The Daily Bulletin: 2013-06-10

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The Daily Bulletin: 2013-06-10

PUBLIC/HOUSE BILLS
H 209 (2013-2014) DV ORDERS/FINDINGS NOT REQUIRED (NEW). Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A CONSENT PROTECTIVE ORDER ENTERED UNDER CHAPTER 50B OF THE GENERAL STATUTES MAY BE ENTERED WITHOUT FINDINGS OF FACT AND CONCLUSIONS OF LAW UPON THE WRITTEN AGREEMENT OF THE PARTIES.

Senate committee substitute makes the following changes to the 1st edition. Makes an organizational change to the 1st edition, removing a provision previously enacted as part of subsection (a) of GS 50B-3 and enacting that provision as new subsection (b1) of GS 50B-3. Deletes the change to GS 50C-5(b)(7)that allowed the court to assess attorneys' fees to either party as a form of reliefin a civil no contact order.

Amends the title of this act.

Intro. by Stevens, T. Moore. GS 50B
H 219 (2013-2014) UPDATE REFERENCES/CHILD BORN OUT OF WEDLOCK (NEW). Filed Mar 5 2013, A BILL TO BE ENTITLED AN ACT TO MODERNIZE THE WAYS CHILDREN BORN OUT OF WEDLOCK ARE REFERENCED IN THE GENERAL STATUTES BY REMOVING REFERENCES TO "ILLEGITIMATE" WHEN USED IN CONNECTION WITH AN INDIVIDUAL AND TO "BASTARDY", TO ALLOW A CHILD BORN OUT OF WEDLOCK TO INHERIT FROM A PERSON WHO DIED PRIOR TO OR WITHIN ONE YEAR AFTER THE BIRTH OF THAT CHILD IF PATERNITY CAN BE ESTABLISHED BY DNA TESTING, AND TO MAKE OTHER TECHNICAL CORRECTIONS TO THE STATUTES BEING AMENDED.

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

Amends GS 29-19 toadd that for purposes of intestate succession, a child born out of wedlock is entitled to take by, through, and from a personwho (1) died prior to the birth of the child, or (2) within one year after the birth of the child, and (3) who can be determined to have been the child's father via DNA testing. Makes a conforming change to GS 30-17 regarding children born out of wedlock entitled toreceive anallowance for one year following the death of theparent,in addition to the child's share ofthe deceased parent's estate. Effective when the act becomes law and applies to the estates of persons dying on or after that date.

Amends the act's long title.

Intro. by Glazier, Stam, Faircloth, Michaux.GS 6, GS 8, GS 14, GS 15, GS 29, GS 30, GS 31, GS 49, GS 50, GS 97, GS 130A, GS 143
H 331 (2013-2014) HOAS/UNIFORM LIEN PROCEDURE. Filed Mar 18 2013, A BILL TO BE ENTITLED AN ACT TO STABILIZE TITLES AND TO PROVIDE A UNIFORM PROCEDURE TO ENFORCE CLAIMS OF LIEN SECURING SUMS DUE CONDOMINIUM AND PLANNED COMMUNITY ASSOCIATIONS.

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

Makes organizational changes to the 2nd edition. Deletes prior changes that repealed GS 47C-3-116 and GS 47F-3-116,replaced GS 47C-3-116 (procedures for liens for assessments by homeowners associations) with new GS 47C-3-116.1, and replaced GS 47F-3-116 (comparable provisions for liens for planned community associations) with new GS 47F-3-116.1. Instead, reinstates GS 47C-3-116 andcodifiesthe provisions that were enacted as new GS 47C-3-116.1within GS 47C-3-116.Also reinstatesGS 47F-3-116 and codifiesthe provisions that were enacted as new GS 47F-3-116.1within GS 47F-3-116.

Makes technical change, recodifyingnew GS 47C-3-116.2 as GS 47C-3-116.1and GS 47F-3-116.2 as GS 47F-3-116.1, validating nonjudicial foreclosure proceedings commenced by associations before October 1, 2003(was, July 1, 2013), and all sales and transfers of property as part of those proceedings, unless action to set aside foreclosure is commenced by October 1, 2013(was, July 1, 2013), or within one year of sale, whichever is later.

Amends GS 47F-3-116 to provide that fees, charges, late charges, and other charges imposed under GS 47F-3-102, 47F-3-107, 47F-3-107.1, and 47F-3-115 are subject to the claim of lien under this section unless the declaration provides otherwise. Makes conforming technical changes renumbering sections as necessary.

Makes this act effective October 1, 2013 (was, July 1, 2013).

