House committee substitute to the 1st edition makes the following changes. Amends GS 104E-9.1 to prohibit the use of tanning equipment by persons under age 18 (was, use was allowed by persons under 18 if they had a written doctor's prescription). Changes the effective date of the act from October 1, 2013, to July 1, 2013. Makes conforming changes to the act's title.
The Daily Bulletin: 2013-02-27
|Intro. by Hollo, Fulghum, Horn, Murry.||GS 104E|
The House committee substitute makes the following changes to the 1st edition.
Changes the long title accordingly.
Eliminates the review of contracts for supplies, materials, printing and equipment exceeding $1 million by the Attorney General or his/her designees in lieu of triggering the review for proposed contracts for contractual services that exceed $5 million. Makes conforming changes. Requires Attorney General to advise and assist the Contract Management Section of the Division of Purchase and Contract with establishing procedures and guideline for the review of contracts. Adds back in the Department of Administration (DOA) to GS 114-8.3(b) (previously, Department of Administration had been stricken and removed). Amends GS 114-8.3(c) requiring State agencies, constituent institutions of UNC, or any person who will be entering into a contract on behalf of the State for $1 million or more must provide such information required by the Department of Administration for the purposes of maintaining a centralized log of such contracts (was, information required by the Secretary of the Department of Administration). Replaces GS 114-8.3(d) with a clause stating that nothing that requires a designated attorney to review proposed contracts limits the authority of the State Treasurer to retain the services of attorneys for the proper administration of investment programs (was, clause requiring Department of Administration to adopt procedures for identification and record keping of contracts subject to review). Other technical and clarifying changes.
Adds to GS 143-49(3a) the Contract Management Section of the DOA's Division of Purchase and Contract, and other qualified counsel to the list of agencies from which the Attorney General can choose to assign a designee to assist in negotiations of pending contracts exceeding $5 million. Adds the requirement that to be valid, any contract for services reviewed pursuant to these subdivision must include the signature and title of the attorney designated from within the office of the Attorney General to review the contract. Adds requirements that for proposed Treasurer investment and debt contracts that in aggregate exceed $5 million, the Department of State Treasurer can ask for approval and employment of outside counsel to represent the Department. Defines exactly what investment contracts and debt contracts mean.
New and different section from 1st edition. Section 3 of 1st edition is now section 11 of House committee substitute.
Amends GS 143, Article 3 by adding a new section, GS 143.50.1, Division of Purchase and Contract; Contract Management Section. Provides that the Contract Management Section (CMS) is established in the Division of Purchase and Contract, Department of Administration. CMS will include legal counsel with defined duties and responsibilities. Remainder of Section 3 states the duties and responsibilities of CMS and its legal counsel.
New and different section from 1st edition. Section 4 of 1st edition is now section 12 of House committee substitute
Amends GS 143-52.1, changing name of section to Award recommendations; State Purchasing Officer action. Deleting entire content of GS 143-52.1 and replacing with language that states that when the dollar value of a contract to be awarded exceeds the benchmark of GS 143-53.1, an award recommendation will be submitted to the State Purchasing Officer for approval or other action. A report of all contract awards greater than $25,000 approved through the Division of Purchase and Contract will be reported monthly to the Cochairs of the Joint Legislative Committee on Governmental Operations. Report will include amount of the award, award recipient, using agency, and short description of the nature of the award.
New and different section from 1st edition. Section 5 of 1st edition is now section 13 of House committee substitute.
Amends GS 147-33.101 by renaming section Award recommendation; State Chief Information Officer action. Further amends section to require an award recommendation to be submitted to the State Chief Information Officer (CIO), when the dollar value of a contract for IT equipment, materials and supplies exceeds the benchmark established by the CIO. A report of all contract awards greater than $25,000 approved through the Statewide IT Procurement Office will be reported monthly by the State CIO to the Cochairs of the Joint Legislative Oversight Committee on IT. Report will include amount of the award, award recipient, using agency, and short description of the nature of the award.
New and different section from 1st edition.
Amends GS 116-13 Powers of Board regarding property and services subject to general law, deleting Board of Awards from list of approvals exempt from purchases by special responsibility constituent institutions.
Amends 120-36.6, Legislative Fiscal Research staff participation, deleting Board of awards and making technical changes associated with that deletion.
Amends GS 143-52, Competitive bidding procedure; consolidation of estimates by Secretary; bids; awarding of contracts; cost plus percentage of cost contracts strictly prohibited, deleting Board of Awards and replacing it with State Purchasing Officer as the entity that reviews contracts of goods that exceed the benchmark established by GS 143-53.1.
Amends GS 143-59, Preference given to North Carolina products and citizens, and articles manufactured by State agencies; reciprocal preferences. Deleting in GS 143-59(b) language referring to Board of Awards and making conforming changes.
Repeals GS 143-318.19(10), which deletes Board of Awards from an exemption list for Article 33c of GS 143.
New section. Previously was section 3 of 1st edition. No additional changes made.
New section. Previously was section 4 of 1st edition. No additional changes made.
New section. Previously was section 5 of 1st edition.
