AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE ADDITIONAL TECHNICAL AND OTHER CHANGES TO THE GENERAL STATUTES AND SESSION LAWS. Enacted August 23, 2013. Effective August 23, 2013, except as otherwise provided.
Summary date: Sep 3 2013 - View Summary
Senate amendment #1 makes the following changes to the 5th edition.
Amends GS 90-113.75(c), as amended by SL 2013-152, to clarify that the immunityprovision in thissectionapplies to a person or an entity (was, an entity).
Clarifies that this act amends GS 122C-115(a), as amended by Section 4(a) of SL 2013-85, effective January 1, 2014.
Deletes changes to GS 66-420(8), regarding a secondary metals recycler. Instead, amends Part 3 of Article 45 of GS Chapter 66 by adding a new GS 66-420.1, which declares that GS Chapter 66 does not apply to a salvage yard regulated under GS Chapter 20 unless the salvage yard is (1) engaged in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose and (2) in the business of performing the manufacturing processthat converts ferrous or nonferrous metals into raw material products consisting of prepared grades and having an existing or potential economic value.
Clarifies that the provisions of new GS 93D-1.1 apply to the scope of practice of a hearing aid specialist who is regulated under GS Chapter 66 (was, provisions applied to the scope of practice of a hearing aid specialist). Provides that the scope of practice for a hearing aid specialist regulated under this chapter includes performing hearing evaluations (was, performing comprehensive hearing evaluations, including administering otoscopy and performing tympanometry). Additionally provides that the scope of practice includes (1) providing counseling and rehabilitation services related to hearing aids and (2) providing community services for individuals. Deletes providing assistive technologies for public and private school classrooms, individuals, and vocational needs from the scope of practice for a hearing aid specialist regulated under GS Chapter 93D.
Amends GS 93D-2 to provide an exception to the provision making it unlawful for any person to engage in any activity within the scope of practice of a hearing aid specialist with regards to an apprentice working under the supervision of a registered sponsor or who is otherwise authorized by law to engage in activity within the scope of practice of another regulated profession.
Exempts the Industrial Commission from the certification requirements of GS 150B-19.1(h) and the fiscal note requirement of GS 159B-21.4 in developing the fee schedules required under Section 33.(a) of this act.
Deletes Section 41 of this act, which amends GS 160A-424(c) regarding prohibitions that restrict a city from implementing certain regulations regarding rental property.
Effective August 1, 2013, Charles Johnson is appointed to the Board of Trustees for the State Health Plan for Teachers and State Employees.
Contingent on House Bill 669 becoming law, amendment makes technical changes to appointments for the NC Wildlife Resources Commission and the Disciplinary Hearing Commission. Appoints Alan Hawkes and Paul Norcross to the NC Charter School Advisory Board.Appoints Roger B. Moore Jr. to the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (was, Tara Fields).
Repeals Section 2.47 of House Bill 669 if it becomes law.
Changes the expiration date for terms ofsomemembers serving on the State Personnel Commission on July 1, 2013 (was, January 1, 2013), making those terms expire on July 31, 2013 (was, June 30, 2013).
If House Bill 834 becomes law, Section 4.6 of the bill will become effective when it becomes law (was, June 30, 2013).
Repeals GS 90-294(c), concerning licensure for Speech and Language Pathologists and Audiologists.
Enacts new subsection GS 90-294(c1), which provides applicability exceptions to the provisions of the article.
Amends GS 90-295, concerning requirements to be eligible for a license to be a speech and language pathologist or an audiologist, adding a requirement that an applicant must exercise good moral conduct.
Amends GS 90-296(a)to require an applicant for licensure (was, permanent licensure) as a speech and language pathologist or an audiologist to pass a written exam approved or established by the Board. Amends GS 90-298(b) to provide that a temporary license is required when an applicant for licensure as a speech and language pathologist or an audiologist has not completed the required supervised experience and passed the required exam (was, required a person holding a temporary license during a supervised experience to take and pass the required exam before the end of the temporary license period).
