House committee substitute makes the following changes to 2nd edition. Makes clarifying changes.
The Daily Bulletin: 2011-05-11
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The Daily Bulletin: 2011-05-11
Intro. by Crawford. |
House committee substitute makes the following changes to 1st edition.
Amends GS 20-157(f), clarifying that public service vehicle means a vehicle used to assist motorists or law enforcement officers with wrecked or disabled vehicles, or a vehicle used to install, maintain, or restore utility service (was, restore utility service after an unplanned event), including electric, cable, telephone, communications, and gas, or is a highway maintenance vehicle, as detailed.
Intro. by Randleman. |
House amendment makes the following changes to 2nd edition. Deletes amendment to GS 1-53, and instead creates new subdivision (10) to GS 1-54 to add to the list of actions that must be commenced within one year actions contesting the validity of any zoning or unified development ordinance adopted under Part 3 of Article 18 of GS Chapter 153A or Part 3 of Article 19 of GS Chapter 160A or other applicable law, other than an ordinance adopting or amending a zoning map or approving a special use, conditional use, or conditional zoning district rezoning request. Makes conforming changes to the statute reference throughout.
Intro. by Jordan, Stam, Moffitt, Stevens. |
House committee substitute makes the following changes to 2nd edition.
Adds that the term “used for residential purposes” includes any lot or tract used in common for social or recreational purposes by either owners of lots with habitable dwelling units or owners of lots intended for occupation by dwelling units and the lot owners have a real property interest in the commonly used property that attaches to or is appurtenant to the owners’ lots. Makes other clarifying changes to the definitions in proposed GS 160A-58.51. Clarifies that the annexation ordinance must fix the effective date for annexation as June 30 next following the adoption of the ordinance or the second June 30 following adoption. Clarifies and reorganizes the procedures that apply to petitions to deny annexation ordinances, and directs the municipality to reimburse the tax assessor for the costs of the petition process. Clarifies that the municipality must report to the Local Government Commission within six months (rather than 30 days) after the effective date of the annexation ordinance as to whether the extension of water and sewer lines was completed within the specified time period. Amends proposed GS 160A-58.56(f)(2) to clarify, within the definition of “at no cost other than periodic user fees,” that the property owner may be charged no more than as provided in GS 160A-58.56(d) (previously granted the owner a certain credit). Amends proposed GS 160A-58.60(i) to clarify that if part or all of the area annexed is the subject of an appeal on the effective date of the annexation ordinance, then the ordinance will be deemed amended to make the effective date the first June 30th at least six months after the date of the final judgment, or the first June 30th at least six months from the date the municipal governing board completes action to conform to the court’s instructions.
Amends GS 160A-31, as amended by Section 3 of SL 2011-57, by removing previously added language stating that the petition need not be signed by owners of real property wholly exempt from property taxation under the Constitution and laws of North Carolina. Amends GS 160A-31(b1) by reducing the number of households with incomes that are 200% or less than the most recently published poverty threshold needed to petition for annexation, from 2/3 to 51%. Directs, in addition to previous limitations, that the governing board of any municipality annex by ordinance any area the population of which is no more than 10% of that municipality, as specified. Provides that a municipality is not required to adopt more than one ordinance under the subsection in a 36-month period. Amends GS 160A-31(d) by deleting a provision requiring residents of a municipality who question the necessity for annexation to be heard at the public hearing. Creates new subsection (d1) authorizing a governing body to adopt an annexation ordinance with an effective date no later than 24 months after the adoption of the ordinance, upon finding that a petition submitted under subsection (j) meets requirements.. Creates new subsection (d2) to direct, upon a finding that a petition submitted under (b1) meets the requirements of the statute, the governing body, within 60 days of the finding, to estimate the capital costs to the municipality of extending water and sewer lines to all parcels within the area covered by the petition and to estimate the annual debt service payment that would be required if those costs were financed by a 20 year bond. Provides guidelines a governing body must follow to adopt, based on the above estimations, an annex ordinance or a resolution declining to annex the area. Creates new subsection (d3) to require municipal services be provided to an area annexed under subsections (b1) and (j) in accordance with the requirements of Part 7 of the Article.
