Senate committee substitute to the 3rd edition is to be summarized.
The Daily Bulletin: 2013-07-16
Senate amendment to the 3rd edition makes the following changes.
Deletes proposed changes to GS 143-341 concerning assignment of state-owned motor vehicles. Makes a conforming deletion in the act's title.
House committee substitute to the 1st edition makes the following changes.
Amends the whereas clauses as follows. Adds citations to the references to District of Columbia v. Heller and McDonald v. City of Chicago and makes a correction. Also adds the members of Congress to those that have proposed taking actions that would infringe on the right to keep and bear arms.
Provides that the House expresses support of the constitutional (was, inalienable) right of the people of the state to keep and bear arms and opposes any infringement by the federal government on the right of the people of the state to keep and bear arms (previous edition opposed any infringement in the state's right to guarantee the protection of the right to keep and bear arms).
|Intro. by Speciale.||HOUSE RES|
Senate committee amendment makes the following changes to the 6th edition.
Amends the long title.
Amends Section 3(b) of SL 2012-151, concerning area boards, providing that area boards must meet all the requirements of GS 122C-118.1 as amended by Section 6 and 7 of SL 2013-85, concerning the effective operation of the 1915(b)/(c) Waiver, no later than October 1, 2013 (previously, required area boards to meet only the requirements set out in GS 122C-118.1 as amended by subsection 3(a) of SL 2012-151). Provides the following two exceptions to the applicability of the requirements in GS 122C-118.1: (1) when an area authority receives approval from the Secretary to realign or merge with another area authority, the new area board associated with the surviving area authority is not obligated to meet the requirements of GS 122C-118.1 until 30 days after the effective date of the realignment or merger or until April 1, 2014, whichever is sooner and (2) a different area authority involved in the same realignment or merger approved by the Secretary (i) receives approval on or before October 1, 2013, to dissolve pursuant to GS 122C-115.3(b) and initiates plans for the dissolution or (ii) receives a directive on or before October 1, 2013, from the Secretary to dissolve pursuant to GS 122C-124.2. Effective when the act becomes law.
Amends GS 122C-115(a), updating statutory references. Effective when the act becomes law.
Senate committee substitute to the 5th edition makes the following changes.
Amends the exemptions in GS 87-124 to provide that the notice requirements also do not apply to an excavation or demolition for agricultural purposes performed on property that does not encroach on any operator's right of way, easement, or permitted use, and to the excavation of a grave space, the installation of a monument or memorial at a grave space, or an excavation related to the placement of a temporary structure or tent by a cemetery that does not encroach on any operator's right of way, easement, or permitted use. Removes an excavation or demolition performed by a farmer on the farmer's own property from the list of exemptions. Amends the exemption for an excavation or demolition performed by the owners of a single-family residential property on the owner's own land to no longer require that the excavation or demolition be less than 10 inches deep.
Amends GS 87-129 to provide that if a violation of the Article was the result of willful or wanton negligence or intentional conduct (was, result of gross negligence or willful or wanton conduct), the penalty is $2,500, required training, and required education.
|Intro. by Hager, Moffitt, Murry.||GS 87|
Conference report makes the following changes to the 4th edition.
Amends the long title.
Amends GS 106-701, concerning agricultural and forestry operations, to amend new subsection (f) to provide that in a nuisance action against an agricultural or forestry operation, the court must award costs and expenses, including reasonable attorneys' fees, to (1) the agricultural or forestry operation when the court finds that the operation was not a nuisance and the nuisance action was frivolous or malicious or (2) the plaintiff when the court finds the agricultural or forestry operation was a nuisance and the operation asserted an affirmative defense in the nuisance action that was frivolous and malicious (was, prevailing defendant recovers aggregate amount of costs and expenses reasonably incurred, including attorneys' fees).
Amends GS 7A-38.3(h), concerning mediation of farm nuisance disputes, providing that any applicable statutes of limitations relating to a farm nuisance dispute will be tolled for a specified period of time upon the filing of a request for mediation under GS 7A-38.3 (previously, provided that time periods relating to the filing of a claim or the taking of other action with respect to a farm nuisance dispute, including applicable statutes of limitations, would be tolled after filing). Further amends section to provide that the filing of a request for prelitigation mediation under GS 7A-38.3(d) does not constitute the commencement of or the bringing of an action involving a farm nuisance dispute.
