The Daily Bulletin: 2013-05-13

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The Daily Bulletin: 2013-05-13

PUBLIC/HOUSE BILLS
H 26 (2013-2014) STRENGTHEN LAWS/VEHICLE THEFT. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE LAWS PROTECTING AGAINST THE THEFT OF VEHICLES FOR DISASSEMBLY AND RESALE OF PARTS AND TO ASSIST LAW ENFORCEMENT IN THE INVESTIGATION OF ORGANIZED CRIMINAL ACTIVITY ASSOCIATED WITH THE THEFT OF VEHICLES.

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

Provides that a secondary metals recycler or salvage yard may purchase a motor vehicle without a certificate of title if the motor vehicle is 10 (was 12) model years old or older and the secondary metals recycler or salvage yard complies with specified requirements.

Intro. by T. Moore.GS 14, GS 20
H 60 (2013-2014) TRANSFER OF INDIAN CULTURAL CENTER PROPERTY. Filed Jan 31 2013, A BILL TO BE ENTITLED AN ACT TO TERMINATE LEASES AT THE INDIAN CULTURAL CENTER SITE AND THEN SELL OR ALLOCATE CERTAIN PORTIONS OF THE PROPERTY, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

House amendment to the 3rd edition makes the following changes. Requires that $7,300 of the proceeds of the sale be appropriated to the Department of Administration to conduct the appraisal required by the act.

Intro. by Howard.UNCODIFIED
H 92 (2013-2014) GSC TECHNICAL CORRECTIONS 2013. Filed Feb 12 2013, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE ADDITIONAL TECHNICAL AND OTHER CHANGES TO THE GENERAL STATUTES AND SESSION LAWS.

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

Changes the long title.

Enacts new subsection, GS 83A-3(c), providing that the Board of Architecture (Board) has the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Provides that collateral pledged by the Board for an encumbrance will be limited to the assets, income, and revenues of the Board.

H 168 (2013-2014) DIVISION OF ATTY'S FEES IN WORKERS' COMP (NEW). Filed Feb 27 2013, A BILL TO BE ENTITLED AN ACT GRANTING THE NORTH CAROLINA INDUSTRIAL COMISSION JURISDICTION TO DECIDE DISPUTES BETWEEN AN EMPLOYEE'S PAST AND CURRENT ATTORNEYS REGARDING THE DIVISION OF A FEE AS APPROVED BY THE COMMISSION.

House committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces it with the following. Amends GS 97-90(f) to require the Industrial Commission to hear and determine disputes between an employee's current and past attorney regarding the division of a fee as approved under the statute (legal and medical fees to be approved by Commission; misdemeanor to receive fees unapproved by Commission, or to solicit employment in adjusting claims; agreement for fee or compensation). Provides for the right of appeal for an attorney who is party to an action under the new subsection.

Intro. by Murry. GS 97
H 201 (2013-2014) BUILDING REUTILIZATION FOR ECONOMIC DEV. ACT. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE APPLICABILITY OF THE ENERGY CONSERVATION CODE TO CERTAIN EXISTING NONRESIDENTIAL BUILDINGS, TO CLARIFY STORMWATER PROGRAM IMPERVIOUS SURFACE CALCULATIONS FOR REDEVELOPMENT, TO CREATE AN EXEMPTION FROM THE NORTH CAROLINA ENVIRONMENTAL PROTECTION ACT FOR THE REOCCUPATION OF AN EXISTING BUILDING OR FACILITY, AND TO AMEND THE STATUTE GOVERNING THE DEPARTMENT OF COMMERCE RURAL ECONOMIC DEVELOPMENT DIVISION.

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

Makes the provisions of this act no longer applicable to the North Carolina State Building Code Residential Code (Residential Code), deleting requirement that the Building Code Council adopt an energy conservation part for the Residential Code identical to the energy conservation part contained in the 2009 Residential Code. Also deletes provision that repeals the energy conservation part of the 2012 Residential Code. Makes additional conforming changes. Makes a technical correction to include all effective dates in a single section and makes conforming changes to the effective date to reflect amendments to the provisions of the act.

Intro. by Torbett. UNCODIFIED
H 267 (2013-2014) CAPTIVE INSURANCE AMENDMENTS (NEW). Filed Mar 7 2013, AN ACT TO AMEND LAWS GOVERNING CAPTIVE INSURANCE COMPANIES AND RISK RETENTION GROUPS, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE.

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

The 1st edition required the Turnpike Authority (Authority)to collect tolls on any existing interstate highways under specified conditions. Amends GS 136-89.198 to instead provide that the Authority may collect tolls on existing interstate highway capacity if specified conditions are met. Amends two of those conditions torequire that the Authority (1) continuously maintain the same number of general non-toll lanes on the affected segment that were availablebefore theimposition of any tolls and maintain access to non-toll lanes at all times during repairs or maintenance of non-toll lanesand (2) usethe revenue generated from the tolls to increase capacity on the portion of the interstate highway where the toll is collected.

Deletes requirement that the revenue generated from the collected tolls be used by the Authority to repair and maintain the interstate on which the tolls were collected.

Provides that the provisions of this act apply to any construction project on an existing interstate highway after the effective date of this act.

Amends the title of the act.

Intro. by Collins, Torbett, Floyd, Wray. GS 136
H 428 (2013-2014) NORTH CAROLINA SCHOOL BUS SAFETY ACT. Filed Mar 26 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE PUNISHMENT FOR PASSING A STOPPED SCHOOL BUS IN VIOLATION OF G.S. 20-217 SHALL INCLUDE A FINE IN ALL CIRCUMSTANCES, A REVOCATION OF THE PERSON'S DRIVERS LICENSE IN CERTAIN CIRCUMSTANCES, AND DISQUALIFICATION OF THE PERSON'S COMMERCIAL DRIVING PRIVILEGES IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE DIVISION OF MOTOR VEHICLES SHALL WITHHOLD THE REGISTRATION RENEWAL OF A PERSON WHO FAILS TO PAY ANY FINE IMPOSED PURSUANT TO G.S. 20-217; AND TO ENCOURAGE LOCAL BOARDS OF EDUCATION TO USE THE PROCEEDS OF ANY FINES COLLECTED FOR VIOLATIONS OF G.S. 20-217 TO PURCHASE AUTOMATED CAMERA AND VIDEO RECORDING SYSTEMS TO INSTALL ON SCHOOL BUSES.

House committee substitute to be summarized.

Intro. by Hanes, Lambeth.
H 477 (2013-2014) ALLISON'S LAW/USE OF GPS TRACKING DEVICE/DVPO. Filed Mar 28 2013, A BILL TO BE ENTITLED AN ACT ALLOWING A COURT TO CONSIDER AS A TYPE OF RELIEF IN GRANTING A DOMESTIC VIOLENCE PROTECTIVE ORDER THE USE OF A GPS TRACKING DEVICE ON A PERSON WHO HAS COMMITTED ACTS OF DOMESTIC VIOLENCE AND REQUIRING THE NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY TO REPORT ON IMPLEMENTATION AND COST IMPACT.