Amends GS 143B-437.04(a) regarding the requirement that the Department of Commerce adopt guidelines for awarding Community Development Block Grants by adding a new subdivision (3) to require that those guidelines ensure that priority consideration is given to projects located in areas annexed by a municipality under Article 4A of GS Chapter 160A in order to provide water or sewer services to low-income residents. Defines low-income residents as those with a family income that is 80% or less of median family income. Also amends GS 159G-23 to add a new subdivision (9) to direct the Division of Water Quality and the Division of Environmental Health to each establish a system of assigning points to applications based on the criteria that the location of a project is in an area providing water or water services to low-income residents as prescribed in GS 143B-437.04(a), as amended in this act. Provides that this act does not apply to any municipality that requires in its charter that an annexation be approved by (1) either the voters in a referendum or the request of a majority of the property owners, (2) the voters in a referendum, or (3) the request of a majority of the property owners, except for the sections that amend GS 143B-437.04(a), GS 159G-23, and GS 160A-31. Makes a conforming change to provide that this act applies to petitions for annexations under Part I and Part 4 of GS Chapter 160A, Article 4A (was, Part 1).
Makes additional clarifying changes.
Intro. by LaRoque, Dollar. |
As title indicates.
The Daily Bulletin: 2011-05-11
Senate committee substitute makes the following changes to 3rd edition. Amends proposed GS 115C-238.56B to clarify that a regional school is a school created under proposed GS 115C-238.56C which includes grades nine through twelve and may include grades seven and eight. Also defines regional school board of directors or board of directors as the governing board of a regional school appointed under GS 115C-238.56D.
Amends GS 115B-2(a)(6) to clarify that the waiver of tuition for a student enrolled in a regional school who enrolls in classes at a UNC constituent institution or community college applies only if there is a written agreement between the regional school and the constituent institution or community college.
Under current law, in order to establish a cooperative innovative high school program under Part 9 of GS Chapter 115C, Article 16, a local board of education must make a joint application with at least one local board of trustees of a community college, constituent institution of the University of North Carolina, or private college located in North Carolina. Amends GS 115C-238.50A to define the term local board of education to mean a local board as defined in GS 115C-5(5) or a regional school board of directors as defined in proposed GS 115C-238.56B(5).
Intro. by Brown. |
Senate committee substitute makes the following changes to 1st edition. Amends the title of the Board established in the North Carolina Community Colleges System Office in proposed GS 115D-89.1 to the State Board of Proprietary Schools (was, the State Board of Private Sector Postsecondary Education). Makes conforming changes to various provisions in GS Chapter 115D to replace references to the State Board of Private Sector Postsecondary Education with references to the State Board of Proprietary Schools (Board), or to add references to the State Board of Proprietary Schools, as applicable. Clarifies that either the President of the North Carolina Community College System or the President’s designee is to serve on the State Board of Proprietary Schools. Deletes provision that initial appointments to the Board must begin July 1, 2011. Deletes requirement that the Governor convene the membership of the Board on or before January 1, 2012. Clarifies that the Board’s authority to establish certain fees is in accordance with Article 2A of GS Chapter 150B. Deletes changes to subsection GS 115D-95(c) and subdivisions (1) and (2) of subsection (c), which replaced authority of the State Board of Community Colleges with regard to bond waivers, assignment of savings account, and certain certificates of deposit, transferring that authority to the State Board of Private Sector Postsecondary Education. Amends GS 115D-95(b)(2) to provide that bond amounts required with the application for a license as a proprietary school must be evaluated under this subdivision and the rules of the State Board of Community Colleges and the State Board of Proprietary Schools (was, the rules of the State Board of Community Colleges). Makes additional technical and clarifying changes.
Intro. by Apodaca. |
The Daily Bulletin: 2011-05-11
House amendment makes the following change to 2nd edition. Amends the effective date so that the entire act is effective when it becomes law (previously amendment to Section 4.21 of the Greensboro City Charter became effective December 1, 2011).
Intro. by L. Brown. | Guilford |
The Daily Bulletin: 2011-05-11
House committee substitute makes the following changes to 1st edition. Deletes proposed subsection (b1) to GS 160A-301, which allowed cities to retain certain civil penalties collected for parking violations. Makes conforming change to title.
Intro. by Preston. | Carteret |
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF MARSHVILLE. Summarized in Daily Bulletin 3/9/11. Enacted May 11, 2011. Effective May 11, 2011.
Intro. by Tucker. | Union |
Actions on Bills: 2011-05-11
H 54: HABITUAL MISDEMEANOR LARCENY.
H 115: NORTH CAROLINA HEALTH BENEFIT EXCHANGE (NEW).