Amends GS 143-49, Powers and duties of Secretary, changing implementation dates as amended in 1st edition to be follows:
GS 143-49(13) - September 1, 2013 to January 1, 2014, and April 1, 2013 to June 1, 2013,
GS 143-49(14) - April 1, 2013 to September 1, 2013,
GS 143-49(15) - September 1, 2013 to July 1, 2014`
Deletes requirement to report procedure established under this subdivision to be reported to the Joint Legislative Commission on Governmental Operation and the Program Evaluation Division.
States that section 1-3 will become effective October 1, 2013 and applies to contracts entered on or after that date. Remainder effective when the act becomes law.
House committee substitute to the 1st edition corrects a statutory reference in GS 143-341(12)g.
House committee substitute to the 1st edition makes the following changes.
Amends GS 115C-546.2(d) to permit a county to use the monies in the Capital Fund to meet digital learning needs for the time period beginning July 1, 2013 (was, July 1, 2012), through June 20, 2016, in local school administrative units. Makes technical changes to the whereas clauses.
|Intro. by Horn, Johnson, Saine, Tolson.||GS 115C|
House committee substitute makes the following changes to the 1st edition.
Changes short and long titles to more accurately reflect the content of the bill.
|Intro. by Stevens.||GS 50|
Identical to S 34, filed 1/31/13.
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).
Encourages the Chief Justice of the NC Supreme Court to abolish the NC Actual Innocence Commission.
Identical to S 36, filed 1/31/13.
Amends GS 150B-21.2(c) and GS 150B-45(a) as the title indicates.
Amends GS 150B-21.7 to clarify that a rule remains in effect until the agency with authority over the rule amends or repeals it when (1) a law that authorizes an agency to adopt a rule is repealed and (2) another law gives the same or another agency substantially the same authority to adopt a rule. Structurally reorganizes the provisions into subsections (a), (b), and (c) and makes conforming changes. Removes requirement that the Director of Fiscal Research must notify the Codifier of Rules when a rule is repealed, and instead requires the adopting agency to so notify.
Deletes the ten-day deadline for the Codifier to submit revisions for the form of a rule.
|Intro. by Murry.||GS 150B|
Identical to S 37, filed 1/31/13.
As title indicates. Provides that the study is to be included in the 2013-14 Work Plan for the Program Evaluation Division (PED). Defines occupational licensing board to have the same meaning as the term as defined in GS 93B-1. Mandates the content to be included in the study. Requires the PED to submit its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee (JLPEOC) and the Joint Legislative Administrative Procedure Oversight Committee on a date as designated by the JLPEOC.
|Intro. by Murry.||STUDY|
Identical to S 33, filed 1/31/13.
Enacts new GS 93B-8.1 as the title indicates. Provides definitions for the following terms as they apply in this section: (1) applicant, (2) board, (3) criminal history records, and (4) licensee.
Prohibits an occupational licensing board (board), as defined in GS 93B-1, from automatically denying licensure because of an applicant's criminal record, unless the law governing the particular licensing board provides otherwise. Identifies factors that a board authorized to deny a license to an applicant based on an applicant's criminal record must consider in determining whether to deny a license to an applicant.
Authorizes a board to deny a license to an applicant who refuses to consent to a criminal history check or the use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories.
|Intro. by Murry.||GS 93B|
As title indicates.
|Intro. by Murry.||UNCODIFIED|
As title indicates.
|Intro. by Blust, Cleveland, D. Hall, Floyd.||JOINT RES|
Enacts new GS 58-3-300, requiring health insurance issuers that issue, sell, renew, or offer individual or group health benefit plans in North Carolina to be subject to certain provisions of the Public Health Service Act as found in 42 USC 6A, XXV Part A.
Effective January 1, 2014. However, the Commissioner of Insurance can enforce the requirements of GS 58-3-300 on health insurance issuers before January 1, 2014, for policies that have starting or renewal coverage dates on or after that date.
|Intro. by R. Brawley.||GS 58|
Identical to S 109, filed 2/19/13.
As title indicates.
Amends GS 120-103.1, giving the Legislative Ethics Committee (Committee) authority to initiate investigation proceedings after receiving a signed and sworn allegation of unethical conduct by a legislator. Adds new subsection GS 120-103.1(a2), requiring the Committee to immediately issue written notice, after receving a complaint, referral of a complaint, or beginning an inquiry on its own motion, to the legislator who is the subject of the allegation. Amends GS 120-103.1(c), establishing that the Committee must begin an investigation of complaints or referrals of complaints, received while the General Assembly is in Regular Session, within 10 business days. Complaints or referrals received at any other time require the Committee to begin investigation within 20 business days of receipt. Also requires Committee to make a recommendation, without further investigation, to the house in which the legislator who is the subject of the complaint is a member, if it is determined that the Committee does not have jurisdiction over the alleged conduct, but if true, the conduct could be unethical. Amends (c1) to allow the Committee to extend the amount of time of the preliminary investigation if Committee does not have sufficient information to dismiss the complaint or proceed with further investigaion. Adds new subsection GS 120-103.1(h2), providing formal authority to the Committee to issue private admonishment without a hearing.
Amends GS 120-104(e), giving authority to the Committee to interpret GS 120, Article 14 (Legislative Ethics Act) as it applies to legislators, except the Lieutenant Governor. Effective January 1, 2007, and applies to advisory opinions issued by the Committee.
