A BILL TO BE ENTITLED AN ACT TO INCREASE THE PENALTY FOR VARIOUS CRIMINAL OFFENSES OF FELONY CHILD ABUSE AND TO REQUIRE THAT THE OFFICIAL RECORD OF A DEFENDANT CONVICTED OF CHILD ABUSE OR OTHER ASSAULTS AGAINST A MINOR INDICATES THAT THE OFFENSE INVOLVED CHILD ABUSE. Enacted April 24, 2013. Effective December 1, 2013.
The Daily Bulletin: 2013-04-25
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The Daily Bulletin: 2013-04-25
House amendment to the 2nd edition makes the following changes. Amends proposed language in GS 90-113.74(c)(5) to clarify that data in the controlled substances reporting system may be released to a sheriff or designated deputy sheriff who is engaged in a bona fide specific investigation related to the enforcement of laws governing licit (was, illicit) drugs pursuant to a lawful court order issued specifically for that purpose.
Intro. by Horn, Brisson, Fulghum, Hollo. | GS 90 |
House committee substitute makes the following changes to the 1st edition.
Amends GS 120-163, Petitions, providing that, concerning the petitions provided for in GS 120-163(a)(1), the county board of elections is required to verify and return the petition to the person who presented it within 30 working days of receipt (was, 15 working days). Repeals language that provided for a tolling of the verification and return time window for petitions during specified time periods surrounding elections.
Provides that the petitions provided for in GS 120-163(a)(2), regarding real property owners, are required to be verified and returned by the county tax assessor within 30 working days of receipt (was, 15 working days).
Intro. by R. Brown. | GS 120 |
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 143-215.1 (Control of sources of water pollution; permits required), providing for a notice and an opportunity to comment to the governing board of the county in which the site of the land application of waste is proposed to be located (previous edition provided for a notice and an opportunity to comment from the governing board of the county which contains the site proposed to be the recipient of the land application).
Provides that State Payment in Lieu of Taxes Study Commission will submit its final report prior to the convening of the 2015 Regular Session of the General Assembly (was, prior to the convening of the 2013 Regular Session of the General Assembly in 2014). Makes organizational changes.
Deletes provisions found in Sections 4.1, 4.2, 4.3, and 4.4 of the previous edition, relating to the establishment and duties of the e911 Study Commission.
Makes technical changes throughout.
Senate amendment makes the following changes to the 4th edition.
Creates a new section, GS 162A-66.5 (Approval of all political subdivisions required) providing that before an adoption of a resolution under GS 162A-66, on or after April 1, 2013, the Environmental Management Commission (EMC) must receive a resolution that supports the establishment of a district board from (1) the board of commissioners of the county or counties that are located, wholly or partly, within the boundaries of the proposed district and (2) the governing board of each political subdivision in the county or counties located, wholly or partly, within the boundaries of the proposed district. If such a resolution is not received by the EMC, a resolution for the creation of the district board cannot be adopted by the EMC.
House amendment makes the following changes to the 2nd edition.
Provides that the Subcommittee on Aging will consist of 21 members (was, 19), with eight members (was, seven) appointed by each the House of Representatives and Senate subcommittee cochairs.
Provides a new qualification for the House of Representative cochair appointees, requiring one appointee to be a licensed provider of home- and community-based services.
Provides a new qualification for the Senate cochair appointees, requiring one appointee to be a representative of the NC Health Care Facilities Association.
Intro. by Dollar, Burr, Hurley, Farmer-Butterfield. | STUDY |
House committee substitute makes the following change to the 1st edition.
Amends 89G-9(b), regarding license renewal for irrigation contractors, to require a licensee tocomplete at least one of theten continuing education units required annually in the installation and service of backflow prevention assemblies.
Intro. by Samuelson, Saine, Hager, R. Brawley. | GS 89G |
House amendment makes the following changes to the 2nd edition.
Amends GS 87-43.1, Exceptions, providing that the provisions of the article do not apply to the installation, construction, maintenance, or repair of electrical wiring, devices, appliances, or equipment by a person certified as a well contractor under Article 7A of this chapter when running electrical wires from the well pump to the pressure switch (previous edition provided for an exception while engaging in the construction, operation, or repair of a well).