House amendment to the 2nd edition makes the following changes. Adds the North Carolina Coalition Against Domestic Violence to those entities that the Department of Public Safety must consult with on recommendations regarding implementation and cost impact of allowing a court to order electronic monitoring of a defendant who has committed domestic violence.

Intro. by Lambeth, S. Ross, Schaffer. GS 50B
H 480 (2013-2014) ENVIRONMENTAL PERMITTING REFORM. Filed Mar 28 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE REGULATORY CERTAINTY FOR NORTH CAROLINA BY REQUIRING THE DEVELOPMENT OF MINIMUM DESIGN CRITERIA FOR STORMWATER PERMITS TO GUIDE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN PERMIT ISSUANCE AND TO REFORM THE PERMITTING PROCESS TO ALLOW A FAST-TRACK PERMITTING PROCESS FOR APPLICATIONS CERTIFIED BY A QUALIFIED PROFESSIONAL TO BE IN COMPLIANCE WITH THE MINIMUM DESIGN CRITERIA.

House committee substitute makes the following changes to the 2nd edition.

Requires that the Minimum Design Criteria (MDC) developed by theDepartment of Environment and Natural Resources (DENR) for stormwater programs must include all requirements for siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary for DENR to issue stormwater permits that comply with state water quality standards adopted under GS 143-214.1, GS 143-214.7, and GS 143-215.3(a)(1). Makes a conforming change to proposed GS 143-214.7B requiring that permits issued under the fast-track permitting process also comply with the state water quality standards adopted under the cited statutes.

Intro. by Millis, Moffitt, Catlin, Hardister. GS 143
H 623 (2013-2014) MODIFY WEIGHT LIMITS FOR LINE TRUCKS. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO MODIFY THE VEHICLE WEIGHT LIMITS FOR A SINGLE AXLE TRUCK OWNED, OPERATED BY, OR UNDER CONTRACT TO A PUBLIC UTILITY OR ELECTRIC OR TELEPHONE MEMBERSHIP CORPORATION AND USED IN CONNECTION WITH THE INSTALLATION, RESTORATION, OR MAINTENANCE OF UTILITY SERVICES IN CERTAIN AREAS.

House committee substitute to the 1st edition makes the following changes. Amends GS 20-118(c)(17) to modify one of the conditions that must be met in order to be exempt from the weight limitations and penalties in (b) and (e) to require that the truck be used in connection with the installation, restoration, or maintenance of utility services within a county located wholly or partly west of I-77 (was, in a portion of the state), and the terrain, road widths, and other naturally occurring conditions prevent the safe navigation and operation of a truck with more than a single axle or using a trailer.

Changes the effective date of the act from when it becomes law to January 1, 2014.

Intro. by Presnell.GS 20
H 626 (2013-2014) NOTIFY LAW ENFORCEMENT OF TOWED VEHICLES (NEW). Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO PROMPTLY NOTIFY LOCAL LAW ENFORCEMENT AGENCIES OF CERTAIN INFORMATION ABOUT VEHICLES THAT HAVE BEEN TOWED AT THE DIRECTION OF A PERSON OTHER THAN THE OWNER OR OPERATOR OF THE VEHICLE.

House committee substitute to the 1st edition makes the following changes. Amends proposed GS 20-21.11(a1) to make a tower provide specified information, when a vehicle is towed as provided in GS 20-219.10, to the local law enforcement agency having jurisdiction through calling the phone number designated by the local law enforcement agency having jurisdiction (was, provide the specified information to the local 911 call center). Makes conforming changes, replacing the local 911 call center with local law enforcement agency having jurisdiction. Updates the act's titles.

Intro. by Moffitt.GS 20
H 628 (2013-2014) PROTECT/PROMOTE LOCALLY SOURCED BLDG. MTRL'S (NEW). Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE NET SAVINGS IN ASSOCIATION WITH MAJOR FACILITY CONSTRUCTION AND RENOVATION PROJECTS AND PROTECT USE OF NORTH CAROLINA PRODUCTS IN MAJOR FACILITY CONSTRUCTION AND RENOVATION PROJECTS UNDER THE SUSTAINABLE ENERGY-EFFICIENT BUILDINGS PROGRAM.

House amendment to the 2nd edition makes the following changes. Changes the act's effective date from when the act becomes law to October 1, 2013.

Intro. by Presnell. GS 143
H 675 (2013-2014) AMEND PHARMACY LAWS. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT AMENDING LAWS PERTAINING TO THE REGULATION OF PHARMACY TECHNICIANS, PHARMACY AUDITS, AND PRESCRIPTIONS FOR SCHEDULE II SUBSTANCES.

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

Amends the enactment clause, providing that Sections 2 (amending GS 90-85.15A) and 5 (amending GS 90-106) apply to acts occurring, and Sections 3 (amending GS 90-85.50) and 4 (amending GS 90-85.52) apply to audits commencing, on or after October 1, 2013.

Intro. by Murry, Martin, Wray, Wilkins.GS 90
H 684 (2013-2014) INCREASE DRIVEWAY SAFETY ON CURVY ROADS. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO INCREASE DRIVEWAY SAFETY ON CURVY ROADS.

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

Provides that the Department of Transportation (DOT) will consider exceptions to the sight distance requirement for driveway locations in instances where the curves of the road are close and frequent (previous edition required DOT to amend its policies on driveway access). Provides that exceptions will be granted in instances where sufficient sight distance can be provided or established through other means. Establishes that the DOT will consider lowering the speed limit on the relevant portion of the road, when appropriate.

Provides that this act only applies to sections of roadway where the minimum sight distance, as defined in  "Policy on Street and Driveway Access to North Carolina Highways," is not available for a proposed driveway.

Intro. by Elmore, Stevens.UNCODIFIED
H 727 (2013-2014) ALT. PROCEDURE FOR OBTAINING SALVAGE TITLE. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW THE DIVISION OF MOTOR VEHICLES TO ISSUE A SALVAGE CERTIFICATE OF TITLE TO AN INSURANCE COMPANY OR USED CAR DEALER IN CERTAIN SITUATIONS WHERE THE INSURANCE COMPANY OR USED CAR DEALER IS UNABLE TO OBTAIN THE ORIGINAL CERTIFICATE OF TITLE FROM THE OWNER OF THE MOTOR VEHICLE.

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

Amends (b)(2), Transfer to Insurer of GS 20-109.1, Surrender of titles to salvage vehicles, providing that in cases where a salvage vehicle owner doesn't give certificate of title to the insurer within 30 days of payment of the claim and the insurer seeks to transfer title to a buyer, if the records of the DMV show there is an outstanding lien against the vehicle immediately before the payment of the claim and if the payment was made to a lienholder or to a lienholder and the owner jointly, the proof of payment must include evidence that funds were paid to the first lienholder shown in the records of the DMV. Clarifies that notice is to be sent to the address on record with the DMV.

