AN ACT TO STRENGTHEN THE LAWS PROTECTING AGAINST THE THEFT OF VEHICLES FOR DISASSEMBLY AND RESALE OF PARTS AND TO ASSIST LAW ENFORCEMENT IN THE INVESTIGATION OF ORGANIZED CRIMINAL ACTIVITY ASSOCIATED WITH THE THEFT OF VEHICLES. Enacted July 23, 2013. Effective December 1, 2013.
The Daily Bulletin: 2013-07-24
Conference report makes the following changes to the 3rd edition.
Part II. State and Local Government Regulations
Amends GS 153A-348 (counties) and GS 160A-364.1 (cities) to provide that if a use existed prior to the adoption of the zoning or unified development ordinance making that use a violation, and that use is provided grandfathered statusand subsequently terminated for any reason, then the respective 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 Part 3 of Article 1 of GS Chapter 116, adding new GS 116-40.11 to provide for a right to representation by a licensed attorney or non-attorney advocate, at the student's own expense,for any student enrolled at a constituent institution of the University of North Carolina who is accused of a violation of the disciplinary or conduct rules of the constituent institution. Provides an exception to the right to be represented(1) if the constituent institution has implemented a "Student Honor Court" which is fully staffed by students to address such violations and (2) for any allegation of "academic dishonesty" as defined by the constituent institution. Provides similar provisions applicable to any student organization, officially recognized by a constituent institution, that is accused of a violation of the disciplinary or conduct rules of the constituent institution. Specifies that nothing in this section is to be construed to create a right to be represented at a disciplinary proceeding at public expense. Effective whenthe sectionbecomes law and applies to all allegations of violationsoccurring on or after that date.
Requires each constituent institution to track certain data on the disciplinary proceedings and to report the data to the Board of Governors of the University of North Carolina. Directs the Board of Governors to submit a combined report to the Joint Legislative Education Oversight Committee and the House and Senate Education Appropriations Subcommittees by May 1, 2014.
Provides that a city or county may not enact an ordinance to regulate a field that is also regulated by a state or federal law enforced by an environmental agency or that regulates a field that is also regulated by a rule adopted by an environmental agency. Provides an exception to allow a city or county to enact an ordinance that regulates a field that is also regulated by state or federal law enforced by an environmental agency or regulates a field that is also regulated by a rule adopted by an environmental agency if the ordinance is approved by a unanimous vote of the members present and voting. Applies to ordinances enacted on or after the effective date for this section (effective when it becomes law). Provides that this section expires October 1, 2014. Defines environmental agency for the purposes of this section.
Directs the Environmental Review Commission to study the circumstances under which cities and counties should be authorized to enact ordinances (1) that regulate fields already regulated by federal or state statute and (2) that are more stringent than state or federal statute or state rule. Requires the Commission to report its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly.
Part III. Business and Labor Regulations
Repeals GS 58-89A-5(8) which defines 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 and authorizes the applicant to submit in lieu of a surety bond an irrevocable letter of credit from an FDIC-insured financial institution or a cash deposit. Deletes subsection (d) (which prohibited a licensee from requiring a client to contribute to the licensee's surety bond payment). Amends GS 58-89A-60(b) to change the standard applicable tothe financial information submitted bya licenseapplicant from demonstrating that the applicant is not in a hazardous financial condition to demonstrating that the applicant meets the financial requirements specified by the Commissioner of Insurance. Amends GS 58-89A-95.Requires the licensee togive written notice of theProfessional Employer Organization (PEO) agreementto each employee assigned to a client company work site.Deletes subsection (c), which requires the licensee to give each employee written notice when the employee ceases to be an employee. Amends GS 58-89A-100 by deletinglanguage in subsection (1) requiring the contract between a licensee and a client company to reserve to the licensee the right of direction and control over its own employees assigned to the client while allowing the client to retain sufficient control over the licensee'semployees necessary to conduct the client's business. Deletes subsection (4) (which requires the contract to reserve to the licensee the right to hire, fire, and discipline its employees). Instead provides that a licensee has the right to hire, discipline, and terminate an assigned employee as necessary to fulfill the licensee's responsibilities under this Chapter and a PEO agreement. Also provides that the client company has the right to hire, discipline, and terminate an assigned employee. Repeals GS 58-89A-155(a)(4) (which relates to a notice requirement under a different Article within Chapter 58). Provides that this section becomeseffectiveOctober 1, 2013.
Amends GS 110-90.2 to provide that the required criminal history for a child care provider must be completed within 15 business days (was, 15 calendar days) of the receipt of the properly submitted request from the Department of Health and Human Services (DHHS). Provides that if the check reveals no criminal history, DHHS is to make a determination of the fitness of the childcare provider within 15 calendar days of receiving the results of the criminal background check. However, if the check reveals that the provider has a criminal history as defined by subdivision (a)(3) of this section, then DHHS has 30 business days from the receipt of the criminal background check to make a determination of the fitness of the provider.
Amends GS 160A-194 (cities) and GS 153A-134 (counties) to prohibit cities and counties from regulating and licensing digital dispatching services for prearranged transportation services for hire. Also amends GS 160A-304 to specify additional transportation for hire related activities and practices which a city is prohibited from adopting an ordinance to regulate.
Part IV. Environmental and Public Health Regulations
Amends GS 130A-248(g) to require that all hotels, motels, tourist homes and other establishments that provide lodging for pay toinstall either a battery operated or electrical carbon monoxide detector in every enclosed space meeting specified conditions. Effective October 1, 2013, and expires October 1, 2014. Further amends subsection (g), effective October 1, 2014, to require all hotels, motels, tourists homes, and other establishments that provide lodging for pay to have carbon monoxide detectors installed in every enclosed space meeting identified conditions and addsthe requirement that the carbon monoxide detectors must receive primary power from the building's wiring where the wiring is served from a commercial source and receive power from a battery when the primary power source is interrupted.
Directs the Building Code Council, DHHS, and the Commission for Public Health to jointly study the requirements for installing carbon monoxide detectors in lodging establishments to determine whether the requirements enacted in this act are adequate to protect the public health and safety of the traveling public. Requires that the findings and recommendations of the study be reported to the General Assembly no later than April 15, 2014.
Part V. Amend Environmental Laws
Deletes Sections 31 and 32 of this act, dealing with regulations applicable to the Mining and Energy Commission.
Amends GS 87-97(e) to provide that if a local health department fails to respond to an application to construct or repair a well within 30 days, the permit to construct or repair the well is to be automatically issued and the local health department may challenge the issuance of the permit as provided in GS Chapter 150B.
Amends GS 143-215.1(j)(3) to clarify thata violation of groundwater quality standards includesa violation occurring in limestone aquifers in Coastal Plain sediments.
Directs the Environmental Review Commission to study state stormwater programs and to report its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly.
Deletes proposed changes to GS 89C-19, concerning public works and safety requirements.
Directs the Department of Environment and Natural Resources (DENR) in conjunction with theDepartment of Transportationand DHHS, as well as local governments operating delegated permitting programs on behalf of the state departments, to study their internal processes for review of applications and plans submitted for approval. Sets out four specific areas that the entities should examine, including the mechanisms in place to ensure that staff who are not professional engineers are not engaged in the unauthorized practice of engineering. Findings and recommendations are to be submitted to the Environmental Review Commission (ERC) no later than January 1, 2014. The ERC, in consultation with specified entities, will study the matter and report its findings and recommendations to the 2014 General Assembly.
Part VI. Solid Waste Reform Provisions
Amends GS 130A-294(a)(4)c.9 to make a clarifying change, providing this subdivision applies only to the extent required by federal law.
