The Daily Bulletin: 2013-03-04

The Daily Bulletin: 2013-03-04

PUBLIC/HOUSE BILLS
H 200 (2013-2014) REQUIRE CERTAIN GENERAL REAPPRAISALS. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO CORRECT GENERAL REAPPRAISALS RESULTING IN PROPERTY VALUES THAT DO NOT COMPLY WITH THE REQUIREMENTS OF NORTH CAROLINA LAW BY SETTING FORTH THE STEPS REQUIRED TO BRING THE GENERAL REAPPRAISAL INTO COMPLIANCE WITH THE APPLICABLE PROPERTY TAX MANDATES.

Directs boards of county commissioners to either (1) conduct a reappraisal, by no less than one appraiser certified by the Department of Revenue (DOR) for mass valuation per 4,250 parcels, within 18 months, applicable to all tax years from and including the tax year when the last general appraisal was performed, or (2) have a qualified appraisal company conduct a total review of all the values in the county by neighborhood and make recommendations as to the true value of the properties as of January 1 of the year of the last general review, when all of the following conditions are met:

(1) County has independent, corroborating evidence that the majority of commercial neighborhoods in the county have significant issues of inequity in valuations.

(2) County has independent, corroborating evidence that residential neigborhoods have instances of inequity or erroneous data that had significant impact on the valuation of the neighborhood.

(3) County's last general reappraisal was performed for the 2008, 2009, 2010, 2011, 2012 tax year.

(4) The independent, corroborating evidence came from a review performed by a qualified appraisal company selected and retained by the county and registered with the DOR and had a sample size of no less than 375 properties.

Directs boards of commissioners to, after the above review or reappraisal is completed, make any change to property abstracts and tax records needed to ensure that assessed values of incorrectly appraised properties in the county reflect the true values, effective the year of the last general reappraisal, applying the adjusted values for each tax year until the next general reappraisal, unless those values are changed pursuant to GS 105-287.

The changes noted above will be prioritzed as follows:

(1) Adjustments to parcels with errors that resulted in significantly overstated value.

(2) Adjustments to parcels with errors that resulted in significantly understated value.

(3) Adjustments to parcels with errors that resulted in overstated value.

(4) Adjustments to parcels with errors that resulted in understated value.

Directs any overpayment of taxes, as a result of overstated valuations, to be refunded, with interest paid on the overpayment pursuant to GS 105-360(e). Also requires additional payment of taxes on properties that were undervalued to be paid in accordance to GS 105-312.

Includes a severability clause.

Intro. by W. Brawley, Cotham.UNCODIFIED
H 201 (2013-2014) BUILDING REUTILIZATION FOR ECONOMIC DEV. ACT. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE APPLICABILITY OF THE ENERGY CONSERVATION CODE TO CERTAIN EXISTING NONRESIDENTIAL BUILDINGS, TO CLARIFY STORMWATER PROGRAM IMPERVIOUS SURFACE CALCULATIONS FOR REDEVELOPMENT, TO CREATE AN EXEMPTION FROM THE NORTH CAROLINA ENVIRONMENTAL PROTECTION ACT FOR THE REOCCUPATION OF AN EXISTING BUILDING OR FACILITY, AND TO AMEND THE STATUTE GOVERNING THE DEPARTMENT OF COMMERCE RURAL ECONOMIC DEVELOPMENT DIVISION.

Requires the Building Code Council (Council) to adopt an energy conservation building code and an energy conservation part for the State Building Code Residential Code that is identical to the 2009 State Building Code Energy Conservation Code and the energy conservation part in the 2009 State Building Code Residential Code. Effective when those rules become effective, requires the Council to repeal the 2012 State Building Code Energy Conservation Code and the energy conservation part of the 2012 State Building Code Residential Code.

Prohibits specified corrective and punitive actions from being taken because of a violation of (1) the 2012 State Building Code Energy Conservation Code if it would not have also been a violation of the 2009 State Building Code Energy Conservation Code or (2) the energy conservation part of the 2012 State Building Code Residential Code if it would not have also been a violation of the 2009 State Building Code Residential Code.

Intro. by Torbett. UNCODIFIED
H 202 (2013-2014) NCNG ADJUTANT GENERAL APPOINTMENT CRITERIA. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE CRITERIA FOR APPOINTMENTS TO THE OFFICE OF ADJUTANT GENERAL OF THE NORTH CAROLINA NATIONAL GUARD.

Amends GS 127A-19 as the title indicates. Requires that the person holding the office of Adjutant General must be (was, may) a member of the active North Carolina National Guard (was NC National Guard or naval militia). Delineates six additional specified criteria to be met for appointment to the office, including at least 10 years commissioned services in the NC National Guard (was, at least 5 years comissioned service in an active status in any component of the US Armed Forces).

Intro. by Hastings, Daughtry, Fulghum, Riddell.GS 127A
H 203 (2013-2014) REVISIONS/HOMEOWNER/HOMEBUYER PROTECTION ACT. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT AMENDING THE HOMEOWNER AND HOMEBUYER PROTECTION ACT.

