Senate committee substitute to the 3rd edition makes the following changes. Amends GS 44A-40 to add definitions of independent bidder and verified electronic mail. Amends GS 44A-43 to clarify that notices may be sent by electronic mail if the occupant has made an election in the rental agreement to receive notice by electronic mail. Provides that for notice of public sale given by the lienor no less than 20 days before the sale, notice given by verified electronic mail is presumed delivered when it is transmitted. Makes conforming and clarifying changes. Amends the title.

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

Amends GS 47C-3-116.1 (Lien for sums due the association; enforcement), making  technical and reorganizational changes. Specifies the procedures for service of process of the claim of lien on the record owner, providing it should be made and attempted in accordance with GS 1A-1, Rule 4(j), for service of a copy of a summons and a complaint. Also sets out the processes and procedures that should be followed when actual service is not achieved or in cases where the owner of record is not a natural person.

Amends GS 47C-3-116.1(f) providing that an association, through the executive board, may foreclose a claim of lien in like manner as a mortgage or deed of trust on real estate under the power of sale if the assessment remains unpaid for 90 days or more. Requires the association to vote to commence such a proceeding against the specific unit before the claim of lien can be foreclosed on.  Establishes that any trustee appointed pursuant to GS 47C-3-116.1(f)(6), in the course of every nonjudicial power of sale foreclosure of a claim of lien, will have the same fiduciary duties and obligations as a trustee in the foreclosure of a deed of trust. Deletes the following language: "and if no person or entity other than counsel for the association serves as trustee in the foreclosure...," which provided a limit for the awarding of attorneys' fees in the amount of $1,200, in regards to the foreclosure of claims of lien. Also deletes language that states that the obligation to pay and the amount of any sums due the association will be considered uncontested as long as the unit owner does not refuse to pay any portion of the sums claimed due by the association. Provides that any judgment, decree, or order in any action brought under GS 47C-3-116.1 will include costs and reasonable attorneys' fees for the prevailing party. Establishes that unit owners will be deemed to have the rights and remedies available to mortgagors under GS 45-21.34.

Amends GS 47C-3-116.1(g), providing that any judgment, decree, or order in any judicial foreclosure or civil action, relating to the collection of assessments, will include an award of costs and reasonable attorneys' fees for the prevailing party (previously, did not refer to the relation to the collection of assessments).

Amends GS 47C-3-116.1(i), providing that costs and expenses incurred in connection with any request that the association agrees to accept payment of all or part of sums due in installments can be included or considered in the calculation of fees chargeable under GS 47C-3-116.1(f)(12) (previously, excluded costs and expenses from being included in the calculation of chargeable fees).

Appears to amend GS 47F-3-116.1 (Lien for sums due the association; enforcement), providing that unless the declaration provides otherwise, fees, charges, late charges, and other charges imposed pursuant to GS 47F-3-102, 47F-3-107, 47F-3-107.1, and 47F-3-115, as well as any other sums due and payable to the association under the declaration, are secured by a claim of lien once filed and are enforceable in the same manner as unpaid assessments under this section.

Amends GS 47F-3-116.1(c), specifying the procedures for service of process of the claim of lien on the record owner under this section, providing it should be made and attempted in accordance with GS 1A-1, Rule 4(j), for service of a copy of a summons and a complaint. Also sets out the processes and procedures that should be followed when actual service is not achieved or in cases where the owner of record is not a natural person.

Amends GS 47F-3-116.1(f), providing that an association, through the executive board, may foreclose a claim of lien in like manner as a mortgage or deed of trust on real estate under the power of sale if the assessment remains unpaid for 90 days or more. Requires the association to vote to commence such a proceeding against the specific unit before the claim of lien can be foreclosed on. Makes technical and reorganizational changes. Establishes that any trustee appointed pursuant to GS 47F-3-116.1(f)(6), in the course of every nonjudicial power of sale foreclosure of a claim of lien, will have the same fiduciary duties and obligations as a trustee in the foreclosure of a deed of trust. Deletes the following language: "and if no person or entity other than counsel for the association serves as trustee in the foreclosure...," which provided for a limit for the awarding of attorneys' fees in the amount of $1,200, in regards to the foreclosure of claims of lien. Also deletes language that states that the obligation to pay and the amount of any sums due the association will be considered uncontested as long as the unit owner does not refuse to pay any portion of the sums claimed due by the association. Provides that any judgment, decree, or order in any action brought under GS 47F-3-116.1(f) will include costs and reasonable attorneys' fees for the prevailing party. Establishes that lot owners will be deemed to have the rights and remedies available to mortgagors under GS 45-21.34.