Amends GS 130A-295.6(a), concerning requirements for sanitary landfills, providing thatan applicant for a proposed sanitary landfill must contract with a qualified third-party, approved by DENR, to conduct a study of the environmental impacts of any proposed sanitary landfill, in conjunction with its application for new permits pursuant to GS 130A-295.8. Requires the applicant for a sanitary landfill to pay all costs incurred by complying with the public notice and public hearing requirements of this subsection. Makes a clarifying change to GS 130A-295.6(d). Amends GS 130A-295.6(h), concerning leachate collection lines, providing that remote camera inspections of leachate collection lines must occur upon the completion of construction of any sanitary landfill and at least once every five years (previously, cleaning was required at least once a year, with a few exceptions). Requires the cleaning of leachate collection lines to the point necessaryto ensureproper functioning of the lines and to address the buildup of leachate over the landfill liner. Enacts new requirements regarding the requirements for daily cover at sanitary landfills, providing that when DENR has approved the use of an alternative method of daily cover for use at landfills, that alternative method will be approved for use at all landfills located in the state. Sets outnew requirements that provide for the study, research, and development of alternative disposal techniques and waste-to-energy matters by landfills that are authorized toreceive more than 240,000 tons of waste per year, including researching the development of alternative disposal technologiesby providingaccess to nonproprietary information and site resources to local community or state colleges and universities and other parties and the performance of a feasibility study of landfill gas-to-energy and other waste-to-energy technology.
Provides that the Commission for Public Health cannot require vehicles or containers used for the collection and transportation of solid waste to be leak-proof; however, they can require the design of these containers to be leak-resistant according to industry standards. Requires the Commission to adopt a rule identical to this provision to replace the Collection and Transport Rule and for purposes of this act and implementation can be found at 15A NCAC 13B .0105. Upon adoption of a permanent rule by the Commission, the provisions of this section will expire.
Amends GS 20-116(g), concerning the size of vehicles and their load, providing, for the purposes of this subsection, the terms "load" and "leaking" do not include water accumulated from precipitation.
Amends GS 130A-290 by adding a new subdivision which defines leachate as meaning a liquid that has passed throughor emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste. Provides that the term "leachate" does not include liquid adheringto tires of vehicles leaving a sanitary landfill and transfer stations.
Amends GS 153A-292(b) and GS 160A-314.1, concerning fees for collection of solid waste,to clarifythat, except as provided in these subsections, a fee for use of adisposal facilitymay not exceed the cost of operating the facility. Provides that the fee can exceed costs if the city or county enters into a contract with another county or city to accept the other entity's solid waste and the city or county by ordinance levies a surcharge on the fee, which can be used for any purpose for which the county or citycan appropriate funds.
Amends GS 160A-314 to authorize cities and counties to transfer excess funds from a utility or public service enterprise fund used for the operation of a landfill in order to be used to support other services provided for by the city orcounty's general fund.
Amends GS 130A-294(b1), providing that local governments can elect to include a surcharge on other local governments' waste as part of a franchise agreement entered into with a private landfill owner or operator.Applicable to franchise agreements executed on or after the effective date.
Effective August 1, 2013.
PartVII. Industrial Commission
Amends GS 97-78(b), deleting language that provided that the administrator and executive secretary appointed pursuant to this subsection were subject to the State Personnel System. Amends GS 97-79(b), providing that deputies appointed pursuant to this subsection will not be considered hearing officers within the meaning of GS 126-5(d)(7). Effective July 1, 2015.
Also makes technical corrections and additional clarifying changes to this act.
|Intro. by Murry, Moffitt, Samuelson, Bryan.||GS 116, STUDY, GS 14, GS 20, GS 58, GS 74, GS 87, GS 90A, GS 95, GS 97, GS 106, GS 110, GS 113, GS 113A, GS 130A, GS 133, GS 136, GS 143, GS 143B, GS 150B, GS 153A, GS 153B, GS 159, GS 159G, GS 160A|
AN ACT TO MAKE TECHNICAL AND OTHER CHANGES TO THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES STATUTES, AS REQUESTED BY THE STATE HEALTH PLAN. Enacted July 23, 2013. Section 1 and the amendment to GS 135-48.43(a)(2) made in Section 4 are effective January 1, 2015, and apply to plan years beginning on or after that date. Section 3 and 4, except for the amendment to GS 135-48.43(a)(2) made in Section 4, are effective January 1, 2014, and apply to plan years beginning on or after that date. The remainder is effective July 23, 2013.
Conference report makes the following changes to the 5th edition.
Amends the proposed language of GS 108A-26.1(a), clarifying that the release of confidential information from the applicant's records may not be protected if there is an outstanding arrest warrant against the applicant for program/public assistance (previously, if a warrant for arrest was issued). Makes organizational changes to GS 108A-26.1(b). Provides additional guidelines for the criminal history check, establishing that criminal history checks using accessible databases must be conducted by the county department of social services, subject to GS 114-19.34, and to the extent permitted by allocated county and state resources. Further provides that nothing in GS 108A-26.1 requires fingerprints to be taken of every applicant for or recipient of a program of public assistance. Deletes language which stated that the Secretary of DHHS must oversee the implementation of the rules the Social Services Commission must adopt regarding the sharing of information between county departments of social services and local law enforcement agencies. Also deletes language requiring rules for the accuracy of information shared.
Makes several changes to proposed GS 114-19.34, concerning criminal record checks of applicants for public assistance, providing that the NC Department of Justice (DOJ) will provide to county departments of social services the criminal history from the State or National Repositories of Criminal Histories. Deletes the requirement for social services to submit fingerprints to the NC DOJ. Requires the consent form for background checks to also provide consent to the use of any necessary identifying information required by the State or National Repositories. Makes organizational changes.
Amends proposed GS 108A-29.1, concerning drug screening and testing for Work First Program applicants and recipients, deleting language that made the cost of the drug testing the responsibility of the individual tested. Adds language that states that an applicant or recipient that fails a drug test can take one or more additional tests at his or her own expense (previously, did not state that the costs of the additional tests were to be borne by the applicant/recipient). Deletes language that stated that those that pass drug tests will have the amount paid by the applicant/recipient added into the initial assistance amount. Provides than an applicant/recipient that is deemed ineligible can reapply for program assistance after the expiration of 30 days from the date of the positive drug test if the individual can document either the successful completion of or the current satisfactory participation in a substance abuse treatment program offered by approved providers (previously, did not provide a 30-day wait period and did not allow current participation in a treatment program to serve as approval to reapply). Adds new GS 108A-29.1(b2), providing that applicants/recipients that are deemed ineligible for the Work First Program assistance can reapply after 30 days from the date of the positive drug test if a qualified professional in substance abuse or a physician certified by the American Society of Addiction Medicine determines a substance abuse program is not appropriate for the individual and that individual has passed a subsequent drug test. Subsequent tests are at the cost of the individual being tested and applicants/recipients that reapply for Work First pursuant to this subsection can only do so once. Directs the Social Services Commission to adopt rules pertaining to the successful completion of, or the satisfactory participation in, approved treatment programs, including rules regarding the timely reporting of program completion. Provides that child-only cases are exempt from the requirements of GS 108A-29.1. Makes conforming and clarifying changes.
Directs the Social Services Commission to adopt rules implementing the act, allowing the issuing of temporary rules, in addition to its permanent rule-making authority in order to enforce this act. Requires the rules for the implementation of GS 108A-29.1 to be adopted no later than February 1, 2014.
Requires that DHHS report to the General Assembly by April 1, 2014 (was, July 1, 2014) on the implementation of GS 108A-29.1.
Provides that proposed GS 108A-29.1 will become effective August 1, 2014.
Senate amendments make the following changes to the 3rd edition.
