
"SECTION 11F.9.(b)
The Department of Health and Human Services shall establish up to three program
sites to implement the adult and pediatric traumatic brain injury pilot program
authorized by this section, all of which shall be trauma hospitals. Each
program site shall be awarded up to one hundred thousand dollars ($100,000) for
the development and implementation of an interactive quality assessment and
quality assurance clinical decision support tool to provide real‑time,
evidence‑based medical care guidance for intensive care unit patients
with severe adult or pediatric traumatic brain injury.
"SECTION 11F.9.(c)(b)
The Department of Health and Human Services shall contract with a private
entity to assist participating trauma hospitals in implementing the tool
described in subsection (b) of this section. Of the funds appropriated in
this act to the Department of Health and Human Services, Division of Mental
Health, Developmental Disabilities, and Substance Abuse Services, the sum of
one hundred fifty thousand dollars ($150,000) in nonrecurring funds for the
2017‑2018 fiscal year and the sum of three hundred thousand dollars
($300,000) in nonrecurring funds for the 2018‑2019 fiscal year shall be
used to enter into a contract with an independent entity to operate the pilot
program authorized by this section. In so doing, the Department of Health and
Human Services, Division of Mental Health, Developmental Disabilities, and
Substance Abuse Services, shall select an independent entity that has (i) developed
software for an interactive quality assessment and quality assurance clinical
decision support tool that provides real‑time, evidence‑based
medical care guidance for intensive care unit patients with severe adult or
pediatric traumatic brain injury and (ii) prior experience assisting trauma
hospitals in other states in implementing this software. In consideration for
payments made to the independent entity under the contract, the independent
entity shall assume responsibility for all of the following:
(1) Initiating and operating the pilot program, including the selection of not less than three and not more than five trauma hospitals licensed in this State to serve as pilot program sites.
(2) Assisting participating trauma hospitals in
implementing the software developed by the independent entity for use as an interactive
quality assessment and quality assurance clinical decision support tool to
provide real‑time, evidence‑based medical care guidance for
intensive care unit patients with severe adult or pediatric traumatic brain
injury. In providing such implementation assistance, the private independent
entity shall utilize the treatment guidelines and practice recommendations
that have been peer reviewed and approved by the American Association of
Neurological Surgeons and are recognized as the current standard of care for
individuals with severe traumatic brain injury.
"SECTION 11F.9.(d)(c)
By February 1, 2018, the Department of Health and Human Services shall submit a
progress report on the development and implementation of the pilot program
authorized by this section to the Joint Legislative Oversight Committee on
Health and Human Services and the Fiscal Research Division.
"SECTION 11F.9.(e)(d)
By January 7, 2019, the Department of Health and Human Services shall submit a
final report of the pilot program authorized by this section to the Joint
Legislative Oversight Committee on Health and Human Services and the Fiscal
Research Division. At a minimum, the final report shall include all of the
following:
(1) The number and outcome of patients served at each program site, broken down by patient age and county of origin.
(2) A breakdown of expenditures at each program site by type of service.
(2) An estimate of the cost to expand the program incrementally and statewide.
(3) An estimate of any potential savings of State funds associated with expansion of the program.
(4) If expansion of the program is recommended, a time line for expanding the program."
SECTION 3.4. Part XI of S.L. 2017‑57 is amended by adding a new section to read:
"FUNDS FOR THE TOWN OF BOLTON
"SECTION 11D.3A. Notwithstanding any other provision of law or descriptive language to the contrary in the Committee Report described in Section 39.2 of this act, nonrecurring funds appropriated in this act to the Department of Health and Human Services, Division of Aging and Adult Services, for the 2017‑2018 fiscal year for allocation to the Bolton Senior Center shall instead be allocated to the Town of Bolton."
PART IV. AGRICULTURE AND NATURAL AND ECONOMIC RESOURCES
SECTION 4.1. Section 15.9A of S.L. 2017‑57 reads as rewritten:
"SECTION 15.9A. The
funds appropriated in this act to the Department of Commerce as a grant‑in‑aid
to the Town of Haw River shall be used to provide grants, loans, or both for
a historic mill renovation project. In addition to the provisions governing
reporting, oversight, and administration of grant funds contained in
G.S. 143C‑6‑23, the Town of Haw River shall enter into an
agreement with any subgrantee entity receiving funds.funds
(recipient). The agreement shall contain, at a minimum, (i) a provision
that funds received under the agreement may be used only for mill
rehabilitation purposes, (ii) a provision allowing the Town of Haw River to
inspect all records of the subgrantee recipient that may be used
to confirm compliance with the agreement, (iii) a provision establishing
methods for determining compliance with the agreement, and (iv) a provision
requiring recapture or repayment of all grant funds if the subgrantee
recipient fails to comply with the terms of the agreement. In the
event of a violation of the agreement, the Town of Haw River shall take action
to recapture all grantrecoup all funds. The Town may retain up
to twenty percent (20%) of the funds described in this section for the historic
mill renovation project for infrastructure improvements necessary for and
directly related to the project. For purposes of this section, the phrase "infrastructure
improvements" is defined as street improvements, site improvements,
including site utilities, sidewalks, parking, hardscape products, costs for
demolition, engineering, and architecture, and fixtures for any spaces in the
historic mill renovation project leased and used by the Town. The Commerce
Finance Center shall, in cooperation with the Town of Haw River, conduct an
annual review of the mill restoration project and shall submit a report to the
Joint Legislative Oversight Committee on Agriculture and Natural and Economic
Resources and the Fiscal Research Division on April 1 each year beginning April
1, 2021, until project completion."
