House committee substitutemakes the following changes to the 2nd edition.
Amends GS 136-89.198(a)(3) to amend to the conditions that must be met in order to collect tolls on existing highway capacity by directing the Turnpike Authority (Authority) to use the revenue from collected tolls to rebuild, repair, maintain, orincrease capacity on the interstate corridor on which the tolls were collected, including roads used for ingress or egress to the toll facility or roads that intersect with the toll facility, whether by ramps or separated grade facility and located within one mile in any direction. Specifies that the revenues from the tolls cannot be used to repair, maintain, or upgrade any other state primary or secondary road adjacent to or connected with the interstate highways.
The Daily Bulletin: 2013-05-16
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The Daily Bulletin: 2013-05-16
| Intro. by Collins, Torbett, Floyd, Wray. | GS 136 |
House committee substitute makes the following changes to the 3rd edition.
Deletes Section 4.1(a) of the act, which provided for the codification of the findings in the case of Rockford-Cohen Group, LLC, v. North Carolina Department of Insurance, et al., where the Superior Court's order preliminarily enjoined the defendants from enforcing SL 2012-183 in part because it found that the session law violated Section 32 and 33 of Article 1 of the NC Constitution.
Deletes the previous repeal of SL 2012-183 (providing for the pre-licensing and continuing education of bail bondsmen and runners).
Deletes language which made the above provisions retroactively effective on October 1, 2012.
Makes a conforming change.
| Intro. by Collins, Dockham. | GS 58 |
House amendment to the 2nd edition makes the following changes. Changes the effective date from when the act becomes law, to July 1, 2013, and specifies that the act applies to agreements and contracts entered into on or after July 1, 2013.
| Intro. by Whitmire, Cleveland, Schaffer, Pittman. | GS 1 |
House amendment #4 makes the following changes to the 2nd edition, as amended. Amends the effective date of the act to remove remaining provisions concerning Section 1(c) of the act, which was previously deleted from the act.
House amendment to the 3rd edition makes the following changes. Corrects the name of the American Council on Education. Amends the issues that the State Board of Education is required to study to include potential reduction in teacher and school administrator licensure requirements for certified instructors (was, certified master instructors).
| Intro. by Murry, Whitmire, Szoka, Pierce. | UNCODIFIED |
House committee substitute makes the following changes to the 2nd edition.
Clarifies that in awarding credit for salary purposes to teachers, principals, and assistant principals, the State Board of Education (SBE)is to award one full year of experience credit for each two years of full-time relevant non-teaching work experience completed (was, non-teaching work experience obtained) while on active military duty in the US Armed Forces and before earning a bachelor's degree (was, by individuals without a bachelor's degree). Awards one full year of experience credit for every two years of full-time instructional or leadership training while on active military duty in the Armed Forces, regardless of the academic degree held while participating in the training (was, limited relevant non-teaching work experience that could be credited for salary purposes for military veterans to five years).
Directs the SBE to include in the specific criteria developed for determining the relevance of non-teaching work experience earned while on active military duty a process for reviewing and accepting military transcripts and corresponding American Council for Education (CE) recommendations for awarding academic and experiential credit.
Requires the SBE to study (1) the costs and benefits of providing student teaching stipends to persons pursuing a teacher or school administrator licensewho served in the military and are retiredor were honorably discharged and (2) the potential reductions in teacher and school administrator licensure requirements for individuals who are certified master instructors. Directs the SBE to report the results of the study to the Joint Legislative Education Oversight Committee by December 9, 2013.
| Intro. by Murry, Whitmire, Szoka, Pierce. | UNCODIFIED |
Houseamendments make the following changes to the 2nd edition, as amended.
Amendment #2 rewritesnew GS 99F-5 to specify that an employer is prohibited from requiring or requesting an employee or an applicant to disclose the employee's username and password or a password that allows the employer to access the employee's or applicant's personal Internet account (was, prohibited an employer fromrequiring or requesting that an employee or an applicant provide access or information to access the employee's or applicant'spersonal electronic account). Clarifies that an employer is prohibited from compelling (was, either requesting or requiring) an employee or applicant to add the employer or the employer's representative to the applicant or employee's personal social networking account.Deletes provision that prohibits an employer from accessing an employee's or applicant's social networking account indirectly through any other person who is a social networking contact of the employee or applicant.