Amendment #1 amends GS 143-747 to remove the President of the University of NorthCarolina as a member of the Council of Internal Auditing.
Amendment #2 makes the following changes.
Amends GS 143-745(a)(1) todesignate the State Board of Education as the agency head for the Department of Public Instruction.
Amends GS 143-746(d), which directs an agency head to appoint a Director of Internal Auditing (Director), to provide that the Director is to report to the agency head or other specified entities as designated by the agency head.
|Intro. by Hastings, Stone, S. Ross, R. Brown.||GS 143|
AN ACT REQUIRING HEALTH CARE FACILITIES THAT PERFORM MAMMOGRAPHY EXAMINATIONS TO COMMUNICATE MAMMOGRAPHIC BREAST DENSITY INFORMATION TO PATIENTS AND TO MAKE A CORRECTION TO A STATUTE INVOLVING THE CANCER REGISTRY. Enacted July 23, 2013. Effective January 1, 2014.
|Intro. by Faircloth.||GS 130A|
Senate amendment makes the following change to the 1st edition.
Amends new GS 153A-303.1 to expand the standards upon which a board of commissioners may by resolution remove territory from a service district to include a finding that the service district does not have any obligation or expense related to the issuance of bonds.
|Intro. by McElraft.||GS 153A|
Senate committee substitute makes the following changes to the 5th edition.
Amends the short and long titles.
Deletes provisions which established a Voter Information Verification Advisory Board within the State Board of Elections.
Adds that Parts 1 through 6 of the act will be known and cited as the Voter Information Verification Act (VIVA).
Amends proposed GS 163-166.13, concerning photo identification requirements for voting in person, deleting statutory references in proposed GS 163-166.13(a) to GS 163-82.6A, 163-166.7, and 163-166.9. Amends the exception to requiring photo identification for those who are a victim of a natural disaster, specifying that a voter that declares that a lack of photo identification is due to a natural disaster on the appropriate form provided by the State Board is not required to provide photo identification in any county subject to the disaster declaration (previously, did not limit the exception to only the counties subject to the declaration). Provides additional requirements for the declaration form, requiring that the form is must be available from the State Board of Elections, from each county board of elections in counties subject to the disaster declaration, at each polling place, and one-stop early voting sites in the applicable counties. Provides that the voter must submit the completed form at the time of voting.
Amends the provisions which set out what is considered and deemed to be appropriate photo identification for voting, deleting language which previously approved the following types of photo identification:
(1) An identification card issued by UNC or its constituent institutions.
(2) An identification card issued by a North Carolina community college.
(3) An identification card issued to a fireman, EMS, hospital employee, or law enforcement officer.
(4) An identification card issued by a unit of local government, public authority, or special district, as defined in GS 159-7.
(5) An identification card issued for a government program of public assistance.
(6) An identification card that bears a date of expiration and was not expired on the day the voter reached the age of 70 issued by a branch, department, agency, or entity of the US, North Carolina, or any other state.
Amends the requirements for acceptance of tribal enrollment cards, providing that the only tribal enrollment cards that will be considered as acceptable photo identification is a tribal enrollment card issued by a federally recognized tribe or a tribe recognized by NC under GS Chapter 71A.
Provides further requirements for photo identification, requiring that photo identification must (1) have a printed expiration date, except for US military ID cards and Veterans Identification Cards issued by the VA, (2) not be expired, however, any voter 70 years old at the time of presentation at the voting place will be permitted to present an expired form of any of the approved photo identifications that was unexpired on the voter's 70th birthday. Provides that specified types of photo identification, even if it does not contain a printed expiration date, will be acceptable if it has a printed issuance date that is not more than eight years old before it is presented for voting, however, military ID cards and Veterans ID cards are never required to have a printed issuance date.
Deletes proposed changes to GS 163-82.6A(b), concerning the attestation and proof of residence, found in Section 7 of the 5th edition.
Makes technical changes to proposed GS 163-182.1A(a), concerning counting provisional ballots.
Makes clarifying changes to proposed GS 163-87(5), providing that except as provided in GS 163-166.13(d) and GS 163-166.14, any registered voter of the precinct can challenge a voter if the voter does not present photo identification in accordance with GS 163-166.13 (previously, did not include language providing for exceptions to the challenge pursuant to the cited statutes).
Amends proposed changes to GS 163-275(13), providing a new reference to GS 20-37.7(d)(6).
Amends the proposed language for GS 163-229(b)(7), requirements for container-return envelopes, expanding the language to provide that if there is not room on the envelope to prominently display the unlawful election related acts under GS 163-226.6 and GS 163-275, then the State Board of Elections can provide that disclosure on a separate piece of paper, included along with the container-return envelope. Makes clarifying changes.
Amends GS 163-230.1, concerning ballots for those absent for sickness or physical disability, providing that such ballots can personally delivered by the county board of elections to the voter or the voter's near relative or verifiable legal guardian (previously, only provided for personal delivery, without specifying to whom delivery was allowed).
Amends proposed GS 163-230.2, concerning requesting absentee ballots, making clarifying changes that provide that once verified, absentee ballots and certifications forms will be mailed to the voter (was, sent to the voter), unless personally delivered to the requester in accordance with GS 163-230(a1) (previously, did not include language regarding personal delivery). Makes a technical correction to a statute citation in proposed GS 163-230.2(a3).
Amends GS 163-231, providing that the requirement for two witnesses, provided in subsection (a) of this section, will be satisfied if witnessed by a notary public that complies with all the other requirements included in that subsection. Directs the notary to affix a valid notarial seal to the envelope, and include the word "Notary Public" below his or her signature. Makes clarifying changes that provide that "delivered in person", used in GS 163-231(b) and referring to the delivery of executed absentee ballots to specified approved locations, also includes delivering the ballot to an election official at a one-stop voting site under GS 163-227.2 during any time that site is open for voting. Requires the ballots to be kept securely and delivered by election officials at that site to the county board of elections for processing.
Deletes provisions that required the State Board of Elections to reimburse the DMV, the State Registrar, and county registers of deeds for direct costs incurred in administering authorized fee waivers and to reimburse local governments for direct costs incurred in issuing photo identification in certain situations.
Amends GS 163-226.3(a)(4), providing that when neither relative nor a verifiable legal guardian is available to assist a voter, and a multipartisan team is not available to assist the voter within seven calendar days of a telephonic request, the voter can obtain voting assistance from any person other than the following: (1) an owner, manager, director, employee of the hospital, clinic, nursing home, or rest home in which the patient resides, (2) an individual who holds any elective office under the US, NC, or any political subdivision of the State, (3) any candidate for nomination or election to the offices previously mentioned, or (4) any individual who holds any office in a State, congressional district, county, or precinct political party or organization, or a campaign manager or treasurer for any candidate or political party.
Directs the State Board of Elections to adopt rules prior to October 1, 2013, concerning the new provisions concerning the multipartisan teams authorized by GS 163-226.3(a)(4). Sets out what the adopted rules should address and ensure.
Proposes a new subsection GS 10B-30(d), providing that a notary cannot charge any fee for witnessing and affixing a notarial seal to an absentee ballot application or certificate under GS 163-231.
Proposes new subsection GS 163-82.20(j), which provides that, with the appropriate specified approval, senior centers or facilities operated by the county, as well as parks and recreation services operated by the county, can offer voter registration in accordance with the applicable regulations.
Requires the State Board of Elections to disseminate (1) information about photo identification requirements for voting, (2) information on how to obtain appropriate photo identification for voting and (3) assist registered voters with obtaining photo identification. Sets out the guidelines and requirements for such. Deletes the requirement that the State Board of Elections must work with county boards of elections to assist voters in obtaining photo identification through the local governments that make photo identification available.
