Senate committee substitute makes the following changes to 3rd edition.
Amends the definition for communications service to clarify that the term does not apply to the sharing of data or voice between governmental entities for internal governmental purposes. Amends the definition for high-speed Internet access service to define it as Internet access service with transmission speeds that are equal to or greater than the requirements for basic broadband tier 1 service as defined by the Federal Communications Commission (FCC) for broadband data gathering and reporting.
Clarifies that the term unserved area as used in subsection (b) of proposed GS 160A-340.2 (exemptions) means a census block as designated by the most recent census of the U.S. Census Bureau, as defined. Provides that a city may petition the FCC to serve multiple contiguous unserved areas in the same proceeding. Also provides that for the purposes of subsection (c), corporate limits means the corporate limits of the city as of April 1, 2011, or as expanded through annexation. Identifies the specific service areas for the joint agency operated by the cities of Davidson and Mooresville, for the city of Salisbury, and for the city of Wilson. Provides that the exemptions provided in the statute do not exempt a city or joint agency from laws and rules that generally apply to governmental services, including prohibitions against discrimination. Provides that a city subject to the exemption in subsection (c) of proposed GS 160A-340.2, which provides communications service to a customer outside of the limits specified in subsection (c), has 30 days from the date of notice or discovery of the action to stop providing service to the customer without losing the exemption.
Provides that the special election that a city must hold before incurring debt for constructing a communications system must be on the question of whether the city may provide communications service (was, on the question of whether the city should incur the debt for the proposed purposes). Provides that if the majority of the votes cast are in favor of providing communications service (was, in favor of the city incurring the debt) then the city may incur the debt for the service. If the majority of votes oppose the city providing communications service, then the city cannot incur the debt.
Makes technical corrections and other clarifying changes.
The Daily Bulletin: 2011-04-27
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The Daily Bulletin: 2011-04-27
Intro. by Avila. |
House committee substitute makes the following changes to 1st edition. Adds a new section GS 58-3-31, establishing the Seniors' Health Insurance Information Program within the Department of Insurance (Department) as a statewide health benefits counseling program to provide the state's Medicare beneficiaries with counseling in Medicare, Medicare supplement insurance, long-term care insurance, and related health care coverage plans.
Eliminates language in new GS 58-50-131(b), which allowed for the request of a hearing in the event the Commissioner of Insurance (Commissioner) disapproves a filing. Eliminates language in new GS 58-50-131(c), which directed the Commissioner to use incurred claims experience and earned premium as basis to establish minimum standards for loss ratios of policies subject to the statute. Replaces the term 'licensed producer' with 'licensed agent' in new GS 58-33-27. Clarifies that nothing in proposed GS 58-3-285(b) requires an insurer to offer nondependent child coverage or maternity coverage within an offer of nondependent child coverage. Creates a new subsection (c) to new GS 58-33-27, stating that if other property losses occur in conjunction with the loss associated with the portable consumer electronic device, the individual who performs duties as described in GS 58-33-10(2) on the total loss, including the loss associated with the portable consumer device, must hold an adjuster's license. Makes clarifying changes to proposed GS 58-33-27(b).
Adds new section to rewrite GS 97-130 to remove the approval of the Commissioner as necessary in the definition of 'Servicing Facility.' Adds new section to rewrite GS 97-131 to remove the approval of the Commissioner as necessary for the Association to perform functions under a Plan of Operation established or amended, or both, by the Board.
Clarifies that the Association must annually operate and provide an Association Aggregate Security System through a combination of cash on deposit in the Fund, securities, surety bonds, irrevocable letters of credit, insurance, reinsurance, or other financial instruments or guarantees owned or entered into by the Association. Makes a conforming change.