Amends GS 47G-1 to make clarifying changes and technical correctionsto the following definitions as they apply in GS Chapter 47G (Option to Purchase Contracts Executed With Lease Agreements): (1) covered lease agreement, (2) option contract or contract, and (3) option fee.

Amends GS 47G-7and GS 47H-8to delete theprovision that a violation of any provision of Chapter 47G constitutes an unfair and deceptive trade practice under GS 75-1.1.

Amends GS 47H-2 toadd that the minimum content for a deed contract must also contain a completed residential property disclosure statement as provided in GS Chapter 47E. Deletes two specified requirements as delineated in current GS 47H-2.

Current law provides that a seller whose title is not held in fee simple but is encumbered by any obligation that constitutes a lien on the propertymay execute a contract for deed only if theunderlying mortgage or encumbranceis in the seller's name. Amends GS 47H-6(Title requirements) to remove as a condition for the sale of such encumbered property that the lien be attached only to the property sold to the purchaser under the contract for deed. Makes organizational changes.

Amends GS 75-120 to define default as meaningwhenever a notice of default is filed in the county where the property is located on the loan or debt that is secured by the property, including real estate taxes (was, defined as whenever a property is more than 60 days delinquent of the loan or debt secured by the property).

Amends GS 75-121, which allows an exception to the prohibition against foreclosure rescue transactions, todelete language that required the appraisal for purposes of the exceptionto be delivered to the person transferring the property no more than three days after the appraisal and no less than seven days prior to the transfer of the property. Also deletes language that this section does not apply to exempt transactions.

Effective October 1, 2013, and applies to transactions entered on or after that date.

Intro. by Stam.GS 47G, GS 75, GS 47H
H 204 (2013-2014) UPDATE/MODERNIZE/MIDWIFERY PRACTICE ACT. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT REQUIRING THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES TO STUDY WHETHER CERTIFIED NURSE MIDWIVES SHOULD BE GIVEN MORE FLEXIBILITY IN THE PRACTICE OF MIDWIFERY.

Amends GS 90 by adding new section, GS 90-19.7, Limitations on nurse-midwives, providing that nurse-midwives approved under Article 10A of GS Chapter 90 may use the title certified nurse-midwife. Others that hold themselves out as such are in violation. Certified nurse-midwives are authorized to write prescriptions if (1) the individual has been approved by the joint subcommittee of the North Carolina Medical Board and the Board of Nursing(subcommittee) established under GS 90-178.4; (2) the subcommittee has assigned an i.d. number to the nurse-midwife, which appears on the written prescription; (3) written instructions about indications and contraindications for prescribing drugs and policy for periodic review of the drugs prescribed have been provided to the nurse-midwife by the subcommittee.

Directs the subcommittee to adopt rules for approving individual nurse-midwifes to write prescriptions, with any limitations deemed in the best interest of patient health and safety.

Amends GS 90-178.2, Definitions, by adding and defining certified nurse-midwife, intrapartum care, and primary care. Deletes Interconceptional care term and definition. Updates, adds language to, and makes technical and conforming changes to midwifery, newborn care, postpartum care, and prenatal care definitions.

Amends GS 90-178.3, Regulation of midwifery, by stating that a person engaging in the unapproved pactice of midwifery is not only in violation of Article 10A of GS 90 but also in violation of practicing medicine without a license.  Requires certified nurse-midwives to practice within a health care system that provides for consultation, collaborative management, or referral. Midwifery standards must be consistent with the standards of care established by the American College of Nurse-Midwives. Each nurse midwife must provide each patient with information regarding or referral to other providers and services at the request of the patient or when requried care is outside the scope of the midwife's practice.

Amends GS 90-178.4(a), altering the makeup of the subcommitte. Requires that  seven additional members of the subcommittee consist of five certified nurse-midwives  appointed by the recommendation of the NC Affilaite of the Amercian College of Nurse-Midwives, and two physicians actively engaged in the practice of obstetrics (was, four additional members, two certified midwives, and two obstetricians who have worked with certified midwives).

Amends GS 90-178.4, addding a new subsection requiring the subcommittee to adopt rules requiring a certified nurse-midwife that attends a planned birth outside of a hospital to obtain a signed informed consent agreement from the patient. Information about the certified nurse-midwife's liability insurance coverage must be included.

Amends GS 90-178.5, Qualification for approval, requiring the submittal of certification by the American Midwifery Certification Board (was, American College of Nurse Midwives). Makes other technical and conforming changes.

Amends GS 90, by adding a new section, GS 90-178.8, Limit vicarious liability, limiting the liability of physicians, physician assistants, or nurses licensed under GS 90 from being held liable for civil damages as a result of medical care given to a woman or infant in an emergency situation when the emergency situation arises during the delivery or birth of the infant as a consequence of care provided by a nurse mid-wife approved under GS 90, who attends a planned birth outside of a hospital setting. Also limits the liability of health care facilities licensed under GS 122C and 131E in the same manner. Liability is not limited in cases of gross negligence or wanton misconduct.

