Bill Summaries: H88 (2013-2014 Session)

  • Summary date: Jun 24 2013 - View summary




  • Summary date: Jun 4 2013 - View summary

    Senate amendment makes the following change to the 3rd edition. Makes this act effective three days after it becomes law (was, effective when it becomes law).

  • Summary date: May 30 2013 - View summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends GS 44A-11.1 to provide that an owner is not required to designate a lien agent for the addition of an accessory building or structure as defined in the North Carolina Uniform Residential Building Code (Code), the use of which is incidental to the owner-occupied residence. Also amends GS 87-14(a)(3) toextend the exemption to requiring the designation of a lien agent to an applicant for a building permit for the addition of an accessory building or accessory structure as defined in the Code, the use of which is incidental to that residential dwelling unit. Also amends GS 160A-417 (cities and towns) and GS 153A-357(e) (counties) to extend the exemption to requiring the designation of a lien agentto the permit requirements for the construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of any building or structure.

    Rewrites subsection (h) of GS 44A-11.2, defining custom contractor to mean a contractor duly licensed as a general contractor under Article 1 of GS Chapter 87, who has contracted with an owner who is not an affiliate, relative, or insider of the contractor to build a single-family residence on the owner's property to be occupied by the owner as a residence. Specifies that the notice requirement under subsections (m) and (n) of GS 44A-11.2 will be considered to have been met on the date that the lien agent receives notice of its designation as lien agent from the custom contractor, providing that certain specified conditions are met.

    Makes a technical correction.

  • Summary date: Apr 11 2013 - View summary

    House committee substitute deletes all the provisions of the first edition and replaces it with AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE LAW PERTAINING TO LIEN AGENTS.

    Clarifies in GS 44A-11.1that the owner is not required to designate a lien agent for improvements made to an existing single-family residential dwelling unit, as defined in GS 87-13.5(7), that is occupied (was, used)by the owner as a residence.

    Amends GS 44A-11.2 to clarify that a lower-tier subcontractor is not required to furnish labor, materials, rental equipment, or professional design or surveying services at the site of the improvements. Clarifies that an Internet web site may be used to transmit to the designated lien agent, with delivery receipt, all the information required to provide notice to the lien agent of theindividual's designation asa lien agent under GS 44A-11.1 or to provide notice to the designated lien agent under this section.

    Amends GS 58-26-45 to delete the duty of a lien agent, who has received notice of the designation by the owner under GS 44A-11.1, to provide written notice within three business days to the contractor and the design professionalacknowledging receipt from the owner ofinformation relating to the contractorand the design professional.Amends GS 87-14 to provide that any applicant for a building permit for any improvements with a combined cost of $30,000 or more, other than improvements to an existing single-family residential dwelling that the owner occupies (was, that the applicant uses) must provide all contact information for the designated lien agent.

    Makes conforming changes to GS 160A-417 (building permitsfor cities and towns) and GS 153A-357 (building permits forcounties).

    Effective when the act becomes law and applies to improvements to real property for which the first furnishing of labor or materials at the site of the improvements is after that date.

  • Summary date: Feb 11 2013 - View summary

    Identical to S 45, filed 2/4/13.

    Amends GS 15A-1002 (determination of incapacity to proceed; temporary commitment; orders) to clarify that the court may appoint a medical expert or evaluator to examine a defendant charged with a misdemeanor or felony and return a report on the defendant's mental health. Allows the court to call the appointed expert to testify at the hearing, with or without the request of either party. Clarifies that a judge must find that an examination is more appropriate to determine capacity when a defendant is ordered to a state facility without an examination (current law makes this provision applicable only to felony charges). Permits the court to order the defendant to a state facility to determine the defendant's capacity at any time in the case of a defendant charged with a felony (current provision also applies to defendants charged with misdemeanors who have been examined). Requires a judge ordering an examination to order the release of confidential information to the examiner, after providing reasonable notice and an opportunity to be heard to the defendant. Requires the court order to include findings of fact to support the determination of the defendant's capacity to proceed. Allows stipulation by the parties to capacity to proceed only. Sets out requirements and timelines to provide examination reports to the court.

    Amends GS 15A-1004(c) to add that the court must order that the defendant be examined to determine whether the defendant has the capacity to proceed before being released from custody. Amends GS 15A-1007 (supplemental hearings) to clarify applicable timelines after a defendant gains capacity to proceed. Makes conforming and clarifying changes to GS 15A-1006. Amends GS 15A-1008 (dismissal) to require (rather than permit) the court to dismiss charges at the earliest of three specified occurrences when the defendant lacks capacity to proceed. Adds provisions related to the circumstances of dismissal, including the allowance to refile charges. Makes a conforming change to repeal GS 15A-1009 (dismissal with leave when defendant incapable of proceeding). Makes additional clarifying changes. Amends GS 122C-54(b) to require examination reports submitted by a facility to include any treatment recommendation and an opinion on the likelihood that the defendant will gain the capacity to proceed. Enacts new GS 122C-278 (reexamination for capacity to proceed prior to discharge) to provide that a respondent who is involuntarily committed to either inpatient or outpatient treatment under GS Chapter 122C cannot be discharged from custody or the outpatient case terminated until the person has been examined for capacity to proceed and a report has been filed with the clerk of court in compliance with GS 15A-1002.  

    Makes the statutory amendments effective December 1, 2013.

    Directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission) to adopt rules by December 1, 2013, to require appointed forensic evaluators to meet specified standards. Directs the Commission to adopt guidelines, by December 1, 2013, for the treatment of involuntarily committed persons following a determination of incapacity to proceed.