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

Deletes the conforming changes to GS 62-2(a), which amended subdivisions (3a), (6), and (8) and deleted subdivisions (7), (9), and (10), all pertaining to the policy of North Carolina regarding the regulation of public utilities.Amends subdivision (10) to clarify that it is the policy of this state to promote renewable energy and energy efficiency (was, to promote the development of)through the implementation of a Renewable Energy and Energy Efficiency Portfolio Standard (REPS).

Amends GS 62-133.8 toreplace subsections (b) through (f), which set out the Renewable Energy and Energy Efficiency Portfolio Standards (REPS) and were deleted in the first edition. Alsoremoves deletions to subsections (g), and (h), except for (h)(6),(i), and (k) and reinserts subsection (j) which was fully deleted in the first edition.

Provides that incremental costs incurred by an electric power supplier before July 1, 2013, may be recovered as provided in GS 62-133.8(h) to comply with any requirement repealed by this act. Delineates what these costs include for purposes of cost recovery under this act. Provides that in order to recover costs under GS 62-113.8(h), any contract entered into after July 1, 2013, in order to comply with the requirements of GS 62-133.8, as amended by this act, must end by December 31, 2018. Provides that incremental costs incurred by an electric power supplier after July 1, 2013, to comply with GS 62-133.8, as amended by this act, must be recovered before December 31, 2019.

House committee substitute makes the following changes to the 1st edition. Amends GS 106-277.24 to delete provision that violators of the seed law have the ordinary right of appeal from judgments of the district and superior courts as provided by law. Also deletes language providing that the right of appeal to superior court provided by GS 106-277.19 is not available to a violator whose seed license is ordered suspended by the court. Deletes provision that the court may order the Commissioner of Agriculture (Commissioner)to suspend the violator's seed license as provided in GS 106-277.19 for up to three years.

Amends GS 106-277.19 to provide that the Commissioner is authorized to suspend any seed license for a period of no more than three years in accordance with GS Chapter 150B. Deletes provision requiring the opportunity for a hearing before the Commissioner before a license can be revoked or refused. Also deletes provision permitting any person who is refused a license or whose license is revoked by any order of the Commissioner to appeal to the Superior Court of Wake County or the superior court of the county of residence of that person within 30 days from the issuance of that order.

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

Removes language stating that site infrastructure land, a special class of property under section 2(2) of Article V of the NC Constitution, must be appraised, assessed, and taxed in accordance with GS 105-277.15A.

Makes a technical correction, removing the word "ownership" from GS 105-277.15A(b).

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

Requires the assets and outstanding debts of any public sewer system operated by the metropolitan sewerage district receiving assets pursuant to this bill to be transferred to that metropolitan sewerage district and to be operated as a Metropolitan Water and Sewerage District.

Provides that the governing body of any political subdivision is authorized and empowered to take specified actions in regards to water systems (1st edition did not mention water systems in this section).

Changes effective date to May 15, 2013 (was, effective when it became law).

 

Amends subsection (a) of GS 20-28 to provide that if (1) a person's driver's license is revoked for animpaired driving revocation as defined in GS 20-28.2(a) or under GS 20-16(a)(5) or(2) a person is charged with violating this subsection based on a violation of any restriction of GS 20-179.3 or any restriction relevant to the installation or use of an ignition interlock under GS 20-17.8, then upon conviction of violating this subsection, the person's driver's license is revoked for an additional one-year period for the first offense, an additional two years for the second offense, and permanently for a third or subsequent offense (was, revoked a person's driver's license based on the number of convictions under subsection (a) for driving with a revoked license). Prohibits a person who violates this subsection from receiving a prayer for judgment continued under any circumstances. Provides that for the purposes of subsection (c1) of GS 20-28, a violation of subsection (a), driving while license is revoked, that does not require an additional period of license revocation is not considered to be a moving violation. Makes conforming changes to subsection (c3) of GS 20-28.

Amends GS 20-28.1(a) to provide that for the purposes of this subsection, the following are not considered to be a "motor vehicle moving offense": (1) a violation of GS 20-28(a) that does not require an additional period of license revocation, (2) a violation ofGS 20-28(a1), and (3) a violation of GS 20-7 for driving a motor vehicle without a regular driver's license.

Amends GS 20-20.1(b), which providesthat a person is eligible to apply for a limited driving privilege under this section if specified conditions apply. Provides that a person is eligible to apply for a limited driving privilege if the underlying offense is not an offense that would result in an impaired driving license revocation as defined in GS 20-28.2(a),an offense involving a violation of any restriction of GS 20-179.3, or any restriction relating to the installation or use of an ignition interlock under GS 20-17.8.

