AN ACT ADDRESSING PERMISSIBLE GUARDIANSHIP ROLES FOR CORPORATIONS AND INDIVIDUALS THAT PROVIDE MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE SERVICES. Enacted July 10, 2013. Effective July 10, 2013.
The Daily Bulletin: 2013-07-11
|Intro. by Jones, Avila, Glazier, Turner.||GS 35A|
House committee substitute to the 2nd edition is to be summarized.
|Intro. by Warren, Jordan, B. Brown, Collins.||GS 14, GS 15A, GS 20, GS 58, GS 64, GS 108A, GS 143, GS 147, GS 148, GS 153A, GS 160A|
House committee substitute makes the following changes to the 1st edition.
Amends the short title.
Amends proposed GS 87-15.23, requiring roofing contractors to be licensed by the State Licensing Board (Board) for General Contractors (previously, only required roofing contractors to be registered as roofing contractors to do business in North Carolina). Makes conforming changes throughout the act reflecting the change to becoming licensed as a roofing contractor in lieu of registering as one. Provides that roofing contractors cannot seek to be licensed as a roofing contractor under a different name during periods where the contractor's license is suspended or revoked. Provides that a suspension or revocation of a corporate or business entity is considered to be the suspension or revocation of all owners, employees, or affiliates of the entity.
Makes clarifying changes to proposed GS 87-15.24, Exemptions, and provides that the provisions of the new proposed Article do not apply to licensed NC general contractors.
Amends proposed GS 87-15.25, Requirements for licensure; issuance, requiring applicants to submit to the Board a sworn statement of the applicant's experience and qualification as a roofing contractor (was, submit proof that the applicant has at least five years of experience as a roofing contractor). Provides that a roofing contractor's license is suspended on the date that the required liability insurance policy is canceled or lapses for nonpayment of premiums and cannot be restored without proof of an active insurance policy.
Reduces the fee amounts charged for licensure in proposed GS 87-15.27 and deletes the listing and fee for a corporate license.
Amends proposed GS 87-15.29, concerning limitations of the license, requiring a roofing contractor to submit the contractor's license number when applying for any state or local permits for work on the contractor's own property, and to display the license number on all signs, cards, correspondence, estimates, contracts, and commercial vehicles used in connection with the roofing services. Makes a clarifying change.
Amends proposed GS 87-15.30, directing the Board to establish on the internet or other publicly accessible technology a system which can be used to verify the license status of every licensed roofing contractor. Sets out the information required to be provided on the system.
Amends proposed GS 87-15.31, concerning disciplinary action for licensees, providing that violations of any provision of GS Chapter 75, Article 8, can result in the denial, restriction, suspension, or revocation of a license. Makes a clarifying change. Provides that the Board can determine that a licensee is not in good standing on the basis of violations of the provisions in GS Chapter 87 and violations of GS Chapter 75, Article 8, in addition to the violation of any rules adopted by the Board.
Amends proposed GS 87-15.32, concerning complaints, making technical deletions and clarifying changes. Also deletes language that stated that a complaint will still be referred to the NC Attorney General's Consumer Protection Division even if a response is not received.
Amends proposed GS 87-15.33, concerning criminal history record checks, providing that no license will be issued to an applicant that refuses to consent to a criminal history record check. Makes a clarifying change.
Enacts new GS 87-15.34, Roofing contractor's agent for service of process, making the Secretary of State the agent for service of process for any applicant that is not a resident of North Carolina, except for foreign corporations, LLCs, limited liability partnerships, and foreign limited partnerships authorized to do business in North Carolina and having a current licensed agent and address on file with the Secretary of State.
Enacts new GS 87-15.35, Roofing Contractor License Revolving Fund, establishing said Fund and providing that fees collected by the Board under GS Chapter 87, Article 1B, for roofing contractors will be deposited in the Fund to be used by the Board for the implementation of GS Chapter 87, Article 1B.
Amends proposed GS 75-140, concerning definitions for GS 75, Article 8, Roofing Contractors, making a clarifying change.
Deletes the following proposed statutes:
GS 75-142, Registration required; penalty.
GS 75-146, Roofing contractor's agent for service of process.
GS 75-147, Application for building permits; disclosure of registration certificate number.
GS 75-148, Verification of roofing contractor's registration number to enforcement officials and public.
GS 75-149, Roofing Contractor Registration Revolving Fund.
Makes conforming and reorganizational changes.
Amends proposed GS 75-142, concerning prohibited conduct, prohibiting roofing contractors from offering rebates of insurance deductibles, discounts, or any compensation to the consumer in order to induce sales as well as prohibiting the contractor from offering to obtain an assignment of benefits on any insurance claim.
Prohibits an adjuster or a public adjuster from acting as a roofing contractor.
Amends proposed GS 75-143, concerning the requirement of a written contract, making a technical deletion.
The Daily Bulletin: 2013-07-11
House committee substitute to the 4th edition makes the following changes.
