The Daily Bulletin: 2013-06-13

The Daily Bulletin: 2013-06-13

PUBLIC/HOUSE BILLS
H 10 (SL 2013-94) (2013-2014) REMOVE ROUTE RESTRICTION FOR NC 540 LOOP. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO REMOVE THE RESTRICTION ON THE TURNPIKE AUTHORITY'S SELECTION OF A CORRIDOR LOCATION FOR THE SOUTHEAST EXTENSION PROJECT OF N.C. 540.

A BILL TO BE ENTITLED AN ACT TO REMOVE THE RESTRICTION ON THE TURNPIKE AUTHORITY'S SELECTION OF A CORRIDOR LOCATION FOR THE SOUTHEAST EXTENSION PROJECT OF N.C. 540. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Stam, Dollar. GS 136
H 25 (SL 2013-95) (2013-2014) AMEND FELONY BREAKING OR ENTERING. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE FELONY OFFENSE OF BREAKING OR ENTERING.

A BILL TO BE ENTITLED AN ACT TO AMEND THE FELONY OFFENSE OF BREAKING OR ENTERING. Enacted June 12, 2013. Effective December 1, 2013.

 

 

Intro. by T. Moore.GS 14
H 32 (SL 2013-81) (2013-2014) INCREASE YEAR'S ALLOWANCE. Filed Jan 31 2013, A BILL TO BE ENTITLED AN ACT TO INCREASE THE AMOUNT OF THE YEAR'S ALLOWANCE FOR A SURVIVING SPOUSE.

A BILL TO BE ENTITLED AN ACT TO INCREASE THE AMOUNT OF THE YEAR'S ALLOWANCE FOR A SURVIVING SPOUSE. Enacted June 12, 2013. Effective January 1, 2014.

 

 

Intro. by Hurley, Turner.GS 30
H 57 (2013-2014) CHILD NUTRITION PROGRAM SOLVENCY AND SUPPORT. Filed Jan 31 2013, A BILL TO BE ENTITLED AN ACT (1) TO PROHIBIT LOCAL SCHOOL ADMINISTRATIVE UNITS FROM ASSESSING INDIRECT COSTS TO A CHILD NUTRITION PROGRAM UNLESS THE PROGRAM IS FINANCIALLY SOLVENT AND (2) TO PROMOTE OPTIMAL PRICING FOR CHILD NUTRITION PROGRAM FOODS AND SUPPLIES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION.

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

Prohibits local school administrative units(LEAs)from assessing indirect costs to a child nutrition program unless the program has a minimum of one month's operating balance (was, prohibited LEAs from assessing indirect costs unless the child nutrition program's food services account had a balance greater than an average month's cost of operation for the program). Provides that one month's operating balance is to be determined by dividing net cash resources by one month's operating costs. Defines the term net cash resources as it is defined in 7 CFR �_ 210.2. Provides criteria to be used by the Department of Public Instruction (DPI) in calculating the average month's operating balance. Directs DPI to calculate and publish an average month's operating balance for each child nutrition program.

Deletes requirement that DPI report annually to the Joint Legislative Education Oversight Committee on the annual savings from participation of LEAs in the North Carolina Procurement Alliance.

Intro. by Howard. GS 115C
H 114 (SL 2013-93) (2013-2014) NO SS# REQ/ABSOLUTE DIVORCE (NEW). Filed Feb 14 2013, A BILL TO BE ENTITLED AN ACT TO NO LONGER REQUIRE THAT A COMPLAINT OR JUDGMENT FOR ABSOLUTE DIVORCE CONTAIN THE SOCIAL SECURITY NUMBER OF A PARTY.

A BILL TO BE ENTITLED AN ACT TO NO LONGER REQUIRE THAT A COMPLAINT OR JUDGMENT FOR ABSOLUTE DIVORCE CONTAIN THE SOCIAL SECURITY NUMBER OF A PARTY. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Stevens. GS 50
H 122 (2013-2014) AMEND INTERLOCUTORY APPEALS/FAMILY LAW. Filed Feb 19 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS PERTAINING TO INTERLOCUTORY APPEALS AS RELATED TO FAMILY LAW.

Senate committee substitute makes the following change to the 3rd edition. Repeals GS 7A-378 regarding the censure, suspension, or removal of any justice of the North Carolina Supreme Court (was, amended this provision in a previous edition to also cover public reprimand of a Supreme Court justice).

Intro. by Glazier, Stevens. GS 7A, GS 50
H 125 (SL 2013-96) (2013-2014) PUBLIC AGENCY COMPUTER CODE NOT PUBLIC RECORD. Filed Feb 19 2013, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT CERTAIN TYPES OF PROPRIETARY COMPUTER CODE ARE NOT A PUBLIC RECORD.

A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT CERTAIN TYPES OF PROPRIETARY COMPUTER CODE ARE NOT A PUBLIC RECORD. Enacted June 12, 2013. Effective June 12, 2013, and applies to public records existing before, on, or after that date.

 

 

Intro. by Conrad, Hanes, Lambeth.GS 132
H 142 (SL 2013-97) (2013-2014) PROVIDE ACCESS TO CAMPUS POLICE RECORDS. Filed Feb 21 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE PUBLIC ACCESS TO CERTAIN INFORMATION MAINTAINED BY CAMPUS POLICE AGENCIES AFFILIATED WITH PRIVATE, NONPROFIT INSTITUTIONS OF HIGHER EDUCATION.

A BILL TO BE ENTITLED AN ACT TO PROVIDE PUBLIC ACCESS TO CERTAIN INFORMATION MAINTAINED BY CAMPUS POLICE AGENCIES AFFILIATED WITH PRIVATE, NONPROFIT INSTITUTIONS OF HIGHER EDUCATION. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Daughtry.GS 74G
H 146 (SL 2013-71) (2013-2014) BACK TO BASICS. Filed Feb 21 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ENSURE INSTRUCTION IN CURSIVE WRITING AND MEMORIZATION OF MULTIPLICATION TABLES AS A PART OF THE BASIC EDUCATION PROGRAM.

A BILL TO BE ENTITLED AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ENSURE INSTRUCTION IN CURSIVE WRITING AND MEMORIZATION OF MULTIPLICATION TABLES AS A PART OF THE BASIC EDUCATION PROGRAM. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Hurley, Warren.GS 115C
H 147 (2013-2014) AMEND ADOPTION LAWS. Filed Feb 21 2013, A BILL TO BE ENTITLED AN ACT TO AMEND VARIOUS LAWS PERTAINING TO ADOPTION.

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

Amends GS 7B-909, Review of agency's plan for placement, providing that the director of social services must promptly notify the clerk to calendar a review of the department's or agency's plan for a juvenile if the juvenile is in the custody of the department or agency and has not become the subject of a decree of adoption within six months following relinquishment of the juvenile for adoption by a parent, guardian, or guardian ad litem under the provisions of GS 48, Article 3, Part 7. Makes conforming and organizational changes.

Intro. by Jordan, Stevens, Glazier.GS 7B, GS 48, GS 50
H 301 (SL 2013-98) (2013-2014) CLARIFYING CHANGES/ENGINEERS/SURVEYORS LAWS. Filed Mar 13 2013, A BILL TO BE ENTITLED AN ACT TO MAKE CLARIFYING CHANGES TO THE LAWS REGULATING ENGINEERS AND LAND SURVEYORS AND TO WAIVE THE EXAMINATION REQUIREMENT FOR GIS PRACTITIONERS WITH CERTAIN EXPERIENCE UNTIL JULY 1, 2014.

A BILL TO BE ENTITLED AN ACT TO MAKE CLARIFYING CHANGES TO THE LAWS REGULATING ENGINEERS AND LAND SURVEYORS AND TO WAIVE THE EXAMINATION REQUIREMENT FOR GIS PRACTITIONERS WITH CERTAIN EXPERIENCE UNTIL JULY 1, 2014. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Arp, Catlin, Millis, Hager. GS 89C
H 315 (SL 2013-74) (2013-2014) PLASTICS LABELING REQUIREMENTS. Filed Mar 13 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT DEGRADABLE PLASTIC PRODUCTS BE CLEARLY LABELED TO PREVENT CONTAMINATION OF RECYCLED PLASTIC FEEDSTOCKS.

A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT DEGRADABLE PLASTIC PRODUCTS BE CLEARLY LABELED TO PREVENT CONTAMINATION OF RECYCLED PLASTIC FEEDSTOCKS. Enacted June 12, 2013. Effective June 12, 2013, and applies to any plastic containers distributed, sold, or offered for sale after July 1, 2014.

 

 

Intro. by McGrady, Samuelson, Szoka, Turner. GS 130A
H 361 (SL 2013-101) (2013-2014) JUSTICE REINVESTMENT TECHNICAL CORRECTIONS.-AB Filed Mar 19 2013, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL AND CLARIFYING CHANGES TO THE JUSTICE REINVESTMENT ACT OF 2011.

A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL AND CLARIFYING CHANGES TO THE JUSTICE REINVESTMENT ACT OF 2011. Enacted June 12, 2013. Section 6 is effective October 1, 2013. The remainder is effective June 12, 2013.

 

 

Intro. by Faircloth.GS 15, GS 15A, GS 143B
H 368 (SL 2013-99) (2013-2014) BD. OF AGRICULTURE FORESTRY/NURSERY APPTS.-AB Filed Mar 20 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE REPRESENTATION OF FORESTRY AND NURSERY INTERESTS ON THE BOARD OF AGRICULTURE.

A BILL TO BE ENTITLED AN ACT TO PROVIDE REPRESENTATION OF FORESTRY AND NURSERY INTERESTS ON THE BOARD OF AGRICULTURE. Enacted June 12, 2013. Effective July 1, 2013.

 

 

Intro. by Langdon, Dixon.GS 106
H 383 (SL 2013-102) (2013-2014) AMEND GRAIN DEALER LICENSING LAWS.-AB Filed Mar 20 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE GRAIN DEALER LICENSING ACT TO INCREASE THE BONDING AMOUNT THAT MUST ACCOMPANY LICENSE APPLICATIONS AND TO SPECIFY ADDITIONAL GROUNDS FOR LICENSE REFUSAL OR REVOCATION.

