House committee substitute to the 1st edition make the following changes. Makes a technical correction.
The Daily Bulletin: 2013-05-06
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The Daily Bulletin: 2013-05-06
A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW GOVERNING ASSIGNED COUNSEL IN CASES OF PARTIAL INDIGENCY TO AUTHORIZE JUDGMENTS FOR ATTORNEYS' FEES TO BE DOCKETED UPON THE EXPIRATION OF PROBATION AND TO CLARIFY THE REQUIREMENT FOR A SOCIAL SECURITY NUMBER. Enacted May 2, 2013. Effective May 2, 2013.
Intro. by Jackson, Glazier. | GS 7A |
House committee substitute makes the following changes to the first edition.
Changes the long title.
Deletes section 1(b) of the act, requiring the Department of Environment and Natural Resources (DENR) to adopt Minimum Design Criteria for erosion and sedimentation control plans. Also deletes Section 5(b), which contained a requirement that these rules be implemented by a specified date.
Makes organizational changes to the act, combining Section 1(a) and 2. Makes technical and clarifying changes. Changes the date for DENRs criteria and recommendations to be submitted to the EMC to September 1, 2014.
Amends GS 143-214.7B, changing the title to Fast-track permitting for stormwater management systems, (was, Fast-track permitting). Also requires submitted permit applications, pursuant to the fast-track permitting process, to be prepared by a qualified professional (previously, only required the application to be sealed by a professional engineer). Requires the EMC to consult with a technical working group, comprised of specified experts and interested stakeholders, in developing the rules for the fast-track permitting process. Sets out the following four minimum requirements that the rules must include: (1) a process for permit application, review, and determination; (2) a decision on which types of professionals are qualified to prepare a permit application submitted pursuant to this section and the types of qualifications the professional must have; (3) a process for ensuring compliance with the Minimum Design Criteria; and (4) a process for establishing the liability of a qualified professional who prepares a permit application for a stormwater management system that fails to comply with the Minimum Design Criteria.
Deletes Section 4 of the previous edition of the act, which contained the new section GS 113A-68, concerning fast-track plan approval for erosion and sedimentation control plans.
Requires the EMC to adopt rules implementing the fast-track permitting process by July 1, 2016 (was, February 1, 2014).
Intro. by Millis, Moffitt, Catlin, Hardister. | GS 143 |
House committee substitute makes the following changes to the 1st edition.
Changes the short title.
Deletes the repeal of SL 1997-443, Section 15.4(a), as amended.
Provides that the alternative to the inspection program will be located in up to four counties, which are to be selected using criteria set forth in Section 15.4(a) of SL 1997-443 (The Current Operations and Capital Improvements Appropriations Act of 1997), as amended, as it existed prior to its expiration (previously, only referred to use of the criteria of the session law as amended).
Makes a clarifying change in regards to the specifications on how previous inspection programs and practices will be transitioned and continued.
Changes the effective date to June 30, 2013 (was, effective when the act becomes law).
Intro. by Waddell, Millis, Iler, McElraft. | GS 143 |
House committee substitute makes the following changes to the 1st edition.
Makes technical corrections to GS 53-244.040 to insert an omitted word and to correct a typographical error.
Clarifies that upon the July 1, 2013,effective date of this act,the actwill apply toapplications for licensure as a transitional mortgage loan originator filed on or after that date.
Intro. by Szoka, Dockham, B. Brown. | GS 53 |
House committee substitute to the 1st edition makes the following changes. Adds that the shelter must also be equipped with smoke detectors in all sleeping areas in order for the temporary overflow emergency shelter for the homeless to be allowed to house occupants under the age of 18.
Intro. by Hardister, Hamilton. | UNCODIFIED |
House committee substitute makes the following changes to the 1st edition.
Deletes the changes to GS 24-1.1A(a) regarding contract rates on home loans secured by firstmortgages or first deeds of trust.
Amends the definition of "points and fees" in GS 24-1.1E(a)(5) to exclude any up-front fees collected and paid to the Federal Housing Administration, the Veteran's Administration, or theU.S. Department of Agriculture to insure or guarantee a home loan, and eliminates references to the amount of the loan and to up-front payments for private mortgage insurance premiums.
Intro. by Szoka, Hanes, Dockham, Samuelson. | GS 24 |
House committee substitute makes the following changesto the 1st edition.
