The Daily Bulletin: 2013-04-23

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The Daily Bulletin: 2013-04-23

PUBLIC/HOUSE BILLS
H 150 (2013-2014) ZONING/DESIGN & AESTHETIC CONTROLS. Filed Feb 26 2013, A BILL TO BE ENTITLED AN ACT TO CLARIFY WHEN A COUNTY OR MUNICIPALITY MAY ENACT ZONING ORDINANCES RELATED TO DESIGN AND AESTHETIC CONTROLS.

Senate committee substitute makes the following changes to the 3rd edition.

Makes a technical change.

Amends GS 160A-381(g) to allow enforcement of zoning and development regulation ordinances relating to building design elements when the structures are located in an area designated as an historic district on the National Register of Historic Places (was, structures listed in the National Register of Historic Places).

Amends GS 160A-381(g) and GS 153A-340(k), providing that the phrase building design elements does not include regulations adopted pursuant to this Article governing the permitted uses of land or structures subject to North Carolina Residential Code for One- and Two-Family Dwellings. Makes conforming changes, deleting GS 160A-381(g)(7) and GS 153A-340(k)(7), an exception allowing the enforcement of regulations and zoning ordinances related to design and aesthetic controls.

Amends the enacting clause, providing that it is effective when it becomes law and that it clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date (previously, once effective it applied to development approvals granted on or after that date).

Intro. by Dollar, W. Brawley, Moffitt, Jordan.GS 153A, GS 160A
H 433 (2013-2014) LAND USE SURROUNDING MILITARY INSTALLATIONS. Filed Mar 26 2013, A BILL TO BE ENTITLED AN ACT TO SUPPORT THE ACTIVITIES OF THE ARMED FORCES AND TO MAINTAIN AND ENHANCE THE MILITARY'S PRESENCE IN NORTH CAROLINA BY REGULATING THE HEIGHT OF BUILDINGS AND STRUCTURES LOCATED IN AREAS THAT SURROUND MILITARY INSTALLATIONS IN THE STATE.

Senate committee substitute makes the following changes to the third edition.

Amends GS 143-151.71, Definitions, deleting the term construction and adding a definition of secretary.

Amends GS 143-151.75, Endorsement for construction of tall buildings or structures required, providing that a person seeking endorsement for the construction of a tall building or structure in any area surrounding a major military installation must provide written notice of the intent to seek endorsement to the commanders of the installation that is located within five miles of the proposed construction.

Amends GS 143-151.77, changing title to Injunctive relief (was, Enforcement and penalties), eliminating the provisions that provided for civil penalties. Provides for injunctive relief when reasonable cause exists to believe that a person has violated this Article or associated rules. Requires the Secretary to request the Attorney General to institute the action in the superior court of the county in which the violation occurred. Upon a determination by the court that the violation has occurred or is threatened, the court will grant such relief necessary to prevent or abate the violation or threatened violation.

Makes clarifying and technical changes, including replacing the term "major Department of Defense military installation" with "major military installation," throughout.

Intro. by J. Bell, Stam, McElraft, Whitmire.GS 143
H 589 (2013-2014) VIVA/ELECTION REFORM (NEW). Filed Apr 4 2013, A BILL TO BE ENTITLED AN ACT TO RESTORE CONFIDENCE IN GOVERNMENT BY ESTABLISHING THE VOTER INFORMATION VERIFICATION ACT TO PROMOTE THE ELECTORAL PROCESS THROUGH EDUCATION AND INCREASED REGISTRATION OF VOTERS AND BY REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION BEFORE VOTING TO PROTECT THE RIGHT OF EACH REGISTERED VOTER TO CAST A SECURE VOTE WITH REASONABLE SECURITY MEASURES THAT CONFIRM VOTER IDENTITY AS ACCURATELY AS POSSIBLE WITHOUT RESTRICTION, AND TO FURTHER REFORM THE ELECTION LAWS.

House committee substitute to the 3rd edition make the following changes.

