AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES, INCLUDING SPECIFICALLY AUTHORIZING THE REVISOR OF STATUTES TO PRINT DRAFTERS' COMMENTS TO THREE ACTS ENACTED IN 2011 IN WHICH THIS AUTHORIZATION WAS INADVERTENTLY OMITTED, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE OTHER AMENDMENTS. Summarized in Daily Bulletin 5/21/12, 6/27/12, 6/28/12, 7/2/12, and 7/3/12. Enacted July 17, 2012. Effective July 17, 2012, except as otherwise provided.
Summary date: Jul 19 2012 - More information
Summary date: Jul 3 2012 - More information
Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Recedes from Amendment #4, which made specified changes to House Bill 177, Clean Energy Transportation Act; provided for electric vehicle charging stations; and included a study requirement. Recedes from Amendment #7, which made amendments to GS 143-59 concerning price preference for resident bidders.
Deletes amendments made to GS 143-59 concerning preference given to resident bidders. Deletes provision that repealed provisions providing for electric vehicle charging stations in House Bill 177. Deletes provisions that amended language in House Bill 950, Modify 2011 Appropriations Act, concerning tolls on Interstate 95.
House committee substitute makes the following changes to 3rd edition.
Expands the required content of the report regarding the unique needs of students with immediate family members in the military that is to be filed by each local board of education with the State Board of Education by November 30, 2012. Adds requirement that the State Board of Education report on the information received from local boards of education to the Joint Legislative Education Oversight Committee, the House of Representatives, and the Senate Appropriations Subcommittee on Education no later than December 15, 2012. Amends GS 115C-288 to direct the principal of a school to develop a means for identifying and serving the unique needs of students who have immediate family members in the active or reserve components of the military.
Amends GS 90-113.54 to clarify language in signs posted by retailers of pseudoephedrine to indicate clearly the purchase restrictions on the amounts of products containing pseudoephedrine that may be purchased per day or per 30 days.
Provides that if House Bill 950, 2011 Regular Session, becomes law, then Section 24.11 of that act is amended to hold harmless a taxpayer that makes an over-collection or under-collection of the excise tax on motor fuel from July 1, 2012, to August 1, 2012. Requires that the taxpayer has made a good faith effort to collect the proper amount of tax and that the error is due to the change in the rate of tax imposed under GS 105-449.80(a).
Amends GS 150B-43, right to judicial review, to clarify that in the absence of a specific statutory requirement, a party or aggrieved person does not have to petition an agency for rulemaking or seek or obtain a declaratory ruling prior to securing judicial review under GS 150B-34.
Adds new subsection (e) to GS 7A-38.5 directing each chief district court judge and district attorney to refer a misdemeanor criminal action in district court to the local mediation center. Requires that the action be generated by a citizen-initiated arrest warrant. Makes exceptions for (1) domestic violence cases, (2) cases in which the judge or the DA finds that mediation is inappropriate, or (3) any case being tried in a county where mediation services are unavailable. Provides additional guidelines regarding the mediation referral process. Provides an option for a prosecutorial district to opt out of mandatory mediation. Amends GS 7A-38.3D(m) to delete the authority of the judge to waive the dismissal fee for good cause shown. Effective December 1, 2012, and applies to offenses committed on or after that date.
Amends GS 7A-41.1(b) to revise the process for selecting the senior resident superior court judge for each district or set of districts and provides that the statute, as amended, applies to vacancies occurring on or after the date this act becomes effective.
Makes technical corrections to GS 44A-23 regarding a contractor’s lien on real property and perfection of a subcontractor’s subrogation rights effective April 1, 2013 and applies to improvements to real property on or after that date.
Provides that if House Bill 237, 2011 Regular Session, becomes law, then GS 58-36-17 is amended to clarify that the North Carolina Industrial Commission may release certain data, with respect to policies becoming effective on or after January 1, 2012, showing workers compensation insurance policy information that only includes policy effective dates, cancellation dates, and reinstatement dates as a public record as defined in GS 132.1.
