The Daily Bulletin: 2013-01-30

The Daily Bulletin: 2013-01-30

PUBLIC/HOUSE BILLS
H 2 (2013-2014) HONOR REPRESENTATIVE WILLIAM L. WAINWRIGHT. Filed Jan 30 2013, A HOUSE RESOLUTION HONORING THE LIFE AND MEMORY OF WILLIAM L. WAINWRIGHT, FORMER MEMBER OF THE GENERAL ASSEMBLY.

As title indicates.

Intro. by G. Graham, Michaux.HOUSE RES
H 3 (2013-2014) HONOR REPRESENTATIVE LARRY R. BROWN. Filed Jan 30 2013, A HOUSE RESOLUTION HONORING THE LIFE AND MEMORY OF LARRY R. BROWN, FORMER MEMBER OF THE GENERAL ASSEMBLY.

As title indicates.

Intro. by Conrad, Lambeth.HOUSE RES
H 4 (2013-2014) UI FUND SOLVENCY & PROGRAM CHANGES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO ADDRESS THE UNEMPLOYMENT INSURANCE DEBT AND TO FOCUS NORTH CAROLINA'S UNEMPLOYMENT INSURANCE PROGRAM ON PUTTING CLAIMANTS BACK TO WORK.

Acknowledges that the General Assembly needs to review and analyze the impact of changes toNorth Carolinatax laws and unemployment insurance lawsin response to the American Taxpayer Relief Act of 2012, signed into law as of January 2, 2013. Makes numerous changes to GS Chapter 96, Employment Security Law.

Makes organizational and clarifying changes to GS 96-5 (created the Employment Security Administration Fund). Deletes language specifying that the Security Administration Fund (Fund), except as otherwise provided in Chapter 96, is subject to the State Budget Act (GSChapter 143C) and the Personnel Act (GS 126-1 et. seq.). Enacts new subsection (a1) to clarify the use of moneys in the Fund. Requires the replacement of lost or improperly expended moneys received from the Secretary of Labor under Title III of the Social Security Act but deletes replacement requirement regarding unencumbered balances in the Fund or any moneys made available to the state via the Wagner-Peyser Act or matching funds made available as a result of the Wagner-Peyser Act. Effective July 1, 2013.

Effective July 1, 2013, deletes subsections(c) and (d) of GS 96-5 and essentially replaces those subsections withnew GS 96-5.1 to clarify the accrual of moneys to the Special Employment Security Administration Fund and the use of moneys in the Fund. Deletes (f) concerning the Employment Security Reserve Fund.

Amends subsection (d) of GS 96-6 regarding the management of funds upon the discontinuance of the Unemployment Trust Fund (UTF). Provides that if the UTF ceases to exist, revenues in the UTF may be invested (was, shall be) in bonds or interest bearing obligations of theUnited Statesor other investments as specified. Provides that the treasurer may (was, shall) dispose of securities or other properties belonging to the Fund only under the direction of the Secretary of the Department of Commerce (Secretary). Makes additional clarifying changes. Effective July 1, 2013.

Enacts new GS 96-6.1 in Article 1, GS Chapter 96 to create a special fund, the Employment SecurityReserve Fund, consisting of revenues received from the tax imposed under GS 96-19.34. Limits the use of the Reserve Funds to the listed purposes. Caps the balance in the Reserve Fund at $50 million or the amount of interest paid the previous September on advances under Title XII of the Social Security Act. Directs that any amount exceeding the cap must be transferred to the Unemployment Insurance Fund. Effective July 1, 2013.

Requires the Office of State Budget and Management (OSBM), in conjunction with the Office of the State Controller and the Department of Commerce (Department), to transfer and allocate any unencumbered cash balance as of June 30, 2013 from the Worker Training Trust Fund and the Training and Employment Accountto the Unemployment Insurance Fund (UI Fund). Directs that each of the special funds be closed after the transfer of funds. Appropriates $10 million from the Special Employment Security Administration Fund to the UI Fund for the 2013-14 fiscal year to be used to make principal payments on advances from the federal government under Title XII of the Social Security Act to the UI Fund to pay unemployment compensation benefits. Specifies factors that must be considered in determining the appropriate number and location of offices under the Department's Division of Workforce Solutions. Effective July 1, 2013.

Recodifies and repeals the existing provisions of Article 2 (Unemployment Division)of GS Chapter 96. Requires that employersreport and remit contributions and the 20%tax on contributionsas required under Article 2 of GS Chapter 96 as it existed on January 1, 2013.Recodifiesthe following statutes as indicated: 96-15 (96-19.80), 96-15.1 (96-19.82), 96-15.2 (96-19.83), 96-16 (96-19.81), 96-17 (96-19.84), 96-18 (96-19.90) and 96-19 (96-19.92).

Adds a new Article 2A, Unemployment Insurance Division, which rewrites, reorganizes, clarifies, and modernizesrepealed Article 2 of GS Chapter 96. Includes definitionsfor terms as they apply in GS Chapter 96.

Enacts new GS 96-19.3 defining employment and what constitutes employment services, also specifies what services do not constitute employment as defined in the statute. Enacts new GS 96-19.4 to provide an expansive definition as to what constitutes an employer. Defines initial unemployment, unemployed, and separation payments in new GS 96-19.6. Effective July 1, 2013.

Ties the minimum and maximum number of weeks allowedfor a UIclaim filed during a six-month base period tothe seasonal adjusted statewide unemployment rate used in that base period. Specifies that one six-month base period begins on January 1 and the other base period begins on July 1. Provides additional criteria for determining the unemployment rate in use and calculating the minimum and maximum number of weeks of UI benefits.Sets the maximum weekly benefit amount at $350.00. Makes additional programmatic changes. Includes guidelines for state and federal extended benefitperiod and eligibility criteria for extended benefits.Provides for the attachment and garnishment of fraudulent overpayments. EffectiveJuly 1, 2013.

Establishes the eight-member Joint Legislative Oversight Committee on Unemployment Insurance, consisting of four members appointed by the Speaker of the House of Representatives and four members appointed by the President Pro Tempore of the Senate. Provides for the operation and staffing of the Committee. Directs the Committee to study and review all unemployment insurance matters, workforce development programs, and reemployment assistance efforts of the state.

Providesthat the Committee may report its findings and recommendations to any regular session of the General Assembly. This provision is effective when it becomes law and expires July 1, 2023.

Enactsnew GS 96-19.30 regarding payment of contributions by an employer and new GS 96-19.31 regarding an updated employer's rate of contribution to the UI Fund effective as of January 1, 2014 and applies to taxable years on or after that date. Provides that all other provisions of proposed Article 2A of GS Chapter 96 effective on July 1, 2013.

Except as otherwise indicated, this act is effective when it becomes law.

Intro. by Howard, Warren, Starnes, Setzer.APPROP, STUDY, GS 96
H 5 (2013-2014) TEMPORARY FUNDING/GROUP HOMES & SCUs (NEW). Filed Jan 30 2013, AN ACT REQUIRING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE TEMPORARY, SHORT-TERM FINANCIAL ASSISTANCE TO (1) GROUP HOMES SERVING RESIDENTS DETERMINED NOT TO BE ELIGIBLE FOR MEDICAID-COVERED PERSONAL CARE SERVICES AS A RESULT OF CHANGES TO ELIGIBILITY CRITERIA THAT BECAME EFFECTIVE ON JANUARY 1, 2013, AND (2) SPECIAL CARE UNITS SERVING RESIDENTS WHO QUALIFY FOR MEDICAID-COVERED PERSONAL CARE SERVICES ON OR AFTER JANUARY 1, 2013.

Directs the Department of Health and Human Services (DHHS) to provide a temporary, monthly payment to a group home for a resident made ineligible for Medicaid-covered personal care services following an assessment conducted before December 31, 2012, under changes made in 2012. Defines a group home as a facility that (1) is licensed under GS Chapter 122C, (2) meets the specified definition of a supervised living facility, and (3) serves adults with a primary diagnosis of mental illness or developmental disability, but who may also have other diagnoses. Requires DHHS to use funds in the Transitions to Community Living Fund for the payments.  Details the amount and other requirements for the payments, which will be provided beginning February 1, 2013, and will expire on June 30, 2013.

