House committee substitute to the 1st edition makes the following changes. Amends proposed GS 90-18(c)(14a) and GS 90-171.20(7)e. to provide that a nurse anesthetist (was, a nurse, including but not limited to, a nurse anesthetist or advanced practice registered nurse) may provided anesthesia services under the supervision of specified professionals.
The Daily Bulletin: 2013-03-18
|Intro. by Dollar, Hollo, T. Moore, Wray.||GS 90|
House committee substitute makes the following changes to the 1st edition.
Amends GS 110-136.3(a)(4a), providing that a non-IV-D child support order that contains an income withholding requirement and a IV-D child support order must require the NC Child Support Enforcement agency to provide, or to allow the obligor to obtain through the NC Child Support Centralized database, the current residence and mailing address of the custodial party, or the current residence and mailing address of the child, if the addresses are different. A form provided by the Administrative Office of the Courts will be supplied by the clerk of court to enable the obligor to proceed pro se pursuant to this subsection.
Establishes that there is no requirement that the court authorize the obligor to have access to the current residence and mailing address of the custodial party if the court has determined that providing the address to the obligor is inappropriate because of threats constituting domestic violence (previously, only provided a notice and not address).
Adds additional situations where the requirement to give access to the residence or address to the obligor is not required, including that the child is in foster care, protective custody, or a court-ordered placement, or disclosure of the address is otherwise prohibited by state or federal law.
|Intro. by Glazier, Stevens, L. Hall.||GS 110|
Amends GS 113-35 as the title indicates.
|Intro. by McElraft.||GS 113|
Identical to S 304, filed 3/13/13.
Updates language in Article 86 of GS Chapter 58 to make the provisions gender neutral; for example, replaces "firemen" with "firefighters." Also makes provisions regarding firefighters gender neutral in GS 25-9-406(i), GS 25-9-408(f), GS 147-69.2, GS 147-69.7(a), and GS 147-69.8.
Enacts new GS 58-86-2 to add a definitions section to Article 86 for words and phrases as used in this Article.
Deletes GS 58-86-5 to eliminate the six-member Board of Trustees of the North Carolina Firemen's and Rescue Squad Workers. Enacts GS 58-86-6 to create the Firefighters' and Rescue Squad Workers' Pension Fund Advisory Panel (the advisory panel).
Provides that the advisory panel is to have seven members: (1) the director of the Retirement Systems Division of the North Carolina Department of State Treasurer, serving as chair; (2) a designee of the State Insurance Commissioner; and (3) five members appointed by the Board of Trustees of the Local Governmental Employees Retirement System (Board) that meet specified requirements. Allows members of the advisory panel to succeed themselves if they are reappointed by the Board.
Allows the persons who are serving on the Board of Trustees of the North Carolina Firemen's and Rescue Squad Workers on June 30, 2013, to serve as members of the advisory panel created in this act until their current terms expire.
Directs the Board to administer the Pension Fund. Amends GS 58-86-15, deleting the office of the Director of the North Carolina Firemen's and Rescue Squad Workers' Pension Fund.
Requires the advisory panel to meet at least once a year at the call of the chair. Provides that the advisory panel does not have any administrative authority, but requires the advisory panel to submit an annual report to the Board on the status and needs of the pension fund.
Amends GS 58-86-25 to delete the definition for eligible firemen (now moved to the definitions section in new GS 58-86-2 and titled eligible firefighters). Requires eligible firefighters to attend 36 hours of training in each calendar year. Directs each eligible fire department (was, department) to annually report the names of the firefighters who meet the eligibility requirements under this Article to its respective governing body. Prohibits an eligible firefighter from also qualifying as an eligible rescue squad worker in order to receive double benefits under Article 86 of GS Chapter 58. Amends GS 58-86-30 to make the same changes as above applicable to an eligible rescue squad worker, including the prohibition against receiving double benefits.