Amends the act to establish the following effective dates:
Parts 1 and 6 of this act are effective when this act becomes law.
Part 2 of this act becomes effective January 1, 2016, and applies to primaries and elections conducted on or after that date.
Part 3 of this act becomes effective January 1, 2014.
Part 4 of this act becomes effective January 1, 2014, and applies to primaries and elections held on or after that date, except that Section 4.6(b) is effective when it becomes law.
Part 5 of this act becomes effective October 1, 2013.
At any primary and election between May 1, 2014, and January 1, 2016, any registered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each primary and election between May 1, 2014, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting. If that voter indicates he or she does not have one or more of the types of photo identification appropriate for voting, that voter shall be asked to sign an acknowledgment of the photo identification requirement and be given a list of types of photo identification appropriate for voting and information on how to obtain those types of photo identification. The list of names of those voters who signed an acknowledgment is a public record.
Requires the Joint Legislative Elections Oversight Committee to study the method of filling vacancies in the General Assembly, and recommend any legislation it deems advisable. Allows the Committee to make an interim report prior to the date that the General Assembly reconvenes for the 2013 Regular Session in 2014. Final report is due before the convening of the 2015 Regular Session.
Amends GS 163-12, concerning filling vacancies in the US Senate, providing that if the vacating Senator was elected as the nominee of a political party, the person appointed to the seat by the Governor must be a person affiliated with that same political party.
Requires the Joint Legislative Elections Oversight Committee to study the method of filling vacancies in the US House of Representatives by special election, and recommend any legislation it deems advisable. Allows the Committee to make an interim report prior to the date that the General Assembly reconvenes for the 2013 Regular Session in 2014. Final report is due before the convening of the 2015 Regular Session.
Amends GS 163-287 to require a special election called by a local government or special district to be held at the same time as any other state, county, or municipal general election or at the same time as the primary election in an even-numbered year. Creates new subsections (c), (d), and (e) to exempt the following from the requirement: special elections related to the public health or safety, including a vacancy in the office of sheriff or a bond referendum for the financing of health or sanitation systems, if the governing body adopts a resolution stating the need for the special election at a different time from the general election or primary; (2) municipal incorporation or recall elections pursuant to a local act of the General Assembly; and (3) municipal elections to fill vacancies pursuant to a local act of the General Assembly where more than six months remain in the term of office; if less than six months remain, the governing board may fill the vacancy. Specifies that the court's or the State Board of Elections' authority to order a new election is not impacted.
Enacts new GS 163-3 to require special elections be conducted as required by GS 163-287. Amends GS 18B-601(f) (alcoholic beverage election), Amends GS 18B-601(f) (alcoholic beverage election), GS 160A-103 (referendum petition), GS 159-61(b) (bond referendum), and GS 160A-104 (initiative petition) to conform the applicable elections to GS 163-287. Makes additional conforming and clarifying changes to various applicable statutes to provide that special elections must be conducted in accordance with GS 163-287.
Amends GS 69-25.2 and GS 105-465, deleting language stating that no new registration of voters will be required for the special elections. Also deletes language related to the registration of these voters and related notice requirements. Amends GS 105-473(a), deleting provision allowing all voters in the County that are properly registered no later than 21 days prior to the election to vote in the special election.
This part effective January 1, 2014, and applies to special elections held on or after that date.
Amends GS 163-45, concerning the appointment of voting place observers, providing that the chair of each political party in the county has the right to designate 10 additional at-large observers that are residents of that county, which can attend any voting place in that county. Provides that in addition to allowing two observers from the same political party to be permitted in the voting enclosure, one at-large observer can also be in the voting enclosure. Provides that the list of authorized at-large observers must be submitted to the county supervisor of elections, and then the supervisor will provide the list to the chief judge. Allows the list to be amended between the one-stop period under GS 163-227.2 and the general election day to substitute one or all at-large observers for election day. Further provides that at-large observers can serve at any one-stop site. Authorizes observers to be present and move about the voting place prior to, during, and following the closing of the polls, until the chief judge and judges have completed all of their duties. Observers are also allowed to observe precinct officials checking voter registration from a position that provides clear hearing and the understanding of voter responses. Sets out the rules and procedures regarding the restriction of movement or expulsion of an observer, requiring a written and signed statement regarding the action. Provides for a challenge to the limitation or expulsion by the observer.
Repeals GS 163-82.1(d) and GS 163-82.3(a)(5), which provided for the pre-registration of persons who are at least 16 years of age but will not be 18 years of age by the date of the next election and that are otherwise qualified to register.
Amends GS 163-82.4(d), 163-82.23, 163-82.19(a), 163-82.20, 115C-81(g1)(1), and 115C-47(59), making conforming changes, reflecting the repeal of voter pre-registration.
Encourages the Department of Public Instruction to improve outreach to high school students in regards to registering to vote when eligible.
Effective September 1, 2013. Provided all voter pre-registrations completed and received by the State Board prior to that date will be processed and those voters will be registered as appropriate.
Amends GS 163-82.6(b) to provide that an electronically captured signature is not valid on a voter registration form, except as provided in Article 21A.
Amends GS 163-274 to make it a Class 2 misdemeanor for any person to be compensated according to the number of form submitted for assisting persons in registering to vote.
Repeals GS 163-82.6A (in-person registration and voting at one-stop sites) and makes the following conforming changes. Amends GS 163-82.6(c), deleting the exception to provision for registration deadlines for a primary or election. Amends GS 163-59, deleting the provision that formerly allowed persons qualified by age to vote in the general election but not the primary to register and vote in both elections pursuant to GS 163-82.6A(f) for a party primary. Amends GS 163-166.12(b2), deleting the provision that identified the proper identification documents that were required if the individual registers and votes under GS 163-82.6A. Amends GS 163-283, deleting the provision that formerly allowed persons qualified by age to vote in the general election but not the primary to register and vote in both elections pursuant to GS 163-82.6A(f) for a party primary. Amends GS 163-283.1, deleting the provision that formerly allowed persons qualified by age to vote in the general election but not the primary to register and vote in both elections pursuant to GS 163-82.6A(f) for a nonpartisan primary. Amends GS 163-330, deleting the provision that formerly allowed persons qualified by age to vote in the general election but not the primary to register and vote in both elections pursuant to GS 163-82.6A(f) for a primary. Amends GS 163-227.2(a), deleting the reference to GS 163-82.6A as an applicable section for voters using absentee ballots.
Amends GS 163-227.3 and GS 163-258.9 to provide that in a presidential election year, the board of elections must provide general election ballots no later than three days after the nomination of the presidential and vice presidential candidates if the nomination occurs later than 63 days before the statewide general election and makes compliance with the 60-day deadline impossible.
Amends GS 163-82.14 require the State Board of Elections to adopt a uniform program that makes a diligent effort, not less than twice each year to (1) remove the names of ineligible voters from the list of eligible voters, and (2) update the data of person remaining on the official list of eligible voters. Also allows the State Board of Elections to enter into data-sharing agreements with other states to cross-check information on voter registration and voting records. Requires any data sharing agreement to require that a data sharing agreement require the other state(s) to comply with GS 163-82.10 (Official record of voter registration) and GS 163-82.10B (Confidentiality of date of birth).
Requires the State Board of Elections to actively seek ways to share and cross-check information on voting records and voter registration with other states to improve the accuracy of voter registration lists, using resources such as the Electronic Registration Information Center and by entering into interstate compacts.
Effective when the act becomes law.
Repeals GS 163-82.25 (mandated voter registration drive).
