The Daily Bulletin: 2013-06-27

The Daily Bulletin: 2013-06-27

PUBLIC/HOUSE BILLS
H 14 (2013-2014) REV LAWS TECHNICAL, CLARIFYING, & ADMIN. CHG. Filed Jan 30 2013, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS AND RELATED STATUTES, AS RECOMMENDED BY THE REVENUE LAWS STUDY COMMITTEE.

The House committee substitute to the 1st edition is to be summarized.

Intro. by Howard.GS 105, GS 134
H 67 (2013-2014) PERMANENT LICENSE PLATES FOR CHARTER SCHOOLS. Filed Feb 5 2013, A BILL TO BE ENTITLED AN ACT TO MAKE CHARTER SCHOOLS ELIGIBLE TO RECEIVE PERMANENT REGISTRATION PLATES.

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

Amends the proposed language to GS 20-84(b), adding a requirement that motor vehicles owned and operated by nonprofit corporations that operate charter schools must be identified by a permanent decal or painted marking which discloses the name of the nonprofit organization in order to be issued permanent plates.

Intro. by Jones, Holloway, Conrad, Hardister.GS 20
H 336 (SL 2013-184) (2013-2014) CONTINUING BUDGET AUTHORITY (NEW). Filed Mar 19 2013, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE DIRECTOR OF THE BUDGET TO CONTINUE EXPENDITURES FOR THE OPERATION OF GOVERNMENT AT A PERCENTAGE OF THE LEVEL IN EFFECT ON JUNE 30, 2013.

A BILL TO BE ENTITLED AN ACT AUTHORIZING THE DIRECTOR OF THE BUDGET TO CONTINUE EXPENDITURES FOR THE OPERATION OF GOVERNMENT AT A PERCENTAGE OF THE LEVEL IN EFFECT ON JUNE 30, 2013. Enacted June 26, 2013. Effective July 1, 2013, unless otherwise provided. Expires July 31, 2013.

Intro. by Conrad, Lambeth, Hanes, Terry.APPROP
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 2nd edition.

Deletes previous changes made to GS 93E-1-6(a), (2)a and (3)a, regarding requirements for certification as a residential or general real estate appraiser.

Deletes Section 7 from the act, which contained a new proposed section, GS 93E-1-15, payment of fees by electronic means.

Amends proposed section GS 93E-2-12, Appraisal Management Company Recovery Fund, making clarifying changes to subsection (b).  Makes organizational and clarifying changes to subsection (d) and (e).

 

 

 

Intro. by Szoka, Howard, B. Brown, Saine.GS 93E, GS 114
H 618 (2013-2014) AMEND FIREARM RESTORATION LAW. Filed Apr 9 2013, AN ACT TO RESTORE THE FIREARMS RIGHTS OF CERTAIN PERSONS WHO WERE CONVICTED OF NONVIOLENT FELONIES BEFORE DECEMBER 1, 1995, AND WHOSE FIREARMS RIGHTS HAD BEEN RESTORED BEFORE DECEMBER 1, 1995, TO INCREASE THE FEE TO PETITION FOR THE RESTORATION OF FIREARMS RIGHTS, AND TO ADD TO THE LIST OF OFFENSES INELIGIBLE FOR EXPUNCTION CERTAIN FELONY BREAKING AND ENTERING OFFENSES, AND ANY OFFENSE THAT IS AN ATTEMPT TO COMMIT AN OFFENSE THAT IS NOT ELIGIBLE FOR EXPUNCTION.

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

Amends GS 14-415.4 as follows. Adds that an offense under GS 90-95, concerning the manufacture, sale, or delivery of drugs, is not a nonviolent felony. Requires the denial of a petition to restore firearm rights if the court finds the petitioner has had entry of a prayer for judgment continued for a violent felony (was, a felony) in addition to any nonviolent felony conviction. Deletes the provision that allowed a person to petition to have firearms rights restored only for a single nonviolent felony conviction in a 10-year period. Increases the restoration petition filing fee from $200 to $250.

Changes the act's effective date from December 1, 2013, to October 1, 2013.

Intro. by Speciale, Pittman.GS 14
H 683 (2013-2014) COMMONSENSE CONSUMPTION ACT. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO BAR CIVIL ACTIONS AGAINST PACKERS, DISTRIBUTORS, MANUFACTURERS, CARRIERS, HOLDERS, SELLERS, MARKETERS, OR ADVERTISERS OF FOOD PRODUCTS THAT COMPLY WITH APPLICABLE STATUTORY AND REGULATORY REQUIREMENTS BASED ON CLAIMS ARISING OUT OF WEIGHT GAIN, OBESITY, A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY, OR OTHER GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION OF FOOD; AND TO CLARIFY THAT LOCAL GOVERNMENTS MAY NOT REGULATE THE SIZE OF SOFT DRINKS OFFERED FOR SALE.

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

Amends GS 99E-43, subdivision (2), concerning certain claims arising from the long-term consumption of food, providing that GS 99E-42 does not preclude liability in a civil action when the claim is based on knowing and willful conduct applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, in violation of any federal or state law, and the claimed injury was proximately caused by such violation (previously, language regarding the violation of federal or State law was not included).

 

Intro. by B. Brown, Moffitt, Ramsey.GS 99E, GS 153A, GS 160A
H 828 (2013-2014) UPDATE PHYSICAL THERAPY PRACTICE ACT. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT UPDATING THE PHYSICAL THERAPY PRACTICE ACT.

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

Amends GS 90-270.26, Powers of the Board, deleting proposed language in GS 90-270.26, subdivision (9), which allowed the Board to request the Department of Justice to provide criminal history record checks pursuant to GS 90-270.9A in connection with investigative matters.

Amends GS 90-270.29A, Criminal history record checks of applicants for licensure, deleting proposed language in GS 90-270.29A(a) that defined a criminal history record check. Adds proposed language to subsection (b), providing that the Board will collect any fees required by the Department of Justice and remit the fees to the Department for expenses associated with conducting the criminal history record check. Adds proposed language to subsection (c), providing that the Board can disclose information contained in the criminal history record that is relevant to a denial only if the disclosure of the information is permitted by applicable State and federal law (previously, the language permitting disclosure in accordance with applicable law was not included).

Amends the proposed title of GS 114-19.33, changing the title to Criminal history record checks of applicant for licensure as physical therapists or physical therapist assistants. Deletes proposed language which allowed the Department of Justice to provide criminal history records to the NC Board of Physical Therapy Examiners for subjects of investigation. Makes conforming changes.

Amends the enactment date, making the act effective October 1, 2013 (was, effective when the act becomes law).

 

Intro. by Fulghum, Hollo, Faircloth, Murry.GS 90, GS 114
H 959 (2013-2014) LARGE MFG. FACILITY EXTENSION/STUDY OF 1%/$80 (NEW). Filed Apr 17 2013, A BILL TO BE ENTITLED AN ACT TO EXTEND BY TWO YEARS THE PERIOD FOR WHICH A LARGE MANUFACTURING AND DISTRIBUTION FACILITY IS ELIGIBLE FOR THE ONE PERCENT/EIGHTY-DOLLAR PRIVILEGE TAX ON PURCHASES OF CERTAIN MACHINERY AND EQUIPMENT AND TO DIRECT THE REVENUE LAWS STUDY COMMITTEE TO STUDY THE SCOPE AND APPLICATION OF THE ONE PERCENT/EIGHTY-DOLLAR PRIVILEGE TAX APPLICABLE TO MILL MACHINERY AND CERTAIN OTHER MACHINERY AND EQUIPMENT.