Amends GS 160A-174 and GS 153A-121 to add that the limitation in (b)(5a) also does not apply to an ordinance if adoption of the ordinance was and continues to be required by (1) a unique geographic, meteorological, or environmental condition and the city/county complies with the requirements of new (d) or (2) a condition necessary to achieve discounted flood insurance rates under the National Flood Insurance Program. New (d) allows a city/county to adopt an ordinance more stringent than state or federal statutes or regulation if the following requirements are met: (1) the ordinance addresses a unique geographic, meteorological, or environmental condition that can be demonstrated by substantial evidence and that is not adequately met by the less stringent statue or regulation; (2) the ordinance was adopted by a three-fourths vote; and (3) before the ordinance becomes effective, it is demonstrated that a more stringent requirement is necessary and in the best interest of the public health or safety; the ordinance must not become effective unless the environmental agency approves it within 30 days of receipt.
Deletes changes to GS 20-4.01 and GS 20-7 concerning school buses for agricultural purposes.
Amends GS 160A-194 and GS 153A-134 to add that the statutes do not authorize a city/county to regulate and license digital dispatching services for prearranged transportation services for hire. Amends GS 160A-211 and GS 153A- 152 to add that a city/county may not impose a license, franchise, or privilege tax on a person engaged in digital dispatching services for prearranged transportation services for hire. Amends GS 160A-304 to provide that GS Chapter 160A does not authorize a city to adopt an ordinance doing any of the six listed items, including: (1) requiring licensing or regulation of digital dispatching services for prearranged transportation services for hire connected with vehicles operated for hire in the city if the business does not own or operate the vehicles for hire in the city; (2) setting a minimum rate or minimum increment of time used to calculate a rate for prearranged transportation services for hire; (3) requiring an operator to use a particular formula or method to calculate rates charged.
Amends GS 58-36-105(b) to provide that workers' compensation, or employers' liability insurance in connection with a policy of workers' compensation insurance, cancellation is not effective unless written notice is given to the insured no less than 15 days before the proposed effective date of the cancellation. Allows the notice to be given (was, required to be given) by registered or certified mail, return receipt requested. Adds that notice of cancellation, termination, or nonrenewal may also be given by any method permitted for service of process under Rule 4 of the NC Rules of Civil Procedure. Enacts new GS 58-2-255 to provide that when any insurance law of the state, except for cancellation, termination, or nonrenewal of workers' compensation under GS 58-36-105(b) requires a communication to be provided to a party in writing, signed by a party, provided by means of a specific delivery method, or retained by an insurer, those requirements are met if the insurer complies with Article 40 of GS Chapter 66. Provides that verification of communications delivered by electronic means constitutes proof of mailing in civil and administrative proceedings and under the state's insurance laws. Provides that a recording of an oral communication between an insurer and a party that is reasonably stored and reproduced by an insurer constitutes an electronic communication or record. Amends GS 97-19 to prohibit any principal contractor, intermediate contractor, or subcontractor who sublets any contract for the performance of work from being held liable to any employee of such subcontract if (1) the subcontractor has a worker's compensation insurance policy in effect on the date of the injury or (2) the policy expired or was cancelled before the date of the injury if the principal contractor, intermediate contractor, or subcontractor obtained a certificate at any time before subletting the contract to the subcontractor and was unaware of the expiration or cancellation. Effective when the act becomes law and applies to insurance policies and certificates of insurance in effect on or after that date.
Deletes changes to GS 20-118(c) concerning exceptions to weight limits for transportation of certain agricultural material.
|Intro. by Jackson.||GS 116, STUDY, GS 58, GS 95, GS 97, GS 106, GS 130A, GS 136, GS 143, GS 150B, GS 153A, GS 160A|
House committee substitute to the 3rd edition deletes the provisions of the 3rd edition and replaces it with the following.
Part I. Improve Rule-Making Process
Amends GS 150B-2 to define policy as any nonbinding interpretive statement within the delegated authority of an agency that merely defines, interprets, or explains the meaning of a statute or rule.
Amends GS 150B-21.4 to require an agency to obtain certification that funds required by a proposed rule change are available from the Office of State Budget and Management before adopting a permanent rule change that would require the expenditure or distribution of funds subject to the State Budget Act. Requires the agency to submit the text of the proposed rule change, analysis of the change, and a fiscal note on the change at the time the agency submits the notice of text for publication. Also requires that the analysis made to determine if the rule will result in increased DOT costs that must be done when an agency adopts a rule affecting environmental permitting of Department of Transportation (DOT) projects be conducted and submitted to the Board of Transportation when the agency submits the notice of texts for publication (was, before the agency publishes the proposed text). Makes conforming changes triggering other text and fiscal note submissions before an agency adopts a permanent rule change (was, before an agency publishes the proposed text). Changes the definition of substantial economic impact to mean an aggregate financial impact on all persons affected of at least $3 million (was, at least $500,000) in a 12-month period.