Amends GS 163-84 to provide that the registration records of each county are to be open to inspection by any registered voter of the state (was, of the county) during the normal business hours of the county board of elections on the days when the office is open. Amends GS 163-87 to provide that on the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the county (was, of the precinct) may exercise the right of challenge. Makes conforming changes.
Amends GS 163-106, GS 163-294.2, and GS 163-323 to provide that a person has the right to withdraw a notice of candidacy at any time before the close of business on the third business day before the filing deadline.
Amends GS 163-107.1 to require written petitions, filed in lieu of paying a filing fee, to be signed by 5% (was, 10%) of the state's registered voters who are affiliated with the same party [or in the case of candidates for US Senator, Governor, Lieutenant Governor, or any state executive officer), or by no less than 8,000 (was, 10,000) registered voters regardless of the voter's party affiliation, whichever requirement is greater].
Amends GS 163-113 to provide that a person who has been declared a party's nominee for a specified office under GS 163-182.15 or GS 163-110 is not allowed to resign as a candidate, unless before the first day on which military and overseas absentee ballots are transmitted to voters under Article 21A, that person submits to the board of elections which certified the nomination a written withdraw request.
Requires the Joint Legislative Elections Oversight Committee to study optimal numbers of voters in election precincts to reduce overcrowding and long lines. Requires examining the size of the polling place, its accessibility, and parking availability. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the General Assembly convenes in 2015.
Amends GS 163-227.2 to provide that no earlier than the second (was, third) Thursday before an election, in which a voter seeks to vote an no later than 1 pm on the last Saturday before that election, the voter must appear in person only at the office of the county board of elections. Requires a county board of elections to conduct on stop voting on the last Saturday before the election until 1pm (no longer allows conducting one stop voting until 5pm on that Saturday). Requires that plans of implementation provide for the same hours and days of operation for all additional sites in that county for that election. This requirement does not apply to the county board of elections office itself, nor to the reasonably proximate alternate site if one-stop voting is not conducted at the county board of elections office.
Amends GS 163-130 to require a unanimous vote in order for a county board of elections, upon approval of the State Board of Election, to establish a plan for elderly or disabled voters to vote at designated sites within the precinct other than the regular voting place. Adds that any approval is only effective for one year and is to be reviewed annually for extension. Effective January 1, 2014. Requires all plans approved under GS 163-130 before January 1, 2014, to be reviewed and adopted according to GS 163-130, as amended by this section.
Repeals GS 163-132.1 (participation in 2000 census redistricting data program of the United States Bureau of the Census).
Requires the Joint Legislative Elections Oversight Committee to study the second primary and recommend legislation to the General Assembly. Allows the study to include whether to go to a plurality method of determining primary results; whether to reduce the current 40% threshold; whether to keep the threshold at 40% but also allow a smaller percentage if the margin between first and second place finisher is substantial; and whether to have a different system for different offices. Allows an interim report before the General Assembly reconvenes in 2014, and requires a final report before the convening of the 2015 session.
Amends GS 163-165.4 to require the State Board of Elections to ensure that (was, seek to ensure that) official ballots throughout the state have the five specified characteristics.
Amends GS 163-165 to amend the definition of ballot to remove references to electronic voting and adds a definition of paper ballots. Amends GS 163-165.7 to to require voting systems to produce a paper ballot. Makes conforming changes replacing references to a paper "record" with "ballot." Makes conforming changes to GS 163-166.7, GS 163-182.1, GS 163-182.2, and GS 163-227.2. Amends GS 163-165 adding and defining the term paper ballot. Requires the decertification of any direct record electronic voting systems that do not use paper ballots and prohibits their use in any election held on or after January 1, 2018. Provides that decertification of such a system may not be appealed to the Superior Court of Wake County. Effective January 1, 2018.
Amends GS 163-165.6(d) to require that candidates in any ballot item on a general election official ballot, who are nominees of political parties reflecting at least 5% of the statewide voter registration, appear on the ballot in alphabetical order by party beginning with the party whose nominee for Governor received the most votes in the most recent gubernatorial election, and in alphabetical order within the party.
Amends GS 163-165.6(e) to prohibit a ballot from providing a place where a voter may vote with one mark for all the candidates of a single party ("straight-party voting") and makes a technical conforming change by repealing GS 163-182.1(a)(7).
Amends GS 163-166.01 to provide that if the polls are delayed in opening for more than 15 minutes, or are interrupted for more than 15 minutes, the closing time may be extended by the State Board of Elections for an equal amount of time. Require the Board to be available on the day of election to approve the extension. Deletes the provision allowing a county board of election to direct that the polls remain open until 8:30 pm in extraordinary circumstances.
Amends GS 163-166.8(a) regarding the assistance that may be offered to a registered voter qualified to vote in an election. Provides that any voter not covered by subdivision (2) of this section (applying to voters who are unable to enter a voting booth or mark a ballot without assistance due to physical disability, illiteracy, or blindness) is entitled to assistance from specified family members as selected by the voter and not from any other person other than the chief judge, judge, or assistant as provided by subsection (b) of this section. Provides in new subdivision (3) that a voter who is adjudicated incompetent by a court of law and has not been restored to competency is entitled to assistance only from that person's guardian, the chief judge or judge of elections, an assistant appointed under GS 163-42, or at a one-stop site a person authorized by the county board of elections under GS 163-227.2(g) to provide a similar function. Adds a new subsection (d) to this section to prohibit providing compensation to any person for providing assistance to voters with entering and exiting the voting booth and in marking ballots. Does not apply to election officials as authorized under subsection (b) of this section or a guardian under subsection (a)(3) who may be compensated for duties as a guardian.
Amends GS 163-213.2 to provide an exception to the scheduling of North Carolina's presidential primary, scheduled to be held on the Tuesday after the first Monday in May. Provides that if South Carolina holds its presidential primary before the 15th day of March, the North Carolina presidential primary is to be held on the Tuesday after the first South Carolina presidential primary of that year.
Amends GS 163-213.4 to require the chair of each political party to submit a list of its presidential candidates to the State Board of Elections to be placed on the ballot no later than 90 days before the North Carolina presidential primary (was, nominations had to be submitted by the first Tuesday in February of the year preceding the North Carolina presidential primary).
Amends GS 163-213.4 to authorize the State Board of Elections to add additional candidates to the presidential primary ballot. Requires that at least three members of the Board of Elections vote in support of the addition of the nominee and requires that the presidential primary nominee be affiliated with a political party that the Board of Elections finds is generally advocated and recognized in the news media throughout the United States or in North Carolina as candidates for the nomination by that party.
Under this act, Article 22D (the North Carolina Public Campaign Fund) of GS Chapter 163 is repealed effective January 1, 2014. Makes an exception to provide that GS 163-278.69, under Article 22D, is repealed effective upon the exhaustion of the funds for publication of the Judicial Voter Guide. Also repeals Article 22B of GS Chapter 163, Appropriations from the North Carolina Political Parties Financing Fund, and Article 22J.
Amends GS 84-34 to delete requirement that every active member of the North Carolina State Bar pay a $50 surcharge in addition to state bar dues to implement the provisions of Article 22D of GS Chapter 163. Effective for taxable years beginning on or after January 1, 2013.
Repeals GS 105-159.1, which provides that every individual whose income tax liability for the taxable year $3.00 or more may designate on his or her income tax return that $3.00 of the tax be credited to the North Carolina Political Parties Financing Fund for the use of the political party designated by the taxpayer. Also repeals GS 105-159.2, regarding the designation of tax to the North Carolina Public Campaign Fund. Makes conforming changes to GS 163-278.5.
Repeals GS 163-278.13(e2), limiting the amount of the contribution that a candidate for justice of the state Supreme Court or Court of Appeals may accept from a single contributor, and repeals GS 163-278.13(e4), setting parameters for accepting contributions by a candidate for an office subject to Article 22J of GS Chapter 163. Makes a conforming change to GS 163-278.13(e) and to GS 163-278.23.
