The Daily Bulletin: 2013-06-05

The Daily Bulletin: 2013-06-05

PUBLIC/HOUSE BILLS
H 255 (2013-2014) UNC TUITION SURCHARGE/ADVANCE NOTICE. Filed Mar 6 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT CERTAIN COURSES AND ACADEMIC CREDIT HOURS TRANSFERRED TO A CONSTITUENT INSTITUTION SHALL NOT BE INCLUDED IN THE CALCULATION OF CREDIT HOURS FOR PURPOSES OF THE TUITION SURCHARGE AND TO REQUIRE THAT UNIFORM PROCEDURES BE IMPLEMENTED IN THE UNIVERSITY OF NORTH CAROLINA SYSTEM TO PROVIDE APPROPRIATE ADVANCE NOTICE TO A STUDENT WHEN THE STUDENT IS APPROACHING THE CREDIT HOUR LIMIT REGARDING THE TUITION SURCHARGE.

Senate committee substitute to the 2nd edition makes the following changes. Makes clarifying and technical changes to GS 116-143.7.

Intro. by Glazier, Johnson, Holloway.GS 116
H 322 (2013-2014) CDL REQUIREMENTS/MILITARY EXPERIENCE. Filed Mar 14 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW THE DIVISION OF MOTOR VEHICLES TO WAIVE THE COMMERCIAL SKILLS TEST FOR RETIRED OR DISCHARGED MEMBERS OF THE ARMED FORCES WHO ALSO SATISFY OTHER REQUIREMENTS.

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

Makes a clarifying change to GS 20-37.13(c1)c.

Intro. by Szoka, Jeter, Millis, D. Hall.GS 20
H 473 (2013-2014) NC CAPTIVE INSURANCE ACT. Filed Mar 28 2013, A BILL TO BE ENTITLED AN ACT TO ENACT THE NORTH CAROLINA CAPTIVE INSURANCE ACT.

Senate committee substitute to the 5th edition makes the following changes. Amends GS 58-10-335 to provide that the purpose of Part 9 is to establish procedures for the organization and regulation of the operations of captive insurance companies transacting insurance business in the state (was, captive insurance companies in the state).

Amends GS 58-10-345 to provide that any captive insurance company may apply for a license to do any and all insurance comprised in GS 58-7-15 (was, limited to those comprised in subdivisions (1) through (16) and (19) through (22) of GS 58-7-15).

Intro. by Dockham, Howard, Johnson, Tine.GS 105, GS 58, GS 97
H 543 (2013-2014) GUARDIANSHIP ROLES OF MHDDSA PROVIDERS (NEW). Filed Apr 3 2013, A BILL TO BE ENTITLED AN ACT ADDRESSING PERMISSIBLE GUARDIANSHIP ROLES FOR CORPORATIONS AND INDIVIDUALS THAT PROVIDE MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE SERVICES.

Senate committee substitute to the 2nd edition makes the following changes. Amends GS 35A-1213(c) to prohibit appointing a corporation as guardian for an individual to whom it provides mental health, developmental disabilities, or substance abuse services for compensation as part of a contractual or other arrangement with a local management entity.

Amends GS 35A-1213(f) to add a licensed therapeutic foster care provider to those that may serve as a guardian for a ward for whom the entity is providing services, where the provider is under contract with a local management entity for the delivery of mental health, developmental disabilities, and substance abuse services and is serving as a guardian as of January 1, 2013. Makes organizational and clarifying changes to the statute.

Amends the act's short and long titles.

Intro. by Jones, Avila, Glazier, Turner. GS 35A
H 587 (2013-2014) ALTERNATE ACT/PLAN FOR CERTAIN STUDENTS (NEW). Filed Apr 4 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE AN ALTERNATE ACT AND PLAN PRECURSOR TEST FOR CERTAIN STUDENTS.

Senate committee substitute to the 3rd edition makes the following changes. Amends GS 115C-174.11(c)(4) to require the State Board of Education to require administration of the alternate ACT test or alternate PLAN precursor test to the ACT to a student who meets each of the following: (1) exhibits severe and pervasive delays in all areas of conceptual, linguistic, and academic development and in adaptive behaviors; (2) is following the extended content standards of the Standard Course of Study or is following a course of study that may not lead to admission into a college level course of study resulting in a college degree; and (3) has a written parental request for an alternative assessment (was, prohibited advertising the ACT test or any ACT precursor test to a student in the Occupational Course of Study or the Extended Course of Study who also met two specified requirements). Requires the State Board of Education to ensure that parents of students enrolled in all public schools (was, parents of students enrolled in the Occupational Course of Study or the Extended Course of Study) have the information they need to make decisions regarding participating in the ACT and the PLAN precursor test. Requires that alternate assessment and ACT assessment results of students with disabilities be included in school accountability reports (was, the State Board may develop alternative assessment measures).

Deletes the requirement that the State Board of Education apply for a waiver and makes conforming changes.

Requires the State Board of Education to develop an alternate assessment to measure career and college readiness for students not required to take the ACT or PLAN. Requires pilot testing for the alternate ACT assessment to occur simultaneously with the ACT administration during the 2013-14 school year and for the PLAN assessment with the PLAN administration during the 2014-15 school year.

Makes the entire act effective when the act becomes law.

