Senate amendment makes the following changes to the 4th edition.
Amends GS 115C-174.11(c)(4), making a technical change, providing that the State Board of Education must require the administration of an alternate to the ACT or an alternate to the PLAN precursor test to the ACT to a student who meets specified criteria (was, require the administration of the alternate ACT test or alternate PLAN precursor test to students who meet specified criteria).
The Daily Bulletin: 2013-06-11
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The Daily Bulletin: 2013-06-11
Intro. by Whitmire, Holloway, Blackwell, Glazier. | GS 115C |
Senate committee substitute makes the following changes to the 3rd edition.
Makes organizational changes to GS 106-701, incorporating subdivisions (1), (2), and (3) of subsection (a) into that subsection. Amends subsection (a1) to specify that the provisions of subsection (a), as amended in this act, do not apply when a plaintiff demonstrates that the agricultural or forestry operation has undergone a fundamental change. Amends GS 106-701(a1)(2) to provide that an interruption of farming for a period of no more than three years also does not constitute a fundamental change (was, provided that a fundamental change did not include a nonpermanent cessation or interruption of farming).
Reinstatessubsection (f) to GS 106-701 to provide for the award of costs and attorneys' fees to a prevailing defendant in a civil action in which an agricultural or forestry operation is alleged to be a nuisance (this subsection was in the 1st and 2nd edition of this bill and deleted in the 3rd edition).
Amends the catch line of GS 106-701 to reflect changes in the content of the section. Amends the long title of this act to restore previously deleted language regarding a prevailing defendant's entitlement to attorneys' fees.
Intro. by Ramsey, Presnell, Waddell. | GS 106 |
Senate committee substitute makes the following changes to the 3rd edition.
Amends the short and long title of this act.
Deletes changes to subsection (b) of GS 143-135.37, which permitted a construction project to use a nationally recognized high-performance environmental building rating system meeting certain qualifications to achieve sustainable building standards. Instead, adds two new subsections, (a1) and (f), to GS 143-135.37.
Enacts new subsection (a) to provide that the requirements of GS 143-135.37 only apply to a major facility construction or renovation project if the Department of Administration determines that the application of the requirements to the project will result in an anticipated net savings. Defines what constitutes an anticipated net savings. Specifies that all third-party certification costs are to be included in determining construction and operating costs.
Enacts new subsection (f)authorizing a major facility construction or renovation project to use a building rating system to achieve sustainable building standards as required by this section, providing that the rating system meets fourspecified criteria.
Intro. by Presnell. | GS 143 |
Senate amendment makes the following changes to the 3rd edition.
Amends GS 153A-349.53(a3), providing that a county can impose a fee not to exceed $1,000 for technical consultation and the review of a collocation or eligible facilities request application (previously, could impose a fee for technical consultation and the review of a collocation application only).
Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 143-128.1B (a)(2) to expand the definition of design-builder to include a limited liability company. Amends subsection (e) to direct the governmental entity, following an evaluation of the qualifications of the design-builders, to rank those who have made responses to the request for proposals, grouping the top three without ordinal ranking. Requires the governmental entity to make a selection from the grouping of the top three design-builders, selecting the lowest, responsive bidder based on the cumulative amount of fees provided under subdivision (d)(10) of this section, and taking into consideration (1) quality, (2) performance, and (3) the time specified in the proposals for the performance of the contract.
Amends GS 143-128.1C(g)(2)b to provide that a claimant's service on a private developerof a claim of lien on real property or a claim of lien on funds as allowed by Article 2 of GS Chapter 44A, is deemed to be adequate notice under this section.
Amends GS 143-128.1C(g)(3) to indicate that there is an applicable exception provided in GS 44A-16(c) to the provision prohibiting commencing an action on a payment bond after one year from the day on which the last of the labor was performed or material was furnished by the claimant.