Repeals GS 163-278.99E, regarding voter education, effective upon the exhaustion of the funds for publication of the Judicial Voter Guide in GS 163-278.69. Directs the Board of Elections to use the money in the North Carolina Public Campaign Fund to only publish Judicial Voter Guides as described in GS 163-278.69 until the funds have been exhausted. Directs the secretary-treasurer of the North Carolina State Bar to remit any payments of the $50 surcharge payable for the taxable year beginning January 1, 2013, to the Board of Elections, and directs the Board to credit the received funds to the NC Public Campaign Fund. Requires the Board to notify the Revisor of Statutes when the funds for the publication of the Judicial Voter Guide have been exhausted.
Except as otherwise indicated, this Part becomes effective July 1, 2013.
Enacts new GS 90-210.25C to encourage a funeral director or funeral service licensee, at the time funeral arrangements are made, to make available a form (provided by the county board of elections) upon which the nearest relative may report the status of the deceased voter to the county board of elections. Makes conforming changes to GS 163-33. Amends GS 163-82.14 to require each county board of election to remove from its voter registration records individuals identified as deceased by a signed statement of a near relative or personal representative of the deceased's estate. Effective October 1, 2013.
Directs the Joint Legislative Elections Oversight Committee to study requiring campaign finance reports to be filed electronically and to recommend to the General Assembly any legislation it deems advisable. Provides that the Committee may make an interim report prior to the reconvening of the General Assembly for the 2013 Regular Session in 2014 and requires the Committee to make a final report before the convening of the 2015 Regular Session of the General Assembly.
Amends subsections (a), (b), and (c) of GS 163-278.13 to prohibit an individual, political committee, or other entity from contributing money or any other contribution in excess of $5,000 (was, $4,000) to any candidate or political committee for an election. Also prohibits a candidate or political committee from accepting or soliciting a contribution from any individual, other political committee, or other entity in any election in excess of $5,000 (was, $4,000). In spite of these prohibitions, makes an exception to make it lawful for a candidate or the candidate's spouse (was, spouse, parents, brothers, and sisters) to make a contribution to a candidate or the candidate's treasurer of any amount of money or to make any other contribution in any election in excess of $5,000 for that election. Effective for contributions made on or after January 1, 2014.
Adds new subsection (a1) to GS 163-278.13 to provide for an increase in the dollar amount established in subsections (a), (b), and (c) in this section, effective for each odd-numbered calendar year beginning in 2015. Provides criteria for calculating the amount of the increase. Provides that the revised amount of the dollar limit is to be in effect for two calendar years until the next adjustment is made. Directs the State Board of Elections to publish the revised amount in the NC Register and to notify the Reviser of Statutes to adjust the dollar amounts in subsections (a), (b), and (c) of this section.
Repeals GS 163-278.13(e3), which prohibited superior court judge or district court judge candidates from accepting, and contributors from making to that candidate, a contribution in any election exceeding $1,000, except as provided in subsection (c) of the statute.
Amends GS 163-278.19B(4) to restrict use of a political party headquarters' building fund to use only for (1) purchasing, constructing, renovating, or paying the mortgage on a principal headquarters building (was, headquarters building), (2) repaying donors if a principal headquarters building is not purchased, constructed, or renovated, or (3) to pay rent or utility expenses incurred in operating the principal headquarters building. Specifies that donations deposited into the building fund account may only be used for the identified purposes and specifically prohibits use of the funds for headquarter equipment other than fixtures, personnel compensation, or travel or fundraising expenses or requirements of any kind. However, provides for the payment of compensation and benefits to no more than three personnel whose functions are primarily administrative in nature and whose job functions require no more that 10% of work time to be spent on political advocacy each calendar year.
Repeals GS 163-278.39A regarding disclosure requirements for television and radio advertisements supporting or opposing the nomination or election of one or more clearly identified candidates. Amends GS 163-278.39(b) regarding size requirements for disclosure statements in political advertisements. Provides that in a television advertisement where the ad is paid for by a candidate or a candidate campaign committee, the visual disclosure legend must appear simultaneously with an easily-identifiable photograph of the candidate.
Amends GS 163-19(a) to provide that no person may serve more than two consecutive four-year terms on the State Board of Elections. Effective when the section becomes law and applies to members appointed on or after that date.
Amends GS 163-278.13C to clarify provisions prohibiting lobbyists from making a contribution to a candidate or a candidate campaign committee that is a legislator as defined in GS 120C-100 or a public servant as defined in GS 138A-3(30)a and GS 120C-104. Effective October 1, 2013 and applies to contributions made on or after that date.
Repeals Article 22G of GS Chapter 163, governing candidate specific communications. Repeals Article 22H of GS Chapter 163, appropriations from the NC Political Parties Financing Fund. Makes conforming changes to GS 163-278.5 and GS 163-278.23.
Makes clarifying changes to GS 163-55(a), choosing to specify use of the term "precinct" to identify where a person is to vote (was, precinct, ward, or other election district). Clarifies that a person must have resided in the precinct in which that person votes for 30 days preceding an election; however, also provides that no person is to be deprived of the right to vote in a precinct from which the person has been removed until 30 days after the person's removal. Amends subsection (b) to delete provision regarding an election district that encompasses more than one precinct.
Amends GS 163-82.15(e), regarding a person's failure to report a move to another precinct within the county, to delete provision that permitted a voter subject to this subsection to vote a provisional ballot under GS 163-166.11. Amends GS 163-166.11(5), regarding provisional voting requirements, to provide that the ballot of a voter who did not vote in the proper precinct under GS 163-55 or a central location as provided by that section will not be counted. Makes a technical change to GS 163-182.2(a)(4).
Amends GS 163-278.6(8j) to modify the definition of the term electioneering communication to include as a characteristic that the communication is aired or transmitted after September 15 in the case of a general election in November of an even-numbered year and within 60 days of the time set for absentee voting in any other election year.
Amends GS 163-329(b1) to provide that when a vacancy for the office of justice of the state Supreme Court, judge of the Court of Appeals, or the judge of superior court occurs less than 64 days before the date of the second primary, a general election for all the candidates is to be held on the same day as the general election for members of the General Assembly and the results will be determined on a plurality basis as provided by GS 163-292. Deletes provisions regarding the use of the "instant runoff" voting method to determine the winner.
Enacts new GS 163-166.11A to require an election official who issues a provisional ballot to a voter to annotate in writing or other means on the ballot that it is a provisional ballot.
Amends GS 163-278.13(d) to make changes to the election cycle. Effective January 1, 2014.
Amends the definition of political committee in GS 163-278.6(14) to require the entity make or accept anything in excess of $500 of value (was, accepts anything of value) to make, contributions or expenditures and has one or more of the specified characteristics.
Requires the Joint Legislative Elections Oversight Committee to study conforming political committees, electioneering communications, and independent expenditures reporting schedules to similar dates and information and recommend legislation. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the convening of the 2015 Regular Session.
Amends GS 163-278.39 by removing the following from the requirements that must be met in order for any sponsor to sponsor an ad that constitutes an expenditure, independent expenditure, electioneering communication, or contribution required to be disclosed: (1) sponsor statement in the ad of the sponsor's position for or against a ballot measure; (2) disclosing the names of the individuals making the five largest donations to the sponsor within the six month period before the purchase of the ad if those donations are required to be reported, when the ad is a print ad supporting or opposing the nomination or election of nor or more clearly identified candidates that is an independent expenditure; and (3) disclosure by the sponsor of the names of those making the five largest donations to the sponsor within the six months before the ad purchase if those donations are required to be reported, in the case of a print ad that is an electioneering communication.