Amends GS 58-86-35 (firefighters) and GS 58-86-40 (rescue squad workers) to require that firefighters and rescue squad workers who are members of the fund make each monthly payment to the fund no later than March 31 following the end of the year in which the month occurred (was, 90 days after the end of the calendar year in which the month occurred). Provides that the pension fund does not award fully credited service based on payments after March 31, subsequent to the end of the calendar year in which the month occurred unless the payment is a lump sum payment as provided in GS 58-86-45(a1).
Amends GS 58-86-45, deleting outdated provisions regarding retroactive membership in the pension fund. Applies provision regarding a lump sum payment for service "otherwise not creditable" to all purchases of service credit for months for which timely payments were not previously made under GS 58-86-35 or GS 58-86-40.
Deletes provision that prohibited a member from receiving a pension until the member's official duties as a fireman or rescue squad worker, for which the member received compensation, had been terminated and the member had retired. Amends subdivision (4) of GS 58-86-60 to permit any member to withdraw from the fund, upon proper application, and receive a lump sum payment (was, made a distinction based on five or more years of contributing service and less than five years of contributing service). Provides that a member may not purchase time under GS 58-86-45 for which the member has received a refund.
Deletes GS 58-86-91, which allowed periodic deductions from a member's retirement benefits to be paid to an employees' or retirees' association meeting certain criteria.
Enacts new GS 58-86-95 to provide that members who resign as eligible firefighters or eligible rescue squad workers have the option of withdrawing from the fund and seeking a refund under GS 58-86-60 or taking a leave of absence under this section, or the member will be considered inactive. Requires any member not on active military service to provide written notice to the office of the director that the member is taking a leave of absence. Requires members on active military service to provide notice to the director before beginning active service and again upon returning from active duty. Provides additional criteria regarding leaves of absence and inactive membership.
Enacts new GS 58-86-100, effective December 1, 2013, to provide for the forfeiture of retirement benefits, except for a return of member contributions, for members convicted of certain felonies that would bring disrepute on a fire department or rescue squad. Applies to convictions under federal or state law meeting the specifications as detailed in this section. Provides for a member or former member to seek a reversal of a benefits forfeiture if the member subsequently receives a pardon, or the conviction is vacated or set aside for any reason, by presenting sufficient evidence to the State Treasurer.
Amends GS 15A-1340.16(d) to establish as an aggravating factor a defendant who is a firefighter or rescue squad worker and commits an offense that is directly related to service as a firefighter or rescue squad worker. Enacts new subdivision (h) to GS 58-86-95 to provide that a member with less than 20 years of fully credited service in this system as of December 1, 2013, and is convicted of certain offenses committed after December 1, 2013, forfeits all benefits except for a return of member contributions, and is not entitled to any fully credited service accruing after December 1, 2013. Effective December 1, 2013.
Except as otherwise indicated, this act becomes effective July 1, 2013.
Amends GS 135-48.12, removing the state auditor from the Committee on Actuarial Valuation of Retired Employee's Health Benefits and instead making the Attorney General a member.
Amends GS 116-30.8 (Special responsibility constituent institutions: annual audit by State Auditor or certified public accountant), changing title to Special responsibility constituent institutions: annual audit by State Auditor. Provides that audits of the University of North Carolina special responsibility constituent institutions will be conducted only by the State Auditor.
Eliminates the requirement that the auditee's written responses, in regards to audits of economy and efficiency and program results, be included in the final report if received within 30 days from receipt of the draft report.
Effective July 1, 2013.
Enacts new GS 143C-3-6 to restructure the General Fund budget process as the title indicates. Requires that the General Fund availability is to be calculatedbased on the provisions of proposedsubsections (b), (c), and (d) or subsection (e) of thisproposed statute. Providesthat the term Recommended Continuation Budget refers to the part of the Recommended State Budget (1) prepared by the Governor and (2) balanced using the General Fund availability ascalculated under the aforementioned subsections.