Amends GS 143-128.1C(g)(9) to provide that the obligations and liens set out in Article 2 of GS Chapter 44A apply to a project awarded under this section to the extent that a private developer holds any property interests in the project. Also provides that the private developer is to be deemed to bethe owner to the extent of that private developer's ownership interest. Specifies that this subdivision is not to be construed to make the provisions of Article2 of GS Chapter 44A apply to governmental entities or public buildings to the extent of any property interest held by the governmental entity in the building (was, this section provided that the provisions of this subsection were not to be construed to limit rights given to claimants under subsection (g)).
Amends GS 44A-16 to provide criteria for the discharge by a private developer of a claim of lien on real property or a claim of lien on funds for improvements performed in conjunction with a development contract under GS 143-128.1C and the surety on a payment bond issued under GS 143-128.1C(g)(1) in accordance with this subsection. Specifies procedures for the discharge of a claim of lien.
Senate committee substitute makes the following changes to the 2nd edition.
Changes the long title.
Amends subsections GS 14-269.2(i)(4b) and GS 14-269.2(j)(4b), clarifying that, under specific situations, employees of an institution of higher education or nonpublic post-secondary educational institution, or a public or nonpublic school, residing on campus can have a handgun in the employee's vehicle or posses it outside the premises of the employee's residence when the employee is immediately leaving the campus or is driving directly to his or her residence from off campus (previously, provisions only provided for such possession when the employee was leaving campus).
Amends GS 14-269.2(k), providing that the provisions of this article do not apply to a person with a valid concealed handgun permit or a person who is exempt from obtaining such a permit and has a handgun in a closed compartment or container in the person's locked vehicle or in a locked container affixed to the person's vehicle. Provides that the person can unlock the vehicle to enter or exit provided the firearm remains in the closed compartment at all times and the vehicle is immediately locked upon entrance or exit (previously, set out specific types of educational property required for the exemption to be valid; exemption now applies to all types of educational property).
Amends GS 14-269.3(b), making a technical change.
Amends GS 14-415.17 to prescribe that a sheriff maintain as confidential (1) the list of persons who are issued a gun permit and (2) the information collected by the sheriff to process an application for a gun permit. However, maintains requirements that the sheriff make the list of permit holders and their permit information available upon request to all state and local law enforcement officials. Declares that the permit information and the list of permit holders is not a public record under GS 132-1. Directs the State Bureau of Investigation to make the list of permit holders and the information collected by the sheriff to process an application available to law enforcement officers statewide, but eliminates any requirement to share information with clerks of court on a statewide system.
Amends GS 14-406 to require that a dealer of pistols and other weapons is to keep records of sales confidential and that such records are not a public record under GS 132-1; however, requires the dealer to make the records available upon request to all state and local law enforcement agencies.
Amends GS 14-269.4, clarifying that the exemption for concealed carry permit holders also applies to those who are exempt from obtaining a concealed carry permit because of federal law which authorizes them to carry as current and retired law enforcement officers.
Enacts new subsection (d) to GS 14-277.2, providing an exception to the prohibition of concealed weapons at parades and funeral processions, allowing persons with a concealed carry permit to carry a concealed handgun, as long as the person in legal possession or control of the property on which he or she is carrying has not posted a notice prohibiting concealed handguns.
Amends GS 14-415.21, which provides criminal penalties for violating the conditions of a concealed carry permit, increasing the penalty for carrying on property that has a posted notice prohibiting the carrying of concealed weapons and for carrying concealed weapons while consuming alcohol or alcohol in the person's system from a Class 2 misdemeanor to a Class 1 misdemeanor. Makes a conforming change in GS 14-415.21(b).
Repeals GS 14-402, 14-403, 14-404, 14-405, and 14-407.1, all sections containing provisions regarding the pistol permit system, effectively repealing the pistol permit system. Amends GS 14-315(b1) and GS 20-187.2(a), making conforming changes in regards to the repeal of the pistol permit system.
Deletes changes made to GS 14-404(g) in the previous edition, which provided that an applicant cannot be ineligible to receive a specified permit because of an adjudication of mental incompetence.
Amends GS 14-415.18, requiring a sheriff to revoke the concealed carry permit of any person who has been adjudicated guilty of or receives a prayer for judgment continued for a crime that would have disqualified the permittee from initially receiving a permit. Requires the sheriff to issue a written notice to the permittee of the revocation. Upon receipt of the notice the permittee is required to surrender the permit. Provides for an appeal procedure for the revocation.