Intro. by Dollar, Burr. UNCODIFIED
H 6 (2013-2014) NC RIGHT TO WORK/SECRET BALLOT AMENDMENTS. Filed Jan 30 2013, AMENDING THE NORTH CAROLINA CONSTITUTION TO GUARANTEE THE RIGHT OF AN INDIVIDUAL TO WORK, TO MAKE CONTRACTS BETWEEN A UNIT OF GOVERNMENT AND A LABOR ORGANIZATION AS BARGAINING AGENT CONCERNING PUBLIC EMPLOYEES ILLEGAL, AND TO PRESERVE THE RIGHT OF AN INDIVIDUAL TO VOTE BY SECRET BALLOT FOR AN ELECTION, DESIGNATION, OR AUTHORIZATION FOR EMPLOYEE REPRESENTATION BY A LABOR ORGANIZATION.

Subject to approval by voters at the statewide election in November 2014, amends Article I of the North Carolina Constitution in the following ways. Adds new Section 38 to declare as the public policy of North Carolina that the right to work will not be denied or abridged due to membership or nonmembership in any labor union or association. Adds new Section 39 to make any agreement or contract between a unit of government and a labor or trade union acting as bargaining agent illegal and void. Adds new Section 40 to provide that the right to vote by secret ballot for employee representation by a labor organization is guaranteed where law permits or requires such elections. 

Intro. by Tillis, Moffitt, Murry.CONST
H 7 (2013-2014) EUGENICS COMPENSATION PROGRAM. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE MONETARY COMPENSATION TO PERSONS ASEXUALIZED OR STERILIZED UNDER THE AUTHORITY OF THE EUGENICS BOARD OF NORTH CAROLINA.

Adds new Part 30, Eugenics Asexualization and Sterilization Compensation Program, to Article 9 in GS Chapter 143B, to give a $50,000 lump sum in compensation to every qualified recipient. Defines qualified recipient as an individual asexualized or sterilized by the Eugenics Board of NC, who was living on May 16, 2012. Allows individuals to submit a claim for compensation on or before December 31, 2015, and authorizes a personal representative to submit a claim for an individual who died on or after May 16, 2012. Sets out the procedure for the NC Industrial Commission to determine whether individuals are qualified recipients and provides the right to appeal. Directs the Industrial Commission to use $184,000 of 2013-14 appropriated funds to administer this provision. Creates the Office of Justice for Sterilization Victims in the Department of Administration (DOA) to assist individuals who may be qualified recipients, and directs DOA to use $654,000 of 2013-14 appropriated funds to cover expenses.

Makes all records received or submitted under Part 30 confidential. Makes conforming changes to GS 132-1.23 and allows release of minutes or reports from the Eugenics Board if identifying information is redacted. Exempts payments of compensation from income taxation and specifies that the payments are not considered income or assets for purposes of determining eligibility for public assistance. Makes conforming changes to GS 105-134.6(b) and by enacting GS 108A-26.1. Prohibits the extension of any statute of limitations that expired before July 1, 2013, and limits the state's liability to the compensation amount.

Directs the State Controller to establish the Eugenics Sterilization Compensation Reserve to pay the compensation under Part 30 and directs that $10 million be reserved in the General Fund to the Compensation Reserve.

Effective when the act becomes law, directs the Department of Health and Human Services to submit specified state plan amendments to the Centers for Medicare and Medicaid Services by July 1, 2013, to allow for income disregard of the compensation payments. Directs the Department of Cultural Resources to electronically scan and index records and minutes of the Eugenics Board and requires DOA to create an electronic database of the information. Directs the Department of Cultural Resources to use $57,000 and directs DOA to use $155,000 from 2013-14 appropriated funds for these projects.

Effective July 1, 2013, unless otherwise indicated.

Intro. by Tillis, L. Hall, Stam, Hamilton.GS 105, GS 108A, GS 132, GS 143B
H 8 (2013-2014) EMINENT DOMAIN. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY CHANGES.

Subject to approval by voters at the statewide election on November 4, 2014, adds new Section 19.1 to Article 1 of the North Carolina Constitution prohibiting private property from being taken by eminent domain except for a public use. Makes conforming statutory changes. If approved, effective when the act becomes law.

Intro. by McGrady.CONST, GS 40A
H 9 (2013-2014) SPEAKER/PRO TEM TERM LIMITS. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT AMENDING THE NORTH CAROLINA CONSTITUTION TO LIMIT THE TERMS OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE TO TWO GENERAL ASSEMBLIES.

Amends the North Carolina Constitution (Constitution) as the title indicates. Proposes that only service as Speaker of the House of Representatives (Speaker) for any part of an odd-numbered year constitutes service as Speaker for that General Assembly for the purposes of the Constitution, Article II, Section 15 as amended.

Proposes that only service as President Pro Tempore of the Senate (President Pro Tem) for any part of an odd-numbered year constitutes service as President Pro Tem for that General Assembly for the purposes of the Constitution, Article II, Section 14 as amended.

Directs that both of the proposed amendmentsbe submitted to the qualified voters of the State at the November 2014 general election with a "for" or "against" question presented on the ballot regarding the constitutional amendments providing that the Speaker and the President Pro Tem may not serve more than two terms.

Provides that if the majority vote is in favor of the proposed amendments that (1) the State Board of Elections is to certify the amendments to the Secretary of State and (2) the amendments become effective upon the convening of the next General Assembly on or after January 1, 2015. Prohibits service as Speaker or President Pro Tem prior to January 1, 2015 from being considered for purposes of the proposed amendments.

Intro. by Tillis.CONST
H 10 (2013-2014) REMOVE ROUTE RESTRICTION FOR NC 540 LOOP. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO REMOVE THE RESTRICTION ON THE TURNPIKE AUTHORITY'S SELECTION OF A CORRIDOR LOCATION FOR THE SOUTHEAST EXTENSION PROJECT OF N.C. 540.

Amends GS 136-89.183(a)(2)a. to provide as title indicates, removing the restriction on the Southeast Extension portion of the Triangle Expressway. Directs the Department of Transportation to expedite the federal environmental impact statement process for the Southeast Extension, and directs the Joint Legislative Transportation oversight Committee to monitor progress.

Intro. by Stam, Dollar. GS 136
H 11 (2013-2014) SPECIAL ELECTION DATES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT SPECIAL ELECTIONS MAY BE HELD ONLY ON THE DATE OF PRIMARY IN EVEN-NUMBERED YEARS, ON THE DATE OF THE GENERAL ELECTION, OR ON THE DATE OF THE MUNICIPAL GENERAL ELECTION, EXCEPT IN CASES OF A PUBLIC HEALTH OR SAFETY EMERGENCY OR FOR RECALL ELECTIONS OF MUNICIPAL INCORPORATIONS GOVERNED BY LOCAL ACT.

Amends GS 163-287 to require a special election called by a local government or special district to be held at the same time as any other state, county, or municipal general election or at the same time as the primary election in an even-numbered year. Creates new subsections (c), (d), and (e) to exempt the following from the requirement: (1) special elections related to the public health or safety if the governing body adopts a resolution stating the need for the special election at a different time from the general election or primary; (2) municipal incorporation or recall elections pursuant to a local act of the General Assembly; and (3) municipal elections to fill vacancies pursuant to a local act of the General Assembly where more than six months remain in the term of office; if less than six months remain, the governing board may fill the vacancy. Specifies that the court's or the State Board of Elections' authority to order a new election is not impacted.

Enacts new GS 163-3 to require special elections be conducted as required by GS 163-287. Amends GS 18B-601(f) (alcoholic beverage election), GS 160A-103 (referendum petition), GS 159-61(b) (bond referendum), and GS 160A-104 (initiative petition) to conform the applicable elections to GS 163-287. Makes additional conforming and clarifying changes to various applicable statutes to provide that special elections must be conducted in accordance with GS 163-287. 

Effective with respect to special elections held on or after January 1, 2014.

Intro. by Warren, Cleveland, Hager.GS 105, GS 115C, GS 18B, GS 69, GS 106, GS 115D, GS 130A, GS 139, GS 147, GS 153A, GS 158, GS 159, GS 160A, GS 162A, GS 163
H 12 (2013-2014) INCREASE RETIREMENT AGE FOR JUDGES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO INCREASE THE MANDATORY RETIREMENT AGE FOR JUDGES AND JUSTICES OF THE GENERAL COURT OF JUSTICE.

Amends GS 7A-4.20 to increase from 72 to 75 the mandatory retirement age for judges and justices of the General Court of Justice. Makes a conforming change to GS 135-57(b) (concerning judicial retirement). Effective December 1, 2013.

