A BILL TO BE ENTITLED AN ACT AMENDING THE REQUIREMENTS RELATED TO NOTICE OF LAND USE PLANNING AND ZONING CHANGES TO BE GIVEN TO A MILITARY BASE BY COUNTIES OR CITIES NEAR THE MILITARY BASE. Enacted May 30, 2013. Effective May 30, 2013.
The Daily Bulletin: 2013-06-03
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The Daily Bulletin: 2013-06-03
The Daily Bulletin: 2013-06-03
A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW DEFINING HOME SCHOOLS. Enacted May 30, 2013. Effective May 30, 2013, and applies beginnning with the 2013-14 school year.
Intro. by Cook, Barefoot, Sanderson. | GS 115C |
House committee substitute makes the following changes to the 3rd edition.
Changes the deadline for local forensic science labs and certain forensic scientists to receive accreditation to July 1, 2015 (was, 2018 in the previous edition).
Intro. by Bingham, Goolsby, Newton. | UNCODIFIED |
House amendment #1makes the following changes to the 4th edition.
Amends new GS 122C-124.2 to provide that the independent review as specified in this section is to be provided by an External Quality Review Organization meeting certain requirements, beginning on February 1, 2014.
Assigns responsibility tothe Secretary of Health and Human Services (Secretary)as part of the the Secretary's duties in reassigninga contract to a compliant LME/MCO and overseeing the transfer of operations and contracts, to arrange for the service providers to be reimbursed from the remaining fund balance or risk reserve of the noncompliant local management entity/ managed care organization (LME/MCO), or from other funds of the Department of Health and Human Services (DHHS)if necessary, for all proper, authorized, and valid claims for services rendered that were not previously paid by the noncompliant LME/MCO.
Provides that with regards to the dissolution of a noncompliant LME/MCO, all of its assets, including any balance in its risk reserve are to be transferred to the compliant LME/MCO after reimbursements havebeen made to service providers under subdivision (1) of this subsection. Further clarifies the authorized use of risk reserve funds. Requires the Secretary to guarantee any needed riskreserves for the compliant LME/MCO arising from any additional assumedrisks until the compliant LME/MCO has established 15% risk reserves. Declares that any LME/MCO dissolved by the Secretary under this section may be dissolved at any time during the fiscal year.
Provides that adding one or more counties to an existing catchment area requiresthe adoption of a resolution to that effect by a majority of the area board and the approval of the Secretary (was, adoption of a resolution by the majority of the area board).
Amends GS 122C-115.3(e) to providefor the transfer of anyfund balance available to an area authority at the time of its dissolution, not used to pay liabilities, to the area authority contracted to operate the 1915(b)/(c) Medicaid Waiver in the catchment area of the dissolved authority (was, not used to pay liabilities pursuant to subsection (g) of this section). Provides that if the fund balance transfer is insufficient to constitute 15% of the anticipated operational expenses arising from the assumption of responsibilities from the dissolved area authority, then the Secretary is to guarantee the operational reserves for the area authority assuming the responsibilities under the 1915(b)/(c) Medicaid Waiver until the assuming authority has reestablished 15% operational reserves.
House amendment #2 makes the following changes to the 4th edition.
Makes the effective date for changes to GS 122C-115(a) January 1, 2014. Makes a conforming change to provide that except as specifically provided, this act is effective when it becomes law.
House committee substitute makes the following changes to the 2nd edition.
Amends GS 55-10-03, Amendment by board of directors and shareholders; GS 55-11-3, Action on plan; GS 55-11A-11, Plan of conversion; GS 55-12-02, Disposition of assets requiring shareholder approval; and GS 55-14-02, Dissolution by board of directors and shareholders to clarify that in order for an amendment, a plan of merger, share exchange, conversion, or a proposal to dissolve to be approved by the shareholders, or for a transaction to be authorized, the board of directors must recommend the approval of each unless one of the folllowing circumstances exist, in which event the board of directors must communicate the basis for not recommending the approval: (1) the board determines that, because of a conflict of interest or other special circumstances, it should not make a recommendation for approval or (2) GS 55-8-26 applies.
Changes effective date to January 1, 2014 (was, October 1, 2013).
Intro. by Clodfelter, Barringer, Brunstetter. | GS 55 |
House committee substitute to the 2nd edition makes the following changes. Amends GS 15-194 to require the Attorney General to provide written notification to the Secretary of the Department of Public Safety of specified events triggering the implementation of the sentence no more than 90 days (was, 60) after the event occurs. Also requires the Secretary to schedule a date for the execution of the death sentence no less than 15 days (was, 30 days) or more than 120 days (was, 60 days) from the date of receiving the notification. Changes the due date of the report to be made by the Attorney General to the Joint Legislative Oversight Committee on Justice and Public Safety to April 1, 2014 (was, 2013).
