Conference committee makes the following changes to the 4th edition.
Deletes all of the provisions of the previous edition's effective date clause.
Adds a new effective date that provides that Section 1 and the amendment to GS 135-48.43(a)(2) made in Section 4 of the act become effective January 1, 2015, applying to plan years beginning on or after that date. Section 3 and Section 4, except for the amendment to GS 135-48.43(a)(2) made in Section 4, become effective January 1, 2014, applying to plan years beginning on or after that date. The remainder of this act is effective when it becomes law.
The Daily Bulletin: 2013-07-15
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The Daily Bulletin: 2013-07-15
The conference report makes the following changes to the 5th edition.
Amends GS 115C-238.29F(g)(5a) to provide that a charter school may give enrollment priority to the children of initial members of the charter school's board of directors for its first year of operation. Deletes requirement that the enrollment priority is only applicable if the charter school is not a former public or private school. Also amends subdivision (5b), providing that all siblings making simultaneous application to a charter school andwhose surname is selected in a charter school lotteryare to be admitted to that charter school to theextent that space is available and enrollment does not exceed grade level capacity.
Amends GS 115C-238.29D(f)(3) to provide that it is not a material revision of a charter application and does not require prior approval from the State Boardof Education for a charter school to expand to offer one grade higher than the charter school currently offers, providing that the charter school (1)has operated for at least three yearsand (2) has not been identified as having inadequate performance as provided in GS 115C-239.29G(a1).
Intro. by Hardister, Brandon, Stam, Lambeth. | GS 115C |
House committee substitute makes the following changes to the 2nd edition.
Amends the proposed language for the new subsection GS 15A-533(f), providing that there is a rebuttable presumption that no condition of release will reasonably assure the appearance of the person as required for the safety of the community if the person is unlawfully present in the United States and there exists probably cause (was, reasonable) to believe that the person committed certain, specified offenses. Also provides that the rebuttable presumption applies if there is probable cause (was, reasonable) to believe that the person, who is unlawfully present, committed an offense not listed in GS 15A-533(f)(1) and the US Immigration and Customs Enforcement has issued a detainer for the initiation of removal proceedings against the person or has indicated that it will do so (was, the US Immigration and Customs Enforcement has guaranteed that, in all such cases, it will issue a detainer for the initiation of removal proceedings and agree to reimburse the state for the cost of incarceration from the time of the issuance of the detainer).
Amends proposed new section GS 15A-506, regarding immigration status checks of person lawfully stopped, detained, or arrested, providing that this section does not authorize the consideration of race, color, or ethnicity in the enforcement of these provisions. Amends the verification procedure to provide that the status check of the individual must be made within two hours of the stop or detention, unless the person is arrested; then the two hour limit does not apply. Makes conforming and organizational changes.
Directs the Secretary of Public Safety to report no later than May 1, 2015 to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the first year that GS 15A-506 was in effect. Specifies the five types of information the report should contain, including the number of persons stopped, detained, or arrested in North Carolina and the number of persons found to be unlawfully present in the United States as a result of status verifications.
Directs each law enforcement officer/agency of the state, of a county, of a municipality, and of any other political subdivision to cooperate with the Secretary of Public Safety in collecting and compiling the information that is needed to create the report.
Adds new proposed GS 20-7(w), providing that state agencies or officials cannot use any information submitted during the application process for a restricted driver's permit or restricted identification card to seek the removal of the applicant or for any purpose other than the issuance of the restricted driver's permit or restricted identification card. Provides that the above language does not prohibit the use of the information in the prosecution of crimes that are (1) committed by the applicant after the issuance of the permit or card or (2) are revealed by a criminal history check undertaken pursuant to GS-7(t).
Amends GS 20-28.10, concerning the seizure, impoundment, or forfeiture of motor vehicles for certain offenses, providing an exception to the seizure, impoundment, or forfeiture of a vehicle when driving without a license or driving without a restricted permit under GS 20-7 when the person possesses an expired driver's license or restricted driver's permit. Further amends exceptions to the seizure, impoundment, or forfeiture of a motor vehicle, providing a clarification that a vehicle is not subject to an order of forfeiture if the underlying violation is under GS 20-313 and the defendant submits adequate proof of financial responsibility, regardless of whether the proof of financial responsibility was obtained prior or subsequent to the violation. Updates statutory citation in proposed GS 20-28.10(b)(2), changing reference from GS 20-35 to GS 20-7.
