Bill Summary for H 765 (2015-2016)

Summary date: 

Jul 2 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 765 (Public) Filed Tuesday, April 14, 2015
Intro. by McElraft.

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Bill summary

Senate amendments make the following changes to the 3rd edition as amended.

Amendment #14

Amends proposed GS 6-19.1(c) regarding attorneys' fees in certain actions involving the State when the State is the prevailing party, directing the court to allow the recovery of such fees when the claim or issue involved (1) contesting the State's ability to construct transportation improvements to real property based on environmental impact or (2) contesting the State's issuance of a permit authorizing activity on real property based on environmental impact [previously, required the recovery when the claim or issue concerned (1) contesting the State's ability to construct transportation improvements or (2) seeking relief based on environmental impact].

Amends GS 93A-2(c)(1), concerning license requirements of real estate brokers, amending specified exemptions to licensure requirements in GS 93A-1 or GS 93A-2 when engaged in acts or services for which the business entity would be exempt, including making the following changes: (1) limiting the exemption to officers, employees, general partners, managers, member-managers of exempt corporations, partnerships, and limited liability companies whose income is reported on W-2s; (2) providing that exemptions to licensure requirements for owners of exempt closely held business entities must be natural person owners; (3) further amends exemptions for officers, managers, member-managers, and employees with income reported on W-2s of closely held business entities setting out ownership requirements of the entity concerning natural person ownership in order to qualify for the specified exemptions. Adds additional requirements for a closely held business entity acting as an agent pursuant to this sub-subdivision that it must file an annual written notice with the Secretary of State, which includes its legal name and physical address. Provides that the exemptions provided for in these provisions are only effective if the closely held business entity has a net worth that equals or exceeds the value of the transaction. Further adds requirements that once a person conducts a real estate transaction pursuant to an exemption as provided, that person must disclose in writing to the parties of the transaction (1) that the person is not licensed as a real estate broker or salesperson, (2) the specific exemption which applies, and (3) the legal name and physical address of the owner of the subject property  and of the closely held business entity.

Deletes changes made to GS 20-84 that allowed the Division of Motor Vehicles (DMV) to issue a permanent license plate for a trailer used as an attachment to the rear of a motorcycle. Amends GS 20-63(d) to require the DMV to issue reduced size registration plates on a multiyear or annual basis, approximately four by seven inches in size, for owners of motorcycles and property-hauling motorcycle trailers attached to the rear of motorcycles. Effective October 1, 2015.

Amends proposed GS 143-129.10, which requires a public entity (as defined) to consider all acceptable piping materials before determining which material should be used in conducting specified activities related to a water, wastewater, or stormwater drainage project if it is funded with state funds, deleting the language that required the public entity to consider all acceptable piping materials only if the project was funded with state funds. Makes conforming changes, deleting references to state funds and state agencies in the definition for a public entity

Amends GS 130A-309.10, which prohibits disposing of discarded computer equipment and discarded televisions in landfills, by specifying items that meet the definitions for computer (was, computer was as defined in GS 130A-309.131) and television (was, television was as defined in GS 130A-309.131).

Amends the title of Section 4.9.

Amends GS 130A-336.1, concerning an alternative process for wastewater system approvals, to allow a professional engineer designing the proposed wastewater system to use pretreatment (was, wastewater system) technologies not yet approved in this state. Also adds that when the engineer’s designs, plans, and specifications call for the installation of a conventional wastewater system, it must allow for the installation of an accepted system in lieu of a conventional system in accordance with the accepted system approval.

Amends GS 130A-343 by amending the definition of innovative wastewater system to remove proposed language that included within the definition any system that remains on a list of the applicable nationally recognized standards for a period that exceeds two years and satisfies the treatment limits adopted by the Department.

Amendment #15

Amends GS 7A-304 to clarify that the $250 fee is to be ordered upon conviction of a defendant charged with violating Article 47 of GS Chapter 14 or the Animal Welfare Act.

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