Amends GS 150B-21.2(c) to require the notice of the proposed text of a rule to include the text of the proposed rule, unless the rule is a readoption without substantive change to the existing rule proposed in accordance with GS 150B-21.3A (was, required the text of the proposed rule).
Enacts new GS 150B-21.3A to provide that any rule for which the agency that adopted the rule has not conducted a review in accordance with the statute will expire on the date set in the schedule established by the Rules Review Commission (Commission) pursuant to the statute. Requires each agency subject to Article 2A to conduct a review of the agency's existing rule at least once every ten years in accordance with the following specified process. Requires the agency to analyze each existing rule and decide whether the rule is necessary with substantive public interest, necessary without substantive public interest, or unnecessary. The determination is to be posted and open to public comment. After reviewing and assessing the merits of the public comments, the agency must report to the Commission. The Commission must review the reports and if there is a comment on a rule the agency has determined to be necessary and without substantive public interest or unnecessary, the Commission must decide whether the comment has merit; if the comment does have merit, the rules must be designated as necessary with substantive public interest. Requires the Commission to report final determinations to the Joint Legislative Administrative Procedure Oversight Committee (Committee) for consultation. Provides that the final determination report does not become effective until that agency has consulted with the Committee. Provides for when the Committee does not hold the consultation meeting within 60 days and for the role of the General Assembly when the Committee disagrees with a determination.
Requires the Commission to establish a schedule for the review of existing rules according to the statute on a decennial basis by assigning each title of the Administrative Code a date by which the review must be completed. Provides that if the agency does not conduct the review by the set date, the rules in that title will expire.
Allows an agency to subject a rule that it determines to be unnecessary to review under the statute at any time by notifying the Commission that it wants to be placed on the schedule for the current year.
Provides that if proposed GS 150B-21.3A becomes law, the Rules Review Commission (RRC) must subject rules adopted by the Environmental Management Commission related to surface water quality and wetlands to review in the first year that that the RRC establishes for the review of existing rules.
Repeals GS 150B-19.2 (review of existing rules).
Requires the Joint Legislative Administrative Procedure Oversight Committee to undertake a study of the exemptions from rule-making in GS 150B-1(d) and elsewhere in the statutes. Requires each exemption to be evaluated for the continued need and potential consequences of repeal of the exemption. Requires a report to the 2014 Session of the 2013 General Assembly.
Part II. State and Local Government Regulations
Amends GS 153A-348 and GS 160A-364.1 to add that when a use constituting a violation of a zoning or unified development ordinance is in existence prior to adoption of the zoning or unified development ordinances creating the violation and that use is grandfathered and then terminated, a county or city must bring an enforcement action within 10 years of the date of the termination of the grandfathered status, unless the violation poses an imminent hazard to health or public safety.
Amends GS 153A-449 and GS 160A-20.1 (both concerning contracts with private entities) to add that a county or city may not require a private contractor under the statute to abide by any restriction that the city our county could not impose on all of its employers as a condition of bidding on a contract.
Above provisions in Part II are effective when the act becomes law and apply to zoning and unified development ordinances adopted before, on, or after the effective date of this act and to contracts entered on or after that date.
Amends GS 153A-340 and GS 160A-381 to add that a zoning or unified development ordinance may not differentiate in terms of the regulations applicable to fraternities or sororities between those that are approved or recognized by a college or university and those that are not.
Enacts new GS 116-40.11 providing that any student enrolled at a constituent institution who is accused of a violation of the disciplinary or conduct rules of the constituent institution has the right to be represented by a licensed attorney or nonattorney advocate who may fully participate during any disciplinary procedure or other procedure adopted and used by the constituent institution regarding the alleged violation. Provides that a student does not have the right to be represented by a licensed attorney or nonattorney advocate if the institution has implemented a Student Honor Court that is fully staffed by students to address such violations for any allegation of academic dishonesty. Also gives student organizations recognized by a constituent institution that are accused of a violation of the disciplinary or conduct rules of the institution the right to be represented by a licensed attorney or nonattorney, except when the institution has implemented a Student Honor Court fully staffed by students to address such violations. Effective when the act becomes law and applies to all allegations of violations beginning on or after August 1, 2013.
Amends GS 130A-247 to amend the definition of private club to include an organization that meets the definition of a private club in GS 18B-1000(5).
Amends GS 136-133.1 to allow the Department of Transportation, at the request of the selective vegetation removal permittee, to approve plans for the cutting, thinning, pruning, or removal of vegetation outside of the cut or removal zone along acceleration or deceleration ramps if the view to the ad will be improved and the total aggregate area of cutting or removal does not exceed the maximum allowed in the statute. Allows tree branches within a highway right of way that encroach into the zone created by points A, B, D. and E (was, points A, C, and D).