Provides that this act is effective when it becomes law and applies to actions commenced or brought on or after that date (was, October 1, 2013).
House amendment to the 3rd edition makes the following changes.
Removes much of the previous edition of the act, deleting provisions concerning increasing penalties for possession, manufacture, or sale of false ID; creating a rebuttable presumption against the pretrial release of certain undocumented aliens; reimbursing cost of incarcerating undocumented aliens; authorizing immigration status checks for certain persons who are lawfully stopped, detained, or arrested; prohibiting the use of certain documents for identification purposes; new GS 64-39, which provided for no employer penalties if employee holds restricted driver's permit or restricted ID card; requiring undocumented alien drivers to obtain restricted driver's permits; and authorizing impoundment and sale of vehicles for driving while license revoked, driving without a license, and driving while failing to maintain financial responsibility. Makes conforming changes. Retains provisions concerning e-verify changes in Part VIII of the previous edition.
Requires instead that the Department of Public Safety, along with specified agencies and industries, study the potential impact of adopting eight specified measures, which include issues addressed in the previous version of the bill. Requires that the study examine the potential impacts of the eight measures on seven issues, including the provision of social services, tax collection, and law enforcement. Requires a report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2014.
Amends GS 64-25 by amending the definition of employee to exclude an individual whose term of employment is less than 10 months per year (was, less than year round).
Deletes the severability clause.
Makes the entire act effective when the act becomes law.
Amends the act's long title.
The conference report makes the following changes to the 6th edition.
Part I. Individual Income Tax Changes
Amends new GS 105-153.3 (previously codified as GS 105-134.1 and recodified by PartI of this act), to define North Carolina taxable income as defined in newGS 105-153.5 (was, defined in GS 105-134.5). Makes an organizational change, removing the repeal of statutes providing business tax credits from this Part, and instead indicating their repeal under Part II, as amended in this edition, which reflects corporate income tax changes. Makes additional organizational changes, technical corrections, and conforming changes to reflect the repeal of statutes by this act and the recodification of statutes under this act.
Amends GS 105-153.5 to make clarifying changes as to a taxpayer's options in determining the deduction amount a taxpayer may deduct from adjusted gross income. Clarifies that the itemized deduction amount is the amount equal to the sum of the listed items in GS 105-153.5(a)(2). Additionally, provides that the amounts allowed under subdivision(a)(2) are not subject to the overall limitation on itemized deductions under section 68 of the Internal Revenue Code (Code). Clarifies that the itemized deduction amount is the amount allowed as a deduction (was, the amount claimed by the taxpayer). Prohibits the amount allowed as a deduction for interest that is paid or accrued during the taxable year for any qualified residence, plus the amount claimedas a deduction for property taxes paid or accrued on real estate, from exceeding $20,000 for that taxable year.
Adds a new subsection (d) to GS 105-153.5 to provide that each shareholder's pro rata share of an S Corporation's income is subject to the adjustments provided in GS 105-153.5 (Modifications to adjusted gross income) and new GS 105-153.6 (Adjustments when state decouples from federal accelerated depreciation and expensing).
Amends new GS 105-153.7 to set the individual annualincome tax imposed on the NorthCarolina taxable income of every individual at 5.8%, effective for taxable years beginning on or after January 1, 2014. Also amends GS 105-153.7 to set the individual tax rate at 5.75%, effective for taxable years beginning on or after January 1, 2015.
RecodifiesGS 105-151.24(a) as GS 105-153.10(a), and amends this section to provide that a taxpayer is allowed a credit against the tax imposed by Part I of this act for each dependent child for whom the taxpayer is allowed a federal child tax credit under section 24 of the Code. Provides a table that calculatesthe amount of the credit allowed under this section for the taxable year based on the taxpayer's filing status and adjusted gross income (was, set a fixed amount for the credit of $100, provided that the taxpayer's adjusted gross income (AGI) was within specified parameters for the taxpayer's filing stats). Provides that the amount of the allowed credit ranges from $0 to $125 depending upon the taxpayer's filing status and AGI. Effective for taxable years beginning on or after January 1, 2014.
