The Daily Bulletin: 2013-02-13

The Daily Bulletin: 2013-02-13

PUBLIC/HOUSE BILLS
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.

House committee substitute makes the following change to 1st edition. Makes a clarifying change.

Intro. by Faircloth, Saine, Boles. STUDY, 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.

House committee substitute makes the following changes to 1st edition. Deletes amendments to GS 115C-12, which added the duty to develop and implement digital competency standards to the list of State Board of Education responsibilities in that statute. Amends GS 115C-296 (concerning personnel programs and licensure standards) to direct the State Board of Education (SBE) and the UNC Board of Governors to require students in teacher preparation programs to demonstrate digital teaching and learning competencies. Makes organizational changes to clarify licensure standards and teacher education programs. Requires at least two continuing education credits in digital teaching and learning as a license renewal requirement. Makes a conforming change to subsection (c1) and to GS 115C-284, requiring similar competencies for lateral entry teachers and students in school administration preparation programs. Makes clarifying changes to the bill title. Effective July 1, 2017, and applicable to the 2017-18 school year.

Effective when the act becomes law, directs the SBE to develop digital teaching and learning competencies for schools, teachers, and administrators.

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.

House Amendment 1 makes the following changes to the 2nd edition.

Amends SL 2012-39, which concerns the review of a defendant's participation in adomestic violence program. Provides that Section 1 ofthe act, effective December 1, 2012,applies to defendants placed on probation on or after that date and that Section 2 of the act, also effective December 1, 2012, applies to judgments entered on or after that date.

Amends the title of this act, adding the following language: AND TO MAKE OTHER CHANGES TO THE REPORTING REQUIREMENT FOR DOMESTIC VIOLENCE OFFENSES.

Renumbers the sections of this act accordingly

Intro. by T. Moore. GS 15A
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.

House committee substitute makes the following changes to 1st edition. Amends GS 105-228.5(d)(3) to credit 45% of the net proceeds of the additional tax on gross premiums on insurance contracts for property coverage to the Workers' Compensation Fund (previously credited 27% to the Workers' Compensation Fund and 18% to the NC Firemen's and Rescue Squad Workers' Pension Fund).

Intro. by Howard, Hager, Torbett. GS 105
H 45 (2013-2014) INTERNET ACCESS FOR PUBLIC SCHOOLS. Filed Jan 31 2013, AN ACT PROVIDING FOR AN INVENTORY OF INFRASTRUCTURE TO SUPPORT ROBUST DIGITAL LEARNING IN THE PUBLIC SCHOOLS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION STUDY COMMITTEE ON DIGITAL LEARNING ENVIRONMENTS IN PUBLIC SCHOOLS.

House committee substitute makes the following changes to the 1st edition.

Deletes provision that directed the Department of Commerce to survey currently available and planned community broadband connectivity and to identify methods of expansion of accessible internet throughout the state.

Corrects the fiscal year for the appropriation to implement the provisions of this act to 2013-14 (was, 2012-13).

Makes the entire act effective July 1, 2013 (was, appropriation effective July 1, 2013 and the remainder when the act becomes law).

Makes a conforming change to the whereas clauses and to the title.

Intro. by Horn, Johnson, Saine, Tolson. APPROP
H 82 (2013-2014) IRC UPDATE. Filed Feb 7 2013, A BILL TO BE ENTITLED AN ACT TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE AND TO DECOUPLE FROM CERTAIN PROVISIONS OF THE FEDERAL AMERICAN TAXPAYER RELIEF ACT OF 2012.

House committee substitute makes the following changes to 1st edition. Makes clarifying changes.

Intro. by Howard.GS 105
H 99 (2013-2014) CAREGIVER RELIEF ACT. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT AMENDING THE LABOR LAWS TO PROVIDE RELIEF FOR CAREGIVERS IN THIS STATE.