Intro. by Daughtry.GS 7A, GS 135
H 13 (2013-2014) STATE AGENCY PROPERTY USE/BIENNIAL REPORT. Filed Jan 30 2013, AN ACT TO (1) REQUIRE STATE AGENCIES TO BIENNIALLY REPORT TO THE DEPARTMENT OF ADMINISTRATION AND TO THE PROGRAM EVALUATION DIVISION ON THEIR USE OF REAL PROPERTY; (2) REQUIRE STATE AGENCIES TO REPORT ANNUALLY THE AMOUNT OF REVENUE GENERATED DURING THE PREVIOUS CALENDAR YEAR FROM THE LEASING OF SPACE ON AGENCY PROPERTY; (3) IMPROVE THE OVERSIGHT AND MANAGEMENT OF STATE-OWNED SUBMERGED LANDS, INCLUDING INITIATING A PROCESS TO INVENTORY CLAIMS ON STATE-OWNED SUBMERGED LANDS; AND (4) CLARIFY THE INFORMATION THAT MUST BE PROVIDED TO THE STATE BUREAU OF INVESTIGATION CONCERNING MISUSE OF STATE PROPERTY.

Enacts new Article 80, Reporting on State Agency Use of Real Property, in GS Chapter 143. Requires each state agency that owns, leases, or otherwise has real property allocated to it to analyze the use of the real property every two years to determine if the real property is unused or underutilized property.

Directs each state agency to report biennially on its use of real property to the Department of Administration (DOA) and the Program Evaluation and Fiscal Research Divisions of the General Assembly on or before September 1 of each even-numbered year. Specifies content that must be included in each agency's biennial report. Provides criteria for designating certain unused and underutilized property as surplus property.

Directs the DOA, upon request, to provide property records to assist a state agency in complying with new Article 80 in GS Chapter 143.

Requires the Department of Public Instruction (DPI) to report annually on or before February 1 the revenue generated from the lease of space on DPI's residential school campuses during the previous year to the Chairs of the House Appropriations Committee, the Chairs of the Senate Appropriations/Base Budget Committee, and the Fiscal Research Division of the General Assembly.

Defines terms as they are used in proposed Article 80. Defines real property to exclude right-of-way property allocated to the Department of Transportation.

Amends GS 143C-8-4 to provide that the biennial reports required from each state agency must be submitted on or before September 1 of each even-numbered year  to the Office of State Budget and Management and the Division of Fiscal Research.

Intro. by Howard, W. Brawley, Moffitt, Wray.GS 143, GS 143C
H 14 (2013-2014) REV LAWS TECHNICAL, CLARIFYING, & ADMIN. CHG. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS AND RELATED STATUTES, AS RECOMMENDED BY THE REVENUE LAWS STUDY COMMITTEE.

Makes technical, clarifying, and stylistic changes to various statutes in GS Chapter 105, as title indicates. Amends GS 105-129.84(c) to clarify that the standard carryforward period (was, five-year period) applies to specified credits granted to growing businesses.

Effective for tax years beginning January 1, 2012, amends GS 105-134.6 to update references to adjusted gross income. Makes conforming changes. Recodifies specified provisions of GS 105-134.7 (concerning transitional adjustments) in GS 105-134.6, and repeals the remainder of GS 105-134.7. Clarifies, in GS 105-151.18, that NC taxable income is defined in GS 105-134.5 for purposes of credits for persons with disabilities.

Sets out the definition for school instructional material and clarifies the definition for storage in GS 105-164.3 (definitions for sales and use tax provisions). Amends GS 105-164.4(a)(3) to clarify that a facilitator must send a retailer any sales price and tax due for an accommodation rental no later than 10 days after the end of each calendar month (rather than within three days of receiving notice). Amends GS 105-164.6(c) to clarify when a credit is allowed against the complementary use tax. Revises the exemptions from sales and use tax for certain types of computer software and certain types of personal property sold by a retailer. Amends GS 105-164.14(b) to provide that a listed hospital is allowed a refund of sales and use taxes paid for over-the-counter drugs (was, medicines and drugs). Also grants this refund to a single member LLC that is disregarded for income tax purposes and that meets specified conditions. Repeals GS 105-164.35 (concerning excessive payments).

Authorizes the Secretary of Revenue to develop a matrix showing the taxability of certain items and permits taxpayers to rely on the matrix. States that a retailer is not liable for an underpayment of tax due to a rate change under specified circumstances. Clarifies, in GS 105-187.51, that a privilege tax is imposed on certain manufacturing plants (was, a manufacturing industry or plant). Amends GS 105-236.1(a) to grant revenue law enforcement officers authority to enforce GS 14-113.20 (identity theft violations) and GS 14-133.20A (trafficking in stolen identities). Clarifies, in GS 105-259(b), the purposes for which tax information may be disclosed. Modifies the confidentiality provisions for information received from administering the unauthorized substances tax.

Modifies the license requirements in GS 105-113.4A for licenses obtained to distribute tobacco products. Amends GS 105-113.4B to modify the reasons for canceling such a license. Deletes the investigation provision in GS 105-113.13; specifies that a bond also includes an irrevocable letter of credit. Effective July 1, 2013.

Adds a definition for advertising and promotional direct mail in GS 105-164.3 (sales and use tax definitions), and makes conforming changes to GS 105-164.4B. Removes the sunset date on modifications to certain register of deeds fees.

Intro. by Howard.GS 105, GS 134
H 15 (2013-2014) VARIOUS EMERGENCY MANAGEMENT CHANGES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO (1) FACILITATE THE USE OF VEHICLES EXCLUSIVELY FOR LAW ENFORCEMENT, FIREFIGHTING, OR OTHER EMERGENCY RESPONSE PURPOSES BY THE DIVISION OF PARKS AND RECREATION OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE NORTH CAROLINA FOREST SERVICE OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; AND (2) DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY METHODS OF ALLOWING PRISONERS TO CONTRIBUTE TO CLEANUP AND MITIGATION EFFORTS IN CONNECTION WITH STATES OF EMERGENCY DECLARED IN THIS STATE.

Amends GS 20-125(b) to add vehicles owned or operated by the Division of Parks and Recreation or the NC Forest Service to the list of state vehicles that must display special lights or other emergency indicators. Makes other clarifying changes. Makes technical and conforming changes to GS 20-130.1. Amends GS 20-145 to provide that the speed limit does not apply to Division of Marine Fisheries, Division of Parks and Recreation, or NC Forest Service vehicles responding to an emergency or in pursuit. Amends GS 20-156(b) to require drivers to yield the right-of-way, and amends GS 20-157(a) to require drivers to move over for these vehicles. Effective October 1, 2013.

Directs the Department of Public Safety to study methods allowing inmates to contribute to cleanup efforts during states of emergency, and to report by October 1, 2013, to specified committees.

Intro. by Faircloth, Saine, Boles. STUDY, GS 20
H 16 (2013-2014) NO N.C. EXCHANGE/NO MEDICAID EXPANSION. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT (1) TO CLARIFY THE STATE'S INTENT NOT TO OPERATE A STATE-RUN OR "PARTNERSHIP" HEALTH BENEFIT EXCHANGE, (2) TO PROVIDE THAT FUTURE MEDICAID ELIGIBILITY DETERMINATIONS WILL BE MADE BY THE STATE RATHER THAN THE FEDERALLY FACILITATED EXCHANGE, AND (3) TO REJECT THE AFFORDABLE CARE ACT'S OPTIONAL MEDICAID EXPANSION.

Identical to S 4, filed 1/30/13.

As title indicates. Repeals language in the 2011 Appropriations Act stating intention to establish a state health exchange in compliance with the Patient Protection and Affordable Care Act (ACA). Repeals GS 58-2-40(10), which granted authority to the Commissioner of Insurance to administer the ACA. States that the General Assembly will define the state's amount of interaction with the federally-facilitated Health Benefit Exchange (Exchange). Provides that the State will no longer draw down Exchange-related grant funds, and requires the Department of Insurance and the Department of Health and Human Services (DHHS) to stop all expenditures funded by specified Exchange-related grants. Requires DHHS to confirm that the NC Families Accessing Services through Technology system will provide Medicaid eligibility determinations for the federal Exchange. States that the General Assembly reserves the authority to decide whether or not to expand Medicaid eligibility under the ACA.

Intro. by Burr, Avila, Hollo, Collins.GS 58
H 17 (2013-2014) GUN PERMITS/CONFIDENTIALITY (NEW). Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION REGARDING CONCEALED HANDGUN PERMITS AND PISTOL PURCHASE PERMITS.

Amends GS 14-269.3(b) to allow a person with a valid concealed handgun permit to possess a handgun in a restaurant as defined in GS 18B-1000(6) or an eating establishment as defined in GS 18B-1000(2) unless the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with GS 14-415.11(c).