Enacts new GS 136-131.2 to prohibit a city, county, local or regional zoning authority, or other political subdivision from, without paying just compensation, regulating or prohibiting the repair or reconstruction of any outdoor advertising for which there is in effect a valid DOT permit as long as the square footage of the advertising surface area is not increased.
Requires the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to amend its Records Retention and Disposition Schedule Manual to provide that if a Medicaid service has been eliminated by the state, the provider must retain records for two years after the last date of the service, unless a longer period is required under federal law. Allows records to be destroyed or transferred, at the termination of that time period, to a state agency or contactor identified by the Department of Health and Human Services.
Requires the Joint Legislative Program Evaluation Oversight Committee to include in the 2013-14 Work Plan for the Program Evaluation Division a study to evaluate the structure, organization, and operation of the various independent occupation licensing boards. Specifies issues to be included in the study. Requires the Program Evaluation Division to report to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Administrative Procedure Oversight Committee at a time to be determined. Effective when the act becomes law.
Amends GS 97-78 to allow the Industrial Commission to appoint an administrator whose duties are prescribed by the Commission and makes them no longer subject to the State Personnel System. Also no longer requires the executive secretary to be subject to the State Personnel System. Amends GS 97-79(b) to provide that deputies appointed by the Industrial Commission are not considered hearing officers.
Enacts new GS 160A-203 and GS 153A-145.1, both titled Certain ordinances prohibited, providing that no city or county can enact or enforce an ordinance, rule, or regulation that requires an employer to assume financial, legal, or other responsibility for the mitigation of the impact of their employees' commute or transportation to or from the workplace that may result in the employer being subject to a fine, fee, or other monetary, legal, or negative consequences.
Amends GS 160A-174(b), adding that an ordinance is also not consistent with state or federal law when it (1) regulates a field that is also regulated by state or federal statutes enforced by, or a regulation promulgated by, an environmental agency and (2) is more stringent than the state or federal statute or regulation. Also amends GS 153A-121(a1) to include the above new limitation regarding consistency of ordinances as well as incorporate the other six existing limitations as found in GS 160A-174(b). Provides that cities or counties, except for the restriction prohibiting more stringent regulations enforced by environmental agencies, are not precluded from requiring a higher standard of conduct or condition for stand-alone state or federal laws.
Enacts new GS 160A-174(c) and GS 153A-121(a2), providing that the limitation set out above does not apply to ordinances of cities, towns, or counties if they are or continue to be required by one of the following: (1) a serious and unforeseen threat to the public health, safety, or welfare; (2) an act of the General Assembly or U.S. Congress that expressly requires the city or county to adopt an ordinance; (3) a provision in federal or state budget policy; (4) a federal regulation required to be adopted or administered by the state; or (5) a court order.
Enacts new GS 160A-174(d) and GS 153A-121(a3), specifying which entities are considered environmental agencies for the purposes of promulgating state and federal regulations as they apply to ordinances that are not consistent with regulations.
Repeals GS 160A-385(a), regulations concerning qualified protests against zoning map changes.
Part III. Business and Labor Regulations
Amends GS 130A-247, concerning bed and breakfast establishments, adding and defining a bed and breakfast home, a new category, as a business in a private home of not more than eight guest rooms that offers bed and breakfast accommodations for a period of less than one week. Also sets out four criteria that must also be met for a business to be considered a bed and breakfast home, including not serving food or drink to the general public for pay and serving breakfast, lunch, and dinner, or a combination, only to overnight guests in the home. Amends GS 130A-248(a2), making conforming changes and directing the Commission for Public Health to adopt rules to govern the sanitation of bed and breakfast homes as well as bed and breakfast inns, ensuring that they do not unreasonably interfere with the business operations thereof. Effective October 1, 2013.
Amends various provisions of Article 89A of GS Chapter 58 governing the licensure requirements for Professional Employer Organizations (PEOs) as follows:
Repeals GS 58-89A-5(8) defining hazardous financial condition.
Amends GS 58-89A-50 to change the surety bond requirement under subsection (a) from the existing formula based on the applicant's prior year compensation to a flat amount of $100,000. Provides that an applicant whose current assets do not exceed current liabilities pursuant to GS 58-89A-60(b) must file an additional surety bond or other items as set forth in subsection GS 58-89A-5(f), equal to or in excess of current liabilities, less current assets. Deletes subsection (d) (which prohibits a licensee from requiring a client to contribute to the licensee's surety bond payment).
Amends GS 58-89A-60(b), providing that every applicant must file with the Commissioner of Insurance (Commissioner) an audited GAAP financial statement, prepared as of a date not more than 90 days before the application, that demonstrates that the applicant or licensee's current assets exceed current liabilities. Sets out the requirements for the GAAP financial statement, including that it must be audited by an independent certified public accountant licensed to practice in the jurisdiction in which the accountant is located and that the accountant cannot have qualification as to the going concern status of the PEO. Provides that a PEO group can submit combined or consolidated audited financial statements to meet the above requirements, except for PEOs that do not have sufficient operating history.