Amends GS 74-51 to require the Department of Environment and Natural Resources (DENR) to publish, at least 10 days before the hearing date,notice of a public hearing on any application for, or modification of, a mining permit(1) electronically on DENR's web site and (2) via email to interested parties who have requested notification.
Amends GS 113-302, regarding new and renewal leases for shellfish cultivation, to require that a notice of a public hearing regarding the approval of a lease application must be published electronically on DENR's web site and via email to interested parties who have requested notification. Also provides that service by publication may be accomplished by electronic publication on DENR's web site and via email. Notice by publication requires that the notice be published on DENR's web site for a minimum of 30 days.
Requires DENR to report to the Environmental Review Commission, on both January 1, 2014, and January 1, 2015, on the effectiveness and implementation of the electronic notice authorized in this act.
Deletes changes to GS 143-215.1(c)(2) and (3), which authorized publicnotice via electronic means of any proposed final action granting or denying certain permit applications, or of a public hearing on any such permit applications or renewals. Also, deletes changes to GS 143-215.4(b)(1) and (2), regarding the use of electronic publication in providing notice for public input.
Renumbers the sections accordingly and makes conforming changes.
House committee substitute to the 1st edition make the following changes.
Amends GS 6-21.3 to allow a check or draft that is refused by a bank or depository that is stamped or marked or with an attachment to be submitted as evidence for the remedy provided in the statute if, in the regular course of business, it is business stamped, marked, or with an attachment that indicates the reason for the dishonor; lists terms that may be used to indicate the reason for dishonor.
Amends GS 14-107.1(e) to make conforming changes, listing a number of terms that may be used to indicate the reason for dishonor.
Amends that act's long title.
The Daily Bulletin: 2013-05-06
Conference report makes the following changes to the 4th edition.
Changes the long title.
Amends GS 15A-153(c), providing that an employer or educational institution will not require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or criminal conviction of the applicant that has been expunged. Also provides that they cannot knowingly or willingly inquire about that which they know has been expunged. Provides that an applicant need not, in answer to any question concerning any arrest or criminal charge that has not resulted in a conviction, include information or refer to any arrests, charges, or convictions that have been expunged (previously, required an employer or educational institution that requested disclosure of information concerning any arrest, criminal charge, or criminal conviction of the applicant to first advise the applicant of law allowing the applicant to not refer to any expunged arrest, charge, or conviction).
Intro. by Daniel, Goolsby, Kinnaird. | GS 15A |
Senate amendment makes the following changes to the 3rd edition.
Amends subdivision (c)(1) of GS 58-10-345, regarding a business entity seeking a license to do business in this state as a captive insurance company, and amends subsection (d), regarding a captive insurance company desiring to amend its organizational documents to delete the phrases "an acknowledgement letter" and "acknowledgement letter"each time they appear and replace them with "a certificate of filing"or "certificate of filing," respectively. Amends subsection (f) to add a new subdivision (3), providing that organizational documents that are filed with the Secretary of State (Secretary)continue to be non-confidential public records in the Secretary's office.
Amends GS 58-10-380(k), to require that at the time acompany organized as a stock insurer files an election for conversion to a nonprofit corporation, itmust file articles of conversions (was, amended and restated articles of incorporation)including articles of incorporation consistent withnew Part 9and all other applicable state lawswith the Commissioner of Insurance andthe Secretary.
The Daily Bulletin: 2013-05-06
House amendment makes the following changes to the 3rd edition.
Provides that noise ordinances enforced on the waters of Lake Norman, pursuant to this act, do not apply to boat engine noise.
Intro. by Jeter. | Iredell, Mecklenburg |
House committee substitute makes the following changes to the 1st edition.
Deletes language that provided that a public notice of an intended lease was not required when councils approve a lease for the siting and operation of specified facilities for up to 20 years.
Amends the enactment clause, providing that this act is effective when it becomes law and applies to leases entered into on or after that date.
House committee substitute to the 1st edition makes the following changes. Instead of repealing SL 1983-505, amends SL 1983-505 as follows. Provides that the Board of Trustees of the Local Fireman's Relief Fund of the City of Wilmington must, prior to January 1, transfer to the Fireman's Benefit Fund all funds belonging to the Local Fireman's Relief Fund in excess of $15,000 for the 2013 calendar year, in excess of $30,000 for the 2014 calendar year, and in excess of the amount transferred the previous year increased by $15,000 in each calendar year thereafter until the balance in the Local Firemen's Relief Fund reaches $105,000. Makes conforming changes. Provides that each surviving spouse or beneficiary of a fireman who is receiving retirement or disability benefits from the Firemans' Pension Fund of Wilmington or the NC Local Governmental Employees Retirement System on June 30, 2013 (previously, no date included) is to receive the specified supplemental benefit. Provides that none of the act's provisions create a liability for the Wilmington (was, New Hanover) Firemen's Benefit Fund unless sufficient current assets are available to pay fully for the liability. Updates statutory references. Updates the act's title.