Adds new Article 24, Caregiver Relief Act, to GS Chapter 95. Provides under state law for caregivers who provide direct care to certain family members to take leave time in instances where leave would not be available to the caregivers under federal law. Provides that the following definitions apply under this proposed Article: (1) Department is the Department of Labor; (2) FMLA--the federal Family and Medical Leave Act of 1993; (3) eligible employee--as defined in the FMLA; (4) grandchild--the child of a biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis to the employee; and (5) grandparent--the parent of a parent. Under federal law, the FMLA specifies the family members for which an eligible employee may take leave to provide care; this act provides that an employer required to comply with the FMLA is to provide the same leave to an eligible employee for certain family members in need of care as would be provided under the FMLA. Provides that an eligible employee who takes leave under this provision is entitled to the same protections and rights that an eligible employee is entitled to under the FMLA. Provides that any right or obligation under this proposed Article is enforceable by a civil action in addition to any other remedies at law or equity. Provides that the Article applies to all employers in the state who are subject to the FMLA. Makes a conforming change to GS 95-241(a). Effective July 1, 2013, and applies to covered employers and eligible employees on or after that date.

Intro. by Adams.GS 95
H 100 (2013-2014) HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT PROVIDING FOR HEALTHY FAMILIES AND HEALTHY WORKPLACES BY ENSURING THAT ALL WORKERS HAVE PAID SICK DAYS TO ADDRESS THEIR OWN HEALTH NEEDS AND THE HEALTH NEEDS OF THEIR FAMILIES.

Public policy issue. Enacts new Article 3A of GS Chapter 95, to be cited as the Healthy Families and Healthy Workplaces Act (HFHW Act). Denotes that state public policy in promoting the general welfare of the people of North Carolina requires the enactment of new Article 3A under the police power of the state.

Definitions. Provides definitions for the following terms as used in the HFHW Act: (1) child, (2) domestic violence, (3) employee, (4) employ, (5) employer, (6) federal act, (7) health care provider, (8) immediate family member, (9) parent, (10) paid sick time or paid sick days, (11) sexual assault, (12) stalking, and (13) small business.

Exemptions. Provides that the proposed HFHW Act does not apply to (1) bona fide volunteers in an organization where an employer-employee relationship does not exist or (2) any person who is exempt from the Wage and Hour Act under GS 95-25.14(a)(2) through (8), GS 95-25.14(b), GS 95-25.14 (b1), GS 95-25.14(c), and GS 95-25.14(e). Makes an exception regarding domestic workers, providing that they are exempt only if they are employed in the place of residence of their employer.

Paid sick time accrual. Provides that paid sick time begins to accrue at the start of employment at a rate of one hour of paid sick time for every 30 hours worked. Provides additional guidelines regarding discretionary advancement of sick time by the employer, limits on the amount of paid sick time accrued, and the accrual of paid sick time when there is a separation of employment followed by a rehiring by the same employer. Provides that with the exception of the specified exemptions to the proposed HFHW Act, any employee who works in North Carolina and who must be absent from work for the reasons delineated in proposed new GS 95-31.5(a) is entitled to paid sick time.

Use of paid sick time. Directs that paid sick time is to be provided by an employer to an employee who meets any of the following reasons listed in proposed new GS 95-31.5: (1) to care for a member of the employee's immediate family suffering from health issues or to care for the employee's own health, unless the care is covered under federal lawor (2) to allow an employee to address the psychological, physical, or legal effects on himself or herself or an immediate family member of domestic violence, sexual assault, or stalking.

Permits the employer to require certification of the qualifying health issue or event when a paid sick time period covers more than three consecutive work days. Provides guidelines for determining what may be deemed acceptable certification.

Provides that an employer may not require certification from a health care provider that is employed by the employer. Prohibits an employer from requiring the disclosure of details relating to domestic violence, sexual assault, stalking, or an employee's medical condition as a condition of providing paid sick time to an employee. Directs an employer to treat as confidential any information that the employer acquires about the employee or the employee's immediate family regarding domestic violence, sexual assault, stalking, or health conditions. Prohibits the employer from requiring an employee to secure a replacement worker as a condition of providing sick time under the proposed HFHW Act.

Directs the employee to make a good faith effort, when the use of sick time is foreseeable, to provide the employer with advance notice.

States that this act provides minimum requirements regarding paid sick time and should not be construed to limit, preempt, or otherwise affect other applicability of law, regulation, or policy that extends additional or greater protections to employees, nor should this proposed act be construed to discourage employers from adopting more generous paid sick time policies.

Provides that employers already offering a paid sick time policy do not have to modify that policy providing that the paid sick time policy currently in place offers an employee, at his or her discretion, the option to take paid sick time that is equivalent to the amount and for the same purposes offered under the proposed HFHW Act.