Amends GS 105-153.4 to define North Carolina taxable income to mean the taxpayer's adjusted gross income as modified in GS 105-153.5 and GS 105-153.6.
Makes conforming changes toGS 105-131.2(a) and GS 105-131.7(c) to correct references to statutes repealed by this act. Makes a conforming change to GS 105-154(d).
Part II. Corporate Income Tax Changes
Deletes all of the prior content of this Part which enacted a new Article 31, Business Privilege Tax, in GS Chapter 105.
Amend GS 105-130.3 to impose a tax on the state net income of every C Corporation doing business in North Carolina at the rate of 6% (was, imposed a tax on the net income of every C Corporation doing business in this state as a percentage of the taxpayer's net income computed annually at a rate as specified for each year). Effective for taxable years beginning on or after January 1, 2014. Reduces the rate to 5% effective January 1, 2015.
Repeals GS 105-139.39 and GS 105-130.43, effective January 1, 2014.
Enacts new GS 105-130.3A to provide that a rate deduction in the tax imposed on a C Corporation under GS 105-130.3 is triggered if the amount of net General Fund tax collected in fiscal years 2014-15or 2015-16 exceeds the anticipated General Fund tax collection for that fiscal year. Details amounts that will trigger such a rate reduction and sets the percentage amount of the reduction. Provides that effective January 1, 2017, the tax rate set in GS 105-130.3 is the rate determined in accordance with this section.
Rewrites the title of Article 3F of GS Chapter 105 as Research and Development (was, Technology Development). Repeals GS 105-129.50(4a) and GS 105-129.56.Amends GS 105-129.51(b) to repeal Article 3F effective for taxable years beginning on or afterJanuary 1, 2016 (was, January 1, 2014). Amends GS 105-129.54 to delete the requirement that the Department ofRevenue must include in required economic incentive reports information regarding taxpayers taking a credit under GS 105-129.55 and regarding the credit allowed under GS 105-129.56. Effective for taxable years beginning on or after January 1, 2014.
Part III. Sales Tax Changes
Deletes all of the prior content of this Part which made changes tolower thefranchise tax rate.Instead,includes changes to the sales tax.
Amends GS 105-467(a) to restore the sales price of bread, rolls, and buns, sold at a bakery thrift store and exempt from state tax under GS 105-164.12(27a), tothe list of items subject to the first1% local government sales and use tax. Effective January 1, 2014, and applies to sales made on orafter that date.
Restores previously repealed subdivision (30), regarding tax on vending machine sales,of GS 105-164.13 (providing for exemptions from the sales and use tax for listed items and services). Deletes changes to subdivision (50) of this section and deletes provision that repealed subdivision (50).Amends subdivision (26) of this section to clarify that the exemption from the sales and use tax for food sold not-for-profit by a school, applies to a public school or a nonpublic school, including a charter school and a regional school.
Amends GS 105-164.15A to make its provisions apply to the effective date of atax change (was, applied to services and items taxed at combined general rates) for personal property, digital property, or services that are taxable under this Article. Makes conforming changes, replacing "service" with "taxable item."
Amends new GS 105-164.13E which exempts qualified farmers from sales and use tax for tangible personal property, digital property, and services purchased by the farmer and used in the planting, harvesting, or curing of farm crops or in the production of dairy products, eggs, or animals. Specifies that the exemption for fuel and electricity applies to fuel and electricity that is measured by a separate meter or another separate device and used for purposes other than food preparation, heating dwellings, and other household purposes. Adds an exemption for grain, feed, or soybean storage facility and the parts and accessories attached to the facility. Also adds an exemption for a commercially manufactured facility,commercially manufactured equipment and its parts and accessories, andbuilding materials used in construction, repair, or improvement of enclosures for the housing, raising or feeding of animals. The exemption also includes a bulk tobacco barn or rack, parts, and accessories that are attached and any similar apparatus used to cure or dry tobacco or another crop. Makes a conforming change, deleting GS 105-164.13(4c). Effective July 1, 2014 and applies to sales made on or after that date.