Provides that a request to have the DMV send the used motor vehicle dealer a form to transfer the title, in cases of abandoned vehicles, must be accompanied by a copy of the notice required by GS 20-109.1(e1) and proof of delivery of the notice sent to the owner and lienholder.

 

Intro. by Hamilton.GS 105, GS 20
H 759 (2013-2014) REQUIRED NUMBER OF OPERATING BRAKE LIGHTS. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT MOTOR VEHICLES MUST HAVE AT LEAST ONE WORKING STOP LAMP ON EACH SIDE OF THE REAR OF THE VEHICLE AND TO MAKE OTHER CLARIFYING CHANGES.

House committee substitute to the 1st edition makes the following changes. Amends GS 20-129 to change the vehicles to which the requirements apply, to motor vehicles manufactured after December 31, 1970 (was, December 31, 1955).

Intro. by Stam, B. Brown.GS 20
H 773 (2013-2014) LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT REVISING THE CONDITIONS UNDER WHICH COUNTIES AND CITIES MAY INSPECT BUILDINGS OR STRUCTURES.

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

Amends GS 153A-364 and GS 160A-424, Inspections for hazardous or unlawful conditions, establishing limitations on the aggregate of targeted areas, in a county or city, in which inspections pursuant to a targeted effort to respond to blighted or potentially blighted conditions are conducted. Provides that the total aggregate of the targeted areas cannot be greater than one square mile or 5% of the area within the county, whichever is greater. Further establishes that the targeted area designated by the city or county must reflect the city's or county's neighborhood revitalization strategy and address significant levels of disrepair.

Provides that a city or county cannot adopt or enforce any ordinance requiring an owner or manager of rental property to obtain a permit or permission to lease or rent residential real property or register rental property except in regards to individual rental units that have more than seven verified violations (was, three for counties and two for cities) of housing ordinances or codes in a rolling 12 month period (previously, was not a rolling 12 month period) or upon the property being identified within the top 4% of properties with crime or disorder problems, or an individual unit with two or more violations in a rolling 30-day period (previously, the exception for two or more violations in a 30-day period was not included).  Provides that a city or county cannot levy a special fee or tax on residential rental property that is not also levied against other commercial and residential properties, except as authorized by the General Assembly (previously, an exception for the General Assembly authorization was not included).

Amends GS 153A-364 and GS 160A-424, deleting specified language in the definition of the term verified that was concerned with the non-renewal of a tenant's lease after a court finds against an owner or manager in a summary ejectment action.

Enacts new GS 153A-364(g) and (h) and GS 160A-424(g) and (h), providing that if an individual unit has a violation of GS 42-42(a)(8) and that violation cannot be corrected or cured under this section, it will be considered a verified violation. Also provides that if a city or county takes action against a unit under this section, the city or county must provide an independent review process, with an independent decision maker, where the unit owner can appeal the violation that is determined to be the responsibility of the owner.

Intro. by W. Brawley, Moffitt, Hardister, Brisson.GS 153A, GS 160A
H 774 (2013-2014) BUILDING CODE EXCLUSION/PRIMITIVE STRUCTURES. Filed Apr 10 2013, A BILL ENTITLED AN ACT TO EXEMPT CERTAIN PRIMITIVE STRUCTURES FROM THE BUILDING CODE

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

Changes the long title.

Deletes the provisions of the previous edition.

Amends GS 143-138, North Carolina State Building Code, providing that building rules also do not apply to primitive camps or to primitive farm buildings. Adds and defines primitive camp and primitive farm building for the purposes of the subsection.  Makes conforming changes.

 

 

Intro. by Jordan, McGrady, Dollar. GS 143
H 802 (2013-2014) LANDLORD/TENANT/SHORTEN EVICTION TIME. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT AMENDING THE LAWS RELATED TO LANDLORD AND TENANT RELATIONSHIPS TO SHORTEN THE TIME PERIOD REQUIRED TO EVICT A TENANT.

House amendments make the following changes to the 2nd edition.

Amendment #1 amends proposed subsection (b) of GS 7A-223 toprohibit the magistrate in a summary ejectment action from continuing the case for more than five days or until the next session of small claims court, whichever is longer, without the consent ofboth parties (was, no continuance more than five days without the consent of both parties).

Amendment #2 deletes changes to GS 42-28 regarding the issuance of a summons in a summary ejectment action by the clerk and deletes changes to GS 42-29 regarding the service of summons in a summary ejectment action.

Makes conforming changes to renumber the sections of the act accordingly.

Intro. by Earle, T. Moore, W. Brawley, Cunningham.GS 7A, GS 42
H 832 (2013-2014) EXPAND PHARMACISTS' IMMUNIZING AUTHORITY. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO PROTECT THE PUBLIC'S HEALTH BY INCREASING ACCESS TO IMMUNIZATIONS AND VACCINES THROUGH THE EXPANDED ROLE OF IMMUNIZING PHARMACISTS.

House amendment makes the following change to the 2nd edition. Makes a technical correction to new GS 90-85.15B.(3) to delete an extraneous preposition.

Intro. by Avila, Lewis, Foushee, Glazier.GS 90, GS 130A
H 842 (2013-2014) STUDY OF SPIRITOUS LIQUOR SALES-DISTILLERY (NEW). Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO STUDY THE SALE OF SPIRITUOUS LIQUOR BY THE HOLDER OF A DISTILLERY PERMIT TO PATRONS WHO HAVE PARTICIPATED IN A TOUR OF A DISTILLERY.

House committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces it with the following. Establishes the eight-member Study Committee on Spirituous Liquor Sales by Distilleries to Tour Patrons (Committee) and specifies appointment of the Committee members. Requires the Committee to study the feasibility of and associated costs and benefits associated with allowing distillery permit holders to sell spirituous liquor distilled at the distillery to patrons participating in distillery tours. Provides for Committee cochairs, powers, and staffing. Requires a final report to the 2013 General Assembly when it reconvenes in 2014. Terminates the Committee upon the earlier of filing of the final report or adjournment sine die. Updates the act's titles.

Intro. by J. Bell, Moffitt, B. Brown, G. Graham. STUDY
H 857 (2013-2014) PUBLIC CONTRACTS/CONSTRUCTION METHODS/DB/P3. Filed Apr 11 2013, A BILL TO BE ENTITLED AN ACT AUTHORIZING PUBLIC CONTRACTS TO UTILIZE THE DESIGN BUILD METHOD OR PUBLIC PRIVATE PARTNERSHIP CONSTRUCTION CONTRACTS.

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

Changes the long title.

Amends GS 143-64.31, providing that, for purposes of this Article, the definitions in GS 143-138.1B and GS 143-128.1C apply. Makes an organizational change.

Amends GS 143-64.32, establishing that projects with an estimated professional fee of less than $50,000 (was $30,000) can be exempt from the provisions of this Article.