Notification, posting, and records. Requires employers to provide notice to employees, in Spanish and English, of their entitlement to paid sick time as well as other related information. Notice may be provided by supplying each employee with a notice in Spanish and English or by conspicuously displaying a poster in the place of employment in both languages. Prohibits employers from retaliating against employees who request or use paid sick time. Provides that an employee has a right to file a complaint with the Commissioner of Labor (Commissioner) or in the General Court of Justice if an employer (1) denies an employee paid sick time or (2) retaliates against an employee for requesting or taking paid sick time.

Enforcement. Authorizes the Commissioner to enforce and administer the provisions of the proposed HFHW Act. Provides criteria regarding employer's liability for a violation under the proposed HFHW Act, including provisions for the potential awarding of liquidated damages for a violation of the act. Directs that actions under the proposed HFHW Act must be brought within two years pursuant to GS 1-53. Also provides that the rights and remedies created under the HFHW Act are supplementary to all existing common law and statutory rights and remedies. Directs the Commissioner to adopt rules to implement the proposed act.

Provides that the provisions of the proposed act are severable.

Makes conforming changes to GS 95-241(a).

Contains a number of whereas clauses.

EffectiveJuly 1, 2013, and applies only to covered employment on or after that date and does not apply to any collective bargaining agreement entered into beforeJuly 1, 2013, that is still in effect on that date.

Intro. by Adams.GS 95
H 101 (2013-2014) SPECIAL LICENSE PLATE DEVELOPMENT PROCESS. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO REAUTHORIZE EXPIRED SPECIAL REGISTRATION PLATES, TO AUTHORIZE ADDITIONAL SPECIAL REGISTRATION PLATES TO BE ON A BACKGROUND OTHER THAN THE 'FIRST IN FLIGHT' BACKGROUND, AND TO ESTABLISH A PROCESS BY WHICH PERSONS OR ORGANIZATIONS MUST OBTAIN A MINIMUM NUMBER OF PAID APPLICATIONS PRIOR TO OBTAINING LEGISLATIVE APPROVAL FOR THE DEVELOPMENT OF A SPECIAL REGISTRATION PLATE.

As the title indicates. Repeals Article 1A, Estate Taxes, of GS Chapter 105. Makes conforming changes to GS 105-241.10 and GS 105-236(a)(5). Effective January 1, 2013, and applies to the estates of decedents dying on or after that date.

Intro. by Martin, Howard, Moffitt, Setzer.GS 105
H 102 (2013-2014) ONLINE VOTER REGISTRATION. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO MAKE SIMPLER THE PROCESS OF FILLING OUT A VOTER REGISTRATION FORM AND PRINTING IT OUT TO MAIL AND ALSO TO ALLOW VOTERS TO REGISTER TO VOTE ONLINE.

Amends GS 163-82.3 to direct the State Board of Elections (Board) to develop an online application for voter registration that may be filled in online or printed out as a blank form. Requires that the online form allow a user with the proper software to save the data and prompt the user to download mailing addresses (1) for the board of elections based on the user's county of residence or (2) for all county boards of elections.

Enacts new GS 163-82.5A regarding online voter registration in Article 7A of GS Chapter 163. Provides that the section applies to an individual who meets both of the following requirements: (1) is eligible to register to voteand (2) has a current and valid North Carolina driver's license, learner's permit, or provisional license, or a special identification card for non-operators issued under GS 20-37.7. Individuals who meet the stated requirements may submit a voter registration application online.

Requires the Board to establish a secure Internet site to allow individuals meeting the prescribed requirements to submit voter registration applications.

Provides thatthe secure website is to allow qualified individuals to submit an application to do the following: (1) register to voteor (2) report a change in name, address, or party affiliation. In addition, the secure web site is to allow the individual to submit information demonstrating that individual's eligibility to register online.

Directs the Division of Motor Vehicles (DMV) to compare the information submitted by the individual to verify eligibility to register online with information maintained in the DMV's database of persons in North Carolina who have a current and valid NC driver's license or other acceptable identification as specified in this section. Upon confirmation that the applicant has current and valid identification as specified under these provisions, the DMV is required to submit the completed application andits verification of eligibility to the county board of elections in the county where the applicant currently resides.