Amends GS 105-164.14(b) to provide that the aggregate amount for an annual refund allowed under this subsection, Nonprofit Entities and Hospital Drugs, for a fiscal year may not exceed $31.7 million.
Makes conforming changes to GS 105-467(b) to provide that theexemptions and exclusionsthat apply to the local sales and use tax are contained in GS 105-164.13 as a result of amendments under this act.Provides that the state refund provisions contained in GS 105-164.14 through GS 105-164.14B apply to the local sales and use tax authorized to be levied and imposed under this Article. Provides that the aggregate local refund amount allowed an entity under GS 105-164.14(b) for a fiscal year may not be more than $13.3 million. Makes a request for a refund due in the same time and manner as provided in GS 105-164.14 (was, within six months after the end of the entity's fiscal year).
This PartamendsGS 105-467(a),which sets a sales tax rate under Article 39 of GS Chapter 105 at1% for specified categories, to remove the sales price of bread, rolls, and buns sold at a bakery thrift store, and exempt from state tax under GS 105-164.13(27a)from the list of items subject to the first1% local government sales and use tax. Effective July 1, 2014 and applies to purchases made after this date.
Amends GS 105-164.14A(a) to repeal the subdivisions (1), (4) and (5) which allow the followingtaxpayers an annual refund of sales and use tax: passenger air carrier, motor sports team or sanctioning body, and professionalmotor sports team, effective for purchases made on or after January 1, 2016 (was, repealed effective for purchases made on or after January 1, 2014).
Part IV. Electricity and Piped Natural Gas Tax Changes
Deletes the changes to GS 105-164.15A regarding the effective date of a rate change for an item taxable at the combined general rate.
Amends new GS 105-164-44K regarding the distribution of part of the tax on electricity to the cities less the cost of administering the distribution.Provides for distributing the franchise share of each city on a pro rata basis if the net proceeds of the tax are insufficient to distribute the franchise share to each city. Clarifies that the quarterly franchise tax share is the total amount of electricity gross receipts franchise distributed to the city and provides that the quarterly franchise tax share of a city includes adjustments made for the hold-harmless amounts under repealed GS 105-116. Provides that if the franchise tax share of a city is is less than zero then the amount is zero. Deletes subsection regarding methodology. Effective July 1, 2014.
Amends newGS 105-164.44L regarding the distribution to cities of a share of the net proceeds of the tax collected on piped natural gas less the cost of administering the distribution. Provides that each city's share of the distribution is its excise tax calculated under subsection (b) of this section plus its ad valoremshare calculated under subsection (c) of this section. Provides for the proceeds to be distributed on a pro rata basis if the net proceeds of the tax are insufficient to distribute the excise tax share of each city under subsection (b) of this section.Deletes subsection regarding methodology. Effective July 1, 2014.
Amends Section 3 of SL 1965-347 to declare all property owned by Cape Hatteras Electric Membership Corporation (Corporation)to be exempt from property taxes to the same extent as property owned by a county or municipality of the state as long as the property is owned by the Corporation and is held and used solely for furnishing electricity to consumers on Hatteras Island and Ocracoke Island. Makes the Corporation subject to any other taxes to the same extent as any other electric membership corporations established under GS Chapter 117. Effective July 1, 2014.
Part V. Admission Charges to an Entertainment Activity
Amends new subdivision to GS 105-164.4(a) to provide that admission charges to a museum, a cultural site, a garden, an exhibit, a show, or a similar attraction, or a guided tour at any of these attractions are also subject the general rate of tax of 4.75%.
Deletes therepeal ofGS 105-164.9, which makes it unlawful for any retailer to offerto absorb the tax levied inArticle 5 of GS Chapter 105,or in any manner directly or indirectly to advertise that the sales and use tax imposed is not considered an element in the price to the purchaser.
Amends the catch line for GS 105-164.10 to read, Retail tax calculation (was, Retail bracket system). Makes additional conforming and technical changes to this Part.
Makes the provisions inthis Part,effective January 1, 2014 (was, October 1, 2013), and applies to admissions purchased on or after that date. Provides that gross receipts received on or after January 1, 2014 (was, October 1, 2013) for admission to a live event for which the initial sale of tickets occurred before that date, other than gross receipts received by a ticket reseller, are taxable under GS 105-37.1.