A BILL TO BE ENTITLED AN ACT TO AMEND THE GRAIN DEALER LICENSING ACT TO INCREASE THE BONDING AMOUNT THAT MUST ACCOMPANY LICENSE APPLICATIONS AND TO SPECIFY ADDITIONAL GROUNDS FOR LICENSE REFUSAL OR REVOCATION. Enacted June 12, 2013. Effective October 1, 2013.

Intro. by J. Bell, Langdon, Dixon. GS 106
H 384 (SL 2013-103) (2013-2014) AMEND DEFINITIONS/PROPERTY CLASSIF./EQU. DIST. Filed Mar 20 2013, A BILL TO BE ENTITLED AN ACT AMENDING THE DEFINITION OF MARITAL PROPERTY TO PROVIDE THAT ENTIRETIES PROPERTY IS SUBJECT TO THE SAME BURDEN OF PROOF IN REBUTTING THE PRESUMPTION AS ALL PROPERTY CLASSIFIED AS MARITAL PROPERTY AND AMENDING THE DEFINITION OF DIVISIBLE PROPERTY TO CLARIFY THAT INCREASES AND DECREASES IN MARITAL DEBT MEANS PASSIVE INCREASES AND PASSIVE DECREASES IN MARITAL DEBT UNDER THE LAWS PERTAINING TO EQUITABLE DISTRIBUTION.

A BILL TO BE ENTITLED AN ACT AMENDING THE DEFINITION OF MARITAL PROPERTY TO PROVIDE THAT ENTIRETIES PROPERTY IS SUBJECT TO THE SAME BURDEN OF PROOF IN REBUTTING THE PRESUMPTION AS ALL PROPERTY CLASSIFIED AS MARITAL PROPERTY AND AMENDING THE DEFINITION OF DIVISIBLE PROPERTY TO CLARIFY THAT INCREASES AND DECREASES IN MARITAL DEBT MEANS PASSIVE INCREASES AND PASSIVE DECREASES IN MARITAL DEBT UNDER THE LAWS PERTAINING TO EQUITABLE DISTRIBUTION. Enacted June 12, 2013. Effective October 1, 2013.

Intro. by Davis, Stevens.GS 50
H 407 (SL 2013-104) (2013-2014) TRUSTEE-ATTY FEE/FORECLOSURES/CLERK APPROVAL. Filed Mar 21 2013, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CLERKS OF SUPERIOR COURT TO DETERMINE THE REASONABLENESS OF COUNSEL FEES PAID TO AN ATTORNEY SERVING AS A TRUSTEE IN A POWER OF SALE FORECLOSURE PROCEEDING.

A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CLERKS OF SUPERIOR COURT TO DETERMINE THE REASONABLENESS OF COUNSEL FEES PAID TO AN ATTORNEY SERVING AS A TRUSTEE IN A POWER OF SALE FORECLOSURE PROCEEDING. Enacted June 12, 2013. Effective June 12, 2013.

Intro. by Turner.GS 45
H 410 (SL 2013-79) (2013-2014) CANCEL TITLE TO MANUFACTURED HOME. Filed Mar 21 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW THE DIVISION OF MOTOR VEHICLES TO CANCEL A CERTIFICATE OF TITLE TO A MANUFACTURED HOME WHEN THE PERSON REQUESTING CANCELLATION DOES NOT HAVE THE CERTIFICATE OF TITLE.

A BILL TO BE ENTITLED AN ACT TO ALLOW THE DIVISION OF MOTOR VEHICLES TO CANCEL A CERTIFICATE OF TITLE TO A MANUFACTURED HOME WHEN THE PERSON REQUESTING CANCELLATION DOES NOT HAVE THE CERTIFICATE OF TITLE. Enacted June 12, 2013. Effective July 1, 2013.

 

 

Intro. by Jordan.GS 20
H 433 (2013-2014) LAND USE SURROUNDING MILITARY INSTALLATIONS. Filed Mar 26 2013, A BILL TO BE ENTITLED AN ACT TO SUPPORT THE ACTIVITIES OF THE ARMED FORCES AND TO MAINTAIN AND ENHANCE THE MILITARY'S PRESENCE IN NORTH CAROLINA BY REGULATING THE HEIGHT OF BUILDINGS AND STRUCTURES LOCATED IN AREAS THAT SURROUND MILITARY INSTALLATIONS IN THE STATE.

Conference report makes the following changes to the 6th edition.

Amends  the definition for tall buildings or structures in GS 143-151.71, providing that it does not include buildings and structures listed individually or as contributing resources within a district listed in the National Register of Historic Places. Deletes language from previous edition that excluded specified structures or buildings.

Amends GS 143-151.74, Exemptions from applicability, providing two new subsections exempting cellular and television towers erected to temporarily replace others of the same make that have been damaged or destroyed when specified conditions are met. Provides language also exempting the modification, replacement, removal, or addition of antennas on cellular or television towers in an area surrounding a major military installation from the provisions of the Article.

Amends GS 143-151.75, changing the title to Endorsement for proposed tall buildings or structures required, providing that a person seeking an endorsement pursuant to these provisions must provide written notice of the intent to seek endorsement to the base commander (was, commanders) of the major military installation located within five miles of the proposed building or structure. Makes technical and clarifying changes. Makes organizational changes. Provides that if the Building Code Council does not receive the requested written statement from the base commander within 45 days of the issuance of the request, then the Building Code Council will consider the tall building or structure as endorsed by the base commander. Provides that the Building Code Council will make a final decision on the request for endorsement of the building or structure within 90 days (was, 60 days) from the date on which the Council requests the written statement from the base commander.

Directs the NC Advisory Commission on Military Affairs, or its successor, to study the feasibility and desirability of creating a "NC Military Clearinghouse" to protect the mission capabilities of the major military installations in North Carolina from development and other concerns.  Requires the Commission to report its findings and recommendations to the Governor and the General Assembly on or before the convening of the 2014 Session of the 2013 General Assembly.

Provides that Section 3 of the act is effective when the act becomes law. The remainder is effective October 1, 2013, and applies to tall buildings and structures for which construction is initiated on or after that date.

 

Intro. by J. Bell, Stam, McElraft, Whitmire.GS 143
H 449 (SL 2013-73) (2013-2014) STATE CONTRACTS/FURNITURE. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT PROVIDING THAT A VENDOR IS QUALIFIED FOR PURPOSES OF ANY STATE FURNITURE REQUIREMENTS CONTRACT IF THE VENDOR'S PRODUCTS ARE INCLUDED ON A UNITED STATES GENERAL SERVICES ADMINISTRATION (GSA) FURNITURE SCHEDULE, THE VENDOR IS A FEDERALLY QUALIFIED VENDOR FOR THE GSA FURNITURE SCHEDULE, AND THE VENDOR OFFERS PRODUCTS ON THE SAME PRICING AND SPECIFICATIONS AS THE GSA FURNITURE SCHEDULE.

A BILL TO BE ENTITLED AN ACT PROVIDING THAT A VENDOR IS QUALIFIED FOR PURPOSES OF ANY STATE FURNITURE REQUIREMENTS CONTRACT IF THE VENDOR'S PRODUCTS ARE INCLUDED ON A UNITED STATES GENERAL SERVICES ADMINISTRATION (GSA) FURNITURE SCHEDULE, THE VENDOR IS A FEDERALLY QUALIFIED VENDOR FOR THE GSA FURNITURE SCHEDULE, AND THE VENDOR OFFERS PRODUCTS ON THE SAME PRICING AND SPECIFICATIONS AS THE GSA FURNITURE SCHEDULE. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Starnes. GS 143
H 480 (SL 2013-82) (2013-2014) ENVIRONMENTAL PERMITTING REFORM. Filed Mar 28 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE REGULATORY CERTAINTY FOR NORTH CAROLINA BY REQUIRING THE DEVELOPMENT OF MINIMUM DESIGN CRITERIA FOR STORMWATER PERMITS TO GUIDE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN PERMIT ISSUANCE AND TO REFORM THE PERMITTING PROCESS TO ALLOW A FAST-TRACK PERMITTING PROCESS FOR APPLICATIONS CERTIFIED BY A QUALIFIED PROFESSIONAL TO BE IN COMPLIANCE WITH THE MINIMUM DESIGN CRITERIA.

A BILL TO BE ENTITLED AN ACT TO PROVIDE REGULATORY CERTAINTY FOR NORTH CAROLINA BY REQUIRING THE DEVELOPMENT OF MINIMUM DESIGN CRITERIA FOR STORMWATER PERMITS TO GUIDE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN PERMIT ISSUANCE AND TO REFORM THE PERMITTING PROCESS TO ALLOW A FAST-TRACK PERMITTING PROCESS FOR APPLICATIONS CERTIFIED BY A QUALIFIED PROFESSIONAL TO BE IN COMPLIANCE WITH THE MINIMUM DESIGN CRITERIA. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Millis, Moffitt, Catlin, Hardister. GS 143
H 532 (SL 2013-105) (2013-2014) NO DRINKING IN EMS & LAW ENFORCEMENT VEHICLES. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIME TO OPERATE AN AMBULANCE, EMS VEHICLE, FIREFIGHTING VEHICLE, OR LAW ENFORCEMENT VEHICLE UPON ANY HIGHWAY, STREET, OR PUBLIC VEHICULAR AREA WITHIN THE STATE WHILE CONSUMING ALCOHOL OR WHILE ALCOHOL REMAINS IN THE PERSON'S BODY.

A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIME TO OPERATE AN AMBULANCE, EMS VEHICLE, FIREFIGHTING VEHICLE, OR LAW ENFORCEMENT VEHICLE UPON ANY HIGHWAY, STREET, OR PUBLIC VEHICULAR AREA WITHIN THE STATE WHILE CONSUMING ALCOHOL OR WHILE ALCOHOL REMAINS IN THE PERSON'S BODY. Enacted June 12, 2013. Effective December 1, 2013.

Intro. by Elmore, McNeill, Jackson. GS 20
H 565 (2013-2014) AMEND REAL ESTATE APPRAISERS' LAWS/FEES. Filed Apr 3 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS REGULATING REAL ESTATE APPRAISERS.

House committee substitute makes the following changes to the 1st edition.

Amends GS 93E-1-6, concerning qualifications for registration and certification for real estate appraisers, deleting language referring to the licensure or to licensed real estate appraisers.