Makes technical and clarifying changes.
|Intro. by Stam, Glazier, Horn, Lucas.||GS 120|
Amends GS 90-113.72 to clarify that a licensed veterinarian is not considered a dispenser for the purposes of GS Chapter 90, Article 5E (North Carolina Controlled Substances Reporting System Act).
Amends GS 90-113.72 requiring dispensers to report required information about prescriptions no later than 24 hours (was, seven days) after dispensing the prescription. Adds method of payment, specialty of practitioner, and documentation of photographic identification presented by the person seeking the prescription if required, to the list of information required to be reported. Excludes from reporting instances where a controlled substance is provided directly to the user and quantity provided does not exceed a 48-hour supply.
Creates new subsection GS 90-113.74(b1), giving the Department of Health and Human Services (Department) the power to review prescription information data in the NC Controlled Substance Reporting System (System) for the purposes of identifying information that may indicate a person is obtaining prescriptions of controlled substances in a manner consistent with abuse, diversion, or increased risk of harm to patient. If such information is identified, the Department may notify the prescribing or dispensing practitioners. The Department may also review information in the System that might indicate a breach of professional standards and notify any agency responsible for licensing, registering, or certifying the practitioner. Allows System data to be released to a person delegated by an individual authorized to prescribe or dispense controlled substances for medical or pharmaceutical care.
Amends GS 90-113.75, increasing civil penalties to a max of $10,000 (was, $5,000) per violation. Rules establishing factors to be considered regarding the amount of penalty assessed will be adopted by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.
Amends GS 90-5.2 by adding a new subsection requiring the North Carolina Medical Board to make email addresses and fax numbers of physicians and physician assistants available to the Department for use in the System.
Makes clarifying and technical changes.
|Intro. by Horn, Brisson, Fulghum, Hollo.||GS 90|
Identical to S 29, filed 1/31/13.
Recodifies designated provisions in GS 124-6 and 124-5 in new GS 124-15, and amends GS 124-15 to provide that two of the Governor's seven appointments to the board of directors must be Board of Transportation appointees. Adds new GS 124-16 to require each state-owned railroad company (railroad company) to maintain a strategic plan and a formalized performance management system. Recodifies designated provisions in GS 124-3 in new GS 124-17, and amends GS 124-17 to require each railroad company to submit an annual report to specified committees. Directs each railroad company with trackage in more than two counties to issue a $15.5 million cash dividend by June 30, 2013, to be deposited in the General Fund.
Effective January 1, 2014, adds new GS 124-18 to require railroad companies with trackage in more than two counties to issue an annual cash dividend of at least 25% of the company's income from trackage rights agreements for the previous year. Rewrites GS 124-5.1, which detailed state use of dividends, to instead provide that all dividends will be deposited into the General Fund. Repeals GS 136-16.6 (continuing rail appropriations).
Requires railroad companies with trackage in more than two counties to issue dividends of non-corridor real property, as specified, by June 30, 2013. Directs the Department of Administration to sell the properties and deposit proceeds in the General Fund. Makes other clarifying and conforming changes.
Amends GS 47C-3-116 of the NC Condominium Act and GS 47F-3-116 of the NC Planned Community Act, removing authority for an owners association to foreclose an assessment lien against a property owner. States that associations may bring action to recover the amount of an assessment lien, as well as costs and attorneys' fees. Effective October 1, 2013, and applies to association assessment liens filed on or after that date.
As title indicates. Requires that the elections to participate be made no later than 30 days after the act's effective date and requires that they be made in accordance with GS 135-5.3 (optional participation in the retirement system for charter schools operated by private nonprofit corporations) and GS 135-48.54 (Optional participation in the state health plan for charter schools operated by private nonprofit corporations).
|Intro. by Alexander.||UNCODIFIED|
Amends GS 131E-176 to delete the definition for diagnostic center. Makes a conforming change. Adds a definition for single-specialty ambulatory operating room, which is also designated as a new institutional health service. Amends GS 131E-178 to clarify the law requiring ambulatory surgical facilities providing gastrointestinal endoscopy procedures to obtain a certificate of need (CON), unless exempted from the requirement. Directs any person proposing to create single-specialty ambulatory operating rooms in an ambulatory surgery facility to obtain a CON, unless exempted. Amends GS 131E-182 to update the application procedures for establishing such single-specialty ambulatory operating rooms; makes these revisions expire when conforming administrative rules are adopted. Adds in GS 131E-184(a), as a reason for exempting a new institutional health service from CON review, the development or replacement of an institutional health service that received CON approval as a diagnostic center before the act's effective date. Adds General Assembly findings concerning CONs to GS 131E-175.
|Intro. by Avila, Collins, Burr.||GS 131E|
Identical to S 43, filed 2/4/13.
Directs the Office of State Personnel, in conjunction with the Department of Public Instruction and the Office of State Budget and Management, to (1) study the expenses related to the management of state and local government employees' workers' compensation claims and (2) make recommendations on improving efficiency and reducing expenses.
