AN ACT REQUIRING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE TEMPORARY, SHORT-TERM FINANCIAL ASSISTANCE TO (1) GROUP HOMES SERVING RESIDENTS DETERMINED NOT TO BE ELIGIBLE FOR MEDICAID-COVERED PERSONAL CARE SERVICES AS A RESULT OF CHANGES TO ELIGIBILITY CRITERIA THAT BECAME EFFECTIVE ON JANUARY 1, 2013, AND (2) SPECIAL CARE UNITS SERVING RESIDENTS WHO QUALIFY FOR MEDICAID-COVERED PERSONAL CARE SERVICES ON OR AFTER JANUARY 1, 2013. Enacted March 6, 2013. Effective March 6, 2013.
The Daily Bulletin: 2013-03-07
|Intro. by Dollar, Burr.||UNCODIFIED|
Senate Amendment #2 makes the following changes to the 2nd edition.
Amends the long title to reflect the bill content.
Amends GS 136-89.183(a)(2) toauthorize the Turnpike Authority (Authority)to study, plan, develop, and undertake preliminary design work on up to eight (was, reduced from eight to five in 2nd edition) Turnpike Projects.
Requires prior consultation with the Joint Legislative Commissionon Governmental Operations regarding any projects proposed by the Authorityin addition to those listed in(a)(2). Provides that with the exception of the projects identified in sub-subdivisions a. and c. of subdivision (2)of GS 136-89.183, before the letting of a contract, anyTurnpike Project selected for construction by the Authority has to be eligible for funding under GS 136-188 (the Mobility Fund) or subject to GS 136-18(42) (prioritization process for selecting projects) in addition to meeting the other listed requirements.
Deletes amendments to GS 136-176(b2),which decreasedthe annual appropriation to the Authority from the Highway Trust Fund. Also deletes changes to GS 105-187.9, which increased the amount each fiscal year transferred from the taxes deposited in the Highway Trust Fund to the Mobility Fund.
|Intro. by Stam, Dollar.||GS 136|
A BILL TO BE ENTITLED AN ACT TO HONOR FALLEN HEROES BY STRENGTHENING THE LAW THAT PROHIBITS DISORDERLY CONDUCT AT A FUNERAL, MEMORIAL SERVICE, OR PROCESSIONAL ROUTE. Enacted March 6, 2013. Effective December 1, 2013.
|Intro. by Hastings, T. Moore, Arp, Szoka.||GS 14|
A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW PROVIDING FOR THE ISSUANCE OF CAPTIVITY LICENSES AND PERMITS BY THE WILDLIFE RESOURCES COMMISSION. Enacted March 6, 2013. Effective March 6, 2013.
House committee substitute makes the following changes to the 1st edition.
Changes the title.
Rewrites new GS 99E-41, changing the catchphrase toStandard of Proof (was, Immunity).Provides thatin any civil action arising from a 911 orpublic safety telecommunicator or dispatcher's performance of lawful and prescribed assigned job duties at a public safety answering point (PSAP), the individual is entitled toa standard of clear and convincing evidence in a court of law (was, conferred the same immunities on persons performing duties at a PSAP as those of a sworn law enforcement officer).
DefinesPSAP as it is defined in GS 62-40. Deletes requirement that any civil claim arising from the action or inaction of public safety telecommunicators and dispatchers must be filed within two years of the occurrence dateor be forever barred.
Applies to any cause of action arising on or after the bill becomes law.
|Intro. by Torbett.||GS 99|
House committee substitute makes the following changes to the 1st edition. Adds definitions for violations of the law and complaining witness. Makes conforming technical changes.
|Intro. by Daughtry.||GS 74G|
Amends GS 115C-84.2(d) to direct that except for year-round schools, the school opening date for students must be no earlier than August 15 (was, opening no earlier than the Monday closest to August 26, and closing no later than the Friday closest to June 11). Mandates that first semester examinations be given before winter break. Deletes language that provided discretionary authority to the State Board of Education to allow local boards to waive opening date requirements for good cause and revise closing date requirements. Also deletes exception for schools having a modified calendar for the 2003-04 school year.
Provides that in spite of the required opening date under subsection (d), a local board of education may schedule school opening and closing dates to coincide with the opening and closing dates of a community college that serves the city or county in which the school unit is located.