Intro. by Davis, Hamilton. | New Hanover |
House committee substitute to the 1st edition makes the following changes. Further amends SL 2007-112, Section 2(i), to provide that Carteret County may not accumulate a balance of tax proceeds for beach nourishment in excess of $30 million.
Intro. by McElraft. | Carteret |
House committee substitute makes the following changes to the 1st edition.
Makes changes to Article III, Sec 3.2, of the Cramerton Town Charter (Charter)pertaining to the terms of office and related provisions for the election of the board of commissioners.
Amends Article V, Section 5.5, of the Charter to provide that the town manager's authority includes assigning administrative duties to the town clerk. Amends Section 5.7 to clarify that the town manager (was, town) mayauthorize other appointments.
Intro. by Bumgardner. | Gaston |
The Daily Bulletin: 2013-05-06
Actions on Bills: 2013-05-06
H 46: HONOR ED JONES.
H 55: REFORM WORKFORCE DEVELOPMENT.
H 101: SPECIAL LICENSE PLATE DEVELOPMENT PROCESS.
H 149: CAYLEE'S LAW/REPORT MISSING CHILDREN.
H 172: CLARIFY LEC PROCEDURES/TC.
H 179: JOINT AGENCIES SALES & EXCISE TAX EXEMPTIONS.
H 200: REQUIRE CERTAIN GENERAL REAPPRAISALS.
H 220: DESIGNATE NC FRAGILE X AWARENESS DAY.
H 254: ZONING CHANGES/NOTICE TO MILITARY BASES.
H 300: CITIES/PUBLIC TRUST RIGHTS.
H 330: PLANNED COMMUNITY ACT/DECLARANT RIGHTS.
H 357: RETIREMENT GOVERNANCE CHANGES ACT OF 2013.-AB
H 358: RETIREMENT TECHNICAL CORRECTIONS.-AB
H 361: JUSTICE REINVESTMENT TECHNICAL CORRECTIONS.-AB
H 433: LAND USE SURROUNDING MILITARY INSTALLATIONS.
H 444: CONFIRM ANDREW T. HEATH TO INDUSTRIAL COMM.
H 457: TAXPAYER STANDING ACT.
H 459: CHRONIC CARE COORDINATION ACT.
H 460: EXPEDITE VOTER LIST MAINTENANCE.
H 462: INCREASE FAMILY COURT FEE.
H 476: REWRITE UNDERGROUND DAMAGE PREVENTION ACT.
H 480: ENVIRONMENTAL PERMITTING REFORM.
H 484: PERMITTING OF WIND ENERGY FACILITIES.
H 492: SAFEGUARD QUALIFIED INDIVIDUALS-MEDICAID PCS (NEW).
H 505: EXTEND DSWC ANIMAL WASTE INSPECTIONS (NEW).
H 515: AMEND CREDIT UNION LAWS.
H 532: NO DRINKING IN EMS & LAW ENFORCEMENT VEHICLES.
H 610: MODIFY REQUIREMENTS FOR IN-STAND BEER SALES.
H 611: SUSPENSION REMOVED WHEN ELIGIBILITY MET.
H 616: TRANSITIONAL MORTGAGE LOAN ORIGINATOR.
H 648: VOTE CENTERS FOR SECOND PRIMARIES.
H 649: SMALL GROUP HEALTH INS. TECHNICAL CHANGES.
H 677: CONSOLIDATION OF CERTAIN FIRE DISTRICTS (NEW).
H 687: HOMELESS SHELTERS/REMOVE AGE LIMITS.
H 692: AMEND PREDATORY LENDING LAW.
H 696: HONOR THORLO'S FOUNDERS.
H 700: OMNIBUS STATE IT GOVERNANCE CHANGES.
H 712: CLARIFYING CHANGES/SPECIAL ED SCHOLARSHIPS
H 734: INTERSTATE AGREEMENTS TO IMPROVE VOTER ROLLS.