Makes clarifying changes to language throughout the act. Also makes certain language gender neutral.
The Daily Bulletin: 2013-07-15
House committee substitute to the 1st edition makes the following changes.
Adds a transfer of the functions, powers, duties, obligations, resources, and appropriations of the Apprenticeship Program and the Apprenticeship Council to the Department of Commerce as a Type I transfer. Repeals GS 143A-71 (which transferred the Council to the Department of Labor). Makes conforming changes throughout GS Chapter 94, by replacing references to Department of Commerce and Commissioner of Labor with the Department of Commerce and Secretary of Commerce. Effective January 1, 2014.
Makes conforming changes to the act's title.
House committee substitute makes the following changes to the 3rd edition.
Changes the long title.
Amends the definitions section of GS 113A-115.1, Limitations on erosion control structures, providing that terminal groin means one or more structures constructed at the terminus of an island or on the side of an inlet, with a main stem generally perpendicular to the beach shoreline, primarily intended to protect the terminus of the island from shoreline erosion and inlet migration. Provides that a terminal groin must be pre-filled with beach quality sand and allow sand moving in the littoral zone to flow past the structure. Allows a terminal groin to include other design features that are consistent with sound engineering practices and are recommended by a professional engineer licensed pursuant to GS Chapter 89C, but states that a "terminal groin" is not a jetty.
Amends subsection GS 113A-115.1(e), concerning required parts of an application for a permit for the construction of a terminal groin, deleting language that stated the monitoring and mitigation requirements of submitted inlet management plans are not required to address unduly speculative or remote matters. Amends the proof of financial assurance requirement, providing that such proof, verified by the Commission or the Secretary of DENR, can be in the form of a bond, insurance policy, escrow account, guaranty, local government taxing or assessment authority, a property owner association's approved assessment, or other instrument adequate to cover the cost of implementing the following components of the inlet management plan: (1) long-term maintenance and monitoring of the terminal groin (previously deleted), (2) implementation of mitigation measures (previously deleted), and (3) the modification or removal of the terminal groin (previously, only bonds, insurance policies, and escrow accounts were listed as acceptable proofs of financial assurance). Provides that, in issuing a permit, the Commission must find, among other things, that the potential benefits of the project, including the protection of the terminus of the island from shoreline erosion and inlet migration is incorporated into the project design and construction, as well as the inlet management plan. Deletes changes made to GA 113A-115.1(g) and (h), which were deleted in their entirety in the previous edition, now providing that the Commission cannot issue more than four permits for the construction of a terminal groin pursuant to this section and that a local government cannot use funds generated from the following financing mechanisms for activity related to the terminal groin or its accompanying beach fill project: (1) special obligation bonds issued pursuant to GS Chapter 159I, (2) nonvoted general obligation bonds issued pursuant to GS 160A-20 or GS 159-148, or (3) financing contracts entered into under GS 160A-20 or GS 159-148.
Deletes Part III (Amend CAMA Permitting Law) and Part IV (Clarify that Cities May Enforce Ordinances Within the State's Public Trust Areas).
Makes conforming changes.
House committee substitute to the 2nd edition makes the following changes.
Amends GS 143-215.22L(a)(1), instances where a certificate is required for transfer, providing that no daily transfer of water can exceed 3 million gallons in one day (was, 5 million gallons), regardless of the ending daily average of the calendar month.
Repeals SL 2013-50, Section 1(a)(2), thereby removing the requirement that the public water system has not been issued a certificate for an interbasin transfer from the criteria to be met in order for all assets and all outstanding debts of any public water system to be transferred to the metropolitan sewerage district operating in the county where the public water system is located to be operated as a Metropolitan Water and Sewerage District.
Amends the act's long title.
Intro. by Rabon. | GS 143 |
House committee substitute makes the following changes to the 1st edition.