Amends GS 14-269(b) and GS 14-415.27, allowing any North Carolina district court or superior court judge, magistrate, clerk of court, or register of deeds that has a concealed handgun permit to be exempt from the general prohibition against carrying a concealed weapon and from the prohibitions of carrying a weapon in certain areas, premises, or in certain circumstances, unless prohibited by federal law, including but not limited to courthouses and correctional facilities.
Amends GS 113-291.1(c), to allow hunting with a suppressor or other device designed to muffle or minimize the report of a firearm that is lawfully possessed.
Amends GS 14-415.10 and GS 14-269(b), concerning retired law enforcement officers, amending the definition of qualified retired law enforcement officer in regards to applying to the carrying of a concealed handgun, making it consistent with the federal law definition. Makes conforming and clarifying changes.
Amends the enactment clause, providing that Sections 1-6, 14-18, 21, 23, and 25 of the act will become effective October 1, 2013, and apply to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of the act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. The remainder of this act becomes effective October 1, 2013.
The Daily Bulletin: 2013-06-11
The Daily Bulletin: 2013-06-11
A BILL TO BE ENTITLED AN ACT CONCERNING MEMBERSHIP ON THE DOMESTIC VIOLENCE REVIEW TEAM IN MECKLENBURG COUNTY AND ESTABLISHING A DOMESTIC VIOLENCE REVIEW TEAM IN PITT COUNTY AND ALAMANCE COUNTY. Enacted June 11, 2013. Effective June 11, 2013.
Intro. by Carney, Bryan, Cunningham, Jeter. | Alamance, Mecklenburg, Pitt |
Senate committee substitute to the 2nd edition makes the following changes.
Amends the Cramerton Charter as follows. Requires that two members of the Board of Commissioners (Board) be elected in 2013 and quadrennially thereafter for four-year terms, and that three members be elected in 2015 and quadrennially thereafter for four-year terms (was, five elected in 2013 with the two receiving the most votes elected to four-year terms, with the other three elected to two-year terms, with three members elected in 2015 and quadrennially thereafter to four-year terms, and two members elected in 2017 and quadrennially thereafter to four-year terms).
Removes the requirement that Robert's Rules of Order govern the Board's proceedings.
Adds that members of the Board serving on the date of the ratification of the Charter will complete the remainder of their terms, with their positions filled as the terms expire.
Intro. by Bumgardner. | Gaston |
The Daily Bulletin: 2013-06-11
House committee substitute makes the following changes to the 3rd edition.
Changes the short and long title.
Enacts new section GS 160A-328, Provision of municipal services to certain properties, providing that a municipality must provide specified municipal services to any property if that property owner submitted a petition for voluntary annexation and the municipal governing board voted on an annexation ordinance for that property but the annexation ordinance failed. Sets out the requirements that the property owner must meet for this section to apply. Establishes that a municipality providing services to a property as described above cannot impose terms on the property owner that are more burdensome than those set out in this section, including requiring the payment for the cost and expense of certain infrastructure improvements and the charging of twice the rate for water and sewer services. Sets out provisions regarding the maintenance and reimbursement of certain improvements to property. Provides that if the municipality or the General Assembly annexes any of the property receiving service, then the municipality cannot continue to charge twice the rate for water and sewer services. Establishes that the neither the municipality or the county can change the zoning designation without the consent of the owner and sets out the definition of municipal services.
Establishes, effective June 3, 2023, that the corporate limits of the City of Durham (Durham) are extended by annexing specified property as described in the act.
Amends SL 1975-671, to allow Durham to award contracts for the design and construction of a police headquarters and annex facility, two police service centers, and a 911 facility without being subject to GS 133-1, 133-2, 133-3, or the provisions of Article 3D and Article 8 of GS Chapter 143. Authorization is granted to use design-build, design-build-operate, design-build-operate-maintain, or any combination of the above.