Adds new subdivision (17) to GS 89G-3 to provide for the licensure of persons with 10 years of experience in business as an irrigation contractor as of January 1, 2009, without the requirement of an examination. Requires that the experienced irrigation contractor submit the licensure application to the NC Irrigation Contractor’s Licensing Board before October 1, 2012. Directs the Licensing Board to notify the NC Cooperative Extension as quickly as possible upon the effective date of this subdivision of the provisions for licensure of experienced irrigation contractors without the examination requirement.
Defines in GS 150B-21.3(d) the day of adjournment of a regular legislative session held in an odd-numbered year to be the day that the General Assembly adjourns by joint resolution for more than 30 days (was, 10 days). Permits designees of the President pro tempore of the Senate and the Speaker of the House to serve as ex officio members of the Legislative Research Commission (LRC) and to serve as co-chairs of the LRC. Transfers authority, currently vested in the LRC co-chairs, to appoint additional members of the General Assembly to serve on LRC study committees and to appoint non-members of the General Assembly to serve on LRC subcommittees to the President Pro Tem and the Speaker.
Amends GS 143-59(c) to define a resident bidder as one who has (1) paid unemployment taxes or income taxes in this state or (was, and) (2) whose principal place of business is located in this state. Adds new subsection (b1) to require that for any contract for equipment, materials, supplies, and services, a resident bidder be given a maximum of three business days to match or lower the bid of the lowest responsible non-resident bidder only if the resident bidder’s bid was within 5% or $10,000 of the lowest responsible non-resident bidder’s bid, whichever is less. Effective October 1, 2012, and applies to contracts entered into or renewed on or after that date.
Provides that if House Bill 950, 2011 Regular Session, becomes law, that Section 24.20 is repealed (Section 24.20 repeals the Program Evaluation Division (Division) study of the North Carolina Railroad Company. Reinstates the study of the NC Railroad Company). Deletes provision allocating funds available to the Joint Legislative Transportation Oversight Committee for use by the Division to hire consultants to aid in its evaluation. Directs the Division to report its study results to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Transportation Oversight Committee no later than November 1, 2012.
Directs the Division to study, in conjunction with the Department of Administration, the inventory of all state-owned lands and the issue of public ownership of lands submerged under navigable rivers in North Carolina. Directs the Division to report its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee no later than January 15, 2013.
Amends Section 1.4.(a1) of SL 2012-121 to remove any exceptions to the prohibition against any elected public official being a member of the Greater Asheville Regional Airport Authority.
Amends GS 132-1.12 to provide limited access to identifying information for minors participating in local government programs, providing that the name of a minor who has received a scholarship or other financial reward from a local government is a public record.
Amends GS 153A-345(a) to strike provision allowing each designated zoning area to have at least one resident as a member of the board of adjustment in a county in which the board of commissioners does not zone the entire territorial jurisdiction of the county. Applies only to Chatham County.
Extends the period for a cosmetic art shop that practices natural hair care only to comply with the requirements of GS 88B-14 to five years (was, two years) from the effective date of Section 13 of SL 2009-521 as amended by Section 24 of SL 2011-326. Makes conforming changes.
If House Bill 950, 2011 Regular Session, becomes law, (1) amends provisions in Section 24.21(a) of that act, which directs the Department of Transportation to conduct a comprehensive study of the impact of tolling on Interstate 95 (I-95); (2) repeals provision requiring the DOT to report the study results to the 2013 General Assembly by March 1, 2013; and (3) directs the DOT not to toll I-95 prior to approval by the General Assembly (was, prior to July 1, 2014).
If House Bill 950, 2011 Regular Session, does not become law, prohibits tolling of I-95 prior to General Assembly approval and directs the DOT to engage in a comprehensive study of the impact of making Interstate 95 a toll road that includes but is not limited to: (1) the economic impact on residents and businesses along the I-95 corridor, (2) the impact on alternative routes to I-95, (3) new or existing alternative routes for I-95; and (4) options for funding critical repairs and lane mile expansions to I-95 without the use of tolls. Also directs the DOT to solicit feedback on its various tolling proposals from local governments and residents along the I-95 corridor.
Makes additional technical changes and corrections.
House committee substitute makes the following changes to 4th edition.
House Finance Committee amendment #1 amends GS 105-130.47(k) and GS 105-151(k) to extend the sunset date on the production company tax credit to January 1, 2015 (was, January 1, 2014) for qualifying expenses incurred on or before that date.