Intro. by Bryan, Stam.GS 47C, GS 47F
H 597 (2013-2014) BAIL BONDSMAN/OFFICIAL SHIELD (NEW). Filed Apr 8 2013, A BILL TO BE ENTITLED AN ACT TO APPROVE AN OFFICIAL SHIELD FOR BAIL BONDSMEN.

Senate committee substitute to the 2nd edition makes the following changes. Deletes the proposed changes to GS 58-71-40(d), (e), and (f). Enacts new GS 58-71-40 to authorize a bail bondsman licensee, while engaged in official duties, to carry, possess, and display a shield. Specifies the appearance of the shield, requires that it include the licensee's last name and license number, and specifies wording that must appear on the shield. Provides that any shield that deviates from the requirements is unauthorized and its possession is a violation of the statute.

Provides that the act is effective when it becomes law and applies to any person licensed under GS 58-71-40 before, on, or after that date.

Updates the act's titles.

Intro. by Malone, Moffitt, Faircloth. GS 58

The Daily Bulletin: 2013-06-10

PUBLIC/SENATE BILLS
S 9 (2013-2014) UTILITIES/DESIGN/SURVEY LOCATION SERVICES. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT REQUIRING UTILITY OWNERS TO LOCATE AND DESCRIBE UNDERGROUND UTILITIES UPON WRITTEN OR ORAL REQUEST FROM A PERSON WHO IS RESPONSIBLE FOR DESIGNING OR SURVEYING UNDERGROUND FACILITIES OR REQUIRES A GENERAL DESCRIPTION AND LOCATION OF EXISTING UNDERGROUND FACILITIES IN AN AREA.

House amendment makes the following change to the 5th edition. Changes the effective date for this act to July 15, 2013 (was, July 1, 2013).

Intro. by Meredith.GS 87

The Daily Bulletin: 2013-06-10

The Daily Bulletin: 2013-06-10

LOCAL/SENATE BILLS
S 67 (SL 2013-67) (2013-2014) SURRY COMM. COLLEGE/YADKIN CTY. LAND TRANSFER (NEW). Filed Feb 7 2013, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE SURRY COMMUNITY COLLEGE TO CONVEY PROPERTY BY GIFT TO YADKIN COUNTY AND TO LEASE A PORTION OF ANY STRUCTURE SUBSEQUENTLY BUILT ON THAT PROPERTY.

A BILL TO BE ENTITLED AN ACT TO AUTHORIZE SURRY COMMUNITY COLLEGE TO CONVEY PROPERTY BY GIFT TO YADKIN COUNTY AND TO LEASE A PORTION OF ANY STRUCTURE SUBSEQUENTLY BUILT ON THAT PROPERTY. Enacted June 10, 2013. Effective June 10, 2013.

 
 
Intro. by Brunstetter. Yadkin
S 257 (SL 2013-68) (2013-2014) ALAMANCE/GUILFORD COUNTY BOUNDARY. Filed Mar 12 2013, A BILL TO BE ENTITLED AN ACT TO ENABLE THE TRANSITION OF PROPERTIES OF THE AREA ALONG THEIR COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND GUILFORD COUNTY BY REQUIRING A SURVEY OF THE BOUNDARY LINE BETWEEN THE COUNTIES.

A BILL TO BE ENTITLED AN ACT TO ENABLE THE TRANSITION OF PROPERTIES OF THE AREA ALONG THEIR COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND GUILFORD COUNTY BY REQUIRING A SURVEY OF THE BOUNDARY LINE BETWEEN THE COUNTIES. Enacted June 10, 2013. Effective June 10, 2013.

 
 
Intro. by Gunn.Alamance, Guilford
S 268 (SL 2013-69) (2013-2014) SUNSET BEACH/CANAL DREDGING/MAINTENANCE FEE. Filed Mar 12 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW THE TOWN OF SUNSET BEACH TO IMPOSE A CANAL DREDGING AND MAINTENANCE FEE.

A BILL TO BE ENTITLED AN ACT TO ALLOW THE TOWN OF SUNSET BEACH TO IMPOSE A CANAL DREDGING AND MAINTENANCE FEE. Enacted June 10, 2013. Effective June 10, 2013.

 
 
Intro. by Rabon.Brunswick
S 325 (2013-2014) WAKE COUNTY SCHOOL BOARD DISTRICTS. Filed Mar 13 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT MEMBERS OF THE WAKE COUNTY BOARD OF EDUCATION SHALL BE ELECTED FROM DISTRICTS.

House amendment #1 makes the following changes to the 3rd edition.

Establishes that candidates seeking office must file their notices of candidacy with the board of elections no earlier than 12:00 noon on the second Monday in June and no later than 12:00 noon on the first Friday in July (except if that is the 4th day of July then at 12:00 noon on the next business day) preceding the election (previously, candidates seeking office had to file their notices of candidacy with the board of elections no earlier than 12:00 noon on the last Friday in June and no later than 12:00 noon on the third Friday in July preceding the election). 