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

Amends the short and long titles.

Deletes all of the provisions of the previous edition.

Amends subsection (a) of GS 105-187.51D, rewriting the definition of large manufacturing and distribution facility as facilities, as further defined, which have or will have an investment of at least $80 million in real and tangible personal property for the facility within seven years (previously, five years) after the date on which the first property investment is made, and that the facility will achieve an employment level of at least 550 within five years of service. Changes the sunset date/expiration date of the statute to July 1, 2020 (was, July 1, 2018).

Directs the Revenue Laws Study Committee to study the scope and application of a privilege tax of 1%, with a cap of $80, applied to mill machinery and other machinery and equipment purchased by certain industries and companies. Sets out what can be included in the study. Directs the committee to report its findings and recommended legislation to the 2014 Regular Session of the 2013 General Assembly.

Intro. by Malone, Lewis, Starnes, Collins. GS 105, STUDY
H 1018 (2013-2014) HONOR CHINA GROVE'S FOUNDERS. Filed Jun 27 2013, A HOUSE RESOLUTION HONORING THE FOUNDERS OF CHINA GROVE WHILE OBSERVING THE TOWN'S ONE HUNDRED TWENTY-FIFTH ANNIVERSARY.

As the title indicates. Effective upon adoption.

Intro. by Rules, Calendar, and Operations of the House.Rowan, HOUSE RES

The Daily Bulletin: 2013-06-27

PUBLIC/SENATE BILLS
S 132 (2013-2014) HEALTH CURRICULUM/PRETERM BIRTH. Filed Feb 25 2013, A BILL TO BE ENTITLED AN ACT TO INCLUDE INSTRUCTION IN THE SCHOOL HEALTH EDUCATION PROGRAM ON THE PREVENTABLE CAUSES OF PRETERM BIRTH, INCLUDING INDUCED ABORTION AS A CAUSE OF PRETERM BIRTH IN SUBSEQUENT PREGNANCIES, AND TO PROVIDE SUCH INFORMATION TO CHARTER, NONPUBLIC, AND HOME SCHOOL STUDENTS.

House amendment #5 amends the 3rd edition, as amended.

Amends the act by deleting the phrase "causes of" preterm birth each time it appears throughout the act and replaces it with "risks for" preterm birth.

Intro. by Daniel, Tillman, Randleman. GS 115C
S 174 (2013-2014) DISAPPROVE INDUSTRIAL COMMISSION RULES. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT TO DISAPPROVE CERTAIN RULES ADOPTED BY THE NORTH CAROLINA INDUSTRIAL COMMISSION, TO PROVIDE SPECIFIC DIRECTIONS TO THE INDUSTRIAL COMMISSION TO REPLACE THE RULES, AND TO AMEND CERTAIN PROVISIONS OF THE WORKERS COMPENSATION LAW.

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

Amends the long title.

Amends Sections 1 and 2, deleting the following Industrial Commission (Commission) rules from the list of rules that are to be disapproved pursuant to the act: discount rate to be used in determining commuted values, appointment of guardian ad litem, motions practice in contested cases, dismissals, applicability of the rules, communication, order for mediated settlement conference, infants and incompetents, and sanction.

Amends GS 97-18(k), deleting language that provided that if the employer or insurer contests an employee's request for reinstatement, then the matter will be scheduled on a preemptive basis. Adds language detailing and explaining the form which must be submitted by the employee in order to move for reinstatement of compensation. The form must contain, among other things, the reasons for the proposed reinstatement, available supporting documentation, and language informing the employer of the right to contest the reinstatement of compensation. Specifies the procedures for an employer to file an objection to the reinstatement. Sets out the procedures for conducting an informal hearing that results from contesting a reinstatement. Provides that either party can request a formal hearing pursuant to GS 97-83.

Deletes Section 4 of the act, which included a new proposed subdivision GS 97-2(23), which defined the term commuted value.

Deletes Section 5 of the act, which included proposed changes to GS 97-40, involving the use of commuted values.

Amends GS 97-25, medical treatment and supplies, making organizational changes and adding new subsections (f) through (h). New subsections provide that, in claims subject to GS 97-18(b) and (d), a party can file an expedited, emergency, or other medical motion with the Office of the Chief Deputy Commissioner, with the non-moving party having the right to contest the motion. Sets out the procedures for submitting motions and responses as well as the procedures for conducting an informal hearing on the motions. Sets out further procedures and protocols for medical motions that are determined by the Commission to be emergencies or motions that should be expedited.

Deletes Section 7 of the act, which included proposed changes to GS 97-78(f)(2), which provided that the Commission must schedule formal hearings pursuant to GS 97-83 on a preemptive basis.

Deletes Section 8 of the act, which included proposed changes to GS 97-73(a), which provided language stating the Commission can establish a schedule of fees, which are to be borne by all parties, for specified documents and activities conducted.

Amends GS 97-80, concerning rules and regulations of the Commission, deleting the proposed new subsection (a1) from the act. Also deletes proposed changes to subsection (b) and (d). Amends subsection (e), deleting all the previous proposed changes but adding new language that provides that a party cannot issue a subpoena duces tecum less than 30 days prior to the hearing date except upon prior approval of the Commission. Makes clarifying changes.

Amends GS 97-81(a), concerning forms and literature used by the Commission, providing that notwithstanding GS 150B-2(8a)d., any new forms or substantive amendments to old forms adopted after July 1, 2013, must be adopted in accordance with the APA.

Directs the Commission to adopt rules to replace the rules disapproved by Sections 1 and 2 of the act. Sets out 12 specific directions which must be followed when adopting the new rules.

Sets out specific disapproved rules, concerning waiver of rules by the Commission, and directs the Commission to adopt rules to replace those listed. Instructs the Commission to amend the rules to provide that the Commission can waive a rule upon its own initiative only if the employee is not represented by counsel.

Directs the Commission to study the burdens on all parties of mandating that costs and fees be submitted electronically. The Commission must submit a report of its findings and recommendations to the 2014 Session of the General Assembly.

Directs the Commission to adopt permanent rules to replace the rules disapproved by this act in accordance with the instructions contained in the act. The Commission is authorized to use the temporary rulemaking procedure and time line, in order to expedite the process. Provides that the rule will also be exempt from the certification and fiscal note requirements of the APA and that the current rules will remain in effect until the rules adopted to replace them become effective.

 

 

Intro. by Brown. GS 97
S 231 (2013-2014) MODIFY DUTIES/ADVISORY COUNCIL ON INDIAN EDUC. Filed Mar 7 2013, A BILL TO BE ENTITLED AN ACT TO MODIFY THE DUTIES OF THE STATE ADVISORY COUNCIL ON INDIAN EDUCATION.

The conference report makes the following changes to the 3rd edition.

Amends GS 115C-210.4, duties of the State Advisory Council on Indian Education, to provide that the required annual report must include an action plan. Deletes requirement that the council must present and share the annual report to specified parties at national conferences. Makes conforming changes.