SECTION 4.2. Section 13.22 of S.L. 2017‑57, as amended by Section 4.2 of S.L. 2017‑197, reads as rewritten:
"SECTION 13.22.(a) The following allocations are made from funds appropriated by this act to the Division of Water Infrastructure of the Department of Environmental Quality for water and sewer infrastructure grants:
…
(4) The sum of one hundred
thousand dollars ($100,000) for the 2017‑2018 fiscal year to Davidson
County for the Wil‑Cox bridge sewer expansion.to be allocated
as follows:
a. Fifty thousand dollars ($50,000) for a sewer project.
b. Notwithstanding any other provision of this section or Chapter 159G of the General Statutes to the contrary, fifty thousand dollars ($50,000) for preservation and restoration work on the Wil‑Cox bridge.
…."
SECTION 4.3. Section 15.14B(c) of S.L. 2014‑100 reads as rewritten:
"SECTION 15.14B.(c) This
section becomes effective January 1, 2015, and expires July 1, 2020.2015.
The Secretary shall not award a grant for any qualifying expenses for which a
taxpayer receives a tax credit under G.S. 105‑130.47 or
G.S. 105‑151.29."
SECTION 4.4. Section 10.24 of S.L. 2017‑57 reads as rewritten:
"…
"SECTION 10.24.(e) The Committee shall develop a business plan for the Food Processing Research Center at the North Carolina Research Campus (Center) to implement. The business plan required by this subsection shall include processes for designing and marketing the Center. Of the funds appropriated in this act to North Carolina State University for the Center, the University shall allocate not more than the sum of one hundred thousand dollars ($100,000) in nonrecurring funds for the 2017‑2018 fiscal year to the Committee to cover costs incurred by the Committee in developing a business plan required under this subsection. The business plan required under this subsection shall ensure all of the following:
(1) The financial stability for the Center, including sources and uses for funds to operate the facility and maintain equipment for the Center.
(2) The creation and implementation of revenue models that can be used to support the expenses of the facility with the goal of positioning the facility to ultimately cease to need State funds for continued operations.
(3) The creation and implementation of policies that protect the State's investment in the initiative and provide for a return to the taxpayers by increasing job opportunities, private sector investment, and increased markets for value‑added agricultural products.
(4) Any other provision the Committee deems necessary to carry out the intent and accomplish the goals established in this section.
Upon completion of the business plan required under this subsection, the Committee shall submit the business plan to the University.
"SECTION 10.24.(f) No less than 30 days prior to expending or encumbering any other funds provided in this act to the University for the Center, the University shall submit the business plan required under subsection (e) of this section to the Joint Legislative Commission on Government Operations. The business plan required under subsection (e) of this section is binding, and the University shall not deviate from the plan without having the plan amended by the Committee, which may adopt amendments by a majority vote.
…."
SECTION 4.5.(a) Of the funds appropriated in S.L. 2017‑57 to the Wildlife Resources Commission, an additional fifty thousand dollars ($50,000) in recurring funds is allocated to the Outdoor Heritage Advisory Council to provide support for the operation of the Council, including the salaries and benefits of Council personnel.
SECTION 4.5.(b) Part 36 of Article 7 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑344.62. Outdoor Heritage Advisory Council – executive director; staff.
The Council may, subject to appropriations or other funds that accrue to it, employ an executive director to carry out the day‑to‑day responsibilities and business of the Council. The executive director shall serve at the pleasure of the Council. The executive director, also subject to appropriations or other funds that accrue to the Council, may hire additional staff and consultants to assist in the discharge of the executive director's responsibilities, as determined by the Council."
SECTION 4.6.(a) G.S. 97‑2(2) reads as rewritten:
"(2) Employee. – The term "employee" means every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed, but excluding persons whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer, and as relating to those so employed by the State, the term "employee" shall include all officers and employees of the State, including such as are elected by the people, or by the General Assembly, or appointed by the Governor to serve on a per diem, part‑time or fee basis, either with or without the confirmation of the Senate; as relating to municipal corporations and political subdivisions of the State, the term "employee" shall include all officers and employees thereof, including such as are elected by the people. The term "employee" shall include members of the North Carolina National Guard while on State active duty under orders of the Governor and members of the North Carolina State Defense Militia while on State active duty under orders of the Governor. The term "employee" shall include deputy sheriffs and all persons acting in the capacity of deputy sheriffs, whether appointed by the sheriff or by the governing body of the county and whether serving on a fee basis or on a salary basis, or whether deputy sheriffs serving upon a full‑time basis or a part‑time basis, and including deputy sheriffs appointed to serve in an emergency, but as to those so appointed, only during the continuation of the emergency. The sheriff shall furnish to the board of county commissioners a complete list of all deputy sheriffs named or appointed by him immediately after their appointment and notify the board of commissioners of any changes made therein promptly after such changes are made. Any reference to an employee who has been injured shall, when the employee is dead, include also the employee's legal representative, dependents, and other persons to whom compensation may be payable: Provided, further, that any employee, as herein defined, of a municipality, county, or of the State of North Carolina, while engaged in the discharge of the employee's official duty outside the jurisdictional or territorial limits of the municipality, county, or the State of North Carolina and while acting pursuant to authorization or instruction from any superior officer, shall have the same rights under this Article as if such duty or activity were performed within the territorial boundary limits of their employer.