Amends GS 90-301 regarding grounds for suspension or revocation of a license as a speech and language pathologist, to clarify that the grounds apply to fraud or deceit in connection with services rendered as an audiologist or speech and language pathologist and to add immoral conduct or failure to exercise good moral conduct as grounds for disciplinary action.
AmendsGS 90-302(2) to clarify that the provision applies to the practice of audiology or speech or language pathology.
Amendment #2 adds that if House Bill 74 (Regulatory Reform Act of 2013) becomes law, then it is amended to provide that Section 59.1 becomes effective when it becomes law and (1) GS 130A-295.6(a) (concerning applications for landfills) applies to applications for new permits submitted on or after that date and (2) GS 130A-295.6(h2) applies to new landfills for which a permit is issued on or after that date.
Amendment #3 deletes Section 37 of the act, amending GS 153A-76 (Board of commissioners to organize county government).
Amendment #4 amends Section 2(e) of SL 2013-318 (Pitt County Board of Education) to amend the effective date of the section to specify districts from which the three members are to be elected in 2014 to serve a two-year term. Provides that only the qualified voters of each combination of districts shall elect the one member from that combined district.
Senate committee substitute makes the following changes to the 4th edition.
Amends the long title.
Makes a technical change to GS 97-29(g), correcting a cross-reference.
Makes a technical change to GS 115C-296(b)(1)c, inserting a missing comma. Effective July 1, 2017, and applies beginning with the 2017-18 school year.
Amends GS 115C-366(a3), making organizational changes and clarifying the school enrollment of military children. Provides that students not domiciled in the state are permitted to attend school if residing with an adult domiciled here if the student's parent or legal guardian was on active military duty and deployed. For the purposes of GS 115C-366(a3)(l)(g)1, the term "active duty" does not include periods of active duty for training purposes for less than 30 days. For GS 115C-366(a3)(l)(g)3, active duty is defined as found in GS 115C-407.5. Provides that assignment under GS 115C-366(a3)(l)(g) is only available if some evidence of deployment, medical discharge, retirement, or death is tendered with the required affidavits under subdivision (3) of the subsection.
Amends GS 116E-4(c), 122C-115(a), and 147-33.81(1), making technical changes.
Amends GS 160A-388(b1), making technical changes effective October 1, 2013.
Directs the Revisor of Statutes to replace the term "cash converter" with "currency converter" wherever it appears in the General Statutes.
Repeals Section 28 of SL 2013-129, concerning placement plans in juvenile cases, effective October 1, 2013.
Provides that Section 1(e) of SL 2013-284, concerning duties of the Treasurer, is repealed if Senate Bill 558 of the 2013 Regular Session becomes law.
Amends Section 2 of SL 2007-112, concerning Carteret County occupancy tax, if House Bill 14 becomes law, making conforming changes to a session law amended by two prior session laws, so that the final amendment reads as intended.
Amends GS 14-118.6(b), providing that no filing fee will be charged when filing a Notice of Denied Lien or Encumbrance Filing.
Amends GS 18B-1006(a) to allow special one-time permits, as described in GS 18B-1002(a)(5), to be issued to UNC-Chapel Hill for the Loudermilk Center for Excellence facility.
Enacts new GS 20-62.1(a)(1a)c, providing protection to the Department of Motor Vehicles (DMV) from liability if it reports a vehicle as not stolen based on available information.
Amends SL 2013-323 to direct the DMV to establish procedures and software solutions, including solutions with private entities for the tracking of salvage vehicles. Procedures and/or software solutions are to be implemented on or before October 1, 2014, with updates on implementation being submitted to the Joint Legislative Transportation Oversight Committee.
Enacts new section GS 58-50-260, concerning the NC Health Insurance Risk Pool, providing that insurance operations of the Pool will sunset January 1, 2014. Directs the Commissioner of Insurance to submit for approval a dissolution plan on or before September 1, 2013. Sets out 10 issues the dissolution plan must address. Directs the Commissioner to approve the plan if it is found to be suitable to assure the fair, reasonable, and equitable dissolution of the Pool.