Intro. by J. Davis.GS 115C
S 280 (2013-2014) DCR/HISTORIC SITES/FEES (NEW). Filed Mar 13 2013, A BILL TO BE ENTITLED AN ACT ALLOWING NON-STATE EMPLOYEES AFFILIATED WITH THE TRANSPORTATION MUSEUM TO DRIVE STATE-OWNED VEHICLES; EXPANDING THE AUTHORITY OF THE DEPARTMENT OF CULTURAL RESOURCES AND THE TRYON PALACE TO CHARGE ADMISSION AND RELATED ACTIVITY FEES; AND ESTABLISHING THE A+ SCHOOLS SPECIAL FUND IN THE DEPARTMENT OF CULTURAL RESOURCES, THE NORTH CAROLINA ARTS COUNCIL.

House committee substitute to the 2nd edition deletes all provisions of the 2nd edition and instead provides as follows.

Allows non-state employees affiliated with the Transportation Museum to drive a state-owned vehicle on the museum property.

Amends GS 121-7.3 to allow the Department of Cultural Resources (Department) to charge an admission and related activity fee (was, admission fee) to any historic site or museum (was, museum only) administered by the Department. Requires the admission and related activity fee be deposited into the appropriate special fund and requires that the revenue be used for the individual historic site or museum where the receipts were generated. Deletes the provision requiring the Department to retain unbudgeted receipts at the end of the fiscal year and deposit them into the nonreverting account, to be used to support a portion of each museum's operations.

Amends GS 143B-71 to allow Tryon Palace to charge admission and related activity fees.

Enacts new GS 143B-87.2 creating the A+ Schools Special Fund in the Department's NC Arts Council consisting of all receipts from private donations, grant funds, and earned revenue. The Fund revenue may be used only for contracted services, conference and meeting expenses, travel, staff salaries, and other administrative costs related to the A+ Schools program. States that the section applies to the A+ Schools program, transferred to the NC Arts Council in SL 2010-31. Requires the Department to report to specified legislative entities by September 30 of each year on the source and amount of all funds credited to the Fund and the purpose and amount of all Fund expenditures during the prior fiscal year.

Amends the act's titles.

 

Intro. by Meredith.GS 121, GS 143B
S 321 (2013-2014) INMATE COSTS/CT.APPT./NOTARIES. Filed Mar 13 2013, AN ACT TO CAP REIMBURSEMENT BY COUNTIES, TO MAKE ADDITIONAL PROVISIONS RELATING TO PAYMENT, FOR MEDICAL SERVICES PROVIDED TO INMATES IN COUNTY JAILS, TO ALLOW COUNTIES TO UTILIZE MEDICAID FOR ELIGIBLE PRISONERS, TO PROVIDE THAT VACANCIES IN THE OFFICE OF DISTRICT COURT JUDGE SHALL BE FILLED BY APPOINTMENT OF THE GOVERNOR; AND TO CREATE A PRIVATE RIGHT OF ACTION AGAINST NOTARIES WHO VIOLATE THE NOTARY PUBLIC ACT.

House committee substitute to the 4th edition makes the following changes.

Deletes proposed GS 153A-225(a1) and instead enacts new GS 153A-225.2, Payment of medical care of prisoners, as follows. Requires counties to reimburse providers and facilities that provide requested or emergency medical care outside of the local confinement facility to prisoners or others under arrest or in the custody of county law enforcement officers. Sets the reimbursement rate as the lesser of 70% of the providers's then current prevailing charge or two times the then current Medicaid rate for any given service. Gives counties the right to audit providers who have billed for services to the extent necessary to determine the actual prevailing charge. Defines requested or emergency medical care. Does not prevent a county from contracting with a provider for services at a rate that provides greater documentable cost avoidance for the county or at rates less favorable to the county that will ensure continued access to care. Prohibits counties from avoiding payment liability by releasing a prisoner or other person in lawful custody  for the purpose of avoiding liability for medical care payment. Requires counties to make reasonable efforts to equitably distribute prisoners among all hospitals or health care facilities within the same county. Requires counties with more than one hospital or health care facility to make semiannual reports on compliance with this requirement.

Amends GS 7A-142 to provide that when filling a district judge vacancy, the Governor may select from nominations submitted by the district bar (was, vacancy must be filled by appointment of the Governor from nominations submitted by the district), with exceptions for District 9, 9B, and 18. Gives the judicial district bar 30 days to submit nominations. Deletes the requirement that the Governor appoint to fill the vacancy within 60 days after the district bar submits nominations and deletes the provision appointing the district bar nominee with the highest number of votes from the district bar when the Governor fails to make the nomination in 60 days.

Makes the effective date of Section 1 (enacting GS 153A-225.2) and Section 3 (concerning work by the Division of Medical Assistance and the Association of County Commissioners in preparing for the changes made by amendments to GS 153A-225)  September 1, 2013. Retains the effective date of changes to GS 153A-225 as July 1, 2014. Makes the remainder of the act effective when it becomes law (was, July 1, 2013).

Amends the act's titles.

Intro. by J. Davis, Newton, Goolsby. GS 7A, GS 153A
S 337 (2013-2014) NC CHARTER SCHOOL ADVISORY BOARD (NEW). Filed Mar 14 2013, A BILL TO BE ENTITLED AN ACT TO CREATE THE NORTH CAROLINA CHARTER SCHOOLS ADVISORY BOARD AND MAKE OTHER CHANGES TO CHARTER SCHOOL LAWS.

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

Amends GS 115C-238.29A(b) to add the requirement that the NC Charter Schools Advisory Board report to the State Board of Education.

Deletes proposed changes to GS 105-275, which designated real property occupied by a charter school and used for education purposes as a special class excluded from the tax base.

 

Intro. by Tillman, Soucek.GS 115C, GS 143B
S 337 (2013-2014) NC CHARTER SCHOOL ADVISORY BOARD (NEW). Filed Mar 14 2013, A BILL TO BE ENTITLED AN ACT TO CREATE THE NORTH CAROLINA CHARTER SCHOOLS ADVISORY BOARD AND MAKE OTHER CHANGES TO CHARTER SCHOOL LAWS.

House amendment makes the following changes to the 6th edition.

Amends GS 115C-238.29H, State and local funds for a charter school, providing that the local school administrative unit and charter school may use mediation, as provided for in GS 115C-238.29G(c), to resolve differences on calculation and transference of the per pupil share of the local current expense fund.

Intro. by Tillman, Soucek.GS 115C, GS 143B
S 399 (2013-2014) CRIMINAL DEFENDANT MAY WAIVE JURY TRIAL. Filed Mar 21 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT A PERSON ACCUSED OF ANY CRIMINAL OFFENSE IN SUPERIOR COURT FOR WHICH THE STATE IS NOT SEEKING A SENTENCE OF DEATH MAY WAIVE THE RIGHT TO TRIAL BY JURY AND INSTEAD BE TRIED BY A JUDGE.

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

Changes the long title.

Amends proposed language in Section 24 of Article 1 of the NC Constitution to provide that a person accused of any criminal offense for which the State is not seeking a death sentence in superior court can, in writing or on the record in the court and with the judge's consent, waive the right to trial by jury (previously, provided that any person accused of any noncapital crime could waive the right to trial by jury).