Applies beginning with the 2013-14 school year.
|Intro. by Lucas, L. Bell.||GS 115C|
As title indicates.
|Intro. by Waddell.||JOINT RES|
As title indicates.
|Intro. by McElraft.||JOINT RES|
Amends GS 105-129.87, which lists credits allowed to qualifying businesses, to add that a taxpayer that is a small business; meets the eligibility requirements in GS 105-129.83, excluding GS 105-129.83(a); and satisfies the threshold requirement for new job creation in GS 105-129.87(b) is allowed a credit for creating jobs. Clarifies that jobs located in an urban progress zone or agrarian growth zone, created by a taxpayer other than a small business, are allowed a credit increased by an additional $1,000 per job. Specifies that if the job is located in an urban progress zone or agrarian growth zone and filled by a resident of that zone or by a long-term unemployed worker or is created by a small business, then the credit is increased by an additional $2,000 per job. Amends GS 105-129.81 to define small business as a taxpayer that employs no more than 50 eligible employees during the taxable year and that is engaged in a business other than retail trade, as specified, or food services and drinking places, as specified. Effective for taxable years beginning on or after January 1, 2013.
|Intro. by Goodman, Wray, Waddell, C. Graham.||GS 105|
Repeals GS 160A-360 (territorial jurisdiction) and GS 160A-362 (extraterritorial representation). Effective January 1, 2014.
|Intro. by Pittman, Ford, Moffitt, Hardister.||GS 160A|
Identical to S 154, filed 2/28/13.
Adds a new Article 37A in GS Chapter 58 to allow certain types of motor vehicle insurance filings to take effect on or after the date they are filed. Applies to filings for nonfleet private passenger motor vehicle insurance rates made by an insurer that provides for an overall statewide rate increase or decrease of no more than 12% when aggregated for all policyholders and all coverages subject to the filing. Insurers may only make one rate change during any 12-month period using this expedited process unless the combination of all rate changes during the 12-month period do not result in an overall increase or decrease of more than 12%. If the rate filing provides for an overall statewide rate increase or decrease greater than 12%, the filing may not be expedited under Article 37A but rather remains subject to Articles 40 and 41.
A filing under the expedited procedure in Article 37A is deemed approved by the Commissioner of Insurance upon filing. The Commissioner may subsequently disapprove of the filing after conducting a hearing and issuing a written determination that the filing is excessive, inadequate, or unfairly discriminatory. If the Commissioner disapproves of the filing, the decision is not retroactive and does not affect any insurance contracts issued or made before the effective date of the order. Makes conforming changes to GS 58-40-30 and GS 58-41-50.
Adds a new Article 36A in GS Chapter 58 to provide that by January 1, 2015, insurers writing nonfleet private passenger motor vehicle insurance (as defined in new GS 58-36A-1) may choose to develop rates and forms subject to either Article 36 or Article 40 and new Article 37A. Makes conforming changes to GS 58-40-15.
Amends GS 58-3-25, which prohibits certain types of insurance discrimination. Removes the prohibition on basing any standard or rating plan for private passenger automobiles or motorcycles, in whole or in part, directly or indirectly, upon the age or sex of the persons insured.
Adds new GS 58-40-17 to allow insurers to adopt rules allowing an insured with more than four private passenger motor vehicles to be covered under a nonfleet private passenger motor vehicle policy that is subject to Article 40.
Adds new GS 58-40-150 to allow an insurer to take action if an applicant for a nonfleet private passenger motor vehicle policy knowingly makes a material misrepresentation related to the the experience or driving record of insureds or other operators.
Adds new GS 58-40-145 to provide that Article 40 does not apply to certain types of insurers, specifically to any town or county farmers mutual fire insurance association with limited operations and certain insurers doing business in the state on the assessment plan. Adds new GS 58-37A-15(a) exempting the same categories of insurers from new Article 37A.
Adds new GS 58-37A-15(b) to provide that GS 58-36-90 (related to prohibitions on using credit scoring in rating) and GS 58-36-95 (related to estimates based upon the use of nonoriginal crash repair parts) apply to insurers that elect to develop private passenger auto and motorcycle rates and forms pursuant to new Article 37A.