Amends GS 4F-3-116.1(g), providing that any judgment, decree, or order in any judicial foreclosure or civil action, relating to the collection of assessments, will include an award of costs and reasonable attorneys' fees for the prevailing party (previously, did not refer to the relation to the collection of assessments).

Amends GS 47F-3-116.1(i), providing that costs and expenses incurred in connection with any request that the association agrees to accept payment of all or part of sums due in installments can be included or considered in the calculation of fees chargeable under GS 47C-3-116.1(f)(12) (previously, excluded costs and expenses from being included in the calculation of chargeable fees).

 

 

 

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

Amends the definition of wind energy facility in GS 143-215.115 to mean the turbines, accessory buildings, transmission facilities, and any other equipment necessary for the operation of the facility that cumulatively have a rated capacity of one megawatt or more of energy (previously, stated that the rating is per turbine or collectively,  language now deleted).

Amends GS 143-215.117 (Permit pre-application site evaluation meeting; notice; pre-application package requirements; annual review of military presence), providing that a person must request, no less than 180 days prior to the filing of an application for a permit to construct, operate, or expand a wind energy facility, a pre-application site evaluation meeting. The pre-application site evaluation meeting must occur no less than 120 days prior to filing an application for a permit to construct, operate, or expand a wind energy facility.  Requires the Department to send a written notice of pre-application site meeting to various state and federal agencies and departments no less than 21 days (was, 14 days) prior to the date of the meeting.

Amends GS 143-215.118 (Permit application scoping meeting and notice), providing that no less than 60 days (was, 30 days) prior to filing an application for a permit for a wind energy facility, the applicant must request the scheduling of a scoping meeting. Establishes that the scoping meeting must be held no less than 30 days prior to filing an application for a proposed wind energy facility or proposed wind energy facility expansion.

Amends GS 143-215.119(7) (Permit application requirements; fees; notice of receipt of completed permit; public hearing; public comment), requiring the applicant to include in the application for the permit specified documentation that demonstrates that the applicant has either (1) submitted Federal Aviation Administration Form 7460-1 for the associated turbines or (2) has initiated an informal review by the Department of Defense Siting Clearinghouse for the proposed wind energy facility or expansion. Specifies additional information that must be submitted with the application if the above steps have been finalized.

Amends GS 143-215.119(c) and (e), making technical and clarifying changes.

Amends GS 143-215.120 (Criteria for permit approval; time frame; permit conditions; other approvals required), providing that, in regards to the permit decision, the Department will not be required to make a final decision until it has received a written "Determination of No Hazard to Air Navigation" issued by the Federal Aviation Administration, pursuant to specified federal regulations. Amends the provisions regarding permit conditions, establishing that the Department must require the permit holder to obtain a written "Determination of No Hazard to Air Navigation," as described above, for the proposed facility or expansion; no permit will become effective until such is received. Specifies the process and procedure for instances where an authorized turbine or its actual configuration differs from the information submitted by the applicant pursuant to obtaining a "Determination of No Hazard to Air Navigation."

Amends GS 143-215.126(b), making a technical and clarifying change.

 

 

 

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

Changes short and long title.

Deletes and replaces all of the sections and provisions of the previous edition.

Establishes that the General Assembly finds that the ability of a city or county to efficiently and effectively provide public enterprise services is imperiled by the use by that local government of those revenues for purposes other than (1) the paying of costs of operating the public enterprise, (2) making debt service payments, (3) investing in improvements to the infrastructure of that public enterprise, and (4) reimbursing the unit of local government for actual direct services provided to the public enterprise.

States that the General Assembly also finds that any excess net revenues should be used to lower rates, advance fund debt service, and fund infrastructure improvements of that public enterprise.

Directs the Legislative Research Commission (Commission) to study the issues raised above as well as make recommendations in regards to the following:

(1) Proper accounting controls to ensure transparency in budgeting and accounting for expenditures and interfund transfers of city and county public enterprise services.

(2) Legislation which may be necessary to ensure proper funding of infrastructure maintenance and improvements for local government public enterprises.

(3) Legislation which may be necessary to ensure that local governments monitor aging public enterprise infrastructure to ensure proper maintenance and repair.

(4) Legislation to improve local government public enterprise management.

Provides that the Commission will consult with the Local Government Commission and the School of Government during the course of the study. The Commission will make an interim report to the 2013 Regular Session of the General Assembly prior to its reconvening in 2014 and will make a final report to the 2015 Regular Session of the General Assembly

House amendment to the 2nd edition makes the following changes. Changes the act's effective date from when the act became law to January 1, 2014.