Intro. by Stevens, Burr, Glazier, Hamilton. GS 90
H 206 (2013-2014) HONOR SPONSORS OF PITTMAN-ROBERTSON ACT. Filed Mar 4 2013, A HOUSE RESOLUTION HONORING THE MEMORY OF UNITED STATES SENATOR KEY PITTMAN AND REPRESENTATIVE ABSALOM WILLIS ROBERTSON, WHILE COMMEMORATING THE SEVENTY-FIFTH ANNIVERSARY OF THE WILDLIFE AND SPORT FISH RESTORATION PROGRAMS.

As title indicates.

Intro. by Moffitt.HOUSE RES
H 207 (2013-2014) EXPUNCTION OF DRUG OFFENSES. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW THE EXPUNCTION OF CERTAIN DRUG OFFENSES.

Enacts new GS 15A-145.6, Expunction of drug offenses. Defines (1) cleanas meaning free from drug addiction and any unlawful use of controlled substances and (2) drug offenseas a conviction of any violation of GS 90-95(a) through GS 90-95(g), but excluding any conviction for a violation of GS 90-95(h).

Provides for treating convictions for multiple drug offenses under this proposed statute as one drug offense and that an expunction order issued under this section applies to the multiple drug offense convictions. Does not require that the convictions have occurred in the same session of court.

Provides criteria for petitioning for the expunction of a drug offense from the person's criminal record, including conditions to be met (including being clean for at least one year before petitioning), timing for filing the petition (15 years after specified events), and the content of the petition for expunction.

Requires that the petition be served on the district attorney of the court where the case resulting in conviction was tried. Provides criteria for the filing of an objection to the petition by the district attorney, the role of the court in the proceedings,and what evidence must be reviewed by the court in making its decision. Enumerates findings necessary for the court to order the petitioner to be restored, in the eyes of the law, to the status the person occupied before the conviction. Directs the court to include a finding as to the reason for a denial of a petition.

Prohibits charging a person who has received an expunction order under subsection (e) of this statute with perjury or otherwise making a false statement for failure to recite oracknowledge the arrest, indictment, trial, or conviction. However, persons seeking certification under GS Chapter 17C or 17E are required to disclose any and all convictions to the certifying commission, regardless of whether or not the convictions were expunged under this statute.

Provides, in subsection (h) of proposed GS 15A-145.6, additional requirements regarding the expunging of a conviction from court and law enforcement recordsand any other applicable state or local government agency records. Requires the reversal of any administrative actions taken against a person whose record is expunged. However, this subsection does not apply to the Department of Justice for DNA records and samples stored in the state DNA Database and the state DNA Databank or to fingerprint records.

Sets a filing fee for an expunction of a criminal record under this statute at $175 paid to the clerk of superior court. Collected fees are to be deposited in the General Fund and this subsection does not apply to indigent persons who file a petition.

Amends the meaning of nonviolent misdemeanoror nonviolent felonyas used in GS 15A-145.5(a)(5) to delete language that excluded the terms from referring to any felony offense in GS Chapter 90 involving methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine.

Makes conforming changes toGS 15A-151(a), GS 17C-13(b), and GS 17E-12(b).

Effective December 1, 2013.

Intro. by Brandon.GS 15A, GS 17C, GS 17E
H 208 (2013-2014) BAN THE BOX. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT AMENDING THE LABOR LAWS TO PROHIBIT AN EMPLOYER FROM INQUIRING WHETHER AN APPLICANT FOR EMPLOYMENT HAS BEEN CONVICTED OF A CRIMINAL OFFENSE AND TO PROVIDE THAT A CIVIL PENALTY MAY BE ASSESSED AGAINST ANY EMPLOYER WHO COMMITS THAT UNLAWFUL ACT.

Enacts new GS 95-246 in new Article 21A (Unlawful Employment Practices) to make it unlawful for an employer to ask an applicant (or seek out information as to) whether the applicant has ever been convicted of a criminal offense. Allows for the assessment of a $100 penalty for each violation. Allows an employer to inquire about whether an applicant has been convicted of a criminal offense after the employer extends a conditional offer for employment or where granting employment may involve an unreasonable safety risk. Requries the Commissioner of Labor to adopt rules to (1) define employment categories where past criminal history may involve an unreasonable safety risk and (2) establish factors to be considered in assessing whether an individual's past criminal history poses an unreasonable risk. Effective October 1, 2013, and applies to employment applications made on or after that date.

Intro. by Brandon, Pierce.GS 95
H 209 (2013-2014) DV ORDERS/FINDINGS NOT REQUIRED (NEW). Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A CONSENT PROTECTIVE ORDER ENTERED UNDER CHAPTER 50B OF THE GENERAL STATUTES MAY BE ENTERED WITHOUT FINDINGS OF FACT AND CONCLUSIONS OF LAW UPON THE WRITTEN AGREEMENT OF THE PARTIES.

Amends GS 50B-3 to allow entering a consent protective order without findings of fact and conclusions of law if the parties agree in writing that those items will not be included in the order. Provides that the consent protective order is valid and enforceable and has the same force and effect as a protective order entered with findings of fact and conclusions of law.

Amends GS 50C-5 to allow the court to assess attorney's fees to either party as a form of relief in a civil no contact order.