Durham must obtain proposals from at least three design-build teams for the authorized projects above. If three proposals are not received and the project has been publicly advertised for a minimum of 30 days, Durham can proceed with the proposals received. The evaluation of the proposals is not exempt from the requirements of the city's Equal Business Opportunity Program Ordinance.
The city council must award the contract to the best qualified design-build team, taking into consideration several factors that it determines as having a material bearing on the proposal.
Provides that Durham County can award contracts for the design and construction or design, construction, and operation of water treatment and wastewater treatment plant projects without being subject to the requirements of GS 143-128, 143-129, 143-131, 143-132, 143-64.31, and 143-64.32. Authorization is granted to use design-build, design-build-operate, or a request for proposal and negotiation as an alternative design and construction method.
Durham County must obtain proposals from at least three design-build teams for the authorized projects above. If three proposals are not received and the project has been publicly advertised for a minimum of 30 days, Durham County can proceed with the proposals received. The board of commissioners will award the contract based on specified criteria.
Establishes that no note or deed of trust granted to a county for the purpose of securing or reserving wastewater treatment capacity is valid or enforceable if that capacity is not utilized by the maker or grantor.
Provides that if a final order by a court of competent jurisdiction finds that any portion of this act is unconstitutional, then Sections 1, 2, and 6 of the act are void.
Actions on Bills: 2013-06-11
H 24: DV ABUSER TREATMENT PROGRAM/AMENDMENTS (NEW).
H 29: METHAMPHETAMINE/OFFENSE/PENALTIES.
H 60: TRANSFER OF INDIAN CULTURAL CENTER PROPERTY.
H 88: LIEN AGENTS/TECHNICAL CORRECTIONS (NEW).
H 120: BLDING CODES: LOCAL CONSISTENCY/EXEMPT CABLE (NEW).
H 157: LIMIT USE OF HIGHWAY FUND CREDIT BALANCE.
H 211: WEIGHT LIMITS/ANIMAL FEED TRUCKS.
H 223: ELECTRIC MEMBERSHIP CORPS/MEMBER CONTROL.
H 240: INSURANCE TECHNICAL/CLARIFYING CHANGES.-AB
H 248: TAXPAYER DEBT INFORMATION ACT.
H 255: UNC TUITION SURCHARGE/ADVANCE NOTICE.
H 276: ZONING/BOARD OF ADJUSTMENT CHANGES.
H 278: HOAS/VOLUNTARY PRELITIGATION MEDIATION.
H 279: TRANSFER ENVIRONMENTAL PERMITS.
H 289: STATE COMPUTER EQUIPMENT/BUY REFURBISHED.
H 317: IMPROVE ED. FOR CHILDREN WHO ARE DEAF.
H 322: CDL REQUIREMENTS/MILITARY EXPERIENCE.
H 332: NOTARY ACT/SATISFACTION OF SECURITY INTERESTS.
H 350: COURT IMPROVEM'T PROJECT JUV LAW CHANGES.-AB
H 390: STATE IT GOVERNANCE CHANGES.-AB
H 396: ENACT PRIVATE WELL WATER EDUCATION ACT.-AB
H 439: ECONOMIC DEVELOPMENT JOBSITES PROGRAM.
H 465: NO POSSESSION OF FIREARMS/UNDOCUMENTED ALIENS.
H 473: NC CAPTIVE INSURANCE ACT.
H 505: EXTEND DSWC ANIMAL WASTE INSPECTIONS (NEW).
H 515: AMEND CREDIT UNION LAWS.
H 548: MARINE FISHERIES RULEBOOK PRODUCTION.
H 587: ALTERNATE ACT/PLAN FOR CERTAIN STUDENTS (NEW).
H 611: SUSPENSION REMOVED WHEN ELIGIBILITY MET.
H 614: NC AGRICULTURE AND FORESTRY ACT.
H 623: MODIFY WEIGHT LIMITS FOR LINE TRUCKS.
H 628: PROTECT/PROMOTE LOCALLY SOURCED BLDG. MTRL'S (NEW).
H 629: AMEND DEFINITION OF SPECIAL PURPOSE PROJECT.
H 641: AMEND CONDITIONAL DISCHARGE/1ST DRUG OFFENSE.