Amends GS 163-166.13 to specify that the requirements apply to every qualified voter (was, every individual) voting in person. Adds to the definition of photo identification a tribal enrollment card issued by a federally recognized tribe that bears either a date of expiration or a date of issuance and that is not more than 10 years beyond the date of expiration or issuance, whichever is later.

Amends GS 163-166.9 to delete the provision allowing a qualified voter to comply with the identification requirement in GS 163-166.13(a) by completing a declaration stating the indentity of the qualified voter that contains five specified items.

Intro. by Warren, Murry, T. Moore, Samuelson. GS 20, GS 130A, GS 161, GS 163
H 641 (2013-2014) AMEND CONDITIONAL DISCHARGE/1ST DRUG OFFENSE. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A COURT HAS THE DISCRETION TO DETERMINE WHETHER TO GRANT A CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF CERTAIN DRUG OFFENSES.

House amendment to the 1st edition makes the following changes. Reinstates language in GS 90-96(a) requiring the court to defer further proceedings and place an individual on probation when the person has not been previously convicted of specified offenses. Makes an exception for when the court makes a written finding, and the District Attorney agrees, that the offender is inappropriate for deferred prosecution for factors related to the offense.

Intro. by Davis, Daughtry. GS 90
H 701 (2013-2014) IT PURCHASING/CONVENIENCE CONTRACTS. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT PROVIDING THAT AGENCIES MAY PURCHASE INFORMATION TECHNOLOGY GOODS AND SERVICES THROUGH MULTIPARTY COOPERATIVE PURCHASING AGREEMENTS APPROVED BY THE STATE CHIEF INFORMATION OFFICER.

House amendment makes the following changes to the 2nd edition.

Makes organizational changes, recodifying subdivision (1) of GS 147-33.81 as subdivision (1a) of that section, and renumbering new subdivision (7) as subdivision (1) in that section.

Intro. by Saine, Tolson. GS 147

The Daily Bulletin: 2013-04-23

PUBLIC/SENATE BILLS
S 144 (2013-2014) NONPROFIT GRANTS/INCREASE ACCOUNTABILITY. Filed Feb 27 2013, A BILL TO BE ENTITLED AN ACT TO IMPROVE THE OVERSIGHT OF STATE GRANTS TO NON-STATE ENTITIES AND TO INCREASE THE ACCOUNTABILITY OF GRANTEES WHO RECEIVE STATE GRANTS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Senatecommittee substitute makes the following changes to the3rd edition.

Makes technical and conforming changes to Section 1, GS 143C-6-23. Adds language to the definitions of "grantee" and "subgrantee," elaborating and establishing conditions that, upon meeting one of the conditions, qualifies an entity to be considered as such.

Amends GS 143C-6-23(d)(5a) and (5b), making clarifying and technical changes. Creates new GS 143C-23(d)(5c), requiring an administering State agency and the Office of Budget and Management (OSBM) to provide an accounting of withheld funds that is separate from other funds used for oversight and monitoring, and that the accounting be made available to a grantee or subgrantee upon request.

Amends subdivision (6) of GS 143C-6-23(d) to delete provisions that the mandatory periodic reporting requirements require grantees and subgrantees to filecopies of reports and statements filed with state agencies underwith theState Auditor,except for the information described in subsections (b) and (c) of this section.

Makes technical and clarifying changes to GS 143C-6-23(d)(6a) and (9a).

Amends GS 143C-6-23(f), providing the OSBM authority to take actions for noncompliance. Requiresconsultation with a granting agency of the US and the State Agency if the funds are pass-through funds from a US agency, before taking actions for noncompliance. Authorizes actions for noncompliance, including suspension of grant funds, after certain conditions are met.

Deletes GS 143C-6-23(f1), where the withholding of 2% for grant oversight costs was authorized, with the appropriate approval, and .5% withholding was authorized, for grant oversight costs,without any approval required.

Amends GS 143C-6-23(h), deleting the requirement to report noncompliance to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division, in lieu of maintaining a publicly available list of all grantees or subgrantees that are in noncompliance.

Amends GS 143C-6-23(i), to require that state agencies submit a list of every grantee to whom the state agency disbursed grant funds to the Office of State Budget and Management (OSBM) in the format prescribed by the OSBM (was, to the State Auditor in a format prescribed by the Auditor).