Applies to orders entered on or after October 1, 2013.

Intro. by Stevens, T. Moore. GS 50B, GS 50C
H 210 (2013-2014) HONOR DOC WATSON. Filed Mar 4 2013, A HOUSE RESOLUTION HONORING ARTHEL LANE "DOC" WATSON, LEGENDARY SINGER AND MUSICIAN.

As title indicates.

Intro. by Elmore, Jordan.HOUSE RES
H 211 (2013-2014) WEIGHT LIMITS/ANIMAL FEED TRUCKS. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO MODIFY THE WEIGHT RESTRICTIONS APPLICABLE TO VEHICLES TRANSPORTING FEED THAT IS USED IN THE FEEDING OF POULTRY OR LIVESTOCK WHEN TRAVELING WITHIN ONE HUNDRED FIFTY MILES OF THE POINT OF ORIGIN TO CERTAIN LOCATIONS.

Amends GS 20-118(c)(12) toexempt vehicles transporting poultry or livestock feed from a storage facility, holding facility, or a mill to a farm within 150 miles of the point of origin from the weight limitations imposed in subsection (b) of GS 20-118 and penalties for violating those weight limits in subsection (e).

Effective July 1, 2013.

Intro. by Dixon, Brisson, J. Bell, L. Bell.GS 20

The Daily Bulletin: 2013-03-04

PUBLIC/SENATE BILLS
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.

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

Amends GS 90-106.2 as follows.

Adds language that permits a practitioner, that is prescribing, dispensing, or distributing an opioid antagonist, to require the receipt of a written communication that provides a factual basis for concluding that the person seeking the opiod antagnonist is at risk of an opiate-related overdose or that a person who is not at risk of experiencing the overdose but is seeking the opioid antagonist is a family member, friend, or other person and is in the position to help a person at risk of experiencing the opiate-related overdose.

Adds language defining evidence of the use of reasonable care in administering an opioid antagnonist as the receipt of basic instruction and information on how to administer the opioid antagonist.

Amends the act's effective date, changing it to apply new GS 90-96.2 to persons needing or seeking medical assistance on or after December 1, 2013, and GS 90-106.2 as becoming effective December 1, 2013 and applying to persons prescribing, dispensing, distributing, or administering an opioid antagonist on or after that date.

Intro. by Bingham, Allran. GS 90
S 33 (2013-2014) USE OF CRIMINAL HISTORY RECORDS BY LIC. BDS. Filed Jan 31 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT OCCUPATIONAL LICENSING BOARDS CONSIDER CERTAIN FACTORS BEFORE DENYING LICENSES TO APPLICANTS WITH CRIMINAL RECORDS, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.

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

Amends GS 93B-8.1(b) to add written documents, including character references, to the factors that may be considered by a board when deciding whether to deny a license because of an applicant's criminal conviction or commission of a crime involving fraud or moral turpitude. Further amends GS 93B-8.1 to provide that the section does not apply to the NC Criminal Justice Education and Training Standards Commission and the NC Sheriff's Education and Training Standards Commission.

Intro. by Hartsell.GS 93B
S 91 (2013-2014) PROHIBIT EXPUNCTION INQUIRY. Filed Feb 14 2013, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW PERTAINING TO ADMINISTRATIVE ACTION THAT MAY BE TAKEN BY AN OCCUPATIONAL LICENSING BOARD AS A RESULT OF EXPUNGED CHARGES OR CONVICTIONS UNDER G.S. 15A-145.4 AND G.S. 15A-145.5; TO PROHIBIT AN EMPLOYER OR EDUCATIONAL INSTITUTION FROM REQUESTING THAT AN APPLICANT PROVIDE INFORMATION REGARDING AN ARREST, CRIMINAL CHARGE, OR CRIMINAL CONVICTION OF THE APPLICANT THAT HAS BEEN EXPUNGED; AND TO REQUIRE A STATE OR LOCAL GOVERNMENT AGENCY TO ADVISE AN APPLICANT THAT THE APPLICANT IS NOT REQUIRED TO DISCLOSE INFORMATION REGARDING AN ARREST, CRIMINAL CHARGE, OR CRIMINAL CONVICTION OF THE APPLICANT THAT HAS BEEN EXPUNGED PRIOR TO REQUESTING DISCLOSURE.

Senate Committee Substitute makes the following changes to the 1st edition.

Amends GS 15A-145.4 (under age 18 at the time of commission of a nonviolent felony)and 15A-145.5 (expunction of certain misdemeanors and felonies regardless of age)to provide that when a person's conviction record is expunged under either of the two statutes wherethe charge or conviction was the result of an administrative action by a state or local government agency, then that agency must also vacate (was, reverse) any actions taken against the person whose record is expunged. Provides that if the agency is an occupational licensing board, then the person whose record is expunged may reapply for licensure and must satisfy current licensing requirements. Effective when this act becomes law.