Updates the act's short and long titles.

Intro. by Whitmire, Holloway, Blackwell, Glazier. GS 115C

The Daily Bulletin: 2013-06-05

PUBLIC/SENATE BILLS
S 36 (2013-2014) APA TECHNICAL/CLARIFYING CHGES. Filed Jan 31 2013, A BILL TO BE ENTITLED AN ACT TO MAKE CERTAIN TECHNICAL, CLARIFYING, AND CONFORMING CHANGES TO THE ADMINISTRATIVE PROCEDURE ACT, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.

Conference report makes the following change to the 3rd edition. Amends GS 150B-45(a), which provides the procedure for obtaining judicial review of a final decision under Article 4 of GS Chapter 150B, to provide that a petition for judicial review in the case of a person residing outside of this state must be filed in the county where the contested case which resulted in the final decision was filed.

Intro. by Hartsell.GS 150B
S 76 (2013-2014) DOMESTIC ENERGY JOBS ACT. Filed Feb 11 2013, A BILL TO BE ENTITLED AN ACT TO (1) PROVIDE FOR AUTOMATIC REVIEW OF MINING AND ENERGY COMMISSION RULES BY THE GENERAL ASSEMBLY; (2) EXEMPT THE MINING AND ENERGY COMMISSION, THE ENVIRONMENTAL MANAGEMENT COMMISSION, AND THE COMMISSION FOR PUBLIC HEALTH FROM PREPARING FISCAL NOTES FOR RULES THAT PERTAIN TO THE MANAGEMENT OF OIL AND GAS EXPLORATION AND DEVELOPMENT; (3) DIRECT THE MINING AND ENERGY COMMISSION TO STUDY DEVELOPMENT OF A COMPREHENSIVE ENVIRONMENTAL PERMIT FOR OIL AND GAS EXPLORATION AND DEVELOPMENT ACTIVITIES USING HORIZONTAL DRILLING AND HYDRAULIC FRACTURING TREATMENTS; (4) REQUIRE THE MINING AND ENERGY COMMISSION AND THE DEPARTMENT OF REVENUE TO STUDY ESTABLISHMENT OF A TAX FOR THE SEVERANCE OF ENERGY MINERALS FROM THE SOIL OR WATER OF THE STATE IN AN AMOUNT SUFFICIENT TO COVER ALL COSTS ASSOCIATED WITH ADMINISTRATION OF A MODERN REGULATORY PROGRAM FOR THE MANAGEMENT OF OIL AND GAS EXPLORATION AND DEVELOPMENT ACTIVITIES USING THE PROCESSES OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING TREATMENTS FOR THAT PURPOSE, INCLUDING CREATION OF AN EMERGENCY FUND TO PROTECT AND PRESERVE THE STATE'S NATURAL RESOURCES, CULTURAL HERITAGE, AND QUALITY OF LIFE; (5) DIRECT THE MINING AND ENERGY COMMISSION TO STUDY MATTERS RELATED TO REGISTRATION OF LANDMEN; (6) MODIFY APPOINTMENTS TO THE MINING AND ENERGY COMMISSION; (7) MODIFY PROVISIONS IN THE OIL AND GAS CONSERVATION ACT CONCERNING THE MINING AND ENERGY COMMISSION'S AUTHORITY TO SET "ALLOWABLES"; (8) CLARIFY BONDING REQUIREMENTS ASSOCIATED WITH OIL AND GAS ACTIVITIES; (9) ASSIGN FUTURE REVENUE FROM ENERGY EXPLORATION, DEVELOPMENT, AND PRODUCTION OF ENERGY RESOURCES IN ORDER TO PROTECT AND PRESERVE THE STATE'S NATURAL RESOURCES, CULTURAL HERITAGE, AND QUALITY OF LIFE; (10) ENCOURAGE THE GOVERNOR TO DEVELOP THE REGIONAL INTERSTATE OFFSHORE ENERGY POLICY COMPACT; (11) AMEND THE ENERGY POLICY ACT OF 1975 AND THE ENERGY POLICY COUNCIL; AND (12) DIRECT THE MEDICAL CARE COMMISSION TO ADOPT RULES AUTHORIZING FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE COMPRESSED NATURAL GAS AS AN EMERGENCY FUEL.

House committee substitute makes the following changes to the 5th edition.

Changes the long title.

PART I, PERMIT ISSUANCE

Amends Part I title, changing the title to PERMIT ISSUANCE. Makes technical changes. Establishes that permits issued for oil and gas exploration and development activities using horizontal drilling or hydraulic fracturing treatments will not become effective until the General Assembly takes affirmative legislative action, including the repeal of subsection (d) of Section 3 of SL 2012-143, as amended by subsection (b) of Section 1 of this act.

Amends Section 3(d) of SL 2012-143, (repealed in the previous edition), providing that permits issued for oil and gas exploration and development activities using horizontal drilling or hydraulic fracturing treatments pursuant to GS 113-395 will not become effective until the General Assembly takes affirmative legislative action to allow the permits to become effective. Establishes that similar permits from other agencies and entities will also not become effective until the General Assembly takes action.

