Enacts new GS 120-36.19 requiring the Program Evaluation Division (PED) to establish the web-based NC Accountability Report (Report) to profile state departments and programs within each department. Requires that the profile include (1) why the program or department exists, how it is funded, and what issues exist and (2) reference to relevant information. The profile will also include a rating based on specified criteria that examine program purpose and design, strategic planning, program management, and program results. Requires the Office of Budget and Management to help the PED in identifying programs and their costs. Requires state departments to provide information to PED for the Report upon request and requires that questions be answered within 30 days, with one 15-day extension allowed upon request. Makes a conforming change to GS 120-36.12. Amends GS 120-131.1 to provide that requests made to an agency employee by a PED employee for information in preparing the Report is confidential.
Requires the PED to first catalog and profile state programs, then prioritize the order in which to rate the programs and develop a schedule by which the programs will be periodically reviewed and regraded.
Appropriates $839,714 from the General Fund to the Legislative Service Commission, PED, for 2012-14, effective July 1, 2013. The funds are to be used to implement and maintain the Report. Allocates the funds in specified amount to create one web specialist/evaluator position, four program evaluator I positions, and nine research assistant positions.
The Daily Bulletin: 2013-03-05
Amends GS 93A-4 to provide that documents containing personal information that are collected by the NC Real Estate Commission (Commission) in connection with an application for examination, licensure, certification, renewal or reinstatement, or informational updates are not considered public records unless admitted into evidence in a Commission hearing.
|Intro. by Whitmire, Howard, McElraft, W. Brawley.||GS 93A|
As title indicates.
Amends GS 7A-27, Appeals of right from the courts of the trial divisions, adding new GS 7A-27(c1), stating that there is an appeal of right to the Court of Appeals from any final judgment of a district court that revokes probation or imposes special probation.
Effective October 1, 2013.
Amends GS 7A-271 by repealing GS 7A-271(e) and (f).
Effective October 1, 2013.
Amends GS 7A-272 by creating two new subsections: (1) GS 7A-272(a1), stating that the district court has exclusive jurisdiction over the supervision of a probation judgment entered into in superior court and to hear and enter judgment in any hearing held pursuant to GS 15A-1345(e). If a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant may appeal under GS 7A-27. (2) GS 7A-272(a2), stating that the superior court will retain jurisdiction in all cases in which there is a deferred prosecution or conditional discharge agreement unless the chief district court judge and the senior resident superior court judge agree that jurisdiction will be with the district court.
Deletes GS 7A-272(e) and (f).
Effective October 1, 2013.
Repeals GS 15A-1335 (Resentencing after appellate review).
Effective for resentencing hearings held on or after December 1, 2013.
Repeals GS 15A-1347 (Appeal from revocation of probation or imposition of special probation upon violation).
Effective October 1, 2013.
Amends GS 20-16.3(d), making technical and clarifying changes. Eliminates the ability to use a positive or negative result on an alcohol screening in court in lieu of only allowing the numeric results in court for probable cause determinations.
Effective for hearings held on or after December 1, 2013, and for administrative hearings made on or after December 1, 2013.
Amends GS 7B-2200 (Transfer of jurisdiction of juvenile to superior court), adding new language that states that, upon motion by the prosecutor, if the alleged felony constitutes a Class B1 through class E felony and the court finds probable cause, the court will transfer the case to the superior court for trial, as in the case of adults.
Effective for transfer hearings held on or after December 1, 2013.
Provides for a study of NC's criminal and appellate procedures conducted by the NC Courts Commission, in consultation with the Administrative Office of the Courts, the North Carolina Sentencing and Policy Advisory Commission, the Conference of District Attorneys, the North Carolina Office of Indigent Defense Services, and the School of Government as well as other appropriate organizations or agencies. Study should review the possibility of six-person juries for misdemeanors, granting magistrates greater authority to hear cases, re-designating low-level misdemeanors as infractions, and whether any other actions should be taken to ensure the protection of a defendant's constitutional rights and that the court system is more efficient and cost effective. Requires a report to the General Assembly by April 1, 2014.
Effective October 1, 2013.
Amends GS 115D-1, statement of purpose regarding the NC Community College System, to prohibit enrollment inthe Community College System of otherwise qualified students who do not have lawful immigrationstatus under federal law. Enacts new GS 115D-1.3 to prohibit a person who does not have lawful immigration status from being admitted to or taking any class at a community college. Provides exceptions for (1) a person who is enrolled in a secondary school at the same time that the person is taking a class or classes at a community college and (2) a person who will not be present in the United States during any portion of the class or classes taken at a community college.
Enacts new GS 116-40.11 to prohibit a person who does not have lawful immigration status from being admitted to or taking any class at a constituent institution of the University of North Carolina (UNC). Provides exceptions for (1) a person who is enrolled in a secondary school at the same time that the person is taking a class or classes at a constituent institution and (2) a person who will not be in the United States during any portion of the class or classes taken at a constituent institution.
Effective when the act becomes law and applies to admissions and classes taken after the effective date, except provides that the act does not prevent a student enrolled in a program at a community college or at a constituent institution of UNC (1) as of the effective date or (2) during the previous term or semester from completing that program.
