House committee substitute makes the following changes to the 2nd edition.
Amends GS 105-228.5(d)(3), (concerning taxes measured by gross premiums), revising the allocation of the net proceeds of the additional tax on gross premiums on insurance contracts for property coverage as follows, 25% of the additional tax must be credited to the Volunteer Fire Department Fund (was, 30%) and 20% must be credited to the Department of Insurance for disbursement pursuant to GS 58-84-25 (was, 25%). Also provides that up to 20%, as determined in accordance with GS 58-87-10(f), must be credited to the Workers' Compensation Fund, with the remaining net proceeds credited to the General Fund (previously, 45% of the net proceeds to the Workers' Compensation Fund).
Amends GS 58-87-1, Volunteer Fire Department Fund, providing that up to 1% (was, 2%) of the Fund can be used for additional staff and resources to administer the Fund in each fiscal year.
Amends GS 58-84-25, Disbursement of funds by Insurance Commissioner, providing that the Insurance Commissioner (Commissioner) will deduct the sum of 1% (was, 2%) from the tax proceeds and retain the same in the budget of the Department of Insurance for the purpose of administering the disbursement of funds pursuant to GS 58-84-35.
Amends GS 58-87-10, Workers' Compensation Fund for the benefit of volunteer safety workers, providing that revenue is credited to the Workers' Compensation Fund from a portion of the proceeds of the tax levied under GS 105-228.5(d)(3) and from an assessment on local governments served by one or more eligible units as set forth in subsection (g) of this section.
Enacts new GS 58-87-10(f), providing that the Department of Insurance will conduct a periodic actuarial study to determine the amount required to meet the needs of the Fund. Sets out the form and shape of the study, providing that it will be reviewed by the Office of State Budget and Management. Directs the Office of State Budget and Management, with the Department of Insurance, to notify the Secretary of Revenue of the amount required to meet the needs of the Fund by March 1 of each year. The Secretary of Revenue will then remit that amount with specified limitations.
Enacts new GS 58-87-10(g), providing that if the amount remitted pursuant to the above section is not sufficient to meet the needs of the Fund, then the Department of Insurance will collect the remaining amount from units of local government, pursuant to a specified formula. The Department of Insurance must provide written notification to the units of local government of the amount required by the assessment no later than April 1 of each year. Units of local government then have 90 days to remit the assessment to the Department for deposit into the Fund.
The Daily Bulletin: 2013-05-14
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The Daily Bulletin: 2013-05-14
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Deletes the provisions of the previous edition in its entirety and makes the following proposed changes.
Authorizes the Legislative Research Commission (LRC) to conduct a study of the state's health care delivery system and certificate of need law. Provides that the study must include the following five items:
(1) A study of barriers to a market-based health care delivery system from the federal level.
(2) A study of barriers to a market based health care delivery system at the state level.
(3) A comparison of same day surgery offered by hospital-based or hospital-owned operating rooms and non-hospital-based ambulatory surgical centers.
(4) A study of the NC certificate of need law in comparison to other states both with and without certificate of need programs.
(5) Any other issues pertinent to this study.
Provides that the LRC can make an interim report to the 2014 General Assembly and will make a final report to the 2015 General Assembly.
Intro. by Avila, Collins, Burr. | STUDY |
House amendment makes the following change to the 2nd edition:
Clarifies that the act only applies to judicial actions referred to in Section 2 of the bill that are filed on or after the effective date of the act.
Intro. by Torbett. | UNCODIFIED |
Senate amendment makes the following changes to the 2nd edition:
Amends GS 153A-323(b)(5) and GS 160A-364(b)(5) to clarify that the calculation of the total land area triggering the notice requirement includes developed and undeveloped land.
House committee substitute makes the following changes to the 1st edition.
Amends GS 115C-238.29H(a1) to clarify that charter schools may use state funds for operational loans, in addition to facilities and equipment loans. Amends subsection (b) to clarify that if a student attends a charter school, the local school administrative unit (LEA) must transfer an amount equal to the per pupil share of the local current expense fund (was, appropriation) to the charter school within 30 days (was, 15)of the LEA's receipt of its local current expense appropriation. Provides that if the LEA fails to comply with the requirements of subsection (b) in a timely manner, an interest rate of 8% (was 6%) will accrue on the amount required to be transferred tothe charter school until that amount plus any accrued interest is transferred to the charter school. Repeals the restriction on transferring supplemental tax revenue outside of the tax district, which allows funds to follow the student.
Enacts new subsection (c) to this section to detail the information that must be provided to charter schools on the calculating of the charter school's share of the local current expense fund.
Enacts new subsection (d) to this section to provide for the award of attorneys'fees andcosts to the prevailing party in an action to enforce the transfer of funds from LEAs to charter schools. Directs the court to order any delinquent funds, costs, fees, and interest to be paid in equal monthly installments with a time for payment in full no later than three years from the entry of the judgment.
Adds a new subsection (m) to GS 143B-426.40A,making a conforming change to create an exception that allows a charter school to assign state funds for operational loans under GS 115C-238.29H, as amended in this act.
Amends the title.
Intro. by Hardister, Malone, Brandon, Stam. | GS 115C |
House committee substitute makes the following changes to the 1st edition.
Changes the word subsection to section in GS 108D-17.
Deletes proposed subsection (d) (which excluded disputes between an LME/MCO and a provider or applicant from OAH's jurisdiction) in GS 108D-18.
Modifies subsection (c) of GS 108D-26 to eliminate any right to appeal the resolution of a LME/MCO grievance to OAH or any other forum, and eliminates subsection (d) (which established notice procedure for requesting LME/MCO level appeal).
Deletes references to grievance procedures under GS 108D-26 in GS 108D-28 and GS 108D-29.
Intro. by Dollar, Burr. |
House amendment makes the following changes to the 2nd edition:
Deletes Article 2 of Chapter 108D providing for certain rights and responsibilities of LME/MCOs, providers, and applicants (GS 108D-10 through GS 108D-18), and renumbers Article 3 as Article 2.
House committee substitute makes the following changes to the 1st edition:
Adds installation and use of public safety technologies to the purposes for which agreements authorized under GS 136-18(44) and (45) can be entered into.
Intro. by Faircloth, McNeill, Hardister. | GS 136 |
House committee substitute makes the following changes to the 1st edition:
Amends the bill title to include "Rural Transportation Planning Organizations."
Adds Rural Transportation Planning Organizations to the name of the study committee and to the scope of the committee's charge.
Intro. by Floyd, Lucas, Hanes, C. Graham. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 20-217, Motor vehicles to stop for properly marked and designated school buses in certain instances; evidence of identity of driver, providing that any person whose driver's license is revoked under this section is disqualified pursuant to GS 20-17.4 from driving a commercial motor vehicle for the period of time in which the person's driver's license remains revoked. Makes technical and clarifying changes throughout.
Enacts new subsection GS 20-17.4(o), providing that any person whose driver's license is revoked under GS 20-217 is disqualified from driving a commercial motor vehicle for the period of time in which the person's driver's license remains revoked under GS 20-217.
Intro. by Hanes, Lambeth. | GS 20 |
House amendment makes the following change to the 4th edition:
Amends GS 105-228.4A(d) to add language providing that the tax on assumed reinsurance premiums is not payable in connection with the exchange of assets and liabilities between insurers if both insurers are under common control and the Commissioner of Insurance verifies that the exchange is part of a plan to cease operations of one insurer and the insurers' intent is to renew/maintain business with the captive insurance company.
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Deletes the provisions and proposed changes included in Sections 5, 6, and 7, as provided for in the previous edition, concerning changes to continuing education, clarifications to licensure exemptions, and changes to licensure as a laser hair practioner instructor.
Amends GS 88A-9(a), deleting proposed changes to the fees provided for in this section.
Effective when the act becomes law.
Intro. by R. Brown. | GS 88A |
Senate committee substitute makes the following changes to the 5th edition.
Deletes the provisions and proposed changes found in Section 1, amending GS 62-2.
Amends GS 143-215.120(d), providing that nothing in GS 143, Article 21C, will be interpreted to limit any applicable requirements of GS Chapter 62.
Intro. by J. Bell, Dixon, McElraft, Whitmire. | GS 143 |
House committee substitute makes the following change to the 1st edition:
Changes bill title to conform to changes in bill language.
Clarifies that the funds to be transferred to the Speedway Children's Charities are those derived from the sale of Charlotte Motor Speedway plates.
Intro. by Johnson, Ford. | GS 20 |
A BILL TO BE ENTITLED AN ACT TO PROMOTE THE PROVISION OF REGIONAL WATER AND SEWER SERVICES BY TRANSFERRING OWNERSHIP AND OPERATION OF CERTAIN PUBLIC WATER AND SEWER SYSTEMS TO A METROPOLITAN WATER AND SEWERAGE DISTRICT. Enacted May 13, 2013. Effective May 15, 2013.