Part VI. Service Contracts
Amends GS 105-164.13 to identify as exempt from the sales and usetax under Article 5 of GS Chapter 105, a service contract for tangible personal property as specified in this section and an item used to maintain or repair tangible personal property under a service contract if the contract purchaser is not charged for the item. Deletes a service contract on tangible personal property that is provided for a newly constructed building or structure from those the list of exemptions. Effective January 1, 2014 (was, July 1, 2014) and applies to sales made on or after that date.
Part VIII. Cap Excise Tax on Motor Fuel
Provides that the motor fuel excise tax rate may not exceed thirty-seven and one-half cents per gallon for the period from October 1, 2013 (was, September 1, 2013) through June 30, 2015.
Part IX. Study and Effective Date
Makes a conforming change to GS 105-237.1(a)(6) to reference the appropriate subdivisions of GS 105-164.4(a) as amended in this act.
Adds the following tax issues to the list of those issues to be studied by the Revenue Laws Study Committee and reported on to the 2014 Regular Session of the 2013 General Assembly upon its convening: (1) the application of the corporate income tax rate reduction trigger formula, (2) the low-income housing credit, and (3) the distribution of the sales tax collected on electricity and piped natural gas to cities.
Deletes all the provisions of Part V. Eliminate Annual Report Filing Fees, Part VII. Sales Tax Refunds, Part XII. Eliminate Earmarks and Credit to General Fund, and Part XIII. Repeal Tobacco Discount.
Except as otherwise indicated, this act is effective when it becomes law.
The Daily Bulletin: 2013-07-16
House committee substitute makes the following changes to the 5th edition.
Amends the short and long titles.
Amends GS 7A-142, concerning vacancies in the office of district judges, providing that the bar of the judicial district where the vacancy occurs will nominate five people, by a vote, that are residents of the judicial district who are duly authorized to practice law in the district for consideration by the Governor. Requires that vacancies be filled no sooner than 30 days after the vacancy occurs. Directs the Governor to give due consideration to the nominations provided by the bar prior to filling the vacancy. Deletes numerous other substantive provisions of the section which previously provided exceptions and different procedures for filling vacancies occurring in District 9, 9B, and 18. Eliminates the requirement that judicial district bars must submit nominations in 30 days.
Repeals GS 161-8, attendance at office. Effective September 1, 2013.
Enacts new GS 161-8.1, Office hours; notice of hours, providing that the register of deeds office will be open for public business during county office workdays and hours, as set by the board of county commissioners (board), pursuant to GS 153A-94(b). The register of deeds can set the hours for registration of real estate instruments to begin not more than 30 minutes after the office opens to the public and end not more than 30 minutes after the office closes. Allows the office to be closed temporarily with the prior approval of the board or county manager. Specifies the reporting and posting requirements for alerting the public to the schedule of the office and any temporary changes to that schedule or temporary closings. Directs the Secretary of State to establish a website and procedures for the posting of the workdays, holidays, and office hours of each county register of deeds office. Effective September 1, 2013.
Amends GS 89C-19, provided H 94 of the 2013 Regular Session becomes law, to provide that in the course of conducting a technical review of an application for a permit or plan, the state and any of its political subdivisions must review the application or plan only on its ability to satisfy the intent of the requirements of the statute, rule, standard, or criterion against which the application or plan is being evaluated. It further prohibits the state and any of its political subdivisions from requiring revisions to the parts of an application or plan that constitutes the practice of engineering. Provides that when conducting the technical review of an application or plan that is or includes elements of an innovative design, revisions can be required that constitute the practice of engineering provided the reviewer is a professional engineer. Defines innovative design for use in this section. Provides that revisions to the parts of an application or plan that constitutes the practice of engineering must be provided by written notice, on agency letterhead, signed by the professional engineer reviewing the submission, including his or her state license number, and then provided to the permit applicants or the person that submitted the plan for approval.