Effective December 1, 2013, and applies to offenses committed on or after that date.

As title indicates.

Adds new Article 9, Protection Against Suspension of Rights, in GS Chapter 147.

States legislative findings.

Enacts GS 147-101 to require the North Carolina Attorney General to commence an action in a court of competent jurisdiction and seek a judicial determination as to whether the National Defense Authorization Act for Fiscal Year 2012, as written or applied, has the effect of suspending the right of habeas corpus and denying the right to an indictment and to a public jury trial in criminal case.

Effective upon a final judgment finding that the National Defense Authorization Act for Fiscal Year 2012 is unconstitutional and entered pursuant to GS 147-101, enacts new GS 14-277.6 making it unlawful for any person to do the following under color of authority granted by the National Defense Authorization Act for Fiscal Year 2012: (1) arrest or capture any person in North Carolina under the law of war, (2) subject any person in North Carolina to disposition under the law of war, or (3) use deadly force under the law of war against any person in North Carolina or intentionally subject any person in North Carolina to targeted killing. Provides that the act does not prohibit the application of the Uniform Code of Military Justice (UCMJ), including military detention and trial, in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger to discipline service members who may have violated the UCMJ and law of war. Any person who violates the statute is to be prosecuted under GS Chapter 14 for any applicable offense.

Identical to S 407 filed 3/25/13.

Enacts new GS 20-58.4A (Electronic lien system), as the title indicates. Requires the Division of Motor Vehicles (DMV) to implement a statewide electronic lien system no later than July 1, 2014. Directs the DMV to contract with a qualified vendor to implement this statewide electronic lien system.  Provides minimum standards for the DMV to consider in contracting with a vendor. Mandates participation in the electronic lien system by all individuals and lienholders normally engaged in the business or practice of financing motor vehicles beginning July 1, 2015. Provides that an electronic notice or release is to have the same force and effect as a paper document of notice or release as provided under GS 20-58 through GS 20-58.8. Directs the DMV to adopt rules to implement this section. Authorizes the DMV, the qualified vendor, and up to five lienholders to conduct a pilot program of the electronic lien system for up to a 90-day period prior to the statewide implementation of the system. Requires the DMV to report, no later than October 1, 2013, to the chairs of the Joint Legislative Transportation Oversight Committee on the status of the implementation of the electronic lien system.

Amends GS 20-118(c) as the title indicates. Provides that subsections (b), weight limitations,and (e), penalties,of GS 20-118(c) do not apply to a single axle truck owned, operated by, or under contract to a public utility, electric or telephone membership, or municipality. Requires that the truck must meet all of the following conditions in order to be exempt for subsections (b) and (e): (1) must be used in connection with the installation, restoration, or maintenance of utility services in a portion of the state where naturally occurring conditions prevent the safe navigation and operation of a truck with more than a single axle or using a trailer; (2) does not operate on an interstate highway; (3) does not exceed a single axle weight of more than 28,000 pounds; and (4) does not exceed a maximum gross weight in excess of 48,000 pounds.

Amends GS Chapter 160A by creating a new section GS 160A-383.5 (Zoning of temporary health care structures), providing terms and definitions that apply in this section, including activities of daily living, caregiver, first or second degree relative, mentally or physically impaired person, and temporary family health care structure.  Establishes that a city will consider a temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person at the caregiver's residence as a permitted accessory use in any single-family residential zoning district and also provides that a city will consider a temporary family health care structure, used by an individual who is the named legal guardian of the mentally or physically impaired person, a permitted  accessory use in any single-family residential zoning district if the structure is placed on the property of the residence of the individual and used to provide care.

Provides the procedures, requirements, and limitations for the permitting and approval of temporary family health care structures, including requiring the removal of a temporary family health care structure within 60 days  of ceasing to provide assistance.  Provides that temporary family health care structures will be treated as tangible personal property for all tax purposes.

Amends GS 153A-341.3 (Zoning of temporary health care structures), providing that a county exercising powers in regards to this section must comply with those of GS 160A-383.5.

Amends GS 130A-250, adding temporary family health care structures under GS 153A-341.1 or GS 160A-383.5 to the exemptions section of GS Chaper 130A, Article 8, Part 6, Regulation of Food and Lodging Facilities.

Amends GS 131D-2.1(10), providing that temporary family health care structures, as defined in GS 160A-383.5, are exempt from the regulatory requirements of multiunit assisted housing with services programs.