Amends GS 93E-1-9, changing title to Nonresident registration and certification, and GS 93E-1-11(a), deleting any mention of licensure or licensed real estate appraisers, in lieu of referring to registered or certified real estate appraisers.

Amends GS 93E-2-4, providing that in order to be registered as an appraisal management company, the registration must include, among other things, a certification that the entity has a trust or escrow account in which a portion of all receipts from the entity's clients are to be paid to appraisers are deposited into the account when the fees are received (previously, only required the entity to obtain a surety bond). Provides that registered appraisal management companies must ensure that appraisers receive fees within 45 days (was, 30 days).

Deletes provisions concerning the surety bond requirement and provides new language requiring the trust or escrow account of registered appraisal management companies to be a demand deposit account in a federally insured depository institution lawfully doing business in North Carolina that agrees to make the institution's records of the appraisal management company's trust or escrow account available for inspection by the Commission's representatives. Deletes language in GS 93E-2-6 that required each applicant for registration or renewal as an appraisal management company to pay $500 into the Appraisal Management Company Recovery Fund.

Amends GS 93E-2-8, Disciplinary authority, deleting language regarding the maintenance of a surety bond. Establishes that an appraisal management company can be disciplined for commingling the appraisal fees owed to appraisers with the appraisal management company's operating or other funds or for failure to maintain and deposit in a trust or escrow account in a bank as required. Adds language that allows the Board to conduct financial audits of the trust or escrow accounts, without prior approval. Requires the management company to provide written authorization to the bank to release such information as needed to inspect those records. Establishes that the Board is exempt from the requirements of GS 53B, which requires the issuance of subpoenas to compel the production of a licensee's trust account records.

Deletes previously included new section GS 93E-2-12, Appraisal Management Company Recovery Fund.

Amends GS 93E-2-9, adding subsection (c1), requiring every appraisal management company to meet specified recordkeeping requirements in regards to the trust and escrow account.

Deletes provision providing that persons previously certified or licensed by the Board are deemed to have met specified requirements of this act.

Amends effective date to July 1, 2014 (was, January 1, 2014).

Intro. by Szoka, Howard, B. Brown, Saine.GS 93E, GS 114
H 581 (SL 2013-100) (2013-2014) TROPHY WILDLIFE SALE PERMIT. Filed Apr 4 2013, A BILL TO BE ENTITLED AN ACT TO DIRECT THE WILDLIFE RESOURCES COMMISSION TO ADOPT RULES TO IMPLEMENT THE TROPHY WILDLIFE SALE PERMIT.

A BILL TO BE ENTITLED AN ACT TO DIRECT THE WILDLIFE RESOURCES COMMISSION TO ADOPT RULES TO IMPLEMENT THE TROPHY WILDLIFE SALE PERMIT. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Elmore, West.UNCODIFIED
H 591 (SL 2013-80) (2013-2014) REPORTING AND TERMS FOR LONG. DATA BOARD. Filed Apr 4 2013, A BILL TO BE ENTITLED AN ACT TO SPECIFY THE TERM OF OFFICE FOR APPOINTED MEMBERS OF THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM BOARD, TO MAKE THE STATE INFORMATION OFFICER CHAIR OF THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM BOARD, TO SPECIFY THE TIMES FOR MEETING OF THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM BOARD, AND TO REQUIRE QUARTERLY REPORTING OF PROGRESS ON THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM.

A BILL TO BE ENTITLED AN ACT TO SPECIFY THE TERM OF OFFICE FOR APPOINTED MEMBERS OF THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM BOARD, TO MAKE THE STATE INFORMATION OFFICER CHAIR OF THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM BOARD, TO SPECIFY THE TIMES FOR MEETING OF THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM BOARD, AND TO REQUIRE QUARTERLY REPORTING OF PROGRESS ON THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Blackwell, Holloway, Johnson, Jordan.GS 116E
H 610 (SL 2013-83) (2013-2014) MODIFY REQUIREMENTS FOR IN-STAND BEER SALES. Filed Apr 8 2013, AN ACT TO REDUCE THE SEATING CAPACITY REQUIREMENT AND ELIMINATE THE POPULATION REQUIREMENT FOR IN-STAND SALES OF MALT BEVERAGES AND TO DIRECT THE ABC COMMISSION TO ADOPT RULES FOR THE SUSPENSION OF THE SALE OF ALCOHOLIC BEVERAGES DURING PROFESSIONAL SPORTING EVENTS.

AN ACT TO REDUCE THE SEATING CAPACITY REQUIREMENT AND ELIMINATE THE POPULATION REQUIREMENT FOR IN-STAND SALES OF MALT BEVERAGES AND TO DIRECT THE ABC COMMISSION TO ADOPT RULES FOR THE SUSPENSION OF THE SALE OF ALCOHOLIC BEVERAGES DURING PROFESSIONAL SPORTING EVENTS. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Hardister, Samuelson, L. Hall, Moffitt.GS 18B
H 687 (SL 2013-77) (2013-2014) HOMELESS SHELTERS/REMOVE AGE LIMITS. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE BUILDING CODE COUNCIL TO AMEND THE NC BUILDING CODE TO ALLOW OCCUPANTS YOUNGER THAN EIGHTEEN IN TEMPORARY OVERFLOW EMERGENCY SHELTERS FOR THE HOMELESS.

A BILL TO BE ENTITLED AN ACT TO REQUIRE THE BUILDING CODE COUNCIL TO AMEND THE NC BUILDING CODE TO ALLOW OCCUPANTS YOUNGER THAN EIGHTEEN IN TEMPORARY OVERFLOW EMERGENCY SHELTERS FOR THE HOMELESS. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Hardister, Hamilton.UNCODIFIED
H 710 (SL 2013-106) (2013-2014) WATER UTILITY RECOVERY. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO PERMIT WATER UTILITIES TO ADJUST RATES FOR CHANGES IN COSTS BASED ON THIRD-PARTY RATES AND TO AUTHORIZE THE UTILITIES COMMISSION TO APPROVE A RATE ADJUSTMENT MECHANISM FOR WATER AND SEWER UTILITIES TO RECOVER COSTS FOR WATER AND SEWER SYSTEM IMPROVEMENTS.

A BILL TO BE ENTITLED AN ACT TO PERMIT WATER UTILITIES TO ADJUST RATES FOR CHANGES IN COSTS BASED ON THIRD-PARTY RATES AND TO AUTHORIZE THE UTILITIES COMMISSION TO APPROVE A RATE ADJUSTMENT MECHANISM FOR WATER AND SEWER UTILITIES TO RECOVER COSTS FOR WATER AND SEWER SYSTEM IMPROVEMENTS. Enacted June 12, 2013. Effective June 12, 2013.

Intro. by Hager.GS 62
H 774 (SL 2013-75) (2013-2014) BUILDING CODE EXCLUSION/PRIMITIVE STRUCTURES. Filed Apr 10 2013, A BILL ENTITLED AN ACT TO EXEMPT CERTAIN PRIMITIVE STRUCTURES FROM THE BUILDING CODE

A BILL ENTITLED AN ACT TO EXEMPT CERTAIN PRIMITIVE STRUCTURES FROM THE BUILDING CODE. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Jordan, McGrady, Dollar. GS 143
H 788 (SL 2013-107) (2013-2014) WATER/SEWER AUTHORITY/RATE FLEXIBILITY. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE STATUTE GOVERNING THE POWERS OF WATER AND SEWER AUTHORITIES TO ALLOW THE AUTHORITY TO SET RATES FOR WATER RESOURCES STORAGE OR PROTECTION PROGRAMS.

A BILL TO BE ENTITLED AN ACT TO AMEND THE STATUTE GOVERNING THE POWERS OF WATER AND SEWER AUTHORITIES TO ALLOW THE AUTHORITY TO SET RATES FOR WATER RESOURCES STORAGE OR PROTECTION PROGRAMS. Enacted June 12, 2013. Effective June 12, 2013.

Intro. by Catlin, Hamilton.GS 162A
H 789 (SL 2013-108) (2013-2014) USTS ELIGIBLE FOR BROWNFIELDS. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT THE PRESENCE OF A SUBSTANCE RELEASED FROM AN UNDERGROUND STORAGE TANK DOES NOT DISQUALIFY A PROPERTY FROM PARTICIPATION IN THE NORTH CAROLINA BROWNFIELDS PROGRAM.

A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT THE PRESENCE OF A SUBSTANCE RELEASED FROM AN UNDERGROUND STORAGE TANK DOES NOT DISQUALIFY A PROPERTY FROM PARTICIPATION IN THE NORTH CAROLINA BROWNFIELDS PROGRAM. Enacted June 12, 2013. Effective July 1, 2013.

Intro. by Catlin.GS 130A
H 813 (SL 2013-109) (2013-2014) BAN SYNTHETIC CANNABINOIDS (NEW). Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO MAKE THE MANUFACTURE, POSSESSION, SALE, USE, AND DELIVERY OF ALL SYNTHETIC CANNABINOIDS UNLAWFUL.

A BILL TO BE ENTITLED AN ACT TO MAKE THE MANUFACTURE, POSSESSION, SALE, USE, AND DELIVERY OF ALL SYNTHETIC CANNABINOIDS UNLAWFUL. Enacted June 12, 2013. Effective July 1, 2013.

Intro. by Horn, Moffitt, Blust.GS 90
H 821 (SL 2013-84) (2013-2014) TRIAD FARMERS MKT/RENAME FOR SEN. BOB SHAW. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO NAME THE PIEDMONT TRIAD FARMERS MARKET IN MEMORY OF SENATOR ROBERT G. SHAW.

A BILL TO BE ENTITLED AN ACT TO NAME THE PIEDMONT TRIAD FARMERS MARKET IN MEMORY OF SENATOR ROBERT G. SHAW. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Blust.Guilford, UNCODIFIED
H 829 (SL 2013-76) (2013-2014) SALE OF GROWLERS BY CERTAIN ABC PERMITTEES. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW CERTAIN ABC PERMITTEES TO SELL MALT BEVERAGES IN CERTAIN CONTAINERS FOR CONSUMPTION OFF THE PERMITTED PREMISES.