House amendment #2 makes the following change to the 3rd edition.

Amends the makeup of Districts 1-7.

Intro. by Hunt, Barefoot.Wake
ACTIONS ON BILLS

Actions on Bills: 2013-06-10

PUBLIC BILLS

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

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

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

    Ratified

H 122: AMEND INTERLOCUTORY APPEALS/FAMILY LAW.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Judiciary I

H 209: DV ORDERS/FINDINGS NOT REQUIRED (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 06/12/2013

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

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 06/12/2013

H 276: ZONING/BOARD OF ADJUSTMENT CHANGES.

    Ratified

H 279: TRANSFER ENVIRONMENTAL PERMITS.

    Ratified

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

    Ratified

H 331: HOAS/UNIFORM LIEN PROCEDURE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 06/12/2013

H 473: NC CAPTIVE INSURANCE ACT.

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

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

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

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

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

H 597: BAIL BONDSMAN/OFFICIAL SHIELD (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 06/12/2013

H 649: SMALL GROUP HEALTH INS. TECHNICAL CHANGES.

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

H 688: AMEND CONTINUING ED REQ'S/CERT. WELL K'ORS.

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

H 707: ENSURE SAFE NAVIGATION CHANNELS.

    House: Rec From Senate
    House: Rec To Concur In S Amend 1

H 751: NC RELIGIOUS FREEDOM RESTORATION ACT.

    House: Fiscal Note Attached

H 816: TOBACCO GROWERS ASSESSMENT ACT (NEW).

    House: Passed 3rd Reading

H 937: AMEND VARIOUS FIREARMS LAWS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary I

H 998: TAX SIMPLIFICATION AND REDUCTION ACT (NEW)

    House: Passed 3rd Reading
    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

S 9: UTILITIES/DESIGN/SURVEY LOCATION SERVICES.

    House: Amend Adopted A2
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 76: DOMESTIC ENERGY JOBS ACT.

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/12/2013

S 124: SHOOT GUN INSIDE/TO INCITE FEAR.

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/12/2013

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

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

S 156: CLARIFY LEC PROCEDURES/TC.

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

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

    Senate: Failed Concur In H Com Sub

S 207: MAINTAINING WATER & SEWER FISCAL HEALTH.

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

S 211: CITIES/PUBLIC NUISANCE NOTICE.

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

S 239: AMEND NC BUSINESS CORPORATION ACT.

    Ratified

S 328: SOLID WASTE MANAGEMENT REFORM ACT OF 2013.

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

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

    Ratified

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

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

S 411: ETHICS REQUIREMENTS FOR MPOS/RPOS.

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

S 439: AMEND & RESTATE NC LIMITED LIABILITY CO. ACT.

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

S 443: DISPOSITION OF ABANDONED FIREARMS (NEW).

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/12/2013

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

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/12/2013

S 468: ALIGN INSPECTIONS W/INSTALLER LICENSING.

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/12/2013

S 486: PERTUSSIS EDUCATION & AWARENESS.

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

S 489: CONSUMER FINANCE ACT AMENDMENTS.

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

S 520: WC/RECORD FULL IC HEARINGS.

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

S 528: CLARIFY PETIT JUROR OATH.

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

S 539: JURY LIST/DATE OF BIRTH INFORMATION.

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

S 545: MASTER METERS/LANDLORD-TENANT AGREEMENT.

    House: Passed 3rd Reading

S 583: METAL THEFT STATUTE AMENDMENTS.

    Ratified

S 584: AMEND FALSE LIENS LAW.

    Ratified

S 630: EVIDENCE & DNA EXPUNCTION LAWS.-AB

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/12/2013

Actions on Bills: 2013-06-10

LOCAL BILLS

H 456: DV FATALITY REVIEW TEAM/MECKLENBURG CO.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 1005: STANLY COUNTY COMMISSIONERS AND BD. OF ED.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to State and Local Government. If fav, re-ref to Education/Higher Education

S 67: SURRY COMM. COLLEGE/YADKIN CTY. LAND TRANSFER (NEW).

    Ratified
    Ch. SL 2013-67

S 257: ALAMANCE/GUILFORD COUNTY BOUNDARY.

    Ratified
    Ch. SL 2013-68

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

    Ratified
    Ch. SL 2013-69

S 312: REFERENDUM ON INCORPORATING LAKE JAMES.

    Senate: Passed 2nd Reading

S 325: WAKE COUNTY SCHOOL BOARD DISTRICTS.

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Failed A3
    House: Amend Failed A4
    House: Amend Failed A5
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

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