Amends GS 7A-27(a) as the title indicates (was, right of direct appeal to the NC Supreme Court required a first degree murder conviction and a death sentence from Superior Court judgment). Effective October 1, 2013, and applies to appeals filed in first degree murder cases on or after that date.
|Intro. by Glazier, Stam, Faircloth, Michaux.||GS 7A|
Enacts new GS 103-12 to provide as the title indicates.
|Intro. by Fulghum, Holley, Insko, Dollar.||GS 103|
Amends GS 14-43.11(b), GS 14-43.12(b), GS 14-43.13(b), and GS 14-43.14(b), changing Class F felonies to Class E felonies.
Amends GS 14-208.6(5), adding human trafficking, pursuant to GS 14-43.11 and defined as occurring when the offense is committed against a minor who is less than 18 years old or having been committed when the offense is against an adult with the intent that the person be held in sexual servitude, to the definition of a sexually violent offense.
Amends GS 14-208.6(1m), Offense against a minor, adding language that states the term also includes an offense under GS 14-43.14 (sale, surrender, or purchase of a minor) that is committed by any person without regard as to whether the person is the minor's parent.
Effective December 1, 2013, applying to offenses committed on or after that date.
|Intro. by Hamilton, Davis, Mobley, Carney.||GS 14|
As title indicates.
Amends GS 62-42 by deleting GS 62-42(c), which provided "For the purpose of this section, 'public utility' will include any electric membership corporation operating within this State."
Amends GS 62-110.1(b), making conforming changes.
Effective July 1, 2013.
|Intro. by Presnell, Moffitt, Hager, Arp.||GS 62|
Enacts new GS 75-43, Offering of free goods, products, and services, stating that no person, firm, or company, in connection with the sale or lease or solicitation for the sale or lease of any goods, property, or service, can represent that the same are free or otherwise without cost unless all of the following are true:
(1) The person who receives the goods, property, or service will have no financial obligation, including no obligation to pay for shipping, restocking, or continued receipt.
(2) The person, firm, or company providing the goods, property, or service does not obtain credit card or debit card information or any other information for the means of charging the recipient.
(3) The recipient of goods, property, or service is not required to take any affirmative steps to cancel or otherwise stop future receipt.
Violation of Article 1 will be considered an unfair and deceptive trade practice under GS 75-1.1.
Effective October 1, 2013.
|Intro. by R. Brawley, Turner.||GS 75|
Enacts new GS 153A-370.1 (applicable to counties) and new GS 160A-439.1 (applicable to cities) as follows. Allows a county/city to petition the superior court for the appointment of a receiver to rehabilitate, demolish, or sell a vacant building, structure, or dwelling if the owner fails to: (1) comply with an order issued pursuant to GS 153A-369/GS 160A-429 from which no appeal has been taken or the appeal has been dismissed or denied; (2) comply with an order issued pursuant to GS 153A-369/GS 160A-429 following an appeal; or (3) comply with an order to repair, alter, or improve, remove, or demolish a structure under GS 160A-443.
Provides details on what information must be included in the petition for appointment of receiver. Provides details on notice of proceeding. Details the appointment of receiver process. Provides for the exclusive authority of the receiver once appointed, and details receiver's authority, duties, and tenure. Specifies the procedure for foreclosing on the lien. Provides that the county/city may charge the owner of the building, structure, or dwelling an administrative fee of $100. Applies to any petition filed on or after October 1, 2013.
Amends GS 115C-12(23) (Powers and duties of the State Board of Education generally) and GS 115C-47(4) (Powers and duties generally of local boards of education) as the title indicates. Enacts new GS 115C-565.1 to provide guidelines governing the eligibility and participation of home-schooled students in interscholastic athletics. Requires a home-schooled student to register the student's intent to participate in interscholastic athletics at the selected school before the beginning date of the season for the activity in which the student wishes to participate. Provides that the principal of the school at which a home schooled student would like to participate in interscholastic athletics makes the final determination on whether to allow participation and the student may not appeal the principal's decision.
The act applies only to home-schooled students living in counties with a population of 200,000 or less. The act applies beginning with the 2013-14 school year.
|Intro. by McElraft, Cleveland, Ford, Brody.||GS 115C|
Identical to S 189, filed 3/5/13.
Amends GS 115C-563 as the title indicates. Clarifies that the parents, legal guardians, or members of either household of the children in the home school are authorized to determine the scope and sequence of academic instruction and to determine additional sources of academic instruction. Effective when the act becomes law and applies beginning with the 2013-14 school year.
|Intro. by Malone, Martin, Brody, Samuelson.||GS 115C|
Enacts new GS 120-32.7 entitling each member of the General Assembly to one permanent full-time legislative assistant or clerk during the member's entire term of office. Amends GS 120-32 to make a conforming change to the Legislative Services Commission's (Commission) duties.
Requires the Commission to (1) provide that each member has a permanent full-time legislative assistant or clerk assigned to the member for at least 40 hours per week during the member's term of office unless the member opts for one who is a full-time temporary employee; (2) authorize legislative assistants or clerks working more than 40 hours per week to support House members upon approval of the Speaker of the House and supporting Senators with approval of the President Pro Tempore; and (3) give permanent full-time legislative assistants and clerks the same across the board raises, employee benefits, and other privileges.
Appropriates $1.4 million for 2013-14 and 2014-15 from the General Fund to the General Assembly to carry out the act.
Effective July 1, 2013.
|Intro. by Lucas, L. Bell.||GS 120|
Amends GS 135-48.30(a)(5) to allow the State Treasurer to adopt, implement, and administer population health management programs as well as wellness programs or incentives.