Amends GS 58-89A-85, concerning the supervision, rehabilitation, and liquidation of a licensee, requiring the Commissioner to proceed in two specified manners if it is determined that a licensee is bankrupt (previously, specified manners to proceed if it was determined the licensee was bankrupt or in a hazardous financial condition).
Amends GS 58-89A-95, concerning agreements of PEOs, deleting subsection (c), which established certain notice requirements that the licensee must give to employees, and deletes language in subsection (b), which set out timeliness requirements for the written notice required in the same subsection.
Amends GS 58-89A-100, regarding contract requirements, providing that, unless otherwise expressly agreed to by a professional employer organization and a client company in a PEO agreement, the client company retains the exclusive right of direction and control over the assigned employees as is necessary to conduct the client company's business. Also provides that the licensee will have the right to hire, discipline, and terminate an assigned employee in accordance with the licensee's responsibilities under GS Chapter 58 and a PEO agreement. Establishes that the client company has the right to hire, discipline, and terminate an assigned employee.
Amends GS 58-89A-145, concerning examinations of licensees, providing that the reasonable cost of an examination, including fees related to attorneys, appraisers, and so forth can only be recovered pursuant to GS 58-89A-65(d).
Repeals GS 58-89A-155(a)(4), concerning notice requirements under GS 58-50-40.
These sections, concerning PEO Act amendments, become effective October 1, 2013.
Amends GS 110-90.2(a), concerning mandatory child care providers' criminal history checks, adding a new term and definition for the section provisional provider, which is defined to mean an employee that has started the preservice criminal records check process to be hired and is waiting for a determination letter from DHHS. Such a provider can be hired and begin orientation and training, as well as counted in the staff-to-child ratio, as long as the provisional provider is accompanied by a qualified child care provider during supervision of children and is clearly identifiable as a provisional provider. Existing employees subject to a records check every three years are treated as provisional providers during the pendency of the criminal record check process. Adds news subsection GS 110-90.2(h), requiring the check of the State and National Repositories for criminal history of a person and directed to the SBI must be completed within 15 calendar days of the receipt of the request from DHHS and the criminal history check of a person to be conducted by the DHHS must be completed within 15 calendar days of the receipt of the application from the child care provider.
Amends GS 20-4.01, definitions for statutes regarding motor vehicles, providing that the Class C Motor Vehicle classification also includes a vehicle originally manufactured as a school bus that is in operation for agricultural purposes with a gross vehicle weight less than 26,501 pounds. Amends GS 20-7(a), concerning drivers' licenses, providing that a Class C license is required to operate the above mentioned repurposed Class C school bus.
Enacts GS 95-28.4, concerning veterans' preference for employment in North Carolina, providing that a private, nonpublic employer in North Carolina can provide a preference to a veteran for employment. Also allows spouses of honorably discharged veterans that have service-connected permanent and total disability to also receive the preference for employment. Provides that this preference does not violate any state or local law.
Amends GS 95-79, concerning certain illegal agreements between employers and labor unions/organizations, making organizational changes and enacting a new subsection (b), which provides that provisions that directly or indirectly condition the purchase of agricultural products or the terms of the agreement on an agricultural producer's status as a union or nonunion employer or willingness to enter into an agreement with a labor union/organization is invalid and unenforceable as against public policy. Defines agricultural producer as any producer engaged in any service or activity included within specified federal provisions.
Amends GS 20-118(c), concerning weight limits for transportation of certain agricultural material, expanding certain exemptions allowed to the weight limitations of GS 20-118 (b) and (e) to also require the vehicles to be transporting feed ingredients being transported to a livestock or poultry feed manufacturing or compounding facility as well as livestock and poultry by-products that are being transported from a livestock or poultry slaughter or processing plant.
Amends GS 153A-340(b) to add the production and activities relating to or incidental to the production of grains to the list of bona fide farm purposes. Provides that for the purposes of subdivision (2) of this section, the clause "when performed on the farm," as used in GS 106-581.1(6), includes the farm within the jurisdiction of the county and any other farm that is owned or leased to, or from others, by the bona fide farm operator, no matter where the farm is located.
Amends GS 106-581.1 to expand the definition of the terms agriculture, agricultural, and farming to also refer to a public or private grain warehouse or warehouse operation where grain is held 10 days or longer, including, but not limited to, all buildings, elevators equipment, and warehouses consisting of one or more warehouse sections and considered a single delivery point with the capability to receive, load out, weigh, dry, and store grain.