Amends GS 15A-1201 to allow a defendant accused of any criminal offense for which the State is not seeking a death sentence in superior court to, knowingly and voluntarily, waive the right to trial by jury (previously, allowed a defendant in any noncapital criminal case in superior court to waive the right to trial by jury) in writing or on the record and with the trial judge's consent.

Intro. by Brunstetter.GS 15A
S 480 (2013-2014) UNC CAPITAL IMPROVEMENT PROJECTS. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE ACQUISITION OR CONSTRUCTION AND THE FINANCING, WITHOUT APPROPRIATIONS FROM THE GENERAL FUND, OF CERTAIN CAPITAL IMPROVEMENTS PROJECTS OF THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA.

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

Amends act by adding new Section 2(b), which requires the Board of Governors of the University of North Carolina to prepare and report on, no later than October 1, 2013, an estimate to the Joint Legislative Commission on Governmental Operations before undertaking a project authorized by this act or the associated costs. Sets out four requirements of the report, including that it contain the total anticipated cost associated with each project and anticipated term, interest rate, structure, and debt servicing schedule of any financing of costs for each authorized project. Makes conforming changes.

Amends Section 5 of the act, specifying four conditions that are required to be met for the acquisition of the Bowman Gray & Civitan Park by Winston-Salem State University through participation in a long-term program agreement with the City of Winston-Salem, including (1) when the property that is the subject of the project is a stadium that supports a NASCAR-sanctioned one-fourth mile asphalt flat oval track, the stadium cannot be renamed and (2) when the property that is the subject of the project is a stadium that supports a NASCAR-sanctioned one-fourth mile asphalt flat oval track, no parking fees can be charged for racing events at the stadium.

 

Intro. by Apodaca. GS 18B
S 485 (2013-2014) UNC/REPORT/E-COMMERCE/IMPROVEMENTS (NEW). Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO ELIMINATE A DUPLICATIVE REPORTING REQUIREMENT REGARDING PERSONAL SERVICE CONTRACTS FOR THE UNIVERSITY OF NORTH CAROLINA, TO ALLOW THE BOARD OF GOVERNORS TO PROVIDE FOR THE IMPLEMENTATION AND EXPANSION OF E-COMMERCE INFRASTRUCTURE, AND TO CLARIFY THE PROPERTY TAX STATUS OF CERTAIN IMPROVEMENTS ON UNIVERSITY LANDS THAT ARE OWNED BY CERTAIN SOCIAL ORGANIZATIONS.

Senate amendment to the 2nd edition makes the following changes.

Deletes proposed GS 116-40.22(e) and instead provides as follows. Allows the University of North Carolina to contract with service providers specializing in services offered to institutes of higher learning offering systems or services under arrangements that provide for the receipt of funds electronically, provided that the services are in compliance with the requirements of the payment industry security standards. Requires funds remitted to the University that are on deposit with the State Treasurer under GS 147-77 to be subject to the daily deposit requirements, but the Treasurer may exempt the requirement for any standard business process that delays the University's receipt of the funds from a service provider if the exemption is based on an acceptable business case that demonstrates an overall efficiency to the University and state. Requires the business case to be endorsed by the University of North Carolina General Administration before being submitted to the Treasurer for consideration.

Intro. by Apodaca.GS 116, GS 105, GS 143
S 638 (2013-2014) NC FARM ACT OF 2013. Filed Apr 2 2013, AN ACT TO ENACT THE NORTH CAROLINA FARM ACT OF 2013 TO (1) LIMIT THE LIABILITY OF NORTH CAROLINA COMMODITY PRODUCERS ARISING FROM FOOD SAFETY ISSUES RELATED TO THEIR PRODUCTS; (2) LIMIT THE LIABILITY OF FARM ANIMAL ACTIVITY SPONSORS, FARM ANIMAL PROFESSIONALS, AND AGRITOURISM OPERATORS AND CLARIFY THAT EQUINE RECREATION WHERE THE LANDOWNER RECEIVES NO COMPENSATION IS SUBJECT TO THE RECREATIONAL USE STATUTE AND NOT THE EQUINE ACTIVITY LIABILITY STATUTE; (3) ALLOW THE COMMISSIONER OF AGRICULTURE TO ASSESS NONMONETARY PENALTIES TO ADDRESS VIOLATIONS WHEN APPROPRIATE; (4) DECREASE THE FREQUENCY OF THE AGRICULTURAL WATER USE SURVEY; (5) LIMIT THE PERSONALLY IDENTIFYING INFORMATION THAT THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES MAY DISCLOSE ABOUT ITS ANIMAL HEALTH PROGRAMS; (6) MAKE CONFORMING CHANGES TO THE NAME OF THE STRUCTURAL PEST CONTROL AND PESTICIDES DIVISION AND CLARIFY THE RESPONSIBILITIES OF THE DIVISION; (7) AMEND CERTAIN EGG LABELING REQUIREMENTS; (8) REPEAL THE INTERSTATE PEST CONTROL COMPACT; (9) REPEAL CERTAIN CLEANLINESS STANDARDS FOR CREAMERIES AND DAIRY FACILITIES THAT ARE ADDRESSED BY THE NC FOOD, DRUG, AND COSMETIC ACT; (10) CHANGE SETBACK DISTANCES AND BURN TIMES FOR FLAMMABLE MATERIALS RESULTING FROM GROUND CLEARING ACTIVITIES; (11) REPEAL THE STATE SULFUR CONTENT STANDARDS FOR GASOLINE; (12) EXEMPT FORESTRY AND SILVICULTURE OPERATIONS FROM TEMPORARY DRIVEWAY PERMITTING; (13) ALLOW A FARM BUILDING THAT IS USED FOR PUBLIC OR PRIVATE EVENTS TO MAINTAIN ITS FARM BUILDING STATUS FOR PURPOSES OF THE STATE BUILDING CODE; (14) EXEMPT CERTAIN STRUCTURES FROM THE SPRINKLER SYSTEM REQUIREMENTS OF THE NORTH CAROLINA BUILDING CODE; (15) ALLOW RETAILERS TO DISPLAY MORE THAN FOUR HUNDRED SQUARE FEET OF NURSERY STOCK FOR SALE IN THEIR PARKING LOTS; (16) EXPAND THE AGRICULTURAL DAM EXEMPTION TO THE DAM SAFETY ACT; (17) ALLOW A LANDOWNER TO WITHDRAW WATER FOR AGRICULTURAL USE DURING WATER SHORTAGE EMERGENCIES UNDER CERTAIN CONDITIONS; (18) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE DEPARTMENT OF TRANSPORTATION TO JOINTLY PETITION THE WILMINGTON DISTRICT OF THE UNITED STATES ARMY CORPS OF ENGINEERS TO ALLOW FOR GREATER FLEXIBILITY AND OPPORTUNITY TO PERFORM STREAM AND WETLANDS MITIGATION BEYOND THE IMMEDIATE WATERSHED WHERE DEVELOPMENT WILL OCCUR; AND (19) ACCELERATE THE SUNSET DATE OF THE PETROLEUM DISPLACEMENT PLAN AS A RESULT OF THE STATE HAVING SUBSTANTIALLY ACHIEVED ITS TWENTY PERCENT REDUCTION GOAL OF THE USE OF PETROLEUM PRODUCTS.