Amends GS 160A-442(2), providing that temporary family health care structures, as defined in GS 160A-383.5, will be considered dwellings for the purposes of this Part of GS 160A and that any ordinance requiring minimum square footage will not apply to such structures.

Includes a severability clause.

Effective July 1, 2013, applying to temporary family health care structures existing on or after that date. Also, no county or city may impose a fee as authorized by Section 1 of this act on any temporary family health care structure existing on that date.

 

 

 

 

As title indicates.

Amends GS 159C-3(15a), the definitions section of  the Industrial and Pollution Control Facilities Financing Act, providing that the definition of a special purpose project also includes land, equipment, and facilities for the disposal, treatment, or recycling of solid, forestry, agricultural, or other waste including any residual material which is the byproduct or excess raw material remaining after the completion of any commercial, consumer, governmental, agricultural, or industrial production process. This also includes facilities for the handling and transport of products resulting from treatment and recycling.

As title indicates.

To be summarized.

Identical to S 687, filed 4/2/13.

Amends GS 122C-261(d), altering the format of the subsection to be further divided into subsections 1-7.

Amends GS 122C-261(d) to include subsection (5) allowing the clerk or magistrate to issue custody orders by facsimile transmission in specific situations to affiants meeting certain criteria. Upon receipt of custody orders, the physician or eligible psychologist must immediately (i) notify the respondent that the respondent is not under arrest and has not committed a crime but is being taken into custody to receive treatment and for the respondent's own safety and the safety of others, (ii) take the respondent into custody, and (iii) complete and sign the appropriate portion of the custody order and return the order to the clerk or magistrate by facsimile transmission. The original order must be mailed back to the clerk or magistrate no later than 5 days after transmitting it by facsimile. The term "designee" as used in subsection (5) includes the 24-hour facility's on-site police security personnel.

Amends GS 122C-261(e) to include an exception provided in subsection (d).

Effective October 1, 2013.

 

RewritesGS 90-95(d) to amend the penalties imposed for the possession of certain quantities of marijuana and related substances. Enacts new GS 15A-145.6 to permit a person convicted of a Class 3 misdemeanor under GS 90-95(d)(4) for possession of marijuana prior to December 1, 2013, to file a petition to have the offense expunged from the person's criminal record. Requires that the person seeking the expunction has not previously been convicted of any felony or misdemeanor other than a traffic violation under federal or state law. Prohibits the filing of the petition earlier than (1) two years after the date of the conviction or (2) the completion of any period of probation, whichever occurs later. Prescribes the required content of the petition. Specifies additional guidelines governing the submission of the petition and application of law to the expunction of a criminal record under this section.

Effective December 1, 2013.

Amends GS 58-36-105(b) to provide that whenever it is required to provided notice of the intention to cancel workers' compensation insurance via registered or certified mail, no cancellation by the insurers is effective until notice by registered or certified mail is employed (was, employed and completed).

Amends GS 90-96(a) as the title indicates. Effective December 1, 2013, and applies to offenses committed on or after that date.

Enacts new GS 153A-99.2, protection from retaliation for county law enforcement officers, and new GS 160A-290, protection from retaliation for municipal law enforcement officers, as the title indicates.

Prohibits an employing agency from discharging, threatening, or otherwise discriminating against a law enforcement officer regarding the officer's compensation, terms, conditions, location, or privileges of employment because the officer or a person acting on behalf of the officer reports or is about to report verbally or in writing any described activity unless the officer knows or has reason to believe that the report is inaccurate. Prohibits a law enforcement officer from retaliating against another law enforcement officer because the officer or a person acting on behalf of the officer reports or is about to report verbally or in writing any described activity. Prohibits an employing agency from discharging, threatening, or otherwise discriminating against a county law enforcement officer regarding the officer's compensation, terms, conditions, location, or privileges of employment because the officer has refused to carry out a directive which in fact constitutes a violation of State or federal law, rule, or regulation or poses a substantial and specific danger to the public health and safety. Prohibits a law enforcement officer shall retaliate against another law enforcement officer because the officer has refused to carry out a directive which may constitute a violation of State or federal law, rule, or regulation or pose a substantial and specific danger to the public health and safety.

Each section respectively provides a statement of policy, permits civil actions for injunctive relief or other remedies, allows a court to order remedies in rendering a judgment in an action under this section, and requires the employing agency to providenotice of protections and obligations for employees under this section.

Effective October 1, 2013, and applies to acts incurring liability on or after that date.

Identical to S 547 filed 3/28/13.