A BILL TO BE ENTITLED AN ACT TO ALLOW CERTAIN ABC PERMITTEES TO SELL MALT BEVERAGES IN CERTAIN CONTAINERS FOR CONSUMPTION OFF THE PERMITTED PREMISES. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by McGrady, Bryan, Moffitt, L. Hall.GS 18B
H 868 (2013-2014) RESID. SCHOOL CHANGES. Filed Apr 11 2013, A BILL TO BE ENTITLED AN ACT TO REPEAL UNNECESSARY STATUTES, MAKE CONFORMING CHANGES TO THE GENERAL STATUTES, AND CLARIFY OPERATION AND OVERSIGHT OF CERTAIN RESIDENTIAL SCHOOLS FORMERLY GOVERNED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.

Senate committee substitute makes the following changes to the 1st edition.

Repeals GS 115C-383 regarding school attendance of deaf and sight-impaired children. Also repeals Part 9A, State School for Sight-Impaired Children, of Article 3 of GS Chapter 143B.

Changes the title of new Article 9C in GS Chapter 115C to Schools for Students with Visual and Hearing Impairments (was, Residential Schools for Visually Impaired and Hearing Impaired Students). Makes the Department of Public Instruction (DPI)responsible for the administration and oversight of schools governed under new Article 9C (was, designated the State Board of Education as responsible for administration and oversight as well as the sole governing agency for these schools).

Clarifies that except as may be otherwise provided, the requirements of GS Chapter 115C apply to the schools governed by Article 9C (the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf). Limits free tuition, room, and board at a school governed under Article 9C to children who are residents of North Carolina.

Makes conforming changes to GS 143B-138.1(b). Amends GS 143B-146.1(b) to add a definition for residential school as a school operated by the Department of Health and Human Services (DHHS) that provides residential services to students. Excludes schools operated under new Article 9C of GS Chapter 115C from this definition of residential school for the purposes of this Part. Makes a conforming change to the definition for a participating school.

Provides that unless they are inconsistent with the provisions of Article 9C of GS Chapter 115C, the rules governing the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf and adopted under former Part 9A or Part 30 of Article 3 of GS Chapter 143B, or any other provisions of Chapter 143B prior to amendment by this act, remain in effect until they are superseded by rules adopted under Article 9C of GS Chapter 115C as enacted by Section 2 of this act.

Provides that notwithstanding GS 143C-6-4, DPI may reorganize staffing of the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf to meet needed functions (was, authorized the State Board of education to make any needed organizational changes).

Provides that DHHS may enter into a memorandum of understanding with DPI for DPI to assume responsibility for information technology support and repair and maintenance of grounds and facilities for the schools governed under Article 9C of GS Chapter 115C.

Directs DPI to study and develop recommendations on educational options, including residential services, for students with visual and hearing impairments. Requires DPI to report its findings and recommendations to the Joint Legislative Education Oversight Committee (Committee)on or before January 1, 2014.

Before the initial adoption of therules required by Section 2 of this act,directsDPI and the State Board of Education to present a draft of the proposed rules to the Committee on or before January 1, 2014.

Intro. by Farmer-Butterfield, Tolson.GS 115C, GS 143B
H 903 (SL 2013-72) (2013-2014) UNC & COMM. COLLEGE CREDIT TRANSFERS. Filed Apr 11 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE ALL CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA TO FULLY ADHERE TO THE COMPREHENSIVE ARTICULATION AGREEMENT WITH THE NORTH CAROLINA COMMUNITY COLLEGE SYSTEM REGARDING THE TRANSFER OF COURSES AND ACADEMIC CREDITS BETWEEN THE TWO SYSTEMS AND THE ADMISSION OF TRANSFER STUDENTS AND TO DIRECT THE UNIVERSITY OF NORTH CAROLINA AND THE NORTH CAROLINA COMMUNITY COLLEGE SYSTEM TO REPORT BIANNUALLY REGARDING THE AGREEMENT TO THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE.

A BILL TO BE ENTITLED AN ACT TO REQUIRE ALL CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA TO FULLY ADHERE TO THE COMPREHENSIVE ARTICULATION AGREEMENT WITH THE NORTH CAROLINA COMMUNITY COLLEGE SYSTEM REGARDING THE TRANSFER OF COURSES AND ACADEMIC CREDITS BETWEEN THE TWO SYSTEMS AND THE ADMISSION OF TRANSFER STUDENTS AND TO DIRECT THE UNIVERSITY OF NORTH CAROLINA AND THE NORTH CAROLINA COMMUNITY COLLEGE SYSTEM TO REPORT BIANNUALLY REGARDING THE AGREEMENT TO THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Johnson. GS 116
H 951 (2013-2014) ELIMINATE TAX DESIGNATION FOR POLITICAL PARTY. Filed Apr 16 2013, A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE DESIGNATION ON A TAX RETURN BY AN INDIVIDUAL FOR THE NORTH CAROLINA POLITICAL PARTIES FINANCING FUND.

House Committee substitute makes the following changes to the effective dates in the 1st edition.

Makes the repeal of G.S. 105-159.1 (designation of tax by individual to a political party) effective for taxable years beginning on or after January 1, 2013. Any designations made under that law on or after January 1, 2014, are void.

Makes the repeal of Article 22B of Chapter 163 (appropriations from the North Carolina Political Parties Financing Fund) effective upon exhaustion of the funds.

Except as otherwise described above, the act is effective when it becomes law.

 

Intro. by Riddell, Whitmire, Burr, Brody. GS 105, GS 163
H 998 (2013-2014) TAX SIMPLIFICATION AND REDUCTION ACT (NEW) Filed Apr 17 2013, A BILL TO BE ENTITLED AN ACT TO SIMPLIFY THE NORTH CAROLINA TAX STRUCTURE AND TO REDUCE INDIVIDUAL AND BUSINESS TAX RATES.

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

Changes the long title.

Deletes Part I, General Findings and Intent, from the previous edition.

Part I, Individual Income Tax Changes (new)

Recodifies numerous statutes.

Current Statute            Recodified Statute

GS 105-133               GS 105-153.1

GS 105-134               GS 105-153.2

GS 105-134.1            GS 105-153.3

GS 105-134.5            GS 105-153.4

GS 105-151               GS 105-153.9

GS 105-151.24           GS 105-153.10

GS 105-152               GS 105-153.8

The following statutes are repealed:

GS 105-134.2,   Individual income tax imposed.

GS 105-134.3,  Year of assessment.

GS 105-134.6,  (Effective for taxable years beginning before January 1, 2012) Adjustments to taxable income.

GS 105-134.7,  Transitional adjustments.

GS 105-134.8,  Inventory.

GS 105-151.1 and GS 105-130.22, Tax credit for construction of dwelling units for handicapped persons.

GS 105-151.11,  Credit for child care and certain employment-related expenses.

GS 105-151.12 and GS 105-130.34, Credit for certain real property donations.

GS 105-151.13 and GS 105-130.36, Credit for conservation tillage equipment.

GS 105-151.14 and GS 105-130.37, Credit for gleaned crop.

GS 105-151.18, Credit for the disabled.

GS 105-151.20, Credit or partial refund for tax paid on certain federal retirement benefits.

GS 105-151.21, Credit for property taxes paid on farm machinery.

GS 105-151.25 and GS 105-130.44, Credit for construction of a poultry composting facility.

GS 105-151.26,  (Effective for taxable years beginning before January 1, 2012) Credit for charitable contributions by nonitemizers.

GS 105-151.33, Education expenses credit.

Amends GS 105-134.1, recodified by this act at GS 105-153.3 (Definitions), deleting the term and definition for retirement benefits.

Amends GS Chapter 105 by creating a new section GS 105-153.5 (Modifications to adjusted gross income), providing that in calculating NC taxable income, a taxpayer must deduct any of eight items that are included in the taxpayer's adjusted gross income, including amounts received from retirement annuities or pensions paid under the provisions of the Railroad Retirement Act of 1937 or the amount received during the taxable year from one or more state, local, or federal government retirement plans to the extent the amount is exempt from tax.

Specifies five items that taxpayers must add to their adjusted gross income if not already included, including (1) the amount excluded from gross income under section 199 of the Code; (2) interest on the obligations of other states, political subdivisions of those states, or agencies; (3) the amount required to be added under GS 105-153.6 when the state decouples from federal accelerated depreciation and expensing.

Creates new GS 105-153.7 (Individual income tax imposed), establishing that a tax is charged for each taxable year on the NC taxable income of an individual. The tax is 5.4% of NC taxable income that exceeds the zero tax brackets for the taxpayer's filing status. Includes a table demonstrating the zero tax brackets, (pg. 5 of bill), for all filing statuses. Specifies the Secretary of Revenue (Secretary) can provide tables that compute amount of tax due for a taxable year under this section.  Tables will not apply to individuals filing a return under section 443(a)(1) of the Code for a period of less than 12 months, due to accounting periods, estates, or trusts.

Provides Section 1.1 will become effective for taxable years beginning on or after January 1, 2014.

Amends GS 105-153.7(a), providing that the individual income tax will be 5.25%, effective for taxable years beginning on or after January 1, 2015.

Amends GS 105-153.8 (Income tax returns) (previously G.S. 105-152), making technical, conforming, and clarifying changes. Provides that anyone whose taxable income exceeds the zero tax brackets must file an income tax return.  Clarifies that nonresidents who have received gross income from NC sources, including gambling, are required to file a return for the taxable year under the Code.

Provides that if a taxpayer is deceased or unable to file a return, an authorized agent or guardian must file the return.  If the taxpayer has died before making the return, the administrator or executor of the estate must file the return and any tax due is payable by the estate. Replaces "taxable income" with "adjusted gross income" and all instances of "shall" with "must."

Amends GS 105-153.9 (Tax Credits for income taxes paid to other states by individuals) (previously, GS 105-151), making conforming and technical changes. Amends GS 105-153.9(a)(2), to read The fraction of the adjusted gross income as modified in GS 105-153.5 (previously, The fraction of the gross income, as calculated under the Code and adjusted as provided in GS 105-134.6 and GS 105-134.7). Provides that the changes to the above two sections become effective for taxable years beginning on or after January 1, 2014.