H 650: GUARANTY ASSOCIATION ACT AMENDMENTS.
H 662: LIMITED LICENSE/INSTALL BACKFLOW ASSEMBLIES.
H 664: CELL TOWER DEPLOYMENT ACT.
H 684: INCREASE DRIVEWAY SAFETY ON CURVY ROADS.
H 686: NC SEAFOOD PARK/NAME CHANGE.
H 688: AMEND CONTINUING ED REQ'S/CERT. WELL K'ORS.
H 707: ENSURE SAFE NAVIGATION CHANNELS.
H 727: ALT. PROCEDURE FOR OBTAINING SALVAGE TITLE.
H 743: UI LAWS ADMINISTRATIVE CHANGES.
H 762: AMEND CERTAIN BAIL BOND PROCEDURES.
H 763: ALLOW ALIMONY/POST SEP SUPP DURING MARRIAGE.
H 765: JURY INSTRUCTIONS FOR SCHOOL BUDGET DISPUTE.
H 816: TOBACCO GROWERS ASSESSMENT ACT (NEW).
H 850: POSSESSION OF NEEDLES/TELL LAW OFFICER.
H 857: PUBLIC CONTRACTS/CONSTRUCTION METHODS/DB/P3.
H 879: GRAND JURORS/SERVICE.
H 892: NO FISCAL NOTE FOR RULE REPEAL.
H 936: WILDLIFE POACHER REWARD FUND.
H 937: AMEND VARIOUS FIREARMS LAWS.
S 9: UTILITIES/DESIGN/SURVEY LOCATION SERVICES.
S 36: APA TECHNICAL/CLARIFYING CHGES.
S 137: PROHIBIT CO-PAY WAIVER/MEDICAID PROVIDERS.
S 156: CLARIFY LEC PROCEDURES/TC.
S 207: MAINTAINING WATER & SEWER FISCAL HEALTH.
S 211: CITIES/PUBLIC NUISANCE NOTICE.
S 222: REVISE CONTROLLED SUBSTANCES REPORTING.
S 239: AMEND NC BUSINESS CORPORATION ACT.
S 248: CHOICE OF HEARING AID SPECIALIST.
S 306: CAPITAL PUNISHMENT/AMENDMENTS.
S 387: FOREST SERVICE CHANGES/BEDDING LAW ROE (NEW).
S 402: APPROPRIATIONS ACT OF 2013.
S 409: ASSESS COSTS/RESTRAINING ORDERS (NEW).
S 411: ETHICS REQUIREMENTS FOR MPOS/RPOS.
S 439: AMEND & RESTATE NC LIMITED LIABILITY CO. ACT.
S 486: PERTUSSIS EDUCATION & AWARENESS.
S 489: CONSUMER FINANCE ACT AMENDMENTS.
S 494: COMMUNITY SERVICE/POST-RELEASE SUPERVISION.
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 542: DRUG TESTING FOR LTC APPLICANTS & EMPLOYEES.
S 545: MASTER METERS/LANDLORD-TENANT AGREEMENT.
S 571: AUTHORIZE VARIOUS SPECIAL PLATES.
S 583: METAL THEFT STATUTE AMENDMENTS.
S 584: AMEND FALSE LIENS LAW.
Actions on Bills: 2013-06-11
H 68: ESTABLISH OMBUDSMAN/FOSTER CARE/GASTON COUNTY.
H 229: HOLDEN BEACH/CANAL DREDGING DISTRICT FEE.
H 234: CLARIFY PENDER COUNTY ABC LAWS (NEW).
H 456: DV FATALITY REVIEW TEAM/MECKLENBURG CO.
H 491: SCHOOL RESOURCE OFFICERS/LEE COUNTY.
H 501: BUNCOMBE CTY/COMMUNITY COLLEGE PROJECTS.
H 562: CRAMERTON CHARTER REVISAL.
S 312: REFERENDUM ON INCORPORATING LAKE JAMES.
S 315: MUNICIPAL SERVICES (NEW).
S 325: WAKE COUNTY SCHOOL BOARD DISTRICTS.
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