AN ACT TO PROVIDE FOR BAIL PROCEDURE WHEN CONFINEMENT IS IMPOSED AS PUNISHMENT FOR CRIMINAL CONTEMPT. Enacted July 18, 2013. Effective December 1, 2013.

AN ACT TO AUTHORIZE THE REDEPOSIT OF STATE AND LOCAL GOVERNMENT FUNDS INTO INSURED DEMAND, MONEY MARKET, AND NEGOTIABLE ORDER OF WITHDRAWAL DEPOSIT ACCOUNTS. Enacted July 18, 2013. Effective July 18, 2013.

Senate committee substitute to the 5th edition is to be summarized.

AN ACT TO (1) ALLOW A CLERK OR ASSISTANT OR DEPUTY CLERK OF SUPERIOR COURT OR A MAGISTRATE TO ISSUE BY FACSIMILE OR ELECTRONIC MAIL TRANSMISSION AN INVOLUNTARY INPATIENT COMMITMENT CUSTODY ORDER TO A PETITIONING PHYSICIAN, ELIGIBLE PSYCHOLOGIST, OR DESIGNEE AT A TWENTY-FOUR-HOUR FACILITY WHEN THE RESPONDENT IS ALREADY PHYSICALLY PRESENT AT THE TWENTY-FOUR-HOUR FACILITY, (2) ESTABLISH PROTOCOLS FOR THE TRAINING OF PHYSICIANS, ELIGIBLE PSYCHOLOGISTS, OR DESIGNEES, AND (3) DIRECT THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REVIEW AND REVISE THE RULES DESIGNATING FACILITIES FOR THE CUSTODY AND TREATMENT OF INVOLUNTARY CLIENTS. Enacted July 18, 2013. Effective October 1, 2013.

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

Amends GS 90-85.50(b), making organizational and clarifying changes. Allows recoupment of reimbursement when dispensing in excess of the benefit design, prescriptions are not filled according to the prescriber's order, and when the pharmacy makes an overpayment. Adds language providing that calculations of overpayment can include dispensing fees when fraud or intentional and willful misrepresentation by the pharmacy is present. Amends a pharmacy's right to know the identity of the responsible party on whose behalf the audit is being conducted, providing that only when the audit is conducted by a vendor or subcontractor is that entity required to identify the responsible party on whose behalf the audit is being conducted (previously, the pharmacy had a right to know the identity of the responsible party regardless of who was conducting the audit). Provides that a pharmacy has a right to use any prescription that complies with federal or state laws and regulations at the time of dispensing to validate a claim in connection with a prescription, prescription refill, or a change in a prescription (was, to use any prescription that complies with state laws and regulations).

 

 

 

AN ACT AUTHORIZING COMMUNITY COLLEGES TO ACQUIRE REAL PROPERTY BY LEASE PURCHASE. Enacted July 18, 2013. Effective July 18, 2013.

AN ACT UPDATING THE PHYSICAL THERAPY PRACTICE ACT. Enacted July 18, 2013. Effective October 1, 2013.

House amendment makes the following changes to the 5th edition.

Amends GS 143-64.31, Declaration of public policy, providing in subsection (d) that in the event a public body fails (previously, willfully fails) to submit the required reports of this section, the same public body will be prohibited from utilizing certain delivery methods provided for in GS Chapter 143 until the reporting requirement is met. Further amends the subsection to add that contracts entered into in violation of this prohibition will not be deemed ultra vires, and remain valid and fully enforceable. Provides for injunctive relief by persons, corporations, or entities that have submitted bids or responses to a request for proposals by the public body that has not complied with the reporting requirement of this section. No monetary damages will be awarded and attorneys' fees for the plaintiff or the defendant will only be awarded as allowed pursuant to GS 1A-11 or GS 6-21.5. Actions seeking injunctive relief must be filed within four years from the date that the owner took beneficial occupancy of the project for which the report remains due.

Conference report to the 4th edition makes the following changes.

Amends the act's long title.

Deletes the repeal of GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1.

Amends GS 14-403 to require sheriffs to issue to any person, firm, or corporation in any county a permit (was, license or permit) to purchase or receive any weapon mentioned in the Article. Makes conforming changes.

Amends GS 14-404 to also remove references to a license. Adds that the sheriff's statement to an applicant as to why the sheriff has decided not to issue a permit must cite the specific facts upon which the sheriff decided that the applicant was not qualified for the issuance of a permit and list the applicable law upon which the denial is based. Adds the requirement that the sheriff keep a list of al permit denials, with the reason for the denial noted. Prohibits the list from including information that would identify the application. Makes the list a public record and requires the list to be organized by quarters of the year. Effective July 1, 2014. Adds that excluding weekends and holidays, no later than 48 hours after receiving notice of any of the judicial findings, court orders, or other factual matters relevant to any of the permit disqualifying conditions, the clerk of superior court must transmit a record of the determination or finding to be transmitted to the National Instant Criminal Background Check System (NICS). Adds that there is no limit as to the number or frequency of permit applications and no costs or fees other than the $5 permit fee. Requires a sheriff to notice an applicant as to whether the permit will be granted or denied within 14 (was, 30) days of application. Requires the sheriff to revoke any permit upon the occurrence of any event or condition subsequent to the permit issuance, or the applicant's subsequent inability to meet a requirement under the Article, which would have resulted in a denial of the application if the event, condition or inability to meet a statutory requirement had existed at the time of application and before permit issuance. Specifies procedures that apply to revocation.

Unless otherwise indicated, above provisions amending GS 14-404 are effective October 1, 2013.

Requires the Administrative Office of the Courts to report to the Joint Legislative Oversight Committee on Justice and Public Safety by October 1, 2013, on the progress toward implementing GS 14-404(c1) (requirement that clerk transmit findings to the NICS), with recommendations for legislation. Effective when the act becomes law.

Requires the sheriff to decide whether any existing and unexpired permits are subject to revocation no later than January 31, 2014. Requires each sheriff to report by March 31, 2014, to the Joint Legislative Oversight Committee on Justice and Public Safety with the results of the review. Allows the reports to be consolidated by the NC Sheriff's Association. Effective when the act becomes law.

Amends GS 14-405 to require the sheriff's record of issued permits to include issues related to a permit revocation. Specifies that the records are confidential and not a  public record, but must be made available pursuant to a court order.

Amends GS 14-315(b1)(1) by removing previous changes and instead amends one of the conditions that must be met for a defense to a violation of the statute to require that the person show that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under GS 14-402 (was, GS 14-402 or GS 14-409.1) for transfer of the weapon to an adult.