Deletes three exceptions to the Chapter listed in GS 99F-8, which provided that the Chapter does not prohibit an employer from requiring an employee to disclose any name, password, or other means for accessing specified accounts or services; limit rights concerning workplace policies on the use of electronic equipment; and prevent compliance with state a federal rules or regulations
Enacts new GS 99F-9 to identify five actions by employers that are not prohibited under proposed new GS Chapter 99F, Job and Education Privacy Act. Among the permitted actions by an employer are requesting or requiring an employee to disclose a username or password for the limited purpose of gaining access to (1) an electronic communications device supplied or paid for by the employer, or (2) an account or service provided by the employer, obtained by virtue of the employee's employment relationship with the employer, or used for the employer's business purposes. Also provides that this Chapter does not prohibit an employer from conducting an investigation or requiring an employee to cooperate in an investigation, including requiring an employee to share the content that has been reported in order to make a factual determination about the nature of the content.
Enacts GS 99F-10 to declare that this Chapter does not create a duty for an employer to search or monitor the activity of an employee's personal Internet account. Also exempts an employer from liability under this Chapter for failing to request or inquire that an job applicant or an employee allow access to or observation of an employee's or applicant's personal Internet account.
Enacts GS 99F-11 to provide that the state Attorney General may bring a civil cause of action against an employer on behalf of a citizen aggrieved by a violation of this Chapter.Provides that if the court finds a violation of this Chapter, the amount of the award is limited to not more than $500 per violation.
Amendment #3 changes the effective date of this act to October 1, 2013 (was, when the act becomes law).
| Intro. by D. Hall, Saine. | GS 99F |
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 143-214.11, Ecosystem Enhancement Program: compensatory mitigation, providing that the emphasis of compensatory mitigation is on replacing functions and values within the same river basin (previously, emphasis was only placed on replacing functions). Amends the basis for compensatory mitigation payments, providing that the monetary payment will be based on the ecological function and values of specific types of wetlands and streams, including coastal wetlands, riparian wetlands, non-riparian wetlands, perennial streams, and intermittent streams. Establishes that waters of the state that are considered to be isolated wetlands will have 1/3 the functional value of wetlands that are contiguous with waters of the United States and intermittent streams will have 1/3 the functional value of perennial streams.
Directs the Environmental Management Commission to adopt rules, no later than March 1, 2014, to amend its standardized schedule for compensatory mitigation payments consistent with GS 143-214.11, as amended above.
Deletes Section 3.1 and 3.2 of the 1st edition, which directed the Department of Environment and Natural Resources (DENR) to study the administration of the Section 404 permitting program and set a deadline for DENR to report its findings.
| Intro. by Lewis. | GS 143 |
House committee substitute makes the following changes to the 1st edition.
Changes the short and long titles.
Deletes the provisions of the 1st edition in its entirety and makes the following proposed changes.
Provides that the General Assembly directs the Director of the Budget (Director), with the State Controller and other necessary officials, to change the budget adjustments below in an amount not to exceed $401 million to cover a projected budget shortfall of $283 million and for the repayment of federal Medicaid drug rebates in the amount of $118 million.
Provides that the Director will make the following adjustments to increase the budget of the Division of Medical Assistance (DMA). The adjustments are set forth in priority with no adjustment being made until the preceding adjustment has been completely exhausted. (1) $74 million from the drug rebate refunds within the DMA; (2) $20.9 million from state appropriations not expended pursuant to Section 10.9g of SL 2012-142; (3) a minimum of $48 million from reversions within DHHS, with specified restrictions; (4) $213,432,878 from the June 30, 2012, unreserved fund balance; and (5) up to $44,667,122 from revenue overcollections for the 2012-13 fiscal year.
Provides that any budget adjustments provided for above will only be used to pay the costs of the State Medicaid Program for the 2012-13 fiscal year. Any adjustments not needed for these costs will revert to the unreserved fund balance of the General Fund. Provides that no adjustment or transfer will be made if doing so would impose, increase, or continue a financial obligation in the 2013-14 fiscal year or any subsequent fiscal year.
Requires the Office of State Budget and Management to maximize General Fund reversions for the 2012-13 fiscal year from all state agencies and departments to increase the June 30 unreserved fund balance.