Except as otherwise provided herein, every executive officer elected or appointed and empowered in accordance with the charter and bylaws of a corporation shall be considered as an employee of such corporation under this Article.
Any such executive officer of a corporation may, notwithstanding any other provision of this Article, be exempt from the coverage of the corporation's insurance contract by such corporation's specifically excluding such executive officer in such contract of insurance, and the exclusion to remove such executive officer from the coverage shall continue for the period such contract of insurance is in effect, and during such period such executive officers thus exempted from the coverage of the insurance contract shall not be employees of such corporation under this Article.
All county agricultural extension service employees who do not receive official federal appointments as employees of the United States Department of Agriculture and who are field faculty members with professional rank as designated in the memorandum of understanding between the North Carolina Agricultural Extension Service, North Carolina State University, A & T State University, and the boards of county commissioners shall be deemed to be employees of the State of North Carolina. All other county agricultural extension service employees paid from State or county funds shall be deemed to be employees of the county board of commissioners in the county in which the employee is employed for purposes of workers' compensation.
The term "employee" shall also include members of the Civil Air Patrol currently certified pursuant to G.S. 143B‑1031(a) when performing duties in the course and scope of a State‑approved mission pursuant to Subpart C of Part 5 of Article 13 of Chapter 143B of the General Statutes.
"Employee" shall not include any person performing voluntary service as a ski patrolman who receives no compensation for such services other than meals or lodging or the use of ski tow or ski lift facilities or any combination thereof.
"Employee" shall not include any person elected or appointed and empowered as an executive officer, director, or committee member under the charter, articles, or bylaws of a nonprofit corporation subject to Chapter 47A, 47C, 47F, 55A, or 59B of the General Statutes, or any organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, who performs only voluntary service for the nonprofit corporation, provided that the person receives no remuneration for the voluntary service other than reasonable reimbursement for expenses incurred in connection with the voluntary service. When a nonprofit corporation as described herein employs one or more persons who do receive remuneration other than reasonable reimbursement for expenses, then any volunteer officers, directors, or committee members excluded from the definition of "employee" by operation of this paragraph shall be counted as employees for the sole purpose of determining the number of persons regularly employed in the same business or establishment pursuant to G.S. 97‑2(1). Other than for the limited purpose of determining the number of persons regularly employed in the same business or establishment, such volunteer nonprofit officers, directors, or committee members shall not be "employees" under the Act. Nothing herein shall prohibit a nonprofit corporation as described herein from voluntarily electing to provide for workers' compensation benefits in the manner provided in G.S. 97‑93 for volunteer officers, directors, or committee members excluded from the definition of "employee" by operation of this paragraph. This paragraph shall not apply to any volunteer firefighter, volunteer member of an organized rescue squad, an authorized pickup firefighter when that individual is engaged in emergency fire suppression activities for the North Carolina Forest Service, a duly appointed and sworn member of an auxiliary police department organized pursuant to G.S. 160A‑282, or a senior member of the State Civil Air Patrol functioning under Subpart C of Part 5 of Article 13 of Chapter 143B of the General Statutes, even if such person is elected or appointed and empowered as an executive officer, director, or committee member under the charter, articles, or bylaws of a nonprofit corporation as described herein.
Any sole proprietor or partner of a business or any member of a limited liability company may elect to be included as an employee under the workers' compensation coverage of such business if he is actively engaged in the operation of the business and if the insurer is notified of his election to be so included. Any such sole proprietor or partner or member of a limited liability company shall, upon such election, be entitled to employee benefits and be subject to employee responsibilities prescribed in this Article.
"Employee" shall include an authorized pickup firefighter of the North Carolina Forest Service of the Department of Agriculture and Consumer Services when that individual is engaged in emergency fire suppression activities for the North Carolina Forest Service. As used in this section, "authorized pickup firefighter" means an individual who has completed required fire suppression training as a wildland firefighter and who is available as needed by the North Carolina Forest Service for emergency fire suppression activities, including immediate dispatch to wildfires and standby for initial attack on fires during periods of high fire danger.
It
shall be a rebuttable presumption that the term "employee" shall not
include any person performing services in the sale of newspapers or magazines
to ultimate consumers under an arrangement whereby the newspapers or magazines
are to be sold by that person at a fixed price and the person's compensation is
based on the retention of the excess of the fixed price over the amount at
which the newspapers or magazines are charged to the person."
SECTION 4.6.(b) This section becomes effective January 1, 2018.
