Bill Summary for S 321 (2013-2014)

Summary date: 

Jul 16 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 321 (Public) Filed Wednesday, March 13, 2013
AN ACT TO CAP REIMBURSEMENT BY COUNTIES, TO MAKE ADDITIONAL PROVISIONS RELATING TO PAYMENT, FOR MEDICAL SERVICES PROVIDED TO INMATES IN COUNTY JAILS, TO ALLOW COUNTIES TO UTILIZE MEDICAID FOR ELIGIBLE PRISONERS, TO PROVIDE THAT VACANCIES IN THE OFFICE OF DISTRICT COURT JUDGE SHALL BE FILLED BY APPOINTMENT OF THE GOVERNOR; AND TO CREATE A PRIVATE RIGHT OF ACTION AGAINST NOTARIES WHO VIOLATE THE NOTARY PUBLIC ACT.
Intro. by J. Davis, Newton, Goolsby.

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Bill summary

House committee substitute makes the following changes to the 5th edition.

Amends the short and long titles.

Amends GS 7A-142, concerning vacancies in the office of district judges, providing that the bar of the judicial district where the vacancy occurs will nominate five people, by a vote, that are residents of the judicial district who are duly authorized to practice law in the district for consideration by the Governor. Requires that vacancies be filled no sooner than 30 days after the vacancy occurs.  Directs the Governor to give due consideration to the nominations provided by the bar prior to filling the vacancy. Deletes numerous other substantive provisions of the section which previously provided exceptions and different procedures for filling vacancies occurring in District 9, 9B, and 18.  Eliminates the requirement that judicial district bars must submit nominations in 30 days.

Repeals GS 161-8, attendance at office. Effective September 1, 2013.

Enacts new GS 161-8.1, Office hours; notice of hours, providing that the register of deeds office will be open for public business during county office workdays and hours, as set by the board of county commissioners (board), pursuant to GS 153A-94(b). The register of deeds can set the hours for registration of real estate instruments to begin not more than 30 minutes after the office opens to the public and end not more than 30 minutes after the office closes. Allows the office to be closed temporarily with the prior approval of the board or county manager.  Specifies the reporting and posting requirements for alerting the public to the schedule of the office and any temporary changes to that schedule or temporary closings. Directs the Secretary of State to establish a website and procedures for the posting of the workdays, holidays, and office hours of each county register of deeds office. Effective September 1, 2013.

Amends GS 89C-19, provided H 94 of the 2013 Regular Session becomes law, to provide that in the course of conducting a technical review of an application for a permit or plan, the state and any of its political subdivisions must review the application or plan only on its ability to satisfy the intent of the requirements of the statute, rule, standard, or criterion against which the application or plan is being evaluated. It further prohibits the state and any of its political subdivisions from requiring revisions to the parts of an application or plan that constitutes the practice of engineering. Provides that when conducting the technical review of an application or plan that is or includes elements of an innovative design, revisions can be required that constitute the practice of engineering provided the reviewer is a professional engineer. Defines innovative design for use in this section. Provides that revisions to the parts of an application or plan that constitutes the practice of engineering must be provided by written notice, on agency letterhead, signed by the professional engineer reviewing the submission, including his or her state license number, and then provided to the permit applicants or the person that submitted the plan for approval.

Amends GS 133-40(a), provided H 94 of the 2013 Regular Session becomes law, to provide that the term "public entity" is understood to mean any department or agency of the State, state universities or colleges, and other similar entities but does not include municipalities, county governments, public utilities, transportation authorities, or airport authorities.

Amends GS 143-215.1(j)(3), provided H 94 of the 2013 Regular Session becomes law, concerning the control of sources of water pollution and providing that the Commission will require that the exceedances within a compliance boundary be remedied through cleanup, recovery, containment, or other response when, among other things, a violation of any standard in groundwater occurs in the bedrock, including limestone aquifers in Coastal Plain sediment, unless it can be demonstrated that the violation will not adversely affect, or have the potential to adversely affect, a water supply well (previously, excluded limestone bedrock from consideration).

Proposes new section GS 10B-61 to give standing to any party to a transaction requiring a notarial certificate for verification and any state-licensed attorney involved in such a transaction to bring a civil action in superior court against any commissioned public notary who violates the provisions of the Notary Public Act. Allows actions for damages or injunctive relief. Applies to notarial acts and omissions occurring on or after the date that the act becomes law.

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