Provides that if the DMV is unable to confirm the applicant's eligibility, it is to send notice to the county board of elections of the county where the applicant resides of the inability to confirm the information provided. Directs the county board of elections to notify the applicant via U.S. mail and by e-mail if the applicant provided an e-mail address with the online registration that that the application cannot be processed.

Effective December 1, 2013.

Intro. by Alexander.GS 163
H 103 (2013-2014) LEGISLATIVE MILEAGE RATE AT IRS RATE. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO SET THE LEGISLATIVE MILEAGE RATE AT THE INTERNAL REVENUE SERVICE STANDARD BUSINESS RATE.

Amends GS 120-3.1(a) as the title indicates. Becomes effective upon the convening of the 2015 Regular Session.

Intro. by Lucas, L. Bell.GS 120
H 105 (2013-2014) REQUIRE PULSE OXIMETRY NEWBORN SCREENING. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO EXPAND THE NEWBORN SCREENING PROGRAM ESTABLISHED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO INCLUDE NEWBORN SCREENING FOR CONGENITAL HEART DISEASE UTILIZING PULSE OXIMETRY, OR OTHER COMPARABLE SCREENING METHODOLOGY.

Identical to S 98, filed 2/18/13.

As the title indicates. Includes whereas clauses identifying data and statistics to support the expansion of the Newborn Screening Program. Amends GS 130A-125 to require the Newborn Screening Program to include a pulse oximetry screening for each newborn in order to detect congenital heart defects. Directs the Commission for Public Health to adopt rules to include pulse oximetry screening in the Newborn Screening Program. Specifiesissues that must be addressed by the rules governing pulse oximetry screening.

Intro. by Fulghum, Hollo, Stam, Horn. GS 130A

The Daily Bulletin: 2013-02-13

PUBLIC/SENATE BILLS
S 46 (2013-2014) ELECTION OF UNC BOARD OF GOVERNORS. Filed Feb 4 2013, A BILL TO BE ENTITLED A SENATE RESOLUTION TO ESTABLISH THE PROCEDURE FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA.

Senate committee substitute makes the following changes to the 1st edition.

Clarifies that the procedures for nominating and electing members of the Board of Governors of the University of North Carolina (Board)are to be overseen and coordinated by the Chair of the the Senate Select Committee (was, co-chairs of the Senate Select Committee).

Provides that the Senate is to hold elections for Board members no later than Wednesday, March 20, 2013 (was, no later than the beginning of the daily session on Tuesday, March 19, 2013).

Intro. by Apodaca.SENATE RES
S 82 (2013-2014) ELIMINATE STRAIGHT TICKET. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE OPTION OF STRAIGHT-PARTY TICKET VOTING ON BALLOTS IN NORTH CAROLINA.

As the title indicates. Repeals GS 163-165.6(e), regarding straight-party voting, and repeals GS 163-182.1(a)(7), regarding the counting of straight-party ticket and split-party ticket votes.

Effective when the act becomes law and applies to elections on or after January 1, 2014.

Intro. by Newton.GS 163
S 83 (2013-2014) ENCOURAGE VOLUNTEER CARE IN FREE CLINICS. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO ENCOURAGE VOLUNTEER HEALTH CARE IN FREE CLINICS BY LIMITING THE LIABILITY OF MEDICAL AND HEALTH CARE PROVIDERS IF THE FREE CLINIC PROVIDES PATIENTS WITH NOTICE OF LIMITED LIABILITY.

Amends GS 90-21.16(c) as the title indicates. Deletes languagedefining a "free clinic" as a non-profit institution that maintains liability insurance covering the acts and omissions of the free clinic.Makes a conforming change to GS 90-21.102(2). Becomes effective October 1, 2013.

Intro. by Bingham. GS 90
S 84 (2013-2014) CANCEL AIRCRAFT LIEN W/SURETY BOND DEPOSIT. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE CANCELLATION OF AN AIRCRAFT LABOR AND STORAGE LIEN WHEN A SURETY BOND IN AN AMOUNT EQUAL TO ONE AND ONE-FOURTH TIMES THE AMOUNT OF THE LIEN CLAIMED IS DEPOSITED WITH THE CLERK OF COURT.

Amends GS 44A-75 as the title indicates. Additionally provides that upon the deposit of the surety bond in the specified amount, the lien holder or the lien holder's agent is to release the aircraft to the owner, if the lien holder has possession of the aircraft. Effective when the act becomes law and applies to liens perfected under Article 5 of GS Chapter 44A on or after that date.