Provides in subsection (b) that in odd-numbered years, for the first yearof the upcoming fiscal biennium,the Governor is to use the amount of total state funds actually received by the General Fund in the prior fiscal year that ended June 30, with the specified changes andadjustments to the availability estimate based on the Consumer Price Index (CPI) or the Gross Domestic Price deflator (GDP), whichever is lower, as the availability estimate for the General Fund.
Provides in subsection (c) the formula and factors to be considered for the calculation of the General Fund availability estimate in odd-numbered years in preparation of the Recommended Continuation Budget for year two of the fiscal biennium.
Provides in subsection (d) that in even-numbered years, in preparing recommended changes to the enacted budget for the second year of the fiscal biennium, theGovernor is to calculate the General Fund availability for the budget year in the same manner as in subsection (b).
Subsection (e) provides that if there is a revenue shortfall in the prior fiscal year ending on June 30, instead of determining the General Fund availability for the Recommended Continuation Budgetunder subsections (b), (c), and (d) of this section, General Fund availability is to be determined using a consensus revenue estimate as authorized by new subsection (e1) under GS 143C-3-5.
Prohibits the Governor from adjusting the General Fund availability for reasons as specified in subdivisions (1) and (2) of subsection (f) of this section but permits the Governor to prepare a Recommended Supplemental Budget that includes these factors. Provides that a Recommended Supplemental Budget is a part of the Recommended State Budget as described in GS 143C-3-5(b)(1), as amended by this act. Authorizes the Governor to present the Recommended Supplemental Budget to the General Assembly only after having presented a Recommended Continuation Budget to the General Assembly.
Makes conforming changes to GS 143C-3-5. Also requires that the Budget Support Document must include as continuation requirements the amounts that the Governor proposes to fund for the enrollment increases in public schools, community colleges, and all statutory appropriations (was, statutory appropriations). Provides that the Governor and the General Assembly may request an independent consensus revenue estimate.
Amends GS 143C-5-2 regarding the order of appropriation bills. Requires the General Assembly to enact a Current Operations Appropriations Act that includes a continuation budget in which the General Fund appropriations are not more than the General Fund availability estimate as calculated under new GS 143C-3-6(b), (c), and (d) or (e) before placing any other appropriations bill on the calendar for second reading (was, directed each chamber to pass its version of Current Operations Appropriations Act on third reading and order it sent to the other chamber before placing any other appropriations bill on the calendar for second reading). Provides that this section is to be considered as a rule of procedure in the Senate and the House of Representatives, unless otherwise provided by a rule of either chamber.
Effective when the act becomes law and applies to the 2015-16 fiscal year, the recommended State Budget for the 2015-16 fiscal year, and each subsequent Recommended State Budget and fiscal year.
|Intro. by Stam, Collins, S. Ross, Wells.||GS 143C|
Amends GS 47F-1-102 (Applicability), adds reference to GS 47F-3-104 (Transfer of Special Declarant Rights) to the section, explaining the applicability of that specific section of law.
Amends GS 47F-1-103 (Definitions), adding additional terms and definitions to be used in this act, including affiliate of declarant and development rights.
Amends GS 47F-3-104(a) (Transfer of special declarant rights), making technical and conforming changes.
Adds new subsections GS 47F-3-104(b-g).
GS 47F-3-104(b) provides for and explains the liability that a transferor declarant assumes upon transfer of any special declarant rights.
GS 47F-3-104(c) provides that, unless otherwise provided for, a person acquiring title of property being foreclosed or sold succeeds to all special declarant rights related to that property, held by the declarant, or those rights stated and reserved in the declaration, if requested in a recorded instrument.
GS 47F-3-104(d) provides for what occurs to special declarant rights after a foreclosure of a security interest, sale by trustee, tax sale, judicial sale, bankruptcy sale, or receivership proceedings of all interests in a planned community.
GS 47F-3-104(e) provides for the liabilities and obligations of a person who succeeds to special declarant rights.