Repeals GS 135-48.12(b)(2) to remove the Attorney General asan ex officio member of the Committee on Actuarial Valuation of Retired Employees' Health Benefits (was, amended this section to remove the State Auditor from the Committee and replaced the Auditor withthe Attorney General as an ex officio member of the Committee).
Deletesamendment to GS 147-64.6(c), which eliminated the requirement that an auditee's written response to the findings and recommendations in an economy and efficiency or program audit be included in the final report if received within 30 days of receipt of the draft report.
Amends the title of this act to reflect changes in the bill content.
Provides that this act becomes effective October 1, 2013 (was, July 1, 2013).
House committee substitute to the 2nd edition makes the following changes. Makes GS 153A-221(d), which allows county detention facility dorms to house up to 64 inmates if six specified conditions are met, applicable to all counties (was, applied to counties with a population exceeding 250,000 according to the most recent federal census).
Adds an amendment to GS 14-256 to make a person guilty of a Class H felony upon escaping from a county or city confinement facility or officers if the person has been charged with or convicted of a felony (was, convicted of a felony) and has been committed to the facility pending trial or transfer (was, pending transfer) to the state prison system. Effective December 1, 2013, and applies to offenses occurring on or after that date.
Makes conforming changes to the act's long title.
House amendment makes the following change to the 3rd edition. Makesall provisions of this act effective when it becomes law (was, made Section 1 of this act, which amended GS 90-278,effective January 1, 2015, and the remainder of the act effective when it became law).
Intro. by Tucker. | GS 90 |
The Daily Bulletin: 2013-07-15
The Daily Bulletin: 2013-07-15
House committee substitute makes the following changes to the 1st edition.
Amends GS 160A-266 to permit Ocean Isle Beach to exchange personal property ora parcel of real property for other real or personal propertyor forservicessubject to limitations prescribed in subsection (b) of the statute regarding the exchange of real or personal property by a city via private negotiation and sale.Amends GS 160A-271 to provide that Ocean Isle Beach may exchange real or personal property that belongs to the city for services via private negotiation. Limitsapplication of this act to the Town of Ocean Isle Beach and allows the town to exchange a parcel of real property for services, specifying that this provision only applies to land used for the construction and exchange of an Alcoholic Beverage Control building owned by the Town of Ocean Isle Beach. These provisions expire on July 1, 2018.
Amends the title of this act to reflect the changes to the bill content.
House committee substitutemakes the following changes to the1st edition.
Makes a technical correction to new GS 153A-27.2.
Amends Section 5 of SL 2009-52, as amended, and amends Section 5 of SL 2013-70 to add Wake County to those counties (Mecklenburg, Pitt, and Alamance)authorized to establish aDomestic Violence FatalityPrevention and Protection Review Team to identifyand review domestic violence related deaths and facilitate communication among the various agencies and organizations involved in domestic violence cases to prevent future fatalities.Applies only to Wake County and is effective whenthe actbecomes law.
Permits multifamily development on certain described parcels in the Town of Aberdeen, asdescribedin new Section 3.(a) of this act. Specifies that this section applies only to the Town of Aberdeen. Effective whenthe actbecomes law.
Amends the long and the short title of this act to reflect changes in the bill content.
Actions on Bills: 2013-07-15
H 15: VARIOUS EMERGENCY MANAGEMENT CHANGES.
H 26: STRENGTHEN LAWS/VEHICLE THEFT.
H 168: DIVISION OF ATTY'S FEES IN WORKERS' COMP (NEW).
H 232: STATE HEALTH PLAN/STATUTORY CHANGES.-AB
H 250: CHARTER SCHOOL ENROLLMENT & CHARTER REVISIONS (NEW).
H 255: UNC TUITION SURCHARGE/ADVANCE NOTICE.
H 296: OMNIBUS WILDLIFE RESOURCES COMMISSION ACT (NEW).
H 321: AMEND LOCAL SOLID WASTE PLANNING.
H 392: WARRANT STATUS/DRUG SCREEN PUBLIC ASSIST (NEW).
H 467: BREAST DENSITY NOTIFICATION & AWARENESS.
H 479: AMEND ELECTROLYSIS PRACTICE ACT/FEES.