Intro. by Hardister, Faircloth, Malone. | GS 87 |
House committee substitute makes the following changes to the 1st edition.
Amends GS 153A-341.1 (zoning regulations for manufactured homes) deleting "historic districts" as an example of areas where uniform aesthetic and design standards are imposed andthe placement of manufactured homes may reasonably be restricted.
Removes criteria from the definition of manufactured home that the home be a transportable structure of at least 320 square feet built on permanent chassis structures.
Permits a county to adopt and enforce reasonable appearance criteria for manufactured homes. Provides that the criteria is to by adopted by ordinance. Provides that nothing in this section is to be construed as preempting or superseding valid restrictive covenants that run with the land.
Makes organizational and clarifying changes.
Intro. by Ramsey, Burr, Wray. | GS 153A |
House committee substitute makes the following changes to the 1st edition.
Amends GS 162A-6, Powers of authority generally, allowing county water and sewer authorities to set rates, fees, and other charges by authorizing them to set rates for water stored by the authority through programs to store and protect water resources (previous edition provided for authority over flexible rates for water stored by the authority). Adds clarifying language that provides schedules of rates, fees, and other charges may vary according to the different classes of service for programs to store and protect water resources.
Intro. by Catlin, Hamilton. | GS 162A |
The Daily Bulletin: 2013-04-25
Conference report makes the following changes to the 6th edition.
Elimination of Certain State Boards, Committees, and Commissions that Have Met Statutory Requirements. Adds a section that prohibits state agencies from using state appropriations or departmental receipts for the development, promotion, dissemination, or implementation of a statewide climate change action plan or adaptation strategy, unless the activities are specifically authorized by the General Assembly. This does not prevent individual state agencies from addressing climate or weather-related issues or events that are within the scope of their existing duties and responsibilities. Makes organizational and technical changes.
Environmental Management Commission (EMC). Amends GS 143B-283 to require that one of the EMC members appointed by the Governor be a licensed engineer (was, registered engineer) with specialized training and experience in water supply or water or air pollution control. Also deletes the requirement that nine members appointed by Governor be persons who do not derive any significant portion of their income from persons subject to permits or enforcement orders under GS Chapter 143B.
Provides that the terms of members of the EMC serving on January 1, 2013, expire when the section becomes law (was, April 15, 2013). Deletes the requirement that the members specified in amended GS 143B-283 be appointed no later than July 1, 2013. Deletes the provisions extending the terms of four specified members who were serving on January 1, 2013.
Industrial Commission. Amends GS 97-77 to delete the requirement that only persons licensed to practice law in North Carolina are eligible for membership on the Industrial Commission and that at least two commissioners be board certified in workers' compensation law. Changes the effective date of the changes to GS 97-77 to July 1, 2013 (was, April 15, 2013).
Provides that the terms of the Commission members serving terms established by SL 2011-287, Section 22, terminate on June 30, 2013. Requires the Governor to appoint new members subject to confirmation of the General Assembly. Specifies the staggered terms of those six new members. Makes the repeal of SL 2011-287, Section 22, effective July 1, 2013 (was, April 15, 2013).
Utilities Commission. Amends GS 62-10 to delete the requirement that the Governor appoint persons to the Commission with at least five years of progressively responsible experience and a demonstrated competency in any one or more of seven specified areas. Also amends language in the statute to make the term "chairman" gender neutral. Makes conforming changes.
Wildlife Resources Commission. Amends GS 143-241 to delete the requirement that the Governor appoint two at-large members and instead gives the appointing authority to the General Assembly.
Special Superior Court Judges. Amends GS 7A-45.1 to provide that, except as to the three special judges designated as of January 1, 2013, under GS 7A-45.3 as business court judges, any special judge seat established by GS 7A-45.1 is abolished effective on the expiration of the term being served on April 1, 2013.
Board of Transportation. Amends GS 143B-350(b)(1) to provide that no more than two members of the Board of Transportation appointed by the Governor may reside in the same highway division (was, applicable to any member regardless of who made the appointment).