SECTION 4.7.(a) Section 15.8(a) of S.L. 2017‑57, as amended by Section 4.8(a) of S.L. 2017‑197, reads as rewritten:
"SECTION 15.8.(a) Of
the funds appropriated in this act to the Rural Economic Development Division
of the Department of Commerce, the sum of five million eight seven hundred
seventy‑five thousand dollars ($5,875,000)($5,775,000) in
nonrecurring funds for the 2017‑2018 fiscal year shall be used to provide
grants‑in‑aid for downtown revitalization projects for each of the
following counties and municipalities in the following amounts:
…
(7) One hundred thousand
dollars ($100,000) each to the City of Archdale, the City of Asheboro, the
Village of Clemmons, the unincorporated community of Cliffside in Rutherford
County, the Town of Emerald Isle, the City of Hendersonville, the City of
Kannapolis, the Town of Kernersville, the City of Lumberton, the Town of
Oakboro, the Town of Old Fort, the Town of Pembroke, the City of Randleman, the
City of Roxboro, the City of Trinity, and the Town of Troy, and the
Town of Yadkinville.Troy.
…."
SECTION 4.7.(b) Section 15.8 of S.L. 2017‑57 is amended by adding new subsections to read:
"SECTION 15.8.(f) Of the funds appropriated in this act to the Rural Economic Development Division of the Department of Commerce, the sum of twenty‑five thousand dollars ($25,000) in nonrecurring funds for the 2017‑2018 fiscal year shall be used to provide a grant‑in‑aid to the Town of Dover to be used for parks and recreation projects.
"SECTION 15.8.(g) Notwithstanding G.S. 143B‑472.127, of the funds appropriated in this act to the Rural Economic Development Division of the Department of Commerce, the sum of seventy‑five thousand dollars ($75,000) in nonrecurring funds for the 2017‑2018 fiscal year shall be used to provide a grant‑in‑aid to Lincoln County for the Voice Interoperability Plan for Emergency Responders network."
SECTION 4.8.(a) G.S. 143B‑293.2(a1) reads as rewritten:
"(a1) Members Selection. – The North Carolina Oil and Gas Commission shall consist of nine members appointed as follows:
…
(3) One appointed by the
General Assembly upon recommendation of the Speaker of the House of
Representatives in conformance with G.S. 120‑121, who is a representativemember
of a nongovernmental conservation interest.
…
(5) One appointed by the
General Assembly upon recommendation of the President Pro Tempore of the Senate
in conformance with G.S. 120‑121, who is a representativemember
of a nongovernmental conservation interest.
…."
SECTION 4.8.(b) This section applies to appointments made on or after the effective date of this act.
SECTION 4.9. Section 14.19 of S.L. 2017‑57 reads as rewritten:
"SECTION 14.19. Of the
funds appropriated by this act to the Division of North Carolina Aquariums in
the North Carolina Department of Natural and Cultural Resources, the sum of
three hundred thousand dollars ($300,000) in nonrecurring funds for the 2017‑2018
fiscal year is allocated for planning and permitting of Blake Farms
satellite aquarium area in Scotts Hill, North Carolina, and the Division is
authorized to expend funds for this purpose.to engage architects and
other program consultants to (i) collaborate with Blake Farms to design and
permit the building housing the satellite aquarium area and (ii) produce
schematic, design, and final construction documents for the satellite aquarium
area."
SECTION 4.10.(a) Section 37.2(e) of S.L. 2016‑94, as amended by Section 36.3(g) of S.L. 2017‑57, reads as rewritten:
"SECTION 37.2.(e) Notwithstanding any provision of law to the contrary, funds appropriated for a water resources development project shall be used to provide no more than fifty percent (50%) of the nonfederal portion of funds for the project. This subsection applies to funds appropriated in this act and to funds appropriated prior to the 2015‑2017 fiscal biennium that are unencumbered and proposed for reallocation to provide the nonfederal portion of funds for water resources development projects. The limitation on fund usage contained in this subsection applies only to projects in which a local government or local governments participate. This subsection shall not apply to, and there shall be no local match required for, any of the following, notwithstanding any other provision of law:
(1) The Environmental Quality
Incentives Program. Furthermore, Section 36.3(e) of S.L. 2013‑360,
Section 36.2(e) of S.L. 2014‑100, and Section 31.3(e) of S.L. 2015‑241
shall not apply to funds made available as part of the Environmental Quality
Incentives Program in any fiscal year. Any Funds appropriated during the
2015‑2017 biennium and any remaining balance of funds appropriated
prior to the 2015‑2017 fiscal biennium for Environmental Quality
Incentives Program projects shall be paid out to each of the original grantees
for the full grant award amount, except that the Secretary may retain ten
percent (10%) of the State share of funding until the Natural Resources Conservation
Service of the United States Department of Agriculture has provided a final
practice approval for the project.
…."
SECTION 4.10.(b) G.S. 143‑215.72(d) reads as rewritten:
"(d) The following procedures apply only to grants for the purpose set forth in G.S. 143‑215.71(8):
(1) A nongovernmental entity managing, administering, or executing the grant on behalf of a unit of local government may apply as a co‑applicant for the grant and may be included as a responsible party on any required resolution issued by the unit of local government.
(2) The Upon request
signed by the grant applicant and co‑applicant, the Department may
shall make periodic payments to the co‑applicant for
its share of nonfederal costs of a project prior to receipt of a final practice
approval from the Natural Resources Conservation Service if the grantee has
submitted a certified reimbursement request or invoice."
PART V. JUSTICE AND PUBLIC SAFETY
SECTION 5.1. G.S. 97‑13 is amended by adding a new subsection to read:
"(c1) Certain Inmates. – Notwithstanding the thirty dollars ($30.00) per week limit in subsection (c) of this section, the average weekly wage of inmates employed pursuant to the Prison Industry Enhancement Program shall be calculated pursuant to G.S. 97‑2(5)."