H 510: FOSTER CARE CHILDREN'S BILL OF RIGHTS.
H 607: REQUIRE USE OF PAPER BALLOTS.
H 616: TRANSITIONAL MORTGAGE LOAN ORIGINATOR.
H 649: SMALL GROUP HEALTH INS. TECHNICAL CHANGES.
H 662: LIMITED LICENSE/INSTALL BACKFLOW ASSEMBLIES.
H 786: RECLAIM NC ACT.
H 796: EXEMPT CERTAIN COLUMBARIUMS/CEMETERY ACT.
H 802: LANDLORD/TENANT/SHORTEN EVICTION TIME.
H 816: TOBACCO GROWERS ASSESSMENT ACT (NEW).
H 937: AMEND VARIOUS FIREARMS LAWS.
H 998: TAX SIMPLIFICATION AND REDUCTION ACT (NEW)
H 1019: HONOR FOUNDERS/BETHESDA PRESBYTERIAN CHURCH.
S 43: STUDY SAVINGS FOR ADMINISTRATION OF CLAIMS.
S 73: LOCAL WORKFORCE DEV./DISLOCATED WORKERS.
S 103: AMEND ASSESSMENTS FOR INFRASTRUCTURE NEEDS (NEW).
S 112: CREATE JOBS THROUGH REGULATORY REFORM (NEW).
S 140: FINANCIAL EXPLOITATION OF OLDER ADULTS.
S 151: COASTAL POLICY REFORM ACT OF 2013.
S 159: REQUIRE CERTAIN GENERAL REAPPRAISALS.
S 200: EXTEND TIME FOR FORENSIC ACCREDITATION (NEW).
S 223: SEVERANCE & RELOCATION FOR AREA DIRECTORS.
S 341: AMEND INTERBASIN TRANSFER LAW.
S 344: VINTAGE AUTO INSPECTIONS.
S 353: HEALTH AND SAFETY LAW CHANGES (NEW).
S 354: REVISE AUDITOR'S RESPONSIBILITIES.-AB
S 372: OMNIBUS COUNTY LEGISLATION.
S 386: BOARD OF AGRICULTURE SWINE APPT (NEW).
S 406: REPEAL LAWS DENIED SECTION 5 PRECLEARANCE.
S 407: ELECTRONIC VEHICLE LIEN/TITLE.
S 409: ASSESS COSTS/RESTRAINING ORDERS (NEW).
S 444: UNC/CHEROKEE LANGUAGE.
S 455: INCREASED PENALTY/SEED LAW VIOLATIONS.-AB
S 463: JAIL DORMITORY MINIMUM STANDARDS.
S 488: AMEND NURSING HOME ADMINISTRATOR ACT/FEES.
S 501: CLARIFY ATV DEF/EST. GEN. GOV. OVERSIGHT COMM (NEW).
S 505: CLARIFY AGRICULTURAL ZONING.
S 553: LME/MCO ENROLLEE GRIEVANCES & APPEALS.
S 571: AUTHORIZE VARIOUS SPECIAL PLATES.
S 626: RECODIFY ANIMAL SHELTER LAW.
S 636: WILDLIFE RESOURCES COMM. PENALTY CHANGES.
S 653: CLARIFY DEALER PLATES (NEW).
S 659: MAP 21 CONFORMING REVISIONS.-AB
Actions on Bills: 2013-07-15
H 418: BUNCOMBE CULTURE & REC. AUTHORITY (NEW).
H 512: CENTRAL CAROLINA COM. COLL. TRUSTEE ELECTIONS (NEW).
H 538: APEX LAND USE CHANGES.
H 569: FOXFIRE/SATELLITE ANNEXATIONS.
H 870: DUPLIN COUNTY BOARDS OF COMMS. AND EDUC. (NEW).
H 1015: BESSEMER CITY ANNEXATION.
S 81: CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT (NEW).
S 226: REPEAL 1935 DURHAM CO. FIREARM ACT (NEW).
S 229: OCEAN ISLE BEACH/SEA TURTLE SANCTUARY.
S 288: WAKE COMM VACANCY & ABERDEEN ZONING (NEW).
S 315: MUNICIPAL SERVICES (NEW).
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