Amends GS 58-37-35, which relates to the North Carolina Motor Vehicle Reinsurance Facility (Facility). Under current law, Facility reinsurance rates must be calculated on an actuarially sound basis except that "clean risks" must not exceed rates charged to "clean risks" who are not reinsured in the Facility. The changes to the section would phase out the differential in rates for "clean risks" over five years. The change would be effective January 1, 2014. Another change would amend the same statute again effective January 1, 2019, to remove all of the provisions related to clean risks in the statute.
Directs the Facility to report to the Joint Legislative Commission on Governmental Operations on or before October 1, 2016 (and again by October 1, 2018) on the impact of the legislation on the Facility's market share.
Effective January 1, 2015, unless otherwise indicated.
|Intro. by Collins, Murry, Burr, Warren.||GS 58|
Enacts new GS 160A-455.1 (Restriction concerning standards in excess of national standards applicable to nursery stock). Prevents commissions from making any plans or carrying out any program to enhance aesthetic appearance of the county or municipality that will require any nursery stock that is purchased to be planted in its jurisdictions to satisfy a standard that exceeds the American Standard for Nursery stock as adopted by the American Nursery and Landscape Association, unless stricter standards are necessary to protect public health or safety.
Enacts new GS 160A-499.4 (Standards for nursery stock). Prevents any city from requiring nursery stock that is purchased to be planted in its jurisdiction to satisfy a standard that exceeds the American Standard for Nursery stock as adopted by the American Nursery and Landscape Association, unless stricter standards are necessary to protect public health or safety.
Enacts new GS 153A-457 (Standards for nursery stock). Prevents any county from requiring nursery stock that is purchased to be planted in its jurisdiction to satisfy a standard that exceeds the American Standard for Nursery stock as adopted by the American Nursery and Landscape Association, unless stricter standards are necessary to protect public health or safety.
Effective when the act becomes law and applies to any contracts for the purchase of nursery stock made on or after that date.
Amends GS 136-89.198, as title indicates.
|Intro. by Collins, Torbett, Floyd, Wray.||GS 136|
The Daily Bulletin: 2013-03-07
A BILL TO BE ENTITLED AN ACT (1) TO CLARIFY THE STATE'S INTENT NOT TO OPERATE A STATE-RUN OR "PARTNERSHIP" HEALTH BENEFIT EXCHANGE, (2) TO PROVIDE THAT FUTURE MEDICAID ELIGIBILITY DETERMINATIONS WILL BE MADE BY THE STATE RATHER THAN THE FEDERALLY FACILITATED EXCHANGE, AND (3) TO REJECT THE AFFORDABLE CARE ACT'S OPTIONAL MEDICAID EXPANSION. Enacted March 6, 2013. Effective March 6, 2013.
|Intro. by Apodaca, Brown, Rucho.||GS 58|
Amends GS 47C-3-107 and GS 47F-3-107 as the title indicates.
Amends GS 115C-210.4 to modify the duties of the State Advisory Council on Indian Education (Council)to include annually reviewing relevant data from the Department of Public Instruction (DPI)onIndian students regarding academic performance, growth, suspension and expulsion events, dropouts, and graduation rates. Provides that the review is not limited to these topics. Directs the Council to make an annual presentation to advise the State Board of Education on ways to meet the educational needs of Indian students more effectively. Deletes the requirement that the Council prepare an annual report on the status of Indian education to be presented to the State Board of Education. Directs the Council to work closely withDPI (was, work closely with the Division of Indian Education inDPI)to improve coordination and communication between and among programs.Makes organizational and technical changes.
|Intro. by J. Davis.||GS 115C|
Enacts new GS 143-131.1 (Counties and municipalities; preference given to local bidders), authorizing counties and municipalities to give preference to the lowest responsible, responsive local bidder when contracting for construction, repair work, or the purchase of apparatus, supplies, materials, or equipment with public money when the lowest local bid is not greater than 5% or $10,000, whichever is less, of the bid of the lowest responsible, responsive non-local bidder and the local bidder matches the bid of the non-local bidder.
A bidder that has paid unemployment taxes or income taxes in North Carolina and whose principal place of business is located in the county or municipality giving preference is considered a local bidder. A principal place of business is defined as the principal place from which the trade or business of the bidder is directed or managed.