Repeals GS 58-50-225(c) effective January 1, 2015.
Repeals GS 58, Article 50, Part 6, Property and Casualty Actuarial Opinions, effective January 1, 2017.
Repeals GS 58-3-276, Notice relating to the North Carolina Health Insurance Risk Pool.
Amends GS 62-82(a), concerning notice of application for generating facilities, removing a reference to "daily" newspapers, allowing publication of notice in newspapers of general circulation without requiring them to be daily newspapers.
Amends GS 66-420(8), changing an "or" to "and," thereby excluding salvage yards from being considered secondary metals recyclers.
Amends GS 84-2.1, amending the definition of the "practice law" governing attorneys, to exclude the drafting or writing of memoranda of understanding or other mediation summaries by mediators at community mediation centers authorized by GS 7A-38.5, or by mediators of employment-related matters for UNC or constituent institutions or for an agency, commission, or board of the state of North Carolina.
Amends GS 93D-1, clarifying that a "hearing aid specialist" is a person licensed by the Board to engage in the activities within the scope of practice of a hearing aid specialist in North Carolina. Enacts new GS 93D-1.1, concerning the scope of practice of hearing aid specialists, setting out 17 activities that encompass the scope, including performing hearing aid repairs and providing hearing health education. Amends GS 93D-2, 93D-3(c)(6), 93D-5(a), 93D-6, 93D-8(a), 93D-11, 93D-12, and 93D-15, all concerning hearing aid specialists, making conforming changes.
Amends GS 97-26, concerning fees allowed for medical treatment, deleting provisions which previously provided a different schedule for payment of medical treatment for services rendered to workers' compensation patients, now providing that such payment will be based on the Medicare payment methodology.
Amends GS 115D-67.2(b) to amend the membership of the Advisory Board to the North Carolina Center for Applied Textile Technology. Effective when the section becomes law and applies to appointments made for vacancies that arise, or upon the expiration of the existing terms, of members appointed by the NC Manufactures Association Inc., whichever occurs first, with specification as to who the first two and next two appointments are to be made.
Amends GS 116-43.10(c) to remove the requirement that the UNC Board of Governors provide a report on the Academic Common Market program each biennium.
Amends GS 120-133 to provide that nothing in GS Chapter 120 or 132 is construed as a waiver of the common law attorney-client privilege nor of the common law work product doctrine with respect to legislators.
Amends GS 153A-76 to remove the provision excluding a board that has exercised the powers and duties of an area mental health, developmental disabilities, and substance abuse services board as of January 1, 2012, from the prohibition on a board consolidating an area mental health, development disabilities, and substance abuse services board into a consolidated human services board and on abolishing a board, except as provided in GS Chapter 122C.
Amends GS 136-189.10 to amend the definition of regional impact projects to specify that rail lines spanning two or more counties that are no included in (1) of the statute, do not include short line railroads. Also specifies that commuter rail, intercity rail, and light rail are included under public transportation services that span two or more counties and that serve more than one municipality. Amends the definition of division needs projects to make similar changes. Amends GS 136-189.11(b) to exclude Metropolitan Planning funds from the statute. Amends GS 136-189.11 to amend the provisions concerning the regional impact projects, the division need projects, and the criteria for nonhighway projects to require that Transportation Division Engineer local input scoring take into account public comments and adding other requirements concerning the public comments. Further amends the alternate criteria for division needs projects to include in the computation of each of the division equal shares a project required in support of a time-critical job creation opportunity which would be classified as transformation, provided that the total state investment in each fiscal year for all projects funded under the sub-subdivision does not exceed $10 million in the aggregate and $5 million per project. Amends GS 136-189.11 to clarify and add to the information that must be included on the Department's website concerning the strategic transportation investments. Amends GS 136-89.199 to provide that the designation of lanes a high-occupancy toll or other type of managed tolls must not reduce the number of existing non-toll general purpose lanes (was, existing general purpose lanes). Amends GS 120-52 to require that the Joint Legislative Transportation Oversight Committee be funded by appropriations made from the Highway Trust Fund to the Department of Transportation. Amends Section 6.1 of SL 2013-183 to require that the formula implementation report also indicate differences between the criteria and weights for highway and non-highway modes between the workgroup recommendations and the final Department recommendations. Amends GS 136-189.11 to require the Department to endeavor to continually improve the method and criteria used to score highway and non-highway projects and methods to strengthen the data collection process. Requires continuation of the workgroup process to develop improvements to the prioritization process. Specifies a nonexclusive list of workgroup participants and sets out other requirements for the workgroup. Requires an annual report to the joint Legislative Transportation Oversight Committee, beginning December 1, 2016, on any changes made to the highway or non-highway prioritization process and the resulting impact on the State Transportation Improvement Program. Amends Section 6.2 of SL 2013-183 to add that the state transportation improvement program transition report must also include recommendations to restructure maintenance operations and funding to improve efficiency, achieve greater cost effectiveness, and streamline operations to best apply limited resources to the state's maintenance needs.