SECTION 5.2.(a) G.S. 114‑2(1) reads as rewritten:
"(1) To defend all actions in the appellate division in which the State shall be interested, or a party, and to appear for the State in any other court or tribunal in any cause or matter, civil or criminal, in which the State may be a party or interested. The duty to represent the State in criminal appeals shall not be delegated to any district attorney's office or any other entity."
SECTION 5.2.(b) G.S. 7A‑61 reads as rewritten:
"§ 7A‑61. Duties of district attorney.
The district attorney shall prepare
the trial dockets, prosecute in a timely manner in the name of the State all
criminal actions and infractions requiring prosecution in the superior and
district courts of histhe district attorney's prosecutorial district,district
and advise the officers of justice in histhe district attorney's district.district,
and perform such duties related to appeals to the Appellate Division from his
district as the Attorney General may require. Effective January 1, 1971, the
The district attorney shall also represent the State in juvenile cases
in the superior and district courts in which the juvenile is represented by
an attorney. The district attorney shall provide to the Attorney General any
case files, records and additional information necessary for the Attorney
General to conduct appeals to the Appellate Division for cases from the
district attorney's prosecutorial district. The Attorney General shall not
delegate to the district attorney, or any other entity, the duty to represent
the State in criminal and juvenile appeals. Each district attorney shall
devote his full time to the duties of his office and shall not engage in the
private practice of law."
SECTION 5.2.(c) This section is effective July 1, 2017. It shall be the obligation of the Attorney General to work with each District Attorney to ensure that all criminal appeals delegated on or after July 1, 2017, to a District Attorney's office shall be properly returned to the Attorney General's office. Notwithstanding the previous two sentences, actions taken by the office of a District Attorney related to a criminal appeal delegated to that office on or after July 1, 2017, shall be deemed to have been taken with full legal authority to act on behalf of the State.
SECTION 5.3. Part XVII of S.L. 2017‑57 is amended by adding a new section to read:
"DWI MISDEMEANOR CLARIFICATIONS/EXPERT TESTIMONY REVISIONS
"SECTION 17.8.(a) G.S. 15‑1 reads as rewritten:
"§ 15‑1. Statute of limitations for misdemeanors.
The crimes of deceit and malicious
mischief, and the crime of petit larceny where the value of the property does
not exceed five dollars ($5.00), and all misdemeanors except malicious
misdemeanors, shall be presented or found by the grand jury charged within
two years after the commission of the same, and not afterwards: Provided, that
if any indictment found within that time pleading shall be
defective, so that no judgment can be given thereon, another prosecution may be
instituted for the same offense, within one year after the first shall have
been abandoned by the State.""
"SECTION 17.8.(b) G.S. 8C‑1, Rule 702(a1), reads as rewritten:
"Rule 702. Testimony by experts.
…
(a1) A witness, qualified
under subsection (a) of this section and with proper foundation, Notwithstanding
any other provision of law, a witness may give expert testimony solely on
the issue of impairment and not on the issue of specific alcohol concentration
level relating to the following:
(1) The results of a Horizontal Gaze Nystagmus (HGN) Test when the test is administered in accordance with the person's training by a person who has successfully completed training in HGN.
(2) Whether a person was
under the influence of one or more impairing substances, and the category of
such impairing substance or substances. A witness who has received training
and substances, if the witness holds a current certification as a
Drug Recognition Expert, issued by the State Department of Health and Human Services,
shall be qualified to give the testimony under this subdivision.Services."
"SECTION 17.8.(c) Subsection (a) of this section becomes effective December 1, 2017, and applies to offenses committed on or after that date. The remainder of the section is effective when it becomes law.""
PART VI. TRANSPORTATION
SECTION 6.1. Section 34.28A(b) of S.L. 2017‑57 reads as rewritten:
"SECTION 34.28A.(b)
Submission of Analysis. – The Departments shall jointly submit the findings of
the analysis required under subsection (a) of this section, including any
legislative recommendations, to the Joint Legislative Transportation Oversight
Committee and the Joint Legislative Oversight Committee on Agriculture and
Natural and Economic Resources by FebruaryApril 1, 2018."
SECTION 6.2. Section 34.29 of S.L. 2017‑57 reads as rewritten:
"SECTION 34.29. The
Department of Transportation shall study the use of its new dredge vessel, the
Dredge Manteo. As part of this study, the Department shall include (i) an
approximation of the annual cost to the State to operate and maintain the
dredge vessel and (ii) a plan to allow use of the dredge vessel by other State
departments and agencies. The Department shall report its findings, including
any recommended legislation, to the Joint Legislative Transportation Oversight
Committee by December 1, 2017.April 1, 2018."