Amends GS 143-128(a1), adding a new subsection, expanding the list of authorized construction methods for which the state, a county, a municipality, or other public body must award contracts to erect, construct, alter, or repair buildings to include design-build bridging contracts pursuant to GS 143-128.1B. Makes a technical change.

Amends GS 143-128.1A, making technical and conforming changes. Provides that a governmental entity must establish in writing the criteria for determining when the design-build method is appropriate. Enumerates criteria for determining an appropriate design-build method, including a new criteria requiring a good faith effort to comply with specified provisions and to recruit and select small business entities. Makes a technical deletion. Deletes clause stating that the purpose of requiring a public notice of information for government projects is for fair and open competition. Makes organizational changes. Deletes the requirement that a government entity must provide the state construction office with a copy of the public notice before or when it is issued.  Makes various changes to the design-build evaluation and selection process.

Enacts new GS 143-128.1B, entitled Design-Build bridging contracts, providing the definitions for use in the section, including design-build bridging, design-builder, design criteria, design professional, first tier subcontractor, and governmental entity. Requires a governmental entity to establish in writing the criteria used for determining when it is appropriate to use a design criteria design professional for certain projects. Sets outs the minimum requirements for what the criteria must address, including any time constraints for the delivery of the project and the ability to ensure that a quality project can be delivered. Requires a governmental entity to select a design professional, prior to entering into a contract for design-build services, to serve as its representative for the procurement process. Sets out the duties and responsibilities of the design criteria design professional, including preparing a design criteria package equal to 35% of the completed design documentation. Sets out the other required parts of the design criteria package. Requires a public notice of the request for proposals and sets out 10 items of general information that must be included in the notice, including the project site and the project scope. Sets out further design-build contractor selection requirements.

Enacts new GS 143-128.1C, Public-private partnership construction contracts, which was previously included in the 1st edition as GS 143-128.1B, with technical, clarifying, and conforming changes. Adds and defines the terms state entity and state supported financing arrangement. Provides that a governmental entity, that is a public body, must determine that it has a critical need for a capital improvement project (CIP) in an open meeting of that public body. Also requires development contracts to specify the responsibility to put forth a good faith effort to comply with specified provisions regarding minority and small business entities. Specifies bonding requirements, including requiring a payment bond in the amount of 100% (was 125%) of the total anticipated amount of the construction contracts to be entered into between the private developer and the contractors to design or contract the required improvements. Provides that if a payment bond is obtained for a development contract and maintained throughout the public-private project, then the provisions of Article 2 of Chapter 44A will not apply to that public-private project.

Provides new provisions requiring a governmental entity to make a summary of the development contract terms available, with directions on how to obtain or access the complete development contract. Also sets out requirements for the approval and requirements of capital and operating leases. Establishes exceptions to the applicability of this section.

Amends GS 143-128.1, Construction management at risk contracts, incorporating good faith effort requirements for minority business participation and small business solicitation requirements into the section.

Provides that this act is effective October 1, 2013, and applies to projects bid on or after that date, and public-private development contracts entered into on or after that date. This act expires on July 1, 2019.

 

Intro. by Arp, Bryan, Moffitt, Hager.GS 143
H 918 (2013-2014) ELECTIONEERING AND IE REPORTING CHANGES. Filed Apr 11 2013, A BILL TO BE ENTITLED AN ACT TO ALTER THE REPORTING SCHEDULE FOR INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS TO PROVIDE INFORMATION IN A TIMELY FASHION.

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

Amends subsection (a) of GS 163-278.12to requirean individual or entity incurring expenses in excess of $1,000 (was, $300)for making independent expenditures, but not otherwise required to report them,to file a statement of such expenditures with the appropriate board of elections. Makes conforming changes to subdivisions (1) and (2) of subsection(d) of this section, regarding the requirements for making an initial report of independent expenditures as required under this section. Deletes provision that required reporting the incurring of expenses or receipt of donations exceeding $1,000 within 48 hours to further independent expenditures. Adds new subsection (h) to provide that the amounts in subsection (a) and subdivision (d)(1) of this section is $300, and not $1,000, if the independent expenditures pertain to a municipal election or a municipalcandidate.

Intro. by Lewis, D. Ross, Luebke.GS 163

The Daily Bulletin: 2013-05-13

PUBLIC/SENATE BILLS
S 127 (2013-2014) ENERGY/ECONOMIC DEVELOPMENT MODIFICATIONS (NEW). Filed Feb 21 2013, AN ACT TO (1) PERMIT THE DEPARTMENT OF COMMERCE TO CONTRACT WITH A NORTH CAROLINA NONPROFIT CORPORATION FOR THE PERFORMANCE OF CERTAIN ECONOMIC DEVELOPMENT FUNCTIONS; (2) MODIFY THE NORTH CAROLINA BOARD OF SCIENCE AND TECHNOLOGY; (3) CREATE COLLABORATION FOR PROSPERITY ZONES; (4) REQUIRE CERTAIN LIAISONS IN EACH COLLABORATION FOR PROSPERITY ZONE; (5) STUDY COMMISSION ON INTERAGENCY COLLABORATION FOR PROSPERITY; (6) MODIFY REPEAL OF CERTAIN REGIONAL ECONOMIC DEVELOPMENT COMMISSIONS; (7) AUTHORIZE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ISSUE PERMITS ON OR AFTER JULY 1, 2015, FOR OIL AND GAS EXPLORATION AND DEVELOPMENT ACTIVITIES IN THE STATE, INCLUDING THE USE OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING TREATMENTS FOR THAT PURPOSE; AND (8) PROVIDE A TAX FOR THE SEVERANCE OF ENERGY MINERALS FROM THE SOIL OR WATER OF THE STATE, REPEAL OUTDATED OIL AND GAS TAX STATUTES, AND AUTHORIZE THE SUSPENSION OF PERMITS FOR FAILURE TO FILE A RETURN FOR SEVERANCE TAXES.

Senate amendment to the 2nd edition makes the following changes. Makes a clarifying technical change.

Intro. by Brown. GS 120, GS 143, GS 143B, GS 158
S 292 (2013-2014) IMMEDIATE LICENSE REVOCATION FOR REFUSAL. Filed Mar 13 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT WHERE A PERSON HAS COMMITTED AN IMPLIED-CONSENT OFFENSE AND APPLICABLE LAW REQUIRES A MANDATORY REVOCATION OF THE PERSON'S DRIVERS LICENSE, A REQUEST FOR A HEARING DOES NOT STAY THE REVOCATION PERIOD, WHICH SHALL BE IMMEDIATELY IMPOSED UNDER CERTAIN CIRCUMSTANCES.

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

Amends GS 20-16.2(d) to clarify that a person whose license is administratively revoked under GS 20-16.2may request a hearing but that request does not stay the revocation of the person's license if the person has had a civil procedure under eitherthe procedures in subsection (e) or (f) of GS 20-16.5 and the judicial official (e) or the clerk (f) found that there was probable cause to believe that specified conditions concerning that the person willfully refused to submit to a chemical analysis. Also clarifies that the hearing officer may subpoena any witnesses or documents that the hearing officer believes necessary before a requested hearing.