Amends GS 14-415.17 to prescribe that a sheriff maintain as confidential (1)the list of persons who are issued a gun permit, and (2) the information collected by the sheriff to process an application for a gun permit. However, maintains requirements that the sheriff make the list of permit holders and their permit information available upon request to all state and local law enforcement officials. Declares that the permit information and the list of permit holders is not a public record under GS 132-1.

Directs the State Bureau of Investigation to make the list of permit holders and the information collected by the sheriff to process an application available to law enforcement officers statewide, but eliminates any requirement to shareinformationwith clerks of courton astatewide system.

Makes conforming changes to GS 14-405.

Amends GS 14-406 torequire that a dealer of pistols and other weapons is to keep records of sales confidential and that such records are not a public record under GS 132-1; however, requires the dealer to makethe records available upon request to all state and local law enforcement agencies.

EffectiveDecember 1, 2013.

Intro. by Burr, Hager, Hollo, J. Bell. GS 14
H 18 (2013-2014) YOUTH SKIN CANCER PREVENTION ACT. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO PROHIBIT PERSONS UNDER EIGHTEEN YEARS OF AGE FROM USING TANNING EQUIPMENT.

Amends GS 104E-9.1 to prohibit allowing a person under age 18 (was, 13)  from using tanning equipment without a written prescription by a physician, physician assistant, or a nurse practitioner. Effective October 1, 2013. 

Intro. by Hollo, Fulghum, Horn, Murry. GS 104E
H 19 (2013-2014) RESPECT OUR FALLEN HEROES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO HONOR FALLEN HEROES BY STRENGTHENING THE LAW THAT PROHIBITS DISORDERLY CONDUCT AT A FUNERAL, MEMORIAL SERVICE, OR PROCESSIONAL ROUTE.

Amends GS 14-288.4, which lists types of disorderly conduct, to provide that demonstrating as described within 500 feet (was, 300 feet) of the ceremonial site for any funeral or memorial service two hours (was, one hour) before or after, or during the service constitutes disorderly conduct. Makes the first offense of this provision a Class 1 misdemeanor (was, Class 2 misdemeanor), a second offense a Class I felony (was, Class 1 misdemeanor), and a third or subsequent offense a Class H felony (was, Class I felony). Applies to offenses committed on or after December 1, 2013.

Intro. by Hastings, T. Moore, Arp, Szoka.GS 14
H 20 (2013-2014) JT SESSION/STATE BD OF ED CONFIRMATION. Filed Jan 30 2013, A JOINT RESOLUTION PROVIDING FOR A JOINT SESSION OF THE GENERAL ASSEMBLY TO ACT ON A JOINT RESOLUTION PROVIDING FOR CONFIRMATION OF THE APPOINTMENTS BY THE GOVERNOR OF NEW MEMBERS TO THE STATE BOARD OF EDUCATION.

As title indicates.

Intro. by T. Moore.JOINT RES
H 21 (2013-2014) JOINT SESSION/STATE BD OF ED CONFIRMATION. Filed Jan 30 2013, A JOINT RESOLUTION PROVIDING FOR CONFIRMATION OF APPOINTMENTS BY THE GOVERNOR OF GREGORY M. ALCORN, WILLIAM W. COBEY, JR., REBECCA H. TAYLOR, A. L. COLLINS, OLIVIA OXENDINE, AND MARCELLA RAMIREZ SAVAGE, AND TO THE STATE BOARD OF EDUCATION.

As title indicates. 

Intro. by T. Moore. JOINT RES
H 22 (2013-2014) AUTHORIZE VARIOUS SPECIAL PLATES. Filed Jan 30 2013, <p>A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE VARIOUS SPECIAL REGISTRATION PLATES.</p>

Enacts new subdivisions to GS 20-79.4(b) to authorize the following types of special registration plates: Flag of the United States of America; Municipality Plate; NC Cattlemen's Association; and Riverlink. Plate issuance is contingent on the receipt of at least 300 plate applications for each plate. Makes revisions to the Register of Deeds and the Vietnam Veterans of America plates. Sets out the special plate fees and distribution amounts for each plate. Amends GS 20-81.12(b2) to add the NC Transportation Museum plate as a state attraction plate.

Intro. by <p>Warren, Stevens, Torbett, Ford.</p> GS 20
H 23 (2013-2014) DIGITAL LEARNING COMPETENCIES/SCHOOL EMP'EES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT DIRECTING THE STATE BOARD OF EDUCATION TO DEVELOP AND IMPLEMENT DIGITAL TEACHING AND LEARNING STANDARDS FOR TEACHERS AND SCHOOL ADMINISTRATORS.

Amends GS 115C-12 by adding a new subdivision (40) as the title indicates. Requires that the State Board of Education include digital competencies and related required professional development as an integral component of initial licensure and licensure renewal requirements for teachers and administrators, beginning with the 2017-18 school year.

Intro. by Horn, Johnson, Saine, Tolson. GS 115C
H 24 (2013-2014) DV ABUSER TREATMENT PROGRAM/AMENDMENTS (NEW). Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE PROCEDURES FOR PERSONS ON PROBATION WHO ARE DIRECTED TO PARTICIPATE IN AN ABUSER TREATMENT PROGRAM AND MAKE CLARIFYING CHANGES RELATING TO DOMESTIC VIOLENCE OFFENSES.

Amends GS 15A-1343(b) (concerning probation conditions) to provide as title indicates. Makes a conforming change. Current law requires noncompliance with a treatment program reported to the court, and requires a compliance review for defendants placed on unsupervised probation and attending a treatment program. Applies to all defendants placed on supervised or unsupervised probation before, on, or after the date the act becomes law.

Intro. by T. Moore. GS 15A
H 25 (2013-2014) AMEND FELONY BREAKING OR ENTERING. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE FELONY OFFENSE OF BREAKING OR ENTERING.

Adds new subsection (a1) to GS 14-54, making any person breaking or entering any building with intent to terrorize or injure an occupant guilty of a Class H felony. Applies to offenses committed on or after December 1, 2013.

Intro. by T. Moore.GS 14
H 26 (2013-2014) STRENGTHEN LAWS/VEHICLE THEFT. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE LAWS PROTECTING AGAINST THE THEFT OF VEHICLES FOR DISASSEMBLY AND RESALE OF PARTS AND TO ASSIST LAW ENFORCEMENT IN THE INVESTIGATION OF ORGANIZED CRIMINAL ACTIVITY ASSOCIATED WITH THE THEFT OF VEHICLES.

Amends GS 14-72.7(a) (chop shop activity) to make it a Class G felony (rather than a Class H felony) to engage in any of the listed activities. Removes the requirement that the person knowingly engaged in the illegal activity, and instead makes a person guilty if the person knows or has reasonable grounds to believe there is an illegal component to the activity.

Amends GS 20-62.1(a) to permit a secondary metals recycler or salvage yard to purchase a motor vehicle 20 model years old or older (was, 10 model years old or older) without a certificate of title if certain conditions are met. Makes any violation of GS 20-62.1 (purchasing vehicles for scrap or parts) a Class I felony (currently, a first violation is a Class 1 misdemeanor and a subsequent violation is a Class I felony).

Applies to offenses committed on or after December 1, 2013.

Intro. by T. Moore.GS 14, GS 20
H 27 (2013-2014) ESCHEAT SAVINGS BOND TRUST FUND/SCHOLARSHIPS. Filed Jan 30 2013, AN ACT TO PROVIDE THAT UNCLAIMED UNITED STATES SAVINGS BONDS SHALL ESCHEAT TO THE STATE, TO DIRECT THE TREASURER TO REDEEM THOSE UNITED STATES SAVINGS BONDS ESCHEATED TO THE STATE, TO CREATE AN ESCHEAT SAVINGS BOND TRUST FUND WITHIN THE ESCHEAT FUND FOR DEPOSIT OF THE PROCEEDS OF THOSE REDEMPTIONS, AND TO PROVIDE THAT INTEREST AND INVESTMENT EARNINGS FROM THE ESCHEAT SAVINGS BOND TRUST FUND SHALL BE USED TO FUND SCHOLARSHIPS TO WORTHY AND NEEDY STUDENTS WHO ARE RESIDENTS OF NORTH CAROLINA AND ARE ENROLLED IN PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN NORTH CAROLINA.