Provides that if Senate Bill 485 (UNC/Report/E-Commerce/Improvements) becomes law, then GS 143-64.70 (reporting requirements for personal service contracts) is amended to delete the provision exempting the University of North Carolina from the statute.
Provides that if Senate Bill 315 (Municipal Services) and House Bill 857 (Public Contracts/Construction Methods/DB/P3) become law, then S 315, Section 5 (allowing Durham County to contract for the design and construction or design, construction, and operation of water treatment and wastewater treatment plant projects to provide services throughout the county without being subject to the specified requirements), is repealed.
Provides that if Senate Bill 402 (Appropriations Act) becomes law, then GS 143B-426.52(d) is amended to clarify that the NC Industrial Commission must adopt rules for the determination of eligibility and the processing of eugenics compensation claims in accordance with GS 150B-21.1. Adds that the rules expire on the earlier of the date all claims are finally adjudicated or June 30, 2018.
Amends GS 160A-424 to clarify that a city may not adopt or enforce an ordinance requiring any owner or rental property manager to get a permit or permission to lease or rent residential real property, except for those individual rental units (was, those properties) that have described violations.
Amends Section 1 of SL 2007-86, as amended, to provide that electronic notice of public hearings may be in lieu of traditional publication methods.
Repeals SL 2011-148 (Opt Out of Fed'l Loan Program/Comm. Colleges), SL 2011-154 (Comm. Colleges/Opt Out of Fed'l Loan Program), SL 2011-155 (Comm. Colleges/Opt Out of Fed'l Loan Program), and SL 2011-178 (Comm. Colleges/Opt Out of Fed'l Loan Prog-2).
Amends SL 2013-199 to make Section 20 (amending the definition of private passenger motor vehicle to include a pickup truck or van owned by an individual or by husband and wife or individuals in the same household if it has a gross vehicle weight of less than 14,000 and is used for specified purposes) of the act effective January 1, 2014 (was, January 1, 2015).
Provides that if House Bill 74 (Regulatory Reform Act of 2013) becomes law, Section 12, concerning child care providers' criminal history checks, is repealed.
Provides that if House Bill 269 (Children with Disabilities Scholarship Grants) becomes law, Section 7 is amended to add that a child who meets the requirements of GS 115C-112.2(a)-(e) who is also eligible for enrollment in kindergarten or first grade during the 2013-14 school year is eligible to receive a scholarship grant for the spring semester of the 2013-14 school year.
Amends GS 20-4.01, clarifying and amending the definitions for an all-terrain vehicle or ATV and utility vehicle.
Unless otherwise provided, provisions are effective when the act becomes law.
Summary date: Jun 24 2013 - View Summary
Senate committee substitute to the 3rd edition makes the following changes.
Amends the act's long title.
Amends GS 19A-2 by referring to actions filed under the Article (Article 1, Civil Remedy for Protection of Animals) instead of under GS Chapter 19A and specifies that the venue is in the county where any violation is alleged to have occurred (removes the requirement that it be filed in superior court).
Amends GS 20-171.19(a) to clarify that a person is required to wear eye protection and a helmet when operating an all-terrain vehicle on a public street or highway or public vehicular area when such operation is otherwise legally permitted.