House committee substitute makes the following changes to the 1st edition:
Amends bill short title to delete the word "Mandate".
Amends GS 58-3-192(a)(9) and (a)(10) to add services provided by a licensed clinical social worker to the definitions of therapeutic care and treatment for autism spectrum disorders; amends subsection (h) by substituting "insurer" for "health benefit plan"; rewrites subsection (i) to provide that the requirements for coverage of autism spectrum disorders does not apply to certified qualified health plans as defined in 45 CFR § 155.20 if the federal government determines that the State must make payments for a state-required benefit that is in excess of essential health benefits.
Revises the effective date clause to make changes to GS 135-48.51 effective January 1, 2014.
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 58-36-10 changing "shall" to "may," providing that it is permissive, but not required, to give consideration to the experience of property insurance business during the most recent five-year period for which that experience is available in the case of property insurance rates under this Article.
Amends GS 58-36-15(d2), providing that trade secret information provided under this subsection is considered confidential and is required to be handled in accordance with GS 66-152 and GS 132-1.2.
Amends GS 58-36-15(d3), deleting the provisions of the previous edition and establishing that the Rate Bureau is required in all residential property insurance rate filings to set out, according to the territories in North Carolina, (1) the portion of the rate based on all risks, with the exception of wind and hail and (2) the portion of the rate based on the consideration of risks and the costs of reinsurance for wind and hail. If the rates are approved by the Insurance Commissioner they will be posted by territory, on its website, including the distinctions of the rates as described above.
Specifies that the act applies to filings by the Rate Bureau on or after July 1, 2013.
Intro. by Tine, Dockham, Hamilton, Iler. | GS 58 |
House committee substitute to the 1st edition makes the following changes. Deletes all provisions of the 1st edition and replaces it with the following. Allows the Joint Legislative Oversight Committee on Justice and Public Safety to study (1) requiring all persons arrested or imprisoned for a felony or misdemeanor to be fingerprinted and photographed, (2) entities responsible for the photographs and fingerprints, (3) allowing taking a person's photo when a person is cited for a violation but not arrested and there is a question as to who the person is, and (4) other relevant issues. Requires a report to the House Appropriations Subcommittee on Justice and Public Safety and the Senate Appropriations Subcommittee on Justice and Public Safety on or before the convening of the 2015 General Assembly. Amends the act's title.
Intro. by Faircloth, McNeill, Burr, Boles. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Enacts new GS 153A-274.1, Flood control activities under stormwater management programs, (was, amended GS 153A-277(a) regarding stormwater management programs). Clarifies that it is the General Assembly's finding that it is in the best interest of North Carolina's residents to promote and fund the implementation of stormwater management programs (was, promote and encourage the funding and implementation of stormwater management programs). Substantively retains provisions from the 1st edition regarding the scope of a county's authority in operating its stormwater management program; however, makes organizational changes.
Subsection (b)(2) specifies flood damage reduction techniques that the county may implement under its stormwater management program. Amends those proposed techniques to remove flood proofing flood prone structures. Subsection (c) provides that a county may engage in the activities as listed in (b)(2) only under the circumstances contained in a policy document approved by the board of county commissioners. Specifies what the policy document must minimally establish. Requires that an existing stormwater advisory committee review and approve projects implementing flood damage reduction techniques under (b)(2).
The new statute applies only to counties with a population of 910,000 or greater.
Intro. by Jeter, Samuelson, R. Moore. | GS 153A |
House committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces it with the following. Allows the Legislative Research Commission to study establishing a property owners protection act favoring the free use of land, including examining awarding attorneys' fees incurred by an owner in an action challenging land use regulations and prohibiting enforcing penalties against a property owner for acts not committed by the owner. Also requires reviewing issues raised by the 1st edition of the act. Allows for an interim report to the 2013 General Assembly when it reconvenes in 2014 and requires a final report before the convening of the 2015 General Assembly. Updates the act's titles.
Intro. by Moffitt. | STUDY |
House committee substitute makes the following changes to the 1st edition:
Amends the bill title to remove reference to provision requiring standardized responses to emergency codes.
Revises GS 131E-88 to remove requirement that the NC Medical Care Commission (Commission) adopt rules for standardized responses to emergency codes and that hospitals implement such responses; deletes list of emergency situations that must be addressed in standardized emergency codes adopted by the Commission; clarifies that the Commission must adopt and hospitals must implement standardized emergency codes by July 1, 2015.
Changes effective date to make the act effective when it becomes law (was January 1, 2014).
Intro. by Lambeth, Hanes, Jones, Malone. | GS 131E |
House committee substitute makes the following changes to the 1st edition.
Amends GS 95-127, toadd definitions for the terms antineoplastic drug and hazardous drugsto GS Chapter 95, Article 16, the Occupational Safety and Health Act of North Carolina (OSHA). Removes the definitions for these terms from GS 95-174 (Article 18, Hazardous Chemicals Right to Know Act). Makes additional technicaland organizational changes toGS 95-127.
Makes technical changes to GS 94-133(a).
Recodifies proposed GS 95-199 in Article 18, Handling of dangerous drugs, as new GS 95-156 in Article 16. Makes organizational changes but substantively retains the provisionsdirecting the Commissioner of Labor to adopt rules toimplement this act no later than January 1, 2015.
The House committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces them with the following. Enacts new GS 99B-12 entitling a commodity producer certified by the US Department of Agriculture Agricultural Marketing Service Good Agricultural Practices and Good Handling Practices Audit Verification Program to a rebuttable presumption that the commodity producer was not negligent when death or injury is proximately caused by the consumption of the producer's raw agricultural commodity. Provides that the presumption may be overcome only by clear and convincing evidence. Defines commodity producer as a producer of raw agricultural commodities, as defined. Applies to claims arising on or after July 1, 2013.
Amends the act's title.
Intro. by Ramsey. | GS 99B |
House amendment makes the following change to the 2nd edition:
Makes technical change to the bill title by substituting the word "utilities" for the word "authorities."
Intro. by Hager. | GS 62 |
House committee substitute makes the following changes to the 1st edition.
Changes the short and long titles.
Amends GS 15-11.1(b1), providing that a judge can, among other options, order a firearm to be destroyed by the sheriff of the county in which the firearm was seized or by his authorized agent only if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification.
Amends GS 15-11.2, Disposition of unclaimed firearms not confiscated or seized as trial evidence, providing that if the firearm remains unclaimed for a period of 30 days after the publication of the notice, then the head or chief of the law enforcement agency (was, the SBI, at the discretion of the agency director, must dispose of the firearm) must order the disposition of the firearm in one of the specified ways.
Adds that the head or chief of the law enforcement agency must maintain a record of the destruction of the firearm.
Makes conforming changes concerning the role of the head or chief of the law enforcement agency.
Provides that if the law enforcement agency sells the firearm at public auction, then the proceeds will be retained by the law enforcement agency and used for law enforcement purposes (was, proceeds to be retained by the SBI for law enforcement purposes). Requires records and inventory of all firearms received pursuant to this section to be kept.
Amends GS 14-269.1(4), changing the ways in which a deadly weapon can be disposed of after a specified conviction, providing that a weapon can be disposed of by ordering such weapon to be turned over to the sheriff of the county in which the trial is held or his duly authorized agent to be destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification.
Amends the enactment clause, providing that the act becomes effective July 1, 2013, and applies to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date (previously, judicial orders were not included in the clause).
House committee substitute makes the following changes to the 1st edition.
Changes the long and short title.
Amends GS 116-40.12 and GS 115D-20.2 , making organizational and clarifying changes. Clarifies that no constituent institution or community college that grants recognition to any student organization will deny recognition to a student organization or deny a student organization access to programs, funding, facilities, or other privileges associated with official recognition otherwise available to other student organizations on the basis of that organization's exercise of its rights.
House committee substitute makes the following changes to the 1st edition.
Amends GS 96-5.1(a), providing that the funds in the Supplemental Employment Security Administration Fund consist of all interest and penalties paid under GS Chapter 96 on overdue contributions and any appropriations made to the fund by the General Assembly (GA). Further provides that penalties collected on unpaid taxes imposed by this section must be transferred to the Civil Penalty and Forfeiture Fund established in GS 115C-457.1.
Amends GS 96-9.2(b), as enacted by SL 2013-2, providing that, for the purposes of the standard beginning rate, an employer's account is considered chargeable with benefits for at least 12 calendar months if the employer has reported wages paid in four completed calendar quarters and its liability extends over all or part of two consecutive calendar years.