Amends the definitions in GS 143-64.17 to define qualified reviewer as an architect or engineer who is (1) licensed in the state and (2) experienced in the design, implementation, and installation of energy efficiency measures. Also amends the definition of qualified provider to mean a person or business experienced in the design, implementation, and installation of energy conservation measures who has been prequalified by the State Energy Office (SEO) according to the office's prequalification criteria.

Amends GS 143-64.17A (Solicitation of guaranteed energy savings contracts) to provide that in the case of a governmental unit wishing to enter into additional performance contracts with the same qualified provider within five years of signing a performance contract, the unit may enter directly into a guaranteed energy savings contract with the same provider. Requires the SEO to review the agreement before it is executed. Adds that if after publication of the notice of request for proposals fewer than two qualified providers attend the mandatory pre-bid meeting, the unit must publish notice of the request again as specified. Requires that a qualified reviewer evaluate proposals and provide the governmental unit with a letter report containing qualitative and quantitative evaluation of the proposal, but not make a recommendation for selection. Removes the requirement that the proposal include specified cost estimates. Makes conforming changes. Amends the criteria for selecting a provider. Establishes the process that the governmental unit is to use in selecting a provider.

Amends GS 143-64.17B (Guaranteed energy savings contracts), to require a qualified provider entering into a guaranteed energy savings contract to provide security in the amount equal to 100% of the annual guaranteed savings for the term of the contract (was, 100% of the total cost). Requires that any guaranteed energy and operational savings be determined by using one of the measurement and verification methods specified. If the specified methods are not sufficient, the qualified provider must develop an alternative method.

Amends GS 143-64.17L to provide that on or after July 1, 2013, no constituent institution may implement an energy conservation measure without entering into a guaranteed energy savings contract under the statute. However, NC State University may continue to fulfill the terms of any financing agreement related to an energy conservation measure implemented on or before June 30, 2013.

Amends GS 126-16 to require all state departments, agencies, and local governments to give equal opportunity for employment and compensation without regard to race, religion, color, creed, national origin, sex, age, sexual orientation, gender identity or expression, or handicapping condition to all persons otherwise qualified, except as defined. Also adds sexual orientation and gender identity or expressionto GS 126-34.1, which lists grounds, including discrimination, for state employeesand former state employees to file contested cases in the Office of Administrative Hearings and to GS 126-36, which details an employee's right to appeal an unlawful employment practice.

Enacts new GS 115C-335.10 to providea school personnel nondiscrimination policy. Directs each local board of education to adopt a personnel policy that prohibits discrimination on the basis of race, religion, color, national origin, age, sex, sexual orientation, gender identity or expression, or disability. Defines school personnel to mean any (1) full or part-time employee of a local board of education or (2) an independent contractor or an employee of an independent contractor of a local board of education, including substitute teachers, bus drivers, clerical staff, custodians, and driver training teachers.

Specifies that the act does not require preferential treatment or special rights be provided based on sexual orientation or gender identity or expression.

To be summarized at a later date.

Enacts new GS 58-3-295, to provide as the title indicates. Specifies the content of a statment to be included in the notice. Effective when the act becomes law and repealed effective January 1, 2015.

Enacts new GS 163-278.12D, applicable to any corporation incorporated in this state that spends in the aggregate $10,000 or more of corporate treasury funds on independent expenditures or electioneering communications.

Requires a separate resolution subejct to a shareholder vote to approve any spending of $10,000 or more in the aggregate by the corporation for any independent expenditures or electioneering communications, for any proxy or consent or authorization for an annual meeting of the shareholders of a corporation incorporated in this state where proxies are solicited in respect of any security occurring on or after six months following the date on which final regulations are published under subsection (d) of this section.

Allows a corporation to request authorization for spending on independent expenditures or electioneering communications on a more frequent basis.

Provides in (d) that if a corporation spends less than an aggregate $10,000 in a 12-month period for independent expenditures or electioneering communications, then it does not have to seek shareholder authorization for the spending.

Specifies that (1) the authorization vote must garner support from a majority of shareholders and (2) a vote by the shareholders to approve or disapprove any spending of $10,000 or more by a corporation for any independent expenditures or electioneering communications shall be binding on the  corporation.

Provides that if a corporation makes an unauthorized independent expenditure, electioneering communication, or donation to a third party for such, then the directors at the time that the unauthorized contribution or donation was incurred are jointly and severally liable to repay to the corporation the amount of the unauthorized expenditure, with interest at the rate of 8% per year.

Applies to elections held on or after January 1, 2014.