Amends GS 135-48.40(b)(1), eliminating conditions for permanent full-time employees to qualify for coverage. Makes technical changes. Effective July 1, 2013.
Repeals GS 135-48.40(b)(2), concerning eligibility of permanent hourly employees working at least half of the workdays of each pay period.
Amends GS 135-48.42(e), adding retirees to class of people eligible to change coverage elections. Effective July 1, 2013.
Amends GS 135-48.43(b)(3), concerning coverage effective dates, to amend language to read "retiring employees not enrolled or not adding dependents age 19 and older when first eligible after an employee's retirement may enroll at a later time during annual enrollment, but may be subject to a 12-month waiting period for preexisting conditions..." (was, may enroll later on the first of any following month but will be subject to a 12-month waiting period). Effective July 1, 2013.
Amends GS 135-48.51(9), correcting the title of GS 58-3-265 to Prohibition on managed care provider incentives (was, Payment obligations for covered services).
Amends GS 147-86.23, Interest and penalties, to state that the section does not apply to the North Carolina State Health Plan for past-due account receivables related to premiums and claims payments.
Amends GS 58-51-95 to specify that the types of policies to which this statute applies are listed in subsection (j) of GS 58-51-95.
Provides that no rate revision for policies subject to GS 58-51-95 (hereinafter, this section), may become effective unless the insurer has provided a written notice whichincludes an explanation to the insured, approved by the Commissioner of Insurance (Commissioner), as to why the insurer requested the rate increase, 45 days before the revision becomes effective.
Enacts new subsections (f1), (f2), (f3), and (f5) regarding criteria to be met for rate revision requests applicable to long-term care policies including capping the rate increase to 10% in any calendar year. Specifies in new subsection(f2) additionalrequirements for rate revisions intended to apply to long-term care policies issued before February 1, 2003, and addresses rate revisions intended to apply to long-term care policies issued after January 31, 2003, in new subsection (f3). Provides in new subsection (f4) criteriafor calculating the anticipated lifetime loss ratio for purposes of proposed subdivision (f2)(2) and subsection (f3) of this section, both dealing with findings by the Commissioner that a rate revision to certain long-term care policies are excessive.
Authorizes the Commissioner to waive specified requirements regarding rate revision requests in proposed (f1), (f3), (f5) and (f2)(2), if the Commissioner determines that the solvency of the insurer is threatened.
Adds new subsection (f7) to provide for rate revisions applicable to long-term care policies issued after January 1, 2014, where the non-forfeiture offer required under GS 58-55-31 is rejected, thereby triggering a contingent non-forfeiture benefit. Specifies that a contingent non-forfeiture benefit on lapse is triggered whenever (1) aninsurer increases the premium rates to a level which results in a cumulative increase of the annual premium equalto or exceeding the percentage of the insured's initial annual premium based on the insured's issue age and (2) the policy or certificate lapses within 120 days of the due date of the increased premium. Provides a listing of the triggers for contingent non-forfeiture benefit based on the issue age of the insured. Provides criteria regarding the application and use of contingent non-forfeiture benefits.
Current law requiresan insurerproviding policies in North Carolina that are subject to this section, at minimum, to file annually for approval of its rates, rating schedules, and supporting documentation to show compliance with the applicable loss ratio standards adopted by the Commissioner. Requires that the annual filing for long-term care policies issued before February 1, 2003, be submitted before October 1 of each year. Provides that if the current rates included in the filing of rates and rating schedules are limited by the new subsections (f1), (f3), (f5), or subdivision (f2)(2) of this section, the actuary may modify the certification statement as necessary to reflect those limits.
Effective July 1, 2013, and applies to rate revisions submitted to the Commissioner on or after that date.
|Intro. by Dockham.||GS 58|
The Daily Bulletin: 2013-03-05
Senate committee substitute to the 1st edition makes the following changes. Deletes, adds to, and amends the whereas clauses. Amends proposed GS 103-12 to designate April as Organ Donation Awareness/Donate Life Month (was, Organ Donation Awareness Month). Makes a conforming change to the act's long title.
|Intro. by Gunn.||GS 103|
Senate amendment makes the following changes to the 2nd edition.
Amends GS 90-106.2 to no longer allow practitioners to dispense or distribute an opioid antagonist and no longer provide immunity from civil or criminal liability if they do dispense or distribute the antagonist. Makes conforming changes.
Makes conforming changes to the long title.
|Intro. by Bingham, Allran.||GS 90|
Senate committee substitute makes the following changes to the 1st edition. Makes clarifying and technical changes to GS 130A-295.6. Amends the effective date provision to provide that the act applies to any application for a permit for a sanitary landfill for the disposal of construction and demolition debris waste pending on the date that the act becomes law, or submitted on or after the date that the act becomes law.
|Intro. by Brown.||GS 130A|
Senate committee substitute to the 1st edition amends GS 143-215.73F (Shallow Draft Inlet Dredging Fund) to define shallow draft inlet, for the purposes of the statute, as a waterway connection, with a maximum depth of 14 feet, between the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway, or a river entrance to the Atlantic through which tidal and other currents flow.
Makes clarifying and technical changes to GS 53C-1-4, Definitions and application of terms, specifically to the following definitions: bank, control, lower-tier subsidiary, public member, subsidiary. Adds new term to definitions, consumer finance licensee, defined as an individual associated with a licensee as that term is defined in GS 53-165(h).