Amends GS 105-228.5(d)(3) (concerning taxes measured by gross premiums) to revise the allocation of the net proceeds of the additional tax on gross premiums on insurance contracts for property coverage as follows. Credits 27% to the Workers' Compensation Fund and 18% to the NC Firemen's and Rescue Squad Workers' Pension Fund (currently, this 45% is credited to the General Fund). Effective July 1, 2013.

Intro. by Howard, Hager, Torbett. GS 105
H 29 (2013-2014) METHAMPHETAMINE/OFFENSE/PENALTIES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO CREATE THE OFFENSE OF POSSESSION OF PSEUDOEPHEDRINE IF THE DEFENDANT HAS A PRIOR CONVICTION FOR THE POSSESSION OR MANUFACTURE OF METHAMPHETAMINE, AND TO AGGRAVATE THE PENALTY FOR MANUFACTURING METHAMPHETAMINE WHEN CHILDREN, DISABLED, OR ELDERLY ARE PRESENT, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON METHAMPHETAMINE ABUSE.

Amends GS 90-95(d1)(1) to create the offense of possession of a pseudoephedrine product by a person previously conviced of the possession or manufacture of methamphetamine.

AmendsGS 15A-1340.16D to provide for an enhanced sentence (an increase of 24 to 48 monthsadded to the minimum term to which the offender is sentenced, depending on the circumstance)if a person is convicted of manufacturing methamphetamine under GS 90-95(b)(1a) and children, the disabled or the elderly are present atthe manufacturing location. Provides that these penalties are cumulative.

Provides that itconstitutes a sufficient pleading for an indictment or information for the offense of manufacturing methamphetamine under GS 90-95(b)(1a) to allege the facts set out in proposed subsection (a1) of GS 15A-1340.16D. Declares that one pleading is sufficient for all felonies tried at a singletrial. Makes conforming changes to subsection (c).

Effective December 1, 2013 and applies to offenses committed on or after that date.

Intro. by Horn, Faircloth, Tolson, Stevens.GS 15A, GS 90
H 30 (2013-2014) REPEAL COMBINED M.V. REGISTRATION/TAX SYSTEM. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO REPEAL THE COMBINED MOTOR VEHICLE REGISTRATION RENEWAL AND PROPERTY TAX COLLECTION SYSTEM.

As title indicates. Repeals related session laws and statutes. Requires any funds remaining in the Combined Motor Vehicle and Registration Account to be distributed to participating local governments as specified.

Intro. by Stevens, Starnes.GS 105, GS 20

The Daily Bulletin: 2013-01-30

PUBLIC/SENATE BILLS
S 3 (2013-2014) JMAC MODIFICATIONS (NEW). Filed Jan 30 2013, AN ACT TO MODIFY THE JOB MAINTENANCE AND CAPITAL DEVELOPMENT FUND PROVISIONS.

Appropriates $14 million for 2013-14 from the General Fund to the Department of Justice to build a Western Regional Crime Lab at the Western Justice Academy. Appropriates $1.9 million for 2013-14 and $1.9 million for 2014-15 to staff 19 positions at the Lab. Effective July 1, 2013.

Amends GS 8-58.20(f) (concerning admissibility of forensic analysis reports) to require (was, permit) the admission of the analyst's lab report and affidavit without the analyst's testimony if no written objection is filed. Makes conforming changes to GS 8-58.20(g)(5) (personal appearance by person signing chain of custody statement), GS 20-139.1(c1) (admissibility of blood or urine analysis), GS 20-139.1(c3) (chain of custody statement), GS 20-139.1(e1) (use of chermical analyst's affidavit in district court), and GS 90-95(g) (admissibility of report on matter submitted for analysis). Effective July 1, 2013.

Effective December 1, 2013, makes a conforming change to GS 90-95(g1) to require admission of the statement establishing chain of custody without requiring the personal appearance of the person who signed the statement, unless written objection is filed.

Intro. by Apodaca.APPROP, GS 8, GS 20, GS 90
S 4 (2013-2014) NO N.C. EXCHANGE/NO MEDICAID EXPANSION. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT (1) TO CLARIFY THE STATE'S INTENT NOT TO OPERATE A STATE-RUN OR "PARTNERSHIP" HEALTH BENEFIT EXCHANGE, (2) TO PROVIDE THAT FUTURE MEDICAID ELIGIBILITY DETERMINATIONS WILL BE MADE BY THE STATE RATHER THAN THE FEDERALLY FACILITATED EXCHANGE, AND (3) TO REJECT THE AFFORDABLE CARE ACT'S OPTIONAL MEDICAID EXPANSION.

As title indicates. Repeals language in the 2011 Appropriations Act stating intention to establish a state health exchange in compliance with the Patient Protection and Affordable Care Act (ACA). Repeals GS 58-2-40(10), which granted authority to the Commissioner of Insurance to administer the ACA. States that the General Assembly will define the state's amount of interaction with the federally-facilitated Health Benefit Exchange (Exchange). Provides that the State will no longer draw down Exchange-related grant funds, and requires the Department of Insurance and the Department of Health and Human Services (DHHS) to stop all expenditures funded by specified Exchange-related grants. Requires DHHS to confirm that the NC Families Accessing Services through Technology system will provide Medicaid eligibility determinations for the federal Exchange. States that the General Assembly reserves the authority to decide whether or not to expand Medicaid eligibility under the ACA.

Intro. by Apodaca, Brown, Rucho.GS 58
S 5 (2013-2014) REV LAWS TECHNICAL, CLARIFYING, & ADMIN. CHG. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS AND RELATED STATUTES, AS RECOMMENDED BY THE REVENUE LAWS STUDY COMMITTEE.

Identical to H 14, filed 1/30/13.

Makes technical, clarifying, and stylistic changes to various statutes in GS Chapter 105, as title indicates. Amends GS 105-129.84(c) to clarify that the standard carryforward period (was, five-year period) applies to specified credits granted to growing businesses.

Effective for tax years beginning January 1, 2012, amends GS 105-134.6 to update references to adjusted gross income. Makes conforming changes. Recodifies specified provisions of GS 105-134.7 (concerning transitional adjustments) in GS 105-134.6, and repeals the remainder of GS 105-134.7. Clarifies, in GS 105-151.18, that NC taxable income is defined in GS 105-134.5 for purposes of credits for persons with disabilities.

Sets out the definition for school instructional material and clarifies the definition for storage in GS 105-164.3 (definitions for sales and use tax provisions). Amends GS 105-164.4(a)(3) to clarify that a facilitator must send a retailer any sales price and tax due for an accommodation rental no later than 10 days after the end of each calendar month (rather than within three days of receiving notice). Amends GS 105-164.6(c) to clarify when a credit is allowed against the complementary use tax. Revises the exemptions from sales and use tax for certain types of computer software and certain types of personal property sold by a retailer. Amends GS 105-164.14(b) to provide that a listed hospital is allowed a refund of sales and use taxes paid for over-the-counter drugs (was, medicines and drugs). Also grants this refund to a single member LLC that is disregarded for income tax purposes and that meets specified conditions. Repeals GS 105-164.35 (concerning excessive payments).

Authorizes the Secretary of Revenue to develop a matrix showing the taxability of certain items and permits taxpayers to rely on the matrix. States that a retailer is not liable for an underpayment of tax due to a rate change under specified circumstances. Clarifies, in GS 105-187.51, that a privilege tax is imposed on certain manufacturing plants (was, a manufacturing industry or plant). Amends GS 105-236.1(a) to grant revenue law enforcement officers authority to enforce GS 14-113.20 (identify theft violations) and GS 14-133.20A (trafficking in stolen identities). Clarifies, in GS 105-259(b), the purposes for which tax information may be disclosed. Modifies the confidentiality provisions for information received from administering the unauthorized substances tax.

Modifies the license requirements in GS 105-113.4A for licenses obtained to distribute tobacco products. Amends GS 105-113.4B to modify the reasons for canceling such a license. Deletes the investigation provision in GS 105-113.13; specifies that a bond also includes an irrevocable letter of credit. Effective July 1, 2013.

Adds a definition for advertising and promotional direct mail in GS 105-164.3 (sales and use tax definitions), and makes conforming changes to GS 105-164.4B. Removes the sunset date on modifications to certain register of deeds fees.

Intro. by Rucho.GS 105, GS 134
S 6 (2013-2014) UI FUND CHANGES (NEW) Filed Jan 30 2013, AN ACT TO TRANSFER FUNDS TO THE UNEMPLOYMENT INSURANCE FUND TO MAKE PRINCIPAL PAYMENTS ON THE TWO AND ONE-HALF BILLION DOLLAR ADVANCE MADE BY THE FEDERAL GOVERNMENT TO THE UNEMPLOYMENT INSURANCE FUND TO PAY UNEMPLOYMENT COMPENSATION BENEFITS.