PART II

Provides new Part II to the bill, titled - REQUIRED REPORTS AND STUDIES: COORDINATED PERMITTING; IMPOSITION OF A SEVERANCE TAX SUFFICIENT IN AMOUNT TO FUND ADMINISTRATION OF A REGULATORY PROGRAM AND SUFFICIENT TO COVER FUNDING FOR ANY EMERGENCY SITUATIONS THAT MAY ARISE FROM OIL AND GAS ACTIVITIES; IMPOSITION OF AN IMPACT FEE, OR DEDICATION OF A PORTION OF ANY SEVERANCE TAX TO BE IMPOSED, THAT WOULD BE SUFFICIENT TO COVER ALL COSTS THAT MAY REASONABLY BE EXPECTED TO ACCRUE TO LOCAL GOVERNMENTS AS A RESULT OF OIL AND GAS ACTIVITIES OCCURRING WITHIN THEIR JURISDICTIONS; AND CREATION OF A RESTITUTION FUND FOR LANDOWNERS HARMED AS A RESULT OF AN ACT OF FRAUD, DECEPTION, MISREPRESENTATION, OR KNOWING OMISSION OF MATERIAL FACTS. Amends Section 2(a), concerning the creation of a coordinated permitting program, previously Section 1(c) in the 5th edition, to remove studying permitting of subsurface injection of fluids used for fracking. Provides that the Mining and Energy Commission (MEC) must only report its finding to the Environmental Review Commission (previously, was directed to also report to the Joint Legislative Commission on Energy Policy) on or before March 1, 2014 (was, October 1, 2013). Provides new Section 2(b), requiring the MEC, DENR and the Departments of Revenue and Commerce, to study an appropriate rate of severance tax that should be imposed in association with oil and gas exploration and development activities using horizontal drilling or hydraulic fracturing treatments. Sets out specified studies and information that the entities are required to consider. Directs the specified entities to formulate recommendations for different levels of funding which should be maintained to address emergency events associated with oil and gas exploration. Sets out the procedures for utilizing those funds. Provides new Section 2(c), which amends Section 2(j) of SL 2012-143, enhancing a study requirement enacted by federal law, adding the Department of Commerce to the list of entities required to study appropriate levels of funding and potential sources for funding to support local governments that are impacted by the gas and oil industry. Requires the specified agencies and entities to issue a recommendation for the imposition of an impact fee, or dedication of a portion of any severance tax imposed on oil and gas activities, that would cover all costs that can reasonably be expected to be incurred by local governments.  Findings and recommendation must be reported to the Environmental Review Commission on or before March 1, 2014. Also requires a study on a restitution fund for landowners suffering damage due to fraud or misrepresentation of facts related to oil or gas interests. Requires a report to the Environmental Review Commission by March 1, 2014.

PART III, MINING AND ENERGY COMMISSION APPOINTMENT MODIFICATIONS    (previously Part II)

Amends GS 143B-293.2, regarding the composition of the MEC, providing that the MEC will consist of 15 members (was, 13 members). Eliminates one ex officio member of the MEC, the Assistant Secretary of Energy for the Department of Commerce. Adds a member to be appointed by the Governor, who must own land in the Triassic Basin of NC. Reinstates the State Geologist's designee, ex officio as a member of the MEC (position deleted in the previous edition). Amends the requirements for the appointments found in GS 143B-293.2(a)(5) and (9), providing that one must be an elected official of a municipal government in the Triassic Basin and the other must be a member of a board of commissioners of a county located in the Triassic Region. Modifies the position designated for a member that is knowledgeable in the principles of water and air resources management, providing that they must also be a member of the Environmental Management Commission. Modifies the position designated for the Commission for Public Health, eliminating the specific knowledge requirement concerning the principles of waste management. Deletes language concerning the expiration of the terms of the different members.

PART IV, MISCELLANEOUS MODIFICATIONS TO THE OIL AND GAS CONSERVATION ACT: ALLOWABLES AND REPEAL OF THE LANDMEN REGISTRY (previously Part III)

Changes title to MISCELLANEOUS MODIFICATIONS TO THE OIL AND GAS CONSERVATION ACT: ALLOWABLES AND LANDMEN REGISTRY. Reinstates GS 113-425, Registry of landmen required, previously repealed.  Deletes language in GS 113-425(c) which provided for the imposition of a civil penalty on a registrant for specified violations or acts. Enacts new subsections (c1) through (c4), providing that violations are punishable by an administrative penalty not to exceed $5,000 per violation. Provides a criminal penalty for noncompliance with the registry requirements, which results in a Class 1 misdemeanor. Adds language that provides that any agreement for the acquisition or divestiture of oil or gas rights that results from any manner of negotiations with a landman who is acting in violation of the applicable provisions of the registry will be considered null and void as being against public policy of NC. Further provides that DENR can seek, and the Superior Court can grant, injunctive relief to prevent a person from violating the applicable provisions of the registry. Provides required timing for an appeal.

PART V, CLARIFY BONDING REQUIREMENTS (new section to the act)

Amends GS 113-378, clarifying that the "drilling bond", which an operator must provide when registering for drilling exploration for oil or natural gas, runs to the State. Makes a technical change to GS 113-391(a)(13a).

The committee substitute deletes the following parts of the previous edition and all the provisions provided therein, PART IV, AMEND STATUTE GOVERNING SUBSURFACE FLUID INJECTION, and PART V, SEVERANCE TAXES.