Requires the Joint Legislative Elections Oversight Committee to study the elimination of the 48 hour campaign finance reported provided by GS 163-278.9(4a), and recommend legislation. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the convening of the 2015 Regular Session.
Amends GS 120-133 to add that nothing in the statute or in GS Chapter 132 is to be construed as a waiver of the common-law attorney client privilege nor of the common law work product doctrine with respect to legislators.
Amends GS 14-309.15 to allow candidates and political committees to conduct raffles. Defines candidate and political committee.
Includes a severability clause.
Except as otherwise provided, the act is effective January 1, 2014.
|Intro. by Warren, Murry, T. Moore, Samuelson.||GS 105, STUDY, GS 115C, GS 10B, GS 14, GS 18B, GS 20, GS 63, GS 69, GS 90, GS 106, GS 115D, GS 120, GS 130A, GS 139, GS 147, GS 153A, GS 158, GS 159, GS 160A, GS 161, GS 162A, GS 163|
Senate amendments make the following changes to the 6th edition.
Amendment #4 makes the following changes.
Amends GS 163-227.2(g) to require a plan of implementation adopted by the county board of elections or the State Board of Elections to provide for the same days of operation and same number of hours of operation on each day for all sites in that county for that election (was, for the same hours and days of operation for all sites in that county for that election).
Amends GS 163-227.2 by adding (g2) to require, for any county board of elections that provided for one or more sites as provided in (g) during the 2010 or 2012 general election, (1) in elections that include a presidential candidate, the county must ensure that at least the same number of hours offered in 2012 are offered for absentee ballots to be applied for and voted through a combination of hours and numbers of one-stop sites during the primary and general election and (2) for elections for the General Assembly which do not include a presidential candidate, the county must ensure that at least the same number of hours offered in 2010 are offered for absentee ballots to be applied for and voted through a combination of hours and numbers of one-stop sites. Allows the State Board of Elections, to ensure compliance with this subsection, to approve a one-stop site in a building that the county board of elections is not entitled to demand and use as a voting place, but may deny approval if a member of the board presents evidence that other equally suitable sites were available and the use of the chosen site would unfairly advantage or disadvantage interests of that county.
Amendment #5 deletes the proposed changes to GS 163-166.8(a) and GS 163-166.8 concerning assistance to voters. Requires the Joint Legislative Elections Oversight Committee to study ways to improve protections for persons requiring assistance in voting places and recommend legislation. Allows for an interim report before the General Assembly reconvenes in 2014, and requires a final report before the 2015 Regular Session convenes.
Amendment #6 amends the definition of photo identification in GS 163-166.13 to require that ID has a printed expiration date and is unexpired (was, and has not expired).
Amends GS 163-230.2(a3) to require the county board of elections to, upon receiving a request form for an absentee ballot, to confirm that voter's registration (was, verify the voter's registration). Makes conforming changes.
Amends GS 163-231(b) to make clarifying and organizational changes. Also all ballots issued under the provision of this Article and Article 21A must be received by the county board no later than 5:00 pm on the day of the statewide primary or general election or county bond election.
Deletes the proposed new GS 163-82.20(j) and instead places that same language in GS 163-82.22.
Amends GS 163-45 to provide that while no more than two observers from the same political party are allowed in the voting enclosure at any time, in addition, one of the at-large observers from each party may also be in the voting enclosure. Also deletes the provision allowing an observer to be present and move about the voting place before, during and following the closing of the polls until the chief judge and judges have completed all of their duties, as well as allowing the observer to observe precinct official checking voter registrations from a position that allows clearly hearing and understanding voter responses.
Requires the Joint Legislative Elections Oversight Committee to study a bill of rights for election observers and recommend legislation. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the convening of the 2015 General Assembly.
Repeals GS 163-82.3A, other than (e). Makes a conforming change to the statute's catchline, renaming it Address and name changes at one-stop sites.
Amends GS 163-227.22(g) to provide that any implementation plan must provide for the same hours and days of operation for all sites (was, all additional sites) in that county for that election.
Deletes proposed changes to GS 163-82.15(e), which would have deleted the provision allowing any voter subject to (e) to vote a provisional ballot instead.
Deletes proposed changes to GS 163-278.6(14) and instead requires the Joint Legislative Elections Oversight Committee to study establishing a threshold for the creation of a political committee and recommend legislation. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the convening of the 2015 General Assembly.
Deletes Part 58 of the act, clarifying the scope of Chapter 132 and Article 17 of Chapter 120 of the General Statutes.
|Intro. by Warren, Murry, T. Moore, Samuelson.||GS 105, GS 115C, GS 10B, GS 14, GS 18B, GS 20, GS 63, GS 69, GS 84, GS 90, GS 106, GS 115D, GS 130A, GS 139, GS 147, GS 153A, GS 158, GS 159, GS 160A, GS 161, GS 162A, GS 163|
House committee substitute to the 2nd edition makes the following changes.
Amends GS 14-415.1 to provide that the statute does not apply to, there is no disentitlement under the statute for, and the firearms rights are restored to: (1) any person who had firearms rights restored before December 1, 1995, and the forfeiture of the person's rights after that date occurred only because of the effect of amendments to the statutes enacted by SL 1995-487 that were applicable to any person convicted of a felony before December 1, 1995, (2) the person's felony convictions before December 1, 1995, are only for nonviolent felonies, and (3) the person has not been convicted of any subsequent felony on or after December 1, 1995, that would require forfeiture of the person's firearms rights and cause the person to be disentitled under the statute.
Deletes all changes to GS 14-415.4, except the changes to (k) that increase the fee for a petition for restoring firearms rights to $250.
Amends the act's long title.
|Intro. by Speciale, Pittman.||GS 14|
Senate amendment makes the following changes to the 2nd edition.
Makes changes to the appointments, upon the recommendation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate, of persons to various public offices.
Deletes the appointment to the NC Arboretum Board of Directors.
Makes technical changes, correcting the names of appointees whose names are spelled incorrectly and making other corrections to the names of appointees.
Removes and replacesappointees to the Roanoke Island Commissionand the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board.
Inserts a new section making an appointment to the North Carolina CemeteryCommission and a new section making an appointment to the Rural Infrastructure Authority.
Reduces the number of named appointees to the North Carolina Crime Victims' Compensation Commission from two to one.
|Intro. by Rules, Calendar, and Operations of the House.||UNCODIFIED|
House committee substitute makes the following changes to the 2nd edition.
Directs the Advisory Committee (Committee) to develop a specific plan for the implementation of changes in the juvenile justice system that are required in order to extend jurisdiction in delinquency matters and proceedings to include 16 and 17 year olds charged with misdemeanor offense in the juvenile justice system. Requires the plan to include cost estimates for each portion of the plan, including capital costs, operating costs, and staffing costs. Provides that the implementation of the expansion should be monitored and additional recommendations should be made to the General Assembly as necessary. Once the plan is approved by the Committee, the Subcommittee is directed to oversee a two-year pilot program of the juvenile civil citation program in at least three, but no more than six counties (previously, did not provide a limit on the number of counties the pilot program can be expanded to). Directs the Subcommittee to also report on the status of the plan for implementing the program statewide. Requires approval of the statewide plan before establishing a juvenile civil citation program. Makes conforming changes. Extends the deadline for appointing committee members, for the initial meeting, and for creating a subcommittee. Extends reporting deadlines.