Intro. by Clodfelter.GS 44A
S 85 (2013-2014) UNC/MED STUDENT CLINICAL ROTATION SLOTS. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO IMPROVE THE AVAILABILITY OF THIRD AND FOURTH YEAR CLINICAL ROTATIONS FOR NORTH CAROLINA ALLOPATHIC AND OSTEOPATHIC MEDICAL STUDENTS AND THE AVAILABILITY OF GRADUATE MEDICAL EDUCATION POSITIONS FOR NORTH CAROLINA ALLOPATHIC AND OSTEOPATHIC MEDICAL SCHOOL GRADUATES.

Amends GS 153A-45 (county board of commissioners adoption of ordinances) to provide that in order to qualify for the three exceptions to the requirement that an ordinance receive the approval of all of the members of the board of commissioners in order to be adopted at the meeting at which it is first introduced, the public hearing must have been held at least seven calendar days before the vote.
Amends GS 160A-75 (city council voting) to require that in order to be adopted at the meeting at which an ordinance is first introduced, the ordinance must receive the approval of all of the members of the governing council, not including the mayor unless the mayor has the right to vote on all questions before the council. Includes the same provisions concerning the three exceptions as amended GS 153A-45. Provides that if the ordinance is approved by a majority of those voting by not all council members, or if the ordinance is not voted on at that meeting, it must be considered at the next regular council meeting; the ordinance is adopted if at that time, or at any time within 100 days of its introduction, it receives a majority of the votes cast.
Effective with respect to votes on or after January 1, 2014.

Intro. by Clodfelter.GS 153A, GS 160A
S 86 (2013-2014) PERMANENT LICENSE PLATES FOR REACT. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE PERMANENT REGISTRATION PLATES TO RADIO EMERGENCY ASSOCIATED COMMUNICATIONS TEAMS (REACT).

Reenacts GS 20-84(b)(7), which was repealed by SL 2012-159, to authorize permanent registration plates for motor vehicles owned by REACT ("Radio Emergency Associated Communications Teams").

Intro. by Daniel.GS 20
S 87 (2013-2014) DV ABUSER TREATMENT PROGRAM/NOTIFICATIONS. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE DISTRICT ATTORNEY IS TO BE NOTIFIED IF A PERSON ON SUPERVISED OR UNSUPERVISED PROBATION IS DISCHARGED FROM A DOMESTIC VIOLENCE ABUSER TREATMENT PROGRAM FOR FAILURE TO COMPLY WITH THE PROGRAM OR ITS RULES.

Identical to H 24, filed 1/30/13.

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 Daniel.GS 15A
S 89 (2013-2014) DEFERRED PRESENTMENT SERVICES. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW AND REGULATE THE BUSINESS OF PROVIDING DEFERRED PRESENTMENT SERVICES TO CERTAIN PERSONS.

Enacts new GS 53-281.1 to provide for and regulate deferred presentment transactions, defined as agreements where one party accepts a check from a customer and holds the check for a period of time before cashing or depositing. Permits licensed owners of check-cashing businesses (licensees) to charge a fee to defray certain operational costs when entering into deferred presentment transactions, provided the fee does not exceed 15% of the cash advance amount and the maximum cash advance amount does not exceed $500. Permits the customer to redeem his or her check before the date of deposit after paying the check amount to the licensee. Requires the licensee to cash or deposit the check within 35 days. Requires a licensee to provide the customer with a receipt and written explanation of all fees and other information related to the transaction in clear and understandable language. Prohibits a licensee from knowingly entering into a transaction with a customer who has another outstanding payday loan, or with a member of the Armed Forces or his or her spouse or dependent.

Permits a licensee to charge a fee for returned checks, but states that the customer will not be subject to criminal prosecution unless the customer attempted to misrepresent or defraud. Forbids a licensee from reporting to a credit reporting agency any customer's debt, and prevents the licensee from engaging in listed activities including unfair and deceptive trade practices. Specifies acceptable methods of payment for the cash advance, and requires licensee to wait 24 hours before entering into another transaction with a customer after full payment of the check. Prohibits rollover of a transaction, defined as the termination or extension of a transaction by the payment of an additional fee or the substitution of a new check. Allows an extended payment plan once a year, subject to the listed terms. States that deferred presentment transactions are not subject to the NC Consumer Finance Act.