PART VII. finance
SECTION 7.1.(a) G.S. 105‑244.4(a), as enacted by S.L. 2017‑204, reads as rewritten:
"(a) Reduction – The Secretary may reduce an assessment against a taxpayer who requests relief for State and local sales and use taxes in the amount as provided in this section and waive any penalties imposed as part of the assessment when the assessment is the result of an audit of the taxpayer by the Department and all of the following apply:
…
(5) The taxpayer meets one of the following:
a. The taxpayer received a proposed assessment dated
on or before August 15, 2017, did not file a request for review, paid the tax
due, and files a written request with the Secretary no later than 120
days following the receipt of a proposed assessment on or before
December 29, 2017, to request the amount of sales or use taxes be reduced
as provided in this section citing the specific reasons therefor.
b. The taxpayer received a proposed assessment dated on or before September 30, 2017, timely filed a request for review, and files a written request with the Secretary on or before December 29, 2017, to request the amount of sales or use taxes be reduced as provided in this section citing the specific reasons therefor. The Department does not need to take further action on the taxpayer's request for review unless the taxpayer states in writing, when filing a request for reduction under this section, that the reduction does not resolve the taxpayer's objection to the proposed assessment and that the taxpayer wishes to continue the Departmental review.
c. A The taxpayer who does not agree
with a proposed assessment must also file receives a proposed assessment
after September 30, 2017, and timely files a request for review within
120 days of the date of the notice of proposed assessment as provided in
G.S. 105‑241.11 in order for a request to reduce the amount of
tax as allowed by this section to be considered by the Secretary.and
files a written request with the Secretary no later than 45 days from the date
of the notice of the proposed assessment to request the amount of sales or use taxes
be reduced as provided in this section citing the specific reasons therefor."
SECTION 7.1.(b) This section becomes effective August 11, 2017.
SECTION 7.2.(a) Section 38.8(a) of S.L. 2017‑57 reads as rewritten:
"SECTION 38.8.(a)
Article 5F of Chapter 105 of the General Statutes, G.S. 105‑164.13(5a),
and G.S. 105‑163.13(57a)G.S. 105‑164.13(57a)
are repealed."
SECTION 7.2.(b) This section is effective when it becomes law and applies retroactively to sales made on or after July 1, 2017.
part viii. agency technical corrections
SECTION 8.1. G.S. 18B‑1114.1, as amended by Section 18 of S.L. 2017‑87 and by Section 19 of S.L. 2017‑108, reads as rewritten:
"§ 18B‑1114.1. Authorization of winery special event permit.
(a) Authorization. – The
holder of an unfortified winery permit, a limited winery permit, a
viticulture/enology course authorization, or a wine producer permit may obtain
a winery special permit allowing the winery or wine producer to give free
tastings of its wine, and to sell its wine by the glass or in closed
containers, at trade shows, conventions, shopping malls, wine festivals, street
festivals, holiday festivals, agricultural festivals, farmers markets, balloon
races, local fund‑raisers, farmers markets, and other similar
events approved by the Commission.
(b) Limitation. – A winery special event permit is valid only in a jurisdiction that has approved the establishment of ABC stores or has approved the sale of unfortified wine."
SECTION 8.2. G.S. 28A‑2B‑2 reads as rewritten:
"§ 28A‑2B‑2. Venue.
The venue for a petition under
G.S. 28A‑2B‑1 is the county of this State in which the
petitioner whose will or codicil is the subject of the petition is
domiciled.resides."
SECTION 8.3. G.S. 28A‑21‑2, as amended by Section 10 of S.L. 2017‑158, reads as rewritten:
"§ 28A‑21‑2. Final accounts.
(a) Unless the time for
filing the final account has been extended by the clerk of superior court, the
personal representative or collector must file the final account for settlement
within one year after qualifying or within six months after receiving a State
estate or inheritance tax release, or in the time period for filing an annual
account pursuant to G.S. 28A‑21‑1, whichever is later. If
no estate or inheritance tax return was required to be filed for the estate,
the personal representative or collector shall so certify in the final account
filed with the clerk of superior court. Such certification shall list the
amount and value of all of the decedent's property, and with respect to real
estate, its particular location within or outside the State, including any
property transferred by the decedent over which the decedent had retained any
interest, or any property transferred within three years prior to the date of
the decedent's death, and after being filed and accepted by the clerk of
superior court shall be prima facie evidence that such property is free of any
State inheritance or State estate tax liability. The personal representative or
collector shall produce vouchers for all payments or verified proof for all
payments in lieu of vouchers. With the approval of the clerk of superior court,
such account may be filed voluntarily at any time. In all cases, the accounting
shall be reviewed, audited and recorded by the clerk of superior court in the
manner prescribed in G.S. 28A‑21‑1.
(a1) If no estate or inheritance tax return was required to be filed for the estate, the personal representative or collector shall so certify in the final account filed with the clerk of superior court. Such certification shall list the amount and value of all of the decedent's property and, with respect to real estate, its particular location within or outside the State, including any property transferred by the decedent over which the decedent had retained any interest, or any property transferred within three years prior to the date of the decedent's death, and, after being filed and accepted by the clerk of superior court, shall be prima facie evidence that such property is free from any State inheritance or State estate tax liability. This subsection only applies to estates of decedents who died before January 1, 2013.
(a2) The personal representative or collector shall produce vouchers for all payments or verified proof for all payments in lieu of vouchers. With the approval of the clerk of superior court, such account may be filed voluntarily at any time. In all cases, the accounting shall be reviewed, audited, and recorded by the clerk of superior court in the manner prescribed by G.S. 28A‑21‑1.