Dietetics/Nutrition Board. Amends GS 90-354 to provide that the terms of the members of the Dietetics/Nutrition Board serving on January 1, 2013, expire June 30, 2013 (was, March 31, 2013).
Office of Administrative Hearings. Specifies that amendments to GS 7A-753 (setting term of appointed administrative law judges at four years) are effective when the section becomes law and applies to any administrative law judge appointed on or after the act's effective date. Specifies that the amendments to GS 7A-760 (making appointed administrative law judges exempt from the State Personnel Act) are effective when the section becomes law and applicable to administrative law judges serving on or after the date that the act becomes effective.
Deleted Provisions. Removes provisions concerning the Post-Release Supervision and Parole Commission, the Mining and Energy Commission, the State Personnel Commission, the North Carolina Criminal Justice Education and Training Standards Commission, and issues relating to independent occupational licensing boards.
Conference report makes the following changes to the 4th edition. Removes the provision in GS 14-17(c) that states nothing is to be construed to apply to an unintentional act or omission committed by the child's birth mother during the pregnancy that culminated in the birth of the child from the statute and places this provision in the uncodified portion of the bill.
Intro. by Gunn, Daniel, Randleman. | GS 14 |
A BILL TO BE ENTITLED AN ACT TO ADD THE OFFENSE OF HUMAN TRAFFICKING TO THE LIST OF CRIMINAL CONVICTIONS THAT REQUIRE REGISTRATION UNDER THE SEX OFFENDER AND PUBLIC PROTECTION REGISTRATION PROGRAM. Enacted April 24, 2013. Effective December 1, 2013.
Intro. by Goolsby, Bingham, Newton. | GS 14 |
A BILL TO BE ENTITLED AN ACT TO EXEMPT THE BONDING OF CORRUGATED STAINLESS STEEL TUBING (CSST) GAS PIPING SYSTEMS FROM LICENSING REQUIREMENTS UNDER THE LAWS PERTAINING TO ELECTRICAL CONTRACTORS. Enacted April 24, 2013. Effective April 24, 2013.
Intro. by Hunt. | GS 87 |
A BILL TO BE ENTITLED AN ACT PROVIDING THAT A UNIT OWNER IN A CONDOMINIUM AND A LOT OWNER IN A PLANNED COMMUNITY SHALL AFFORD ACCESS THROUGH THE LIMITED COMMON ELEMENT ASSIGNED OR ALLOCATED TO THE OWNER'S UNIT OR LOT TO THE ASSOCIATION AND, WHEN NECESSARY, TO OTHER UNIT OR LOT OWNERS FOR THE PURPOSE OF CONDUCTING MAINTENANCE, REPAIR, OR REPLACEMENT ACTIVITIES AND PROVIDING THAT A UNIT OR LOT OWNER IS LEGALLY RESPONSIBLE FOR DAMAGE TO A LIMITED COMMON ELEMENT CAUSED BY THE UNIT OR LOT OWNER AND CLARIFYING THE LAWS REGARDING THE POWERS AND DUTIES OF A PLANNED COMMUNITY AND AMENDING THE PROCEDURES REGARDING AMENDMENT OF A RECORDED DECLARATION. Enacted April 24, 2013. Section 5 is effective October 1, 2013. The remainder is effective April 24, 2013.
Senate amendment to the 2nd edition makes the following changes. Amends proposed GS 57D-2-30(c) to limit the provision that oral or implied provisions in the operating agreement may not supplant, vary, disclaim, or nullify any contrary or inconsistent written provision in the operating agreement to the detriment of the rights of the persons who are not parties to the operating agreement, to the extent that they reasonably rely on those written provisions in the operating agreement.
Senate committee substitute makes the following changes to the 1st edition.
Amends proposed GS 90-413.9 to specify that the information published by NC Health Information Exchange (HIE) on its Internet web sitebe publishedin a conspicuous manner, and that the information be the most current information available. Adds new subsection (b), which declares that any data disclosed by a hospital or ambulatory surgical facility to the NC HIE under the Health Care Cost Reduction and Transparency Act of 2013 (Act) remains the sole property of the facilitysubmitting the data. Provides that any data or product derived from the data that was disclosed to NC HIE pursuant to the Actof 2013, including a consolidation or analysis of the data, remains the sole property of the state of North Carolina. Prohibits the NorthCarolina Community Care Networks., (CCNC), NC HIE, and all other entities thatreceive datadisclosed by a hospital or ambulatory surgical facility under the Act from disclosing, selling, or exchanging the data, or from engaging in any consolidation, analysis, or product derived from the data, for a fee or consideration of any type.