Amends the bill title.

Intro. by Brunstetter, Rabon. GS 20
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 amendment to the 2nd edition makes the following changes. Amends the act's provisions so that it only applies to a person accused of any noncapital criminal offense. Makes a conforming change to the act's long title.

Intro. by Brunstetter.CONST, GS 15A
S 409 (2013-2014) ASSESS COSTS/RESTRAINING ORDERS (NEW). Filed Mar 25 2013, A BILL TO BE ENTITLED AN ACT TO AMEND PROCEDURES, CLARIFY COSTS AND ATTORNEYS' FEES PROVISIONS APPLICABLE WHEN RELIEF IS NOT ORDERED IN CHAPTER 50B PROTECTIVE ORDER AND CHAPTER 50C NO CONTACT ORDER CASES, AND TO PROVIDE FOR ATTORNEYS' FEES UPON THE GRANT OF RELIEF IN CHAPTER 50C CASES.

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

Delets amendments to GS 50C-1, which removed the defintion for "stalking," and deletes modifications to the definition for "unlawful conduct."

Amends GS 50C-2(b) to provide that in addition to assessing costs to the plaintiff for the filing or service of the complaint, attorneys' fees may also be assessed against the plaintiff if after the presentation of evidence, the court makes specified findings. Amends those findings to include a finding thatthe plaintiff was not a victim in the case (was, the plaintiff (1) initiated the action for an improper purpose to harass the defendantor (2) had knowledge that he or she was not the victim of unlawful conduct). Provides that a plaintiff's failure to comply with procedural requirements in GS Chapter 50C cannot be a basis for a finding that the plaintiff was not a victim.

Deletes previous changes to GS 50C-5(b), which modified language regarding the issuance of orders to cease stalking and to cease harassment of the victim; however, amends subdivision (7) of that subsection to make a conforming change adding the assessment of attorneys' fees to either party as relief that may be granted by the court.Makes organizational changes to GS 50C-8(a).

Amends the act's titles.

Intro. by Tarte. GS 50C
S 465 (2013-2014) PROHIBIT USE OF TAX ZAPPER SOFTWARE. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIMINAL OFFENSE TO SELL, PURCHASE, INSTALL, POSSESS, TRANSFER, USE, OR ACCESS AN AUTOMATED SALES SUPPRESSION DEVICE.

Senate amendment makes the following changes to the 1st edition.

Amends GS 14-118.7, Possession, transfer, or use of automated sales suppression device, providing that the penalty for any person convicted of a violation of this section is a Class H felony and a fine of up to $10,000 (previously, no fine was included).

Intro. by McKissick, Brown, Daniel.GS 14
S 636 (2013-2014) WILDLIFE RESOURCES COMM. PENALTY CHANGES. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE BOATING SAFETY ACT BY INCREASING THE FINES AND OTHERWISE AMENDING THE PENALTY AND OTHER PROVISIONS OF THAT ACT AND BY AMENDING THE PENALTY PROVISIONS FOR SPECIFIC VIOLATIONS OF THE WILDLIFE LAWS; TO AUTHORIZE COUNTIES AND CITIES TO ATTACH AND GARNISH A MEMBER OF THE GOVERNING BODY IF THE COUNTY OR CITY HAS BEEN GRANTED A MONEY JUDGMENT AGAINST THAT MEMBER AND THE MONEY JUDGMENT HAS NOT BEEN SATISFIED; AND TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY CHANGES.

Senate committee substitute to the 1st edition makes the following changes. Deletes proposed changes to GS 75A-6.1(c) and instead amends the subsection to make violation of the navigation rules specified in (a) an infraction (was, a Class 3 misdemeanor).

Amends GS 75A-131.1 (concerning skin and scuba divers in boating waters) to make violation of the statute an infraction (was, Class 3 misdemeanor subject to a maximum $25 fine).

Makes clarifying changes to GS 75A-13.3(b1).

Amends GS 75A-13.3(c3) to provide that a vessel livery that fails to provide basic safety instruction is responsible for an infraction (was, guilty of a Class 3 misdemeanor).

Makes clarifying changes to GS 75A-16.2(c).

Amends GS 75A-17(f) to make violation of requirement to slow to a no-wake speed when passing within 100 feet of a law enforcement vessel displaying a flashing blue light an infraction (was, a Class 3 misdemeanor).

Deletes proposed changes to GS 75A-18 and instead provides that a person who violates a provision of the Boating Safety Act, or a rule adopted under the Chapter's authority, is responsible for an infraction (was, Class 3 misdemeanor subject to a maximum fine of $250).

Amends the act's long title.

Intro. by Newton.GS 75A, GS 113
S 676 (2013-2014) 10 YR. MIN FOR 2ND GUN FELONY CONVICTION. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A PERSON CONVICTED OF A SECOND FELONY INVOLVING THE DISPLAY OR USE OF A FIREARM MAY BE INDICTED AS AN ARMED HABITUAL FELON AND SENTENCED TO A MINIMUM OF TEN YEARS.

Senate committee substitute to the 1st edition makes the following changes. Amends proposed GS 14-7.36 to delete the provision stating that the Article did not apply if the evidence of the use or display of the firearm is needed to prove an element of the firearm-related felony. Makes technical changes.

Intro. by Daniel.GS 14, GS 15A
S 683 (2013-2014) SAFE HARBOR/VICTIMS OF HUMAN TRAFFICKING. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO CREATE A SAFE HARBOR FOR VICTIMS OF HUMAN TRAFFICKING AND FOR PROSTITUTED MINORS, MODIFY THE MEMBERSHIP OF THE NORTH CAROLINA HUMAN TRAFFICKING COMMISSION, AND PROVIDE FOR PAROLE CONSIDERATION OF CERTAIN INMATES SENTENCED UNDER THE FAIR SENTENCING ACT.

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

Amends GS 14-203.1, Definitions, making a technical change to the definition for advance prostitution. Adds prostitute and prostitution as new terms.  Deletes the term and definitions for sexual act. Amends GS 14-203.2, Prostitution, providing that any person who knowingly engages in prostitution is guilty of a Class I misdemeanor.

Amends GS 14-203.2 to provide for conditional discharge for a first offender (was, deferred prosecution). Sets out the requirements and conditions for conditional discharge, the same as previously set out for deferred prosecution in the previous edition. Establishes that discharge and dismissal under this subsection will not be considered as a conviction for the purposes of structured sentencing or for purposes of disqualifications or disabilities imposed by law when convicted of a crime. Minors suspected of or charged with a violation are to be taken into temporary protected custody as undisciplined juveniles under Article 19, GS Chapter 7B.