Amends proposed GS 15A-153to provide that its provisions do not prohibit an employer from asking a job applicant about criminal charges or convictions that have not been expunged and are a part of the pubic record. Provides that a person whose record is expunged is not guilty of perjury or making a false statement for failing to acknowledge or reveal information about the expunged criminal record when asked. However, provides that the prohibition against an entity requiring disclosure of an expunged arrest, criminal charge, or conviction does not apply to (1) state or local law enforcement agencies authorized under GS 15A-151 to obtain confidential information for employment purposes, or (2) an applicant or licensee seeking or holding certification issued by the NC Criminal Justice Education and Training Standards Commission or the NC Sheriff's Education and Training Standards Commission.

Imposes acivil penaltyof up to $500 for each violation, on any employer found to be inviolation of subsection (c) of this statute, which prohibits employers or educational institutions from requiring disclosure of anexpunged arrest,criminal charge, orconviction. Applies only to violations of proposed GS 15A-153 occurring on or after December 1, 2013.

Deletes provision making it a Class 3 misdemeanor for each violation ofproposed GS 15A-153. Specifies that this actdoes not create a private cause of action against an employer, educational institution, or state or local government agency.

Except as otherwise indicated, effective December 1, 2013.

Intro. by Daniel, Goolsby, Kinnaird. GS 15A
S 159 (2013-2014) REQUIRE CERTAIN GENERAL REAPPRAISALS. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO CORRECT GENERAL REAPPRAISALS RESULTING IN PROPERTY VALUES THAT DO NOT COMPLY WITH THE REQUIREMENTS OF NORTH CAROLINA LAW BY SETTING FORTH THE STEPS REQUIRED TO BRING THE GENERAL REAPPRAISAL INTO COMPLIANCE WITH THE APPLICABLE PROPERTY TAX MANDATES.

Identical to H 200, filed 3/4/13.

Directs boards of county commissioners to either (1) conduct a reappraisal, by no less than one appraiser certified by the Department of Revenue (DOR) for mass valuation per 4,250 parcels, within 18 months, applicable to all tax years from and including the tax year when the last general appraisal was performed, or (2) have a qualified appraisal company conduct a total review of all the values in the county by neighborhood and make recommendations as to the true value of the properties as of January 1 of the year of the last general review, when all of the following conditions are met:

(1) County has independent, corroborating evidence that the majority of commercial neighborhoods in the county have significant issues of inequity in valuations.

(2) County has independent, corroborating evidence that residential neigborhoods have instances of inequity or erroneous data that had significant impact on the valuation of the neighborhood.

(3) County's last general reappraisal was performed for the 2008, 2009, 2010, 2011, 2012 tax year.

(4) The independent, corroborating evidence came from a review performed by a qualified appraisal company selected and retained by the county and registered with the DOR and had a sample size of no less than 375 properties.

Directs boards of commissioners to, after the above review or reappraisal is completed, make any change to property abstracts and tax records needed to ensure that assessed values of incorrectly appraised properties in the county reflect the true values, effective the year of the last general reappraisal, applying the adjusted values for each tax year until the next general reappraisal, unless those values are changed pursuant to GS 105-287.

The changes noted above will be prioritzed as follows:

(1) Adjustments to parcels with errors that resulted in significantly overstated value.

(2) Adjustments to parcels with errors that resulted in significantly understated value.

(3) Adjustments to parcels with errors that resulted in overstated value.

(4) Adjustments to parcels with errors that resulted in understated value.

Directs any overpayment of taxes, as a result of overstated valuations, to be refunded, with interest paid on the overpayment pursuant to GS 105-360(e). Also requires additional payment of taxes on properties that were undervalued to be paid in accordance to GS 105-312.

Includes a severability clause.

Intro. by Tarte, Rucho.UNCODIFIED
S 163 (2013-2014) RECLAIMED WATER AS A SOURCE WATER. (NEW) Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO DESIGNATE RECLAIMED WATER AS A SOURCE WATER UNDER CERTAIN CONDITIONS.

Enacts new GS 143-350.1, setting out seven principles that constitute the state's water resources policy, which shall govern administrative and judicial determinations regarding water use in the state and any political subdivision. These relate to the protection of water resources, the use of both regulatory and voluntary programs, the encouragement of conservation and efficiency, increased storage capacity and reuse, recognition of the roles of landowners, and preservation of landowner water rights. Amends GS 143-215.22 to prohibit the state or a political subdivision from limiting a landowner's withdrawal and use of water, except as provided in Articles 21 and 38 of GS Chapter 143, Part 4 of Article 7 of GS Chapter 143B, and Article 10 of GS Chapter 130A, when the water is from (1) an impoundment constructed by or owned by the landowner; (2) wells constructed on the landowner's property; or (3) other natural sources of water on the landowner's property, such as captured stormwater, springs, and artesian wells. Amends GS 143-355.3, which deals with water shortage emergency powers, to provide that nothing in the section shall limit a landowner from withdrawing water from the sources listed above for use in agricultural activities (as defined in GS 106-581.1).

Intro. by Jackson, Cook, Rabin.GS 143
S 164 (2013-2014) AUTOPSY FEE INCREASE. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO INCREASE NORTH CAROLINA MEDICAL EXAMINER AUTOPSY FEES.