Effective July 1, 2013, applying to bids received on or after that date.
|Intro. by Soucek.||GS 143|
Amends GS 113-270.1A (Hunter safety course required), requiring that any person procuring a hunting license in North Carolina must produce a hunter education certificate of competency, a NC hunting heritage apprentice permit from the Wildlife Commission (Commission), or a hunting license issued prior to July 1, 2013, by the Commission.
Exempts people who qualify for a disabled license, pursuant to GS 113-270.1C(b)(5) or (6), GS 113-270.1D(b)(7) or (8), or GS 113-351(c)(3)(f) or (g), from complying with GS 113-270.1A(a), the section above (previously, only exempted those that qualified for a totally disabled combination license under GS 113-270.1C(b)(4)), when the same only makes use of the license when accompanied by an adult of at at least 18 years of age who is licensed to hunt and when the licensed adult maintains a proximity close enough to remain within sight and hearing distance without the help of electronic devices (previously, only stated that the disabled hunter must be accompanied by an adult and that the adult must stay close enough to communicate with the disabled hunter).
Makes technical and conforming changes to GS 113-270.1A(b). Also expands the organizations that the Commission may work with to develop courses.
Amends GS 113-270.1A(c) to state that, on or after July 1, 2013 (was, on or after July 1, 1991), any person who obtains a hunting license by a fictitious certificate of competency or through other means of fraud will have his or her hunting privileges revoked by the Commission for a period not to exceed one year.
Amends GS 113-270.1A(d) by adding the Nonresident Lifetime Sportsman License, the Age 65 Resident Lifetime Sportsman License, and the Lifetime Unified Sportsman/Coastal Recreational Fishing Licenses to the list of lifetime licenses that may be purchased by or in the name of people who have not obtained a hunter education certificate of competency, subject to specified conditions. Makes technical and conforming changes to GS 113-270.1A(d).
Amends GS 113-270.2A, stating that an applicant for a hunting license can make a contribution to the Commission for the purpose of funding a hunter safety education program (was, can make a contribution of 50 cents).
Amends GS 113-274(c) by enacting new GS 113-274(c)(3c), which provides for the issuance of a Hunting Heritage Apprentice Permit by the Commission. The permit authorizes a person that does not meet the hunter education course requirements to purchase a hunting license and hunt if accompanied by an adult at least 18 years old who is licensed in North Carolina, or if accompanied by an adult landholder or spouse that is exempt from the hunting license requirement pursuant to GS 113-276(c) if hunting on the landholder's land. Defines accompanied as previously described in GS 113-270.1A(a1). Hunting with a permit issued pursuant to this section but not complying with all the requirements violates GS 113-270.1B, hunting without first procuring a current and valid license.
Amends GS 113-276, making technical and conforming changes.
Act replaces references to hunter safety with hunter education throughout. Also, elaborates that being accompanied by an adult signifies having a person 18 years of age or older maintain a proximity close enough to remain within sight and hearing distance without the help of electronic devices.
Effective July 1, 2013.
|Intro. by Newton.||GS 113|
Substantively identical to H 253, filed 3/6/13.
Enacts new GS 163-166.13 providing that a legally registered voter may certify his or her identity by one of two methods: (1) by signing a voter photo affidavit or by (2) presenting proper photo identification.
Proposed subsection (b) provides that a voter photo affidavit is a photograph taken by a designated election official that is signed by the voter to affirm that the voter is in fact the registered voter in whose name the ballot is requested. Makes it a Class I felony under GS 163-275(7) to falsely sign the affidavit. Requires that the signed photo affidavit be on file in digital format at the county board of elections office for a time to be determined by the State Board of Elections and included in the state voter file.
Proposed subsection (c) specifies the forms of identification containing a photograph of the registered voter which are considered to be "photo identification" as used in this section. Includes among acceptable photo identification a voter registration card issued by the State Board of Elections or a county board of elections even though the voter registration card does not contain a picture of the voter. Also includes various other unexpired identification cards with a picture of the voter such as a driver's license, employee identification card, military ID card, student ID card issued by an accredited university or college in North Carolina, or a US passport.