GS 47F-3-104(f) provides that nothing in this section subjects any successor to a special declarant right to any claims against or other obligations of a transferor declarant other than claims and obligations arising under this Chapter or declaration.
GS 47F-3-104(g) clarifies that, for the purposes of this section, "assignment of declarant rights" includes any assignment by the declarant of special declarant rights to a person, including an assignment pursuant to this section.
|Intro. by Bryan, Stam.||GS 47F|
Replaces GS 47C-3-116 (procedures for liens for assessments by homeowners associations) with new GS 47C-3-116.1, and replaces GS 47F-3-116 (comparable provisions for liens for planned community associations) with new GS 47F-3-116.1. Most significant change in both statutes is inclusion of new subsections concerning foreclosure of lien in like manner as mortgage or deed of trust on real estate under power of sale. Specifies ways in which this procedure is to differ from that provided in Article 2A of GS Chapter 45. Provides for association to appoint trustee to conduct nonjudicial foreclosure proceeding and sale; notice to unit owner of intent to commence nonjudicial foreclosure; dismissal of the foreclosure procedure if debt plus costs, attorneys' fees, and trustee commission is satisfied before upset period expires; authorization for association to bid at foreclosure proceeding; and trustee compensation. Also modifies notice procedures for lien claim, allowing service by first class mail rather than service procedure under Rule 4(j) of the Rules of Civil Procedure. Enacts new GS 47C-3-116.2 and GS 47F-3-116.2, validating nonjudicial foreclosure proceedings commenced by associations before July 1, 2013, and all sales and transfers of property as part of those proceedings, unless action to set aside foreclosure is commenced by July 1, 2013, or within one year of sale, whichever is later. Validation provisions are not applicable to pending litigation. Effective July 1, 2013.
To be summarized 3/19/13.
The Daily Bulletin: 2013-03-18
Amends GS 47F-1-104 (Variation) and GS 47F-2-103 (Construction and validity of declaration and bylaws), establishing that, to the point not inconsistent with the chapter, the declaration, bylaws, and articles of incorporations of a planned community form the basis for its legal authority to act as provided and are enforceable according to their terms.
Amends GS 47F-2-117 (Amendment of Declaration), providing that amendments passed pursuant to the provisions of the section, or the procedures provided for in the declaration, are presumed valid and enforceable. Effective October 1, 2013, applying to any amendment of a planned community declaration recorded on or after that date.
|Intro. by Apodaca, Rabon.||GS 47F|
Appropriates $2.5 million from federal Temporary Assistance to Needy Families Block Grant funds received for the fiscal year ending June 30, 2014, to the Department of Health and Human Services (DHHS) to make grants for approved Boys and Girls Clubs. Requires DHHS to facilitate collaboration between the clubs and Support Our Students, Communities in Schools, and similar programs to submit joint funding applications. Effective July 1, 2013.
|Intro. by Apodaca, Harrington.||APPROP|
Amends GS 143, Article 21, Part 2A, Registration of Water Withdrawals and Transfers; Regulation of Surface Water Transfers, by creating a new subsection GS 143-215.22L(v), Modification of Certificate. This new subsection provides for the modification of previously issued interbasin water transfer certificates and petitions for the transfer of surface water.
The Department of Environment and Natural Resources (Department) and the Environmental Management Commission (Commission) can make the following modifications only after providing electronic notice to identified, interested parties: (1) typographical error corrections; (2) clarifications of existing conditions or language; and (3) updates to conservation, drought management, or compliance and monitoring plans. The Commission has the authority to make other modifications it deems are minor only after providing electronic notice to identified, interested parties.