Amends GS 130A-389 to increase the fee for an autopsy conducted by the Chief Medical Examiner from $1,000, to $1,500. Effective for autopsies performed on or after July 1, 2013.

Intro. by Parmon.GS 130A
S 167 (2013-2014) YOUTH SKIN CANCER PREVENTION ACT. Filed Mar 4 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(a), Restrictions on use and operation of tanning equipment, prohibiting operators of tanning equipment from allowing individuals under 18 years of age from using tanning equipment (was, prohibited 13 years and younger from using tanning equipment without written prescription specifying the nature of the medical condition requiring the exposure).

Effective July 1, 2013.

Intro. by Tucker.GS 104E
S 168 (2013-2014) CLARIFY EDUCATION REPORTING REQUIREMENTS. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO ELIMINATE UNNECESSARY REPORTS AND CLARIFY CURRENT EDUCATION PROGRAM REQUIREMENTS.

Repeals or eliminates the following reports: (1) disadvantaged student supplemental funding report, (2) state board report on personal education plans, (3) teacher mentoring report, (4) UNC report to state board on professional development, and (5) child nutriton standards report.

Makes clarifying, technical, and conforming changes to GS 115C-296, Board sets licensure requirements; reports; lateral entry and mentor programs. Requires the State Board of Education (Board) to create a higher education educator preparation program report card, which includes information collected from annual performance reports for each NC institution offering teacher education programs and master's of education or school administration.

Changes to GS 115C-296 apply beginning with the 2013-2014 school year. Other sections are effective when the act becomes law.

Intro. by Tucker.GS 116, GS 115C
S 171 (2013-2014) LIMIT REGULATION OF GREENHOUSE GAS EMISSIONS. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO PROHIBIT STATE AGENCIES AND LOCAL GOVERNMENTS FROM ADOPTING, IMPLEMENTING, OR ENFORCING A RULE OR ORDINANCE THAT REGULATES GREENHOUSE GAS EMISSIONS OR LIMITS HUMAN ACTIVITY FOR THE PURPOSE OF REDUCING GREENHOUSE GAS EMISSIONS IF THE RULE OR ORDINANCE IS NOT REQUIRED BY A FEDERAL REGULATION OR LAW OR IS MORE STRINGENT THAN A CORRESPONDING FEDERAL REGULATION OR LAW.

Amends GS 143-215.107 to prohibit any agency or local government from adopting, implementing, or enforcing any rule (or ordinance) that regulates greenhouse gas emissions or limits human activity for the purpose of reducing greenhouse gas emissions to the extent that the rule is not required by or is more stringent than any corresponding federal law or regulation. Defines greenhouse gas and human activity.

Intro. by Jackson, Brock, J. Davis.GS 143
S 174 (2013-2014) DISAPPROVE INDUSTRIAL COMMISSION RULES. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO DISAPPROVE CERTAIN RULES ADOPTED BY THE NORTH CAROLINA INDUSTRIAL COMMISSION, TO PROVIDE SPECIFIC DIRECTIONS TO THE INDUSTRIAL COMMISSION TO REPLACE THE RULES, AND TO AMEND CERTAIN PROVISIONS OF THE WORKERS COMPENSATION LAW.

Disapprovesspecified rules (1) as adopted by the Industrial Commission on September 20, 2012, and approved by the Rules Review Commission on October 18, 2012, and (2) as adopted by the Industrial Commission on September 20, 2012, and approved by the Rules Review Commission on November 15, 2012.

Intro. by Brown. UNCODIFIED

The Daily Bulletin: 2013-03-04

LOCAL/HOUSE BILLS
H 205 (2013-2014) CORRECT TECH. ERROR IN BURGAW OCCUPANCY TAX. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO CORRECT A TECHNICAL ERROR IN THE AUTHORIZATION FOR THE TOWN OF BURGAW TO IMPOSE AN OCCUPANCY TAX.

Identical to S 152, filed 2/28/13.

Amends Section 2(a) of SL 2006-167 to require the Burgaw Tourism Development Authority be individuals who are affiliated with businesses that collect the tax in the town of Burgaw and at least one-half (was, three-fourths) of the members be individuals who are currently active in the promotion of travel and tourism in the town.

 

Intro. by Millis.Pender

The Daily Bulletin: 2013-03-04

LOCAL/SENATE BILLS
S 160 (2013-2014) 13TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 13TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Walters.Columbus, Robeson
S 161 (2013-2014) 34TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 34TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Brock.Davie, Iredell, Rowan
S 162 (2013-2014) 15TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 15TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Hunt.Wake
S 165 (2013-2014) 12TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 12TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Rabin.Harnett, Johnston, Lee
S 166 (2013-2014) 48TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 48TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Apodaca.Buncombe, Henderson, Transylvania
S 169 (2013-2014) 47TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 47TH SENATORIAL DISTRICT.

Blank bill.