Amends GS 163-82.6A(b) to require that in addition to the proof of residence required to register to vote under current law, a voter must either sign a voter photo affidavit or present photo identification as required under proposed GS 163-166.13.
Makes conforming changes to GS 163-166.7 (Checking registration), GS 163-227.2(b) (regarding requesting an application for an absentee ballot), and GS 163-87 (Challenges allowed on day of primary or election).
Amends GS 163-278.69 to require that the Judicial Voter Guide must include information on the requirements for voting in person under new GS 163-166.13.
Provides that all of the above listed provisions apply to primaries and elections conducted on or after January 1, 2014.
Requires, effective July 1, 2013, that the public be educated about the requirements of this act and specifies the structure and content of the public education and publicity requirements.
|Intro. by Clark, Ford.||GS 163|
Amends GS 55-6-21(a), allowing powers granted to the board of directors (board) in GS 55-6-21 (Issuance of shares) to be delegated by the board to one or more officers of the corporation, unless the articles of incorporation or bylaws state otherwise.
Amends GS 55-6-24(a), also allowing designated officers of the corporation, in addition to its board, to determine the terms on which the rights, options, or warrants are issued, their form and content, and the consideration needed for their issuance.
Amends GS 55-7-05(a), requiring the board, if they have authorized participation in an annual and special shareholders' meeting by means of remote communication, to issue notice, not only of the date, time, and the place of the meetings, but also of the means of remote communication to be used to participate in such meetings.
Repeals GS 55-7-08. Majority of language repealed is incorporated into the below new section, GS 55-7-09.
Enacts new GS 55-7-09 (Remote participation in meetings), allowing, to the extent authorized by the board, shareholders of any class or series to participate in any meeting of shareholders by remote communication. Such participation is subject to any guidelines and procedures set by the board. Shareholders participating by remote communication are considered present and can vote at such a meeting if the corporation has established reasonable measures to (1) verify that each person participating remotely is a shareholder and (2) to provide each shareholder participating remotely a reasonable opportunity to participate in the meeting and to vote on matters submitted to the shareholders, including an opportunity to communicate and read or hear the proceedings of the meeting, substantially concurrently with the proceedings.
Amends GS 55-7-20(c), making conforming and technical changes, replacing a reference to GS 55-7-08 with GS 55-7-09.
Enacts new GS 55-8-26 (Submission of matters for shareholder vote), authorizing a corporation to submit a matter to a vote of its shareholders even if, after approving the matter, the board determines it no longer recommends the matter.
Amends GS 55-10-03(b) and (e), making technical and clarifying changes. Adds a reference to new section GS 55-8-26 (above) to language that requires the board to communicate the basis for not recommending the approval of an amendment if GS 55-8-26 is the reason for not recommending the amendment or a conflict of interest exists.
Amends GS 55-11-03, making conforming and technical changes. Inserts a reference to GS 55-8-26 to language that requires the board to communicate the basis for not recommending the approval of the plan of merger if GS 55-8-26 is the reason for not recommending the merger plan or a conflict of interest exists.
Amends GS 55-11-04, changing section title to Merger between parent and subsidiary or between subsidiaries. Makes several clarifying changes. Requires the board of foreign subsidiaries to get approval of its board and shareholders, as required under the law the foreign subsidiary is organized under, before merging.
Amends GS 55-11A-11, making technical and clarifying changes. Inserts a reference to GS 55-8-26 to language that requires the board to communicate the basis for not recommending the approval of the plan of conversion if GS 55-8-26 is the reason for not recommending the plan or a conflict of interest exists.
Amends GS 55-12-01, changing section title to Disposition of assets not requiring shareholder approval and mortgage of assets. Gives a corporation authority to, as approved by its board and without the approval of the shareholders, sell, lease, exchange, or otherwise dispose of any of its property not in the usual course of business, if such action does not dispose of all or substantially all of the corporation's property. If the action would leave the corporation with a continuing business activity of at least 25% of total assets at the end of the most recent completed fiscal year and at least 25% of either (1) income from continuing operations before taxes or (2) revenues from continuing operations for that fiscal year, then the action will be considered to be of less than all, or substantially all, of the corporation's property.