Amends GS 96-9.6(e), Annual reconciliation, to add that any amount in excess of the required 1% of taxable wages will be retained in the employer's account as a credit and will not be refunded to the employer.
Amends GS 96-9.6(i), as enacted by SL 2013-2, providing that if the employer's account balance on the computation date in 2014 does not equal 1% of its taxable wages reported for the preceding fiscal year (was, 2013 calendar year), the Division will bill the employer for the deficiency.
Amends GS 96-9.7(a), as enacted by SL 2013-2, making clarifying changes.
Amends GS 96-10(g), providing that written notices sent by the Division, pursuant to this subsection, can be by registered or certified mail.
Amends GS 96-11.2, as enacted by SL 2013-2, providing that benefits paid to an individual must be allocated to the account of each base period employer in the proportion that the base period wages paid to the individual in a calendar quarter by each base period employer bears to the total wages paid to the individual in the base period (was, that quarter) by all base period employers.
Amends GS 96-11.4(a), as enacted by SL 2013-2, providing that an employer or agent, in regards to relief for errors of noncompliance, cannot be determined to have a pattern of failing to respond to requests from the Division if the number of failures during the year prior to the request is fewer than two or less than 2% of the total requests (previously, only included less than 2% of the total requests) made to the employer or agent, whichever is greater (previously, did not include "whichever is greater").
Amends GS 96-14.9(d), as enacted by SL 2013-2, providing that an individual is not available to work during the work week when on disciplinary suspension for 30 or fewer days (was, less than 30 days) based on acts or omissions that constitute fault on the part of the employee and are connected with the work.
Amends GS 96-14.10, Disciplinary suspension, making a clarifying change.
Amends GS 96-15(b), as enacted by SL 2013-2, regarding adjudication of claims for benefits, providing that any interested employer will be allowed 14 days (was, 15 days) from the mailing or delivery of the notice of the filing of a claim against the employer's accounts, whichever first occurs, to file with the Division its protest of the claim in order to have the claim referred to an adjudicator for a decision on the question or issue raised. Makes conforming changes. Provides that no payment of benefits will be made by the Division to a claimant until one of the following occurs: (1) the employer has filed a timely protest to the claim, (2) the 14-day period for the filing of a protest by the employer has expired, or (3) a determination under this subdivision has been made.
Amends Section 11 of SL 2013-2, the enactment clause, providing that the requirements of GS 96-15(a1), as enacted by SL 2013-2 and amended by Section 14 of this act, apply to any week of an attached claim filed on or after June 30, 2013.
Amends GS 96-4(x)(6), GS 96-4(x)(7), GS 96-9.5(4)(c), GS 96-10(d), GS 96-14.14(c)(2), GS 96-14.14(c)(3), GS 96-14.14(e)(1), GS 96-14.14(g), GS 96-14.14(h), and GS 96-16(d), making technical and conforming changes to statute citations in the included provisions.
Intro. by Howard. | GS 96 |
House amendment to the 2nd edition changes the act's effective date from when the act becomes law to October 1, 2013.
Intro. by Stam, B. Brown. | GS 20 |
House committee substitute makes the following changes to the 1st edition.
Changes the long title. Amends GS 14-208.16(b) to include permanent locations of organized clubs of Boys and Girls Club of America in the term child care center and removes proposed inclusion of organized clubs of Boy Scouts and Girl Scouts.
Intro. by Jackson. | GS 14 |
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends the fidelity bond requirements of GS 47C-3-113.1 of the North Carolina Condominium Act and GS 47F-3-113.1 of the North Carolina Planned Community Act, providing that fidelity bonds required by these sections must provide coverage in an amount at least equal to the annual operating budget of the association, but is not required to be greater than $5 million (was, bond must provide coverage in the amount of $1 million).
Amends GS 47C-3-118(a) and GS 47F-3-118(a), deleting language that established that an audit or extensive review or compilation of the books and records for the current or preceding fiscal year could be required by a vote of the majority of the board or by affirmative vote of a majority of unit or lot owners at an annual meeting or any special meeting properly called.
Enacts GS 47C-3-118.1 and 47F-3-118.1, Financial audit requirements, providing that the executive board must provide for an annual independent financial audit of the unit or lot owners' association if any of three specified conditions are met, including:
(1) The declaration, bylaws, or other governing documents expressly require conducting an annual financial audit.
(2) The association has annual revenues or expenditures of $250,000 or more.
(3) An audit is requested by a vote of a majority of the board or by a vote of a majority of the unit or lot owners present and voting in person or by proxy at any annual meeting or special meeting duly called for that purpose.
Requires the board to provide for an annual independent financial audit of the association if annual revenues or expenditures reach or surpass $150,000. The audit must be completed no later than one year after the end of the association's fiscal year and must be made available to unit or lot owners within 30 days after its completion.
House committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces them with the following.
Enacts new Article 50D, Tobacco Growers Assessment Act, in GS Chapter 106. Allows the Tobacco Growers Association of North Carolina Inc. (Association) to conduct a referendum among tobacco growers as to whether to levy an assessment on tobacco sold in the state. Caps the amount of the proposed assessment at $0.15 for each hundred pounds of tobacco. Allows the Association to increase the assessment amount, if the Association sets a lower amount than that approved by referendum, by no more than $0.01, without having to conduct a referendum. Prohibits collecting the assessment unless more than two-thirds of the votes cast are in favor of the assessment. Requires a tobacco buyer to collect the assessment when buying by deducting the assessment from the price paid to the producer. Allows the buyer to keep the assessments until the total amount due to the Department of Agriculture and Consumer Services (Department) is at least $25, or until the end of the calendar quarter, whichever comes first. Provides for record keeping. Allows the Association to bring an action to recover any unpaid assessments, plus the reasonable costs incurred in the action.
Requires the Department to remit funds collected to the Association at least once a month. Requires the Association to use the funds to promote the interests of tobacco growers. Allows a tobacco grower to request a refund of the assessment within 30 days from the last date on which the grower paid the assessment; requires the Association to mail a refund within 30 days of receiving a properly documented refund request. Upon a petition by at least 10% of the tobacco growers in the state known to the Association, the Association must conduct a referendum on continuing the referendum. If a majority of the votes are against continuation, or if the referendum is not conducted within six months, the assessment expires at the end of the six-month period. If a majority of the votes cast are in favor of continuing, then no subsequent referendum is to be held for at least three years.
Allows the Association to conduct a referendum at any time after the effective date of the act.
Intro. by Langdon. | GS 106 |
House committee substitute makes the following changes to the 2nd edition:
New Section 4.5 amends GS 126-5(d)(5) to authorize designation of exempt positions that are created, transferred, or located in a reorganized department by October 1st (was July 1st) of the year in which the Governor takes the oath of office.
New Section 4.6 revises the effective date of Part 4 of the bill to June 30, 2013, and makes the repeal of GS 126-5(e) and (f) applicable to state employees hired on or after that date.
Amends the new GS 126-7.1(f1) to change the circumstances under which a reduction in force employee's acceptance or rejection of an offer of state employment terminates the 12-month priority for rehiring to when the offer of state employment is for a position equal to or higher (was, lower) than the position previously held or the previous salary earned.
Amends the new GS 126-34.02(a) by adding that a decision of the State Personnel Commission is subject to review by the Office of Administrative Hearings, and that the reviewing administrative law judge may affirm, reverse, modify, or remand the decision upon a finding that the decision was not supported by any competent evidence or was an abuse of discretion.
Amends the new GS 126-34.02(b)(5) to include failure to give priority consideration for promotion or rehiring as required under GS 126-7.1 (reduction in force).
Amends GS 126-25(b) to require an agency to remove or amend material in an employee's file if the agency determines that material is inaccurate or misleading, but does not permit an employee to appeal the contents of a performance appraisal or written disciplinary action through the grievance procedure established under this subsection.
Intro. by Collins, Burr. | GS 126 |
House committee substitute to the 1st edition makes the following changes. Increases the number of members of the Commission to Study the Provision of Exceptional Children's Services in the North Carolina Public Schools from 12 to 14, adding a member of an advocacy group working on behalf of children with disabilities, as recommended by Disability Rights North Carolina, and a members of an advocacy group working on behalf of children with disabilities, as recommended by the Exceptional Children's Advocacy Center. Adds to the issues to be examined as the Commission develops its recommendations conducting a study on the cost to educate students with disabilities and then use that information to make recommendations on changes needed to the current state allotment formulae for various components of the exceptional children's program.