Adds new GS 58-8-36, clarifying that statewide multiline limited assessable mutual insurance companies are not subject to GS 58-33-85(b). Adds new subsection (b) to GS 58-64-85 providing that licensed facilities and
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providers that are also subject to the provisions of the North Carolina Condominium Act under GS Chapter 47C are not subject to the provisions of GS Chapter 39A if the facility's declaration of condominium does not require the payment of any fee or charge not otherwise provided for in a resident's contract for continuing care, or other separate contract for the provisions of membership or services.
Makes other technical, organizational, and clarifying changes. Makes conforming changes to the bill title.
Intro. by Dockham. |
House committee substitute makes the following changes to 1st edition.
Amends proposed GS 58-21-3 to add that the Commissioner of Insurance (Commissioner) is also authorized to enter into a cooperative agreement or interstate agreement or compact to facilitate the collection, allocation, and disbursement of premium taxes attributable to nonadmitted insurance, provide for uniform methods of allocation and reporting among nonadmitted insurance risk classifications, and share information relating to nonadmitted insurance premium taxes among states. Also authorizes the Commissioner to enter into an interstate compact or interstate agreement to carry out the Nonadmitted and Reinsurance Reform Act of 2010. Makes organizational changes.
Amends proposed GS 58-21-4 to include the collection of the premium tax under GS 58-21-85 among the ministerial functions for which the Commissioner may contract with nongovernmental entities. Permits the NAIC or other entity with whom the Commissioner contracts to charge a reasonable fee to the insurer, insured, or other appropriate person for the functions performed. Directs the Revenue Laws Study Committee to study the potential impact of a state compact in a nonadmitted insurance multistate agreement, as detailed.
Deletes sections amending GS 58-21-85, which required licensed persons to collect and pay the Commissioner 5% of the gross premiums charged for surplus lines insurance, and GS 58-28-5(b), which concerned multistate risks and premium taxes. Adds a section to amend the definition of risk retention group in GS 58-22-10(10) as follows: the term means any corporation or other limited liability association that, among other things, (1) is only owned by persons comprising the membership of the risk retention group and who receive insurance from the group or (2) is solely owned by an organization whose (a) only members comprise the risk retention group and (b) whose only owners comprise the risk retention group and receive insurance by the group (clarifies current language). Makes other clarifying changes.
Makes a conforming change to the bill title to reflect bill content.
Intro. by Dockham. |
House committee substitute makes the following changes to 1st edition. Makes a technical change.
Intro. by Horn. |
House committee substitute makes the following change to 1st edition. Makes a technical change only.
Intro. by Murry, Dockham, Barnhart. |
House committee substitute makes the following change to 1st edition. Changes effective date of the amendment to GS 15A-1343(b1) to December 1, 2011 (was, effective when the act becomes law).
Intro. by Guice, Ingle, Faircloth. |
House committee substitute makes the following changes to 1st edition.
Amends proposed GS 153A-348(c) and 160A-364.1(c), adding that a party who files a timely appeal from an order, requirement, decision, or determination made by an administrative official contending that the party is in violation of a zoning or unified development ordinance is not barred from raising in the appeal the invalidity of the ordinance as a defense. Makes a clarifying change, and makes a conforming change to the title.
Intro. by Jordan, Stam, Moffitt, Stevens. |
House committee substitute makes the following changes to 1st edtion.
Amends proposed GS 15A-1331B, clarifying Class B1 and B2 felonies (rather than Class B). Clarifies that at the time the state prays judgment, or 12 months from the date of the prayer for judgment continued order, whichever is earlier, then the court must enter a final judgment unless the court finds that it is in the interest of justice to continue the order for prayer for judgment continued. Provides that the order must be continued for a specific period of time not to exceed 12 months, if the court continues the order for PJC. Prohibits the court from continuing a prayer for judgment continued order for more than one additional 12-month period. Makes a conforming change to the bill title.
Intro. by Spear. |
Identical to S 671, filed 4/19/11.