Enacts new GS 97-5.1 to create a rebuttable presumption that any person who operates and has an ownership or leasehold interest in a passenger motor vehicle that is operated as a taxicab is an independent contractor for purposes of GS Chapter 97 and not an employee as defined in GS 97-2. Provides that the presumption that taxicab drivers are independent contractors is not rebutted solely (1) because the operator is required to comply with rules and regulations imposed on taxicabs by the local governmental unit that licenses companies, taxicabs, or operators or (2) because a taxicab accepts a trip request to be at a specific place at a specific time. However, declares that the presumption can be rebutted by application of the common law test for determining employment status. Defines passenger motor vehicle that is operated as a taxicab according to passenger capacity and services provided and also defines the terms lease and leasehold as they are used in this section. Effective when the act becomes law and applies to persons affected on or after that date.
Part IV. Environmental and Public Health Regulations
Amends GS 130A-309.57 to prohibit permitted scrap tire collectors from contracting with a scrap tire processing facility unless the processing facility can document that it has access to a facility permitted to receive the scrap tires (was, required the Commission to adopt a rule to implement this prohibition).
Current law provides that the North Carolina State Building Code (Code) may contain provisions requiring the installation of carbon monoxide detectors in every dwelling unit with a fossil-fuel burning heater, appliance, or fireplace, and any dwelling unit with an attached garage. Amends GS 143-138 to require that the Code also contain requirements for installing electrical carbon monoxide detectors at lodging establishments. Provides that violations under this subsection are punishable in accordance with subsection (h) of this section and GS 143-139. Adds to the specified criteria for carbon monoxide detectors installed in dwelling units and in lodging establishments.
Provides that the definitions in GS 143-212, 15A NCAC 02T .0103 and 15A NCAC 02T .1302 apply to Section 27 of this act, regarding the lagoon closure rule. Directs the Environmental Management Commission (EMC) and the Department of Environment and Natural Resources (DENR) to implement the closure requirements of 15 NCAC 02T .1306 as provided in Section 27(c) of this act until the effective date of the revised permanent rule that the EMC is required to adopt under Section 27(d) of this act. Provides criteria regarding permit rescission in Section 27(c) of this act. Provides for additional rule-making authority for the EMC in Section 27(d) of this act, directing the EMC to adopt a rule to amend 15 NCAC 02T .1306 (closure requirements) consistent with Section 27(c) of this act. Provides that Section 27(c) of this act expires on the date that the rules pursuant to Section 27(d) of this act become effective. Directs the EMC and DENR to implement 15A NCAC 02T .1302 (definitions) as provided in Section 28(b) of this act until the effective date of the revised permanent rule that the EMC is required to adopt under Section 28(c) of this act. Directs the EMC to adopt a rule to amend 15A NCAC 02T .1302 that is consistent with Section 28(b) of this act. Provides that Section 28(b) of this act expires on the date that rules adopted under Section 28(c) of this act become effective.
Provides that the definitions set out in GS 143-212 and 15A NCAC 02U .0103 apply in Section 29 of this act. Requires the EMC and DENR to implement 15A NCAC 02U .0701 (setbacks) as provided in Section 29(c) of this act, until the effective date of the revised permanent rule that Section 29(d) requires the Commission to adopt. Provides additional criteria regarding implementation and conferring additional rule-making authority on the EMC. Provides that Section 29(c) of this act expires on the date that rules adopted under Section 29(d) of this act become effective.
Directs the Commission for Public Health (CPH) to amend and clarify its rules for the implementation of a smoking ban in restaurants and bars no later than January 1, 2014. Requires that the rules ensure consistent interpretation and enforcement and declares that the rules must specifically clarify the definition of enclosed areas for purposes of implementation. Exempts rules adopted under this section from the requirements of GS 150B-21.4, provides that they are not subject to Part 3 of Article 2A of GS Chapter 150B, and makes them effective as provided in GS 150B-21.3(b1). Requires the EMC to report on its progress in clarifying and amending the rules to the Joint Legislative Oversight Committee on Health and Human Services no later than November 1, 2013.
Includes a severability clause to provide that if any provisions of the proposed act or its application are held to be invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provisions or applications.
Except as otherwise provided, makes this act effective when it becomes law.
|Intro. by Jackson.||GS 116, STUDY, GS 20, GS 58, GS 95, GS 97, GS 106, GS 130A, GS 136, GS 143, GS 150B, GS 153A, GS 160A|
House amendments makethe following changes to the 5th edition.
Amendment #1 makes the following changes.
Amends GS 150B-21.4(b1) to provide that the term substantial economic impact as used in this subsection means an aggregate financial impact on all persons affected of at minimum $1 million (was, $3 million) in a 12-month period.
Amends new GS 150B-21.3A, adding new subsection (d1) to provide that rules adopted to conform to or implement federal law do not expire as provided by this section.Makes a conforming change to subsection (b) regarding the automatic expiration of rules. Directs the Rules Review Commission to make an annual report to the Joint Legislative Administrative Procedure Oversight Committee on any rules that do not expire under subsection (d1). Also makes a conforming change to subsection (d) regarding the subsection (d1)provision that rules adopted to conform to or implement federal law do not expire as provided by this section. Deletes requirement that the Commission must establish a schedule for the review of existing rules in accordance with this section on the effective date of this act.