Specifies topics to be addressed in the study and directs the Office of State Personnel to report its findings and recommendations to the General Assembly no later than October 1, 2013.
|Intro. by Collins, Dollar, McElraft.||STUDY|
Amends GS 105-164.14 (Certain [sales and use tax] refunds authorized) adding interlocal joint agencies for fire protection, emergency services, and police protection to the list of governmental entities allowed annual refunds of sales and use taxes. Amends GS 105-449.88 (Exemptions from the excise tax) adding interlocal joint agencies to the list of entities whose fuel purchases are exempt from excise tax. Effective July 1, 2013.
|Intro. by McElraft.||GS 105|
Amends GS 44A-11.1 (Lien agent; designation and duties) clarifying information required for notice of designation of lien agent. States that lien agent is not agent of owner for receiving Claim of Lien on Real Property. Provides for designation of successor lien agent in event of death, resignation or loss of license by the lien agent. Specifies that closing attorneys must make written request to lien agents for attorney to meet professional obligations.
Amends GS 44A-11.2 (Identification of lien agent; notice to lien agent; effect of notice) stating that a potential lien claimant may include one that has furnished labor, materials, rental equipment, or professional design services. Adds notice by internet web site as acceptable form of written notice to lien agent. Clarifies that lien agent shall include name and address of applicable contractor and design professional in response to persons requesting information about persons who have given notice to lien agent. Adds that Notice to Lien Agent does not satisfy service or filing requirements for a Claim of Lien on Real Property. Clarifies that the conditions for perfecting a claim of lien on real property apply to improvements to real property subject to the lien agent designation requirements. Provides that a potential lien claimant may perfect a claim of lien if a specified Notice to Lien Agent is received by lien agent within 15 days of the claimant first furnishing labor or materials or, for specified claimants, within 15 days of receiving lien agent's contact information. Adds that, in the case of a mortgage or deed of trust recorded prior to perfecting a lien, the lien is subordinate unless the mortgage or deed of trust was for the benefit of an affiliate or relative, or unless a Notice to Lien Agent was received under certain specified circumstances.
Amends GS 44A-19 (Notice of claim of lien upon funds) permitting a copy of notice of claim of lien upon funds to be filed with the clerk of superior court in certain circumstances.
Amends GS 44A-20 (Duties and liability of obligor) referencing related sections for claimant actions for perfecting a claim of lien and waiving claimant rights.
Amends GS 44A-23 (Contractor's claim of lien on real property) clarifying the date to be used when a subcontractor completes a claim of lien.
Amends GS 44A-27 (Actions on payment bonds; service of notice) clarifying a contractor's obligation to provide a copy of a payment bond to a claimant making a request.
Amends GS 58-26-45 (Registration as a lien agent) concerning obligations of a lien agent to provide written notice to design professionals identified by the owner. Sets fees for lien agent services at $25 for one- and two-family dwellings and $50 for all other improvements to real property.
Effective April 1, 2013.
|Intro. by Stevens.||GS 44A|
Amends GS 90-18 (Practicing [medicine] without license; penalties) adding that provision of anesthesia by a nurse under the supervision of a physician or dentist shall not constitute the practice of medicine. Amends GS 90-171.20 (Definitions [for Nursing Practice Act]) adding that provision of anesthesia by a nurse shall be under the supervision of a physician or dentist.
|Intro. by Dollar, Hollo, T. Moore, Wray.||GS 90|
Establishes the 10 member Joint Legislative Efficiency and Cost Savings in State Government Study Commission (Commission), consisting of five senators appointed by the President Pro Tempore of the Senate and five representatives appointed by the Speaker of the House of Representatives. Provides for meeting times and the filling of vacancies. Requires the Program Evaluation Division Director to advise the Commission and provides for Commission staffing. Requires the Commission to use a zero-based budgeting review process to study whether there are obsolete programs, cost reduction opportunities in state government, and cases where existing funds can be redirected to meet new demands. Requires the Commission to determine which agencies to review at its first meeting. Allows the Commission to require specified information from agencies, including the identification and estimation of the impact of discontinuing a decision unit, and description of service delivery alternatives. Requires that the Commission make an interim report to the 2014 Regular Session of the 2013 General Assembly and a final report to the 2015 Regular Session. Terminates the Commission at the earlier of the filing of the final report or the convening of the 2015 Regular Session.
|Intro. by Blackwell, Collins.||UNCODIFIED|
Amends GS 20-139.1 (Procedures governing chemical analysis) allowing blood or urine analysis by any laboratory employing an analyst permitted by the Department of Health and Human Services (DHHS) to perform such analysis. Defines laboratory to include public or private hospital. Removes requirement that laboratory be accredited in conformance with certain standards. Adds requirement that analyst be permitted by DHHS. Effective December 1, 2013.
|Intro. by T. Moore.||GS 20|
The Daily Bulletin: 2013-02-27
House committee substitute makes the following changes to the 3rd edition.
Makes organizational changes, conforming changes, and technical corrections.
Local Food Advisory Council -- Amends Section 4 of SL 2009-530 (NC Sustainable Local Food Advisory Council), as amended, to change the sunset date for the act to July 1, 2013 (was, July 31, 2015). Directs the Department of Agriculture and the state's land grant universities to continue their collaborative efforts to promote local food production and consumption in the state.
Coastal Resources Commission -- Amends GS 113A-104, establishing the Coastal Resources Commission (Commission), to increase the number of appointments to the Commission by the Governor to nine (was, seven), thereby increasing thetotal membership to 13 (was, 11). Also more precisely delineates the required qualifications for each appointee to the Commission. Clarifies that the term appointing authority as it appears in this section means the General Assembly in the case of members appointed by the General Assembly (was, means any member of the General Assembly in the case of members appointed by the General Assembly).