Makes technical changes to GS 53C-2-1(d).
Amends GS 53C-2-2(d), giving the Commissioner of Banks (Commissioner) power to exercise any jurisdiction, supervise, regulate, examine, or also enforce any banking law (previously, only had power to do this with state consumer protection laws or federal laws for which the Commissioner had enforcement jurisdiction).
Amends GS 53C-4-5(c), Qualifications of bank directors, clarifying that after a director's election or appointment, the director must do the following:
(1) Consent to the jurisdiction of the Commissioner and the General Court of Justice for the State of North Carolina in any action or proceeding brought by the Commissioner.
(2) Consent to venue in Wake County.
(3) Appoint the Commissioner as the director's agent for service of process and authorize and instruct the Commissioner or the Commissioner's duly appointed deputy or agent to accept service of process for the director, unless the director appoints an agent.
Also adds language stating that when service of legal process in an action or proceeding brought by the Commissioner is made on a director, the Commissioner will, within three business days, give notice to the director of such service and acceptance of service of process by depositing a copy of the process served and accepted, together with any pleading, order, or other item accompanying the process, with a designated delivery service as defined in 26 U.S.C. § 7502(f)(2) and directed to the director's last known address in the Commissioner's records.
The Commissioner will also keep records of the day and hour of service of process, any pleading, order, or other item accompanying service of process. Additionally, the consent and appointment described above is irrevocable and will not be affected by the termination of the director's service as a director. A director may also appoint an agent for service of such process in Wake County.
Amends GS 53C-4-11(c), adding balances maintained at any federal reserve bank, either directly or on a pass-through basis, to meet federal reserve system reserve requirements to the list of liquid reserves types available to establish and put toward the required level of reserve fund.
Amends GS 53C by adding new GS 53C-4-13, Immediate report of changes in directors and certain officers, requiring banks to report to the Commissioner any changes in its directors, president, CEO, CFO, chief loan officer, or chief credit officer by close of the second day on which the bank is open for business following such change(s).
Makes technical changes to GS 53C-5-1(d). Also gives banks authority to appeal an application denial by the Commissioner, pursuant to GS 53C-2-6.
Amends GS 53C-5-2, Investment authority, deleting the requirement that investments by banks or bank subsidiaries receive the same accounting and regulatory treatment as required by the bank's federal supervisor. Gives a bank's board-authorized committee the authority to make investments. Makes technical and clarifying changes. Gives the bank the authority to appeal an objection by the Commissioner pursuant to GS 53C-2-6.
Expands the capital and asset categories that are eligible toward being counted as a bank's capital upon which the 10% investment limitation is calculated against for investments in non-government backed bonds or debt obligations. GS 53C-5-2 now allows to be counted those portions of the bank's allowance for loan and lease losses, deferred tax assets, and intangible assets that are excluded from the bank's capital under federal law (was, investments in non-government backed bonds or debt obligations could not exceed 10% of a bank's required capital), plus the bank's capital.
Amends GS 53C-6-1(b) expanding, identical to above section #8, the capital and asset categories that are eligible toward being counted as a bank's capital upon which the 15% investment limitation for total loans and extensions of credit outstanding at one time and not fully secured to include those portions of the bank's allowance for loan and lease losses, deferred tax assets, and intangible assets that are excluded from the bank's capital under federal law or the amount permitted for national banks in North Carolina by statute or by regulation of the comptroller of the currency (was, total loans and investments could not exceed 15% of the capital of the bank).
Also expands, identical to above, asset categories that are eligible toward being counted as a bank's capital upon which the 10% limitation for secured total loans and extensions of credit that are fully secured can be calculated to include those portions of the bank's allowance for loan and lease losses, deferred tax assets, and intangible assets that are excluded from the bank's capital under federal law or the amount permitted for national banks in North Carolina by statute or by regulation of the comptroller of the currency (was, secured total loans and extensions of credit could not exceed 10% of the capital of the bank).
Amends GS 53C-6-1, by adding a new subsection, GS 53C-6-1(e), giving banks the power to, by resolution passed by their boards of directors or board-authorized committees, request the Commissioner to suspend the limitations on loans as set in the statute, as they apply to the bank's books or in a way the bank desires to modify in a manner not otherwise permitted by the limitations. Commissioner may approve or deny the request.
Amends GS 53C-6-6(j), making technical and clarifying changes.
Amends GS 53C-6-7 by adding a new subsection that states payable on death acounts created under GS 53-146.2 prior to October 1, 2012, are now governed by GS 53C-6-7, and any reference to GS 53-146.2 should be understood to refer to GS 53C-6-7.
Amends GS 53C-6-8, stating that attorneys-in-fact for incapacitated or incompetent principals acting pursuant to a durable power of attorney can terminate an agent's authority to act on or behalf of the principal with respect to personal agency accounts. Makes technical changes.
Amends GS 53C-7-101, Control transactions, deleting the requirement that each bank will report to the Commissioner any changes in its directors, president, CEO, CFO, chief loan officer, or chief credit officer by the close of the second day on which the holding company is open for business following such change(s). This requirement is now contained in GS 53C-4-13, as noted in Section #6 above.
Creates new subsection GS 53C-7-101(c)(5a), adding the following transaction, an acquisition of control over voting shares exempt from the prior approval requirements set forth in section 3 of the Bank Holding Company Act, to the list of transactions that do not constitute a control transaction requiring the prior approval of the Commissioner.