(b) Except as provided in subsection (a), after the date specified in the general notice to creditors as provided for in G.S. 28A‑14‑1, if all of the debts and other claims against the estate of the decedent duly presented and legally owing have been paid in the case of a solvent estate or satisfied pro rata according to applicable statutes in the case of an insolvent estate, the personal representative or collector may file the personal representative's or collector's final account to be reviewed, audited and recorded by the clerk of superior court. Nothing in this subsection shall be construed as limiting the right of the surviving spouse or minor children to file for allowances under G.S. 30‑15 through 30‑18 and the right of a surviving spouse to file for property rights under G.S. 29‑30."
SECTION 8.4.(a) G.S. 31D‑5‑505, as recodified by Section 13(b) of S.L. 2017‑102, reads as rewritten:
"§ 31D‑5‑505.
Requisites of release or limitation as against creditors and purchasers
for value.
No release or limitation of
a power of appointment after March 8, 1943, which is made by the owner of the
legal title to real property in this State shall be valid as against creditors
and purchasers for a valuable consideration until an instrument in writing
setting forth the release or limitation is executed and acknowledged in
the manner required for a deed and recorded in the county where the real
property is."
SECTION 8.4.(b) The Revisor of Statutes shall cause to be printed all explanatory comments of the drafters of this section, as the Revisor may deem appropriate.
SECTION 8.5.(a) G.S. 36C‑5‑505 reads as rewritten:
"§ 36C‑5‑505. Creditor's claim against settlor.
…
(c) Subject to the Uniform Voidable Transactions Act, Article 3A of Chapter 39 of the General Statutes, for purposes of this section, property contributed to the following trusts is not considered to have been contributed by the settlor and a person who would otherwise be treated as a settlor or a deemed settlor of the following trusts may not be treated as a settlor:
(1) If the settlor is a beneficiary after the death of the settlor's spouse:
a. An irrevocable inter vivos marital trust that is treated as a general power of appointment trust described in section 2523(e) of the Internal Revenue Code.
b. An irrevocable inter vivos marital trust that is treated as a qualified terminable interest trust under section 2523(f) of the Internal Revenue Code.
c. An irrevocable inter
vivos trust of which the settlor's spouse is a beneficiary during the spouse's
lifetime but which does not qualify for the federal gift tax marital deduction,
and during the lifetime of the settlor's spouse (i) the settlor's spouse is the
only beneficiary or (ii) the settlor's spouse and the settlor's issue any
issue of the settlor or the settlor's spouse, or both, are the only
beneficiaries.
d. Another trust, to the extent that the property of the other trust is attributable to property passing from a trust described in sub‑subdivisions a., b., and c. of this subdivision.
For purposes of this subdivision, notwithstanding the provisions of G.S. 36C‑1‑103(3), the settlor is a beneficiary whether so named under the initial trust instrument or through the exercise of a limited or general power of appointment.
(2) An irrevocable inter vivos trust for the benefit of a person if the settlor is the person's spouse, regardless of whether or when that person was a settlor of an irrevocable inter vivos trust for the benefit of the person's spouse.
For purposes of this subsection, the "settlor's spouse" refers to the person to whom the settlor was married at the time the irrevocable inter vivos trust was created, notwithstanding a subsequent dissolution of the marriage."
SECTION 8.5.(b) The Revisor of Statutes shall cause to be printed all explanatory comments of the drafters of this section, as the Revisor may deem appropriate.
SECTION 8.6. G.S. 42A‑37(a) reads as rewritten:
"(a) Any member of the
Armed Forces of the United States who executes a vacation rental agreement and
subsequently receives (i) an order for deployment with a military unit for a
period overlapping with the rental period or (ii) permanent change of station
orders requiring the member to relocate on a date prior to the beginning of the
lease term may terminate the member's vacation rental agreement by providing
the landlord or landlord's agent with a written notice of termination within 10
calendar days of receipt of the order. The notice must be accompanied by either
a copy of the official military orders or a written verification signed by the
member's commanding officer. Termination of a lease pursuant to this subsection
is effective immediately upon receipt of the notice by the landlord or
landlord's agent. All monies paid by the terminating member, with the exception
of nonrefundable fees paid to third parties as described in G.S. 42‑16(a),
G.S. 42A‑16, in connection with the vacation rental
agreement shall be refunded to the member within 30 days of termination of the
agreement."
SECTION 8.7.(a) G.S. 57D‑1‑03, as amended by Section 4 of S.L. 2017‑90, reads as rewritten:
"§ 57D‑1‑03. Definitions.
In this Chapter unless otherwise
specifically provided: Unless otherwise
specifically provided, the following definitions apply in this Chapter:
…
(33b)(32b) Service‑disabled
veteran‑owned small business. – A business that satisfies both of the
following requirements:
a. The business's net annual receipts do not exceed one million dollars ($1,000,000).
b. One or more service‑disabled veterans own more than fifty percent (50%) of the business."
SECTION 8.7.(b) This section becomes effective January 1, 2018.
SECTION 8.8.(a) G.S. 90‑92(a) reads as rewritten:
"(a) This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a low potential for abuse relative to the substances listed in Schedule III of this Article; currently accepted medical use in the United States; and limited physical or pyschological dependence relative to the substances listed in Schedule III of this Article. The following controlled substances are included in this schedule:
…
(5) Narcotic Drugs. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
a. Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
b. Buprenorphine.
c. 2‑[(dimethylamino)methyl]‑1‑(3‑methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers (including tramadol)."