Reinstates as new subsection (c1), requirement that Commission members whose qualifications are described in certain subdivisions (renumbered to reflect the increase in membership from 11 to 13) don't receive any significant portion of their income from land development, construction, real estate sales, or lobbying and don't serve as agents for development-related business activities. Directs the Governor to require adequate disclosure of potential conflicts of interest by these members and to, via executive order, to promote criteria regarding conflicts of interest as they relate to the eligibility of persons for membership on the Commission. Provides that all members of the Commission are covered persons for the purposes of GS Chapter 138A, the State Government Ethics Act and must complywith the Ethics Act to avoid conflicts of interest.
Adds geographic (was, residential under current law)qualifications for Commission members, requiring that all members of the Commission must be residents of North Carolina and reside orown real property in the coastal area.
Provides that members are to be replaced or reappointed at the end of their term of office by the appointing authority for that member as specified under subsection (b1) of GS 113A-104, as amended. Makes technical corrections regarding filling of vacancies.
Deletes requirement that the terms of all Commission members currently serving on the Commission on January 1, 2013 expire when this subsection, regarding terms of members, becomes law from subsection (g) of GS 113A-104 and moves it to a new uncodifiedSection 2.1(b) regarding the transition of membership of the Commission.Provides that the terms of all members serving on the Commission on January 1, 2013, expire when this act becomes law, except as otherwise provided in this section. Provides additional guidelines regarding term lengths for members.
Provides that the Governor is to designate the chair of the Commission from among its members and the members are to elect the vice-chair from their membership to serve for a term of two-years or until the expiration of the vice-chair's regularly appointed term (was, both chair and vice-chair elected by the members).
Environmental Management Commission -- Amends GS 143B-283, increasing the membership of the Environmental Management Commission (EMC) to 15 (was, 13), with nine (was, seven) appointments by theGovernor,and sixby the General Assembly--three upon the recommendation of the Speaker of the House of Representatives, and threeupon the recommendation of the Speaker Pro Tempore of the Senate. Precisely delineates the required qualifications for each appointee to the EMC.
Makes a conforming change regarding the Governor's authority to reappointment of a memberto reflect increase in the number of appointments by the Governor.Requires that vacancies in appointments made by the General Assembly are to be filled per the provisions of GS 120-122.Reinstates language prohibiting allmembers appointed by the Governor to the EMC from being persons who derive any significant portion of their income from persons subject to permits or enforcement under GS Chapter 143B.
Provides that all of the members of the EMC are covered persons for the purposes of the State Government Ethics Act (GS Chapter 138A).
Provides that the members of the EMC are to serve four-year terms. Adds new uncodified Section 2.3(b) to provide for the transition of the membership of the EMC. Provides that except as otherwise provided in this section, the terms of all members serving on the EMC as of January 1, 2013 expire March 15, 2013 (was, expire when proposed subsection (e) to GS 143-283 became law). Provides additional guidelines regarding term lengths for members.
Industrial Commission -- Amends GS 97-77, effective April 15, 2013, to require that at least twoNorth Carolina Industrial Commission (NCIC)commissioners be Board Certified in Workers' Compensation Law.
Provides that the Governor is to appoint new members to the NCIC upon the expiration on April 15, 2013 of the terms of commissioners serving terms established by Section 22 of SL 2011-287 subject to confirmation (was, upon the confirmation) of the General Assembly.
Utilities Commission -- Amends GS 62-10(a), effective July 1, 2013,to require that the governor appoint members to the Utilities Commission with minimally five years of progressively responsible experience and demonstrated competency in (1) utility law and regulation, (2) economics, (3) finance, (4) accounting, and (5) business administration.
Makes the members subject to the State Government Ethics Act and prohibits members from being an office holder of a political party or serving as a convention delegate.
Deletes proposed subsection (c1) to GS 62-10 which terminated the terms of all members serving as of January 1, 2013 when this section becomes law and provided for staggered terms for subsequent appointees by the Governor.
Adds provision to reduce the terms and number of commissioners. Provides that terms confirmed by the General Assembly prior June 1, 2011 expire as of June 30, 2013. Eliminates two vacant positions in order to comply with the reduction in membership from seven to five.
Provides criteria regarding the appointments to the commission by the Governor. Directs the Governor to submit the names of appointees, subject to confirmation by the General Assembly, by May 1, 2013. Provides that the Governor submit the names of four appointees for terms beginning on July 1, 2013, with two expiring on June 30, 2015 and two expiring on June 30, 2017. Provides that when the terms appointed under this subsection expire, all members are to serve six year terms as provided in GS 62-10.
Wildlife Resources Commission -- Amends GS 143-241, to delete language that increased this commission's membership to ten members, and reinstates the prior requirement for the appointment of eight members. Makes conforming changes. Effective July 1,2013.
Special Superior Court Judges -- Deletes proposed subsection (a8) of GS 7A-45.1, whicheliminated all special judges' seats authorized under this statute except for three seatsdesignated as of January 1, 2013, as business court judges.
Charter School Advisory Committee -- Abolishes the North Carolina Charter School Advisory Council as established by the State Board of Education by Policy TCS-B-006 on August 4, 2011.