Amends GS Chapter 143C, enacting a new GS 143C-6-24 (Reserving of Grant Program Funds for Oversight), creating a mandatory requirement that state agencies that are overseeing grant programs must reserve 2% of the amount awarded to cover oversight costs. Requires 25% of that amount to be transferred to OSBMto cover costs of overseeing grants to non-state entities. If the amountreserved appears to be in excess of the amount required for oversight, theamount of thereserve can be reduced. Reductions can be approved by request from an administering state agency or without request and upon determination by the OSBM. Permits a grantee to recommend a reduction of the reserve amount to the administering state agency and to the OSBM; however, prohibits using an adverse determination by the OSBM as grounds for an appealby the grantee under GS Chapter 150B.

Reserveamounts will be reviewed annually by the OSBM, with adjustments tothe reserve amount possible at any time. Prohibits reserving funds under this section if a grant program is a pass-through of funds from the federal government and the terms prohibitthe reserving of fundsdescribed by this section.Makes technical and clarifying changes to GS 143C-6-23(d), requiring grantees to submit afinancial position report in a form specified by OSBM within 90 days of the end of the state fiscal year. Changes the effectivedate, with Sections 2 (enacting GS 143C-6-24)and 3 (amending GS 143C-6-23(d)) becoming effective July 1, 2014, and applying to grants awarded on or after that date. The remainder is effective July 1, 2013.

Intro. by Hartsell.GS 143C
S 240 (2013-2014) DEVELOP RULES FOR RELEASE OF PATH MATERIALS. Filed Mar 7 2013, A BILL TO BE ENTITLED AN ACT DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE NORTH CAROLINA MEDICAL BOARD TO DEVELOP RULES GOVERNING REQUESTS FOR AND RELEASE OF PATHOLOGICAL MATERIALS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION ON PATHOLOGICAL MATERIALS.

House amendment makes the following changes to the 2nd edition.

Makes technical changes, replacing the word enact with adopt throughout the act.

Intro. by Goolsby.UNCODIFIED
S 399 (2013-2014) CRIMINAL DEFENDANT MAY WAIVE JURY TRIAL. Filed Mar 21 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT A PERSON ACCUSED OF ANY CRIMINAL OFFENSE IN SUPERIOR COURT FOR WHICH THE STATE IS NOT SEEKING A SENTENCE OF DEATH MAY WAIVE THE RIGHT TO TRIAL BY JURY AND INSTEAD BE TRIED BY A JUDGE.

Senate committee substitute to the 1st edition makes the following changes. Amends proposed language in Section 24 of Article I of the NC Constitution to provide that the waiver of jury trial is subject to procedures (was, regulations) prescribed by the General Assembly.

Intro. by Brunstetter.CONST, GS 15A
S 509 (2013-2014) NC AGRICULTURE AND FORESTRY ACT. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT AGRICULTURAL AND FORESTRY OPERATIONS ARE NOT NUISANCES UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE FOR THE AWARD OF COSTS AND ATTORNEYS; FEES TO A PREVAILING DEFENDANT.

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

Amends GS 106-701 tomake a clarifying changelisting the conditions under which an operation would not be a nuisance, public or private. Adds provision to those conditions that there must be nofundamental changes to the operation. Makes additional changes to GS 106-701 to provide that an agricultural or forestry operation does not become a nuisance if there has not been a fundamental change in the operation. Identifies the following changes to the operation that would not be fundamental changes: (1) a change in ownership or size, (2) nonpermanent cessation or interruption of farming, (3) participation in any government-sponsored agricultural program, (4) employment of new technology, and (5) a change in the type of agricultural product produced. Makes organizational changes to the provisions of GS 106-701. Deletes proposed language concerning methods or practices commonly or reasonably associated with agriculture or forestry production. Amends the bill title.