Identical to H 4.

Acknowledges that the General Assembly needs to review and analyze the impact of changes toNorth Carolinatax laws and unemployment insurance lawsin response to the American Taxpayer Relief Act of 2012, signed into law as of January 2, 2013. Makes numerous changes to GS Chapter 96, Employment Security Law.

Makes organizational and clarifying changes to GS 96-5 (created the Employment Security Administration Fund). Deletes language specifying that the Security Administration Fund (Fund), except as otherwise provided in Chapter 96, is subject to the State Budget Act (GSChapter 143C) and the Personnel Act (GS 126-1 et. seq.). Enacts new subsection (a1) to clarify the use of moneys in the Fund. Requires the replacement of lost or improperly expended moneys received from the Secretary of Labor under Title III of the Social Security Act but deletes replacement requirement regarding unencumbered balances in the Fund or any moneys made available to the state via the Wagner-Peyser Act or matching funds made available as a result of the Wagner-Peyser Act. Effective July 1, 2013.

Effective July 1, 2013, deletes subsections(c) and (d) of GS 96-5 and essentially replaces those subsections withnew GS 96-5.1 to clarify the accrual of moneys to the Special Employment Security Administration Fund and the use of moneys in the Fund. Deletes (f) concerning the Employment Security Reserve Fund.

Amends subsection (d) of GS 96-6 regarding the management of funds upon the discontinuance of the Unemployment Trust Fund (UTF). Provides that if the UTF ceases to exist, revenues in the UTF may be invested (was, shall be) in bonds or interest bearing obligations of theUnited Statesor other investments as specified. Provides that the treasurer may (was, shall) dispose of securities or other properties belonging to the Fund only under the direction of the Secretary of the Department of Commerce (Secretary). Makes additional clarifying changes. Effective July 1, 2013.

Enacts new GS 96-6.1 in Article 1, GS Chapter 96 to create a special fund, the Employment SecurityReserve Fund, consisting of revenues received from the tax imposed under GS 96-19.34. Limits the use of the Reserve Funds to the listed purposes. Caps the balance in the Reserve Fund at $50 million or the amount of interest paid the previous September on advances under Title XII of the Social Security Act. Directs that any amount exceeding the cap must be transferred to the Unemployment Insurance Fund. Effective July 1, 2013.

Requires the Office of State Budget and Management (OSBM), in conjunction with the Office of the State Controller and the Department of Commerce (Department), to transfer and allocate any unencumbered cash balance as of June 30, 2013 from the Worker Training Trust Fund and the Training and Employment Accountto the Unemployment Insurance Fund (UI Fund). Directs that each of the special funds be closed after the transfer of funds. Appropriates $10 million from the Special Employment Security Administration Fund to the UI Fund for the 2013-14 fiscal year to be used to make principal payments on advances from the federal government under Title XII of the Social Security Act to the UI Fund to pay unemployment compensation benefits. Specifies factors that must be considered in determining the appropriate number and location of offices under the Department's Division of Workforce Solutions. Effective July 1, 2013.

Recodifies and repeals the existing provisions of Article 2 (Unemployment Division)of GS Chapter 96. Requires that employersreport and remit contributions and the 20%tax on contributionsas required under Article 2 of GS Chapter 96 as it existed on January 1, 2013.Recodifiesthe following statutes as indicated: 96-15 (96-19.80), 96-15.1 (96-19.82), 96-15.2 (96-19.83), 96-16 (96-19.81), 96-17 (96-19.84), 96-18 (96-19.90) and 96-19 (96-19.92).

Adds a new Article 2A, Unemployment Insurance Division, which rewrites, reorganizes, clarifies, and modernizesrepealed Article 2 of GS Chapter 96. Includes definitionsfor terms as they apply in GS Chapter 96.

Enacts new GS 96-19.3 defining employment and what constitutes employment services, also specifies what services do not constitute employment as defined in the statute. Enacts new GS 96-19.4 to provide an expansive definition as to what constitutes an employer. Defines initial unemployment, unemployed, and separation payments in new GS 96-19.6. Effective July 1, 2013.

Ties the minimum and maximum number of weeks allowedfor a UIclaim filed during a six-month base period tothe seasonal adjusted statewide unemployment rate used in that base period. Specifies that one six-month base period begins on January 1 and the other base period begins on July 1. Provides additional criteria for determining the unemployment rate in use and calculating the minimum and maximum number of weeks of UI benefits.Sets the maximum weekly benefit amount at $350.00. Makes additional programmatic changes. Includes guidelines for state and federal extended benefitperiod and eligibility criteria for extended benefits.Provides for the attachment and garnishment of fraudulent overpayments. EffectiveJuly 1, 2013.

Establishes the eight-member Joint Legislative Oversight Committee on Unemployment Insurance, consisting of four members appointed by the Speaker of the House of Representatives and four members appointed by the President Pro Tempore of the Senate. Provides for the operation and staffing of the Committee. Directs the Committee to study and review all unemployment insurance matters, workforce development programs, and reemployment assistance efforts of the state.

Providesthat the Committee may report its findings and recommendations to any regular session of the General Assembly. This provision is effective when it becomes law and expires July 1, 2023.

Enacts new GS 96-19.30 regarding payment of contributions by an employer and new GS 96-19.31 regarding an updated employer's rate of contribution to the UI Fund effective as of January 1, 2014 and applies to taxable years on or after that date. Provides that all other provisions of proposed Article 2A of GS Chapter 96 effective on July 1, 2013.

Except as otherwise indicated, this act is effective when it becomes law.

Intro. by Rucho, Rabon, Brock. APPROP, STUDY, GS 96
S 7 (2013-2014) HONOR DON EAST. Filed Jan 30 2013, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF DON W. EAST, FORMER MEMBER OF THE GENERAL ASSEMBLY.

As title indicates.

Intro. by Randleman, P. Berger, Apodaca.JOINT RES
S 8 (2013-2014) INCREASE FINE FOR VEHICLE REMOVAL. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO INCREASE THE FINE FOR THE REMOVAL OF UNAUTHORIZED VEHICLES FROM PRIVATE LOTS PURSUANT TO G.S. 20-219.2.

Amends GS 20-219.2(b) to increase from $100 to no less than $150, the fine imposed for the removal of unauthorized vehicles from private lots. Applies to offenses committed on or after December 1, 2013.

Intro. by Meredith.GS 20
S 9 (2013-2014) UTILITIES/DESIGN/SURVEY LOCATION SERVICES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT REQUIRING UTILITY OWNERS TO LOCATE AND DESCRIBE UNDERGROUND UTILITIES UPON WRITTEN OR ORAL REQUEST FROM A PERSON WHO IS RESPONSIBLE FOR DESIGNING OR SURVEYING UNDERGROUND FACILITIES OR REQUIRES A GENERAL DESCRIPTION AND LOCATION OF EXISTING UNDERGROUND FACILITIES IN AN AREA.

Enacts new GS 87-107.1 to provide as title indicates. Specifies the notice that must be provided to utility owners with underground utilities in the survey area. Requires the utility owner to provide the listed information to the person conducting the survey. Adds a definition for design/survey request to GS 87-101. Applies to design/survey requests made on or after July 1, 2013.

Intro. by Meredith.GS 87
S 10 (2013-2014) GOVERNMENT REORGANIZATION AND EFFICIENCY ACT (NEW). Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT ESTABLISHING THE GOVERNMENT REDUCTION AND EFFICIENCY ACT OF 2013.

Repeals Part 20 of GS Chapter 143B, Article 10 to eliminate the Small Business Contractor Act and the Small Business Contractor Authority.

Terminates the Committee on Dropout Prevention as of July 1, 2013.

Eliminates the State Education Commission established in GS Chapter 143, Article 26. Repeals GS 116C-2 and makes a conforming change to GS 116C-1.

Terminates the National Heritage Area Designation Commission as of July 1, 2013.

Repeals Part 24 of GS Chapter 143B, Article 9 to eliminate the Governor's Management Council.

Repeals GS 90-171.7 to eliminate the Board of Directors of the North Carolina Center for Nursing.

Amends GS 143B-711 to eliminate the Board of Correction. Makes a conforming change, repealing GS 143B-715 (designating duties and responsibilities of the Board of Correction).