PART VI, REVENUE FROM OFFSHORE ENERGY PRODUCTION (previously part VII)

Amends GS 113B-30, regarding allocation of revenues from offshore energy production, making technical and conforming changes. Provides that monies from the Offshore Energy Management Fund will only be used after determining that sufficient funds for corrective action or emergency response cannot be obtained in a timely manner, without significant delay which would increase the threat to life or risk of damage to the environment. Establishes that the State will pursue recovery of all costs or fees incurred towards recovery action from the responsible party or parties. Deletes GS 113B-30(b) establishing how the Fund monies were to be used.

PART VII, REGIONAL INTERSTATE OFFSHORE ENERGY POLICY COMPACT (previously part VIII)

Amends Part VII, making technical and clarifying changes.

PART VIII, ENERGY POLICY ACT AND ENERGY POLICY COUNCIL AMENDMENTS (previously Part IX)

Amends GS 113B-2, making a technical change. Amends GS 113B-3, concerning the composition of the Energy Jobs Council (Council), changing the member previously designated for a representative of an investor-owned natural gas utility to being designated for a representative of a rural electric membership corporation formed in accordance with GS 117-8. Makes a technical change. Amends GS 113B-4, concerning the chairman of the council, providing that the Governor will appoint a chair of the Council (was, the Council will elect one of its members to serve as chair). Amends GS 113B-6, concerning general duties of the Council, deleting language which allowed the Council to delegate its duties where appropriate to the Division of Energy, Mineral, and Land Resources (Division), with the Council providing oversight and approval to the duties delegated to the Division. Amends GS 113B-11, concerning powers and authority of the Council, clarifying that the Division will provide the staffing capability to the Council and provides that the Utilities Commission alone is authorized to makes its staff available to the Council to assist in the development of the State energy policy (previously, the Department of Commerce was also authorized to make their staff available).  Amends GS 113B-12, concerning required annual reports, providing that no later than January 1 of every even numbered year, the Council must transmit a comprehensive report of the energy conditions in the State to specified parties (previously, was required to transmit the report every two years). Amends GS 113B-21(a), making a technical change. Deletes the changes made to GS 114-4.2D. Deletes previously new GS 143B-281.1, concerning the transfer of the Energy Jobs Council. Makes a clarifying change to Section 8(s).

PART IX, MODIFY ELECTRICAL REQUIREMENTS RULE TO ALLOW HOSPITALS TO USE COMPRESSED NATURAL GAS AS EMERGENCY FUEL (previously, Part X)

Makes comforming and technical changes throughout the Part.

PART X, EFFECTIVE DATE (previously, Part XI)

Amends the effective dates of the act, providing that subsection (b) of Section 1 of this act becomes effective March 1, 22 2015. Subsection (b) of Section 4 of this act is effective when it becomes law, except that (i) GS 113-425(c2), as enacted by subsection (b) of Section 4 of this act, becomes effective December 1, 2013, and applies to offenses committed on or after that date and (ii) GS 113-425(c3), as enacted by subsection (b) of Section 4 of this act, applies to leases or contracts entered into on or after that date. GS 113B-30, enacted by Section 6 of this act,  becomes effective only if authorized by the General Assembly in the Current Operations and Capital Improvements Appropriations Act of 2013. The first report due pursuant to GS 113B-12, as amended by subsection (m) of Section 8 of this act, shall be transmitted on or before January 1, 2014. Except as otherwise provided, the remainder of this act is effective when it becomes law.

 

 

Intro. by Newton, Rucho, Brock.STUDY, GS 113, GS 113B, GS 143, GS 143B
S 124 (2013-2014) SHOOT GUN INSIDE/TO INCITE FEAR. Filed Feb 21 2013, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIMINAL OFFENSE TO DISCHARGE A FIREARM WITHIN AN ENCLOSURE WITH THE INTENT TO INCITE FEAR.

House committee substitute makes the following changes to the 2nd edition. Makes ita ClassF (was, Class E)felony to willfully or wantonly discharge, or attempt to discharge, a firearm within any occupied building, structure, motor vehicle, or other conveyance, erection, or enclosure with the intent to incite fear in another.

Intro. by Brunstetter.GS 14
S 234 (SL 2013-63) (2013-2014) HUNTER EDUCATION/APPRENTICE PERMIT. Filed Mar 7 2013, A BILL TO BE ENTITLED AN ACT TO AMEND AND CLARIFY THE HUNTER EDUCATION REQUIREMENTS AND TO ESTABLISH A HUNTING HERITAGE APPRENTICE PERMIT.

A BILL TO BE ENTITLED AN ACT TO AMEND AND CLARIFY THE HUNTER EDUCATION REQUIREMENTS AND TO ESTABLISH A HUNTING HERITAGE APPRENTICE PERMIT. Enacted June 4, 2013. Effective July 1, 2013.