S 170 (2013-2014) 36TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 36TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Hartsell.Cabarrus, Union
S 172 (2013-2014) JACKSONVILLE OCC. TAX/WRIGHTSVILLE DEANNEX. (NEW). Filed Mar 4 2013, AN ACT TO MODIFY THE USE OF OCCUPANCY TAX PROCEEDS FOR THE CITY OF JACKSONVILLE, TO REMOVE DESCRIBED PARCELS FROM THE CORPORATE LIMITS OF THE TOWN OF WRIGHTSVILLE BEACH, AND TO ANNEX THOSE PARCELS TO THE CORPORATE LIMITS OF THE CITY OF WILMINGTON.

Amends Section 1.1(d) of SL 2009-429 to rquire the Jacksonville Tourism Development Authority to use at least two-thirds of the occupancy tax funds remitted to it for tourism-related expenditures (was, to promote travel and tourism in Jacksonville) and the remainder to promote travel and tourism in Jacksonville (was, remainder for tourism-related expenditures). Effective July 1, 2013, and expires July 1, 2023.

Intro. by Brown.Onslow
S 173 (2013-2014) 6TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 6TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Brown.Jones, Onslow
S 176 (2013-2014) LOCAL/PITT, GREENE, WAYNE, & LENOIR COUNTIES. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATED TO THE COUNTIES OF PITT, GREENE, WAYNE, AND LENOIR, AND THE MUNICIPALITIES WITHIN THOSE COUNTIES.

Blank bill.

Intro. by D. Davis.Greene, Lenoir, Pitt, Wayne
S 177 (2013-2014) HOOKERTON/MAYSVILLE SATELLITE ANNEXATIONS. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO REMOVE CERTAIN RESTRICTIONS ON SATELLITE ANNEXATIONS FOR THE TOWNS OF HOOKERTON AND MAYSVILLE.

Amends GS 160A-58.1(b)(5) to add Hookerton and Maysville to the list of towns and cities exempt from the cap on satellite annexations.

Intro. by D. Davis, Brown.Greene, Jones, GS 160A
S 178 (2013-2014) 11TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT RELATING TO THE 11TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Newton.Johnston, Nash, Wilson
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: 2013-03-04

PUBLIC BILLS

H 17: GUN PERMITS/CONFIDENTIALITY (NEW).

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary Subcommittee A

H 56: AMEND STATE CONTRACT REVIEW LAWS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce

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

    Ratified

H 82: IRC UPDATE.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 03/05/2013

H 97: LOTTERY FUNDS USED FOR DIGITAL LEARNING.

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

H 105: REQUIRE PULSE OXIMETRY NEWBORN SCREENING.

    House: Passed 3rd Reading
    House: Ordered Engrossed

H 114: NO SS# REQ/ABSOLUTE DIVORCE (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

H 119: NATURAL GAS/RATE ADJUSTMENT MECHANISM.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce

H 122: AMEND INTERLOCUTORY APPEALS/FAMILY LAW.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 138: SET COMM. COLLEGE ELECT. DATE.

    Ratified
    Ch. Res 2013-6

H 139: ADOPT UNIFORM DEPLOYED PARENT CUST/VISIT. ACT.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary I

H 181: PHYSICIAN SUPRVSN. REQUIRED/NURSE ANESTHETIST.

    House: Passed 1st Reading
    House: Ref To Com On Health and Human Services

H 182: ADJOURNMENT (NEW).

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Regulatory Reform
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Regulatory Reform

H 183: DELAY TRANSFER/CLEVELAND COUNTY CORR. FAC. (NEW).

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

H 184: ALLOW DRIVERS LICENSES FOR DACA BENEFICIARIES.

    House: Passed 1st Reading
    House: Ref to the Com on Rules, Calendar, and Operations of the House, if favorable, Transportation

H 185: BALLOT REFORM ACT OF 2013.

    House: Passed 1st Reading
    House: Ref to the Com on Elections, if favorable, Rules, Calendar, and Operations of the House

H 188: EARLY VOTING ON WEEKENDS.

    House: Passed 1st Reading
    House: Ref to the Com on Rules, Calendar, and Operations of the House, if favorable, Elections

H 189: VARIOUS TAX LAW AND FILM GRANT CHANGES.

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

H 190: HONOR RUTH GRAHAM.

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

H 192: ALLOW ROW USAGE IN CENTRAL BUSINESS DISTRICTS.

    House: Passed 1st Reading
    House: Ref to the Com on Commerce and Job Development, if favorable, Regulatory Reform

H 200: REQUIRE CERTAIN GENERAL REAPPRAISALS.

    House: Filed

H 201: BUILDING REUTILIZATION FOR ECONOMIC DEV. ACT.

    House: Filed
    House: Filed

H 202: NCNG ADJUTANT GENERAL APPOINTMENT CRITERIA.

    House: Filed

H 203: REVISIONS/HOMEOWNER/HOMEBUYER PROTECTION ACT.

    House: Filed

H 204: UPDATE/MODERNIZE/MIDWIFERY PRACTICE ACT.

    House: Filed

H 206: HONOR SPONSORS OF PITTMAN-ROBERTSON ACT.

    House: Filed

H 207: EXPUNCTION OF DRUG OFFENSES.

    House: Filed

H 208: BAN THE BOX.