Amends new GS 131E-91.1 to clarify that the term "episode of care" includes services by health care providers employed by the hospital (was, affiliated with the hospital). Amends the definition for "health insurer" to provide that the term does not include self-insured plans and group heath plans as defined in section 607(1) of the Employee Retirement Income Security Act of 1974. Requires each hospital licensed under Article 5 of GS Chapter 131E to electronicallyprovide to NC HIE, beginning onMarch 31, 2014 and quarterly thereafter, (was, annually beginning on January 1, 2014), specific information regarding costs, payments, and reimbursementsfor the hospital's 50 most common episodes of care. Adds to the list of specified information required that the list must include the average negotiated settlement on the amount that will be charged to a patient andthat must be remitted in subdivision (1) of this subsection. Also clarifies that the total amount of Medicaid reimbursements for each episode of care includes claims and pro rata supplemental payments. Changes the required content of the rules adopted by the NC Medical Care Commission (Commission) to implement this section, providing that the rules must include (1) the 50 most common episodes of care on which the hospitals must report, and (2) specific categories by which hospitals are to be grouped for the purpose of disclosing this information to the public on the NC HIE Internet web site.
Amends GS 131E-91.2 to require that a hospital's posting of its policy on charity care, also include the amounts spent by the hospital on uncompensated care and bad debt in the preceding calendar year. Adds definitions for "bad debt" and "uncompensated care." Amends GS 131E-153.1(was, 131E-153.2) to providesubstantively similar provisions as they apply to ambulatory surgical facilities.
Amends GS 131E-153 (was, 131E-153.1) applying to the disclosure of prices for ambulatory surgical services. Modifies the definition for "episode of care" to include pharmaceuticals dispensed by the ambulatory surgical facility pharmacy or by a pharmacy owned or controlled by the ambulatory surgical facility. Requires that the rules adopted by the Commission include the 50 most common episodes of care on which the ambulatory surgical facilities must report.
Enacts new GS 131E-91.3 as new Part 4B of Article 5 of GS Chapter 131E (was, added as new section to Part 4A of GS Chapter 131E, Article 5). Adds a definition for "provider of radiology services." Defines provider of radiological services as a hospital, ambulatory surgical facility, a freestanding radiology services facility, or a physician's office that provides outpatient radiology services.Amends criteria for unlawful duplicate charges for outpatient imaging radiology services and extends the provisions to include providers of radiology services. Makes a conforming deletion ofnew GS 131E-153.3 having to do with prohibiting duplicate charges for certain radiology services from an ambulatory surgical facility or health care providers affiliated with the facility.
Deletes changes to GS 108A-121, definitions in Article 7, Hospital Provider Assessment Act,of GS Chapter 108A.
Amends GS 131E-91 to apply to fair billing and collections practices for hospitals and ambulatory surgical facilities. Includes provisions that require bills to be legible, easily understandable, and to included clear explanations when the use of medical codes and terms is unavoidable. Also identifies reasonable collection practices which hospitals and ambulatory surgical facilities must use. Prohibits the use of wage garnishment, a lien on a patient's primary residence, or a forced sale as a means of collecting an unpaid bill.
Enacts new GS 131E-147.1 (Fair billing and collections practices for ambulatory surgical facilities) providing that all ambulatory surgical facilities licensed under Part 4 of Article 6 of GS Chapter131E will be subject to the fair billing and collections practices as set out in GS 131E-91.
Amends GS 58-3-245, changing section name to Provider directories; cost tools for insured (was, Provider directories) and requires that health benefit plans that utilize a provider network must ensure that a patient is provided accurate and current information about each provider's network status through both the telephone system and any electronic or online system.Adds new GS 58-3-245(d), establishing that health care providers must provide patients or prospective patients, upon request, with information regarding that provider's network status with a particular health benefit plan.