Updates statutory references in GS 105-131.2, GS 105-131.5, GS 105-131.7, GS 105-131.8, and GS 105-154. Makes clarifying changes. Amends GS 105-163.1 to update statutory references and remove the amount of severance wages paid to an employee during the taxable year that are exempt from state income tax for that year to those items excluded from the definition of wages. Amends GS 105-163.22 to update statutory references.  Amends GS 105-309(d) to delete the requirement that personal property be listed to indicate which property is subject to a tax credit under GS 105-151.21 (Credit for property tax paid on farm machinery). Repeals GS 105-320(a)(16), which removes the requirement that a tax receipt form show the total assessed value of farm machinery, attachments, and repair parts of individual owners and S corporations engaged in farming subject to the income tax credit in GS 105‑151.21 and the amount of ad valorem taxes due on farm machinery, attachments, and repair parts subject to that credit. Amends GS 110-130.1(a) to update the definition of the term Code. Provides that the above changes are effective January 1, 2014.

Amends GS 105-277.3(d1) to provide that property that is appraised at its present use value will continue to qualify for appraisal, assessment, and taxation as provided in specified statutes, as long as the property is subject to a conservation easement that meets the property eligibility requirements under GS 113A-232. Amends GS 113-77.9 to remove references to GS 105-151.12 and GS 130.34. Amends GS 113A-231, GS 113A-232, and GS 113A-233 to remove references to the conservation tax credits. Further amends GS 113A-232 to add to the eligibility requirements for the Conservation Grant Fund that the property must be (1) useful for one or more of seven specified purposes including public beach access or use, forestland or farmland conservation, or watershed protections or (2) donated in perpetuity to and accepted by the state or a local government or a body that is organized to receive and administer lands for conservation purposes and qualified to receive charitable contributions (disqualifies land required to be dedicated under local government regulation or ordinance and dedications made to increase building density levels).  Repeals GS 113A-256(g), deleting the power of the Clean Water Management trustees to determine whether land donated for a tax credit under specified statutes may be certified for a tax credit. The above changes are effective January 1, 2014.

Deletes Part II, Simple Flat Tax Rate for Individual Income Tax, included in the previous edition. Also deletes changes made to GS 105-134.2, Individual income tax imposed; GS 105-134.6, Modifications to adjusted gross income; GS 105-151.24(a), concerning child tax credits; and GS 105-160.2, Imposition of tax.

Part II, Phased Elimination of the Corporate Income Tax

Amends GS 105-130.3 (Corporations), reducing the tax imposed on the state net income of a C Corporation doing business in North Carolina over a three year span, beginning in 2014. The rate in 2014 is 6%, decreasing over time to 2% for years after 2016.  Effective for taxable years beginning on or after January 1, 2014.

Repeals GS 105, Article 4, Part 1, Corporation Income Tax; GS 105, Article 3C, Tax Incentives for Recycling Facilities; and Article 3K, Tax Incentives for Railroad Intermodal Facilities.

Changes the effective date for changes made to GS 115C-546.1, Creation of Fund; administration, and the repeal of GS 115C-546.2(a) to becoming effective when it becomes law (was, April 1, 2014, for distributions for collections for quarters beginning on or after that date).

Part III, Business Privilege Tax on Corporations, LLCs, and Other Limited Liability Entities (was, Reduce Corporate Income and Franchise Tax Rates)

Establishes a privilege tax on business entities for the privilege of doing business in North Carolina in an organizational form that gives limited liability to one or more owners. Payment of the tax is a condition precedent of doing business in North Carolina. Establishes that each owner of a non-corporate business entity doing business in North Carolina is considered to be doing business in North Carolina. Establishes that the tax imposed will be $400 for Income Year 2015, $600 for 2016, and $750 for any year after 2016. Establishes when taxes and returns are due. Provides for an extension of time to file tax returns.  Also states that the president, vice president, treasurer, or chief financial officer must sign the tax return. Provides that the income year of a business entity is the calendar year or fiscal year upon which the basis of the net income is computed for federal income tax purposes. Includes terms and definitions for use in this Article, including business entity, C Corporation, Code, Person, S Corporation, and Secretary. Provides that certain entities are exempt from the privilege tax, including (1) a business entity exempt from federal income tax under section 501 of the Code and (2) an insurance company subject to tax under Article 8B of this Chapter. The above changes are effective for taxable years beginning on or after January 1, 2015, and apply to taxes due in that year or a subsequent year.

Amends GS 105-129.100(b), providing that the tax for a C Corporation will be $5,000, with the tax for all other business entities set at $750 (previously, the tax was $400 in 2014, $600 in 2015, and $750 after 2015). Amends GS 105-129.101, changing the definition for business entity, establishing, among other types, a domestic corporation organized under GS 55 or a foreign corporation with a certificate of authority, an electric membership corporation organized under GS 117, or any other business whose form provides limited liability to one or more of its owners is considered a business entity. Provides that the above changes become effective for taxable years beginning on or after January 1, 2018, and apply to taxes due in that year or a subsequent year.

Deletes previous changes made to GS 105-130.3, concerning taxes on corporations. Deletes the new section, GS 105-130.5, adjustments to federal taxable income, and GS 105-130B, concerning adjustments to taxes when the state decouples (included as a new section in the previous edition). Also deletes changes made to GS 105-129.42(a), GS 105-129.42(b), and the repeal of GS 105-129.45, all provided for in Part III of the previous edition.

Part IV, Phased Elimination of the Franchise Tax (was, Expand Sales Tax Base to Include Services Commonly Taxed in Other States)

Repeals GS 105-114(a), concerning the nature of the tax imposed by that section, and GS 105-122.1, Credit for additional annual report fees by LLCs. Amends GS 105-125(a), adding S corporations subject to the privilege license tax to the list of corporations exempt from the franchise tax.  Changes above are effective for taxable years beginning on or after January 1, 2015, and apply to taxes due in that year or a subsequent year.

Amends GS 105-122, concerning the calculation of the franchise or privilege tax on domestic and foreign corporations, to set the rate of the franchise or privilege tax required of every corporation taxed under this section, establishing that the rate set is an amount per $1,000 of the total amount of capital stock, surplus, and undivided profits. The amount for 2015 is $1.20 per $1,000 for 2015, $0.90 per $1,000 for 2016, and $0.60 per $1,000 for 2017. Sets a minimum tax due for each year. Makes conforming changes to GS 105-122(d). Effective for taxable years beginning on or after January 1, 2015.

Repeals GS 105, Article 3, Franchise tax, effective January 1, 2018.

Deletes changes made to GS 105-467(b), GS 105-164.13, GS 160A-211 and deletes the previously added new subsections GS 105-164.4, GS 105-164.3(1c), GS 105-164.4(a)(11), and GS 105-164.13(61) and (62).

Deletes the repeal of GS 105-164.13(13c), GS 105-164.13D, GS 105-37.1, GS 105-38.1, GS 105-40, and GS 105-164.13(49).

Part V, Eliminate Annual Report Filing Fees

Amends GS 55-1-22 (Filing, service, and copying fees), deleting references to an annual paper or electronic report in lieu of specifying just an annual report with no fee to submit the report (was, $25 for paper report and $18 for electronic report). Deletes reference to the fee for annual reports being nonrefundable. Amends GS 55-16-22 (Annual report), reorganizing the majority of language through GS 55-16-22(d), providing clarifying language that simplifies and specifies exactly which types of business entities must submit annual reports and the information that must be included in each annual report.  Establishes a firm due date for annual reports, the 15th day of the 4th month following the close of the entity's fiscal year.  Clarifies the requirements and expectations in cases where the Secretary deems an annual report to be incomplete.  Deletes GS 55-16-22(e-h).  Makes technical and conforming changes.

Amends GS 57C-1-22(a)(25),  GS 59-35.2(a)(18), GS 59-1106(a)(22), changing the associated fees for the required annual reports of these sections to "No fee."

Repeals GS 105-122.1 (Credit for additional annual report fees paid by limited liability companies subject to franchise tax).

Amends GS 105-228.90(a), making technical and conforming changes.

Repeals GS 105-256.1 (Secretary and deputies to administer oath).

Amends GS 105-259(a), making technical and conforming changes.

Effective January 1, 2015. Subsection (f) repealing GS 105-122.1 of this section applies to returns due on or after April 15, 2015, for taxable years beginning on or after January 1, 2015. The remaining sections apply to annual reports due on or after January 1, 2015.

Part VI, Eliminate Archaic State and Local Privilege License Taxes

Repeals GS 105, Article 2, Privilege Taxes, effective January 1, 2018, and applies as follows:

(1) For taxes payable under G.S. 105-41, 105-88, or 105-102.3, the section applies to taxes imposed under those statutes for taxable years beginning on or after July 1, 2018. 

(2) For taxes payable under G.S. 105-102.6, the section applies to taxes due on or after January 31, 2018. 

(3) For taxes payable under G.S. 105-83, the section applies to obligations dealt in, bought, or discounted on or after January 1, 2018.

Amends GS 153A-152, deleting a county's general authority to impose privilege license taxes on certain trades, occupations, professions, businesses, and franchises . Prohibits a county from levying a privilege tax on any of those entities carrying out business in that county unless a statute or an act of the General Assembly authorizes the county to do so. Amends GS 160A-211, deleting a city's general authority to impose privilege license taxes on certain trades, occupations, professions, businesses, and franchises. Prohibits a city from levying a privilege tax on any of those entities carrying out business in that city unless a statute or an act of the General Assembly authorizes the city to do so. Effective January 1, 2018, and applies to taxes imposed for fiscal years beginning on or after that date.

Repeals GS 93-12(12) (requiring the Secretary of Revenue to submit the names of persons who have qualified under this Chapter as certified public accountants and providing that a privilege license issued under GS 105‑41 designates whether it was issued to a certified public accountant or an accountant) and GS 105-259(b)(4) (allowing the disclosing to a governmental agency or an officer of an organized association of taxpayers a list of taxpayers who have paid a privilege license tax). Amends GS 53-165 to make clarifying and technical corrections to the definitions.  Adds a definition of installment paper dealer and amends the definition of loanable assets to mean cash, bank deposits, installment loans, or any combination. Expands the definition of person to also include a group acting as a unit. Amends GS 53-172 to provide that the business of making loans includes acting as an installment paper dealer and collecting a loan made by a government regulated lender. Makes conforming changes.  Amends GS 53-191 to make conforming and technical changes. Amends GS 95-47.2 to amend the reasons for denying a license for operating a private personnel service when the employment agency will be operating on the same premises as specified businesses to include, in addition to a collection agency, a business making loans and taking an assignment of wages as security or any other type of security (was, a loan agency as defined in GS 105-88), a check cashing business, and a pawnbroker business. Amends GS 105-130A.6A to remove the reference to the privilege tax. These changes are effective July 1, 2018.