Adds to list of business and energy tax credits in GS Chapter 105, Article 3B, tax credit for development of smart electric grid technology. Provides detailed definition of this technology, including (1) integrated communications; (2) advanced components, including storage devices such as plug-in hybrid electric vehicles and advanced batteries, and appliances that delay operation in response to price signals; (3) advanced control and monitoring methods permitting rapid diagnosis and response to events; (4) sensing and measuring devices, such as those providing real-time information about capacity and consumption; and (5) devices and software permitting better decision-making at all levels of the grid. Amount of credit is percentage (either 15% or 20%) of qualifying expenses exceeding $50,000. Qualifying expenses are of two types: (1) compensation, wages, and other benefits paid to a full-time employee and (2) payment for services made to a community college or research university in the state. Prohibits taxpayer from double benefit by additionally claiming credit under certain other statutory provisions for same expenses. Effective July 1, 2011.
Intro. by Bordsen, Martin. | GS 105 |
The Daily Bulletin: 2011-04-27
Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Amends GS 20-141.1 and 20-141(e1) to clarify that the penalty for speeding in a school zone or on school property is $250 (rather than not less than $250).
Intro. by Allran. |
Senate committee substitute makes the following changes to 1st edition. Makes clarifying changes.
Intro. by Apodaca, Tillman, Nesbitt. |
Senate amendment makes the following changes to 2nd edition, as amended. Removes language in GS 153A-77(b)(1) referring to a human services director being appointed and supervised by the human services board under subdivision (2) of the subsection. Removes language in GS 153A-77(e) and 153A-77(e)(1) allowing the county board of commissioners to elect to have the human services director appointed and dismissed by the consolidated human services board. Removes Section 3, deleting proposed changes to GS 153A-76. Makes technical changes.
Intro. by Hartsell |
Senate amendment makes the following changes to 1st edition. Deletes provision requiring the State Board of Education to pilot a United States History assessment during the 2011-12 school year. Makes a conforming change to the title.
Intro. by Tillman, Preston, Soucek. |
Senate committee substitute makes the following changes to 1st edition. Makes clarifying and technical changes only.
Intro. by Hartsell,Tillman, Preston |
The Daily Bulletin: 2011-04-27
Senate committee substitute makes the following change to 2nd edition. Makes a technical change only.
Intro. by LaRoque | Lenoir |
House committee substitute makes the following changes to 1st edition.
Clarifies that under the pilot program in the Charlotte-Mecklenburg Schools (CMS), the value of each instructional position will be funded according to then-current state funding for such positions, but the CMS has discretion to determine fund allocation among the positions (previous edition granted funds based on the 2010-11 allocation). Adds that the amount of funds will not be less than the amount CMS would have received under the then-current state method for allocating funds. Adds two items for inclusion in the performance salary schedule. Requires CMS to provide periodic updates to employees concerning the performance-based pay structure plan, and to make the plan details public before adoption. Makes a clarifying change.
Intro. by Samuelson. | Mecklenburg |
The Daily Bulletin: 2011-04-27
Amends GS 115C-84.2(a)(1) to provide that a school calendar may include a minimum of either 180 days or 1,000 hours of instruction (was, a minimum of 180 days and 1,000 hours of instruction) covering at least nine calendar months. Allows the local board of education (LEA) to comply with the school calendar requirement in the case of inclement weather by scheduling 1,000 hours of instruction on less than 180 days. Provides that an LEA making a calendar adjustment due to inclement weather meets the minimum 180-day requirement for instruction days. Also provides that teachers employed for a 10-month term are deemed to have been employed for 180 instructional days. Directs that all other employees are to be compensated as if they had worked their regularly scheduled hours for 180 instructional days. Applies only to the Greene County Schools in the 2010-11 school year.
Intro. by Pate. | Greene |
Actions on Bills: 2011-04-27
H 129: LEVEL PLAYING FIELD/LOCAL GOV'T COMPETITION.
H 217: INSPECTION REQUIREMENT SALVAGED VEHICLES.