Amends GS 14-203.3, renaming subsection to Solicitation of prostitution (was, Solicitation of a sexual act), deleting the language of the previous edition. Establishes that any person who solicits another for the purpose of prostitution is guilty of a Class 1 misdemeanor for a first offense and a Class I felony for a second or subsequent offense.  Provides that solicitation of a minor, by anyone 18 years or older, for the purpose of prostitution is a Class C felony and solicitation of a person who is severely or profoundly mentally disabled for the purpose of prostitution is a Class C felony. Makes technical and clarifying changes to the sentencing guidelines of the subsection.

Amends GS 14-203.5, renaming subsection to Promoting prostitution of a minor or mentally disabled person, (was, Promoting prostitution of a minor). Provides that administering drugs or alcoholic intoxicants to a minor or mentally disabled person is without consent if without consent of parent or legal guardian or is performed or permitted (was, performed) by the parent or guardian for other than medical purposes. Amends the forefeiture portion of the statute so that it includes prostitution of a mentally disabled person in the provisions for this section, which previously only applied to prostitution of a minor. Makes clarifying, technical, and conforming changes.

Amends GS 14-203.6, Patronizing a prostitute, establishing that any person who knowingly performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute:

  1. Engaging in vaginal intercourse, any sexual act as found in GS 14-27.1(14), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification, with a prostitute.
  2. Entering or remaining in a place of prostitution with intent to engage in vaginal intercourse, any sexual act in GS 14-27.1(4), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification.

Makes technical and clarifying changes to the sentencing guidelines of the subsection.

Deletes Section 6 of the previous act, which proposed a new subsection GS 14-203.15, Vehicle impoundment.

Amends GS 14-203.7, renaming subsection to Patronizing a minor or mentally disabled person engaged in prostitution, (was, Patronizing a minor engaged in prostitution).  Amends the definition of the offense, providing that any person, 18 years of age or older, that engages in vaginal intercourse, any sexual act as defined in GS 14-27.1(4), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification with a prostitute that is a minor commits the offense of patronizing a minor engaged in prostitution. Similarly, any person that engages in vaginal intercourse, any sexual act as defined in GS 14-27.1(4), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification with a prostitute that is a severely or profoundly mentally disabled person commits the offense of patronizing a mentally disabled person in prostitution. Makes conforming and clarifying changes.

Amends GS 14-203.10, Certain probation conditions, making a technical change.

Amends GS 15A-290(c)(1), making conforming changes.

Enacts new subsection GS 15A-1341(a3), defining deferred prosecution for prostitution, providing that a defendant whose prosecution is deferred pursuant to GS 14-203.2(b) may be placed on probation as provided in this Article.

Amends GS 15A-1342(a1), making conforming changes.

Amends GS 15A-1415(b), making a technical and clarifying change.

Amends GS 15A-1461.1, Motion by the defendant to vacate prostitution conviction for sex trafficking victim, providing that the court can grant the motion if, in the discretion of the court, the violation was a result of the defendant having been a victim of human trafficking or sexual servitude (previously, only included human trafficking). Makes a clarifying change.

Amends GS 15A-145.6, Expunctions for certain defendants convicted of prostitution, changing the definition of a prostitution offense to a conviction for (1) a violation under GS 14-203.2 or (2) engaging in prostitution in violation of GS 14-204(7) for an offense that occurred prior to December 1, 2013. Makes a clarifying change. Amends criteria for expunction to establish that a person can meet one of the following new criteria and qualify to submit a petition if other existing criteria are met: (1) have no prior convictions for a prostitution offense and at least three years has passed since the date of conviction or the completion of any active sentence, period of probation, and post-release supervision, whichever occurs later; (2) the person received a conditional discharge pursuant to GS 14-203.3(b); or (3) participation in the offense was a result of being a trafficking victim under specified statutes or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act. Deletes the requirement that a petition for expunction cannot be filed earlier than three years after the person has served the full sentence imposed on the person.  Deletes language that required the district attorney to make his or her best efforts to contact the victim, if any, to notify the victim of the request for expunction prior to the date of the hearing. Makes a clarifying change. Amends requirements, that if met, requires the court to restore the person to the status occupied prior to the arrest or indictment, providing that the petitioner has to remain of good moral character and be free of conviction of any felony or misdemeanor, other than a traffic violation, since the date of the conviction of the prostitution offense in question (previously, required a three year clean period from the date of the conviction).

Amends GS 15A-150(a), providing that the clerk of superior court must file with the AOC, as soon as practicable, the names of persons granted a conditional discharge under GS 14-203.2.

Amends GS 15A-151(a), making conforming changes, adding references to new GS 15A-145.6, which provides for expunction, establishing to whom information about the specified expunctions can be disclosed.

Amends GS 7B-101(1)(d), making a conforming change.

Amends GS 14-208.6(5), GS 90-210.25B(b), and GS 115C-296(d)(2), discarding changes from the previous edition that deleted language referencing repealed sections GS 14-190.18 and GS 14-190.19, now referencing the sections as former GS 14-190.18 and former GS 14-190.19. Makes conforming changes, adding mentally disabled person to references to GS 14-203.5 and GS 14-203.7.

 

 

Intro. by Goolsby, Barringer, Kinnaird. GS 115C, GS 14, GS 15A, GS 15B, GS 90, GS 114
S 683 (2013-2014) SAFE HARBOR/VICTIMS OF HUMAN TRAFFICKING. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO CREATE A SAFE HARBOR FOR VICTIMS OF HUMAN TRAFFICKING AND FOR PROSTITUTED MINORS, MODIFY THE MEMBERSHIP OF THE NORTH CAROLINA HUMAN TRAFFICKING COMMISSION, AND PROVIDE FOR PAROLE CONSIDERATION OF CERTAIN INMATES SENTENCED UNDER THE FAIR SENTENCING ACT.

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

Amends GS 14-203.7, Patronizing a minor or mentally disabled person engaged in prostitution, deleting language which provided for an affirmative defense to the charge for reasonable belief that the person was age 18 or over or was not severely or profoundly mentally disabled. Makes conforming changes.

Amends GS 15A-1416.1, Motion by the defendant to vacate prostitution conviction for sex trafficking victim,  providing that a motion for appropriate relief (MAR) seeking to vacate a conviction for prostitution based on the grounds set out in GS 15A-1415(b)(10) must be filed in the court where the conviction occurred (previously, provided that the Court of Appeals had jurisdiction to hear an MAR).

 

Intro. by Goolsby, Barringer, Kinnaird. GS 115C, GS 14, GS 15A, GS 15B, GS 90, GS 114

The Daily Bulletin: 2013-05-13

LOCAL/HOUSE BILLS
H 501 (2013-2014) BUNCOMBE CTY/COMMUNITY COLLEGE PROJECTS. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT PROVIDING THAT BUNCOMBE COUNTY IS AUTHORIZED TO CONSTRUCT COMMUNITY COLLEGE BUILDINGS ON THE CAMPUSES OF ASHEVILLE-BUNCOMBE TECHNICAL COMMUNITY COLLEGE WITHIN THE COUNTY.