Intro. by Martin, Horn, Johnson, Whitmire. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Deletes proposed GS 62-36.2, whichspecified reporting requirements for telecommunications service providers required to contribute to the Universal Service Fund under the Telecommunications Act of 1992, as amended.Instead, authorizes the Legislative Research Commission (Commission)to study broadband infrastructure in rural communities. Specifies issues that the Commission is to study.Allows the Commission to make an interim report to the 2013 General Assembly when itreconvenes in 2014 and require it to make its final report to the 2015 General Assembly when it convenes.
Rewrites the long and short title of this act.
Intro. by Tine, Saine, Horn, Waddell. | STUDY |
House amendment makes the following change to the 2nd edition. Requires that the individualized graduation plans that must be provided by the pilot programare to include the State Board of Education approved career, college, or career and college endorsements as appropriate.
Intro. by Jeter, R. Moore, Blackwell, Cotham. | UNCODIFIED |
Housecommittee substitutemakes the following changes to the 1st edition.
Repeals SL 2011-259, which was amended in the 1st edition, to select four charter schools, with at least one located in Mecklenburg County, in whichto establish Dropout Prevention and Recovery Pilot Programs. Instead, directs the State Board of Education (SBE) to approve and select three charter schools to provide the educational services and programming and to establish a Dropout Prevention and Recovery Pilot Program (DPRP) in Mecklenburg County. Sets out requirements for the program substantively identical to the proposed language in the first edition, with changes indicated below. Requires that all teachers employed by the participating charter schools must be licensed teachers under GS 115C-296.
Clarifies that course content, online courses, and student performance data must be in compliance withstate lawand the Department of Public Instruction's policies. Directs the charter schools in the pilot to use the SBE's Ready Accountability Model and to follow current charter school funding guidelines under GS 115C-238.29H with the following three exceptions during the initial operation of the participating charter schools: (1) an increase in enrollment is not a material revision to the charter school's application, (2) funding for the charter schools will be based on the projected average daily membership (ADM)anticipated for the final month of the upcoming school year, but there will be an adjustment to the allotment based on the first month's actual ADM and any reductions to the allotment will be transferred to the ADM Contingency Reserve, and (3) additional funding to a charter school for increased ADM would come from funds that had reverted to the ADM Contingency Reserve.
Requires the SBE to report to the Joint Legislative Education Oversight Committee on the implementation and success of the pilot program on or before October 15, 2015 (was, March 15, 2014).
Amends the title. Deletes the appropriation of $1 million in recurring funds from the General Fund to the SBE for the purpose of providing additional funds for the ADM Contingency Reserve.
Effective whenthe actbecomes law and applies to the 2014-15 school year (was, applies to schools selected by the SBE on or after July 1, 2013).
Intro. by Jeter, R. Moore, Blackwell, Cotham. | UNCODIFIED |
House committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces it with the following. Authorizes the Legislative Research Commission to study the illegal sale, delivery, transportation, or possession of pills, tablets, or capsules of a controlled substance that contains an opiate combined with an uncontrolled substance and that is a commercial drug with FDA approval distributed by a lawful company. Requires a report to the General Assembly by March 1, 2014. Requires the study to determine the appropriate criminal penalty. Specifies membership of the study committee. Updates the act's titles.
Intro. by Glazier. | STUDY |
House committee substitute makes the following changes to 1st edition.
Amends GS 14-112.2, providing that in cases where a person is charged with a violation that involves funds, assets, or property valued at more than $5,000, the district attorney can file a petition in the pending criminal proceeding before the court with jurisdiction over the pending charges to freeze the funds, assets, or property of the defendant in an amount up to 150% of the alleged value in the defendant's pending criminal proceeding. Provides that the standard of proof required to freeze the defendant's funds, assets, or property will be by clear and convincing evidence.
Amends GS 14-112.3, renaming the section Asset freeze or seizure; proceeding (was, Asset freeze or seizure; ex parte proceeding). Makes conforming changes, replacing "probable cause" with "clear and convincing evidence." Provides that the procedure for petitioning the court, under this section, will be governed by GS 1A-1, Rule 65, unless otherwise provided. Provides that at any time after service of the order to freeze or seize assets, the defendant or any person claiming an interest in the assets may file a motion to releases the assets (was, at any time within 30 days after service of the order). Deletes language that required the court to hold a hearing on the motion no later than 10 days from the date the motion is filed. Provides that the burden of proof in proceedings to release assets will be by clear and convincing evidence and that the State must show that the defendant is about to, intends to, or did divest himself or herself of assets in a manner that would render the defendant insolvent for purposes of restitution. If the court finds as such, the court must order the assets frozen or held until further order. Provides that if the prosecution of the charge under GS 14-112.2 is terminated by voluntary dismissal by the State or if a judgment of acquittal is entered, the court will vacate the order to freeze or seize the assets.
Provides that the effective date is October 1, 2013 (was, December 1, 2013), and the act applies to offenses committed on or after that date.
Intro. by Glazier, McGrady. | GS 14 |
House committee substitute makes the following changes to the 1st edition.
Provides that the Department of Health and Human Services will exempt from certificate of need review the establishment of a home health agency by a continuing care retirement community licensed under Article 64 of Chapter 58 to provide home health services to residents of a continuing care community who have entered into a contract to receive continuing care services with lodging. Provides that a continuing care retirement community seeking to provide home health services to individuals who do not reside at the continuing care retirement community pursuant to a contract for care services and lodging will be required to obtain a certificate of need as a home health agency prior to developing or offering home health services to any individual who is not a resident of the continuing care retirement community under contract to receive care services with lodging.
Intro. by Avila, Samuelson, Boles, Burr. | GS 131E |
House committee substitute makes the following changes to the 1st edition.
Makes technical and grammatical corrections. Changes the quorum requirement for the Education and Workforce Innovation Commission to six members (was, five members).
Intro. by Johnson. | UNCODIFIED |
House amendment makes the following change to the 2nd edition.
Rewrites GS 15A-622(i)(2) by deleting from the list of offenses for which an investigative grand jury may be convened violations of Article 30A of Chapter 14 (secret listening) and violations of GS 14-234.1 (misuse of confidential information).
Intro. by Murry, S. Ross, Glazier. | GS 15A |
House committee substitute entirely rewrites the 1st edition and changes the title of the act.
Current law provides that a grand jury may be convened for certainalleged violationsof the NC Controlled Substances Act (Article 5 of GS Chapter 90). Enactsnew subsection (i) to GS 15A-622 to expand the list of crimes for which an investigative grand jury can be convened to include the following in addition to violations of GS 90-95(h) (drug trafficking)or GS 90-95.1 (engaging in a continuing criminal enterprise): violations involving bribery, obstructing justice, and secret listening; buying and selling of offices; failing to discharge duties; public officers and employees benefiting from public contracts; misuse of confidential information; embezzlement of property received by virtue of office; obtaining property by false pretenses; extortion; forgery; and malfeasance of corporate officers and agents.
Makes a conforming change. Effective October 1, 2013.
Intro. by Murry, S. Ross, Glazier. | GS 15A |
House committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces it with the following. Enacts new GS 143C-7-3 requiring the State Treasurer to accept monetary contributions to the General Fund to be sued for governmental services, spending, and appropriations. Updates the act's titles.
Intro. by Blust, Jones, Holloway, Jordan. | GS 143C |
House Amendment #1 makes the following change to the 2nd edition:
Amends GS 163-278.9(j) to clarify that "electronically file" means filing reports using electronic software provided by the State Board of Elections or electronically transmitting reports using forms provided by the Board that are legibly typewritten.
House Amendment #2 makes the following changes to the 2nd edition:
Amends GS 163-278.9(j) to provide that the State Board of Elections may waive penalties for delays in electronic filing where the delay was beyond the control of the treasurer, such as internet outage or natural disaster; also amends the effective date clause to provide for a contingency implementation date of 30 days after the software is available in the event that software is not available from the State Board of Elections by January 1, 2014.
Intro. by Lewis, D. Ross, Luebke. | GS 163 |
House committee substitute to the 1st edition makes the following changes. Amends GS 10B-61 to delete (c), concerning the awarding of attorneys' fees.
Intro. by Bryan, Jordan. | GS 10B |
House committee substitute to the 1st edition makes the following changes. Amends GS 113-294.1 to provide that the Wildlife Resources Commission must adopt (was, must establish) rules for administering the Wildlife Poacher Reward Fund.
The Daily Bulletin: 2013-05-14
A BILL TO BE ENTITLED AN ACT TO ENCOURAGE VOLUNTEER HEALTH CARE IN FREE CLINICS BY LIMITING THE LIABILITY OF MEDICAL AND HEALTH CARE PROVIDERS IF THE FREE CLINIC PROVIDES PATIENTS WITH NOTICE OF LIMITED LIABILITY. Enacted May 13, 2013. Effective October 1, 2013.