H 219: SEX OFFENDER REGISTRY AMENDMENTS.
H 297: HOLD ON TO YOUR DRIVERS LICENSE.
H 298: INSURANCE AMENDMENTS.
H 299: SURPLUS LINES/PREMIUM TAX.
H 386: REAL ESTATE LICENSE LAW AMENDMENTS.
H 468: AMEND WEIGHT LIMITS FOR FARM PRODUCTS.
H 483: DNA SAMPLES/ADDITIONAL FELONIES.
H 578: STATE HEALTH PLAN/ADDITIONAL CHANGES (NEW).
H 629: SUBSTANCE ABUSE TREATMENT.
H 647: DIABETES TASK FORCE.
H 648: IMPROVE ENFORCEMENT/GENERAL CONTRACTOR LAWS.
H 806: ZONING ST. OF LIMIT./AG. DIST. CHANGE.
H 808: REVISE LAWS ON ADULT CARE HOMES.
H 846: EXPAND ACCESS/DEATH CERTIFICATE/ADULT ADOPTEE.
H 852: LMT PJCS/B1, B2, C, D, OR E FELONIES (NEW).
S 49: INCREASE FINE FOR SPEEDING/SCHOOL ZONES.
S 110: PERMIT TERMINAL GROINS.
S 169: STUDY INNOVATIONS/INCENTIVES IN EDUCATION.
S 268: ENHANCE PROTECTION OF VICTIMS AND WITNESSES.
S 322: ADOPT OFFICIAL STATE SPORT.
S 324: ABC LAW/EASTERN BAND OF CHEROKEE INDIANS.
S 328: REPORT ON TRANSFER OF CAP-MR/DD UR TO LMES.
S 334: EXPAND INPATIENT PSYCHIATRIC BEDS/FUNDS.
S 335: APPLY FOR TBI MEDICAID WAIVER.
S 401: ACH PILOT ON CRISIS INTERVENTION TRAINING.
S 404: DEPT. OF ADMIN/PROCUREMENT MODERNIZATION.
S 421: GAST TRAINING PILOT.
S 433: LOCAL HUMAN SERVICES ADMINISTRATION
S 463: ACCOUNTABILITY FOR TAXPAYER INVESTMENT ACT.
S 479: TESTING IN THE PUBLIC SCHOOLS.
S 487: DISPUTED EARNEST MONEY/ATTORNEYS DEPOSIT.
S 493: CODIFY NC CENTURY FARMS PROGRAM IN DACS.
S 501: SWINE HOUSE RENOVATIONS/SITE LIMITS.
S 514: DEFENSE OF MARRIAGE (NEW).
S 530: PROHIBIT INVOLUNTARY ANNEXATION OF FARMS.
S 569: COMMUNITY COLLEGE EFFICIENCY INITIATIVES.
S 572: COUNTY BROADBAND GRANTS (NEW).
S 576: CHANGES TO FEES FOR TEACHER CERTIFICATION.
S 608: HEALTH CARE SHARING ORGANIZATIONS.
S 609: FACILITATE LOCUM TENENS PHYSICIANS.
S 624: MODIFY HEARINGS & MAILINGS FOR RULE MAKING.
S 744: TRANSPARENCY IN THE COST OF HEALTH CARE.
Actions on Bills: 2011-04-27
H 310: KINSTON MAYORAL VETO.
H 416: EXPAND JOYCE CREEK DISTRICT BOARD.
H 511: GOLDSBORO-WAYNE AIRPORT AUTHORITY.
H 537: WILKES FIRE TAX DIST. BOUNDARIES.
H 546: ALTERNATIVE SALARY PLANS/CHARLOTTE-MECK. SCH.
H 719: OMNIBUS LOCAL ELECTION LAWS (NEW).
S 776: CALENDAR FLEXIBILITY/GREENE COUNTY SCHOOLS.
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