Amends GS 15-190 to require a licensed physician (was, surgeon or physician of the penitentiary) to be present at executions. Changes the due date of the report to be made by the warden to the Joint Legislative Oversight Committee on Justice and Public Safety to April 1, 2014 (was, 2013).
House committee substitute to the 2nd edition makes the following changes.
Adds a new section amending GS 106-65.105 to give the Commissioner of Agriculture the right of entry on the premises where necessary to enforce the provisions of Article 4H (Bedding) or rules adopted by the Board of Agriculture. Requires an administrative search and inspection warrant if consent to entry is not obtained.
Makes organizational changes to the act and updates the act's short and long titles.
A BILL TO BE ENTITLED AN ACT TO EXEMPT FROM PERMITTING REQUIREMENTS PERSONS INSTALLING ELECTRIC LOAD CONTROL SWITCHES UNDER THE LAWS REGULATING ELECTRICAL CONTRACTORS AND TO MAKE CONFORMING CHANGES UNDER THE LAWS PERTAINING TO BUILDING INSPECTION PERMITS FOR COUNTIES AND CITIES. Enacted May 30, 2013. Effective May 30, 2013.
House committee substitute makes the following changes to the 1st edition.
Amends GS 7A-243 to provide that the district court division is the proper division for civil actions in which the amount in controversy is $25,000 (was, $20,000 in the previous edition) or less and the superior court division is the proper division for actions in which the amount in controversy exceeds $25,000 (was, $20,000 in the previous edition).
Amends GS 7A-37.1(c), regarding court-ordered, nonbinding arbitration, providing that, except as otherwise provided in rules established by the NC Supreme Court pursuant to GS 7A-37.1(b), court-ordered, nonbinding arbitration will be used in all civil actions where claims do not exceed $25,000, unless all parties to the action waive arbitration.
Establishes that, notwithstanding the provisions of GS 7A-243 as amended by this act, from July 1, 2013, until June 30, 2015, either the district court or the superior court is the proper division for trial of civil actions where the amount in controversy is between $10,000 and $25,000.
Makes conforming changes.
Intro. by Goolsby. | GS 7A |
House committee substitute makes the following changes to the 3rd edition.
Providesthat loans issued in accordance with GS 53-176(a) cannot charge interest that exceeds the following actuarial rates with respect to a loan not exceeding $10,000:(1) cannot exceed 30% per annum on that part of the unpaid principal balance not exceeding $4,000 (was, $5,000); (2) cannot exceed 24% per annum on that part of the unpaid principal balance that exceeds $4,000 but does not exceed $8,000; and (3) and 18% per annum (was, 24% per annum)on the remainder of the unpaid principal balance.
Makes a technical correction to subsection (c) of GS 53-176.
Amends new GS 53-180.1 regarding the requirements and limitations of granting loans to military service members. Expands the restriction that prohibits a licensee from contacting a military service memberdeployed to a theater of combat or that member's spouse to collect on a loan providing that the licensee has received sufficient proof of the service member's deployment. Specifies that the restriction applies to a military service member deployed to a theater of combat, in a combat supporting role, in an area where there ishostile fire and/or when Imminent Danger Pay is authorized to the service member. Provides that written verification from the service member's commanding officer constitutes sufficient proof of the service member's deployment (was, only specified that an official copy of the member's deployment orders provided sufficient proof).
Intro. by Gunn, Newton, Clodfelter. | GS 53 |
Senate committee substitute to the 3rd edition makes a technical correction only.
Intro. by Daniel. | GS 97 |
House committee substitute to the 2nd edition makes the following changes. Amends the proposed changes to GS 9-14 to provide that the grand juror oath must include affirming to support the state's laws (was, the laws of the United States).
House committee substitute makes the following changes to the 3rd edition.
Amends GS 14-313(a), the definitions section, providing that the term tobacco product now includes tobacco-derived products, vapor products, or components of a vapor product (previously, the 3rd edition specifically excluded these products and components from the term tobacco product).
Makes conforming changes throughout the remainder of the act reflecting the change and inclusion of vapor products in the term and definition of tobacco product.
Amends GS 14-313(b1), regarding the distribution of tobacco products, providing for the removal of vending machines distributing tobacco-derived products, vapor products, or components of vapor products by August 1, 2013 (was, December 1, 2013).
Amends GS 14-313(e), regarding statewide uniformity of laws, providing that rules and regulations regarding these products will be uniform across the state and rules or regulations to the contrary cannot be enacted after August 1, 2013 (was, December 1, 2013).
Establishes that nothing in this act will be construed to affect the taxation of tobacco products, tobacco-derived products, vapor products, or components of a vapor product.