House amendments make the following changes to the 4th edition.

Amendment #1 amends GS 99B-12 to modify the criteria that must be met in order for commodity producers to be entitled to a rebuttable presumption that they were not negligent when consumption of the producer's raw agricultural commodity is the proximate cause of death or injury to require that the producer has had no settlement agreements concluding litigation where the settlement exceeds $25,000 or in which the producer admitted liability (was, no settlements of complaints against the producer) during the previous three years based on a claim that the producer's negligence was the proximate cause of a plaintiff's death or injury.

Amendment #2 amends GS 99E-2 and GS 99E-6 to require in any action for damages against an equine activity sponsor or an equine professional or a farm animal activity sponsor or farm animal professional for an equine or farm animal activity that the sponsor or professional plead the affirmative defense of assumption of the risk by the participant.

Amendment #3 amends GS 99E-5 to clarify that the inherent risks of farm animal activities include the risk of contracting an illness due to coming into physical contact (was, coming into contact) with animals or their feed or waste.

Intro. by Jackson, Brock.GS 38A, GS 99B, GS 99E, GS 106, GS 119, GS 136, GS 143
S 683 (2013-2014) SAFE HARBOR/VICTIMS OF HUMAN TRAFFICKING. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO CREATE A SAFE HARBOR FOR VICTIMS OF HUMAN TRAFFICKING AND FOR PROSTITUTED MINORS, MODIFY THE MEMBERSHIP OF THE NORTH CAROLINA HUMAN TRAFFICKING COMMISSION, AND PROVIDE FOR PAROLE CONSIDERATION OF CERTAIN INMATES SENTENCED UNDER THE FAIR SENTENCING ACT.

House amendment makes the following change to the 4th edition. Removes the requirement that the Department of Justice provide office space in Raleigh for the use of the North Carolina Human Trafficking Commission.

Intro. by Goolsby, Barringer, Kinnaird. GS 115C, GS 7B, GS 14, GS 15A, GS 15B, GS 143A
S 683 (2013-2014) SAFE HARBOR/VICTIMS OF HUMAN TRAFFICKING. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO CREATE A SAFE HARBOR FOR VICTIMS OF HUMAN TRAFFICKING AND FOR PROSTITUTED MINORS, MODIFY THE MEMBERSHIP OF THE NORTH CAROLINA HUMAN TRAFFICKING COMMISSION, AND PROVIDE FOR PAROLE CONSIDERATION OF CERTAIN INMATES SENTENCED UNDER THE FAIR SENTENCING ACT.

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

Redefines the offense of human trafficking (GS 14-43.11), involuntary servitude (GS 14-43.12), and sexual servitude (GS 14-43.13) to provide punishment for persons who act knowingly or in reckless disregard of the consequences of their actions (was,knowingly or inreckless disregard of the fact). Also amends GS 14-43.11to also define as human trafficking willfully (was, knowingly) or in reckless disregard of the consequences of the action causing a minor to be held in involuntaryservitude or sexual servitude.Restores current law, amended in a previous edition,whichprovides that if the victim is an adult,a violation of GS 14-43.11 (human trafficking)or aviolation of GS 14-43.12 (involuntary servitude)is a ClassF felony (was, Class E). Makes a violation of GS 14-43.13 (sexual servitude) a ClassD felony (was, ClassE) if the victim is an adult.

Removes GS 14-203, defining terms in Article 27 (prostitution) of GS Chapter 14, and GS 14-204, identifying prostitution and certain acts abetting prostitution as unlawful, from the list ofstatutes repealed in the previous edition.

Makes an organizational change, amending GS 14-203 instead of enacting a new GS 14-203.1. Deletesthe definitions under current law forprostitution and assignation.Redefines prostitutionto meanoffering or agreeing to performor performing vaginal intercourse, any sexual act as defined in GS 14-27.1 [was, GS 14-27.1(4)], or any sexual contact as defined in GS 14-27.1 [was, GS 14-27.1(5)] for the purpose of sexual arousal or gratification for money or other consideration. Recodifies provisions (Definitions) of previously proposed GS 14-203.1 as GS 14-203 (Definition of terms). Provides that advance prostitution includes granting or permitting the use of a place under circumstances from which a person should (was, could) reasonably know that the place is used or is to be used for the purpose of prostitution.

Makes an organizational change, amending GS 14-204 instead of enacting a new GS 14-203.2. Makes the catch line Prostitution (was, Prostitution and various acts abetting prostitution unlawful). Deletes all of the provisions under current law.

Makes willfully (was, knowingly) engaging in prostitution a Class 1 misdemeanor. Provides that regardless of the provisions of GS 15A-1431(a1) (Deferred Prosecution), the prosecution of a16- or 17-year-old minor charged with a misdemeanor under this section but not previouslyconvicted or placed on probation for violating this section must be deferred under Article 82 of GS Chapter 15A. Also provides that any 16- or 17-year-old minor charged with a second or subsequent misdemeanor offense under this section may be considered for deferred prosecution, (was, provided for immunity from prosecution for aminor and placement of the minor into temporaryprotective custody as an undisciplined juvenile under Article 19 of GS Chapter 7B).

Provides that a minor taken into custody by a law enforcement officer who reports an allegation of a violation of GS 14-43.11 or GS 14-43.13 to the director of social services in the county where the minor resides or is found must be held in nonsecure custody or placed in specialized housing if available pendinga department of social services investigation into child abuse or child neglect.

Makes an organizational change,enacting new GS 14-205.1 (was, GS 14-203.3). Makes it a Class H felony (was, Class I) for a second or subsequent offense of soliciting another person for prostitution. Makes it a Class G felony (was, Class C) for any person age 18 or older to willfully solicit (was, solicit) a minor for prostitution. Makes it a Class E felony (was, Class C) for any person to willfully solicit a person who is severely and profoundly mentally disabled for the purpose of prostitution. Provides that punishment under this section may include participation in "John School," a program devised for the education and prevention of sexual exploitation, where available. Makes a person who violates this section ineligible for a disposition of prayer for judgment continued under any circumstances.

Makes an organizational change, enacting new GS 14-205.2 (was, GS 14-203.6). Provides that except as provided in subsections (c), making it a Class F felonyfor a person 18 years of age or older to patronize a prostitute who is a minor, and (d), making a violation of this section a Class D felony if the prostitute is a severely or profoundly mentally disabled person, a first violation under this section is a Class A1 misdemeanor. Makes a second or subsequent violation a Class G felony unless a higher penalty applies. Makes conforming changes,deleting references to subdivisions (4) and (5) of GS 14-27.1 to reflect amendments in this act to GS 14-203.

Makes an organizational change, enacting new GS 14-205.3 (was, GS 14-203.4 and GS 14-203.5). Amends subsection (b) to provide that any person who willfully (was, knowingly) performs any of the specified actscommits the offense ofpromoting prostitution of a minor or mentally disabled person. Clarifies that profiting from prostitution includes receiving a portion of the earnings from a prostitute for arranging or offering to arrange a situation in which a person may engage in prostitution. Provides that mistake of age is not a defense to a prosecution under subsection (b).