Delineates governance changes for the North Carolina Community Care Networks, Inc. (CNCC), including changes in the composition of its board.Adds that those changes include ensuring that no member or immediate family member is a registered lobbyist or employed by an entity lobbying for a health care provider association.
The Daily Bulletin: 2013-04-25
House amendment to the 1st edition makes clarifying changes to the severability clause in Section 1(b).
Intro. by Harrison, Hardister, Adams, Brandon. | Guilford |
House committee susbtitute makes the following changes to the 2nd edition.
Changes the short and long title.
Amends GS 160A-360(n), clarifying that the Town of Weaverville has no authority to exercise any power under this section outside of its corporate limits.
Provides for a new Section 2 of the bill, which amends GS 160A-360(m), providing that the City of Asheville has no authority to exercise any power under this section outside its corporate limits.
Intro. by Ramsey, Moffitt. | Buncombe |
House committee substitute makes the following changes to the 1st edition.
Requires public bodies using sound or video recording before October 1, 2013, to use sound or video recording (previously also allowed use of similar resources) for closed sessions held on or after October 1, 2013.
Makes other clarifying changes to the effective date clause.
Intro. by Dixon. | GS 143 |
The Daily Bulletin: 2013-04-25
A BILL TO BE ENTITLED AN ACT AMENDING A LOCAL ACT FOR THE TOWN OF WALLACE THAT REMOVED CERTAIN RESTRICTIONS ON SATELLITE ANNEXATIONS FOR THE TOWN. Enacted April 24, 2013. Effective April 24, 2013.
Actions on Bills: 2013-04-25
H 35: LIMIT STATE FACILITIES FINANCE ACT DEBT (NEW).
H 153: ESTABLISH GENERAL GOV'T OVERSIGHT COMMITTEE.
H 173: REVISE CONTROLLED SUBSTANCES REPORTING.
H 210: HONOR DOC WATSON.
H 220: DESIGNATE NC FRAGILE X AWARENESS DAY.
H 247: FREEDOM TO NEGOTIATE HEALTH CARE RATES.
H 279: TRANSFER ENVIRONMENTAL PERMITS.
H 340: LIMITED LINES TRAVEL INSURANCE.
H 369: CRIMINAL LAW CHANGES.
H 379: AMEND VETERINARY PRACTICE ACT/FEES.
H 388: ASSIGNED COUNSEL/AMEND AND CLARIFY.-AB
H 391: VOLUNTEER SERVICE IN RETIREMENT.
H 399: AMEND LAWS PERTAINING TO DHHS.-AB
H 410: CANCEL TITLE TO MANUFACTURED HOME.
H 442: MUNICIPAL INCORPORATION CHANGES.
H 452: 2013 SCHOOL SAFETY ACT.
H 458: PUBLIC HOSPITAL CONVEYANCES (NEW).
H 466: AMEND PRIVATE PROTECTIVE SERVICES ACT/FEES.
H 488: REGIONALIZATION OF PUBLIC UTILITIES.
H 513: CLARIFY DEALER PLATES LAW.
H 543: GUARDIANSHIP ROLES OF MHDDSA PROVIDERS (NEW).
H 589: VIVA/ELECTION REFORM (NEW).
H 590: REBUTTABLE PRESUMPTION/SHARED PARENTING.
H 599: SUPPORTING PRAYER WEEK IN NC.
H 605: ESTABLISH AGING SUBCOMMITTEE/HHS OVERSIGHT.
H 609: NC CANCER TREATMENT FAIRNESS ACT.
H 618: AMEND FIREARM RESTORATION LAW.
H 625: ZONING/HEALTH CARE STRUCTURE.
H 635: INVOLUNTARY COMMITMENT CUSTODY ORDERS.
H 662: LIMITED LICENSE/INSTALL BACKFLOW ASSEMBLIES.
H 673: BIOPTIC LENSES FOR DRIVERS LICENSE TESTS.
H 686: NC SEAFOOD PARK/NAME CHANGE.
H 688: AMEND CONTINUING ED REQ'S/CERT. WELL K'ORS.
H 704: STUDY AND ENCOURAGE USE OF TELEMEDICINE.