Board of Transportation -- Amends GS 143B-350(c) to delete specifications regarding staggered term lengths for board members and instead provides that the terms of all members, with the exception the terms of at-large members appointed by the General Assembly, are to be for four-years beginning January 15, 2013, and every four years thereafter. Provides that the nine board members previously appointed to terms expiring on January 14, 2015 are to expire with the appointment of their replacements as provided in this section. Authorizes the Governor to designate which member is being replaced for each of the new nine appointments.
Post-Release Supervision and Parole Commission -- Amends GS 143B-721, effective February 1, 2013, to provide that the Post-Release Supervision and Parole Commission (Post-Release Commission) is to consist of four full-time members (was, one full time member and two half-time members) appointed by the Governor. Provides that the term of office any member serving on the Post-Release Commission on January 1, 2013 expires on this section's effective date (becomes effective when it becomes law). Provides that the initial term of members appointed under this section expire on June 30, 2017.
Mining and Energy Commission -- Amends GS 143B-293.2 to provide that membership on this commission may be concurrent with other elective or appointive offices in addition to the maximum number of offices allowed tobe held by one person under GS 128-1.1.
Office of Administrative Hearings -- Amends GS 7A-752 to authorize the Governor, subject to confirmation by the General Assembly (was, the Chief Justice), to appoint the Chief Administrative Law Judge of the Office of Administrative Hearings for a five-year term (was, four-year). Also authorizes the Governor to appoint additional administrative law judges (ALJs)to serve in the Office of Administrative Hearings (was, the Chief Administrative Law Judge appointed additional ALJs). Provides that each ALJ appointed under this section is to serve a term of five years.
Amends GS 7A-760(a) toexempt ALJs appointed by the Governor under GS 7A-753 on or after June 30, 2013 from the provisions of the State Personnel Act. Does not apply to any ALJs serving onthe effective date of this act.
Makes the provisions of this section effective June 30, 2013 and applicable to appointments of the Chief Administrative Law Judge and additional ALJs on or after that date.
State Personnel Commission --Amends GS 126-2(b) to make adjustments to the membership of the State Personnel Commission (SPC). Retains that the SPC is to have nine members but authorizes the appointment of five members by the Governor (was, seven) and the appointment of four members by the General Assembly. delineates additional criteria for the appointment of members to the SPC. Sets term lengths at four years. Provides various expiration dates for terms of member of the SPC as of January 1, 2013. Provides that SPC members subject to GS Chapter 126 (was, the State Personnel Act) are entitled to administrate leave without loss of pay in order to conduct the business of the SPC.
North Carolina Criminal Justice Education and Training Standards Commission -- Amends GS 17C-3(a) to reduce the number of criminal justice officer members appointed by to the Standards Commission by the NCAssociation of Chiefs of Police (was, the Law Enforcement Officers Association) to one (was, two). Also adds one individual selected by the North Carolina Sheriff's Association to the membership of the Standards Commission.
Issues Relating to Independent Occupational Licensing Boards -- Adds new GS 93B-8.1 regarding the use of criminal records history. Defines terms as used in this section. Prohibitsan occupational licensing board from automatically denying licensure based on an applicant's criminal history, unless the law governing a particular licensing board provides otherwise. Provides that the licensure board allowed to deny a license on the basis of an applicant's conviction of a crime or for commission of a crime involving moral turpitude or fraud, may deny the license if it finds the denial is warranted after considering specific factors. Also permits a board to deny a license to an applicant who refuses to consent to a criminal history record check, fingerprinting, or other identifying information required by the State or National Repositories of Criminal Histories.
Directs the Joint Legislative Program Evaluation Oversight Committee (Committee)to include a study to evaluate the operations of the various independent occupational licensing boards in its 2013-14 Work Plan for the Program Evaluation Division of the General Assembly. Defines occupational licensing board as having the same meaning as in GS 93B-1. Indicates components required to be addressed in the study. Requires the Program Evaluation Division to submit its findings and recommendations from the study to the Committee and the Joint Legislative Administrative Procedure Oversight Committee at a date to be determined by the Committee.
Contains a severabilityclause providing that finding any provision of this act or its application to be invalid does not invalidate the remainder of the act. Unless otherwise indicated this act is effective when it becomes law. Requires the appointing authorities to determine by July 1, 2013. which terms to be eliminated in order to achieve the membership totals under this act, if the terms of office eliminated in this act have not been set out. Directs the appointing authority to notify in writing, after determining which terms to eliminate,all the persons and entities required to receive notice under GS 143-47.7.
|Intro. by Apodaca, Hunt, Rabon.||GS 115C, GS 7A, GS 17C, GS 18C, GS 62, GS 90, GS 93B, GS 97, GS 113A, GS 116C, GS 120, GS 126, GS 136, GS 143, GS 143B, GS 163|
Senate committee substitute makes the following changes to the 1st edition.
Adds a new subsection (i1) to GS 115C-238.29F, to require that a charter school receiving real property under GS 160A-274 offer the right of first refusal to the governmental unit thatconveyed the real property to the charter school, before the charter schooldisposes of the real property, if that property wasconveyed at less than full and fair market value. Makes a conforming change.
Senate committee substitute to the 1st edition makes a clarifying change in the effective date provision by specifying the applicable Article.
|Intro. by Clodfelter.||GS 44A|
Amends GS 14-112.2 (criminal exploitation of an elder adult or disabled adult) defining elder adult as any person 60 or older and removing requirement that the person lack ability to safeguard his or her rights or resources. Makes it a crime to obtain or use an elder or disabled adult's resources by deception or intimidation. Also removes requirement that perpetrator of financial exploitation knows victim lacks capacity to consent.