Intro. by Apodaca, Hunt, Rabon.GS 90, GS 116C, GS 143B
S 11 (2013-2014) ESTABLISH ORGAN DONATION MONTH. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO DESIGNATE THE MONTH OF APRIL OF EACH YEAR AS ORGAN DONATION AWARENESS/DONATE LIFE MONTH AND TO PROVIDE THAT THE ACT SHALL BE ENTITLED DUFFY'S LAW.

Enacts new GS 103-12, as title indicates.

Intro. by Gunn. GS 103
S 12 (2013-2014) APPOINT SUPERINTENDENT OF PUBLIC INSTRUCTION. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION TO AUTHORIZE THE GOVERNOR TO APPOINT THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.

Subject to approval by voters at the statewide election on November 4, 2014, amends Section 4(2) of Article IX of the NC Constitution to state that the Superintendent of Public Instruction will be appointed by the Governor. Amends Section 7(1) of Article III to remove the Superintendent from the list of elected officers.

Amends GS 115C-18 by deleting the contents and instead providing that the Governor will appoint the Superintendent of Public Instruction. Makes conforming changes to applicable statutes that reference the Superintendent. Makes other technical changes. Provides that statutory amendments become effective January 1, 2017, only if voters approve the proposed constitutional amendments.

Intro. by Tillman.GS 115C, CONST, GS 143A, GS 147, GS 163
S 13 (2013-2014) PROPANE GAS TAX EQUALIZATION ACT. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO CONVERT THE SALES TAX ON CERTAIN SALES OF PROPANE GAS INTO AN EXCISE TAX.

Adds new Article 5J, Propane Gas Tax, to GS Chapter 105 to impose an excise tax of 14¢  per gallon on propane gas in lieu of a sales and use tax. Sets out exemptions and details how the tax must be paid. Provides that the tax is payable by the distributor, as defined, for propane gas sold to an end user. Makes a conforming change to GS 105-164.13 (exemptions from sales and use tax). Effective January 1, 2013.

Effective January 1, 2014, decreases the tax rate to $.108 per gallon. Effective January 1, 2015, decreases the rate to $.076 per gallon. Effective January 1, 2016, decreases the rate to $.043 per gallon.  

Intro. by Tillman.GS 105
S 14 (2013-2014) INCREASE ACCESS TO CAREER/TECHNICAL ED. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO DIRECT THE STATE BOARD OF EDUCATION TO DEVELOP CAREER AND COLLEGE ENDORSEMENTS FOR HIGH SCHOOL DIPLOMAS, INCREASE ACCESS TO CAREER AND TECHNICAL EDUCATION TEACHERS IN PUBLIC SCHOOLS, AND TO WORK WITH THE STATE BOARD OF COMMUNITY COLLEGES TO INCREASE THE NUMBER OF STUDENTS ENROLLING IN CAREER AND TECHNICAL EDUCATION IN HIGH NEED EMPLOYMENT AREAS.

Amends GS 115C-12 as the title indicates. Directs the State Board of Education (SBE) to report annually on the impact of awarding the career and college endorsements on high school graduation, college acceptance and remediation, and post high school employment rates beginning September 1, 2016.

Requires that the SBE make these endorsements available to students who graduate from high school beginning with the 2014-15 school year. Amends GS 115C-296.7(d) to specify that the SBE identify local school administrative units with unmet recruitment needs for career and technical education teachers. Additionally directs the SBE to increase accessibility to the licensure process for career and technical education teachers while maintaining quality of instruction, to develop strategies to increase the number of students engaging in career and technical education, and to increase the enrollment of students in coursework leading to skills in occupations that have a high number of employment opportunities.

Includes requirements specifying when the SBE is to make reports to the Joint Legislative Education Oversight Committee on its progress with the teacher licensure and student enrollment goals.

Intro. by Tillman, Brown, Soucek.GS 115C
S 15 (2013-2014) HONOR JEAN PRESTON. Filed Jan 30 2013, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF JEAN ROUSE PRESTON, FORMER MEMBER OF THE GENERAL ASSEMBLY.

As title indicates.

Intro. by Apodaca, Brown.JOINT RES
S 16 (2013-2014) REVOKE LICENSE FOR PASSING STOPPED SCHOOL BUS. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE DIVISION OF MOTOR VEHICLES SHALL REVOKE A PERSON'S DRIVERS LICENSE FOR PASSING A STOPPED SCHOOL BUS IN VIOLATION OF G.S. 20-217.

Adds new subsection (g1) to GS 20-217, requiring the Division of Motor Vehicles to revoke a person's drivers license for six months if the person is convicted of a misdemeanor under GS 20-217 (requiring vehicles to stop for school buses in certain instances). Requires revocation for two years if the person is convicted of a Class I felony, and revocation for three years if the person is convicted of a Class H felony. Following a first felony conviction, permits the licensee to apply for a limited driving privilege after 12 months of revocation. Applies to offenses committed on or after December 1, 2013.  

Intro. by Bingham.GS 20
S 17 (2013-2014) CONCEALED CARRY PERMITS/VALIDITY. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT CONCEALED HANDGUN PERMITS OBTAINED BY NONRESIDENTS OF THE STATE ISSUING THE PERMIT ARE NOT VALID IN NORTH CAROLINA.

Adds new subsection (d) to GS 14-415.24 to provide that a concealed handgun permit issued by a state to a nonresident of that state is not valid in NC. Makes conforming changes.

Intro. by Bingham.GS 14
S 18 (2013-2014) AMEND LOCKSMITH LICENSE ACT/RAISE FEE CEILING. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT AMENDING THE LOCKSMITH LICENSING ACT, EXPANDING THE AUTHORITY OF THE LOCKSMITH LICENSING BOARD TO REGULATE INSTITUTIONAL LOCKSMITHS, AND RAISING THE CEILING ON CERTAIN FEES.

Amends GS 74F-3 by forbidding any person from possessing any locksmith tools, as defined by GS 74F-4(6), unless the person is licensed as a locksmith under GS Chapter 74F or exempted from the provisions of GS Chapter 74F. Requires licensure for persons providing locksmith services in buildings containing confidential records. Makes the first violation a Class 1 misdemeanor, and any subsequent violation a Class I felony (currently, all violations considered Class 3 misdemeanor).

Rewrites GS 74F-4 to include the term "safes" in the definition of Locksmith services and further expands the definition to include any method of bypassing a locking mechanism of any kind, whether in a commercial, residential, or automotive setting, for compensation. Amends GS 74F-6 by expanding the power of the NC Locksmith Licensing Board (Board) by allowing the Board to obtain certain records of a person or company offering locksmith services, including employees, contractors, and subcontractors. Increases various fees under GS 74F-9. Adds a provision to GS 74F-10(b) allowing the Board, in its discretion, to adjust renewal and reinstatement fees if an applicant whose license has expired can show good cause for such license expiration. Rewrites GS 74F-12(b) to require that all advertisements for locksmith services include a valid license number issued by the Board. Rewrites GS 74F-15 by adding a new subsection that grants the Board power to assess the costs of disciplinary action, including attorneys' fees, against an applicant or licensee found to be in violation of GS Chapter 74F or rules adopted by the Board. Amends GS 74F-16 by rewriting, adding, or clarifying various entities exempted from GS Chapter 74F. Makes other technical and conforming changes.  

Intro. by Bingham.GS 74F
S 19 (2013-2014) BLDG. CONTRACTS/LOCAL BUSINESS PARTICIPATION. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT AUTHORIZING COUNTIES AND CITIES TO REQUIRE BIDDERS ON PUBLIC BUILDING CONTRACTS TO DEMONSTRATE THAT THEY HAVE MADE GOOD FAITH EFFORTS TO RECRUIT PARTICIPATION BY LOCAL BUSINESSES IN THE CONTRACTS.

Enacts new GS 143-128.5 to provide as title indicates. Specifies the good faith efforts that bidders on formal and informal bids must take. Requires each bidder to attach an affidavit to the bid identifying good faith efforts and any participating local businesses, and makes failure to attach an affidavit grounds for rejection. Provides additional requirements for awarding contracts, and requires public records created pursuant to the statute be kept for three years after the project is completed. Applies to solicitation of bids by a local government occurring on or after July 1, 2013.