Intro. by Bingham. | GS 90 |
Senate committee substitute makes the following changes to the 1st edition:
Amends the bill short and long title consistent with changes in the bill.
New Section 1(a) amends GS 153A-210.1 to add a new subsection (b) extending and codifying the expiration date of Article 9A of Chapter 153A (authorizing counties to impose special assessments for critical infrastructure needs) to July 1, 2015 (original sunset date is July 1, 2013).
New Section 2(a) amends GS 160A-239.1 to add a new subsection (b) extending and codifying the expiration date of Article 10A of Chapter 160A (authorizing cities to impose special assessments for critical infrastructure needs) to July 1, 2015 (original sunset date is July 1, 2013).
New Section 3 makes technical changes to SL 2008-165, Section 5 to remove the original sunset date of July 1, 2013.
Senate committee substitute makes the following changes to the 1st edition:
Changes bill title to conform to changes in bill.
New Part 3 amends GS 113-229(d) to provide that notice to adjoining property owners of a dredge or fill permit may be satisfied by obtaining a signed statement from each property owner indicating no objection to the project or sending a copy of the permit to each property owner by certified mail.
New Part 4 amends the definition of fish under GS 113-129(7) to mean finfish, shellfish, and crustaceans (removing reference to marine mammals and all other fishes); also amends GS 113-189 to expand protection of marine and wildlife resources by citing federal law conferring protection on various species, clarifying that the prohibitions under this statute include taking, harming, and disturbing protected species, and adding finfish, marine mammals, and migratory birds to the species protected under the statute.
New Part 5 amends GS 14-417 to make technical changes; also amends GS 14-419 to require consultation with the NC Museum of Natural Sciences or the NC Zoological Park in cases of suspected violations of prohibitions against mishandling certain reptiles and authorizing euthanasia in the case of a venomous reptile for which antivenin is not readily available.
New Part 6 amends GS 150B-21.1(a)(7) to include provisions for the manner of take and other conditions required to implement a hunting or fishing season under the Wildlife Resource Commission's temporary rule-making authorization.
New Part 7 amends SL 2004-163, Section 12, and SL 2006-246, Section 2, to revise the definition of built-upon area for purposes of federal phase II stormwater requirements to no longer include partially impervious surfaces.
New Part 8 amends the effective date clause of SL 2011-394 to clarify that underground storage tanks subject to that act include those installed after January 1, 1991, and prior to April 1, 2001.
New Part 9 exempts open burning for land clearing or right-of-way maintenance under certain circumstances from various rules regulating air quality permits and amends GS 130A-294(a) by adding a new subdivision (4)d. exempting land clearing debris burning from the permitting requirements of that statute. Requires adoption of comparable rules.
New Part 10 exempts ponds used for agricultural purposes from various riparian buffer rules adopted by the Environmental Management Commission. Requires the adoption of comparable rules. Applies to ponds used for agriculture that were in existence on or constructed after July 22, 1997.
New Part 11 requires the Commission to adopt a new rule exempting wastewater systems from certain sewage flow rates where the system can achieve lower flow rates through an engineering design that utilizes low-flow fixtures and low-flow technologies and the design is sealed by a professional engineer; daily flows of less than 3,000 gallons do not require state review.
New Part 12 amends GS 87-98.12 to specify that the six-hour continuing education certification requirements for well contractors must be achieved within a three-year period. Effective July 1, 2013.
New Part 13 directs the Department of Transportation to adopt rules authorizing selective pruning of vegetation in rights-of-way that obstruct motorists' views of agritourism activities.
New Part 14 amends Chapter 133 by adding a new Article 4 (GS 133-40) that would prohibit state entities, state universities and colleges, local governments, and political subdivisions from acquiring an ownership interest in real property that contains a known contamination (as defined in GS 130A-310.65(5)) without first obtaining approval from the Council of State. Properties acquired involuntarily (such as through bankruptcy or tax delinquency) are exempt. Effective July 1, 2013.
New Part 15 amends GS 130A-309.09A by adding a new subsection (h) requiring local governments to encourage storage, retention, and use of nonhazardous recycled materials and prohibiting local government regulations that impede use of recycled products through regulation of the height of recycled materials stockpiles.
Makes organizational changes to bill by dividing it into parts, and amends the effective date clause as necessary.
Senate amendment #2 amend the 2nd edition, as amended, as follows. Adds to the items that must be studied by the Study Commission on Interagency Collaboration for Prosperity, the grouping of counties within each Collaboration for Prosperity Zone to determine whether there is a better configuration while keeping the same overall number of zones.
Senate committee substitute rewrites the 1st edition in its entirety as follows:
Changes the bill title to reflect the new language of the bill.
Amends GS 113-172(a) to delete the requirement that the Secretary designate at least one, and additional if needed, license agent for each county bordering on coastal fishing waters.
Amends GS 113-168.5 by deleting subsection (c) (establishing menhaden endorsements).
Repeals GS 113-169 (establishing menhaden license for nonresidents).
Amends GS 113-168.2(a1) by deleting reference to menhaden operation from the one-vessel limitation exemption for auxiliary commercial fishing vessels.
Amends GS 113A-115.1 regulating terminal groins by (1) clarifying that the definition of a terminal groin means one or more structures (was, one structure); (2) modifying permit requirements by deleting need for information demonstrating that nonstructural erosion control is impractical, providing that a National Environmental Policy Act EIS satisfies the state EIS requirement, limiting scope of inlet management plans to reasonable requirements and providing that such plans do not have to address sea level rise, and reducing bond requirements; (3) deleting requirement that the Commission find that the applicant has demonstrated that nonstructural erosion control is impractical and requiring Commission to take into account potential benefits of the project; (4) deleting the limitation on the number of terminal groin permits the Commissions can issue and the prohibition against issuing permits for groins funded through certain financing methods.
Repeals Sections 3 and 4 of S.L. 2011-387. Section 3 authorized the Commission to adopt rules to implement limited permitting of terminal groins. Section 4 prohibited the use of state funds for terminal groin and accompanying beach fill projects.
Amends GS 113A-120 to limit CAMA permit application review to consideration of areas of environmental concern that are designated as such at the time the application was submitted.
Amends Article 8 of Chapter 160A by establishing a new GS 160A-203 authorizing municipalities to enforce ordinances regulating, prohibiting, and abating conditions on state ocean beaches, including preventing or abating unreasonable restrictions on public use of state ocean beaches. A city may enforce local ordinances and any other provision of state law on state ocean beaches within or adjacent to the city's jurisdiction. City ordinances may provide for regulation of structures, equipment, and debris, removal and abatement of unreasonable restrictions on public use of ocean beaches, and enforcement. Amends GS 113-131 by adding a new subsection (f) specifying that a city may adopt and enforce ordinances pursuant to GS 160A-203. Effective July 1, 2013.
Senate committee substitute makes the following changes to the 1st edition:
Changes the bill title to add that the bill provides specific directions to the Industrial Commission to replace certain rules.
Changes Sections 1 and 2 by deleting the following five rules from the list of rules disapproved in the bill: 04 NCAC 10A.0408, .0607, .0702, .0103, and .0404.
Adds new Section 3 amending GS 97-18(k) to require that a formal hearing must be scheduled when an employer or insurer contests an employee's request for reinstatement of compensation.
Adds new Section 4 amending GS 97-2 to add a new subsection (23) defining commuted value to mean an 8% discount rate applied to unaccrued compensation.
Adds new Section 5 amending GS 97-40 to change the calculation of lump sum compensation paid when a deceased employee leaves no dependents from present value to commuted value.
Adds new Section 6 amending GS 97-79 by adding a new subsection (g) requiring the Commission to adopt rules for administrative motions practices and procedures.
Adds new Section 7 amending GS 97-78(f)(2) to require the Commission to schedule a formal hearing on a preemptive basis to expeditiously resolve requests for or disputes involving medical compensation.
Adds new Section 8 amending GS 97-73(a) clarifying that the schedule of fees established by the Commission includes fees to be borne by all parties.
Adds new Section 9 amending GS 97-80 to make several changes to the Commission's rules: (1) requires the Commission to adopt rules for forms, processes, and procedures, (2) exempts workers' compensation claims from the Rules of Civil Procedure (except for service requirements of Rule 45), (3) clarifies that the Commission has the authority to tax fees (along with costs) against all parties for hearings and depositions, (4) limits the service requirements of Rule 45 to apply only to witness subpoenas, (5) makes Rule 30(b)(6) depositions impermissible in workers' compensation claims, (6) limits use of subpoena duces tecum only to a witness who is not a party to an action, and (7) adds records and other tangible items to the Commission's authority to provide for and limit discovery.