Amends GS 53B-4 (Access to financial records) and GS 53B-9 (duty of financial institutions; limitation of liability) to allow access to financial records by a county department of social services director or law enforcement agency investigating a credible report of financial exploitation following specified notice to the financial institution.
Amends GS Chapter 108A (Protection of Abused, Neglected or Exploited Disabled Adults) adding section GS 108A-106.1. Requires financial institutions to provide financial records of a disabled adult customer to county departments of social services following specified notice of investigation of financial exploitation. Provides immunity for financial institutions and law enforcement agencies, and officers and employees, who provide, seek, or obtain records. Provides that customers shall not be subject to criminal or civil action based on the information disclosed, but such financial information may be used against a joint account owner accused of financial exploitation.
Amends GS Chapter 108A adding a new Article 6A (Protection of Older Adults From Financial Exploitation). States legislative intent to fight financial exploitation. Encourages financial institutions to maintain a contact list for older adult customers in case of financial exploitation. Requires financial institutions to report suspected financial exploitation to law enforcement and the person's contact list. Similar to provisions for new section GS 108A-106.1 above, requires disclosure of financial records upon proper notice, provides immunity for financial institutions and law enforcement, and provides customer protections from disclosure.
Amends SL 2011-189 to require the Task Force on Fraud Against Older Adults to report by February 1, 2013 (was, October 1, 2012), and also requires a report on the efficacy of any adopted recommendations to the Joint Legislative Oversight Committee on Health and Human Services prior to the 2014 Regular Session. Dissolves the Task Force upon filing its final report on May 1, 2015. Adds to the Task Force the North Carolina Credit Union League and an association representing non-depository financial institutions.
Effective six months after the act becomes law, except for Task Force matters that are effective when the act becomes law.
Amends Section 1.I.2 of Senate Resolution 46, adopted on 2/14/13, providing for the acceptance of suggestions of proposed candidates to extend to March 1, 2013 (was, February 22, 2013).
Amends Section 1.I.3 to extend the submission deadline for Statements of Economic Interest for formal nominees to March 1, 2013 (was, Febraury 22, 2013). The submission of a Statement of Economic Interest 2013 No Change Form will not count as a complete submission for formal nominees.
Amends Section 1.I.4 stating the Senate Committee will list all proposed candidates for nomination on or after March 4, 2013 (was, February 23, 2013).
Makes other clarifying changes.
|Intro. by Apodaca.||SENATE RES|
Amends GS 20-79.4(b) as title indicates. Plate issuance is contingent on the receipt of at least 300 plate applications. Establishes a special plate fee of $30 and requires that $20 of that amount be transferred quarterly to NC FIRST Robotics to support its mission of inspiring youth to pursue studies and careers in science and technology and helping students acquire the knowledge and skills to compete in a technological global economy. Effective July 1, 2013.
|Intro. by Tarte.||GS 20|
Substantively identical to H 58, filed 1/31/13.
GS 143C-6-23(d) sets out policies governing the disbursement and monitoring of state grants. Adds several policies, including requirements for contracts awarding grants, a requirement to create mandatory periodic reporting requirements for grantees and subgrantees, and a monitoring plan. Enacts new subsection (f1), authorizing state agencies that oversee certain grants to withhold up to 2% of the grant amount to cover oversight costs, after following the specified guidelines. Amends GS 143C-6-23(f) to direct the Office of the Controller to stop payments to a grantee following notification by the Office of State Budget and Management to suspend disbursement. Effective July 1, 2013.
Effective July 1, 2015, adds the requirement that grantees submit cash-basis reporting within 90 days after the end of the fiscal year to the list of policies in GS 143C-6-23(d).
|Intro. by Hartsell.||GS 143C|
Substantively identical to H 61, filed 1/31/13.
Directives. Directs all state agencies and institutions to update vehicle registration records for all state-owned vehicles with the Department of Transportation, Division of Motor Vehicles, by October 1, 2013, and sets out required procedures, including the duty to establish a standard naming convention for the agency's name on forms. Transfers to the Department of Administration (DOA) all passenger vehicles owned by state agencies and identified in the specified Program Evaluation Division report and directs DOA to report to the Joint Legislative Commission on Governmental Operations by November 15, 2013. Directs the Division of Motor Fleet Management (Division) in the DOA to monitor the rate structure that became effective January 1, 2012, and to report on the structure's effects on assigned vehicle utilization and replacement by February 14, 2014. Directs the Division to improve its management practices, as indicated, and to report on improvements by February 14, 2014. Requires the State Controller, by October 1, 2013, to present to the Joint Legislative Program Evaluation Oversight Committee a plan to create and operate a statewide fleet management system that would require all state agencies and institutions to report identification, utilization, and cost data, as detailed. Transfers $10,000 from the internal service fund for Motor Fleet Management to the Office of State Controller to fund the plan. Directs the Division, in 2013-14, to test telematics services by installing the packages in a sample of vehicles and to report on the testing by September 15, 2014. Creates five receipt-supported positions in the Division, effective October 1, 2013.