Part VII, Electricity and Piped Natural Gas Tax Changes

Modifies the definition for electric power holding company in GS 105-130.6A to mean a holding company with an affiliate or a subsidiary that is engaged in the business of producing electric power (was, that is subject to the franchise tax on electric power companies levied in GS 105-116).

Amends GS 160A-211 to provide that certain businesses identified as exempt from a city's license, franchise, or privilege tax (1) are subject to a state tax at the combined general rate for which the city receives a share of the tax revenue or (2) are subject to the local sales tax. Authorizes a city to continue to impose and collect the license, franchise, or privilege taxes on an electric power company that the city imposed and collected before January 1, 1947. Prohibits a city from imposing or collecting any greater franchise, privilege, or license taxes that are greater in the aggregate than the taxes imposed or collected on or before January 1, 1947. Effective July 1, 2014, unless otherwise indicated.

Amends GS 105-164.44K, Distribution of part of tax on electricity to cities, defining the franchise tax share as the quarterly franchise tax share of a city is the amount of electricity gross receipts franchise tax distributed to the city under repealed GS 105-115.1 for the same related quarter that was the last quarter in which taxes were imposed on electric power companies under repealed GS 105-116. Deletes language concerned with the recalculation of the franchise tax share of a city every five years.

Amends GS 105-164.44L, providing that the quarterly excise tax share of a city that is not a gas city is the amount of piped natural gas excise tax distributed to the city under repealed GS 105-187.44 for the same related quarter that was the last quarter in which taxes were imposed on  piped natural gas. Adds language that the Secretary must determine the excise tax share of a gas city and divide that amount by four to calculate the quarterly distribution amount for a gas city.

Part VIII, Eliminate Sales Tax Special Exemptions

Repeals the following subdivisions of GS 105-164.13 to delete the exemptions for certain property and services: (13c), nutritional supplements sold by a chiropractor to patients as a part of treatment; (27), meals and food products served to students in dining rooms regularly operated by state or private educational institutions or student organizations; (27a), bread, rolls, and buns sold at a bakery thrift store; (28), sales of newspapers by street vendors, door-to-door carriers, and vending machines; and (50) 50% of the sales price of tangible property, other than tobacco, sold through a coin-operated vending machine. Also repeals GS 105-164.13C (sales and use tax holiday) and GS 105-164.13D (sales and use tax holiday for Energy Star-qualified products). Effective July 1, 2014.

Repeals the following statutes under Article 2 (Privilege Tax) of The Revenue Act (Subchapter I of GS Chapter 105) having to do with admissions, ticket sales, and licensing: GS 105-37.1, 105-38.1, and 105-40. Amends GS 105-164.4 to apply the 4.75% privilege tax on admission charges to the following entertainment activities: a live performance or other live event; a movie; and a museum, cultural site, garden, exhibit, show, or similar attraction or a guided tour at any of these attractions. Provides that an admission charge includes a charge for a single ticket, a multi-occasion ticket, a seasonal pass, an annual pass, and a cover charge, but does not include a charge for amenities. Includes provisions concerning the resale of a ticket. Amends GS 105-164.13 to exempt the admission charges to the following recreational or entertainment activities from sales tax: a school-sponsored event held at an elementary or secondary school; a commercial agricultural fair meeting the requirements of GS 106-520.1; a festival or recreational entertainment activity sponsored by a nonprofit that lasts no more than seven days where the proceeds are used for the entity's nonprofit purposes; and a youth athletic contest sponsored by a nonprofit. Repeals the following statutes: GS 106-507 (exempting county societies from state and local taxes on exhibits, shows, attractions, and amusements), GS 106-516 through GS 106-520 (related to licensing and permits for agricultural fair vendors and exhibitors and carnival permits), GS 140-10.1 (exempting the North Carolina Symphony Society from all privilege license and gross receipts taxes), and GS 105-164.9 (prohibiting a retailer from offering to absorb the sales tax). Amends GS 105-164.10 to remove provisions concerning rate tables for the general rate, preferential rate, and combined state and local rates, requiring instead that the a separate table be issued for each rate of tax that may apply to a sale. Effective October 1, 2013, and applies to admissions purchased on or after that date. The tax applies to the initial sale or resale of tickets occurring on or after that date for admissions to a live event; receipts received on or after October 1, 2013, for admission to a live event for which the initial sale of tickets occurred before that date are taxable under GS 105-37.1.

Repeals GS 105-164.14(c) regarding refunds of sales and use tax on specified purchases to certain governmental entities. Amends GS 105-164.14(b) to provide that the aggregate annual refund amount allowed for a nonprofit under the subsection (concerning nonprofits and hospital drugs) for a fiscal year may not exceed $7.5 million beginning July 1, 2014; $5 million beginning July 1, 2015, $1million beginning on or after July 1, 2016, and $100,000 beginning on or after July 1, 2017. Amends (d) to bar refunds applied for more than one year (was, three years) after the due date. Amends GS 105-467(b) to provide that the state exemptions and exclusions in GS 105-164.13 apply to the local sales and use tax authorized to be levied and imposed under the Article. Adds that the refund provisions in GS 105-164.14 through GS 105-164.14B apply to the local sales tax authorized to be levied and imposed under the Article. Limits the aggregate local refund amount to a nonprofit for a fiscal year to $2.25 million beginning July 1, 2014; $1.5 million beginning July 1, 2015; $300,000 beginning on or after July 1, 2016, and $30,000 beginning on or after July 1, 2017. Also amends the statute to bar refunds applied for more than one year (was, three years) after the due date. Applies to purchases made on or after July 1, 2014.

Amends GS 105-164.4 to apply the 4.75% privilege tax rate on the sales price of manufactured homes sold at retail (was, 2%) and deletes the $300 tax cap as well as the provision making each section of a manufactured home that is transported separately to a site where it is to be erected as a separate article. Also applies the 4.75% privilege tax rate to the sales price of each modular home sold at retail (was, 2%). Repeals GS 105-164.44G requiring distribution of part of the tax on modular homes to the county of residence. Amends GS 105-467 to provide that the sales tax does not apply to manufactured homes or modular homes. Effective October 1, 2014, and applies to sales made on or after that date.

Part IX, Eliminate Sales Tax on Food and Authorize Counties to Levy a Local Sales Tax on Food

Amends GS 105-483  and GS 105-498 to provide that a tax under Article 40 (First One-Half Cent (1/2¢) Local Government Sales and Use Tax) or Article 42 (Second One-Half Cent (1/2¢) Local Government Sales and Use Tax) does not apply to the sales price of food that is exempt from tax under GS 105-164.13B or to the sales price of a bundled transaction taxable under GS 105-467(a)(5a). Effective November 1, 2014, and applies to sales made on or after that date. Amends GS 105-164.13 to exempt food from the tax, but does not exempt dietary supplements, food sold in a vending machine, prepared food, soft drinks, and candy. Repeals GS 105-164.13B, amends GS 105-467(a), and amends GS 105-469(a) to repeal the local sales tax on food. Effective November 1, 2014, and applies to sales made on or after that date.

 

Enacts new Article 47, Local Government Sales and Use Tax on Food. Allows a county board of commissioners to levy local sales and use taxes on food by resolution, only if a majority of those voting in a referendum vote to approve the levy. Also allows the board, if no election has been held within five years where the tax was defeated, to impose and levy the tax on food, after at least 10 days' public notice and a public hearing, to the same extent and with the same effect as if the levy had been approved in an election. Sets the rate of the local sales and use tax on food as the sum of the rates of the local sales and use taxes authorized and levied by the county. Requires the Secretary of Revenue to divide and distribute the funds between the county and the cities located in the county. Prohibits a city from receiving funds if it was incorporated with an effective date of on or after January 1, 2000, and is disqualified from receiving funds under GS 136-41.2. Prohibits cities from receiving funds  if incorporated on or after January 1, 2000, unless a majority of the mileage of its streets are open to the public. Effective January 1, 2015.

Part X, Sales Tax Preferences for Farmers

Enacts new GS 105-164.13E to exempt specified personal property, digital property, and services from the sales and use tax if they are puchased by a farmer and used for farming. A farmer qualifies if the farmer has an annual gross income of $10,000 or more from farming operations for the preceding calendar year. Defines farmer for the purposes of the statute. Exempted items include fuel and electricity; farm machinery, attachment and repair parts for farm machinery and lubricants applied to farm machinery; and specified tobacco items. Repeals GS 105-164.13(1), (1b), (2a), (4a), and (4d), which are exemptions incorporated into the new GS 105-163.13E. Effective July 1, 2014, and applies to sales made on or after that date.

Part XI, Phased Elimination of Various Sales Tax Exemptions and Refunds

Enacts new GS 105-164.14C to set out a schedule for the refund amount allowed, which is a percentage of sales and use taxes paid during the fiscal year, whereby the percentage is decreased from 75% to 25% from 2014 through 2016. Allows an annual refund of sales and use taxes for famers  who purchase specified items and who qualify for a sales tax exemption under GS 105-164.14E, persons engaged in commercial logging on specified items, wood chippers meeting specified requirements, specified packaging items, telephone companies, radio or television companies, cable service providers, individuals involved in activities related to commercial fishing, commercial laundries and dry cleaners, commercial printers and publishers, railroad companies, and passenger air carries meeting specified requirements and purchasing specified items. Makes a conforming change by deleting the following existing exemptions and refunds that are now included in new GS 105-164.14C: GS 105-164.13 (1a), (4c), (4f), (4g), (5b), (5c), (5d), (9), (10), (11), (23a), and (39). Amends GS 105-467(b) to provide that the amount of a refund allowed under GS 105-164.14C is the same percentage as allowed for a state refund under the statute. Effective July 1, 2014, and applies to sales and purchases made on or after that date. Repeals these changes and the new statute effective July 1, 2017.