Holders of interbasin water transfer certificates may request modifications by the Commission in line with the following procedures:
(1) Certificate holder (holder) must be in substantial compliance and the certificate must have been issued pursuant to GS 162A-7, 143-215.22I, or 143-215.22L. (2) Holder must file a notice of intent for a notification which includes nontechnical descriptions of holder's request and proposed water source. (3) Holder will prepare an environmental document, pursuant to GS 143-215.22L(d). (4) Upon satisfaction that submitted documentation is adequate, the Department will publish notice of the modification request in the NC Register as well as hold a public hearing at a location convenient to both the source and receiving river basins. The Department will provide notice of the hearing in the Environmental Bulletin, a newspaper of general circulation in the source river basin and in the receiving basin, and as provided in GS 143‑215.22L(c)(3). (5) Department will accept comments on the requested modification for at least 30 days following the hearing. (6) The Commission or Department can require the holder to provide additional information reasonably necessary to make a final determination. (7) The Commission will make a final determination on the requested modification based on the factors found in GS 143-215.22L(k) and by reviewing any other information the Commission deems relevant. The Commission will state in writing its findings of fact and conclusion. (8) The Commission will grant the requested modification if it finds the holder established by a preponderance of the evidence that the modification satisfies the requirements of GS 143-215.22L(m). However, the Commission can grant the modification in whole, in part, or deny the request, as well as impose limitations and conditions as it deems necessary and relevant. (9) The Commission will not grant a modification if it would result in the transfer of water to an additional major river basin.
Coastal area counties can also petition for a certificate to transfer surface water to supplement ground water supplies in the 15 counties designated as the Central Capacity Use Area or to transfer surface water withdrawn from the mainstem of a river to provide service to one of the coastal area counties. The procedures by which a determination on the petition will be made are identical to procedures 2-9, as outlined above for requests for modifications.
Also amends GS 143-215.22L(a)(1), instances where a certificate is required for transfer, adding the requirement that measurements of daily water transfers are calculated as a daily average. If the average exceeds 2 million gallons a certificate is required, and no transfer can exceed 5 million gallons in any one day, regardless of daily average, without requiring a certificate. Deletes GS 143-215.22L(a)(2), language stating that an increase of 25% or more above the average daily amount transferred during the year ending July 1, 1993, if the total transfer, including increase, is 2 million gallons or more per day.
Amends GS 143-215.22G(1) (Definitions), adding and defining public water system and mainstem.
Amends GS 143-215.22L(g), Petition, adding new language and deleting old language clarifying the description information that should be included in a transfer petition. The new language states petition should include a general description of the facilities being used including current and projected areas to be served by the transfer, current and projected capacities of intakes, and other relevant facilities (was, description including the location and capacity of water intakes, pumps, pipelines, and other facilities).
Makes clarifying and conforming changes in line with the newly defined terms above.
Amends SL 2011-298, making technical and conforming changes.
Amends SL 2011-298(4b), stating that section 1 of SL 2011-298 will expire if cumulative volume of water transfer from one river basin to another to supplement ground water in the Central Coast Plain Capacity Use Area, on or after August 31, 2007, exceeds 20.3 million gallons a day (was, expires if the transfer by any person that does not hold a certificate for an interbasin transfer on or before the effective date of this act exceeds 8 million gallons per day).
Amends SL 2007-518, deleting majority of Section 7 (concerning isolated river basins), leaving only language that states this act becomes effective when it becomes law and applies to any petition for a certificate of transfer of surface water from one river basin to another first made on or after that date.
|Intro. by Rabon.||GS 143|
Amends GS 14-269.3(b) to add new subdivision (5)to exempt persons with a valid concealed handgun permitfrom the prohibition against carryingweapons into assemblies and establishments where alcoholic beverages are sold and consumed. Allows persons with a valid concealed carry permit under GS Chapter 14, Article 54, to carry a handgun into an eating establishment as defined in GS 18B-1000(2) or a restaurant as defined in GS 18B-1000(6). Provides that proposed subdivision (5) does not permit a person to carry a concealed handgun on the premises of an establishment where the person with legal possession or control of the establishment has posted a conspicuous notice which prohibits the carrying of a concealed handgun on the premises as provided in GS 14-415.11(c). Effective January 1, 2014.