H 168: FARMS EXEMPT FROM CITY ANNEXATION & ETJ (NEW)
H 222: ELECTRIC VEHICLE INCENTIVES.
H 271: PROBATION OFFICER/NO CONCEALED CARRY REQUIRED.
H 318: STATE TREASURER'S INVESTMENTS.
H 345: MODIFY MOVE OVER LAW.
H 379: UNIFORM DEPOSITIONS AND DISCOVERY ACT.
H 380: AMEND RCP/ELECTRONICALLY STORED INFORMATION.
H 388: RECLAIMED WATER CROSS-CONNECTION CONTROL (NEW).
H 406: VOLUNTARY AGRICULTURE DISTRICTS.
H 423: CH. PROTECT. SERV./CH. CARE SUB./RENT EXEMPT (NEW).
H 451: DWLR PENALTIES INCREASED/ VEHICLE SEIZURES.
H 484: TRANSFER EMERGENCY FORECLOSURE PROGRAM TO HFA.
H 490: RENAME YADKIN RIVER BRIDGE.
H 493: LANDLORD TENANT LAW CHANGES.
H 542: TORT REFORM FOR CITIZENS AND BUSINESSES.
H 589: DIVORCE/DVPO/CHILD SUPPORT CHANGES.
H 658: CHANGE EARLY VOTING PERIOD.
H 737: STRENGTHEN CHILD SAFETY LAWS/CARE FACILTIES.
H 769: HIGH SCHOOL TO WORK PARTNERSHIP.
H 804: JOHNSTON MEMORIAL HOSPITAL NOT IN LGERS.
H 806: ZONING ST. OF LIMIT./AG. DIST. CHANGE.
H 845: ANNEXATION REFORM ACT OF 2011 (NEW).
H 929: HONOR MITCHELL COUNTY'S 150TH.
S 125: REGIONAL SCHOOLS (NEW).
S 170: CLARIFY NUISANCE ABATEMENT LAWS.
S 212: CEMETERIES/SURVEY STAMP.
S 244: FIRE AND RESCUE/SURVIVOR'S BENEFIT.
S 300: MISCELLANEOUS SERVICE/PROCESS AMENDMENTS.
S 323: STATE HLTH PLAN/APPROPRIATIONS AND TRANSFER II (NEW).
S 374: LANDOWNER PROTECTION ACT.
S 426: PUBLIC FINANCE LAWS/MUNICIPAL SERVICE DISTS (NEW).
S 428: SELECTIVE VEGETATION AMENDMENTS/W&S STUDY (NEW).
S 484: REPS CREDITS AT CLEANFIELDS PARKS.
S 513: ALLOW SAVINGS PROMOTION RAFFLES.
S 600: OUT-OF-STATE LAW ENFORCEMENT/SPECIAL EVENTS.
S 613: HUNTING & FISHING/ACTIVE DUTY MILITARY.
S 626: LRC TO STUDY FERRY TOLLS/JUV. JUSTICE REFORMS (NEW).
S 648: AMEND LAW RE: SCHOOL DISCIPLINE.
S 661: AUDIT ROANOKE ISLAND COMMISSION AND FRIENDS (NEW).
S 685: MODIFY REGULATION OF PROPRIETARY SCHOOLS.
S 731: ZONING/DESIGN AND AESTHETIC CONTROLS.
S 749: VARIOUS MOTOR VEHICLE LAW CHANGES (NEW).
Actions on Bills: 2011-05-11
H 150: GREENSBORO CHARTER AMENDMENTS (NEW).
H 193: TOPSAIL BEACH RECALL ELECTIONS.
H 194: TOPSAIL BEACH CHARTER AMENDMENT.
H 208: ACQUIRING BY RIGHT-CONDEMNATION OF PROPERTY.
H 414: AMEND RUTHERFORD COUNTY OCCUPANCY TAX.
H 435: MECKLENBURG ENERGY EFFICIENCY/RENEWABLE.
H 532: GRAHAM COUNTY/CEMETERY TAX BY GENERAL LAW.
H 565: MOREHEAD CITY/BEAUFORT BOUNDARY.
S 19: UNION FIRE FEE SUNSET REPEALED.
S 151: WAKE COMMISSIONERS DISTRICTING/VACANCIES (NEW).
S 269: HILLSBOROUGH OCCUPANCY TAX.
S 288: ATLANTIC BEACH/BEAUFORT/PARKING.
S 295: MARSHVILLE CHARTER CONSOLIDATION.
S 431: FONTANA DAM INCORPORATED.
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