H 756: REFORM RECREATIONAL USE STATUTE.
H 760: SUMMER READING CAMPS.
H 761: REGULATORY REFORM ACT OF 2014.
H 763: ALLOW ALIMONY/POST SEP SUPP DURING MARRIAGE.
H 769: ZONING/LIMIT MANUFACTURED HOME RESTRICTIONS.
H 778: IMPLEMENT EFFICIENCES IN STATE GOVERNMENT.
H 788: WATER/SEWER AUTHORITY/RATE FLEXIBILITY.
H 789: USTS ELIGIBLE FOR BROWNFIELDS.
H 807: BUILDING CODE COUNCIL/POST CODE ONLINE.
H 811: AMEND PRACTICE OF FUNERAL SERVICE LAWS.
H 824: EPI PEN IN SCHOOLS.
H 850: POSSESSION OF NEEDLES/TELL LAW OFFICER.
H 879: GRAND JURORS/SERVICE.
H 892: NO FISCAL NOTE FOR RULE REPEAL.
H 894: SOURCE WATER PROTECTION PLANNING (NEW)
H 1003: HONOR WSSU'S FOOTBALL TEAM.
S 10: GOVERNMENT REORGANIZATION AND EFFICIENCY ACT (NEW).
S 83: ENCOURAGE VOLUNTEER CARE IN FREE CLINICS.
S 117: LILY'S LAW.
S 137: PROHIBIT CO-PAY WAIVER/MEDICAID PROVIDERS.
S 189: AMEND LAW DEFINING HOME SCHOOLS.
S 240: DEVELOP RULES FOR RELEASE OF PATH MATERIALS.
S 243: BACK TO BASICS.
S 287: NOTICE PUBLICATION--CERTAIN LOCAL GOVS. (NEW).
S 316: PRETRIAL RELEASE/REBUTTABLE PRESUMPTION.
S 369: NAME CHANGE REQUIREMENTS FOR MINORS.
S 378: ASSESS PROPANE DEALERS/DISTRIBUTORS.
S 439: AMEND & RESTATE NC LIMITED LIABILITY CO. ACT.
S 452: JURISDICTIONAL AMTS/ARBITRATION/SM CLAIMS CT.
S 455: INCREASED PENALTY/SEED LAW VIOLATIONS.-AB
S 460: RAIL CORRIDOR LEASE/CITY OF BELMONT (NEW).
S 473: HEALTH COST TRANSP/SPEAKER AND PPT STANDING (NEW).
S 505: CLARIFY AGRICULTURAL ZONING.
S 516: PUBLIC SCHOOL REGULATORY REFORM.
S 520: WC/RECORD FULL IC HEARINGS.
S 528: CLARIFY PETIT JUROR OATH.
S 539: JURY LIST/DATE OF BIRTH INFORMATION.
S 545: MASTER METERS/LANDLORD-TENANT AGREEMENT.
S 568: BIOPTIC LENSES FOR DRIVERS LICENSE TESTS.
Actions on Bills: 2013-04-25
H 108: ROWAN VEHICLE PERSONAL USE EXEMPTION.
H 143: EDEN PAYMENT IN LIEU OF TAXES.
H 404: CAMDEN LOCAL STORMWATER FEES.
H 412: EDEN/DUKE ENERGY/ANNEXATION AGREEMENT.
H 422: MARSHVILLE CHARTER AMENDMENT/UTILITY BILLING.
H 524: GREENSBORO CHARTER AMENDMENTS.
H 531: WEAVERVILLE, BUNCOMBE & HENDERSON.
H 555: DESIGN-BUILD/BUNCOMBE.
H 726: WAKE COUNTY COMM. RESP. FOR SCHOOL CONSTR. (NEW).
H 870: DUPLIN COUNTY BOARDS OF COMMS. AND EDUC. (NEW).
H 1004: TOWN OF ABERDEEN MULTIFAMILY DEVELOPMENT.
S 75: ONSLOW PUBLIC-PRIVATE PARTNERSHIP.
S 152: CORRECT TECH. ERROR IN BURGAW OCCUPANCY TAX.
S 201: STANLY COMMUNITY COLLEGE CAPITAL PROJECT (NEW).
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