Intro. by Brown. | GS 97 |
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Deletes the provisions of the 1st edition.
Amends GS 15A-1115, renaming section to Review of Infraction originally disposed of in superior court (was, Review of disposition by superior court). Deletes GS 15A-1115(a), Appeal of District Court Decision.
Amends GS 15A-1347, renaming section to Appeal from revocation of probation or imposition of special probation upon violation; consequences of waiver of hearing (was, Appeal from revocation of probation or imposition of special probation upon vioaltion). Deletes proposed changes. Creates new subsection GS 15A-1347(b), providing that if a defendant waives a revocation hearing, then the finding of probation, activation of sentence, or imposition of special probation cannot be appealed to the superior court.
Repeals GS 15A-1335, resentencing after appellate review.
Amends GS 20-35, Penalties for violating Article; defense to driving without a license, providing that any person who does any of the following is responsible for an infraction:
(1) Failing to carry a valid license while driving a motor vehicle, in violation of GS 20-7(a).
(2) Operating a motor vehicle with an expired license, in violation of GS 20-7(f).
(3) Failing to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of GS 20-7.1.
Changes language in GS 20-35(c), Defenses, providing that persons can be found "responsible for" and not "convicted of" the infractions included above.
Makes a conforming change.
Amends GS 20-176, providing that doing any of the following will result in being responsible for an infraction:
(1) Failing to carry the registration card in the vehicle, in violation of GS 20-57(c).
(2) Failing to sign the vehicle registration card, in violation of GS 20-57(c).
(3) Failing to notify the DMV of an address change for a vehicle registration card within 60 days after the change occurs, in violation of GS 20-67.
Makes a conforming change.
Amends GS 113-135(a), providing that fishing without a license in violation of GS 113-174.1(a) or GS 113-270B(a) is punishable as an infraction.
Section 3 of the act, repealing GS 15A-1335 becomes effective December 1, 2013, and applies to appeals initiated on or after that date. The remainder of this act becomes effective December 1, 2013, and applies to offenses committed on or after that date.
Senate committee amendment makes the following change to the 2nd edition:
Amends GS 58-50-30(b)(15) to clarify that the section applies to a hearing aid specialist licensed to engage in fitting or selling hearing aids as defined in GS 93D-1.
Senate committee substitute deletes the 1st edition entirely and adds the following:
Changes the bill's short and long titles in their entirety to reflect new bill language.
Adds new subsection (b1) to Sec. 9 of S.L. 2006-246 (as amended by S.L. 2008-198) to authorize a permittee, delegated program, or regulated entity to use the stormwater best management practices (BMPs) of the NC Department of Transportation for linear transportation projects when complying with Phase II NPDES requirements.
Act becomes effective retroactively to January 1, 2012.
Intro. by Parmon. | UNCODIFIED |
Senate amendment makes the following change to the 1st edition:
Makes technical change to the bill title by deleting the word "inmates" after "hundred fifty thousand."
Intro. by Woodard, McKissick. | GS 153A |
Senate committee substitute makes the following changes to the 1st edition.
Makes the provisions of proposed GS 58-50-295 applicable only to agreements between an insurer or an entity that writes vision insurance and an optometrist (was, an optometrist or an ophthalmologist).
Adds new subsection (c) to require optometrists to provide a written disclosure to patients in no smaller than a ten point font that informs the patient in prescribed language that there is no obligation on the part of the patient to purchase glasses or other vision products from the prescribing provider and that the patient is free to obtain a written prescription to use in purchasing prescription vision products from any other vendor.
Amends the title.
Intro. by Meredith, Newton, Walters. | GS 58 |
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 15A-1368.4, Conditions of post-release supervision, providing that the Post-Release Supervision and Parole Commission can impose a condition of community service on a supervisee who was a Class F through I felon who has failed to fully satisfy any order for restitution, reparation, or costs imposed against the supervisee (previously, the condition of community service was imposable on any supervisee). Further provides that the Commission cannot impose such a condition if it is determined that the supervisee has the financial resources to satisfy the order.
Amends GS 143B-721(d), providing that a three-member panel of the members of the Commission can set the terms and conditions for a post-release supervisee under GS 15A-1368.4. Establishes that in the event of a tie in a vote by the full Commission, the chair shall break the tie with an additional vote. Effective when the act becomes law and applies to actions taken by the Commission on or after that date.
Senate committee substitute makes the following changes to the 1st edition.
Changes the short title.
Deletes the provisions of the previous edition in their entirety and makes the following proposed changes.
Provides whereas clauses dealing with B. Everett Jordan Lake.
Establishes that the NC General Assembly intends to address the water quality in Jordan Lake and recognizes six items to be true, including that the lake was authorized, designed, and constructed by the federal government and, prior to impoundment, documentation shows that the federal government knew the lake would be an impaired body of water and that the design of the lake creates a situation of perpetual impairment regardless of upstream variables. Therefore, the state's existing nutrient management strategies regulating the lake basin will continue to have little or no effect on water quality improvement in the lake itself.
Directs the Environmental Management Commission (EMC), no later than October 1, 2013, to repeal the following administrative rules, 15A NCAC 02B .0262 through .0273 and 15A NCAC 02B .0311.
Repeals SL 2009-216, Part II of SL 2009-484, Section 14 of SL 2011-394, Section 12.1 of SL 2012-187, Subsections 9(c) through 9(g) of SL 2012-200, and Subsections 11(a) through 11(e) of SL 2012-201.
Establishes the Jordan Lake Study Subcommittee of the Legislative Research Commission to consider all the issues deemed relevant in addressing the water quality of Jordan Lake. Provides that five senators and five representatives will be appointed by their respective leaders to serve on the subcommittee. The subcommittee must undertake eight specified activities, including reviewing the history of Jordan Lake and its nutrient loading issues and considering the potential future conditions and uses of Jordan Lake. Findings and recommendations are to be submitted to the 2014 Regular Session of the 2013 General Assembly, Environmental Review Commission, and the Fiscal Research Division.
Directs DENR and the EMC to consult with the US Army Corp of Engineers and the US EPA to identify specified mitigation strategies.
Subsection 2(b) of this act becomes effective October 1, 2013. The remainder of this act is effective when it becomes law.
Intro. by Gunn, Wade. | UNCODIFIED |
Senate committee substitute to the 1st edition makes the following changes. Amends GS 66-420 to add the term copper, defined as nonferrous metals including copper wire, copper clad steel wire, copper pipe, copper bars, copper sheeting, copper tubing and pipe fittings, and insulated copper wire. The term does not include brass alloys, bronze alloys, lead, nickel, zinc, or itmes not containing a significant quantity of copper. Makes a conforming change to the definition of nonferrous metals to include copper, removing references to specified copper items that are now included under the term "copper." Deletes proposed amendments to GS 66-424 and GS 66-421.
Intro. by Tucker. | GS 66 |
Senate committee substitute to the 2nd edition makes the following changes. Adds the requirement that the NC Military Affairs Commission (Commission) meet at least once each quarter and adds the General Assembly to those entities that the Commission must report to at least every six months. Requires the Commission to provide the General Assembly with recommendations for legislation before the start of a regular session. Specifies that the Commission includes 20 voting members. Amends the qualifications for various members to allow appointment of a person who is retired from the military and who is actively involved in a military affairs organization or who is involved in military issues through civic, commercial, or governmental relationships (was, only involved in military issues through civic, commercial, or governmental relationships). Adds the Superintendent of Public Instruction to the list of nonvoting ex-officio Commission members. Deletes the provision concerning membership terms of the Executive Committee and instead provides that the voting members serve for two terms, with no prohibition against being reappointed, and provides for the terms of specified initial appointments. Requires initial terms to commence on July 1, 2013. Requires the Department of Commerce to use funds within its budget for the authorized per diem, subsistence, and travel expenses.
Intro. by Brown. | GS 127C |
Senate amendment makes the following changes to the 1st edition:
Amends GS 20-139.1 to change the date after which blood or urine evidence may be destroyed by the analyzing agency without further notice to the parties from 12 months after the issuance of the report to 12 months after the case is filed or after the case is concluded in the trial court and not under appeal, whichever is later.
Modifies the effective date clause to make Section 1, amending GS 20-139.1, effective when the act becomes law (was, December 1, 2013).
Intro. by Newton. |
Senate committee substitute makes the following changes to the 1st edition.
Deletes proposed change to GS 113-291.6(d).
Amends GS 113-291.6, providing that "bucket sets" are prohibited. Establishes that conibear type traps with bait and an inside jaw spread or opening greater than 5 1/2 inches and no more than 7 1/2 inches can be set on dry land only under specified restrictions. Provides that conibear type traps set without an enclosure, as described in this section, and without bait can be set on dry land only under specified restrictions.