H 755: LEGAL NOTICES/REQUIRE INTERNET PUBLICATION
H 762: AMEND CERTAIN BAIL BOND PROCEDURES.
H 774: BUILDING CODE EXCLUSION/PRIMITIVE STRUCTURES.
H 778: IMPLEMENT EFFICIENCES IN STATE GOVERNMENT.
H 779: LRC STUDY INFRASTRUCTURE/FORECLOSED PROPERTY (NEW).
H 783: PYROTECHNICS TECHNICAL AND CONFORMING CHANGES.
H 784: WORTHLESS CHECK/PRESENT CASHED CHECK.
H 821: TRIAD FARMERS MKT/RENAME FOR SEN. BOB SHAW.
H 829: SALE OF GROWLERS BY CERTAIN ABC PERMITTEES.
H 830: ADOPT STATE SYMBOLS.
H 834: MODERN STATE HUMAN RESOURCES MANAGEMENT/RTR (NEW).
H 839: PUBLIC SCHOOL REPORTING REFORM.
H 866: PPROM AWARENESS.
H 872: PROTECT NC RIGHT-TO-WORK.
H 930: DOG BREEDING STDS./LAW ENFORCEMENT TOOLS.
H 935: NC PRE-K LAW CHANGES.
H 937: AMEND VARIOUS FIREARMS LAWS.
S 35: HONOR ED JONES.
S 58: CLARIFY STATUTE OF REPOSE (NEW).
S 83: ENCOURAGE VOLUNTEER CARE IN FREE CLINICS.
S 91: PROHIBIT EXPUNCTION INQUIRY.
S 129: LIMIT STATE FACILITIES FINANCE ACT DEBT.
S 279: ESTATES/TRUSTS/GUARDIANSHIP AMENDMENTS.
S 285: DWI CASES/NO ILAC REQUIRED (NEW).
S 287: NOTICE PUBLICATION--CERTAIN LOCAL GOVS. (NEW).
S 301: INCREASE ALLOWED SIZE OF PASSENGER BUSES.
S 320: IMPROVE ED. FOR CHILDREN WHO ARE DEAF.
S 341: AMEND INTERBASIN TRANSFER LAW.
S 354: REVISE AUDITOR'S RESPONSIBILITIES.-AB
S 368: COUNTY/SHERIFF FEE CHANGES/FELONY ESCAPE (NEW).
S 430: CLARIFY ELECTRIC LOAD CONTROL PROCESS.
S 443: DISPOSITION OF ABANDONED FIREARMS (NEW).
S 476: NC CAPTIVE INSURANCE ACT.
S 486: PERTUSSIS EDUCATION & AWARENESS.
S 489: CONSUMER FINANCE ACT AMENDMENTS.
S 493: 2014 REGULATORY REFORM ACT (NEW).
S 507: ELIMINATE OUTDATED ENV. REPORTS.
S 547: ENERGY SAVINGS CONTRACTING AMENDMENTS.
S 557: NC PRE-K FUNDING PILOT (NEW).
S 558: TREASURER'S INVESTMENTS.
S 574: GROUNDWATER CONTAMINATION/MODIFY RESPONSE (NEW).
S 612: REGULATORY REFORM ACT OF 2013.
S 613: CREATE MILITARY AFFAIRS COMMISSION.
S 634: INCREASE PENALTIES/UTILITIES THEFT (NEW).
S 635: TRANSMISSION LINE OWNERSHIP.
Actions on Bills: 2013-05-06
H 133: CHARLOTTE AIRPORT COMMISSION CLARIFICATIONS.
H 186: TOWNS ENFORCE NOISE ORDINANCES/LAKE NORMAN (NEW).
H 196: WS/FC SCHOOL BOARD VACANCIES.
H 347: AMEND GREENSBORO FIRE RETIREMENT/CHARTER (NEW).
H 375: INCREASE ALLOWED SIZE OF PASSENGER BUSES.
H 418: BUNCOMBE CULTURE & REC. AUTHORITY (NEW).
H 471: VANCE/WARREN/RENEWABLE ENERGY FACILITY SITING.
H 551: AMEND WILMINGTON FIREFIGHTERS' RELIEF FUND.
H 553: AMEND CARTERET CO. OCCUPANCY TAX.
H 562: CRAMERTON CHARTER REVISAL.
H 671: MILLS RIVER/DEANNEXATION.
S 226: REPEAL 1935 DURHAM CO. FIREARM ACT (NEW).
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