House Finance Committee #2 amends GS 51-1 to authorize a superior court judge to officiate at a marriage ceremony. Effective July 26, 2012, and expires July 30, 2012.
Amendment #3 further amends the definition of “day of adjournment” of a regular session in an odd number year, in GS 150B-21.3, as the day the General Assembly adjourns by resolution or by operation of law (was, by resolution) for more than 30 days.
Amendment #4 provides that if House Bill 177 becomes law, then Part II (establishing the criteria for the operation of electric vehicle charging stations located at state-owned rest stops along the highways) and the sections that make up that Part are repealed. Provides that the Department of Transportation (DOT) may only operate electric vehicle charging stations at state-owned rest stops along highways for the purpose of providing electric charging to state owned vehicles; expires July 1, 2014. Requires the Joint Legislative Transportation Oversight Committee to study the DOT’s use and operation of electric vehicle charging stations at state owned rest stops along highways and report to the 2014 Regular Session of the General Assembly.
Amendment #5 corrects a statutory reference in House Bill 494.
Amendment #6 changes references to a county sheriff’s department to a county sheriff’s office in appointments made to the Human Trafficking Commission in the Modify 2011 Appropriations Act.
Amendment #7 amends GS 143-59 to require for any contract for equipment, materials, supplies and services, in which lowest price meeting specifications is the basis of award, the resident bidder with the lowest bid must be given a maximum of three business days to match or lower the bid of the lowest responsible non-resident bidder only if the resident bidder’s bid was within 5% or $10,000 of the lowest responsible non-resident bidder’s bid, whichever is less.
Amendment #8 amends Senate Bill 229, if it becomes law, to provide that funds received by the State according to the Consent Decree entered into in State of Alabama et al. v. Tennessee Valley Authority and allocated to the Department of Agriculture and Consumer Services by the Committee Report to House Bill 950 are to be used exclusively to award grants for environmental mitigation projects of the specified types in the specified counties.
Summary date: Jun 28 2012 - More information
Senate amendments make the following changes to 3rd edition.
Amendment #5 makes technical corrections.
Amendment #6 adds a section to rewrite GS 7A-41.1(b) to amend the process for the selection of senior resident superior court judge for each district or set of districts.
Amendment #7 amends the effective dates and the application of the provisions of House Bill 462, Contingency Contracts for Audits.
Amendment #8 adds a section to rewrite GS 120-30.10 to provide that the respective designees of the President Pro Tempore of the Senate and the Speaker of the House of Representatives may serve in their stead as ex officio members of the Legislative Research Commission (LRC). Confers the authority to appoint additional members to study committees or advisory subcommittees on the President Pro Tem and the Speaker (was, cochair of the LRC). Also amends GS 120-30.13 to provide for the President Pro Tem and the Speaker or their respective designees to serve as co-chairs of the LRC.
Amendment #11 adds a clarifying provision regarding amendments made to GS 7A -41.1(b)(2) in this act.
Senate committee substitute makes the following changes to 1st edition.
Amends GS 7A-60(a1), regarding district attorneys, and GS 7A-133(c), regarding magistrates, to codify the permanent reductions to the minimum number of magistrates in various counties and the number of full-time assistant district attorneys in certain prosecutorial districts so that the General Statutes reflect the authorized numbers of magistrates and district attorneys.
Effective January 1, 2013, again amends GS 7A-133(c) regarding the reductions to the minimum number of magistrates.
Amends GS 7B-4002, which establishes the NC State Council for Interstate Juvenile Supervision, to designate the Secretary of Public Safety (was, the Secretary of the Department of Juvenile Justice and Delinquency Prevention) or the Secretary’s designee as the Compact Administrator for North Carolina and as the state’s Commissioner to the Interstate Commission. Makes conforming changes.
Amends GS 163-304 to clarify that the State Board of Elections has the same jurisdiction over municipal elections as over county and state elections (was, elections and election officials).
Makes a technical correction to Section 13.22(b) of SL 2011-145 retroactively effective July 1, 2011.