Intro. by Jackson, Barefoot, Brock. GS 106
S 539 (2013-2014) JURY LIST/DATE OF BIRTH INFORMATION. Filed Mar 28 2013, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE A COUNTY JURY COMMISSION TO OBTAIN DATE OF BIRTH INFORMATION FROM BOARDS OF ELECTIONS WHEN PREPARING THE MASTER JURY LIST AND TO ENSURE THE CONFIDENTIALITY OF THE DATES OF BIRTH OF PROSPECTIVE JURORS.

Senate amendment makes the following change to the 2nd edition.

Replaces GS 163-82.10B(5), an exemption to the confidentiality of dates of birth, providing that boards of elections will keep the birth dates of every voter-registration applicant and registered voter confidential except when requested by a county jury commission established pursuant to GS 9-1 for purposes of preparing the master jury list in that county, pursuant to GS 9-2 (previous edition exempted confidentiality when the Administrative Office of the Courts was preparing the master jury list in judicial districts).

Intro. by Clodfelter, Tarte. GS 9, GS 163

The Daily Bulletin: 2013-04-23

LOCAL/HOUSE BILLS
H 222 (SL 2013-31) (2013-2014) BUNCOMBE COUNTY/USE DESIGN-BUILD METHODS. Filed Mar 5 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW BUNCOMBE COUNTY TO USE THE DESIGN-BUILD METHOD OF CONSTRUCTION.

A BILL TO BE ENTITLED AN ACT TO ALLOW BUNCOMBE COUNTY TO USE THE DESIGN-BUILD METHOD OF CONSTRUCTION. Enacted April 23, 2013. Effective April 23, 2013, and expires June 30, 2016.

Intro. by Moffitt, Ramsey.Buncombe
H 555 (2013-2014) DESIGN-BUILD/BUNCOMBE. Filed Apr 3 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW BUNCOMBE COUNTY TO USE THE DESIGN-BUILD METHOD OF CONSTRUCTION.

Senate committee substitute to the 1st edition makes the following changes. Requires that Buncombe County award the contract to the best qualified team, taking into consideration all facets of the project (was, considering time of the completion of the project and the project cost), including compliance with GS 143-128.2.

Intro. by Ramsey, Moffitt.Buncombe

The Daily Bulletin: 2013-04-23

ACTIONS ON BILLS

Actions on Bills: 2013-04-23

PUBLIC BILLS

H 150: ZONING/DESIGN & AESTHETIC CONTROLS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 210: HONOR DOC WATSON.

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 220: DESIGNATE NC FRAGILE X AWARENESS DAY.

    House: Withdrawn From Com
    House: Placed On Cal For 04/29/2013

H 238: MAINTAINING WATER & SEWER FISCAL HEALTH.

    House: Passed 3rd Reading

H 242: VOLUNTEER FIRE DEPT. SALES TAX REFUND CHANGE.

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

H 278: HOAS/VOLUNTARY PRELITIGATION MEDIATION.

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

H 303: HONOR MARINE CORPS & VMFA-312.

    House: Reptd Fav For Adoption
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/24/2013

H 315: PLASTICS LABELING REQUIREMENTS.

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

H 332: NOTARY ACT/SATISFACTION OF SECURITY INTERESTS.

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

H 357: RETIREMENT GOVERNANCE CHANGES ACT OF 2013.-AB

    House: Serial Referral To Finance Stricken

H 358: RETIREMENT TECHNICAL CORRECTIONS.-AB

    House: Serial Referral To Finance Stricken

H 359: RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2013.

    House: Serial Referral To Finance Stricken

H 388: ASSIGNED COUNSEL/AMEND AND CLARIFY.-AB

    Senate: Reptd Fav

H 433: LAND USE SURROUNDING MILITARY INSTALLATIONS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Judiciary I

H 474: REDEPOSIT GOVT. FUNDS INTO INS. DEPOSIT ACCT.

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

H 511: NONCOVERED VISION SERVICES.

    House: Withdrawn From Com
    House: Re-ref Com On Insurance

H 548: MARINE FISHERIES RULEBOOK PRODUCTION.

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

H 589: VIVA/ELECTION REFORM (NEW).

    House: Reptd Fav Com Sub 3
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/24/2013

H 597: BAIL BONDSMAN/OFFICIAL SHIELD (NEW).