Makes conforming changes.

Effective July 1, 2013.

Intro. by Tillman.GS 53

The Daily Bulletin: 2013-02-13

LOCAL/HOUSE BILLS
H 104 (2013-2014) CHARLOTTE REGIONAL AIRPORT AUTHORITY. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO CREATE THE CHARLOTTE REGIONAL AIRPORT AUTHORITY.

Identical to S 81, filed 2/13/13.

Establishes the Charlotte Regional Airport Authority (Authority), consisting of eleven members who must meet specified qualifications. Prohibits an elected official from serving on the Authority. Details terms, suspension, voting, meeting, compensation, and other administrative requirements. Provides for staggered terms for members, as indicated. Establishes the Authority's 20 duties, including acquiring, administering, or otherwise regulating airports and/or landing fields for use by airplanes and other aircraft and all facilities incidental to their operation, within the limits of Mecklenburg County. Authorizes the Authority to acquire any real or personal property from Mecklenburg County or Charlotte, which may be necessary for the construction, operation, or maintenance of any airport or facilities located in Mecklenburg County.

Requires Charlotte to transfer to the Authority within 90 days after enactment of the act all rights and title to Charlotte Douglas International Airport; if approval from a federal agency or current bondholder is required, then the time period is extended to within 90 days of the approval. Provides for the acquisition of private property; prohibits the Authority from exercising the power of eminent domain unless required by federal law. Prohibits the Authority from levying any taxes. Extinguishes any claim by Charlotte on account of acquired property. Requires the Authority to make an annual report to area boards of commissioners and the Charlotte City Council. Provides for entering into contracts, leases, conveyances, and other agreements. Requires the Authority's powers be construed liberally in favor of the Authority. States that GS 66-58(a), which prohibits the sale of merchandise by governmental units in competition with citizens under the Umstead Act, does not apply to the Authority.

Intro. by W. Brawley, Moffitt, Torbett, Samuelson.Mecklenburg

The Daily Bulletin: 2013-02-13

LOCAL/SENATE BILLS
S 81 (2013-2014) CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT (NEW). Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT TO CREATE THE CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT AUTHORITY.

Establishes the Charlotte Regional Airport Authority (Authority), consisting of eleven members who must meet specified qualifications. Prohibits an elected official from serving on the Authority. Details terms, suspension, voting, meeting, compensation, and other administrative requirements. Provides for staggered terms for members, as indicated. Establishes the Authority's 20 duties, including acquiring, administering, or otherwise regulating airports and/or landing fields for use by airplanes and other aircraft and all facilities incidental to their operation, within the limits of Mecklenburg County. Authorizes the Authority to acquire any real or personal property from Mecklenburg County or Charlotte, which may be necessary for the construction, operation, or maintenance of any airport or facilities located in Mecklenburg County.

Requires Charlotte to transfer to the Authority within 90 days after enactment of the act all rights and title to Charlotte Douglas International Airport; if approval from a federal agency or current bondholder is required, then the time period is extended to within 90 days of the approval. Provides for the acquisition of private property; prohibits the Authority from exercising the power of eminent domain unless required by federal law. Prohibits the Authority from levying any taxes. Extinguishes any claim by Charlotte on account of acquired property. Requires the Authority to make an annual report to area boards of commissioners and the Charlotte City Council. Provides for entering into contracts, leases, conveyances, and other agreements. Requires the Authority's powers be construed liberally in favor of the Authority. States that GS 66-58(a), which prohibits the sale of merchandise by governmental units in competition with citizens under the Umstead Act, does not apply to the Authority.

Intro. by Rucho. Mecklenburg
S 88 (2013-2014) 29TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Feb 13 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 29TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Tillman.Moore, Randolph
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: 2013-02-13

PUBLIC BILLS

H 4: UI FUND SOLVENCY & PROGRAM CHANGES.

    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 10: REMOVE ROUTE RESTRICTION FOR NC 540 LOOP.

    House: Passed 2nd Reading

H 13: STATE AGENCY PROPERTY USE/BIENNIAL REPORT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/14/2013

H 15: VARIOUS EMERGENCY MANAGEMENT CHANGES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/14/2013

H 18: YOUTH SKIN CANCER PREVENTION ACT.