SECTION 8.8.(b) The sub‑subdivision c. added to G.S. 90‑92(a)(5) by Section 6 of S.L. 2017‑115 is repealed.
SECTION 8.8.(c) This section becomes effective December 1, 2017, and subsection (a) of this section applies to offenses committed on or after that date.
SECTION 8.9.(a) G.S. 135‑7(g)(2), as enacted by Section 5(a) of S.L. 2017‑129, reads as rewritten:
"(2) Funding of the LEIA.
– In the event that the General Assembly creates or modifies any provision for
the retirement of, or payment of retirement benefits to, public officers or
public employees that has a cost savings as measured by actuarial note required
by Article 15 of Chapter 120 of the General Statutes, the Board of Trustees may
direct up to one hundredth percent (0.01%) of the required contributions to
fund the LEIA. These funds must be deposited in a separate fund from the fund
into which regular employer contributions are deposited for the Retirement
System. The Board of Trustee Trustees shall not direct any
employer contributions into the LEIA after November 1, 2021."
SECTION 8.9.(b) This section becomes effective October 1, 2017.
SECTION 8.10. G.S. 143‑47.7 reads as rewritten:
"§ 143‑47.7. Notice and record of appointment required.
(a) Within 30 days after
acceptance of appointment by a person appointed to public office, the
appointing authority shall file written notice of the appointment with the
Governor, the Secretary of State, the Legislative Library, the State
Library, the State Ethics Commission, and the State Controller. For the
purposes of this section, a copy of the letter from the appointing authority, a
copy of the properly executed notice of appointment as set forth in subsection
(c) of this section, or a copy of the properly executed Commission of
Appointment shall be sufficient to be filed if the copy contains the
information required in subsection (b) of this section.
(b) The notice required by this Article shall contain the following information:
(1) The name and office of the appointing authority;
(2) The public office to which the appointment is made;
(3) The name and address of the appointee;
(4) The county of residence of the appointee;
(5) The citation to the law or other authority authorizing the appointment;
(6) The specific statutory qualification for the public office to which the appointment is made, if applicable;
(7) The name of the person the appointee replaces, if applicable;
(8) The date the term of the appointment begins; and
(9) The date the term of the appointment ends.
(c) The following form may be used to comply with the requirements of this section:
"NOTICE OF APPOINTMENT
Notice is given that _________ is hereby appointed to the following
Name
public office:
Public Office: _________________________________________________________________
Citation to Law or Other Authority Authorizing the Appointment:
_______________________________________________________________________
Specific Statutory Qualification for the Public Office, if Applicable:
_______________________________________________________________________
Address of the Appointee: ______________________________________________________
_______________________________________________________________________
_______________________________________________________________________
County of Residence of the Appointee: ____________________________________________
Date Term of Appointment Begins: _______________________________________________
Date Term of Appointment Ends: ___________________________________________
Name of Person the Appointee Replaces, if applicable:
_______________________________________________________________________
________________ ________________
Date of Appointment Signature
____________________________________
Office of Appointing Authority
Distribution:
Governor
Secretary of State
Legislative Library
State Library
State Ethics Commission
State Controller""
SECTION 8.11. G.S. 143‑138(b4)(2a), as enacted by Section 8(b) of S.L. 2017‑108 and Section 8(a) of S.L. 2017‑130, reads as rewritten:
"(2a) A "therapeutic
equine facility" is an equine facility as described in sub‑subdivision
a. of subdivision (1) of this subsection sub‑subdivision (1)a. of
this subsection operated by an organization exempt from federal income tax
under section 501(c)(3) of the Internal Revenue Code that provides therapeutic
equine‑related activities for persons who are physically, intellectually,
or emotionally challenged."
SECTION 8.12. G.S. 143B‑68 reads as rewritten:
"§ 143B‑68. Public Librarian Certification Commission – members; selection; quorum; compensation.
The Public Librarian Certification
Commission of the Department of Natural and Cultural Resources shall consist of
five members as follows: (i) the chairman of the North Carolina Association
of Library Trustees, (ii) the chairman of the public libraries section of
the North Carolina Library Association, (iii) an individual (ii) two
individuals named by the Governor upon the nomination of the North Carolina
Library Association, (iv) (iii) the dean of a State or regionally
accredited graduate school of librarianship in North Carolina appointed by the Governor
and (v) Governor, and (iv) one member at large appointed by the
Governor.
The members shall serve four‑year
terms or while holding the appropriate chairmanships.chairmanship.
Any appointment to fill a vacancy created by the resignation, dismissal, death
or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, and nonfeasance according to the provisions of G.S. 143B‑13 of the Executive Organization Act of 1973.
The members of the Commission shall receive per diem, and necessary travel expenses in accordance with the provisions of G.S. 138‑5.
A majority of the Commission shall constitute a quorum for the transaction of business.
All clerical and other services required by the Commission shall be supplied by the Secretary of the Department through the regular staff of the Department."
SECTION 8.13. Part XII of S.L. 2006‑248 is repealed.
SECTION 8.14. Section 6A.19(e) of S.L. 2011‑145 is repealed.
PART IX. EFFECTIVE DATE
SECTION 9. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 5th day of October, 2017.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ David R. Lewis
Presiding Officer of the House of Representatives
s/ Roy Cooper
Governor
Approved 5:45 p.m. this 8th day of October, 2017