House amendment to the 1st edition makes the following changes. Adds that the act applies only to construction projects and renovations funded entirely with county funds and coordinated by Buncombe County for College uses and purposes between January 1, 2012, and December 31, 2018.

Intro. by Ramsey, Moffitt.Buncombe
H 1001 (2013-2014) REPEAL STATESVILLE CIVIL SERVICE BOARD. Filed Apr 18 2013, A BILL TO BE ENTITLED AN ACT AMENDING THE CHARTER OF THE CITY OF STATESVILLE TO REPEAL THE CITY'S CIVIL SERVICE BOARD.

House amendment to the 1st edition makes the following changes. Corrects the repeal of Article V of the Statesville Charter to refer to only Section 1 of SL 2007-238 instead of al of SL 2007-238.

Intro. by Rules, Calendar, and Operations of the House.Iredell

The Daily Bulletin: 2013-05-13

ACTIONS ON BILLS

Actions on Bills: 2013-05-13

PUBLIC BILLS

H 13: STATE AGENCY PROPERTY USE/BIENNIAL REPORT.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 05/14/2013

H 26: STRENGTHEN LAWS/VEHICLE THEFT.

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

H 60: TRANSFER OF INDIAN CULTURAL CENTER PROPERTY.

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

H 74: REGULATORY REFORM ACT OF 2013 (NEW).

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

H 92: GSC TECHNICAL CORRECTIONS 2013.

    House: Amend Adopted A1
    House: Passed 2nd Reading

H 168: DIVISION OF ATTY'S FEES IN WORKERS' COMP (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/14/2013

H 201: BUILDING REUTILIZATION FOR ECONOMIC DEV. ACT.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Regulatory Reform
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Regulatory Reform

H 204: UPDATE/MODERNIZE/MIDWIFERY PRACTICE ACT.

    House: Serial Referral To Regulatory Reform Added

H 219: UPDATE REFERENCES/CHILD BORN OUT OF WEDLOCK (NEW).

    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 254: ZONING CHANGES/NOTICE TO MILITARY BASES.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 05/14/2013

H 267: CAPTIVE INSURANCE AMENDMENTS (NEW).

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations
    House: Withdrawn From Com
    House: Re-ref Com On Finance
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations
    House: Withdrawn From Com
    House: Re-ref Com On Finance

H 281: RECORD OF EXCUSALS FROM JURY DUTY.

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

H 311: REPEAL LITERACY TEST.

    House: Passed 2nd Reading

H 336: CONTINUING BUDGET AUTHORITY (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 343: COURTS/PROCEDURE AND FEE AMENDMENTS.-AB

    House: Passed 2nd Reading

H 362: DEPT. OF PUBLIC SAFETY CHANGES.-AB

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary Subcommittee A

H 364: TREAS.DEBT ISSUANCE ACCOUNTABILITY/PED STDY (NEW).

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/13/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 374: RESCIND CONSTITUTIONAL CONVENTION CALLS.

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

H 428: NORTH CAROLINA SCHOOL BUS SAFETY ACT.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/14/2013

H 433: LAND USE SURROUNDING MILITARY INSTALLATIONS.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 05/14/2013

H 440: NORTH CAROLINA BENEFIT CORPORATION ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)

H 442: MUNICIPAL INCORPORATION CHANGES.

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

H 444: CONFIRM ANDREW T. HEATH TO INDUSTRIAL COMM.

    Ratified
    Ch. Res 2013-11

H 473: NC CAPTIVE INSURANCE ACT.

    House: Placed On Cal For 05/14/2013

H 477: ALLISON'S LAW/USE OF GPS TRACKING DEVICE/DVPO.

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

H 480: ENVIRONMENTAL PERMITTING REFORM.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/14/2013

H 552: REMOVE AREA FROM COUNTY SERVICE DISTRICT.

    House: Passed 3rd Reading

H 593: REGISTER OF DEEDS HOURS.

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

H 609: NC CANCER TREATMENT FAIRNESS ACT.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to Health Care. If fav, re-ref to Insurance

H 615: REMOVE REVOCATION FOR DWLR (NEW).

    House: Placed On Cal For 05/14/2013

H 620: STREAMLINE SALES FOR MECHANICS LIENS.

    House: Reptd Without Prejudice
    House: Re-ref Com On Judiciary Subcommittee A

H 623: MODIFY WEIGHT LIMITS FOR LINE TRUCKS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 625: ZONING/HEALTH CARE STRUCTURE.

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

H 626: NOTIFY LAW ENFORCEMENT OF TOWED VEHICLES (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 628: PROTECT/PROMOTE LOCALLY SOURCED BLDG. MTRL'S (NEW).

    House: Amend Adopted A3
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 629: AMEND DEFINITION OF SPECIAL PURPOSE PROJECT.

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

H 656: FORFEITURE FOR SPEEDING TO ELUDE REVISIONS.

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

H 664: CELL TOWER DEPLOYMENT ACT.

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

H 675: AMEND PHARMACY LAWS.

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

H 677: CONSOLIDATION OF CERTAIN FIRE DISTRICTS (NEW).

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

H 684: INCREASE DRIVEWAY SAFETY ON CURVY ROADS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/14/2013

H 698: BACKGROUND CHECKS FOR FIREFIGHTERS.

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

H 727: ALT. PROCEDURE FOR OBTAINING SALVAGE TITLE.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/14/2013

H 759: REQUIRED NUMBER OF OPERATING BRAKE LIGHTS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/14/2013

H 765: JURY INSTRUCTIONS FOR SCHOOL BUDGET DISPUTE.

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

H 773: LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS.

    House: Amend Adopted A1
    House: Passed 2nd Reading

H 774: BUILDING CODE EXCLUSION/PRIMITIVE STRUCTURES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 794: VOTER FREEDOM ACT OF 2013.

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

H 796: EXEMPT CERTAIN COLUMBARIUMS/CEMETERY ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/14/2013

H 802: LANDLORD/TENANT/SHORTEN EVICTION TIME.

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 810: MODIFY CERTAIN CEMETERY REQUIREMENTS.

    House: Added to Calendar
    House: Passed 2nd Reading

H 813: BAN SYNTHETIC CANNABINOIDS (NEW).

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

H 817: STRATEGIC TRANSPORTATION INVESTMENTS (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to Transportation. If fav, re-ref to Finance. If fav, re-ref to Appropriations/Base Budget

H 832: EXPAND PHARMACISTS' IMMUNIZING AUTHORITY.

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

H 842: STUDY OF SPIRITOUS LIQUOR SALES-DISTILLERY (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/14/2013

H 850: POSSESSION OF NEEDLES/TELL LAW OFFICER.

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

H 854: BROADBAND/USF STUDY (NEW).

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

H 857: PUBLIC CONTRACTS/CONSTRUCTION METHODS/DB/P3.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 884: DROPOUT PREV./RECOVERY PILOT CHARTER SCHOOL (NEW).