Amends GS 14-415.1 (The Felony Firearms Act), which prohibits convicted felons from possessing, owning, or purchasingfirearms or any weapon of mass death and destruction, to (1) prohibit convicted felons from owning, possessing, or purchasing any ammunition or any electric weapon or electric device intended to be used as a weaponand (2) makeit unlawful for a convicted felon to carry a concealed weapon, including a tear gas gun or similar device intended to be used as a weapon. Current law makes a violation of this section a Class G felony; as amended, unless the conduct constituting a violation is covered under some other provision of law providing greater punishment, the punishment is as follows: (1) a violation of this section is a Class G felony, (2) violating this section and discharging any weapon or device described in subsection (a) of GS 14-415.1 is a Class E felony, (3) a violation of this section resulting in serious injury to a person is a Class D felony, and (4) a violation resulting in serious bodily injury to a person is a Class C felony. Defines serious bodily injuryas that term is defined in GS 14-32.4(a), and provides a definitions for serious injuryto mean a lesser degree of physical harm than serious bodily injury. Effective December 1, 2013.
Current lawauthorizes a unit of local government to adoptanordinance that prohibits, via posting of notice,carrying a concealed handgun on county and municipal "recreational facilities" specifically identified by the unit of local government. AmendsGS 14-415.23 to clarify that recreational facilities include any appurtenant facilities to an athletic field ora swimming pool, and a facility used for athletic events including but not limited to a gymnasium. Also provides that recreational facility does not include greenways, designated walking orbiking paths, areas customarily used as awalking or biking path, open areas or fields where athletic events may take place unless the area is an athletic field as described in subdivision (1) of subsection (c) of this section, nor any other area that is not specifically described in subsection (c) of this section.
Except as otherwise indicated, effective when this act becomes law.
|Intro. by Newton, Soucek, Tarte.||GS 14|
As title indicates. Requires the Program Evaluation Division to report its findings to the Joint Legislative Program Evaluation Oversight Committee and the Environmental Review Commission by February 1, 2014.
|Intro. by Hartsell.||STUDY|
Amends GS 20-53 (Application for specially constructed, reconstructed, or foreign vehicle), to provide that a vehicle is deemed to have satisfied all inspection and verification requirements and title must be issued to the owner within 10 days if an inspection and verification is not conducted by the License and Theft Bureau within the Department of Motor Vehicles within 10 days after receiving a request and there is no probable cause to believe that the ownership documents or public vehicle identification number given do not match the vehicle. Also requires title to be issued to the owner within 10 days if the vehicle passes a timely performed inspection and verification.
|Intro. by Hartsell.||GS 20|
Provides that the Department of Administration (Department) will modify the existing property database to include a field to indicate that an item listed includes submerged land. This must be completed no later than April 15, 2014, and a report on the completion of such is due to the Joint Legislative Commission on Governmental Operations no later than the same date.
Provides that no structure can be placed on state-owned submerged lands after this act becomes law without an easement granted by the Department. Such easements will be recorded in the property database.
The Department will adopt rules specifying the process for obtaining utility easement on submerged lands. Rules will be adopted no later than April 15, 2014, and a report on the completion of such to the Joint Legislative Commission on Governmental Operations is due no later than the same date.
The Department will develop and implement procedures with the Department of Environment and Natural Resources (DENR) for implementing GS 146-8. The Department and DENR will implement these procedures no later than April 15, 2014, and report on the completion of such to the Joint Legislative Commission on Governmental Operations no later than the same date.
Amends GS Chapter 146 by adding a new section, GS 146-20.2 (Non-coastal submerged lands inventory), providing that DENR, the Division of Water Resources (Division), and the Department and Office of the Attorney General will inventory all state-owned submerged lands in non-coastal counties in order to determine the validity of the claims under this section. The provisions of this section do not apply to lands submerged under private ponds, irrigation ponds, or other waterways not owned by the State.