Amends GS 133-40(a), provided H 94 of the 2013 Regular Session becomes law, to provide that the term "public entity" is understood to mean any department or agency of the State, state universities or colleges, and other similar entities but does not include municipalities, county governments, public utilities, transportation authorities, or airport authorities.
Amends GS 143-215.1(j)(3), provided H 94 of the 2013 Regular Session becomes law, concerning the control of sources of water pollution and providing that the Commission will require that the exceedances within a compliance boundary be remedied through cleanup, recovery, containment, or other response when, among other things, a violation of any standard in groundwater occurs in the bedrock, including limestone aquifers in Coastal Plain sediment, unless it can be demonstrated that the violation will not adversely affect, or have the potential to adversely affect, a water supply well (previously, excluded limestone bedrock from consideration).
Proposes new section GS 10B-61 to give standing to any party to a transaction requiring a notarial certificate for verification and any state-licensed attorney involved in such a transaction to bring a civil action in superior court against any commissioned public notary who violates the provisions of the Notary Public Act. Allows actions for damages or injunctive relief. Applies to notarial acts and omissions occurring on or after the date that the act becomes law.
Conference report makes the following changes to the 7th edition.
Amends GS 115C-238.29A by amending the membership of the NC Charter Schools Advisory Board to remove the vice-chair of the Advisory Board from those members appointed by the Governor. Makes conforming changes. Adds that the Advisory Board must annually elect a vice-chair from among its membership. Adds that any appointed member of the Advisory Board may be removed by a vote of at least two-thirds of the members of the Advisory Board at any meeting for any cause that renders the member incapable or unfit to discharge the duties of the office.
Amends GS 115C-238.29B to add that the State Board of Education (State Board) must establish reasonable fees of no less than $500 and no more than $1,000 for initial and renewal charter applications. Prohibits refunding application fees if the application is rejected or the charter is revoked.
Amends GS 115C-238.29F to require at least 25% of the charter school's teachers to hold teacher licenses (was, at least 50% of the teachers hold teacher certificates). Deletes proposed changes concerning the racial and ethnic composition of the school's population, enrollment priority, and lottery procedures for siblings.
Amends GS 115C-238.29G to allow the State Board, in addition to termination or not renewing a charter, to also seek applicants to assume the charter through a competitive bid process upon six specified grounds. Provides that if a charter school is inadequate and has had a charter for more than five years, the State Board is authorized to terminate, not renew, or seek applicants to assume the charter through a competitive bid process (was, authorized to terminate or not renew the charter). Adds that the State Board must adopt rules on the assumption of a charter that include all aspects of the operation of the school. Provides that public assets would transfer to the new entity and not revert to the local school administrative unit where the charter school is located.
Amends GS 115C-238.29H to delete proposed language concerning interest if a local school administrative unit fails to timely comply with the transfer of required funds for a student attending a charter school and concerning the return by the charter schools of a greater share of funds than what is required.
Adds a provision amending GS 105-275 to exclude from the tax base real property that is occupied by a charter school and wholly and exclusively used for educational purposes, regardless of the ownership of the property. Effective for taxes imposed for taxable years beginning on or after July 1, 2013.
House committee substitute makes the following changes to the 3rd edition.
Deletes the authorization for the Bowman Gray Stadium & Civitan Park Acquisition capital improvement project for Winston-Salem State University.
Makes conforming changes, deleting provisions which contained conditions and agreements related to the above, now deleted, acquisition project.
|Intro. by Apodaca.||GS 18B|
House committee substitute to the 3rd edition makes the following changes.
Deletes proposed changes to GS 20-171.16, which required wearing eye protection and a helmet when operating an all-terrain vehicle, and to GS 153A-245 and GS 160A-300.6, concerning the regulation of all terrain-vehicles by counties and cities.
Adds new Article 34 in GS Chapter 120, establishing the 12-member Joint Legislative Oversight Committee on General Government (Committee), to examine the services provided by the specified departments and agencies in order to make ongoing recommendations to the General Assembly on ways to improve the effectiveness, efficiency, and quality of state government services. Specifies the Committee's powers and duties. Requires a department or agency that is required to report to the General Assembly or its committees to also give a copy of the report to the cochairs of the Joint Legislative Oversight Committee on General Government.