Amends GS 113-270.5(a), requiring that all individuals licensed pursuant to this section after October 1, 2014, to complete a trapper education course approved by the NC Wildlife Resources Commission.
Directs the NC Wildlife Resources Commission to adopt rules to require the reporting of domestic animals taken by trapping.
Effective December 1, 2013, and applies to offenses committed on or after that date.
Intro. by Sanderson. | GS 113 |
Senate committee substitute makes the following changes to the 1st edition.
Makes a technical correction to the labeling of a subsection under GS 130A-498. Makes a clarifying change to GS 115D-20.1 to prohibit a local community college board of trustees from adopting and enforcing a smoking policy that is more restrictive than state law.
The Daily Bulletin: 2013-05-14
House committee substitute makes the following changes to the 1st edition.
Amends the act, providing that the amount provided for the 2013-14 school year must equal the amount expended by the Lee County Schools for the 2012-13 fiscal year in state funds for school resource officers (SROs), adjusted by the amount of any increase or decrease for the 2013-14 fiscal year in State or federal funds allotted for SROs or school safety officers (SSOs). In subsequent years, the amount provided must be the amount for the prior fiscal year and must also be adjusted by the amount of any increase or decrease in state or federal funds for SROs or SSOs.
Intro. by Stone. | Lee |
House Amendment #1 makes the following changes to the 2nd edition:
Changes the bill title to limit reference to company police officers only.
Rewrites the bill in its entirety to amend GS 122C-251 (instead of GS 122C-263) by adding a new subsection (i) authorizing company police officers employed by a hospital certified under GS 74E-2(b) to use appropriate and reasonable force to keep a respondent at a facility where the respondent is detained under an involuntary commitment order and to return the respondent to the facility pursuant to a continuous and immediate pursuit; authorities vested to company police officers under this subsection are available when law enforcement, after collaboration with the hospital, determines that the respondent is safe to be temporarily detained at the facility.
House Amendment #2 makes the following changes to the 2nd edition as amended:
Changes the bill title to clarify that the bill applies in certain counties.
Adds Wilkes County to the application of the act (was only Ashe County).
Intro. by Jordan. | GS 122C |
The Daily Bulletin: 2013-05-14
Senate committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and instead repels SL 1935-157 (providing for the registration of pistols and similar firearms by owners in Durham County). Updates the act's titles.
Intro. by Woodard. | Durham |
Senate committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces it with the following. Requires the county commissioners of Alamance and Guilford counties to requires that the NC Geodetic Survey (NCGS) conduct a preliminary resurvey and present a proposed boundary map for consideration. Allows the counties to maintain the current recognized government functions in place until July 1, 2014. Requires the counties to resurvey the boundary line in areas where property owners have met the established administrative criteria to be assigned to a specific county and in areas where the NCGS line is not reasonable or is unduly burdensome. Requires the counties, after the survey and petition process, and no later than May 15, 2014, to submit to the General Assembly for ratification a completed survey that includes the NCGS line and all mutually agreed upon modifications. Amends the act's title.
Senate committee amendment makes the following changes to the 1st edition. Changes the act's effective date from when the act becomes law to June 30, 2013.
Intro. by Brock. | Rowan |
Senate committee substitute makes the following changes to the 1st edition:
Amends the bill long and short titles to conform to changes in the bill.
Amends GS 105-236(a)(3) to provide that the penalty for failure to file a return for personal income tax is $100, and that the existing penalty for failure to file a return applies to all other taxes.
Deletes proposed changes to GS 105-236(a)(3), and instead amends GS 105-236(a)(4) to delete the five dollar minimum penalty for failure to pay a tax when due, leaving the penalty amount as 10% of the tax.
Modifies the effective date of the act consistent with the changes in the bill.
Intro. by Rucho, Rabon, Rabin. | GS 105 |
Actions on Bills: 2013-05-14
H 13: STATE AGENCY PROPERTY USE/BIENNIAL REPORT.
H 26: STRENGTHEN LAWS/VEHICLE THEFT.
H 27: ESCHEAT SAVINGS BOND TRUST FUND/SCHOLARSHIPS.
H 60: TRANSFER OF INDIAN CULTURAL CENTER PROPERTY.
H 74: REGULATORY REFORM ACT OF 2013 (NEW).
H 92: GSC TECHNICAL CORRECTIONS 2013.
H 94: AMEND ENVIRONMENTAL LAWS 2013.
H 119: NATURAL GAS/RATE ADJUSTMENT MECHANISM.
H 168: DIVISION OF ATTY'S FEES IN WORKERS' COMP (NEW).
H 177: AMEND CERTIFICATE OF NEED LAWS.
H 201: BUILDING REUTILIZATION FOR ECONOMIC DEV. ACT.
H 219: UPDATE REFERENCES/CHILD BORN OUT OF WEDLOCK (NEW).
H 243: LIENS/SELF-SERVICE STORAGE FACILITIES.
H 254: ZONING CHANGES/NOTICE TO MILITARY BASES.
H 273: CHARTER SCHOOL/LEA ACCOUNTING OF FUNDS.
H 281: RECORD OF EXCUSALS FROM JURY DUTY.
H 311: REPEAL LITERACY TEST.
H 320: MEDICAID MANAGED CARE/BEHAVIORAL HEALTH SVCS.
H 343: COURTS/PROCEDURE AND FEE AMENDMENTS.-AB
H 345: INCREASE PENALTIES FOR MISUSE OF 911 SYSTEM.
H 348: PUBLIC SAFETY TECHNOLOGY/STATE ROW.
H 364: TREAS.DEBT ISSUANCE ACCOUNTABILITY/PED STDY (NEW).
H 374: RESCIND CONSTITUTIONAL CONVENTION CALLS.
H 378: STUDY OVERSIGHT OF MPOS.
H 428: NORTH CAROLINA SCHOOL BUS SAFETY ACT.
H 433: LAND USE SURROUNDING MILITARY INSTALLATIONS.
H 458: PUBLIC HOSPITAL CONVEYANCES (NEW).
H 465: NO POSSESSION OF FIREARMS/UNDOCUMENTED ALIENS.
H 473: NC CAPTIVE INSURANCE ACT.
H 477: ALLISON'S LAW/USE OF GPS TRACKING DEVICE/DVPO.
H 479: AMEND ELECTROLYSIS PRACTICE ACT/FEES.
H 480: ENVIRONMENTAL PERMITTING REFORM.
H 484: PERMITTING OF WIND ENERGY FACILITIES.
H 485: STOCK CAR RACING THEME PLATE PROCEEDS.
H 488: REGIONALIZATION OF PUBLIC UTILITIES.
H 498: AUTISM HEALTH INSURANCE COVERAGE (NEW).
H 519: PROPERTY INSURANCE RATE-MAKING REFORM.
H 535: ALL ARRESTEES FINGERPRINTED/PHOTOGRAPHED.
H 552: REMOVE AREA FROM COUNTY SERVICE DISTRICT.
H 573: STORMWATER MANAGEMENT FEE USES.
H 593: REGISTER OF DEEDS HOURS.
H 615: REMOVE REVOCATION FOR DWLR (NEW).
H 623: MODIFY WEIGHT LIMITS FOR LINE TRUCKS.
H 625: ZONING/HEALTH CARE STRUCTURE.
H 626: NOTIFY LAW ENFORCEMENT OF TOWED VEHICLES (NEW).
H 628: PROTECT/PROMOTE LOCALLY SOURCED BLDG. MTRL'S (NEW).
H 629: AMEND DEFINITION OF SPECIAL PURPOSE PROJECT.
H 632: PROPERTY OWNERS PROTECTION ACT/STUDY (NEW).
H 634: STANDARDIZE EMERGENCY HOSPITAL CODES.
H 644: PREVENT HAZARDOUS DRUG EXPOSURE.
H 663: DEFINE PRACTICE OF LAW.
H 664: CELL TOWER DEPLOYMENT ACT.
H 669: 2013 APPOINTMENTS BILL (NEW).
H 674: STUDY MEDICAID PROVIDER HEARINGS.
H 675: AMEND PHARMACY LAWS.
H 677: CONSOLIDATION OF CERTAIN FIRE DISTRICTS (NEW).
H 684: INCREASE DRIVEWAY SAFETY ON CURVY ROADS.
H 710: WATER UTILITY RECOVERY.
H 714: DISPOSITION OF ABANDONED FIREARMS (NEW).
H 727: ALT. PROCEDURE FOR OBTAINING SALVAGE TITLE.
H 735: STUDENT ORGANIZATIONS/RIGHTS & RECOGNITION
H 743: UI LAWS ADMINISTRATIVE CHANGES.