Intro. by Bingham.GS 143
S 20 (2013-2014) GOOD SAMARITAN LAW/NALOXONE ACCESS. Filed Jan 30 2013, A BILL ENTITLED AN ACT TO PROVIDE LIMITED IMMUNITY FROM PROSECUTION FOR (1) CERTAIN DRUG-RELATED OFFENSES COMMITTED BY AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE FOR A PERSON EXPERIENCING A DRUG-RELATED OVERDOSE AND (2) CERTAIN DRUG -RELATED OFFENSES COMMITTED BY AN INDIVIDUAL EXPERIENCING A DRUG-RELATED OVERDOSE AND IN NEED OF MEDICAL ASSISTANCE; TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR (1) PRACTITIONERS WHO PRESCRIBE AN OPIOID ANTAGONIST TO CERTAIN THIRD PARTIES AND (2) CERTAIN INDIVIDUALS WHO ADMINISTER AN OPIOID ANTAGONIST TO A PERSON EXPERIENCING A DRUG-RELATED OVERDOSE; AND TO PROVIDE LIMITED IMMUNITY FROM PROSECUTION FOR CERTAIN ALCOHOL-RELATED OFFENSES COMMITTED BY PERSONS UNDER THE AGE OF 21 WHO SEEK MEDICAL ASSISTANCE FOR ANOTHER PERSON.

Enacts new GS 90-96.2 to state that a person who seeks medical assistance for another person experiencing a drug-related overdose, as defined, will not be prosecuted for the listed violations if the evidence for prosecution was obtained due to seeking medical assistance. Also prohibits prosecution of a person experiencing an overdose who needs medical assistance, as specified. Enacts new GS 90-106.2 to provide immunity to practitioners who prescribe or distribute an opioid antagonist(which is used to treat a drug overdose), as defined, to certain persons, and to recipients who administer the opioid antagonist to another. Applies to offenses committed on or after December 1, 2013.

Intro. by Bingham, Allran. GS 90
S 21 (2013-2014) PERMANENT LICENSE PLATES FOR CHURCHES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO REAUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE PERMANENT REGISTRATION PLATES TO CHURCH BUSES.

Amends GS 20-84(b) to allow the Division of Motor Vehicles to issue a plate for a church owned bus that is used to transport individuals to church activities.

Intro. by Bingham.GS 20
S 23 (2013-2014) TOBACCO FREE COMMUNITY COLLEGES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE COMMUNITY COLLEGES TO ADOPT WRITTEN POLICIES PROHIBITING THE USE OF TOBACCO PRODUCTS IN BUILDINGS AND FACILITIES, ON COMMUNITY COLLEGE CAMPUSES, AT COMMUNITY COLLEGE-SPONSORED EVENTS, AND IN OR ON OTHER COMMUNITY COLLEGE PROPERTY.

Amends GS 115D-20.1 to require community college boards of trustees, by August 1, 2014, to prohibit the use of tobacco in community college buildings and facilities, on campuses, in community college vehicles, and on other propery owned, leased, or operated by a community college. Makes conforming changes. Removes the Health and Wellness Trust Fund Commission from those entities that must work with boards of trustees in developing the policy.

Intro. by Bingham.GS 115D

The Daily Bulletin: 2013-01-30

LOCAL/HOUSE BILLS
H 28 (2013-2014) HENDERSON COUNTY FIRE DISTRICTS. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW THE BOARD OF COMMISSIONERS OF HENDERSON COUNTY TO STANDARDIZE THE CEILING ON FIRE DISTRICT TAXES IN HENDERSON COUNTY.

Current law allows the Henderson County Board of Commissioners to call an election, upon petition, on the question of increasing a special fire protection district tax. Amends GS 69-25.1 to allow the board by ordinance to increase the tax as detailed.  

Intro. by McGrady, Whitmire.Henderson

The Daily Bulletin: 2013-01-30

LOCAL/SENATE BILLS
S 22 (2013-2014) 33RD SENATORIAL DISTRICT LOCAL ACT-1. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 33RD SENATORIAL DISTRICT.

Blank bill. 

Intro. by Bingham.Caswell, Durham, Person
ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2013-01-30

PUBLIC BILLS

H 2: HONOR REPRESENTATIVE WILLIAM L. WAINWRIGHT.

    House: Filed

H 3: HONOR REPRESENTATIVE LARRY R. BROWN.

    House: Filed

H 4: UI FUND SOLVENCY & PROGRAM CHANGES.

    House: Filed

H 5: TEMPORARY FUNDING/GROUP HOMES & SCUs (NEW).

    House: Filed

H 6: NC RIGHT TO WORK/SECRET BALLOT AMENDMENTS.

    House: Filed

H 7: EUGENICS COMPENSATION PROGRAM.

    House: Filed

H 8: EMINENT DOMAIN.

    House: Filed

H 9: SPEAKER/PRO TEM TERM LIMITS.

    House: Filed

H 10: REMOVE ROUTE RESTRICTION FOR NC 540 LOOP.

    House: Filed

H 11: SPECIAL ELECTION DATES.

    House: Filed

H 12: INCREASE RETIREMENT AGE FOR JUDGES.

    House: Filed

H 13: STATE AGENCY PROPERTY USE/BIENNIAL REPORT.

    House: Filed

H 14: REV LAWS TECHNICAL, CLARIFYING, & ADMIN. CHG.

    House: Filed

H 15: VARIOUS EMERGENCY MANAGEMENT CHANGES.

    House: Filed

H 16: NO N.C. EXCHANGE/NO MEDICAID EXPANSION.

    House: Filed

H 17: GUN PERMITS/CONFIDENTIALITY (NEW).

    House: Filed

H 18: YOUTH SKIN CANCER PREVENTION ACT.

    House: Filed

H 19: RESPECT OUR FALLEN HEROES.

    House: Filed

H 20: JT SESSION/STATE BD OF ED CONFIRMATION.

    House: Filed

H 21: JOINT SESSION/STATE BD OF ED CONFIRMATION.

    House: Filed

H 22: AUTHORIZE VARIOUS SPECIAL PLATES.

    House: Filed

H 23: DIGITAL LEARNING COMPETENCIES/SCHOOL EMP'EES.

    House: Filed

H 24: DV ABUSER TREATMENT PROGRAM/AMENDMENTS (NEW).

    House: Filed

H 25: AMEND FELONY BREAKING OR ENTERING.

    House: Filed

H 26: STRENGTHEN LAWS/VEHICLE THEFT.

    House: Filed

H 27: ESCHEAT SAVINGS BOND TRUST FUND/SCHOLARSHIPS.

    House: Filed
    House: Filed

H 29: METHAMPHETAMINE/OFFENSE/PENALTIES.

    House: Filed

H 30: REPEAL COMBINED M.V. REGISTRATION/TAX SYSTEM.

    House: Filed

S 3: JMAC MODIFICATIONS (NEW).

    Senate: Filed

S 4: NO N.C. EXCHANGE/NO MEDICAID EXPANSION.

    Senate: Filed

S 5: REV LAWS TECHNICAL, CLARIFYING, & ADMIN. CHG.

    Senate: Filed

S 6: UI FUND CHANGES (NEW)

    Senate: Filed

S 7: HONOR DON EAST.

    Senate: Filed

S 8: INCREASE FINE FOR VEHICLE REMOVAL.

    Senate: Filed

S 9: UTILITIES/DESIGN/SURVEY LOCATION SERVICES.

    Senate: Filed

S 10: GOVERNMENT REORGANIZATION AND EFFICIENCY ACT (NEW).

    Senate: Filed

S 11: ESTABLISH ORGAN DONATION MONTH.

    Senate: Filed

S 12: APPOINT SUPERINTENDENT OF PUBLIC INSTRUCTION.

    Senate: Filed

S 13: PROPANE GAS TAX EQUALIZATION ACT.

    Senate: Filed

S 14: INCREASE ACCESS TO CAREER/TECHNICAL ED.

    Senate: Filed

S 15: HONOR JEAN PRESTON.

    Senate: Filed

S 16: REVOKE LICENSE FOR PASSING STOPPED SCHOOL BUS.

    Senate: Filed

S 17: CONCEALED CARRY PERMITS/VALIDITY.

    Senate: Filed

S 18: AMEND LOCKSMITH LICENSE ACT/RAISE FEE CEILING.

    Senate: Filed

S 19: BLDG. CONTRACTS/LOCAL BUSINESS PARTICIPATION.

    Senate: Filed

S 20: GOOD SAMARITAN LAW/NALOXONE ACCESS.

    Senate: Filed

S 21: PERMANENT LICENSE PLATES FOR CHURCHES.

    Senate: Filed

S 23: TOBACCO FREE COMMUNITY COLLEGES.

    Senate: Filed

Actions on Bills: 2013-01-30

LOCAL BILLS

H 28: HENDERSON COUNTY FIRE DISTRICTS.

    House: Filed

S 22: 33RD SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

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