Amends GS 53C-7-102(c) making a technical change, replacing a reference to GS 53C-2-8 with GS 53C-2-7(b).
Amends GS 53C-7-205 by making clarifying and technical changes.
Amends GS 53C-7-207 adding language that states that a bank proposing to do any of the listed proposed combinations in GS 53C-7-207(a), must give prior written notice to the Commissioner that provides detail of the proposed combination (was, with the approval of the Commissioner).
Allows the combination to be completed if the Commissioner does not object within 30 days of notice. Commissioner may extend the 30-day window if needed. While the period is extended, the banks or subsidiaries cannot proceed with the proposed combination. Banks have the right to appeal an objection by the Commissioner.
Creates three conditions where, if met, the prior written notice requirement above is not needed for proposed combinations. Under existing law, the written notice requirement is not applicable to a combination of a subsidiary and another company when the subsidiary is not the resulting entity, or for a combination of two or more subsidiaries of the same bank.
Repeals GS 53C-7-208 (Fiduciary powers and liabilities of combining banks).
Amends 53C-9-403, adding the requirement that a new trustee will be appointed in the manner provided in GS 36C-7-704 or other applicable law. Deletes the requirement for the entry of an order by the clerk of superior court to terminate the bank as a trustee in lieu of a duly appointed trustee.
Amends GS 153C-10-102(c) adding an acquisition of control over voting securities in a transaction subject to approval under section 3 of the Bank Holding Company Act to the list of transactions that do not constitute a control transaction, requiring the prior approval of the Commissioner.
Makes technical and clarifying changes to GS 53C-10-301.
Makes technical changes to GS-53-366(a). Also makes authorized trust institutions subject to GS Chapter 53C, more specifically GS 53C-2-7(b).
Amends GS 90-171.20 to add the term certified registered nurse anesthetist, defined as a registered nurse who (1) completes a program accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs, (2) is credentialed as a certified registered nurse anesthetist by the Council on Certification of Nurse Anesthetists, (3) maintains recertification through the Council on Recertification of Nurse Anesthetists, and (4) performs nurse anesthesia activities in collaboration with a health care provider.
|Intro. by J. Davis.||GS 90|
Enacts new GS 58-36-43 as the title indicates.Allows insurance companies writing private automobile insurance to incorporate optionalenhancementsin an automobile insurance policyunder Article 36 of GS Chapter 58 (1) ifthe insurer has filed the proposed enhancement including any proposed premium charge with the Commissioner of Insurance (Commissioner)and (2) ifthe proposed enhancement is approved by the Commissioner. Provides that amendments to private passenger automobile program enhancements are subject to the same requirements as an initial filing. Specifies that a rate amendment under this proposed section is not a rate deviation and is not subject to the requirements regarding rate deviations in GS 58-36-30(a). Provides criteria regarding the reporting of premiums, expenses, and losses associated with individual company automobile program enhancements.
Effective July 1, 2013.
|Intro. by Apodaca.||GS 58|
Amends GS 58-36-65 as follows. Allows the Commissioner of Insurance to consider whether any licensed drivers are under age 19 when setting rate classifications for private passenger motor vehicles. Allows a subclassification plan to provide for premium surcharges for insureds who are less than 19 years old. Makes conforming changes. Amends GS 58-37-35 to define a clean risk as a private motor vehicle owner if the owner, principal operator, and each licensed operator in the owner's household are 18 or older and none of the individuals have been assigned any Safe Driver Incentive Plan points during the specified time period. Makes conforming change to GS 58-3-25. Effective July 1, 2013.
|Intro. by Apodaca.||GS 58|
Amends GS 7A-290, providing that defendants that plead guilty or no contest to a misdemeanor in district court, pursuant to GS 15A-1431.1, waive the right to trial de novo in superior court and can only appeal the decision to the Court of Appeals (was, any defendant convicted in district court could appeal to superior court for trial de novo).
Amends GS 15A-1115, only allowing a person who denies responsibility but is found responsible for an infraction in district court to, within 10 days of the hearing, appeal the decision to the Court of Appeals (was, can appeal to the criminal division of superior court for hearing de novo).
Amends GS 15A-1347, stating when a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant can only appeal to the Court of Appeals (was, superior court for trial de novo).
Amends GS 15A-1431(b), stating that except provided in GS 15A-1431.1, a defendant convicted in district court can only appeal to the superior court for trial de novo with a jury, as provided by law. Deletes technical language concerned with the jurisdiction of superior court and plea agreements.
Amends GS Chapter 15A by adding new GS 15A-1431.1, referred to above, Guilty pleas to misdemeanors in district court; appeals, which provides that defendants who plead guilty or no contest to a misdemeanor in district court waive the right to trial de novo in superior court and may appeal the decision to the Court of Appeals. Also, provides that GS 15A-1021, 15A-1022, 15A-1023, 15A-1024, and 15A-1025, relating to guilty pleas in superior court, are applicable to guilty pleas entered in district court, to the extent that those provisions apply to misdemeanors. GS 15A-1026, as far as it deals with the making and preserving of a record of proceedings, also applies to guilty pleas to misdemeanors entered in district court.
Amends GS 15A-1444(a2), deleting in superior court limitation for appeal.
Effective December 1, 2013, applying to acts committed on or after that date.