Amends GS 75-101 to provide as the title indicates. Effective January 1, 2014.

Requires the Joint Legislative Oversight Committee on Justice and Public Safety to conduct a study as the title indicates. Specifies five issues to be addressed by the study. Requires a report to the 2013 General Assembly when it reconvenes in 2014.

Enacts new GS 160A-88 to require all members of governing boards of cities, counties, local boards of education, unified governments, sanitary districts, and consolidated city-counties to complete a statement of economic interest as if that member were a public servant as defined in GS 138A-3. Prohibits those members from mentioning or allowing another person to mention the member's public position in nongovernmental advertising that advances the private interest of the member or others. Prohibits those members from using or allowing the use of public funds for any advertisement or public service announcement in a newspaper, on radio, television, magazines, or billboards that contain that member's name, picture, or voice, except in the case of local, state, or national emergency and only if the announcement is reasonably necessary to the member's official function; does not apply to fund-raising on behalf of and aired on public radio or public television. Also prohibits those members from using or disclosing nonpublic information gained in the course of the member's official responsibilities in a way that would affect a personal financial interest of the member or any other person.

Makes conforming changes to GS 153A-53.

Effective July 1, 2013. Requires the first statement of interest required by GS 160A-88 to be filed with the clerk to the board on or before October 1, 2013.

To be summarized at a later date.

Identical to S 649 filed on 4/2/13.

Amends GS Chapter 106 by adding a new Article 57B, Civil Liability for Certified Commodity Producers and Commodity Purchasers. Creates GS 106-706.1 (Definitions), providing the terms and definitions for use in this Article, including certified and commodity producer. Creates GS 106-706.2 (Limitation on liability; rebuttable presumption), providing that a commodity producer, certified as defined in this Article, will be entitled to a rebuttable presumption that the commodity producer was not negligent when death or injury is proximately caused by consumption of the producer's commodity. Creates GS 106-706.3 (Limitation on liability), providing that the liability of a certified, adequately insured producer of commodities for death or injury that is proximately caused by consumption of the commodity will not exceed $500,000.

Effective July 1, 2013, and applies to claims arising on or after that date.

Amends GS 20-183.4C (When a vehicle must be inspected; 10-day trip permit), providing that used vehicles sold on salvage title can be sold without inspection by a dealer if no repairs have been made to the vehicle after the salvage title was issued.

 

As title indicates.

To be summarized at a later date.

As title indicates. Requires that the elections to participate be made no later than 30 days after the act's effective date and requires that they be made in accordance with GS 135-5.3 (Optional participation in the retirement system for charter schools operated by private nonprofit corporations) and GS 135-48.54 (Optional participation in the state health plan for charter schools operated by private nonprofit corporations).

To be summarized at a later date.

To be summarized at a later date.

To be summarized at a later date.

To be summarized at a later date.

Identical to S 522 filed 3/28/13.

Adds new Article 3L, NC New Markets Job Growth Investment Initiative, to GS Chapter 105 to provide a tax credit of amounts ranging from 0 to 12% for qualified equity investments. Defines quality equity investment as an equity investment in, or long-term debt security issued by, a qualified community development entity that (1) is acquired after the act's effective date at its original issuance for cash; (2) has at least 85% of its purchase price used to make qualified low-income community investments in qualified state low-income community businesses, as specified; and (3) is designated as a qualified equity investment and certified by the Department of Commerce (Department). Defines qualified active low-income community business, qualified community development entity, and additional terms. Provides details on the tax credit and directs the Department to certify $500 million qualified equity investment. Sets out the procedure for a qualified community development entity to apply to the Department for an equity investment or long-term debt security to be designated as a qualified equity investment. Allows recapture of the credit under certain circumstances. Requires that applicants pay a refundable performance fee. Requires the Secretary to issue binding letter rulings in response to applicants requesting an interpretation of the law to a specific set of facts. Provides that an entity claiming a credit for qualified equity investment is not required to pay any additional retaliatory tax as a result of claiming the credit. Prohibits a certified qualified equity investment from being decertified unless the statute's requirements have not been met. Sets out conditions for decertification. Provides that no qualified community development entity is entitled to pay any affiliate of such entity any fees in connection with any activity under this Article prior to decertification of all qualified equity investment issued to the entity. Does not prohibit a qualified community development entity from allocating or distributing income earned by it to the affiliates or paying reasonable interest on amounts lent to the entity by such affiliates.

Effective for taxable years beginning on or after January 1, 2013, and applies to qualified equity investments made on or after November 1, 2013.