Intro. by Newton.GS 113
S 321 (2013-2014) INMATE COSTS/CT.APPT./NOTARIES. Filed Mar 13 2013, AN ACT TO CAP REIMBURSEMENT BY COUNTIES, TO MAKE ADDITIONAL PROVISIONS RELATING TO PAYMENT, FOR MEDICAL SERVICES PROVIDED TO INMATES IN COUNTY JAILS, TO ALLOW COUNTIES TO UTILIZE MEDICAID FOR ELIGIBLE PRISONERS, TO PROVIDE THAT VACANCIES IN THE OFFICE OF DISTRICT COURT JUDGE SHALL BE FILLED BY APPOINTMENT OF THE GOVERNOR; AND TO CREATE A PRIVATE RIGHT OF ACTION AGAINST NOTARIES WHO VIOLATE THE NOTARY PUBLIC ACT.

House committee substitute makes the following changes to the 3rd edition.

Codifies Section 1 of this act as new subsection (a1) under GS 153A-225. Provides that the provisions apply toapproved prisoner medical services providedoutside of the local confinement facility (was, medical services provided within local confinement facilities).

Amends GS 153A-225(a) to provide that a local confinement facility's plan for providing medical care for prisoners in the facility may utilize Medicaid coverage for any other Medicaid services allowable for eligible prisoners, as well as for inpatient hospitalization.

Intro. by J. Davis, Newton, Goolsby. GS 153A
S 443 (2013-2014) DISPOSITION OF ABANDONED FIREARMS (NEW). Filed Mar 26 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE DISPOSITION OF FIREARMS BY LAW ENFORCEMENT AGENCIES.

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

Amends GS 15-11.1(b1), regarding the disposition of seized property when that property is a firearm. Provides that after a hearing, the judge may order that a firearm without a legible, unique identification number or that is unsafe for use because of wear, damage, age, or modification be turned over to be destroyed by the sheriff of the county in whichthe firearm was seized, or by the sheriff's authorized agent.

Amends GS 15-11.2, regarding the disposition of unclaimed firearms that were not confiscated orseizedas trial evidence. Provides that if a firearm is not claimed for a period of 30 days after publication of notice, then the head or chief of the law enforcement agency must order the disposition of the firearm (was, the judge, after hearing, may order the disposition of the firearm) in one of the specified ways. Disposition of the firearm includes destroying a firearm that lacks a legible, unique identification number or that is unsafe for use. Requires the head or chief of the law enforcement agency to maintain a record of the destruction of the firearm. Removes as an option for the disposition of the firearm turning it over to the law enforcement agency applying for the disposition of the firearm for official use of that agency. Permits disposition of the firearm by transferring it to a museum or historical society or by maintaining the firearm for training or experimental purposes. Directs that the law enforcement agency receiving a firearm in a transaction under this section must maintain records as to the disposition of the firearm including any funds received from a sale of a firearms or other property received in the exchange or tradeof a firearm.

Amends GS 14-269.1(4) regarding the confiscation and disposition of deadly weapons to allow a firearm that does not have a legible, unique identification number or is unsafe for use to be turned over for destruction(was, any firearm may be turned over for destruction) to the sheriff, or the sheriff's duly authorized agent,in the county in whichthe trial is held.

Rewrites the long and short titles of this act.

Makes this act effective September 1, 2013 (was, 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.

Intro. by Brock. GS 14, GS 15
S 452 (2013-2014) JURISDICTIONAL AMTS/ARBITRATION/SM CLAIMS CT. Filed Mar 26 2013, A BILL TO BE ENTITLED AN ACT TO INCREASE THE JURISDICTIONAL AMOUNTS IN THE GENERAL COURT OF JUSTICE, TO MAKE ARBITRATION MANDATORY IN CERTAIN CIVIL CASES, AND TO PROVIDE GUIDANCE TO THE COURT FOR THE ASSESSMENT OF COURT COSTS AND ATTORNEYS' FEES IN SMALL CLAIMS MATTERS WHEN AN ARBITRATOR'S DECISION IN FAVOR OF THE APPELLEE IS AFFIRMED ON APPEAL.

House amendment to the 2nd edition makes the following changes. Changes the act's effective date from July 1, 2013, to August 1, 2013. Provides that from August 1, 2013 (was, July 1, 2013) until June 30, 2015, either the district court or the superior court is the proper division for trial of civil action where the amount in controversy is between $10,000 and $25,000.

Intro. by Goolsby.GS 7A
S 468 (2013-2014) ALIGN INSPECTIONS W/INSTALLER LICENSING. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO SPECIFY THAT WHEN APPLIANCE INSTALLERS ARE LICENSED TO PERFORM ALL ASPECTS OF AN INSTALLATION, JUST ONE PERMIT AND INSPECTION WILL BE REQUIRED.

House committee substitute to the 2nd edition makes the following changes. Removes the proposed language from GS 153A-360 and GS 160A-420 and instead adds that language to GS 153A-357 and GS 160A-417. Adds that in addition to capping the cost of the permit to the cost of any one individual trade permit, a city or county is also prohibited from increasing the costs of fees to offset the loss of revenue caused by the provision.

Intro. by Jenkins.GS 153A, GS 160A
S 520 (2013-2014) WC/RECORD FULL IC HEARINGS. Filed Mar 28 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT HEARINGS OF THE INDUSTRIAL COMMISSION ARE RECORDED.

The House amendment to the 4th edition changes the act's effective date from when the act became law to August 1, 2013.