Provides that subsection (c) of new GS 116-40.11 is effective when it becomes law and applies to all allegations of student violations of the disciplinary or conduct rules of a constituent institution beginning on or after the effective date (was, beginning on or after August 1, 2013).
Makes a technical change, recodifying proposed GS 160A-203 as GS 160A-204.
Amends GS 160A-174(b)(5a) to provide that a city ordinance is not consistent with state or federal law when the ordinance regulates a field that is also regulated by a state or federal statute enforced by an environmental agency and the ordinance is more stringent that the state or federal statute. Enacts new subdivision (5b) to provide that a city ordinance that is more stringent than an environmental agency'srule regulating that field isnot consistent with state or federal law. Makes conforming changes to reflect the addition of subdivision (5b). Provides in subsection (c) of this section that the limitations set out in subdivisions (5a) and (5b) do not apply to any ordinance if the adoption of the ordinance was and continues to be required in response to a serious threat to the public health, safety, or welfare that is related to local conditions and not adequately addressed in statewide statutes and rules adopted or enforced by an environmental agency. Makes additional technical changes.
Amends GS 153A-121 regarding county ordinances and requiring that those ordinances to be consistent with the Constitution and laws of North Carolinaand the United States. Clarifies that a county ordinance is not consistent with state or federal law (1) when the ordinance regulates a field also regulated by a state or federal statute enforcedby an environmental agency and the ordinance is more stringent than the state or federal statuteor(2) when the ordinance regulates a field that is also regulated by a rule adopted by an environmental agency and the ordinance is more stringent than the rule. Provides that these limitations do not apply to any ordinance if the adoption of the ordinance was and continues to be required in response to a serious threat to the public health, safety, or welfare that is related to local conditions and not adequately addressed in statewide statutes and rules adopted or enforced by an environmental agency. Makes additional technical changes.
Repeals GS 160A-386, in addition to GS 160A-385(a) (repealed in previous edition), regulations concerning qualified protests against zoning map changes. Provides that these changes are effective when the act becomes law and donot invalidate or otherwise affect any protest pending on the effective date of this section.
Deletes proposed new subsections GS 160A-211(e) and GS 153A-152(c), creating a prohibition on imposing a license, franchise, or privilege tax on persons engaged in the business of digital dispatching services for prearranged transportation services for hire.
Amends the effective date for proposed subsection GS 97-5.1, presumption that taxicab drivers are independent contractors, providing that the new section is effective when it becomes law and applies to causes of action arising on or after that date (was, applies to persons affected on or after that date).
Makes organizational changes to Section 26, GS 143-138, NC State Building Code.
Amends GS 130A-248(g), Regulation of food and lodging establishments, to require all hotels, motels, tourist homes, and other establishments that provide lodging for pay to have carbon monoxide detectors installed in specified locations. Sets out four specifications that installed carbon monoxide detectors must meet, including receiving primary power from the building's wiring and receiving power from a battery when primary power is interrupted. Provides that detectors can be combined with smoke detectors if the combined detector meets the specifications and requirements of this subdivision. Amends GS 130A-248(b), providing that the permit required by this subsection can only be issued once all of the requirements of subsection (g), as described above, are satisfied, effective October 1, 2013.
Directs the Environmental Review Commission to study the statutory models for establishing, operating, and financing certain organizations that provide water and sewer services in the stateand to determine whether, how, and to what extent the number of statutory models should be reduced and consolidated. Requires the Commission to consider and address any impacts such reduction and consolidation would have on ongoing operation and financing of existing organizations. Requires the Commission to report its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly upon its convening.
Amendment #6 amends GS 160A-174 and GS 15A-121 by removing the Department of Transportation from those entities considered an environmental agency under those statutes.
Amendment #7 amends GS 160A-174 and GS 153A-121 to add that nothing in those statutes preempts an ordinance enacted by a city/county before July 1, 2013, that prohibits placing a new billboard within the city/county's jurisdiction.
|Intro. by Jackson.||GS 116, GS 58, GS 95, GS 97, GS 106, GS 130A, GS 136, GS 143, GS 150B, GS 153A, GS 160A|
House amendment to the 5th edition makes the following changes. Increases the age of those considered to be an older adult to 65 or older (was, 60 or older).
Conference report makes the following changes to the 3rd edition.
Amends the long title.
Deletes proposed changes made in Section 1 of the act concerning GS 50B-2 involving civil actions, emergency relief, and temporary custody/orders, in lieu of changes that provide, in compliance with the federal Violence Against Women Act, no court costs or attorneys' fees will be assessed for the filing, issuance, registration, or service of a protective order or petition for a protective order or witness subpoena, except as provided in GS 1A-1, Rule 11.
Amends GS 50C-2(b), deleting previous proposed changes and providing that no court costs or attorneys' fees will be assessed for the filing or service of the complaints or the service of any orders, except as provided in GS 1A-1, Rule 11.