Amends GS 55-12-02, changing section title to Disposition of assets requiring shareholder approval. Makes technical and clarifying changes. Inserts a reference to GS 55-8-26 to language that requires the board to communicate the basis for not recommending the approval of the proposed transaction if GS 55-8-26 is the reason for not recommending the transaction or a conflict of interest exists.
Amends GS 55-14-02(b), making technical and clarifying changes. Inserts a reference to GS 55-8-26 to language that requires the board to communicate the basis for not recommending the approval of a proposal to dissolve if GS 55-8-26 is the reason for not recommending the proposal to dissolve or a conflict of interest exists.
Effective October 1, 2013.
|Intro. by Clodfelter, Barringer, Brunstetter.||GS 55|
Identical to H 168, filed 2/27/13.
As title indicates.
|Intro. by Goolsby.||UNCODIFIED|
Enacts new GS 105-129.16K, allowing a $2,000 credit for a taxpayer that hires and retains a qualified employee for at least one year. Defines a qualified employee as an individual who has received the maximum regular benefits allowable during the benefit year who has not been employed since the time of receiving unemployment benefits. Requires the taxpayer to satisfy the wage and health insurance standards in GS 105-129.83 to be eligible for the credit. Repealed for taxable years beginning on or after January 1, 2016. Effective for taxable years beginning on or after January 1, 2013.
|Intro. by McLaurin, Stein.||GS 105|
Identical to H 146, filed 2/21/13.
Amends GS 115C-81 (Basic Education Program) by providing that the instruction of cursive writing and the memorization of multiplication tables are required in public schools, as part of the Basic Education Program.
Effective when the act becomes law and applies beginning with the 2013-14 school year.
|Intro. by Allran.||GS 115C|
The Daily Bulletin: 2013-03-07
A BILL TO BE ENTITLED AN ACT AUTHORIZING CLEVELAND COUNTY TO CONVEY CERTAIN DESCRIBED PROPERTY BY GIFT, PRIVATE SALE, OR LONG-TERM LEASE. Enacted March 7, 2013. Effective March 7, 2013.
|Intro. by T. Moore, Hastings.||Cleveland|
Removes described property that is owned by Rowan County and located in the vicinity of the Rowan County Airport from Salisbury's corporate limits. Provides that the act has no effect on the validity of any of the city's liens for ad valorem taxes or special assessments that are outstanding before the act becomes effective. Allows the liens to be collected or foreclosed upon after the act becomes effective as though the property was still within the city's corporate limits.
|Intro. by Ford.||Rowan|
Removes a described tract from Kannapolis's corporate limits. Provides that the act has no effect on the validity of any of the city's liens for ad valorem taxes or special assessments that are outstanding before the act becomes effective. Allows the liens to be collected or foreclosed upon after the act becomes effective as though the property was still within the city's corporate limits.
Amends GS 115C-84.2(d) (concerning school opening and closing dates) as it applies to the Person County Board of Education only. Except for year-round schools, the opening date for students will not be earlier than August 12; the closing date remains open.
Applies beginning with the 2013-14 school year.
|Intro. by Wilkins.||Person|
The Daily Bulletin: 2013-03-07
Amends GS 160A-301, authorizing the City of Greensboro to add the fine associated with a parking ticket, which has remained unpaid for 150 days and where ownership of the vehicle has not been transferred from the time of the violation until the date on which registration is sought, to the amount due for municipal taxes on the motor vehicle for the calendar year following the year in which the violation occurred. The DMV will treat the combined amount as unpaid municipal taxes for the purposes of GS 20-50.4.
Effective July 1, 2013, applying to tickets issued for violations occurring on or after that date.
|Intro. by Robinson.||Guilford|
Authorizes the town of Ocean Isle to create a sea turtle sanctuary within the areas of the town limits, above the mean low watermark, including the foreshore. Ordinances adopted to regulate activities within the sea turtle sanctuary must be consistent with the town's general ordinance-making powers. The ordinance may incorporate the sea turtle criminal statutes by cross reference. Makes it unlawful to disturb or destroy a sea turtle, sea turtle nest, or sea turtle eggs within the sanctuary, in violation of an ordinance adopted by the Town.
|Intro. by Rabon.||Brunswick|
|Intro. by Ford.||Mecklenburg|
Amends Subchapter D of Chapter III of the Charter of the City of Greensboro, as amended, as the title indicates. Alsoprovides that the small business enterprise program authorized under this section supplements but does not replace the requirements of GS 143-128.2, 143-131, or 143-135.5. Provides that goals or efforts to achieve minority-owned and women-owned business participation that are consistent with the requirements of the three previously identified statutes take precedence over the goals for small business enterprise participation established under this section.
