Bill Summary for H 433 (2013-2014)

Summary date: 

Apr 23 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 433 (Public) Filed Tuesday, March 26, 2013
A BILL TO BE ENTITLED AN ACT TO SUPPORT THE ACTIVITIES OF THE ARMED FORCES AND TO MAINTAIN AND ENHANCE THE MILITARY'S PRESENCE IN NORTH CAROLINA BY REGULATING THE HEIGHT OF BUILDINGS AND STRUCTURES LOCATED IN AREAS THAT SURROUND MILITARY INSTALLATIONS IN THE STATE.
Intro. by J. Bell, Stam, McElraft, Whitmire.

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Bill summary

Senate committee substitute makes the following changes to the third edition.

Amends GS 143-151.71, Definitions, deleting the term construction and adding a definition of secretary.

Amends GS 143-151.75, Endorsement for construction of tall buildings or structures required, providing that a person seeking endorsement for the construction of a tall building or structure in any area surrounding a major military installation must provide written notice of the intent to seek endorsement to the commanders of the installation that is located within five miles of the proposed construction.

Amends GS 143-151.77, changing title to Injunctive relief (was, Enforcement and penalties), eliminating the provisions that provided for civil penalties. Provides for injunctive relief when reasonable cause exists to believe that a person has violated this Article or associated rules. Requires the Secretary to request the Attorney General to institute the action in the superior court of the county in which the violation occurred. Upon a determination by the court that the violation has occurred or is threatened, the court will grant such relief necessary to prevent or abate the violation or threatened violation.

Makes clarifying and technical changes, including replacing the term "major Department of Defense military installation" with "major military installation," throughout.

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