Provides that any person claiming any interest in a part of the bed lying under navigable waters of any non-coastal county, or any right of fishery in navigable waters, superior to the general public, must register the grant, charter, or other authorization with DENR or the Division. Such registration must be accompanied by a survey of the claimed area. Registering the claim does not imply the validity of the claim.
This Division will give notice of the claims process at least once per calendar year for three years, by way of publication in a newspaper of general circulation in all non-coastal counties of the state. Any rights not registered in accordance with this section by December 31, 2015, are null and void.
On or before September 1 of each year the Division will report to the Joint Legislative Commission on Governmental Operations on the number of claims registered, those resolved, the cost of resolving each claim, the number of unresolved claims, and projected completion date of the inventory process.
Appropriates $328,000 from the General Fund to the Division for fiscal year 2013-14 for the costs of this new section and three new personnel. Appropriates $550,000 for fiscal year 2014-15 from the General fund to the Division for the same costs and the addition of four new personnel. Effective July 1, 2013.
Amends GS 128-21 to add definitions for "career firefighter" and "career rescue squad worker."
Amends GS 128-24(5) concerning the Local Government Employees' Retirement Sytem, toincludecareer firefighters and career rescue squad workers in the deferred earlyretirement allowance and deferred service retirement allowance provisions of this section. Makes conforming changes to GS 128-27(a) regarding service retirement benefits.
Amends GS 128-27(b21) so thatits provisions apply to the service retirement allowance of a member retiring on or after July 1, 2003 but before July 1, 2013 (was, on or after July 1, 2003). Enacts new subsection, (b22) to GS 128-27 regarding the service retirement allowance of a member retiring on or after July 1, 2013. Proposed new subsection (b22) mirrors the same substantive content as subsection (b21) except that it applies to the service retirement allowance of members retiring on or after July 1, 2013 and its provisions are extended toapply to career firefighters, career rescue squad workers and law enforcement officers (subsection b21 applies to law enforcement officers). Also applies to eligible former law enforcement officers, career firefighters, and career rescue squad workers.
Effective July 1, 2013 and applies to persons retiring on or after that date.
|Intro. by Hartsell.||GS 128|
Requires the Department of Health and Human Services to study, by May 1, 2013, the concept of a unified public health system for the state and report on the feasibility of establishing such a system to the Joint Legislative Oversight Committee on Health and Human Services and the Program Evaluation Division. Requires that the report include at least six specified elements including evaluation the state's publicly financed health services compared to at least 12 other states, an evaluation of the publicly financed health service delivery structure in the state, and an evaluation of the governance structure of public health and mental health.
|Intro. by Hartsell.||STUDY|
Adds new subdivision (18b) to GS 115C-47 (powers and duties generally of local boards of education) requiring local school boards to adopt a policy to provide professional employees who do not have daily contact with students with (1) classroom experience in instructional delivery or (2) other contact with students during the instructional day. The policy may provide for up to one renewal credit every five years per employee for activities that may include substitute teaching, individual tutoring of students, teaching model lessons, assisting the classroom teacher, or providing other services in the classroom. Applies beginning with the 2013-14 school year.
|Intro. by Hartsell.||GS 115C|
Adds new Article 43, North Carolina Naturopathic Doctors Licensure Act, to GS Chapter 90. Prohibits a person from practicing on or after January 1, 2014, as a naturopathic physician without a state license issued pursuant to the bill, with specified exemptions. Defines naturopathic medicine generally as a system of natural health care that employs diagnosis and treatment using natural therapies and diagnostic techniques. Sets out the techniques that may and may not be used by naturopathic physicians. Makes violation of proposed GS 90-734 a Class 1 misdemeanor. Establishes the NC Naturopathic Physicians Licensing Board (Board), with seven members (three appointed by the Governor and two each upon recommendation of the Speaker of the House of Representative and the President Pro Tem. of the Senate, with each member having to come from specified groups) to be appointed by January 1, 2014. Prohibits members from serving more than two consecutive terms. Charges Board with administration of the licensing program. Sets out qualifications for licensure as a naturopathic physician, fees that may be charged by the Board, and the Board's disciplinary authority. Permits criminal record checks for licensees and persons seeking licenses. Creates an advisory council to assist the Board in administration of the licensing program.