Changes the effective date, providing the act will become effective August 1, 2013 (was, December 1, 2013).
Intro. by Goolsby. | GS 14 |
Senate committee substitute to the 3rd edition amends the act's long title.
House committee substitute makes the following changes to the 1st edition.
Moves proposed changes to GS 143-151.42(a) found in the 1st edition to GS 143-151.42(b).
Intro. by Rabin. | GS 143 |
The Daily Bulletin: 2013-06-03
The Daily Bulletin: 2013-06-03
House committee substitute makes the following changes to the 2nd edition.
Provides that those elected to serve from the 2013 election for the Wake County Board of Education for Districts 1, 2, 7, and 9 will serve terms that expire on the first Monday in December of 2016 (was, first Monday in July of 2016).
Provides that the terms of the members of the Wake County Board of Education elected in 2011 are extended to expire on the first Monday in December of 2016 (was, first Monday in July of 2016).
Amends Section 7 of SL 1975-717, as amended, providing that, beginning in 2016, nine members of the Wake County Board of Education will be elected by the nonpartisan plurality election method in accordance with GS 163-292 and GS 163-294.2 (was, by the nonpartisan and runoff election method). Establishes that, notwithstanding GS 163-294.2(c) and GS 163-106, candidates seeking office must file notices of candidacy with the board of elections no earlier than noon on the last Friday in June and no later than noon on the 3rd Friday of the July preceding the election. Provides that such elections will be scheduled to coincide with the general election for county officers in even-numbered years (previously, the elections were to be scheduled with the primary election, with any required runoff elections to be held at the same time set by statute for a second primary).
Amends Section 6 of SL 1975-717, as amended, providing that, effective January 1, 2014 (was, January 1, 2016), all terms of office for Board members will begin on the first Monday in December (was, July), following their election (previous edition also created an exception for when a runoff election was required).
Intro. by Hunt, Barefoot. | Wake |
Actions on Bills: 2013-06-03
H 10: REMOVE ROUTE RESTRICTION FOR NC 540 LOOP.
H 13: STATE AGENCY PROPERTY USE/BIENNIAL REPORT.
H 146: BACK TO BASICS.
H 449: STATE CONTRACTS/FURNITURE.
H 591: REPORTING AND TERMS FOR LONG. DATA BOARD.
H 982: MODIFY MEDICAID SUBROGATION STATUTE.
H 1007: CONFIRM AYERS AS EXEC DIRECTOR NCUC.
S 129: LIMIT STATE FACILITIES FINANCE ACT DEBT.
S 200: EXTEND TIME FOR FORENSIC ACCREDITATION (NEW).
S 208: EFFECTIVE OPERATION OF 1915(B)/(C) WAIVER.
S 210: AUTHORIZE CHIEF MAGISTRATES.
S 222: REVISE CONTROLLED SUBSTANCES REPORTING.
S 239: AMEND NC BUSINESS CORPORATION ACT.
S 252: INCREASE PENALTY/CONTROLLED SUBSTANCE CRIMES.
S 279: ESTATES/TRUSTS/GUARDIANSHIP AMENDMENTS.
S 306: CAPITAL PUNISHMENT/AMENDMENTS.
S 334: DOROTHEA DIX LEASE.
S 378: ASSESS PROPANE DEALERS/DISTRIBUTORS.
S 387: FOREST SERVICE CHANGES/BEDDING LAW ROE (NEW).
S 393: CONSTRUCTIVE FRAUD/LIMITATIONS PERIOD.
S 431: CONFIRM COMMISSIONER OF BANKS.
S 452: JURISDICTIONAL AMTS/ARBITRATION/SM CLAIMS CT.
S 489: CONSUMER FINANCE ACT AMENDMENTS.
S 520: WC/RECORD FULL IC HEARINGS.
S 528: CLARIFY PETIT JUROR OATH.
S 530: PROHIBIT E-CIGARETTE SALES TO MINORS.
S 539: JURY LIST/DATE OF BIRTH INFORMATION.
S 545: MASTER METERS/LANDLORD-TENANT AGREEMENT.
S 634: INCREASE PENALTIES/UTILITIES THEFT (NEW).
Actions on Bills: 2013-06-03
H 545: MODIFY HENDERSON CO. OCCUPANCY TAX.
H 553: AMEND CARTERET CO. OCCUPANCY TAX.
H 671: MILLS RIVER/DEANNEXATION.
S 258: ASHEBORO/CHARTER AMENDMENTS.
S 269: SALISBURY/DEANNEX ROWAN CTY AIRPORT PROPERTY.
S 290: WAYNESVILLE ANNEXATION.
S 325: WAKE COUNTY SCHOOL BOARD DISTRICTS.
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