Intro. by Daniel.GS 97
S 542 (2013-2014) DRUG TESTING FOR LTC APPLICANTS & EMPLOYEES. Filed Mar 28 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE LONG-TERM CARE FACILITIES TO REQUIRE APPLICANTS FOR EMPLOYMENT AND CERTAIN EMPLOYEES TO SUBMIT TO DRUG TESTING FOR CONTROLLED SUBSTANCES.

The House amendment to the 3rd edition makes the following changes. Amends GS 131D-45 and GS 131E-114.4 to allow the use of a screening procedure that uses a single-use test device and also allows the examination and screening to be administered on site.

Intro. by Cook, Jackson, Rabin.GS 131D, GS 131E
S 630 (2013-2014) EVIDENCE & DNA EXPUNCTION LAWS.-AB Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS REGARDING DISPOSITION OF BLOOD EVIDENCE, ADMISSIBILITY OF REPORTS AFTER NOTICE AND DEMAND, AND EXPUNCTION OF DNA SAMPLES TAKEN UPON ARREST.

House committee substitute makes the following changes to the 2nd edition.Provides that sections 2 through 9 of this act become effective December 1, 2013, and apply to (1) proceedings held on or after that date and (2) verification forms received by the State Bureau of Investigation on or after that date(was, sections 2 through 8 of this act apply to proceedings that occur on or after December 1, 2013).

Intro. by Newton.GS 8, GS 15A, GS 20, GS 90

The Daily Bulletin: 2013-06-05

LOCAL/HOUSE BILLS
H 252 (SL 2013-65) (2013-2014) ASHEVILLE TRANSFERS. Filed Mar 6 2013, AN ACT TO PROVIDE FUNDING FOR PLANNED STREET AND SIDEWALK IMPROVEMENTS IN THE CITY OF ASHEVILLE FOR THE 2012-2013 FISCAL YEAR AND TO REPEAL S.L. 2009-114.

AN ACT TO PROVIDE FUNDING FOR PLANNED STREET AND SIDEWALK IMPROVEMENTS IN THE CITY OF ASHEVILLE FOR THE 2012-2013 FISCAL YEAR AND TO REPEAL S.L. 2009-114. Enacted June 5, 2013. Effective June 5, 2013, except as otherwise provided.

Intro. by Moffitt, Ramsey, McGrady. Buncombe
H 261 (2013-2014) KANNAPOLIS/DEANNEXATION. Filed Mar 7 2013, A BILL TO BE ENTITLED AN ACT REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE CITY OF KANNAPOLIS AND ADDING THE PROPERTY TO THE CORPORATE LIMITS OF THE CITY OF LANDIS.

Senate committee substitute to the 1st edition changes the act's effective date from when the act becomes law to June 30, 2013.

Intro. by ford.Cabarrus, Rowan
H 421 (2013-2014) MARSHVILLE DEANNEXATION. Filed Mar 25 2013, A BILL TO BE ENTITLED AN ACT REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF MARSHVILLE.

Senate committee substitute to the 1st edition changes the act's effective date from July 1, 2013, to June 30, 2013.

Intro. by Brody.Union
H 517 (SL 2013-66) (2013-2014) ROCKINGHAM/NO RIGHT-OF-WAY SPOTLIGHTING. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO REGULATE HUNTING WITH ARTIFICIAL LIGHT IN ROCKINGHAM COUNTY.

A BILL TO BE ENTITLED AN ACT TO REGULATE HUNTING WITH ARTIFICIAL LIGHT IN ROCKINGHAM COUNTY. Enacted June 5, 2013. Effective October 1, 2013.

Intro. by Jones, Holloway.Rockingham
H 526 (2013-2014) CHADBOURN VOLUNTARY ANNEXATION. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT ADDING CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF CHADBOURN.

Senate committee substitute to the 1st edition changes the act's effective date from when the act becomes law to June 30, 2013.

Intro. by Waddell.Columbus
H 567 (2013-2014) LUMBERTON DEANNEXATION. Filed Apr 3 2013, A BILL TO BE ENTITLED AN ACT REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE CITY OF LUMBERTON.

Senate committee substitute to the 1st edition change the act's effective date from July 1, 2013, to June 30, 2013.

Intro. by Waddell, C. Graham, Goodman, Pierce.Robeson

The Daily Bulletin: 2013-06-05

LOCAL/SENATE BILLS
S 258 (SL 2013-64) (2013-2014) ASHEBORO/CHARTER AMENDMENTS. Filed Mar 12 2013, A BILL TO BE ENTITLED AN ACT AMENDING THE CHARTER OF THE CITY OF ASHEBORO.

A BILL TO BE ENTITLED AN ACT AMENDING THE CHARTER OF THE CITY OF ASHEBORO. Enacted June 5, 2013. Effective June 5, 2013.

Intro. by Tillman.Randolph
ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2013-06-05

PUBLIC BILLS

H 10: REMOVE ROUTE RESTRICTION FOR NC 540 LOOP.

    Pres. To Gov. 6/5/2013

H 13: STATE AGENCY PROPERTY USE/BIENNIAL REPORT.

    House: Conferee Added

H 24: DV ABUSER TREATMENT PROGRAM/AMENDMENTS (NEW).

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

H 25: AMEND FELONY BREAKING OR ENTERING.

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

H 32: INCREASE YEAR'S ALLOWANCE.

    Ratified

H 60: TRANSFER OF INDIAN CULTURAL CENTER PROPERTY.