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

H 636: CREEK NAME CHANGE.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On State and Local Government

H 641: AMEND CONDITIONAL DISCHARGE/1ST DRUG OFFENSE.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 646: AIRPORTS EXEMPT FROM LOCAL TREE ORDINANCES.

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

H 652: MODIFY JUDICIAL DISCIPLINE (NEW).

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

H 660: AMEND FUNERAL PROCESSION LAW.

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

H 668: HONOR TOWN OF DALLAS ON 150TH ANNIVERSARY.

    House: Adopted

H 690: HONOR TERRY SANFORD HS.

    House: Adopted

H 701: IT PURCHASING/CONVENIENCE CONTRACTS.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 706: PRESERVE LANDFILL SPACE.

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

H 707: ENSURE SAFE NAVIGATION CHANNELS.

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

S 25: HUNTING & FISHING/ACTIVE DUTY MILITARY.

    Senate: Reptd Fav
    Senate: Re-ref Com On Finance

S 105: ADD TOWNS TO SHP.

    House: Rec From Senate
    House: Rec From Senate
    House: Rec From Senate

S 144: NONPROFIT GRANTS/INCREASE ACCOUNTABILITY.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 180: AUTO INSURANCE/ALLOW OPTIONAL ENHANCEMENTS.

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

S 181: AUTO INSURANCE/YOUNG DRIVER CLASSIFICATION.

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

S 240: DEVELOP RULES FOR RELEASE OF PATH MATERIALS.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 287: NOTICE PUBLICATION--CERTAIN LOCAL GOVS. (NEW).

    Senate: Passed 3rd Reading
    Engrossed

S 344: VINTAGE AUTO INSPECTIONS.

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

S 369: NAME CHANGE REQUIREMENTS FOR MINORS.

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

S 377: SUSPEND TRUCK INSPECTION/SEVERE WEATHER.

    House: Rec From Senate

S 399: CRIMINAL DEFENDANT MAY WAIVE JURY TRIAL.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 430: CLARIFY ELECTRIC LOAD CONTROL PROCESS.

    House: Passed 1st Reading
    House: Ref To Com On Public Utilities and Energy

S 455: INCREASED PENALTY/SEED LAW VIOLATIONS.-AB

    Senate: Reptd Fav

S 456: DESIGNATE PRIMARY STROKE CENTERS.

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

S 461: CDL CHANGES.

    House: Rec From Senate

S 509: NC AGRICULTURE AND FORESTRY ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Judiciary I

S 539: JURY LIST/DATE OF BIRTH INFORMATION.

    Senate: Amend Adopted A1
    Senate: Passed 3rd Reading
    Engrossed

S 545: MASTER METERS/LANDLORD-TENANT AGREEMENT.

    Senate: Reptd Fav

S 594: OMNIBUS JUSTICE AMENDMENTS.

    House: Rec From Senate
    House: Rec From Senate

S 612: REGULATORY REFORM ACT OF 2013.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Commerce

Actions on Bills: 2013-04-23

LOCAL BILLS

H 222: BUNCOMBE COUNTY/USE DESIGN-BUILD METHODS.

    Ratified
    Ch. SL 2013-31

H 408: BEAUFORT/RIGHT-OF-WAY SAFETY.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On State and Local Government

H 409: SHELBY DEANNEXATION.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On State and Local Government

H 427: MIDDLESEX/EXTEND MAYOR'S TERM TO FOUR YEARS.

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

H 441: ROBESON COUNTY DRAINAGE DISTRICT.

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

H 538: APEX LAND USE CHANGES.

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

H 555: DESIGN-BUILD/BUNCOMBE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 56: WALLACE/SATELLITE ANNEXATIONS.

    House: Passed 3rd Reading
    House: Ordered Enrolled

S 92: 43RD SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Transportation

S 311: APEX/CARY/RALEIGH ROW USAGE IN CBD.

    House: Rec From Senate

S 317: GUILFORD AND STANLY ELECTION SYSTEMS (NEW).

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

S 325: WAKE COUNTY SCHOOL BOARD DISTRICTS.

    House: Rec From Senate

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