Part XII, Eliminate Estate Tax

Repeals GS Chapter 105, Article 1A (estate taxes), and makes conforming changes to GS 105-241.10 and GS 105-236(a)(5). Effective January 1, 2013, and applies to the estates of decedents dying on or after that date.

Part XIII, Deed Stamp Tax Proceeds Credited to General Fund

Amends GS 105-228.30(b) to require the Department of Revenue to credit the proceeds of the deed stamp tax to the General Fund (was, specified amounts were to go to the Parks and Recreation Trust Fund and the Natural Heritage Trust Fund). Amends GS 113-44.15 to make conforming changes to the Parks and Recreation Trust Fund. Amends GS 114-77.9 to make conforming changes to the Natural Heritage Trust Fund. Effective July 1, 2013, and applies to transfers made on or after that date.

Part XIV, Scrap Tire Disposal Tax Proceeds Credited to General Fund

Amends GS 105-187.19(b) to require that 30% of the scrap tire disposal tax proceeds be credited to the General Fund insstead of to the Solid Waste Management Trust Fund, the Scrap Tire Disposal Account, the Inactive Hazardous Sites Cleanup Fund, and to the Bernard Allen Memorial Emergency Drinking Water Fund. Repeals GS 130A-309.63 (Scrap Tire Disposal Account). Enacts new GS 130A-309.64 to allow the Department of Environment and Natural Resources (Department) to make grants to lcoal governments to assist in disposing of scrap tires. Sets out critera that must be included in selecting among grant applicants. Specifies local government eligibility requirements. Allows the Deparment to clean up scrap tire collection sites that are determined to be a nuisance. Sets out reporting requirements. Amends GS 130A-309.06(c) and GS 130A-309.09C(g) to make conforming changes. Requires any tax proceeds remaining in the Scrap Tire Disposal Account as of the effective date of the section must continue to be used for the same purpose and in the same manner as the Account, except the funds in the Account cannot be used for grants to encourage the use of processed scrap tire materials. Effective July 1, 2013.

Part XV, Repeal Tobacco Discount

Repeals GS 105-113.21(a1) (distributor discount) and GS 105-113.39(a) (wholesaler or retailer discount), concerning a 2% discount received for filing a timely report and payment under GS 105-113.18. Makes technical changes. Changes effective July 1, 2014 and applies to returns filed for periods beginning on or after that date.

 

 

 

 

 

Intro. by Lewis, Setzer, Moffitt, Szoka. GS 105, GS 115C, GS 53, GS 55, GS 57C, GS 59, GS 93, GS 95, GS 106, GS 110, GS 113, GS 113A, GS 130A, GS 140, GS 153A, GS 159B, GS 160A

The Daily Bulletin: 2013-06-13

PUBLIC/SENATE BILLS
S 129 (SL 2013-78) (2013-2014) LIMIT STATE FACILITIES FINANCE ACT DEBT. Filed Feb 25 2013, A BILL TO BE ENTITLED AN ACT TO PROHIBIT ISSUANCE OF DEBT UNDER THE STATE CAPITAL FACILITIES FINANCE ACT.

A BILL TO BE ENTITLED AN ACT TO PROHIBIT ISSUANCE OF DEBT UNDER THE STATE CAPITAL FACILITIES FINANCE ACT. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Tucker.GS 142
S 208 (SL 2013-85) (2013-2014) EFFECTIVE OPERATION OF 1915(B)/(C) WAIVER. Filed Mar 6 2013, A BILL TO BE ENTITLED AN ACT TO ENSURE EFFECTIVE STATEWIDE OPERATION OF THE 1915 (B)/(C) MEDICAID WAIVER.

A BILL TO BE ENTITLED AN ACT TO ENSURE EFFECTIVE STATEWIDE OPERATION OF THE 1915 (B)/(C) MEDICAID WAIVER. Enacted June 12, 2013. Section 4(a) of this act becomes effective January 1, 2014. The remainder is effective June 12, 2013.

 

 

Intro. by Tucker, Barringer.GS 122C, GS 150B
S 210 (SL 2013-89) (2013-2014) AUTHORIZE CHIEF MAGISTRATES. Filed Mar 6 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE APPOINTMENT OF CHIEF MAGISTRATES.

A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE APPOINTMENT OF CHIEF MAGISTRATES. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Parmon, Brunstetter.GS 7A
S 252 (SL 2013-90) (2013-2014) INCREASE PENALTY/CONTROLLED SUBSTANCE CRIMES. Filed Mar 11 2013, A BILL TO BE ENTITLED AN ACT TO INCREASE THE CRIMINAL PENALTY FOR CERTAIN VIOLATIONS OF THE CONTROLLED SUBSTANCES ACT.

A BILL TO BE ENTITLED AN ACT TO INCREASE THE CRIMINAL PENALTY FOR CERTAIN VIOLATIONS OF THE CONTROLLED SUBSTANCES ACT. Enacted June 12, 2014. Effective December 1, 2013.

 

 

Intro. by J. Davis.GS 90
S 279 (SL 2013-91) (2013-2014) ESTATES/TRUSTS/GUARDIANSHIP AMENDMENTS. Filed Mar 12 2013, A BILL TO BE ENTITLED AN ACT TO UPDATE AND CLARIFY PROVISIONS OF THE LAWS GOVERNING ESTATES, TRUSTS, GUARDIANSHIPS, POWERS OF ATTORNEY, AND OTHER FIDUCIARIES.

A BILL TO BE ENTITLED AN ACT TO UPDATE AND CLARIFY PROVISIONS OF THE LAWS GOVERNING ESTATES, TRUSTS, GUARDIANSHIPS, POWERS OF ATTORNEY, AND OTHER FIDUCIARIES. Enacted June 12, 2013. Section 1(d) is effective October 1, 2013. The remainder is effective June 12, 2013. Section 3(a) applies to all inherited individual retirement accounts without regard to the date an account was created.

 

 

Intro. by Hartsell, Barringer.GS 1C, GS 28A, GS 30, GS 31, GS 32, GS 35A, GS 36C, GS 78C
S 433 (SL 2013-92) (2013-2014) PREVENT PAY FOR WEIGHT EXCEEDING ALLOWANCE. Filed Mar 26 2013, A BILL TO BE ENTITLED AN ACT TO PREVENT CERTAIN PROPERTY-CARRYING VEHICLES FROM PAYING FOR A DECLARED WEIGHT THAT EXCEEDS THE STATUTORY ALLOWANCE.

A BILL TO BE ENTITLED AN ACT TO PREVENT CERTAIN PROPERTY-CARRYING VEHICLES FROM PAYING FOR A DECLARED WEIGHT THAT EXCEEDS THE STATUTORY ALLOWANCE. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Rabon.GS 20
S 460 (SL 2013-86) (2013-2014) RAIL CORRIDOR LEASE/CITY OF BELMONT (NEW). Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE CITY OF BELMONT MAY LEASE FROM THE DEPARTMENT OF TRANSPORTATION THE DEPARTMENT'S INTEREST IN A PORTION OF THE PIEDMONT AND NORTHERN RAIL CORRIDOR WITHIN THE LIMITS OF THE TOWN OF BELMONT.

A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE CITY OF BELMONT MAY LEASE FROM THE DEPARTMENT OF TRANSPORTATION THE DEPARTMENT'S INTEREST IN A PORTION OF THE PIEDMONT AND NORTHERN RAIL CORRIDOR WITHIN THE LIMITS OF THE TOWN OF BELMONT. Enacted June 12, 2013. Effective June 12, 2013.

 

 

Intro. by Rabon. Gaston, UNCODIFIED
S 603 (SL 2013-87) (2013-2014) CLARIFY ISSUANCE OF PLATES/CERTIFICATES LAW.-AB Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT REGISTRATION PLATES, REGISTRATION CERTIFICATES, AND CERTIFICATES OF TITLES CAN BE ISSUED DIRECTLY BY THE DIVISION OF MOTOR VEHICLES OFFICES LOCATED IN THE COUNTIES OF WAKE, CUMBERLAND, AND MECKLENBURG.

A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT REGISTRATION PLATES, REGISTRATION CERTIFICATES, AND CERTIFICATES OF TITLES CAN BE ISSUED DIRECTLY BY THE DIVISION OF MOTOR VEHICLES OFFICES LOCATED IN THE COUNTIES OF WAKE, CUMBERLAND, AND MECKLENBURG. Enacted June 12, 2013. Effective July 1, 2013.

 

 

Intro. by Rabon, Harrington.GS 20
S 634 (SL 2013-88) (2013-2014) INCREASE PENALTIES/UTILITIES THEFT (NEW). Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO INCREASE THE CRIMINAL PENALTIES FOR INTERFERENCE WITH GAS, WATER, OR ELECTRIC LINES.

A BILL TO BE ENTITLED AN ACT TO INCREASE THE CRIMINAL PENALTIES FOR INTERFERENCE WITH GAS, WATER, OR ELECTRIC LINES. Enacted June 14, 2013. Effective December 1, 2013.

 

 

Intro. by Newton. GS 14

The Daily Bulletin: 2013-06-13

LOCAL/HOUSE BILLS
H 68 (SL 2013-111) (2013-2014) ESTABLISH OMBUDSMAN/FOSTER CARE/GASTON COUNTY. Filed Feb 5 2013, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A FOSTER CARE OMBUDSMAN PILOT PROGRAM IN GASTON COUNTY.

A BILL TO BE ENTITLED AN ACT TO ESTABLISH A FOSTER CARE OMBUDSMAN PILOT PROGRAM IN GASTON COUNTY. Enacted June 13, 2013. Effective June 13, 2013, and expires July 1, 2015.

Intro. by Torbett.Gaston, STUDY, GS 7B
H 501 (SL 2013-112) (2013-2014) BUNCOMBE CTY/COMMUNITY COLLEGE PROJECTS. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT PROVIDING THAT BUNCOMBE COUNTY IS AUTHORIZED TO CONSTRUCT COMMUNITY COLLEGE BUILDINGS ON THE CAMPUSES OF ASHEVILLE-BUNCOMBE TECHNICAL COMMUNITY COLLEGE WITHIN THE COUNTY.