Changes the effective date of the act from December 1, 2013, to when the act becomes law.
Makes conforming changes to the act's titles.
|Intro. by Hartsell.||GS 120|
House committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Amends proposed GS 19A-32.1, concerning minimum holding periods for animals, providing that an animal must be held for a minimum of 72 hours, or longer pursuant to established local ordinances, prior to being euthanized or otherwise disposed of (previously, required a minimum holding period of 96 hours, but allowed a hold for 72 hours if the shelter posted at least one descriptive photograph of the animal on its website or specified website, with the photograph remaining published until the animal is euthanized or disposed of).
Amends GS 19A-64, concerning distributions to counties and cities from the Spay/Neuter Account, capping the reimbursement amount distributed from the Spay/Neuter account to cities and counties to 150% of the average reimbursement allowed for surgical procedures for dogs and cats by the Spay/Neuter Program during the prior calendar year. Adds language that provides that when the amount in the Spay/Neuter Fund falls short of total requests for reimbursement, funds available will be reimbursed to cities and counties in tier one, two, and three areas in regards to the proportion that the rate of spays and neuters per 1,000 persons in the city or county compares to the total rate of spays and neuters per 1,000 in the total tier area. Effective October 1, 2014.
Amends GS 19A-66 to require the Department of Agriculture and Consumer Services to notify cities and counties of what the maximum reimbursement amount will be for the upcoming calendar year. Effective January 1, 2014.
The Daily Bulletin: 2013-07-16
Senate committee substitute makes the following changes to the 4th edition.
Allows Cornelius, Davidson, Huntersville, Mooresville, and Troutman, if the town has adopted a noise ordinance, to enforce the ordinance on the waters of Lake Norman (was, on the waters of Lake Norman extending 2,500 feet from the 760-foot elevation line on the shore within, and adjacent to, the municipal corporate limits). Prohibits enforcing the noise ordinance with regard to engine noise emanating from the routine underway operation of any motor vessel engaged in recreational activities on the waters of the lake, except when the noise violates state law. Adds that the same municipalities may enforce state law concerning theft or vandalism of or from vessels located in, or docked in or above, the waters of Lake Norman.
Changes the effective date of the act to August 19, 2013, applicable to offenses occurring on or after that date (was, effective July 1, 2013).
Makes conforming changes to the short and long title.
AN ACT AUTHORIZING BUNCOMBE COUNTY TO ESTABLISH A CULTURE AND RECREATION AUTHORITY. Enacted July 16, 2013. Effective July 16, 2013.
|Intro. by Ramsey, Moffitt.||Buncombe|
Senate committee substitute to the 1st edition makes the following changes.
Amends the provisions for the Robbinsville 3% occupancy tax to remove the exception to the tax for accommodations furnished by nonprofit charitable, education, or religious organizations when furnished in furtherance of their nonprofit purpose.
Recodifies and amends SL 1985-969, as amended, within the act, allowing the Graham County Board of Commissioners to levy a room occupancy tax of 3% (provisions do not require 10 days' public notice and do not include exceptions to the tax). Adds definitions. Requires the Graham County Tourism Development Authority (TDA) to use at least two-thirds of the proceeds of the occupancy tax to promote travel and tourism in Graham County and to use the remainder for tourism-related expenditures. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 153A‑155 (uniform provisions for room occupancy taxes). Mandates that at least one‑third of the members of the TDA must be affiliated with businesses that collect the tax in the county and at least one‑half must be currently active in the county's travel and tourism promotion. Makes conforming changes.
Creates Graham County District G as a taxing district (with its jurisdiction consisting of the part of the county that is located outside of the incorporated area of Robbinsville), with the Graham County Board of Commissioners serving ex officio as the governing body and the officers of the county serving as the officers of the governing body of the district. Allows the governing body of District G to levy a room occupancy tax of up to 3%, to be in addition to any state or local sales tax. Prohibits the levy of the tax unless Graham County also levies a tax of no less than 3%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 153A‑155, as if the district was a county. Requires the TDA to use at least two-thirds of the tax proceeds to promote travel and tourism in District G and use the remainder for tourism-related expenditures; the tax proceeds may be used only for the direct benefit of the jurisdiction of District G. Makes conforming changes.