    House: Serial Referral To Regulatory Reform Added

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

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/14/2013

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

    House: Amend Adopted A1
    House: Passed 2nd Reading

H 27: ESCHEAT SAVINGS BOND TRUST FUND/SCHOLARSHIPS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations

H 34: CLARIFY INDECENT EXPOSURE LAW.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/14/2013

H 44: TRANSITION TO DIGITAL LEARNING IN SCHOOLS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/14/2013

H 45: INTERNET ACCESS FOR PUBLIC SCHOOLS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations Subcommittee on Education

H 66: CAPTIVITY LICENSE AND PERMIT AMENDMENTS.-AB

    House: Amend Failed A2
    House: Passed 3rd Reading

H 75: KILAH'S LAW/INCREASE CHILD ABUSE PENALTIES.

    House: Withdrawn From Com
    House: Ref to the Com on Judiciary Subcommittee C, if favorable, Appropriations

H 77: BOARD OF LAW EXAMINERS/UPDATE EXPENSE LAW.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/14/2013

H 82: IRC UPDATE.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/14/2013

H 91: HONOR NAACP'S ANNIVERSARY.

    House: Added to Calendar
    House: Passed 1st Reading
    House: Cal Pursuant 32(a)
    House: Added to Calendar
    House: Motion passed to make a joint resolution
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 92: GSC TECHNICAL CORRECTIONS 2013.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 94: AMEND ENVIRONMENTAL LAWS 2013.

    House: Passed 1st Reading
    House: Ref to the Com on Regulatory Reform Subcommittee on Environmental, if favorable, Environment, if favorable, Finance
    House: Withdrawn From Com
    House: Ref to the Com on Environment, if favorable, Finance

H 95: STANDARD OF PROOF/PUBLIC SAFETY DISPATCHERS (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee A

H 99: CAREGIVER RELIEF ACT.

    House: Filed

H 100: HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS.

    House: Filed

H 101: SPECIAL LICENSE PLATE DEVELOPMENT PROCESS.

    House: Filed
    House: Filed

H 102: ONLINE VOTER REGISTRATION.

    House: Filed

H 103: LEGISLATIVE MILEAGE RATE AT IRS RATE.

    House: Filed

H 105: REQUIRE PULSE OXIMETRY NEWBORN SCREENING.

    House: Filed

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

    House: Amend Failed A1
    House: Amend Failed A2
    House: Amend Failed A3
    House: Passed 2nd Reading

S 14: INCREASE ACCESS TO CAREER/TECHNICAL ED.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 46: ELECTION OF UNC BOARD OF GOVERNORS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 47: STATE OF THE STATE SPEECH.

    Ratified
    Ch. Res 2013-3

S 50: DISCHARGED VETERANS/IDENTITY THEFT PROTECTION.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 77: HONOR HAYESVILLE'S 100TH ANNIVERSARY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 78: LAW ENFORCEMENT PRIVACY/PUBLIC WEB SITES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Program Evaluation
    Senate: Passed 1st Reading
    Senate: Ref To Com On Program Evaluation
    Senate: Passed 1st Reading
    Senate: Ref To Com On Program Evaluation

S 82: ELIMINATE STRAIGHT TICKET.

    Senate: Filed

S 83: ENCOURAGE VOLUNTEER CARE IN FREE CLINICS.

    Senate: Filed

S 84: CANCEL AIRCRAFT LIEN W/SURETY BOND DEPOSIT.

    Senate: Filed

S 85: UNC/MED STUDENT CLINICAL ROTATION SLOTS.

    Senate: Filed
    Senate: Filed

S 86: PERMANENT LICENSE PLATES FOR REACT.

    Senate: Filed

S 87: DV ABUSER TREATMENT PROGRAM/NOTIFICATIONS.

    Senate: Filed

S 89: DEFERRED PRESENTMENT SERVICES.

    Senate: Filed

Actions on Bills: 2013-02-13

LOCAL BILLS

H 93: SCHOOL CALENDAR FLEXIBILITY/CRAVEN COUNTY.

    House: Passed 1st Reading
    House: Ref To Com On Education

H 104: CHARLOTTE REGIONAL AIRPORT AUTHORITY.

    House: Filed

S 79: 19TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 80: CLEVELAND/POLK/RUTHERFORD TRAPPING REPEAL.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 81: CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT (NEW).

    Senate: Filed

S 88: 29TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

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