H 759: REQUIRED NUMBER OF OPERATING BRAKE LIGHTS.
H 765: JURY INSTRUCTIONS FOR SCHOOL BUDGET DISPUTE.
H 773: LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS.
H 774: BUILDING CODE EXCLUSION/PRIMITIVE STRUCTURES.
H 777: SEX OFFENDER/EXPAND RESIDENTIAL RESTRICTIONS.
H 793: HOAS/FIDELITY BONDS.
H 794: VOTER FREEDOM ACT OF 2013.
H 796: EXEMPT CERTAIN COLUMBARIUMS/CEMETERY ACT.
H 798: RELEASE OF MEDICAL RECORDS.
H 802: LANDLORD/TENANT/SHORTEN EVICTION TIME.
H 810: MODIFY CERTAIN CEMETERY REQUIREMENTS.
H 813: BAN SYNTHETIC CANNABINOIDS (NEW).
H 816: TOBACCO GROWERS ASSESSMENT ACT (NEW).
H 832: EXPAND PHARMACISTS' IMMUNIZING AUTHORITY.
H 834: MODERN STATE HUMAN RESOURCES MANAGEMENT/RTR (NEW).
H 838: EXCEPTIONAL CHILDREN'S SERVICES/STUDY.
H 842: STUDY OF SPIRITOUS LIQUOR SALES-DISTILLERY (NEW).
H 843: STUDENTS & ADMINISTRATION EQUALITY ACT.
H 850: POSSESSION OF NEEDLES/TELL LAW OFFICER.
H 854: BROADBAND/USF STUDY (NEW).
H 884: DROPOUT PREV./RECOVERY PILOT CHARTER SCHOOL (NEW).
H 888: STUDY DRUG LAWS/ELLISON V. TREADWAY (NEW).
H 891: EXPLOITATION OF SRS/FREEZE DEFENDANT'S ASSETS.
H 895: UNC/MAHEC/HONOR REP. MARY NESBITT.
H 900: EXEMPT CONTINUING CARE FACILITIES FROM CON.
H 902: EDUCATION AND WORKFORCE INNOVATION ACT.
H 908: WHITE COLLAR CRIME INVESTIGATION (NEW).
H 912: VOLUNTARY CONTRIBUTIONS TO THE GENERAL FUND (NEW).
H 918: ELECTIONEERING AND IE REPORTING CHANGES.
H 919: CAMPAIGN FINANCE ELECTRONIC REPORTING.
H 923: SPECIFY TIME/REINSTATE LICENSE/CHILD SUPPORT.
H 926: NOTARIES/PRIVATE RIGHT OF ACTION.
H 936: WILDLIFE POACHER REWARD FUND.
H 1002: RAIL CORRIDOR LEASE/TOWN OF BELMONT.
S 25: HUNTING & FISHING/ACTIVE DUTY MILITARY.
S 32: PERIODIC REVIEW AND EXPIRATION OF RULES.
S 73: LOCAL WORKFORCE DEV./DISLOCATED WORKERS.
S 78: LAW ENFORCEMENT PRIVACY/PUBLIC WEB SITES.
S 85: UNC/MED STUDENT CLINICAL ROTATION SLOTS.
S 103: AMEND ASSESSMENTS FOR INFRASTRUCTURE NEEDS (NEW).
S 112: CREATE JOBS THROUGH REGULATORY REFORM (NEW).
S 127: ENERGY/ECONOMIC DEVELOPMENT MODIFICATIONS (NEW).
S 132: HEALTH CURRICULUM/PRETERM BIRTH.
S 151: COASTAL POLICY REFORM ACT OF 2013.
S 156: CLARIFY LEC PROCEDURES/TC.
S 174: DISAPPROVE INDUSTRIAL COMMISSION RULES.
S 182: LIMIT APPEALS TO SUPERIOR COURT.
S 199: ELECTRIC MEMBERSHIP CORPS/MEMBER CONTROL.
S 210: AUTHORIZE CHIEF MAGISTRATES.
S 211: CITIES/PUBLIC NUISANCE NOTICE.
S 248: CHOICE OF HEARING AID SPECIALIST.
S 287: NOTICE PUBLICATION--CERTAIN LOCAL GOVS. (NEW).
S 292: IMMEDIATE LICENSE REVOCATION FOR REFUSAL.
S 294: ALLOW USE OF DOT STORMWATER BMPs (NEW).
S 321: INMATE COSTS/CT.APPT./NOTARIES.
S 327: CLARIFY MOTOR VEHICLE LICENSING LAW.
S 370: RESPECT FOR STUDENT PRAYER/RELIGIOUS ACTIVITY (NEW).
S 371: PATIENT SAFETY IN OPERATING ROOMS.
S 393: CONSTRUCTIVE FRAUD/LIMITATIONS PERIOD.
S 399: CRIMINAL DEFENDANT MAY WAIVE JURY TRIAL.
S 403: OMNIBUS ELECTION CLARIFICATIONS (NEW).
S 406: REPEAL LAWS DENIED SECTION 5 PRECLEARANCE.
S 409: ASSESS COSTS/RESTRAINING ORDERS (NEW).
S 431: CONFIRM COMMISSIONER OF BANKS.
S 432: MILITARY APPRECIATION DAY.
S 444: UNC/CHEROKEE LANGUAGE.
S 463: JAIL DORMITORY MINIMUM STANDARDS.
S 465: PROHIBIT USE OF TAX ZAPPER SOFTWARE.
S 468: ALIGN INSPECTIONS W/INSTALLER LICENSING.
S 473: HEALTH COST TRANSP/SPEAKER AND PPT STANDING (NEW).
S 477: NO SET FEE/NONCOVERED VISION SERVICES.
S 494: COMMUNITY SERVICE/POST-RELEASE SUPERVISION.
S 515: JORDAN LAKE WATER QUALITY ACT (NEW).
S 542: DRUG TESTING FOR LTC APPLICANTS & EMPLOYEES.
S 553: LME/MCO ENROLLEE GRIEVANCES & APPEALS.
S 583: METAL THEFT STATUTE AMENDMENTS.
S 584: AMEND FALSE LIENS LAW.
S 613: CREATE MILITARY AFFAIRS COMMISSION.
S 626: RECODIFY ANIMAL SHELTER LAW.
S 630: EVIDENCE & DNA EXPUNCTION LAWS.-AB
S 636: WILDLIFE RESOURCES COMM. PENALTY CHANGES.
S 638: NC FARM ACT OF 2013.
S 676: 10 YR. MIN FOR 2ND GUN FELONY CONVICTION.
S 683: SAFE HARBOR/VICTIMS OF HUMAN TRAFFICKING.
S 689: AMEND TRAPPING LAW.
S 703: LIMIT LOCAL REGULATION OF OUTDOOR SMOKING.
S 719: STUDENT ORGANIZATIONS/RIGHTS & RECOGNITION.
Actions on Bills: 2013-05-14
H 107: EASTERN REGION/DISBURSEMENT OF FUNDS (NEW).
H 116: CARRBORO OFFICE OF ALDERMAN.
H 305: CHAPEL HILL/ECONOMIC DEVELOPMENT PROJECTS.
H 349: FAYETTEVILLE/MAY DISCLOSE POLICE COMPLIANT.
H 491: SCHOOL RESOURCE OFFICERS/LEE COUNTY.
H 501: BUNCOMBE CTY/COMMUNITY COLLEGE PROJECTS.
H 504: LOCAL ELECTRONIC NOTICE.
H 512: CENTRAL CAROLINA COM. COLL. TRUSTEE ELECTIONS (NEW).
H 526: CHADBOURN VOLUNTARY ANNEXATION.
H 530: BUNCOMBE MPO MEMBERSHIP.
H 533: DETENTION OF MENTALLY ILL IN FACILITY (NEW).
H 551: AMEND WILMINGTON FIREFIGHTERS' RELIEF FUND.
H 562: CRAMERTON CHARTER REVISAL.
H 567: LUMBERTON DEANNEXATION.
H 726: WAKE COUNTY COMM. RESP. FOR SCHOOL CONSTR. (NEW).
H 1001: REPEAL STATESVILLE CIVIL SERVICE BOARD.
S 226: REPEAL 1935 DURHAM CO. FIREARM ACT (NEW).
S 257: ALAMANCE/GUILFORD COUNTY BOUNDARY.
S 269: SALISBURY/DEANNEX ROWAN CTY AIRPORT PROPERTY.
S 297: WINSTON-SALEM/LOCAL DEVELOPMENT.
S 523: WRIGHTSVILLE BEACH DEANNEX/WILMINGTON ANNEX (NEW).
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