Updates the act's titles.
|Intro. by West.||Graham|
Senate committee substitute to the 1st edition makes the following changes.
Adds that the chairman of the Buncombe County Commissioners must not be treated as from any commissioner district.
Changes the effective date of the act from July 1, 2013, to October 1, 2013.
|Intro. by Ramsey, Moffitt.||Buncombe|
Senate committee substitute to the 4th edition makes the following changes.
Makes clarifying changes.
Makes Section 1 of the act, concerning Weaverville, effective November 1, 2013. Makes Section 2 of the act, concerning Asheville, effective on and after April 17, 2013. Makes changes in Section 3, concerning Buncombe County, effective when the act becomes law. Previously, all sections were effective July 1, 2013.
|Intro. by Ramsey, Moffitt.||Buncombe|
The Daily Bulletin: 2013-07-16
House amendment makes the following changes to the 9th edition.
Provides that the initial members of the Airport Authority will be the members of the Airport Advisory Committee of Charlotte. Such members will serve only until six members have been appointed by the Appointing Authorities. Limits the powers of the Airport Advisory Committee serving as the initial members to ministerial acts, having no power to award or enter into employment or management contracts. Deletes requirement that the initial terms of office for newly appointed members begin on October 1, 2013.
Provides that all right, title, and interest that the City of Charlotte holds in airport property, facilities, and Charlotte Douglas International Airport will be considered to have been transferred to the Authority when this act becomes law (was, January 1, 2014). Further provides that any development agreements or other contracts of the City of Charlotte pertaining to or related to airport property and airport facilities in effect at the time of the transfer, including any contracts in regards to insurance, will remain in full force and effect after the transfer is completed.
Deletes the effective date for appointing the Aviation Director of the City of Charlotte as the Executive Director of the Authority (previously, effective date of appointment was January 1, 2014). Makes technical changes regarding the compensation and benefits of the Executive Director.
Deletes provision providing that the Authority will be deemed to have employed, effective January 1, 2014, the employees assigned to the Charlotte Aviation Department as the initial employees of the Authority.
Adds new section to the act providing that, from the date the act is enacted and continuing until December 31, 2013, unless terminated earlier by a specified agreement, Charlotte will continue to employ the employees of the city's Aviation Department with the Authority leasing the employees from the city. Sets outs the details and conditions of the lease, including requiring that the city be responsible for all matters related to the payment of payroll taxes, salaries, and any other employee benefits and that the Authority compensate the city for the costs of such expenses and as required by law. Further details that the city must continue to provide all the employment benefits currently available to the airport employees. Provides that effective January 1, 2014, or earlier by way of specified agreement, the Authority will be deemed to have hired all the airport employees as the initial employees of the Authority, with the terms of employment, compensation, and benefits of the airport employees remaining the same under the Authority as provided under employment by the city as of December 31, 2013, or at the time of execution of the specified agreement.
Deletes language requiring Charlotte to make the services of its officers and employees available to the Authority from October 1, 2013, through December 31, 2013.
Makes technical and conforming changes.
|Intro. by Rucho.||Mecklenburg|
Actions on Bills: 2013-07-16
H 636: CREEK NAME CHANGE.
H 692: AMEND PREDATORY LENDING LAW.
H 786: RECLAIM NC ACT.
H 937: AMEND VARIOUS FIREARMS LAWS.
H 1020: HONOR TONEY CLAYTON SUMMEY.
H 1021: HONOR ALL-AMERICA CITIES.
S 344: VINTAGE AUTO INSPECTIONS.
S 372: OMNIBUS COUNTY LEGISLATION.
S 505: CLARIFY AGRICULTURAL ZONING.
S 626: RECODIFY ANIMAL SHELTER LAW.
S 653: CLARIFY DEALER PLATES (NEW).
Actions on Bills: 2013-07-16
H 191: GRIFTON/DEANNEXATION.
H 530: BUNCOMBE MPO MEMBERSHIP.
H 538: APEX LAND USE CHANGES.
H 1015: BESSEMER CITY ANNEXATION.
S 315: MUNICIPAL SERVICES (NEW).
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