Bill Summary for S 112 (2013-2014)

Summary date: 

Jul 11 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 112 (Public) Filed Wednesday, February 20, 2013
AN ACT TO IMPROVE AND STREAMLINE THE REGULATORY PROCESS IN ORDER TO STIMULATE JOB CREATION, TO ELIMINATE UNNECESSARY REGULATION, AND TO MAKE VARIOUS OTHER STATUTORY CHANGES.
Intro. by Jackson.

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Bill summary

House committee substitute to the 4th edition makes the following changes.

Amends GS 160A-174 and GS 153A-121 to add that the limitation in (b)(5a) also does not apply to an ordinance if adoption of the ordinance was and continues to be required by (1) a unique geographic, meteorological, or environmental condition and the city/county complies with the requirements of new (d) or (2) a condition necessary to achieve discounted flood insurance rates under the National Flood Insurance Program. New (d) allows a city/county to adopt an ordinance more stringent than state or federal statutes or regulation if the following requirements are met: (1) the ordinance addresses a unique geographic, meteorological, or environmental condition that can be demonstrated by substantial evidence and that is not adequately met by the less stringent statue or regulation; (2) the ordinance was adopted by a three-fourths vote; and (3) before the ordinance becomes effective, it is demonstrated that a more stringent requirement is necessary and in the best interest of the public health or safety; the ordinance must not become effective unless the environmental agency approves it within 30 days of receipt.

Deletes changes to GS 20-4.01 and GS 20-7 concerning school buses for agricultural purposes.

Amends GS 160A-194 and GS 153A-134 to add that the statutes do not authorize a city/county to regulate and license digital dispatching services for prearranged transportation services for hire. Amends GS 160A-211 and GS 153A- 152 to add that a city/county may not impose a license, franchise, or privilege tax on a person engaged in digital dispatching services for prearranged transportation services for hire. Amends GS 160A-304 to provide that GS Chapter 160A does not authorize a city to adopt an ordinance doing any of the six listed items, including: (1) requiring licensing or regulation of digital dispatching services for prearranged transportation services for hire connected with vehicles operated for hire in the city if the business does not own or operate the vehicles for hire in the city; (2) setting a minimum rate or minimum increment of time used to calculate a rate for prearranged transportation services for hire; (3) requiring an operator to use a particular formula or method to calculate rates charged.

Amends GS 58-36-105(b) to provide that workers' compensation, or employers' liability insurance in connection with a policy of workers' compensation insurance, cancellation is not effective unless written notice is given to the insured no less than 15 days before the proposed effective date of the cancellation. Allows the notice to be given (was, required to be given) by registered or certified mail, return receipt requested. Adds that notice of cancellation, termination, or nonrenewal may also be given by any method permitted for service of process under Rule 4 of the NC Rules of Civil Procedure. Enacts new GS 58-2-255 to provide that when any insurance law of the state, except for cancellation, termination, or nonrenewal of workers' compensation under GS 58-36-105(b) requires a communication to be provided to a party in writing, signed by a party, provided by means of a specific delivery method, or retained by an insurer, those requirements are met if the insurer complies with Article 40 of GS Chapter 66. Provides that verification of communications delivered by electronic means constitutes proof of mailing in civil and administrative proceedings and under the state's insurance laws. Provides that a recording of an oral communication between an insurer and a party that is reasonably stored and reproduced by an insurer constitutes an electronic communication or record. Amends GS 97-19 to prohibit any principal contractor, intermediate contractor, or subcontractor who sublets any contract for the performance of work from being held liable to any employee of such subcontract if (1) the subcontractor has a worker's compensation insurance policy in effect on the date of the injury or (2) the policy expired or was cancelled before the date of the injury if the principal contractor, intermediate contractor, or subcontractor obtained a certificate at any time before subletting the contract to the subcontractor and was unaware of the expiration or cancellation. Effective when the act becomes law and applies to insurance policies and certificates of insurance in effect on or after that date.

Deletes changes to GS 20-118(c) concerning exceptions to weight limits for transportation of certain agricultural material.

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