Amends GS 105-151.31 to extend the sunset on the earned income tax credit from January 1, 2014, to January 1, 2019.
|Intro. by McLaurin, Stein.||GS 105|
Enacts new GS 153A-52.2, Electronic notice, allowing governing boards of local government to adopt an ordinance that will allow them to electronically publish any notice they are otherwise required to publish by law. The ordinance may cover all notices required to be published or certain selected classes of notices. Any notice published under the above ordinance must comply with the following conditions:
(1) The notice is published on the website of the governing board no later than the time required for publication under applicable law or act.
(2) The website contains, on its main page or index, links to all notices or a link to another page with links to all notices.
(3) Notices and links must be maintained on the website for at least one year after publication.
(4) A copy of the notice must be filed in a notice book, separately maintained and apart from the ordinance book or minutes of the governing board. The notice books must also be indexed and maintained for public inspection.
(5) A copy of the notice must be provided to each public library and clerk of superior court within the jurisdiction of the governing board and maintained for at least one year.
(6) A copy of the notice must be mailed or emailed to a person that has filed a written request for notice with the clerk or secretary of the governing board.
Such ordinances that allow electronic publication can not supersede any general law or local act that requires notice by mail to certain persons or classes of persons or the posting of signs on certain property. The ordinance may control notice requirements for any board appointed by the governing board of the county, including the board of social services and the board of health.
Amends GS 160A-1(7), 153A-1(6), and 159-1(b)(5) to include the following: (1)electronic notice, as provided in GS 153A-52.2, if an ordinance has been adopted by the governing board and (2) insertion in a news publication circulated in the county, published at least once per week, and with an audited readership of at least 25,000 persons in each section's description and definition of publish."
Amends GS 163-33, Powers and duties of county boards of elections, stating the county board can adopt a policy to provide for notices, advertisements, and publications to be given electronically.
Repeals SL 2003-81, SL 2003-161, SL 2007-86, and SL 2008-5 (which provided for electronic notice by specified counties and cities), but ordinances adopted under any of those acts remain valid until amended or repealed under GS 153A-52.2.
Effective October 1, 2013, applying to notices given on or after that date by a county or city.
Enacts new GS 14-34.4Ato makeit unlawful to conductresearch studies that intentionally expose human subjects to fine particulate matter, commonly known as PM2.5, at a concentration higher than 12 micrograms per cubic meter or the primary annual health national ambient air quality standard, whichever is lower. Specifies concentration level of PM2.5 at which such exposure is unlawful. Makes a violation of this section a Class F felony. Effective July 1, 2013, and applies to offenses committed on or after that date.
Directs the Commission for Public Health (Commission) to study and make recommendations to the General Assembly regarding the exposure of human subjects to harmful or potentially harmful substances during the course of research. Includestopics and issuesto be specifically addressed in the Commission's study. Authorizes the Commission to exercise all powers provided for under GS 120-19 and GS 120-19.1 through GS 120-9.4 for the purpose of conducting its study. Declares that privileged medical information or protected health information received by the Commission in the course of its study is confidential andis not a public record under GS 132-1.
Directs the Commission to report its findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services by January 1, 2015.
Amends GS 115C-563 as the title indicates. Clarifies that the parents, legal guardians, or members of either household of thechildren in the home schoolare authorized to determine the scope and sequence of academic instruction and to determine additional sources of academic instruction. Effective whenthe actbecomes law and applies beginning with the 2013-14 school year.
|Intro. by Cook, Barefoot, Sanderson.||GS 115C|
Amends GS 14-269.2 regarding weapons on campus or any other educational property.Adds new subdivisions (7) and (8) to GS 14-269.2(g) as the title indicates. Effective October 1, 2013.
|Intro. by Cook, Brock.||GS 14|
Substantively identical to H 192, filed 2/28/13.
As title indicates.
Allows the Department of Transportation (Department) to enter into agreements with local governments to allow the use of state rights-of-way for sidewalk dining activities with the following requirements and conditions: (1) Tables, chairs, and furnishings are placed a minimum of six feet from travel lanes. (2) Tables, chairs, and furnishings are placed so that they leave at least five feet of unobstructed paved space of sidewalk and otherwise comply with the Americans with Disabilities Act (ADA). (3) Tables, chairs, and furnishings do not block driveways, alleyways, entrances or exits, fire hydrants or standpipes, utility accesses, ventilation areas, or ramps needed for the ADA. (4) Maximum posted speed of the roadway adjacent to the area used for sidewalk dining activities cannot exceed 45 mph. (5) Restaurant operator will provide evidence of adequate liability insurance. (6) Restaurant operator will provide an indemnity agreement and hold the Department or local government harmless. (7) Restaurant operator will provide copies of all required permits and licenses. (8) Restaurant operator will cease part or all sidewalk dining activities during times of construction, maintenance, or repair.
The Department or local governments can impose additional requirements on a case-by-case basis.
Amends GS 136-18(9), making clarifying, conforming, and technical changes to provide for the implementation and allowance of sidewalk dining activities.
This act does not preempt or override local ordinances currently in place.
|Intro. by Hunt, Daniel, Harrington.||GS 136|
Identical to H 57, filed 1/31/13.
Amends GS 115C-450 as the title indicates. Defines indirect costs as the term is defined in the United States Office of Budget and Management Circular A-87, as revised, and uses the term cost of operation as defined in GS 115C-264(c).