Amends GS 62-333 to make language gender neutral.
Amends GS 116-201(b)(1) to make technical and clarifying changes.
Amends GS 143B-721 to make the catchline gender neutral.
Amends Section 1(b) of SL 2013-1 to make a technical correction.
Amends Section 2 of SL 2013-26 to provide that the Charlotte Charter is located in SL 2000-26.
Amends Section 3 of SL 2013-55 to correct the number of the statute being amended to GS 47-29.1 (was, GS 47-29).
Provides that if House Bill 656 of the 2013 Regular Session becomes law, then GS 20-28.2(a1)(2) will be amended to provide that an innocent owner includes a motor vehicle owner that (1) is a rental car company as defined in GS 66-201(a), and the vehicle was driven by a person who is not listed as an authorized driver on the rental agreement, as defined in GS 66-201 or (2) a rental car company as defined in GS 66-201(a) and the vehicle was driven by a person who is listed as an authorized driver on the rental agreement as defined in GS 66-201 and if the offense resulting in seizure was an impaired driving offense, the rental car company has no actual knowledge of the revocation of the renter's driver's license at the time the rental agreement is entered, or if the offense resulting in seizure was a felony speeding to elude arrest offense, the rental agreement expressly prohibits use of the vehicle while committing a felony. Changes will become effective December 1, 2013.
Amends GS 83A-3(c) to provide that the NC Board of Architecture has the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same way as a private person or corporation, subject only to approval of the Governor and the Council of State. Provides that collateral that is pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.
Provides that if House Bill 276 of the 2013 Regular Session becomes law, then GS 160A-388(b1) will be amended to provide for a technical and clarifying change, effective October 1, 2013.
Amends the enactment clause, clarifying that the act is effective when it becomes law except where otherwise provided.
Summary date: May 13 2013 - View Summary
House amendment makes the following changes to the 2nd edition.
Changes the long title.
Enacts new subsection, GS 83A-3(c), providing that the Board of Architecture (Board) has the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Provides that collateral pledged by the Board for an encumbrance will be limited to the assets, income, and revenues of the Board.
Summary date: May 8 2013 - View Summary
House committee substitute to the 1st edition makes the following changes.
Amends GS 13-1 to clarify that a convicted person's rights are automatically restored upon the unconditional discharge by the agency of the state having jurisdiction of that person (was, by the Division of Adult Correction of the Department of Public Safety).
Amends GS 15A-145.5 to provide that a person may file a petition for expunction of a nonviolent conviction if the person has no other misdemeanor or felony convictions, other than a traffic violation [was, and was also convicted of a nonviolent misdemeanor or nonviolent felony that is eligible pursuant to (b)].
Amends GS 20-183.2(a1) to exempt from safety inspection historic vehicles described in GS 20-79.4(b)(88) [was, defined in GS 20-79.4(b)(63)].
Amends GS 28A-2-6(e) to make a technical correction to a rule number.
Amends GS 115D-12 to make a clarifying change.
Amends GS 122C-22 to make a technical format change.
Amends GS 143B-1100 to provide that the Governor's Crime Commission of the Department of Public Safety consists of 37 (was, 36) members and five (was, six) nonvoting members.
Summary date: Feb 12 2013 - View Summary
Amends GS 14-17(a) to clarify that a person under the age of 18 at the time of a first-degree murder committed by means as specified in subsection (a) is to be punished in accordance with Part 2A of Article 81B of GS Chapter 15A (Sentencing for Minors Subject to Life Imprisonment Without Parole).
Amends GS 15A-1340.17(c) to specify that on the Prior Record Level chart, a Class A felonyincludes life imprisonment with parole or without parole, or death as established by statute (was, without parole or death).
AmendsGS 74-54(b), GS 74-54.1(c), and GS 74-67, deleting references to the North Carolina Mining and Energy Commission and replacing them with Commission, referencing the Interstate Mining Commission.
Makes additional technical changes and corrections to various provisions in the General Statutes.