Enacts new GS 105-116.2 to impose an annual franchise or privilege tax on the following companies if the company is not subject to the tax imposed by GS 105-116(a) because the company is not regulated by the NC Utilities Commission (Commission): (1) an electric power company furnishing electricity, electric lights, current, or power for either commercial or domestic use or consumption with gross taxable receipts equal to or exceeding $6 million and (2) a water company selling water delivered by or through main lines or pipes for either commercial or domestic use or consumption with gross taxable receipts equal to or exceeding $6 million. Sets the tax at 6% of taxable gross receipts, as specified. Makes the tax payable quarterly or monthly, as detailed, with a return due quarterly. Requires a return to include three listed items. Includes legislative findings. Effective for taxable years beginning on or after January 1, 2014.
|Intro. by Hartsell.||GS 105|
The Daily Bulletin: 2013-03-18
House committee substitute makes the following changes to the 1st edition. Allows enforcement of the ordinances, charter, or local act on the waters of Lake Norman extending 2,500 feet from the 760 foot elevation line on the shore within and adjacent to the municipal corporate limits. Prohibits enforcing a municipal ordinance under the act if the ordinance conflicts with the provisions of GS Chapters 75A or 113. Makes clarifying changes.
House committee substitute makes the following changes to the 1st edition.
Allows Buncombe County to use the design-build method of construction for the construction or renovations of buildings, facilities, and infrastructure owned by the city of Asheville (was, for any road, water, sewer, sidewalk, public facility, and any other public infrastructure). Requires that the county solicit three (was, two) teams to bid the project, receive at least three (was, two) sealed proposals, and interview at least three (was, two) teams.
Sets the act to expire on June 30, 2016.
|Intro. by Moffitt, Ramsey.||Buncombe|
House committee substitute to the 1st edition makes the following changes. Provides that the city regulations and powers of enforcement remain in effect until the earlier of (1) Buncombe County adopting the regulation or (2) a period of 120 (was, 60) days has elapsed following the effective date of the act.
Adds that Buncombe County has the authority to appoint one resident residing within one mile of the Asheville municipal limits to serve on the planning board and the board of adjustment of Asheville as if GS 160A-362 applied.
Clarifies that Asheville may not begin any annexation proceeding under Part 7 of Article 4A of GS Chapter 160A.
|Intro. by Moffitt, Ramsey.||Buncombe|
Amends GS 115C-84.2(d) (concerning school opening and closing dates) as it applies to the Rowan-Salisbury schools only, to allow the local board of education to determine the public school opening and closing dates. Applies beginning with the 2013-14 school year.
|Intro. by Warren.||Rowan|
Amends GS 153A-15, requiring the consent of Rutherford County before land in the county can be acquired or condemned by a county, city, town, special district, or other unit of local government that is located fully or primarily outside the bounds of Rutherford County.
The Daily Bulletin: 2013-03-18
Actions on Bills: 2013-03-18
H 311: REPEAL LITERACY TEST.
H 319: DOROTHEA DIX LEASE.
H 329: 2013 BUDGET ACT.
H 331: HOAS/UNIFORM LIEN PROCEDURE.
S 117: LILY'S LAW.
S 342: AMEND GUN LAWS.
S 344: VINTAGE AUTO INSPECTIONS.
Actions on Bills: 2013-03-18
H 191: GRIFTON/DEANNEXATION.
H 252: ASHEVILLE TRANSFERS.
H 270: RONDA RECALL.
H 318: WINSTON-SALEM/SEISMIC CODES.
S 128: CARRBORO OFFICE OF ALDERMAN.
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