Provides that, on or before October 1, 2013, the Office of State Budget and Management, DHHS, and the Office of State Controller will jointly report on the implementation of this act. The Office of State Budget and Management and DHHS will report on each measure taken and the Office of State Controller will certify compliance with Section 3 and Section 4 of the act. The report will be made to the Appropriations/Base Budget Committee of the Senate, the Appropriations Committee of the House, and the Joint Legislative Commission on Governmental Operations. Reporting requirements under GS 143C-6-4 do not apply to the adjustments made in the act.
| Intro. by Burr. | APPROP |
The Daily Bulletin: 2013-05-16
The Daily Bulletin: 2013-05-16
House committee substitute makes the following changes to the 1st edition.
Changes the short and long title.
Deletes the provisions of the 1st edition in its entirety and makes the following proposed changes.
Enacts a new subsection GS 158-42(g), regarding disbursement of tax proceeds, providing that the North Carolina's Eastern Region (Region) will disburse to a participating county, after receipt of a resolution adopted by the county's board of commissioners, its net share of tax proceeds which have been placed in trust. A county's net share is the total amount in the trust attributable to that county, less the total amount of outstanding loans from the Region and less any amount attributable to an appropriation made to the Region by the General Assembly. A resulting negative amount results in the county not being entitled to a disbursement. Disbursed funds can only be used for economic development purposes, as described in this subsection.
Repeals GS 158-41(a) concerning withdrawal from the Region.
Effective July 1, 2013.
| Intro. by Speciale. | GS 158 |
House amendment makes the following changes to the 2nd edition.
Amends GS 158-42(g), providing that upon accepting the disbursement of funds provided for in this section, the county will be removed from the Region.
Adds new Section 2.1, providing that this act only applies to Craven County.
The Daily Bulletin: 2013-05-16
Actions on Bills: 2013-05-16
H 109: MOTORCYCLE HELMET LAW/STUDY (NEW).
H 112: MODIFICATIONS/2013 APPROPRIATIONS ACT (NEW).
H 119: NATURAL GAS/RATE ADJUSTMENT MECHANISM.
H 157: LIMIT USE OF HIGHWAY FUND CREDIT BALANCE.
H 182: ADJOURNMENT (NEW).
H 232: STATE HEALTH PLAN/STATUTORY CHANGES.-AB
H 243: LIENS/SELF-SERVICE STORAGE FACILITIES.
H 254: ZONING CHANGES/NOTICE TO MILITARY BASES.
H 267: CAPTIVE INSURANCE AMENDMENTS (NEW).
H 269: CHILDREN W/DISABILITIES SCHOLARSHIP GRANTS.
H 273: CHARTER SCHOOL/LEA ACCOUNTING OF FUNDS.
H 300: CITIES/PUBLIC TRUST RIGHTS.
H 320: MEDICAID MANAGED CARE/BEHAVIORAL HEALTH SVCS.
H 341: TAX CREDIT FOR DOL APPRENTICE HIRES.
H 345: INCREASE PENALTIES FOR MISUSE OF 911 SYSTEM.
H 359: RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2013.
H 362: DEPT. OF PUBLIC SAFETY CHANGES.-AB
H 378: STUDY OVERSIGHT OF MPOS.
H 417: MODIFY INTERNAL AUDITING STATUTES.
H 433: LAND USE SURROUNDING MILITARY INSTALLATIONS.
H 450: CRIMINAL CONTEMPT/BAIL PROCEDURE (NEW).
H 465: NO POSSESSION OF FIREARMS/UNDOCUMENTED ALIENS.
H 473: NC CAPTIVE INSURANCE ACT.
H 484: PERMITTING OF WIND ENERGY FACILITIES.
H 498: AUTISM HEALTH INSURANCE COVERAGE (NEW).
H 614: NC AGRICULTURE AND FORESTRY ACT.
H 639: WC INS. CANCELLATION/ELEC. COMMUNICATONS (NEW).
H 649: SMALL GROUP HEALTH INS. TECHNICAL CHANGES.
H 654: ENERGY SAVINGS INCENTIVES/STATE AGENCIES.
H 676: ELIMINATE DIETETICS/NUTRITION BOARD.
H 683: COMMONSENSE CONSUMPTION ACT.
H 691: LIMIT SOLDIERS CC TUITION.
H 695: FAMILY, FAITH, AND FREEDOM PROTECTION ACT (NEW).
H 710: WATER UTILITY RECOVERY.
H 711: DEFINE PARENTAL RIGHTS STANDARD/STATUTORY LAW.