House amendment to the 2nd edition makes the following changes. Amends GS 106-277.24 by adding that the fine for violations of the Article (NC Seed Law) does not apply to a retailer with respect to any transaction where the seed the retailer sold was acquired in a sealed container or package or the retailer did not have reasonable knowledge that the seed sold was in violation of the Article.
|Intro. by Cook, Rabin, Barefoot.||GS 106|
House committee substitute makes the following changes to the 2nd edition.
Amends GS 90-278(1)b. pertaining to licensure qualifications forserving as nursing home administrators. Deletes provision thatincreased the educational requirement for licensure under subdivision b. fromtwo years of college level studyor a combination of education and experience toa baccalaureate degree from an accredited college or university or an associate's degree in nursing with a minimum of 5 years experience as a director of nursing for five of the previous six years prior to licensure application. Reinstates the previousprovisionsetting the licensurestandards to require that aperson seeking to qualify as a nursing home administratorhas successfully completed the equivalent of two years of college level study (60 semester hours or 96 quarterly hours) from an accredited community college, college, or university prior to application forlicensure; or,has completed a combination of education and experience, acceptable under rules generated by the Board, before application for licensure. Provides that two years of supervisory experience in a nursing home be equivalent to one year of college study.
Amends GS 90-285.1 to make a clarifying change that removes alcohol from the list of controlled substances whose use may serve as a basis for the revocation, suspension, or refusal to issue a license, and lists dependency or addiction to alcohol as a separate factor from dependency or addiction to a controlled substance.
|Intro. by Tucker.||GS 90|
AN ACT TO EXCLUDE CUSTOM SOFTWARE FROM PROPERTY TAX. Enacted July 10, 2013. Section 1 is effective for taxes imposed for taxable years beginning on or after July 1, 2014. The remainder is effective July 10, 2013.
|Intro. by Gunn, Barefoot, Walters.||GS 105|
House amendment makes the following changes to the 4th edition.
Amends GS 40A-3(1) and the prefatory language of GS 40A-3(a) regarding the exercise of eminent domain for public use by corporations, bodies politic, or persons for the construction of specified structuresto authorize the acquisition of property by purchase or condemnation for the purposes of constructing communications facilities (was, telegraphs and telephones),facilities related to the distribution of natural gas,and pipelines or mains originating in North Carolina for the transportation of natural gas.
The Daily Bulletin: 2013-07-11
AN ACT TO ALLOW A COUNTY FROM THE EASTERN REGION TO RECEIVE A DISBURSEMENT OF ITS SHARE OF THE MOTOR VEHICLE REGISTRATION TAX PROCEEDS AS WELL AS PAYMENTS MADE BY THE COUNTY IN LIEU OF TAXES. Enacted July 10, 2013. Effective July 1, 2013.
|Intro. by Speciale.||Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Nash, Onslow, Pamlico, Pitt, Wayne, Wilson, GS 158|
AN ACT AMENDING THE CHARTER OF THE TOWN OF MARSHVILLE TO DELETE THE PROVISIONS FOR UTILITY BILLING AND TERMINATION OF UTILITY SERVICES. Enacted July 11, 2013. Effective July 11, 2013.
|Intro. by Brody.||Union|
AN ACT TO CHANGE THE METHOD OF ELECTION OF THE MAYOR AND CITY COUNCIL MEMBERS OF THE CITY OF HIGH POINT TO HOLD THE ELECTIONS IN ODD‑NUMBERED YEARS AND BY A NONPARTISAN PRIMARY AND ELECTION METHOD AS PROVIDED BY GENERAL LAW AND TO AMEND THE CHARTER OF THE TOWN OF TRYON. Enacted July 11, 2013. Effective July 11, 2013, except as otherwise provided.
AN ACT TO PROVIDE FOR THE TERM OF THE CHAIRPERSON FOR THE BOARD OF TRUSTEES OF THE ROANOKE RAPIDS GRADED SCHOOL DISTRICT. Enacted July 10, 2013. Effective July 10, 2013.
|Intro. by Wray.||Halifax|
The Daily Bulletin: 2013-07-11
Actions on Bills: 2013-07-11
H 436: GUBERNATORIAL TEAM TICKET.
H 683: COMMONSENSE CONSUMPTION ACT.
H 786: RECLAIM NC ACT.
S 344: VINTAGE AUTO INSPECTIONS.
S 372: OMNIBUS COUNTY LEGISLATION.
S 444: UNC/CHEROKEE LANGUAGE.
S 505: CLARIFY AGRICULTURAL ZONING.
S 653: CLARIFY DEALER PLATES (NEW).
Actions on Bills: 2013-07-11
H 538: APEX LAND USE CHANGES.
H 1015: BESSEMER CITY ANNEXATION.
S 315: MUNICIPAL SERVICES (NEW).
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