Appropriates $80,000 in recurring funds for 2013-14 from the General Fund to the Department of Public Instruction, Division of School Support, Child Nutritional Services Section, for purposes as the title indicates. Requires the Department of Public Instruction (DPI) to make annual reports to the Joint Legislative Education Oversight Committee beginning on October 1, 2014, and each subsequent year that DPI receives this appropriation. Effective July 1, 2013.
Identical to H 59, filed 1/31/13.
Amends Article 3A of GS Chapter 20 by eliminating the requirement that a motor vehicle be subject to a safety inspection. Makes conforming changes to eliminate all provisions referencing or applying to safety inspections in GS Chapter 20. Retains the vehicle emissions inspection program.
Amends GS 20-183.7 to establish fees for an emissions inspection as follows: (1) $9.13 for a vehicle emissions inspection (was, $23.75 for emissions and safety) and (2) $7.27 for the issuance of an electronic inspection authorization (was, $6.25 for emissions and safety). Deletes that the fee for an inspection sticker does not apply to a replacement inspection sticker for use on a windshield replaced by a business registered with the Division of Motor Vehicles (Division).
Clarifies that a certified (was, safety inspection) mechanic is required to inspect after-factory tinted windows. Amends GS 20-183.7 to provide that the clear proceeds of all civil penalties, civil forfeitures, and civil fines collected by the Division pursuant to this statute are to be remitted to the Civil Penalty and Forfeiture Fund (was, civil penalties collected are to be credited to the Highway Fund as non-tax revenue).
Eliminates the fee distributions, resulting from the collection of electronic authorizations for emissions and safety inspections combined, to the Highway Fund, the Volunteer Rescue/EMS Fund, and the Rescue Squad Worker's Relief Fund. Increases amounts that are to be distributed to the Inspection Program Account, the Telecommunication Account, and the Division of Air Quality. Effective October 1, 2011. Amends GS 20-87 to add an additional $1 passenger vehicle registration fee to be distributed as follows: (1) 78¢ to the Highway Fund, (2) 13¢ to the Volunteer Rescue/EMS Fund, and (3) 9¢ to the Rescue Squad Workers' Relief Fund. Amends GS 20-88 to add an additional $1 property hauling vehicle registration fee to be distributed as follows: (1) 78¢ to the Highway Fund, (2) 13¢ to the Volunteer Rescue/EMS Fund, and (3) 9¢ to the Rescue Squad Workers' Relief Fund.
Above provisions are effective October 1, 2013.
Amends GS 20-122.1 to eliminate the following possible defenses to a charge of operating a motor vehicle with unsafe tires: (1) that a person obtained a certificate from an official safety inspection equipment station within 15 days after the arrest; (2) that the tires had been made to conform to the requirements of the statute; or (3) that the vehicle had been sold, destroyed, or permanently removed from the highways. Requires that the Division, with the assistance of the Department of Environment and Natural Resources, Division of Air Quality, develop and implement a management improvement plan for the Motor Vehicle Emission Inspection program to increase efficiency, reduce costs, and improve customer service. Specifies information to be included in the plan, including that it meets both federal and state reporting requirements. Requires the Division to present the plan to the Joint Legislative Transportation Oversight Committee and the Joint Environment and Natural Resources Oversight Committee by December 31, 2013.
The Division must also report annually to the Joint Legislative Transportation Oversight Committee by January 15 of each year on the prior fiscal year and include recommendations on legislation to improve the program. Requires the Fiscal Research Division to conduct a fiscal review of the Motor Vehicle Emissions Inspection program. Specifies factors to be reviewed. Requires the Fiscal Research Division to report to the Joint Legislative Transportation Oversight Committee, the Joint Environment and Natural Resources Oversight Committee, the Joint Program Evaluation Oversight Committee, and the Program Evaluation Division by May 1, 2014.
Makes a conforming change to GS 20-127(d) (window tinting violations). Effective when the act becomes law unless otherwise noted.
|Intro. by Hartsell.||GS 20|
As title indicates.
|Intro. by Soucek, Nesbitt.||SENATE RES|
Repeals GS 143B-85 (America's Four Hundredth Anniversary Committee), GS 143B-86, and GS 143B-51(b)(15).
Amends GS 143B-53, Organization of the Department, deleting America's Four Hundredth Anniversary Committee from inclusion in the Department of Cultural Resources.
|Intro. by Soucek, Brock, Rabon.||GS 143B|
Identical to H 223, filed 3/5/13.
As title indicates.
Amends GS 62-42 by deleting GS 62-42(c), which provided "For the purpose of this section, public utility will include any electric membership corporation operating within this State."
Amends GS 62-110.1(b), making conforming changes.
Effective July 1, 2013
|Intro. by Meredith, Brown, McLaurin.||GS 62|
Amends Section 11 of SL 2011-19, as amended, extending the deadline for local forensic science labs and certain forensic scientists to receive accreditation to July 1, 2020 (was, 2013).
Makes conforming changes.
|Intro. by Bingham, Goolsby, Newton.||UNCODIFIED|
Amends GS 131E-184(a) to add specified diagnostic centers to thoseinstitutional health servicesexemptfrom the North Carolina Department of Health and Human Services (DHHS)certificate of need review. Makes conforming changes repealing GS 131E-176(7a) and amending GS 131E-176(9b).
Amends the definition for "kidney disease treatment center" to mean a facility certified as an end-stage renal disease facility by the Centers for Medicare and Medicaid Services, DHHS, under 42 CFR Section 494 (was, 42 CFR Section 405).