    House: Filed

H 209: DV ORDERS/FINDINGS NOT REQUIRED (NEW).

    House: Filed

H 210: HONOR DOC WATSON.

    House: Filed

H 211: WEIGHT LIMITS/ANIMAL FEED TRUCKS.

    House: Filed

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

    House: Amend Tabled A4
    House: Amend Failed A5
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 11: ESTABLISH ORGAN DONATION MONTH.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On State and Local Government

S 20: GOOD SAMARITAN LAW/NALOXONE ACCESS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 33: USE OF CRIMINAL HISTORY RECORDS BY LIC. BDS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 42: CONFIDENTIALITY OF UC INFORMATION (NEW).

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

S 43: STUDY SAVINGS FOR ADMINISTRATION OF CLAIMS.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary Subcommittee A, if favorable, Finance

S 44: WORKERS COMP COVERAGE/PUBLIC RECORDS.

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

S 51: GBICC/WORKERS' COMP PROGRAM INTEGRITY.

    House: Passed 1st Reading
    House: Ref To Com On Regulatory Reform

S 76: DOMESTIC ENERGY JOBS ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Commerce and Job Development, if favorable, Environment, if favorable, Finance

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

    House: Rec From Senate

S 91: PROHIBIT EXPUNCTION INQUIRY.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 97: PROPERTY TAX/DEANNEXATION.

    Senate: Passed 2nd Reading

S 122: SEX TRAFFICKING/SEX OFFENDER REGISTRATION.

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

S 133: HONOR BLACK HISTORY MONTH.

    Ratified
    Ch. Res 2013-7

S 150: STUDY STATE-OWNED BANKS.

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

S 151: COASTAL POLICY REFORM ACT OF 2013.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Agriculture/Environment/Natural Resources

S 154: AUTOMOBILE INSURANCE REGULATORY MODERNIZATION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Insurance

S 155: HORTON INDEPENDENT REDISTRICTING COMMISSION.

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

S 156: CLARIFY LEC PROCEDURES/TC.

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

S 158: ACCOUNTABILITY FOR TAXPAYER INVESTMENT BOARD.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

S 159: REQUIRE CERTAIN GENERAL REAPPRAISALS.

    Senate: Filed

S 163: RECLAIMED WATER AS A SOURCE WATER. (NEW)

    Senate: Filed
    Senate: Filed

S 164: AUTOPSY FEE INCREASE.

    Senate: Filed

S 167: YOUTH SKIN CANCER PREVENTION ACT.

    Senate: Filed

S 168: CLARIFY EDUCATION REPORTING REQUIREMENTS.

    Senate: Filed

S 171: LIMIT REGULATION OF GREENHOUSE GAS EMISSIONS.

    Senate: Filed

S 174: DISAPPROVE INDUSTRIAL COMMISSION RULES.

    Senate: Filed

S 175: BANKING LAWS CLARIFICATIONS/CORRECTIONS.

    Senate: Filed

Actions on Bills: 2013-03-04

LOCAL BILLS

H 33: CLEVELAND/POLK/RUTHERFORD TRAPPING REPEAL.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Agriculture/Environment/Natural Resources

H 186: TOWNS ENFORCE NOISE ORDINANCES/LAKE NORMAN (NEW).

    House: Passed 1st Reading
    House: Ref to the Com on Government, if favorable, Judiciary Subcommittee B

H 187: PRIVATE SCHOOL/HANDGUN ON SCHOOL PROP.

    House: Passed 1st Reading
    House: Ref to the Com on Government, if favorable, Judiciary Subcommittee B, if favorable, Rules, Calendar, and Operations of the House

H 191: GRIFTON/DEANNEXATION.

    House: Passed 1st Reading
    House: Ref to the Com on Government, if favorable, Finance

H 193: EXPAND USES FOR MECK CT/CHARLOTTE LOCAL TAXES.

    House: Passed 1st Reading
    House: Ref to the Com on Government, if favorable, Finance

H 205: CORRECT TECH. ERROR IN BURGAW OCCUPANCY TAX.

    House: Filed

S 56: WALLACE/SATELLITE ANNEXATIONS.

    Senate: Passed 3rd Reading

S 95: TABOR CITY ELECTION.

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

S 149: 23RD SENATORIAL DISTRICT LOCAL ACT-1.

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

S 152: CORRECT TECH. ERROR IN BURGAW OCCUPANCY TAX.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

S 153: 8TH SENATORIAL DISTRICT LOCAL ACT-1.

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

S 157: 27TH SENATORIAL DISTRICT LOCAL ACT-1.

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

S 160: 13TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 161: 34TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 162: 15TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 165: 12TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 166: 48TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 169: 47TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 170: 36TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 172: JACKSONVILLE OCC. TAX/WRIGHTSVILLE DEANNEX. (NEW).

    Senate: Filed
    Senate: Filed

S 173: 6TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 176: LOCAL/PITT, GREENE, WAYNE, & LENOIR COUNTIES.

    Senate: Filed

S 177: HOOKERTON/MAYSVILLE SATELLITE ANNEXATIONS.

    Senate: Filed

S 178: 11TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

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