Includesa severability clause to provide that if any provisions of the proposed act or its application are held to be invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provisions or applications.
|Intro. by Robinson.||Guilford|
Enacts new GS 153A-158.1A authorizingcountiesto elect by resolution to assume responsibility for some or all of"owning, siting, acquiring, constructing, equipping, expanding, improving, repairing, and renovating" property that is for use by a specified local school administrative unit (LEA) that is located entirely within the county. Provides that thecounty's authority extends only to the extent thatthe terms and conditions are specified in the board of county commissioners' resolution.Prohibits the LEA from exercising any power over the areas over which the county commissioners have elected to assume authority via resolution. Permits the commissioners to elect to leave the LEA with the responsibility for equipment and for maintenance and repairs in categories or amounts as named in the resolution. Mandates that responsibility for school property that is transferred by resolution under this statute is for a period of no less than 10 years and that the election may be renewed in 10-year increments by subsequent resolution of the commissioners.
Directs the county to consult with the board of education about actions involving the siting, design, construction, equipping, expansion, improvement, or renovation of property for use by an LEA.
Authorizes a county to provide by resolution that any current or future interest in real property or school capital funds vests in the county. Requires that the clerk of the board of commissioners certify the resolution and send it to the clerk of the board of education. Allots 30 days from the entry of the resolution forthe board of education to execute any documents or deeds to complete the transfer under the exact terms as set out in the resolution. Directs the county to pay any costs associated with executing the documents and completing the transfer.
Defines interest in real property and school capital funds as the terms are used in this section. Provides a county issuing a resolution under this section may contract for insurance or leave the current risk management programs operated by the school board in place. Attaches noliability to the county for acts or omissions of school employees in or on school property that is owned, acquired, leased, or improved by the county via a resolution elected under this section.
Provides that any real or personal interest in school property, acquired by a county under this section, is presumed to be for the exclusive use of the LEA for public school purposes and acquisition of property per the provisions of this act does not constitute the exercise of imminent domain and does not entitle the LEA or local board of education to any funds or other consideration for any property acquired or transferred to the county under this section.
Amends GS 115C-207(2) to provide that if a county has assumed ownership of school property, the local board of education canonly permit use of the school property as authorized by the county commissioners. Amends GS 115C-426 to provide that the capital outlay is not to include appropriations for the purposes for which the county has assumed responsibility under proposed GS 153A-158.2.
Assigns responsibility in GS 115C-519 to the clerk of the board of county commissioners for safe keeping for all deeds to school property owned by a county after the deeds are registered.
Makes additional conforming changes toGS Chapter 115Cregarding the authority of county commissionswhich elect toassume responsibility for construction, improvement, ownership, and acquisition of public school property by resolution under proposed GS 153A-158.1A.
As title indicates. Does not specify the boundary line.
|Intro. by Hartsell.||Stanly|
Actions on Bills: 2013-03-07
H 82: IRC UPDATE.
H 147: AMEND ADOPTION LAWS.
H 241: BLUE MONDAY SHAD FRY.
H 246: THE GUN RIGHTS AMENDMENT.
H 258: SCHOOL CALENDAR FLEXIBILITY.
H 259: HONOR EDWARD L. WILLIAMSON.
H 262: HONOR JEAN PRESTON.
S 210: AUTHORIZE CHIEF MAGISTRATES.
S 213: PAROLE COMMISSION VOTING.
S 218: NO TOLLS ON INTERSTATE 95.
S 221: CHILD ADVOCACY CENTER FUNDS.
S 243: BACK TO BASICS.
Actions on Bills: 2013-03-07
H 245: TROUTMAN DEANNEXATION.
H 252: ASHEVILLE TRANSFERS.
H 261: KANNAPOLIS/DEANNEXATION.
S 95: TABOR CITY ELECTION.
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