MILITARY LANDS PROTECTION ACT.

View NCGA Bill Details2013-2014 Session
Senate Bill 614 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO FURTHER PROTECT MILITARY LANDS, TO MAKE AMENDMENTS TO THE MILITARY AFFAIRS COMMISSION, AND TO PROTECT SENSITIVE MILITARY DOCUMENTS.
Intro. by Brown.

Status: Ch. SL 2014-79 (Senate Action) (Jul 22 2014)

SOG comments (2):

Long title change

Senate committee substitute to the first edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO AMEND THE INSURANCE LAWS RELATING TO THE NOTICE REQUIRED FOR CANCELLATION OF WORKERS' COMPENSATION INSURANCE POLICIES AND TO AMEND THE WORKERS' COMPENSATION ACT CONCERNING THE STATUS OF TRUCK DRIVERS AS EMPLOYEES OR INDEPENDENT CONTRACTORS AND RELATING TO OUT-OF-STATE ACCIDENTS AND STATE RECIPROCITY OF CLAIMS.

 

 

Short and Long Title Changes

House committee substitute to the 3rd edition changes the short and long titles. The original titles are as follows:

WC/CANCELLATION PROCEDURE CHANGES.

A BILL TO BE ENTITLED AN ACT TO AMEND THE INSURANCE LAWS RELATING TO THE NOTICE REQUIRED FOR CANCELLATION OF WORKERS' COMPENSATION INSURANCE POLICIES.

Bill History:

S 614/S.L. 2014-79

Bill Summaries:

  • Summary date: Jul 22 2014 - More information

    AN ACT TO FURTHER PROTECT MILITARY LANDS, TO MAKE AMENDMENTS TO THE MILITARY AFFAIRS COMMISSION, AND TO PROTECT SENSITIVE MILITARY DOCUMENTS. Enacted July 22, 2014. Effective July 22, 2014, except as otherwise provided.

     

  • Summary date: Jul 16 2014 - More information

    The conference report amends the 4th edition to make a technical change. Also changes the effective date of the change to GS 143-318.11(a)(4) to when the act becomes law (was, October 1, 2014).


  • Summary date: Jun 25 2014 - More information

    House committee substitute to the 3rd edition deletes all provisions of the previous edition and replaces it with the following.

    Enacts new GS 143-135.29 requiring the State Construction Office to maintain, and make publicly available, maps of areas surrounding major military installations that are subject to the provisions of Article 9G of GS Chapter 143. Amends the definitions in GS 143-151.71 to remove the term Building Code Council and add State Construction Office. Makes conforming changes to GS 143-151.73 and GS 143-151.75, replacing the Building Code Council with State Construction Office. Repeals GS 143-138(j2), which authorized the Building Code Council to review and endorse proposals for the construction of tall buildings or structures in areas surrounding major military installations. Enacts new subsection (d), Meetings and Records, to GS 127C-1, which established the North Carolina Military Affairs Commission (Commission). Provides that the Commission may withhold documents and discussions related to the federal government's process to determine closure or realignment of military installations so long as public inspection would frustrate the purpose of confidentiality.

    Enacts new GS 127C-5 to allow the Commission and the Department of Commerce (Department) to share with other bodies documents and discussions protected from disclosure; shared information is confidential and exempt from GS Chapter 132 to the same extent that it is confidential in the Commission’s or Department’s possession. Also allows the Commission and Department to share documents and discussions protected from disclosure with any third party in its discretion in carrying out the Commission’s purposes. Shared information must be shared under an agreement to keep the information confidential to the same extent that it is confidential in the Commission’s or Department’s possession.

    Amends GS 132-1.2 to add that nothing in GS Chapter 132 requires disclosure of documents related to the federal government’s process to determine closure or realignment of military installations until a final decision has been made in that process. Amends GS 143-318.11 to allow holding a closed session to discuss matters relating to military installation closure or realignment.

    Effective for meetings held on or after October 1, 2014.

    Make conforming changes to the act's titles.


  • Summary date: May 15 2013 - More information

    Senate amendment makes the following change to the 2nd edition:

    Changes the effective date of the act from when it becomes law to September 1, 2013.


  • Summary date: May 15 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 58-36-105(b) to allow that the notice of cancellation of workers' compensation insurance that is required to be provided to the insured may be given by registered or certified mail (was, required to be sent by registered or certified mail). Provides that notice of cancellation may also be given by any method permitted for service of process pursuant to the North Carolina Rules of Civil Procedure. Makes conforming change.

    Provides that the above change is effective when it becomes law (was, effective when becomes law and applies to policies in effect on or after that date).

    Deletes all proposed changes to GS 97-19.1 and GS 97-36 in 1st edition.


  • Summary date: Apr 2 2013 - More information

    Amends GS 58-36-105(b) providing that a notice of cancellation of workers' compensation insurance that is required to be sent by registered or certify mail is not effective until the method of providing notice has been employed (was, employed and completed). Effective when it becomes law and applies to workers' compensation insurance policies in effect on or after that date.

    Amends GS 97-19.1 to provide that an individual in the interstate or intrastate carrier industry who operates a truck, tractor, or truck tractor trailer for a motor carrier as defined in GS 20-4.01(21b) (was, licensed by a governmental motor vehicle regulatory agency) may be an employee or an independent contractor depending on the application of the common law test for determining employment status. Makes an additional conforming change to this section. Provides that a principal contractor, intermediate contractor, or subcontractor who contracts with an independent contractor is not liable as an employer for the payment of compensation tothe independent contractor if the independent contractor (1) owns or leases the vehicle providing service, (2)personally operates or is responsible for hiring and paying personnel to operate the vehicle, and (3) is covered under an occupational accident policy issued to the independent contractor or the motor carrier. Permits a motor carrier and independent contractor meeting specified criteria to mutually agree in writing that the independent contractor and any of the independent contractor's employees will be covered under the contractor's workers' compensation insurance. Provides additional details regarding the obligations of both parties under such an agreement. Defines "occupational accident insurance" for the purposes of this section. Deletes provisions permitting the contractor to insure all of the independent contractors and their employees under a blanket policy. Effective when it becomes law.

    Amends GS 97-36 regarding out-of-state accidents and state reciprocity of claims. Provides for the applicability of a forum clause if one is contained in the employment contract; however, if there is no forum clause, provides that the other provisions of this section apply under circumstances where an employee temporarily leaves this state and incidental to the employee's employment in another state is injured in the course of employment. Specifies conditions that must be met for an employee from another state and an employer from another stateto be exempt from the provisions of GS Chapter 97. Provides that the out-of-stateemployee working temporarily forthe out-of state-employer in this state is limited to benefits under the workers compensation insurance or similar laws of the other state as an exclusive remedy for any injury, even death, suffered while working for that employer in this state. Provides definitions for terms as used in this section. Addresses issues regarding jurisdiction, appeals, and litigation. Makes technical changes. Provides that this section is effective when it becomes law and applies to claims for workers' compensation insurance benefits made on or after that date regardless of the date of the accident.


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