    House: Serial Referral To Appropriations Stricken
    House: Serial Referral To Appropriations Stricken

H 918: ELECTIONEERING AND IE REPORTING CHANGES.

    House: Amend Adopted A1
    House: Withdrawn From Cal
    House: Postponed To 05/14/2013

H 919: CAMPAIGN FINANCE ELECTRONIC REPORTING.

    House: Placed On Cal For 05/13/2013
    House: Withdrawn From Cal
    House: Postponed To 05/14/2013

H 930: DOG BREEDING STDS./LAW ENFORCEMENT TOOLS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary II. If fav, re-ref to Finance

H 968: INCREASE SUCCESSFUL CTE PARTICIPATION.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Education/Higher Education

H 969: BROADEN SUCCESSFUL AP PARTICIPATION.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Education/Higher Education

H 1002: RAIL CORRIDOR LEASE/TOWN OF BELMONT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 1011: GOVERNMENT REORG. AND EFFICIENCY ACT.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 25: HUNTING & FISHING/ACTIVE DUTY MILITARY.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 05/14/2013

S 32: PERIODIC REVIEW AND EXPIRATION OF RULES.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 05/14/2013

S 73: LOCAL WORKFORCE DEV./DISLOCATED WORKERS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 78: LAW ENFORCEMENT PRIVACY/PUBLIC WEB SITES.

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

S 83: ENCOURAGE VOLUNTEER CARE IN FREE CLINICS.

    Signed by Gov. 5/13/2013
    Ch. SL 2013-49

S 101: WC/INFLATION INDEXING FOR ORGAN INJURY/LOSS (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 107: DECRIMINALIZE DIRECT ENTRY MIDWIFERY.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Health Care

S 127: ENERGY/ECONOMIC DEVELOPMENT MODIFICATIONS (NEW).

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading

S 132: HEALTH CURRICULUM/PRETERM BIRTH.

    Senate: Passed 3rd Reading
    Engrossed

S 193: MODIFY P3 ETHICS REPORTING REQUIREMENTS

    House: Passed 1st Reading
    House: Ref to the Com on Education, if favorable, Finance
    House: Passed 1st Reading
    House: Ref to the Com on Education, if favorable, Finance

S 252: INCREASE PENALTY/CONTROLLED SUBSTANCE CRIMES.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee B

S 264: ABATE NUISANCES/DRUG SALES FROM STORES.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee C

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

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/14/2013

S 292: IMMEDIATE LICENSE REVOCATION FOR REFUSAL.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 321: INMATE COSTS/CT.APPT./NOTARIES.

    House: Rec From Senate

S 327: CLARIFY MOTOR VEHICLE LICENSING LAW.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 370: RESPECT FOR STUDENT PRAYER/RELIGIOUS ACTIVITY (NEW).

    House: Rec From Senate

S 393: CONSTRUCTIVE FRAUD/LIMITATIONS PERIOD.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 399: CRIMINAL DEFENDANT MAY WAIVE JURY TRIAL.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 403: OMNIBUS ELECTION CLARIFICATIONS (NEW).

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 407: ELECTRONIC VEHICLE LIEN/TITLE.

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

S 409: ASSESS COSTS/RESTRAINING ORDERS (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 420: UI LAWS ADMINISTRATIVE CHANGES (NEW).

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

S 431: CONFIRM COMMISSIONER OF BANKS.

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

S 432: MILITARY APPRECIATION DAY.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 05/14/2013

S 444: UNC/CHEROKEE LANGUAGE.

    Senate: Passed 3rd Reading

S 454: REGISTRATION OF PETROLEUM DEVICE TECHNICIANS.-AB

    House: Passed 1st Reading
    House: Ref to the Com on Transportation, if favorable, Finance

S 465: PROHIBIT USE OF TAX ZAPPER SOFTWARE.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 468: ALIGN INSPECTIONS W/INSTALLER LICENSING.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

S 473: HEALTH COST TRANSP/SPEAKER AND PPT STANDING (NEW).

    House: Rec From Senate

S 483: DOJ LEASES/SETOFF DEBT (NEW).

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

S 490: EXCLUDE CUSTOM SOFTWARE FROM PROPERTY TAX (NEW).

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

S 494: COMMUNITY SERVICE/POST-RELEASE SUPERVISION.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Rules and Operations of the Senate

S 530: PROHIBIT E-CIGARETTE SALES TO MINORS.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee B

S 542: DRUG TESTING FOR LTC APPLICANTS & EMPLOYEES.

    House: Rec From Senate

S 553: LME/MCO ENROLLEE GRIEVANCES & APPEALS.

    Senate: Passed 2nd Reading

S 626: RECODIFY ANIMAL SHELTER LAW.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 630: EVIDENCE & DNA EXPUNCTION LAWS.-AB

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 05/14/2013

S 635: TRANSMISSION LINE OWNERSHIP.

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

S 636: WILDLIFE RESOURCES COMM. PENALTY CHANGES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 638: NC FARM ACT OF 2013.

    House: Rec From Senate

S 648: NC COMMERCE PROTECTION ACT OF 2014 (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Rules and Operations of the Senate

S 676: 10 YR. MIN FOR 2ND GUN FELONY CONVICTION.

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

S 683: SAFE HARBOR/VICTIMS OF HUMAN TRAFFICKING.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 719: STUDENT ORGANIZATIONS/RIGHTS & RECOGNITION.

    House: Rec From Senate

Actions on Bills: 2013-05-13

LOCAL BILLS

H 116: CARRBORO OFFICE OF ALDERMAN.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/13/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 501: BUNCOMBE CTY/COMMUNITY COLLEGE PROJECTS.

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

H 504: LOCAL ELECTRONIC NOTICE.

    House: Placed On Cal For 05/14/2013

H 526: CHADBOURN VOLUNTARY ANNEXATION.

    House: Passed 3rd Reading

H 533: DETENTION OF MENTALLY ILL IN FACILITY (NEW).

    House: Placed On Cal For 05/14/2013

H 545: MODIFY HENDERSON CO. OCCUPANCY TAX.

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

H 551: AMEND WILMINGTON FIREFIGHTERS' RELIEF FUND.

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

H 562: CRAMERTON CHARTER REVISAL.

    House: Passed 2nd Reading

H 567: LUMBERTON DEANNEXATION.

    House: Passed 2nd Reading

H 870: DUPLIN COUNTY BOARDS OF COMMS. AND EDUC. (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to Judiciary I. If fav, re-ref to Rules and Operations of the Senate

H 1001: REPEAL STATESVILLE CIVIL SERVICE BOARD.

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

S 288: WAKE COMM VACANCY & ABERDEEN ZONING (NEW).

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

S 314: DURHAM COUNTY WATER/WASTEWATER PLANT PROJECTS.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 315: MUNICIPAL SERVICES (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 380: CHARLOTTE DOUGLAS INT'L AIRPORT COMMISSION

    House: Passed 1st Reading
    House: Ref to the Com on Environment, if favorable, Finance

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