Makes a violation of GS 14-205.3(b), promoting prostitution of a minor or a mentally disabled person, undersubdivision (1), advancing prostitution, or (2), profiting from prostitution, a Class D felony (was, Class B2)unless a higher penalty applies. Makes a violation of subdivision (3) of subsection (b) a Class C felony (was, Class B1). Makes it a Class C felony (was, Class B1) for a violation of subsection (b) of this section by any person with a previous conviction for a violation of this section or a violation of GS 14-204 (prostitution), GS 14-204.1 (solicitation of prostitution), and GS 14-204.2 (patronizing a prostitute). Makes a violation by any person under subsection (a) with a previousconviction underthis section orunder GS 14-204 (prostitution), GS 14-204.1 (solicitation of prostitution), and GS 14-204.2 (patronizing a prostitute) a Class E felony (was, Class C).

Deletes GS 14-203.7, regarding patronizing a minor or mentally disabled person engaged in prostitution. Makes an organizational change, enactingnew GS 14-205.4 (was, GS 14-203.10) regarding certain probation conditions. Clarifies that the court may order any convicted defendant to be examined for sexually transmitted infections (was, examined for venereal disease) and that the period of probation may begin only under terms and conditions to prevent the spread of the infection.

Amends new GS 15A-145.6 to define prostitution offense as a conviction for an offensein violation of GS 14-204or engaging in prostitution in violation of GS 14-204(7) for an offense occurring before October 1, 2013 (was, before December 1, 2013). Deletes an offense that includes assault as an essential element of the offense from the definition for violent felony or violent misdemeanor.

Amends the definition for abused juveniles in GS 7B-101(1),citing promoting the prostitution of a juvenile to GS 14-205.3(b) as enacted in this act (was, GS 14-190.18).

Amends new GS 14-43.20(b) to direct the court, at a minimum, to order restitution equal to the value of the victim's labor under the Minimum Wage Law, including overtime standards of the Fair Labor Standards Act (FLSA). Provides that thejudge may also order any other amount of loss identified in the action, including the gross income or value to the defendant of the victim's labor or service (was, directed the court to order restitution, in addition to any other amount of loss identified, including the greater of (1)the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and the FLSA's overtime provisions, whichever is greater).

Amends GS 14-208.6(5) to make conforming changes to the definition of sexually violent offense. Deletes changes to GS 15A-830(a)(7), defining victim. Deletes changes to GS 90-210.25B(b) defining the term sexual offense against a minor. Deletes changes to GS 114-15(b1), regarding the authority of the State Bureau of Investigation to investigate specified crimes. Makes conforming changes to GS 115C-296(d)(92) regarding the State Board of Education's authority to automatically revoke a teacher's license without the right to a hearing for conviction or a plea of guilty orno contestfor certain crimes. Makes additional conforming changes to correct references to statutes repealed or enacted bythis act.

Amends GS 15A-1371(a) to provide that a prisoner sentenced under the Fair Sentencing Act for a ClassD through a Class J felony who meets statutory criteria and who has completed at least 20 years of imprisonment is eligible for consideration for parole. Effective when this act becomes law.

Amends GS 15A-622 to provide for the convening of an investigative grand jury when a petition alleges human trafficking, involuntary servitude, sexual servitude, and other specified violations of the state's criminal laws.

Codifies Section 15.3A of SL 2012-142, establishing the North Carolina Human Trafficking Commission in the Department of Justice, as GS 143A-55.10. Amends this section as follows: (1) addsLegal Aid of North Carolina tothe list of entities from whichthe President Pro Tempore is to appoint representatives; (2) adds the North Carolina Coalition Against Human Trafficking, a faith-based shelter or benefits organization providing services to victims of human trafficking, and a district attorney to the list of persons or entities from which the Speaker of the House of Representatives is toappoint representatives (removes a county sheriff's department and a city or town policy department); (3) directs the Governor to appoint one representativeeach from the Departments of Labor, Justice, and Public Safety and a health care representative (was, one representative from the public at large; and(4) removes the ex officio members from the Commission (was, Secretaries of Public Safety, Administration, Labor, Health and Human Services, and the NC Attorney General).

Provides that members are to serve two-year terms, are not prohibited from beingreappointed, andany appointed member is to serve until the member's successor is appointed and qualified (was, members were to serve until the Commission terminated). Providesthat the Governor is to appoint thechair biennially.Directs the Department of Justice to provide office space in Raleigh for use by the commission. Directs the Attorney General to allocate monies to fund the work of the Commission from the funds available to the Department of Justice. Deletes provision terminating the Commission as of December 31, 2014.

Except as otherwise indicated, provides that this act becomes effective October 1, 2013 (was, December 1, 2013)and applies to offenses committed on or after that date.

Amends the act's title.

Intro. by Goolsby, Barringer, Kinnaird. GS 115C, GS 7B, GS 14, GS 15A, GS 15B, GS 143A

The Daily Bulletin: 2013-06-27

LOCAL/HOUSE BILLS
H 292 (2013-2014) MORATORIUM/LAWSUITS FOR SCH. FUNDS (NEW). Filed Mar 12 2013, AN ACT TO ESTABLISH A MORATORIUM ON FILING OF ACTIONS BY CERTAIN LOCAL BOARDS OF EDUCATION CHALLENGING THE SUFFICIENCY OF LOCAL FUNDS APPROPRIATED TO THE PUBLIC SCHOOLS BY THE COUNTY BOARD OF COMMISSIONERS.

House committee substitute to the 2nd edition deletes all provisions of the 2nd edition and replaces it with the following.

Establishes the eight-member Study Committee on Music Therapy Licensure to study the regulation of persons offering music therapy services to the public and makes recommendations on licensure of music therapists. Specifies issues to be examined, including employment of music therapy professionals in the state, a code of ethics, and a state agency to which consumers can report grievances. Requires a report to the 2013 General Assembly when it reconvenes in 2014. Terminates the committee upon the earlier of filing its final report or the adjournment sine die of the 2013 General Assembly.

Update the act's titles to reflect the new bill content.

Intro. by Brody, Fisher, Insko, Warren. STUDY
H 568 (2013-2014) ASHEVILLE DEANNEXATION. Filed Apr 3 2013, A BILL TO BE ENTITLED AN ACT TO DEANNEX CERTAIN DESCRIBED TERRITORY FROM THE CITY OF ASHEVILLE.

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

Deletes the section stating that the act has no effect on the validity of any ABC permit issued or applied for before the effective date of the act.

Changes the effective date from June 30, 2013, to June 30, 2014.

Intro. by McGrady, Moffitt, Ramsey.Buncombe

The Daily Bulletin: 2013-06-27

LOCAL/SENATE BILLS
S 297 (2013-2014) WINSTON-SALEM/LOCAL DEVELOPMENT. Filed Mar 13 2013, A BILL TO BE ENTITLED AN ACT PROVIDING THAT THE CITY OF WINSTON-SALEM MAY UNDERTAKE CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES WITHOUT COMPLYING WITH THE STATE'S CONTRACT LAWS.

House committee substitute to the 2nd edition makes a technical correction.