Expands the definition for "new institutional health services" in GS 131E-176(16)u. to include a single-specialty ambulatory surgery operating room.
Amends GS 131E-176(24c) todefine a"single-specialty ambulatory surgery operating room," as a designated operating room located in a licensed ambulatory surgical facility used to perform same-day surgical procedures in one of the specialty areas identified by the American College of Surgeons. Specifies that same-day surgical procedures includes pain injections by orthopedists, physiatrists, and anesthesiologists.
Amends GS 131E-178 toexempta person establishing an ambulatory surgical facility to provide gastrointestinal endoscopy procedures from requirements to obtain a certificate of need to license the facility if the gastrointestinal endoscopy procedures are provided in one or more rooms in a non-licensedsetting that meets all of the specified criteria. Adds new subdivision (a2) to extend the exemption to single-specialty ambulatory operating rooms in an ambulatory surgery facility providing that all of the specified criteria is met.
Section 9 of this act amends GS 131E-182 to prohibit DHHS from scheduling a review for a certificate of need applications proposing to establish a licensed single-specialty ambulatory operatingroom within a surgery facility before February 1, 2013.Specifies therequired content for an application to establish a single- specialty ambulatory surgery operating room.Provides that Section 9 expires on the effective date that administrative rules are adopted consistent with the provisions of this act regarding the number of single-specialty surgery procedures performed or projected to be performed by applicants seeking to establish a licensed single specialty ambulatory surgery operating room.
Provides findings to support the purposes of this act and provides that nothing in the act is to be construed to reflect any legislative intent regarding the circumstances under which Medicare or Medicaid certification may be obtained for a provider of ambulatory services.
|Intro. by Randleman.||GS 131E|
The Daily Bulletin: 2013-03-05
Amends GS 115C-84.2(d) to allow local boards of education in Avery, McDowell, and Mitchell counties to set the opening and closing dates for their public schools under subdivision (a)(1) of GS 115C-84.2. Provides that this act applies only to Avery, McDowell, and Mitchell County schools beginning with the 2013-14 school year.
Amends GS 115C-84.2(d) to allow local boards of education in Ashe and Watauga counties to set the opening and closing dates for their public schools under subdivision (a)(1) of GS 115C-84.2. Provides that this act applies only to Ashe and Watauga County schools beginning with the 2013-14 school year.
Provides that despite the provisions of GS 143-128, GS 143-129, GS 143-131, GS 143-132, GS 143-64.31, and GS 143-64.32, Buncombe County is permitted to use the design-build construction method for any road, water, sewer, sidewalk, public facility, and any other public infrastructure. Provides additional criteria governing the solicitation of bids and the selection of the best qualified team with whom to contract for the project.
Provides that this act applies only to the demolition and construction of structures for an economic development project at 502 Sweeten Creek Industrial Park in Asheville.
|Intro. by Moffitt, Ramsey.||Buncombe|
Amends GS 160A-360, Territorial Jurisdiction, by preventing the City of Asheville from having authority to exercise any power under this section. The relinquishment of authority will be effective April 1, 2013, after which the regulations and powers of enforcement previously applicable under GS 160A-360 will remain in effect until Buncombe County has adopted the regulation or a period of 60 days has elapsed following the effective date above, whichever is sooner.
The City of Asheville will not complete, initiate, or begin any annexation proceeding under GS 160A-360.
Only applies to the City of Asheville. Expires on Devember 31, 2025.
|Intro. by Moffitt, Ramsey.||Buncombe|
Amends GS 115C-84.2(d) to allow the Iredell-Statesville schools to set the opening and closing dates for their public schools under subdivision (a)(1) of GS 115C-84.2. Provides that this act applies only to Iredell-Statesville schools beginning with the 2013-14 school year.
|Intro. by R. Brawley, Turner.||Iredell|
Rewrites Section 6.1 of SL 2004-104 as the title indicates. Applies only to Holden Beach.
|Intro. by Iler.||Brunswick|
The Daily Bulletin: 2013-03-05
Senate committee substitute to the 1st edition makes the following changes. Provides that the City of Clinton may use the design-build method of construction for the construction or renovation of buildings, facilities, and infrastructure owned by the City (was, for any road, water, sewer, sidewalk, public facility and any other public infrastructure). Allows the City to use the authority for up to two projects, which must be awarded on or before June 30, 2015. Deletes the provision limiting the act to work on the (1) Bellamy Recreation Center, and (2) Clinton Public Works 14 facility.
|Intro. by Jackson.||Sampson|
|Intro. by Tarte.||Mecklenburg|
|Intro. by Goolsby.||New Hanover|
Amends GS 113-291.1(c) to no longer make it a Class 1 misdemeanor to hunt with a firearm equipped with a silencer or a device designed to silence, muffle, or minimize the firearm report.
|Intro. by Randleman.||GS 113|
Actions on Bills: 2013-03-05
H 82: IRC UPDATE.
H 198: MARCH OF DIMES ANNIVERSARY.
H 207: EXPUNCTION OF DRUG OFFENSES.
H 208: BAN THE BOX.
H 210: HONOR DOC WATSON.
H 216: HONOR TOWN OF PROCTORVILLE.
H 226: THE FREE MEANS FREE ACT.
S 164: AUTOPSY FEE INCREASE.
S 196: HONOR RUTH GRAHAM.
S 202: ENACT CON REFORM.
Actions on Bills: 2013-03-05
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