    Senate: Reptd Fav
    Senate: Placed On Cal For 06/11/2013

H 88: LIEN AGENTS/TECHNICAL CORRECTIONS (NEW).

    House: Rec From Senate
    House: Rec To Concur S Com Sub

H 114: NO SS# REQ/ABSOLUTE DIVORCE (NEW).

    Ratified

H 125: PUBLIC AGENCY COMPUTER CODE NOT PUBLIC RECORD.

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

H 142: PROVIDE ACCESS TO CAMPUS POLICE RECORDS.

    Ratified

H 157: LIMIT USE OF HIGHWAY FUND CREDIT BALANCE.

    Senate: Reptd Fav
    Senate: Placed On Cal For 06/11/2013

H 200: REQUIRE CERTAIN GENERAL REAPPRAISALS.

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading

H 211: WEIGHT LIMITS/ANIMAL FEED TRUCKS.

    Senate: Reptd Fav
    Senate: Placed On Cal For 06/11/2013

H 255: UNC TUITION SURCHARGE/ADVANCE NOTICE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 06/11/2013

H 276: ZONING/BOARD OF ADJUSTMENT CHANGES.

    House: Rec From Senate
    House: Rec To Concur S Com Sub

H 279: TRANSFER ENVIRONMENTAL PERMITS.

    House: Rec From Senate
    House: Rec To Concur S Com Sub

H 301: CLARIFYING CHANGES/ENGINEERS/SURVEYORS LAWS.

    Ratified

H 315: PLASTICS LABELING REQUIREMENTS.

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

H 317: IMPROVE ED. FOR CHILDREN WHO ARE DEAF.

    House: Rec From Senate
    House: Rec To Concur S Com Sub

H 322: CDL REQUIREMENTS/MILITARY EXPERIENCE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 06/11/2013

H 361: JUSTICE REINVESTMENT TECHNICAL CORRECTIONS.-AB

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

H 368: BD. OF AGRICULTURE FORESTRY/NURSERY APPTS.-AB

    Ratified

H 383: AMEND GRAIN DEALER LICENSING LAWS.-AB

    Ratified

H 384: AMEND DEFINITIONS/PROPERTY CLASSIF./EQU. DIST.

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

H 407: TRUSTEE-ATTY FEE/FORECLOSURES/CLERK APPROVAL.

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

H 410: CANCEL TITLE TO MANUFACTURED HOME.

    Ratified

H 473: NC CAPTIVE INSURANCE ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading

H 480: ENVIRONMENTAL PERMITTING REFORM.

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

H 505: EXTEND DSWC ANIMAL WASTE INSPECTIONS (NEW).

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

H 532: NO DRINKING IN EMS & LAW ENFORCEMENT VEHICLES.

    Ratified

H 543: GUARDIANSHIP ROLES OF MHDDSA PROVIDERS (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Judiciary I

H 558: SOIL & WATER/REGIONAL JAILS REFUNDS (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

H 581: TROPHY WILDLIFE SALE PERMIT.

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

H 585: PREA COMPLIANCE.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Appropriations/Base Budget

H 587: ALTERNATE ACT/PLAN FOR CERTAIN STUDENTS (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 06/11/2013

H 591: REPORTING AND TERMS FOR LONG. DATA BOARD.

    House: Concurred In S Amend SA1
    House: Ordered Enrolled

H 593: REGISTER OF DEEDS HOURS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/12/2013

H 610: MODIFY REQUIREMENTS FOR IN-STAND BEER SALES.

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

H 623: MODIFY WEIGHT LIMITS FOR LINE TRUCKS.

    Senate: Reptd Fav
    Senate: Placed On Cal For 06/11/2013

H 684: INCREASE DRIVEWAY SAFETY ON CURVY ROADS.

    Senate: Reptd Fav
    Senate: Placed On Cal For 06/11/2013

H 687: HOMELESS SHELTERS/REMOVE AGE LIMITS.

    Ratified

H 691: LIMIT SOLDIERS CC TUITION.

    Senate: Reptd Fav
    Senate: Re-ref Com On Appropriations/Base Budget

H 707: ENSURE SAFE NAVIGATION CHANNELS.

    Senate: Passed 2nd Reading

H 710: WATER UTILITY RECOVERY.

    Ratified

H 727: ALT. PROCEDURE FOR OBTAINING SALVAGE TITLE.

    Senate: Reptd Fav
    Senate: Placed On Cal For 06/11/2013

H 754: LEASE PURCHASE OF REAL PROPERTY/COMM. COLL.

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

H 774: BUILDING CODE EXCLUSION/PRIMITIVE STRUCTURES.

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

H 788: WATER/SEWER AUTHORITY/RATE FLEXIBILITY.

    Ratified

H 789: USTS ELIGIBLE FOR BROWNFIELDS.

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

H 809: GAME NIGHTS/NONPROFIT FUNDRAISERS.

    House: Re-assigned To Judiciary

H 813: BAN SYNTHETIC CANNABINOIDS (NEW).

    Ratified

H 816: TOBACCO GROWERS ASSESSMENT ACT (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

H 821: TRIAD FARMERS MKT/RENAME FOR SEN. BOB SHAW.