Statutory Changes.Renames the "Division of Motor Fleet Management" the "Division of State Fleet Management" (State Fleet Management), and makes a conforming change to add subdivision (12) to GS 143-341, placing State Fleet Management under the purview of the DOA. Adds new Article 18, State-Owned Motor Vehicles, to GS Chapter 20 to require all state agencies and institutions to comply with the enumerated state vehicle policies. Recodifies several listed provisions currently under GS 143-341(8)i. as provisions under newly created GS 143-341(12) or new Article 18 in GS Chapter 20. Makes conforming and clarifying changes to the recodified provisions. Directs State Fleet Management to file an annual report with the General Assembly on state entities' failures to comply with the requirements and makes a violation a Class 1 misdemeanor. Provides that state-owned vehicles must be marked to indicate the agency or institution that owns or operates the vehicle and as otherwise required by GS 20-39.1. Prohibits the following entities from transferring passenger vehicles to the DOA: (1) Highway Patrol, (2) State Bureau of Investigation, (3) vehicles of constituent institutions of UNC that are used primarily for law-enforcement purposes, and (4) Department Public Safety vehicles used for Butner Public Safety. Sets the minimum rates for state agency vehicles. Directs DOA to adopt rules to permanently assign state-owned vehicles based on miles traveled, frequency of use, and purpose. Further amends new GS 143-341(12) to list the powers and duties of the State Fleet Management. Makes the provisions concerning expansion to State Fleet Management effective January 1, 2014. Permits the DOA to use funds from the Motor Fleet Management internal service fund to expand to the State Fleet Management.
As title indicates. Amends GS 14-269.2 (weapons on campus or other educational property) by adding and defining school board of trustees and school board administrative director to definitions applicable to this section.
Creates new subdivisions GS 14-269.2(g)(7) and (8) that exempt employees or volunteers of private schools from criminal liability and the ban on carrying concealed weapons on educational property or during extracurricular/curricular activities when they meet the following criteria: (1) the person has written authorization from the school board of trustees or the school administrative director to carry a concealed weapon; (2) the weapon is a firearm, tear gas, or stun gun; (3) the person has a valid concealed handgun permit; (4) the person completes a minimum of eight hours of supervised courses relating to gun safety and the appropriate use of firearms annually; (5) the private school adopts and maintains written standard operating procedures for the carrying of approved concealed weapons on the educational property and distributes the standards annually to parents; and (6) the person is on the premises of the educational property operated by the private school at which the person is an employee or a volunteer. Also exempts individuals that have a valid concealed handgun permit and that are in a place of religious worship located on educational property while the person is attending worship services and other sacerdotal functions.
Effective December 1, 2013.
|Intro. by Bingham, Brock, Hise.||GS 14|
Substantively identical to H 55, filed 1/31/13.
As title indicates.
|Intro. by Hartsell.||JOINT RES|
Amends GS 87-43.1, as the title indicates.
|Intro. by Hunt.||GS 87|
The Daily Bulletin: 2013-02-27
The Daily Bulletin: 2013-02-27
Senate committee substitute makes the following changes to the 3rd edition.
Provides that the right, title, and interest that the City of Charlotte (city) is to transfer to the Charlotte Regional Airport Authority (Authority) also includes leases, licenses, options to purchase, and other encumbrances on the airport property, whether or not those encumbrances are recorded. Provides that the Authority assumes all rights, duties, and obligations of the city in commercial or development agreements pertaining to the property, upon the transfer of the airport property.
Provides that the Authority may acquire property or aviation easements needed for any airport, landing field, or facility via gift, devise, or purchase (was, private purchase).
Clarifies that the power of eminent domain under Article 3 of GS Chapter 40A may be used by the Authority for a public use only foran airport purpose(was, provided that GS Chapter 40A did not apply to the Authority unless the power of eminent domain was required by federal or state law). In addition, requires that any eminent domain proceeding must be authorized by a majority of the local government appointees (was, must be authorized jointly by all of the 11 appointing authorities),of the Authority as provided in Sections 4(a)(1) through (8) of this act. Provides that for purposes of GS Chapter 40A, the Authority is a public condemnor under GS 40A-3(c).
|Intro. by Rucho.||Mecklenburg|
Allows Cornelius, Davidson, Huntersville, Mooresville, and Troutman to enforce ordinances adopted under (1) GS Chapter 160A, (2) the city's charter, or (3) a local act on the waters of Lake Norman extending 2,500 feet from the 760 waterline on the shore. Effective July 1, 2013.
Actions on Bills: 2013-02-27
H 36: HONOR JOE HEGE.
H 82: IRC UPDATE.
H 147: AMEND ADOPTION LAWS.
H 154: HOME BIRTH FREEDOM ACT.
H 156: HONEST LOTTERY ACT.
H 169: HONOR FALLEN SOLDIERS.
H 171: CITIZENS UNITED RESPONSE.
H 172: CLARIFY LEC PROCEDURES/TC.
H 175: HOAS/NO HOME FORECLOSURES.
H 176: CHARTER SCHOOL ELECTION.
H 182: ADJOURNMENT (NEW).
S 138: BIBLE STUDY ELECTIVE.
S 141: UNC BOARD OF GOVERNORS.
Actions on Bills: 2013-02-27
S 95: TABOR CITY ELECTION.
S 134: WINSTON-SALEM FRANCHISES.
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