Intro. by Parmon, Brunstetter.Forsyth
S 315 (2013-2014) MUNICIPAL SERVICES (NEW). Filed Mar 13 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT WHEN A PROPERLY SUBMITTED VOLUNTARY ANNEXATION PETITION IS DEFEATED BY VOTE OF THE MUNICIPAL GOVERNING BODY THE MUNICIPALITY MUST PROVIDE SOME MUNICIPAL SERVICES UPON PAYMENT OF DEFINED COSTS, TO LEGISLATIVELY ANNEX CERTAIN PROPERTY TO THE CORPORATE LIMITS OF THE CITY OF DURHAM THAT WAS PETITIONED FOR ANNEXATION, AMENDING THE CHARTER OF THE CITY OF DURHAM TO ALLOW THE CITY TO DELAY THE EFFECTIVE DATE OF VOLUNTARY ANNEXATIONS, AND TO AUTHORIZE THE CITY OF DURHAM TO USE DESIGN-BUILD DELIVERY METHODS FOR THE DESIGN AND CONSTRUCTION OF A POLICE HEADQUARTERS AND ANNEX FACILITY, TWO POLICE SERVICE CENTERS, AND A 911 FACILITY, AND AUTHORIZING THE COUNTY OF DURHAM TO CONSTRUCT WATER TREATMENT PLANT AND WASTEWATER TREATMENT PLANT PROJECTS WITHOUT COMPLYING WITH SPECIFIED PROVISIONS OF ARTICLE 8 OF CHAPTER 143 OF THE GENERAL STATUTES, AND CONCERNING NOTES OR DEEDS OF TRUST TO RESERVE WASTEWATER TREATMENT CAPACITY.

House committee substitute makes the following changes to the 4th edition.

Makes new GS 160A-328 effective June 1, 2013 (was, when it becomes law). Requires a property owner, whose petition for voluntary annexation failed, to agree to all the requirements contained in any utility extension agreement presented when the annexation ordinance failed in order for the municipality to be required to provide services. Prohibits the municipal governing boardfrom imposing more burdensomerequirements or commitments on the property owner that are inconsistent with the requirements and commitments that are contained in the utility extension agreement (was, provided a list of requirements and commitments considered to be more burdensome).

Clarifies the limitations as to the meaning of the term municipal services prior to the effective date of the annexation of the property. Provides that the provisions contained in the utility extension agreement continue as obligations of the agreement unless the city council relieves the property owner of the requirement or commitment. Provides that the requirements and commitments include, but are not limited to, the committed elements of a development plan in a zoning map case approved by the county where the property is located. Deletes provision prohibiting the municipality or the countyfrom changing the zoning designation of a property receiving municipal services without the consent of the property owner. Makes additional conforming changes.

Deletes provision that provided that if a court finds any portion of this act to be unconstitutional, then specifiedsections of this act arevoid.

Amends the bill title.

Intro. by McKissick, Woodard. Durham, GS 160A
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: 2013-06-27

PUBLIC BILLS

H 14: REV LAWS TECHNICAL, CLARIFYING, & ADMIN. CHG.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/08/2013

H 56: AMEND STATE CONTRACT REVIEW LAWS.

    Pres. To Gov. 6/27/2013

H 67: PERMANENT LICENSE PLATES FOR CHARTER SCHOOLS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 94: AMEND ENVIRONMENTAL LAWS 2013.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 110: PUBLIC CONTRACTS/PROJECT LABOR.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 137: REWARD AMT/ARREST OF FUGITIVE FROM JUSTICE.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 161: MANDATORY RETIREMENT AGE FOR MAGISTRATES.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 168: DIVISION OF ATTY'S FEES IN WORKERS' COMP (NEW).

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 176: CHARTER SCHOOL ELECTION.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 192: ALLOW ROW USAGE IN CENTRAL BUSINESS DISTRICTS.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 220: DESIGNATE NC FRAGILE X AWARENESS DAY.

    Pres. To Gov. 6/27/2013

H 232: STATE HEALTH PLAN/STATUTORY CHANGES.-AB

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 241: BLUE MONDAY SHAD FRY.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 250: CHARTER SCHOOL ENROLLMENT & CHARTER REVISIONS (NEW).

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 257: UNCLAIMED PROPERTY PROGRAM IMPROVEMENTS.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 259: HONOR EDWARD L. WILLIAMSON.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 296: OMNIBUS WILDLIFE RESOURCES COMMISSION ACT (NEW).

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 340: LIMITED LINES TRAVEL INSURANCE.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 343: COURTS/PROCEDURE AND FEE AMENDMENTS.-AB

    House: Concurred In S/Com Sub
    House: Ordered Enrolled
    Ratified
    Pres. To Gov. 6/27/2013

H 357: RETIREMENT GOVERNANCE CHANGES ACT OF 2013.-AB

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 358: RETIREMENT TECHNICAL CORRECTIONS.-AB

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 362: DEPT. OF PUBLIC SAFETY CHANGES.-AB

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 371: CHIROPRACTIC ASSISTANT CERTIFICATION/FEE.-AB

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 391: VOLUNTEER SERVICE IN RETIREMENT.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 392: WARRANT STATUS/DRUG SCREEN PUBLIC ASSIST (NEW).

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 402: TRICARE SUPPLEMENT FOR FLEX ACCOUNTS.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 428: NORTH CAROLINA SCHOOL BUS SAFETY ACT.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 450: CRIMINAL CONTEMPT/BAIL PROCEDURE (NEW).

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 462: INCREASE FAMILY COURT FEE.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 467: BREAST DENSITY NOTIFICATION & AWARENESS.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 492: SAFEGUARD QUALIFIED INDIVIDUALS-MEDICAID PCS (NEW).

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 510: FOSTER CARE CHILDREN'S BILL OF RIGHTS.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

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

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office
    House: Conf Rpt Withdrawn
    House: Reconsidered Concurrence
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 565: AMEND REAL ESTATE APPRAISERS' LAWS/FEES.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/09/2013

H 618: AMEND FIREARM RESTORATION LAW.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 683: COMMONSENSE CONSUMPTION ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 700: OMNIBUS STATE IT GOVERNANCE CHANGES.

    House: Withdrawn From Cal
    House: Re-ref Com On Appropriations Subcommittee on Information Technology

H 743: UI LAWS ADMINISTRATIVE CHANGES.

    Pres. To Gov. 6/27/2013
    Signed by Gov. 6/27/2013
    Ch. SL 2013-224

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

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 767: CORPORAL PRUITT RAINEY BRASS TO CLASS ACT.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 816: TOBACCO GROWERS ASSESSMENT ACT (NEW).

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 828: UPDATE PHYSICAL THERAPY PRACTICE ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 832: EXPAND PHARMACISTS' IMMUNIZING AUTHORITY.

    Ratified

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

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 895: UNC/MAHEC/HONOR REP. MARY NESBITT.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 917: ADOPT DUBLIN PEANUT FESTIVAL.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 951: ELIMINATE TAX DESIGNATION FOR POLITICAL PARTY.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 959: LARGE MFG. FACILITY EXTENSION/STUDY OF 1%/$80 (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Withdrawn From Cal
    House: Re-ref Com On Finance

H 982: MODIFY MEDICAID SUBROGATION STATUTE.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 1016: HONOR JAMES E. RAMSEY.