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

H 829: SALE OF GROWLERS BY CERTAIN ABC PERMITTEES.

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

H 834: MODERN STATE HUMAN RESOURCES MANAGEMENT/RTR (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Pensions & Retirement and Aging

H 892: NO FISCAL NOTE FOR RULE REPEAL.

    Senate: Reptd Fav
    Senate: Placed On Cal For 06/11/2013

H 903: UNC & COMM. COLLEGE CREDIT TRANSFERS.

    Ratified

S 36: APA TECHNICAL/CLARIFYING CHGES.

    Senate: Conf Com Reported
    Senate: Placed On Cal For 06/11/2013
    House: Conf Com Reported
    House: Placed On Cal For 06/06/2013

S 76: DOMESTIC ENERGY JOBS ACT.

    House: Serial Referral To Finance Stricken
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Environment

S 124: SHOOT GUN INSIDE/TO INCITE FEAR.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

S 129: LIMIT STATE FACILITIES FINANCE ACT DEBT.

    Ratified

S 137: PROHIBIT CO-PAY WAIVER/MEDICAID PROVIDERS.

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

S 156: CLARIFY LEC PROCEDURES/TC.

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

S 200: EXTEND TIME FOR FORENSIC ACCREDITATION (NEW).

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

S 208: EFFECTIVE OPERATION OF 1915(B)/(C) WAIVER.

    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled

S 210: AUTHORIZE CHIEF MAGISTRATES.

    Ratified

S 222: REVISE CONTROLLED SUBSTANCES REPORTING.

    Senate: Rec To Concur In H Amend
    Senate: Placed On Cal For 06/06/2013

S 239: AMEND NC BUSINESS CORPORATION ACT.

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/06/2013

S 252: INCREASE PENALTY/CONTROLLED SUBSTANCE CRIMES.

    Ratified

S 279: ESTATES/TRUSTS/GUARDIANSHIP AMENDMENTS.

    Ratified

S 306: CAPITAL PUNISHMENT/AMENDMENTS.

    House: Amend Tabled A1
    House: Passed 3rd Reading

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

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

S 372: OMNIBUS COUNTY LEGISLATION.

    House: Withdrawn From Com
    House: Ref to the Com on Environment, if favorable, Transportation

S 387: FOREST SERVICE CHANGES/BEDDING LAW ROE (NEW).

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/06/2013

S 393: CONSTRUCTIVE FRAUD/LIMITATIONS PERIOD.

    Senate: Rec To Concur In H Amend
    Senate: Placed On Cal For 06/06/2013

S 411: ETHICS REQUIREMENTS FOR MPOS/RPOS.

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

S 431: CONFIRM COMMISSIONER OF BANKS.

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

S 433: PREVENT PAY FOR WEIGHT EXCEEDING ALLOWANCE.

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

S 443: DISPOSITION OF ABANDONED FIREARMS (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

S 452: JURISDICTIONAL AMTS/ARBITRATION/SM CLAIMS CT.

    House: Amend Adopted A1
    House: Passed 2nd Reading

S 460: RAIL CORRIDOR LEASE/CITY OF BELMONT (NEW).

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

S 468: ALIGN INSPECTIONS W/INSTALLER LICENSING.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

S 486: PERTUSSIS EDUCATION & AWARENESS.

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

S 489: CONSUMER FINANCE ACT AMENDMENTS.

    House: Passed 3rd Reading
    House: Ordered Engrossed

S 520: WC/RECORD FULL IC HEARINGS.

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

S 528: CLARIFY PETIT JUROR OATH.

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

S 530: PROHIBIT E-CIGARETTE SALES TO MINORS.

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

S 539: JURY LIST/DATE OF BIRTH INFORMATION.

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

S 542: DRUG TESTING FOR LTC APPLICANTS & EMPLOYEES.

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

S 583: METAL THEFT STATUTE AMENDMENTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

S 584: AMEND FALSE LIENS LAW.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

S 603: CLARIFY ISSUANCE OF PLATES/CERTIFICATES LAW.-AB

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

S 630: EVIDENCE & DNA EXPUNCTION LAWS.-AB

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

S 634: INCREASE PENALTIES/UTILITIES THEFT (NEW).

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

Actions on Bills: 2013-06-05

LOCAL BILLS

H 252: ASHEVILLE TRANSFERS.

    Ratified
    Ch. SL 2013-65

H 261: KANNAPOLIS/DEANNEXATION.

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

H 305: CHAPEL HILL/ECONOMIC DEVELOPMENT PROJECTS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On State and Local Government

H 421: MARSHVILLE DEANNEXATION.

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

H 456: DV FATALITY REVIEW TEAM/MECKLENBURG CO.

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

H 517: ROCKINGHAM/NO RIGHT-OF-WAY SPOTLIGHTING.

    Ratified
    Ch. SL 2013-66

H 526: CHADBOURN VOLUNTARY ANNEXATION.

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

H 567: LUMBERTON DEANNEXATION.

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

H 568: ASHEVILLE DEANNEXATION.

    House: Reptd Fav
    House: Re-ref Com On Government

S 258: ASHEBORO/CHARTER AMENDMENTS.

    Ratified
    Ch. SL 2013-64

S 268: SUNSET BEACH/CANAL DREDGING/MAINTENANCE FEE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/06/2013

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