H 714: DISPOSITION OF ABANDONED FIREARMS (NEW).
H 730: INSURANCE & HEALTH CARE CONSCIENCE PROTECTION (NEW).
H 735: STUDENT ORGANIZATIONS/RIGHTS & RECOGNITION
H 767: CORPORAL PRUITT RAINEY BRASS TO CLASS ACT.
H 793: HOAS/FIDELITY BONDS.
H 805: BAN SMOKING IN FOSTER CARE SETTING/INFANTS.
H 814: STUDY WATER & SEWER SERVICE DISTRICTS.
H 820: JUDICIAL REFORM ACT.
H 834: MODERN STATE HUMAN RESOURCES MANAGEMENT/RTR (NEW).
H 840: TASK FORCE ON DEAF EDUCATION (NEW).
H 846: JOB AND EDUCATION PRIVACY ACT.
H 848: STUDY--CHILDREN'S HEALTH AND TOXIC CHEMICALS (NEW).
H 855: HUMAN TRAFFICKING.
H 857: PUBLIC CONTRACTS/CONSTRUCTION METHODS/DB/P3.
H 868: RESID. SCHOOL CHANGES.
H 901: ADJOURNMENT RESOLUTION (NEW).
H 918: ELECTIONEERING AND IE REPORTING CHANGES.
H 936: WILDLIFE POACHER REWARD FUND.
H 938: CLARIFY WETLANDS PERMITTING
H 980: MEDICAID/2012-2013 ADDITIONAL APPROPRIATIONS
H 982: MODIFY MEDICAID SUBROGATION STATUTE.
S 25: HUNTING & FISHING/ACTIVE DUTY MILITARY.
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 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 210: AUTHORIZE CHIEF MAGISTRATES.
S 211: CITIES/PUBLIC NUISANCE NOTICE.
S 294: ALLOW USE OF DOT STORMWATER BMPs (NEW).
S 376: MONTGOMERY CO. EMPLOYEES IN STATE HEALTH PLAN.
S 406: REPEAL LAWS DENIED SECTION 5 PRECLEARANCE.
S 409: ASSESS COSTS/RESTRAINING ORDERS (NEW).
S 431: CONFIRM COMMISSIONER OF BANKS.
S 463: JAIL DORMITORY MINIMUM STANDARDS.
S 468: ALIGN INSPECTIONS W/INSTALLER LICENSING.
S 475: PEO ACT AMENDMENTS.
S 477: NO SET FEE/NONCOVERED VISION SERVICES.
S 494: COMMUNITY SERVICE/POST-RELEASE SUPERVISION.
S 501: CLARIFY ATV DEF/EST. GEN. GOV. OVERSIGHT COMM (NEW).
S 515: JORDAN LAKE WATER QUALITY ACT (NEW).
S 553: LME/MCO ENROLLEE GRIEVANCES & APPEALS.
S 580: EXPEDITE CLEANUP OF ORPHAN LANDFILL SITES.
S 583: METAL THEFT STATUTE AMENDMENTS.
S 584: AMEND FALSE LIENS LAW.
S 613: CREATE MILITARY AFFAIRS COMMISSION.
S 614: MILITARY LANDS PROTECTION ACT.
S 630: EVIDENCE & DNA EXPUNCTION LAWS.-AB
S 636: WILDLIFE RESOURCES COMM. PENALTY CHANGES.
S 653: CLARIFY DEALER PLATES (NEW).
S 689: AMEND TRAPPING LAW.
S 717: MV SAFETY INSPECTOR/MV LICENSING LAW CHANGES (NEW).
Actions on Bills: 2013-05-16
H 107: EASTERN REGION/DISBURSEMENT OF FUNDS (NEW).
H 305: CHAPEL HILL/ECONOMIC DEVELOPMENT PROJECTS.
H 421: MARSHVILLE DEANNEXATION.
H 512: CENTRAL CAROLINA COM. COLL. TRUSTEE ELECTIONS (NEW).
H 533: DETENTION OF MENTALLY ILL IN FACILITY (NEW).
H 726: WAKE COUNTY COMM. RESP. FOR SCHOOL CONSTR. (NEW).
S 226: REPEAL 1935 DURHAM CO. FIREARM ACT (NEW).
S 236: SUP. CT. JUDGE CAN PERFORM MARRIAGE (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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