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1018: HONOR CHINA GROVE'S FOUNDERS.

    House: Reptd Fav. For Introduction
    House: Filed

S 103: AMEND ASSESSMENTS FOR INFRASTRUCTURE NEEDS (NEW).

    House: Withdrawn From Com
    House: Placed On Cal For 06/27/2013
    House: Passed 2nd Reading
    House: Reconsidered 2nd Reading
    House: Ref To Com On Finance

S 127: ENERGY/ECONOMIC DEVELOPMENT MODIFICATIONS (NEW).

    House: Passed 3rd Reading
    House: Ordered Engrossed

S 132: HEALTH CURRICULUM/PRETERM BIRTH.

    House: Amend Adopted A5
    House: Amend Tabled A6
    House: Passed 3rd Reading

S 159: REQUIRE CERTAIN GENERAL REAPPRAISALS.

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

S 168: CLARIFY EDUCATION REPORTING REQUIREMENTS.

    Pres. To Gov. 06/27/2013

S 174: DISAPPROVE INDUSTRIAL COMMISSION RULES.

    House: Serial Referral To Judiciary Subcommittee A Stricken
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 180: AUTO INSURANCE/ALLOW OPTIONAL ENHANCEMENTS.

    House: Assigned To Commerce and Job Development Subcommittee on Energy and Emerging Markets

S 181: AUTO INSURANCE/YOUNG DRIVER CLASSIFICATION.

    House: Assigned To Commerce and Job Development Subcommittee on Energy and Emerging Markets

S 205: ELIMINATE UNNECESSARY TESTING/ANIMAL WASTE.

    Ratified
    Pres. To Gov. 06/28/2013

S 231: MODIFY DUTIES/ADVISORY COUNCIL ON INDIAN EDUC.

    House: Conf Com Reported
    House: Placed On Cal For 07/01/2013
    House: Withdrawn From Cal
    House: Placed On Cal For 07/08/2013

S 261: SALES TAX ON PRIVATE RES. RENTED BY BROKER (NEW).

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

S 280: DCR/HISTORIC SITES/FEES (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

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

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Withdrawn From Cal
    House: Re-ref Com On Judiciary

S 337: NC CHARTER SCHOOL ADVISORY BOARD (NEW).

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Postponed To 07/08/2013

S 399: CRIMINAL DEFENDANT MAY WAIVE JURY TRIAL.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 426: CHANGE DEADLINE/AUDITEE RESPONSE.-AB

    House: Re-assigned To Regulatory Reform

S 444: UNC/CHEROKEE LANGUAGE.

    House: Placed On Cal For 07/09/2013

S 480: UNC CAPITAL IMPROVEMENT PROJECTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 485: UNC/REPORT/E-COMMERCE/IMPROVEMENTS (NEW).

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 488: AMEND NURSING HOME ADMINISTRATOR ACT/FEES.

    House: Rec From Senate

S 490: EXCLUDE CUSTOM SOFTWARE FROM PROPERTY TAX (NEW).

    Senate: Rec To Concur H Com Sub
    Senate: Placed on Today's Calendar
    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled

S 547: ENERGY SAVINGS CONTRACTING AMENDMENTS.

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

S 613: CREATE MILITARY AFFAIRS COMMISSION.

    Ratified
    Pres. To Gov. 06/28/2013

S 635: TRANSMISSION LINE OWNERSHIP.

    Ratified
    Pres. To Gov. 06/28/2013

S 638: NC FARM ACT OF 2013.

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

S 640: NO INCOME TAX WITHHOLDING ON H2A WORKERS.

    House: Rec From Senate

S 659: MAP 21 CONFORMING REVISIONS.-AB

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

S 683: SAFE HARBOR/VICTIMS OF HUMAN TRAFFICKING.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 709: DOT STUDY 75 MPH SPEED/DEVELOP PILOT PROPOSAL (NEW).

    House: Failed 2nd Reading

S 717: MV SAFETY INSPECTOR/MV LICENSING LAW CHANGES (NEW).

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

Actions on Bills: 2013-06-27

LOCAL BILLS

H 107: EASTERN REGION/DISBURSEMENT OF FUNDS (NEW).

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 143: EDEN PAYMENT IN LIEU OF TAXES.

    Ratified
    Ch. SL 2013-216

H 196: WS/FC SCHOOL BOARD VACANCIES.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 261: KANNAPOLIS/DEANNEXATION.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled
    Ratified
    Ch. SL 2013-212

H 292: MORATORIUM/LAWSUITS FOR SCH. FUNDS (NEW).

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 302: REPEAL KANNAPOLIS ANNEXATION.

    Ratified
    Ch. SL 2013-217

H 318: WINSTON-SALEM/SEISMIC CODES.

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

H 334: BUNCOMBE CTY LOTTERY FUND USE EXPANSION (NEW).

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

H 347: AMEND GREENSBORO FIRE RETIREMENT/CHARTER (NEW).

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

H 404: CAMDEN LOCAL STORMWATER FEES.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 409: SHELBY DEANNEXATION.

    Ratified
    Ch. SL 2013-218

H 412: EDEN/DUKE ENERGY/ANNEXATION AGREEMENT.

    Ratified
    Ch. SL 2013-219

H 418: BUNCOMBE CULTURE & REC. AUTHORITY (NEW).

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 421: MARSHVILLE DEANNEXATION.

    House: Concurred On 3rd Reading
    House: Ordered Enrolled
    Ratified
    Ch. SL 2013-213

H 441: ROBESON COUNTY DRAINAGE DISTRICT.

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

H 490: LEE COUNTY ELECTIONS.

    Ratified
    Ch. SL 2013-220

H 526: CHADBOURN VOLUNTARY ANNEXATION.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled
    Ratified
    Ch. SL 2013-214

H 529: EDGECOMBE COUNTY OCCUPANCY TAX AUTHORIZATION.

    Senate: Withdrawn From Cal
    Senate: Held in Senate Clerk's Office

H 544: WILMINGTON CHARTER/CIVIL SERVICE COMMISSION.

    Ratified
    Ch. SL 2013-221

H 551: AMEND WILMINGTON FIREFIGHTERS' RELIEF FUND.

    Ratified
    Ch. SL 2013-222

H 553: AMEND CARTERET CO. OCCUPANCY TAX.

    Ratified
    Ch. SL 2013-223

H 567: LUMBERTON DEANNEXATION.

    House: Concurred On 3rd Reading
    House: Ordered Enrolled
    Ratified
    Ch. SL 2013-215

H 568: ASHEVILLE DEANNEXATION.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Passed 2nd Reading
    House: Postponed To 07/08/2013

H 569: FOXFIRE/SATELLITE ANNEXATIONS.

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

S 177: HOOKERTON/MAYSVILLE SATELLITE ANNEXATIONS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Passed 2nd Reading
    House: Postponed To 07/08/2013

S 297: WINSTON-SALEM/LOCAL DEVELOPMENT.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 315: MUNICIPAL SERVICES (NEW).

    House: Reptd Fav Com Sub 3
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/27/2013
    House: Amend Failed A1
    House: Passed 2nd Reading
    House: Postponed To 07/08/2013

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