A BILL TO BE ENTITLED AN ACT PROVIDING THAT BUNCOMBE COUNTY IS AUTHORIZED TO CONSTRUCT COMMUNITY COLLEGE BUILDINGS ON THE CAMPUSES OF ASHEVILLE-BUNCOMBE TECHNICAL COMMUNITY COLLEGE WITHIN THE COUNTY. Enacted June 13, 2013. Effective June 13, 2013.

Intro. by Ramsey, Moffitt.Buncombe

The Daily Bulletin: 2013-06-13

LOCAL/SENATE BILLS
S 325 (SL 2013-110) (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.

A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT MEMBERS OF THE WAKE COUNTY BOARD OF EDUCATION SHALL BE ELECTED FROM DISTRICTS. Enacted June 13, 2013. Effective June 13, 2013, except as otherwise provided.

Intro. by Hunt, Barefoot.Wake
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: 2013-06-13

PUBLIC BILLS

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

    Pres. To Gov. 6/12/2013

H 29: METHAMPHETAMINE/OFFENSE/PENALTIES.

    Pres. To Gov. 6/13/2013

H 57: CHILD NUTRITION PROGRAM SOLVENCY AND SUPPORT.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 60: TRANSFER OF INDIAN CULTURAL CENTER PROPERTY.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 120: BLDING CODES: LOCAL CONSISTENCY/EXEMPT CABLE (NEW).

    Ratified
    Pres. To Gov. 6/14/2013

H 122: AMEND INTERLOCUTORY APPEALS/FAMILY LAW.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 147: AMEND ADOPTION LAWS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 157: LIMIT USE OF HIGHWAY FUND CREDIT BALANCE.

    Pres. To Gov. 6/13/2013

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

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 211: WEIGHT LIMITS/ANIMAL FEED TRUCKS.

    Pres. To Gov. 6/13/2013

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

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

H 223: ELECTRIC MEMBERSHIP CORPS/MEMBER CONTROL.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 240: INSURANCE TECHNICAL/CLARIFYING CHANGES.-AB

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 248: TAXPAYER DEBT INFORMATION ACT.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 255: UNC TUITION SURCHARGE/ADVANCE NOTICE.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 271: CONFIRM UTILITIES COMMISSION APPOINTMENT.

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 278: HOAS/VOLUNTARY PRELITIGATION MEDIATION.

    Pres. To Gov. 6/13/2013

H 289: STATE COMPUTER EQUIPMENT/BUY REFURBISHED.

    Ratified
    Pres. To Gov. 6/14/2013

H 322: CDL REQUIREMENTS/MILITARY EXPERIENCE.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 331: HOAS/UNIFORM LIEN PROCEDURE.

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

H 332: NOTARY ACT/SATISFACTION OF SECURITY INTERESTS.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 333: SEX OFFENDER RESIDENCY/REGIS. AMENDMENTS.

    Senate: Reptd Fav

H 350: COURT IMPROVEM'T PROJECT JUV LAW CHANGES.-AB

    Ratified
    Pres. To Gov. 6/14/2013

H 390: STATE IT GOVERNANCE CHANGES.-AB

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 396: ENACT PRIVATE WELL WATER EDUCATION ACT.-AB

    Ratified
    Pres. To Gov. 6/14/2013

H 428: NORTH CAROLINA SCHOOL BUS SAFETY ACT.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 433: LAND USE SURROUNDING MILITARY INSTALLATIONS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 439: ECONOMIC DEVELOPMENT JOBSITES PROGRAM.

    Pres. To Gov. 6/13/2013

H 459: CHRONIC CARE COORDINATION ACT.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 473: NC CAPTIVE INSURANCE ACT.

    Ratified
    Pres. To Gov. 6/14/2013

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

    Pres. To Gov. 6/12/2013

H 515: AMEND CREDIT UNION LAWS.

    Pres. To Gov. 6/13/2013

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

    Senate: Reptd Fav

H 548: MARINE FISHERIES RULEBOOK PRODUCTION.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

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

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

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

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

H 611: SUSPENSION REMOVED WHEN ELIGIBILITY MET.

    Ratified
    Pres. To Gov. 6/14/2013

H 614: NC AGRICULTURE AND FORESTRY ACT.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 623: MODIFY WEIGHT LIMITS FOR LINE TRUCKS.

    Pres. To Gov. 6/13/2013

H 626: NOTIFY LAW ENFORCEMENT OF TOWED VEHICLES (NEW).

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 628: PROTECT/PROMOTE LOCALLY SOURCED BLDG. MTRL'S (NEW).

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 629: AMEND DEFINITION OF SPECIAL PURPOSE PROJECT.

    Pres. To Gov. 6/13/2013

H 641: AMEND CONDITIONAL DISCHARGE/1ST DRUG OFFENSE.

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

H 649: SMALL GROUP HEALTH INS. TECHNICAL CHANGES.

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

H 650: GUARANTY ASSOCIATION ACT AMENDMENTS.

    Pres. To Gov. 6/13/2013

H 662: LIMITED LICENSE/INSTALL BACKFLOW ASSEMBLIES.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 664: CELL TOWER DEPLOYMENT ACT.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/17/2013

H 684: INCREASE DRIVEWAY SAFETY ON CURVY ROADS.

    Ratified
    Pres. To Gov. 6/14/2013

H 707: ENSURE SAFE NAVIGATION CHANNELS.

    Ratified
    Pres. To Gov. 6/14/2013

H 727: ALT. PROCEDURE FOR OBTAINING SALVAGE TITLE.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/18/2013

H 743: UI LAWS ADMINISTRATIVE CHANGES.

    Senate: Passed 3rd Reading
    Engrossed

H 762: AMEND CERTAIN BAIL BOND PROCEDURES.

    Ratified
    Pres. To Gov. 6/14/2013

H 763: ALLOW ALIMONY/POST SEP SUPP DURING MARRIAGE.

    Ratified
    Pres. To Gov. 6/14/2013

H 765: JURY INSTRUCTIONS FOR SCHOOL BUDGET DISPUTE.

    Ratified
    Pres. To Gov. 6/14/2013

H 785: COST-SHARING/TRANSPORTATION IMPROVEMENTS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 817: STRATEGIC TRANSPORTATION INVESTMENTS (NEW).

    Senate: Passed 2nd Reading

H 850: POSSESSION OF NEEDLES/TELL LAW OFFICER.

    Ratified
    Pres. To Gov. 6/14/2013

H 868: RESID. SCHOOL CHANGES.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

H 879: GRAND JURORS/SERVICE.

    Ratified
    Pres. To Gov. 6/14/2013

H 891: EXPLOITATION OF SRS/FREEZE DEFENDANT'S ASSETS.

    Senate: Reptd Fav

H 892: NO FISCAL NOTE FOR RULE REPEAL.

    Ratified
    Pres. To Gov. 6/14/2013

H 937: AMEND VARIOUS FIREARMS LAWS.

    Senate: Amend Failed A4
    Senate: Passed 3rd Reading
    Engrossed

H 998: TAX SIMPLIFICATION AND REDUCTION ACT (NEW)

    Senate: Amend Failed A1
    Senate: Passed 2nd Reading
    Senate: Placed On Cal For 06/18/2013

S 9: UTILITIES/DESIGN/SURVEY LOCATION SERVICES.

    Ratified
    Pres. To Gov. 06/14/2013

S 36: APA TECHNICAL/CLARIFYING CHGES.

    Ratified
    Pres. To Gov. 06/14/2013

S 124: SHOOT GUN INSIDE/TO INCITE FEAR.

    Ratified
    Pres. To Gov. 06/14/2013

S 222: REVISE CONTROLLED SUBSTANCES REPORTING.

    Ratified
    Pres. To Gov. 06/14/2013

S 248: CHOICE OF HEARING AID SPECIALIST.

    House: Passed 1st Reading
    House: Ref to the Com on Health and Human Services, if favorable, Finance

S 306: CAPITAL PUNISHMENT/AMENDMENTS.

    Ratified
    Pres. To Gov. 06/14/2013

S 402: APPROPRIATIONS ACT OF 2013.

    House: Passed 3rd Reading
    House: Ordered Engrossed
    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/17/2013

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

    Ratified
    Pres. To Gov. 06/14/2013

S 443: DISPOSITION OF ABANDONED FIREARMS (NEW).

    Ratified
    Pres. To Gov. 06/14/2013

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

    Ratified
    Pres. To Gov. 06/14/2013

S 468: ALIGN INSPECTIONS W/INSTALLER LICENSING.

    Ratified
    Pres. To Gov. 06/14/2013

S 494: COMMUNITY SERVICE/POST-RELEASE SUPERVISION.

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/17/2013

S 530: PROHIBIT E-CIGARETTE SALES TO MINORS.

    Ratified
    Pres. To Gov. 06/14/2013

S 542: DRUG TESTING FOR LTC APPLICANTS & EMPLOYEES.

    Ratified
    Pres. To Gov. 06/14/2013

S 545: MASTER METERS/LANDLORD-TENANT AGREEMENT.

    Ratified
    Pres. To Gov. 06/14/2013

S 571: AUTHORIZE VARIOUS SPECIAL PLATES.

    House: Rec From Senate

S 630: EVIDENCE & DNA EXPUNCTION LAWS.-AB

    Ratified
    Pres. To Gov. 06/14/2013

S 663: BLUE RIBBON COMM. RECS./SUPPORTIVE MH HOUSING.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/17/2013

Actions on Bills: 2013-06-13

LOCAL BILLS

H 68: ESTABLISH OMBUDSMAN/FOSTER CARE/GASTON COUNTY.

    Ratified
    Ch. SL 2013-111

H 501: BUNCOMBE CTY/COMMUNITY COLLEGE PROJECTS.

    Ratified
    Ch. SL 2013-112

H 533: DETENTION OF MENTALLY ILL IN FACILITY (NEW).

    Senate: Reptd Fav

H 562: CRAMERTON CHARTER REVISAL.

    Senate: Passed 3rd Reading

S 312: REFERENDUM ON INCORPORATING LAKE JAMES.

    House: Passed 1st Reading
    House: Ref To Com On Finance

S 325: WAKE COUNTY SCHOOL BOARD DISTRICTS.

    Ratified
    Ch. SL 2013-110

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