Recodifies GS 15A-1331A as GS 15A-1331.1. Makes conforming changes to relevant statutes. Provides that if Senate Bill 707, School Violence Prevention Act, becomes law, then GS 15A-1331B, as enacted by that act, is recodified as GS 15A-1331.2. Adds Swain County to those counties eligible for Environmental Mitigation Project grants from the Tennessee Valley Authority settlement funds. Repeals Sections 49 and 50 of SL 2012-56. Provides that if House Bill 1075, LME/MCO Governance, becomes law then GS 35A-1213(f), as enacted by that act, is amended to provide that individuals contracting to provide services to a local management entity (LME) may not serve as guardians for individuals receiving those services. However, provides that this prohibition does not apply to a member of the ward’s immediate family who is under contract with an LME for delivery of services and serving as a guardian as of January 1, 2013. Provides a definition for the term immediate family.
Repeals GS 122C-122 if House Bill 1075 does not become law. Makes additional changes to GS 35A-1202(4), 35A-1213, and 35A-1292(a) contingent on whether House Bill 1075 does not become law. Also provides that if House Bill 1075 does not become law, requires any successor guardian to make diligent efforts to continue existing contracts entered into under the authority of GS 122C-122 consistent with the best interests of the ward as required by GS Chapter 53A.
Amends GS 66-58 to provide that the prohibitions in subsection (a) regarding the sale of merchandise or services by governmental units do not apply to the North Carolina Forest Service. Amends GS 93A-83(c), should Senate Bill 521 , Rule in Dumper’s Case/Broker Price Options, become law, to require that a Broker Price Opinion or Comparative Market Analysis must conform to specified standards (was, may conform to those standards).
Amends GS 116B-8, as enacted in House Bill 462, Contingency Contracts for Audits, should HB 462 becomes law, to limit the compensation of persons whom the Treasurer may employ on a contingency basis to 12% of the final assessment. Also amends the effective dates for HB 462, 2011 Regular Session, should the act become law.
Adds new GS 10B-72 to provide that certain notarial acts are nonetheless validated although the recommissioned notary did not again take the oath as a notary public. Provides that the statute applies to notarial acts performed on or after August 28, 2010 and before January 12, 2012.
Amends GS 146-30(c) to declare that the proceeds from the lease dispositions of land or facilities owned or under the supervision and control of East Carolina University’s Division of Health Sciences are to be deposited in clinical accounts at ECU for use to improve access to patient care. Makes amendments to GS 143-553(a), 147-86.11(e), and 147-86.23 to provide that these provisions also apply to ECU’s Division of Health Sciences.
Makes technical and clarifying changes to various statutes and legislation.
Senate amendments make the following changes to 2nd edition.
Amendment #1 provides that if House Bill 950, the appropriations act, becomes law, then the eligibility criteria for a Medicaid recipient needing personal care services is amended to include a recipient who is eligible for personal care services under the Medicaid State Plan and who is living in a group home that is licensed as a supervised living facility for two or more adults with a primary diagnosis of mental illness, a developmental disability, or substance abuse dependency.
Amendment #2 rewrites GS 120-11.1 to provide that the regular session of the Senate and the House of Representatives is to be held biennially beginning at 9:00 A.M. on the second Wednesday in January following their election. Declares that the purpose of the meeting is to elect officers, adopt rules, and otherwise organize the session. Provides that when they adjourn on that day they will stand adjourned until noon on the third Wednesday after the second Monday in January following their election.
Amendment #4 adds a new section to Article 13A of GS Chapter 90 to prohibit the North Carolina Board of Funeral Service from issuing or renewing any licensure, permit, or registration to any person or entity convicted of a sexual offense against a minor. Defines the term sexual offense against a minor for purposes of this Article. Provides additional guidelines and policies regarding the responsibilities of the Board to provide disciplinary actions and sanctions in the funeral industry.
Summary date: May 21 2012 - More information
Makes technical corrections, as title indicates, to various provisions in the General Statutes. Authorizes the Revisor of Statutes to print the explanatory comments for the following session laws: 2011-341 (Allow Attorneys’ Fees in Business Contracts); SL 2011-339 (Trusts and Estate Planning Changes); and SL 2011-344 (Revise Probate Code).
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