Provides that the Committee's interim report must contain the specific plan and cost estimates for capital, operating, and staffing costs for implementation of this act. Additional interim reports are required to be submitted by the Committee, containing updates on the planning steps completed towards implementation, and any legislative, administrative, and funding recommendations, by January 15 of each year. Requires the final report to also include information on the implementation of this act, and to be submitted by January 15, 2022, to the Governor and General Assembly (previously, stated the report would also be submitted to the citizens of the State). Directs the Division of Juvenile Justice of the Department of Public Safety to use up to $25,000 of the funds appropriated to it to develop and implement the plan required by this section (previously, directed the funds to be used to carry out the study and devise the implementation plan).
Extends all the effective dates found in the act by three years.
Senate amendment #2 makes the following changes to the 2nd edition.
Amends GS 20-109.1(b)(2) to clarify that the salvage vehicle owner must act in accordance withthe provisions of subdivision (b)(1) of this section in the assignment and delivery of the vehicle's certificate of title to the insurer. Adds new subsection (h) to this section, declaring that the Division of Motor Vehicles (DMV) is not subject to a claim under Article 31 of GS Chapter 143 that is related to the cancellation of a title under this sectionif the claim is based on reliance by the DMV on any proof of payment or notice submitted to the DMV by a third party under subdivision (b)(2) or subsection (e1) of this section.
Amends subdivision (10) of GS 20-85(a)to provide that the subdivision sets the fee for each application for a salvage certificate of title made by an insurer or by a used motor vehicle dealer under subdivision (b)(2) or subsection (e1) of GS 20-109.1 (was, under GS 20-109.1(e1)).
Makes a correction to punctuation.
Senate committee substitute makes the following changes to the 4th edition.
Amends the title of the act to reflect changes in the bill content.
Amends GS 126-95 by adding new subsection (c) to define the term eligible officers and employees as used in this section to mean any officer or employee who is authorized the participate in the Teachers' and State Employees' Retirement System (TSERS) and the State Health Plan (SHP).
Part II. through Part IX.
No changes from previous edition.
Enacts new Article 1B, Transparency in Health Care Costs, in GS Chapter 131E. Provides that the intent of the Article is to improve transparency in health care costs by providing information to the public on the costs ofthe most frequently reported diagnostic related groups (DRG)for hospital inpatient care and the most common surgical procedures and imaging procedures in hospital outpatient settings and ambulatory surgical facilities. Requires the Department of Health and Human Services (DHHS) to make available on its website the most current price information it receives from hospitals and ambulatory surgical facilities; sets out minimum requirements for that information. Requires each hospital, beginning with the quarter ending June 30, 2014, to provide DHHSfive specified pieces of information about the 100 most frequently reported admissions by DRG for inpatients, including the total amount of Medicare reimbursements. Requires theNC Medical Care Commission (Commission) to adopt rules to ensure implementation of this requirement byMarch 1, 2014, and specifies information to be included in the rules. Requires each hospital and ambulatory surgical facility to provide DHHS informationon the total costs forthe20 mostcommon surgical procedures and the 20 most common imaging procedures along with related codes.Requires theCommission to adopt rules to ensure implementation of this requirement by June 1, 2014,and specifies information to be included in the rules. The information required may be provided to a patient upon request. Requires a hospital or ambulatory surgical facility required to file a Schedule H, federal form 990, to provide the public with access to its financial assistance policy and its annual financial assistance costs. Requires the information to be reported to DHHS annuallyand to be reported on the DHHS website and at the organization's place of business.
Directs the State Health Plan (SHP)for Teachers and State Employees to establish a workgroup to examine the best way to provide teachers and state employees with greater transparency in regards to health services costs under the SHP. Requires the SHP to report its findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Committee on Governmental Operations on or before December 31, 2013, and annually through December 31, 2016.
Directs the Department of Health and Human Services (DHHS) to communicate, not later thanSeptember 1, 2013, the requirements of Section 2 of the act to all hospitals licensed pursuant to Article 5 of GS 131E and Article 2 of GS 122C, as well as to all ambulatory surgical facilities licensed pursuant to Part 4 of Article 6 of GS 131E.
Amends GS 131E-97.3, providing that competitive health care information does not include the information that hospitals and ambulatory surgical facilities are required to report under GS 131E-214.6. Effective January 1, 2014.
Amends GS 131E-99,excluding information a hospital or an ambulatory surgical facility is required to report under GS 131E-214.6 from the confidentiality requirements for health care contracts. Effective January 1, 2014.
Enacts new GS 131E-273, Certain charges/payments prohibited, providing that it is unlawful for any provider of health care services to charge or accept payment for a health care procedure that was not actually performed or supplied. Effective December 1, 2013, and applies to health care procedures and services rendered on or after that date. Does not apply to administrative actions or litigation filed before the effective date of this part.
Amends GS 105A-2(9) (regarding debt set off collection)to exclude the following from the definition of a state agency: (1) any school of medicine, clinical program, facility, or practice affiliated with one of the constituent institutions of the University of North Carolina that provides medical care to the public and (2) the University of North Carolina Health Care System and other persons or entities affiliated with or under the control of the University Health Care System. Effective January 1, 2014, and applies to tax refunds determined by the Department of Revenue on or after that date.
Amends GS 131E-91 to apply to fair billing and collections practices for hospitals and ambulatory surgical facilities. Includes provisions that require bills to be legible, easily understandable, and to includeclear explanations when the use of medical codes and terms is unavoidable. Also identifies reasonable collection practices which hospitals and ambulatory surgical facilities must use. Prohibits the use of wage garnishment, a lien on a patient's primary residence, or a forced sale as a means of collecting an unpaid bill.
Repeals Article 2A of GS Chapter 131E, Garnishment for Debts Owed Public Hospitals.
Enacts new GS 131E-147.1 (Fair billing and collections practices for ambulatory surgical facilities) providing that all ambulatory surgical facilities licensed under Part 4 of Article 6 of GS Chapter131E will be subject to the fair billing and collections practices as set out in GS 131E-91.
Amends GS 58-3-245, changing section name to Provider directories; cost tools for insured (was, Provider directories) and requires that health benefit plans that utilize a provider network must ensure that a patient is provided accurate and current information about each provider's network status through both the telephone system and any electronic or online system.Adds new GS 58-3-245(d), establishing that health care providers must provide patients or prospective patients, upon request, with information regarding that provider's network status with a particular health benefit plan.
Effective October 1, 2013, and applies to hospital and ambulatory surgical facility billings and collections practices occurring on or after that date.
Enacts new GS 90-413.3A, Required participation in NC HIE for some providers, requiring any hospital, as defined in GS 131E-76(c) and that has an electronic health record system, to connect to the NC HIE and submit individual patient demographic and clinical data on services paid for with Medicaid funds. Also includes three specific findings by the General Assembly which provides the basis for requiring the connection to the NC HIE. Effective January 1, 2014.
Unless otherwise indicated, act is effective when it becomes law.
AN ACT TO SIMPLIFY THE NORTH CAROLINA TAX STRUCTURE AND TO REDUCE INDIVIDUAL AND BUSINESS TAX RATES. Enacted July 23, 2013. Effective July 23, 2013, except as otherwise provided.
Amends Rule 61.1 of the permanent rules of the Regular Session of the House of Representatives of the 2013 General Assembly, providing that assigned office space is considered to be private to the member, and no individual, other than legislative staff, can enter the area containing the member's work area without permission of that member or the member's designee in the event that area is unattended.
Provides that for the purposes of making office assignments or other duties, the Chair of the Rules Committee of the House, if accompanied by a joint legislative employee of the General Assembly, can enter an area containing a member's desk and work area at any time without permission of that member or the member's designee.
|Intro. by Rules, Calendar, and Operations of the House.||HOUSE RES|
The Daily Bulletin: 2013-07-24
Conference report to the 5th edition is to be summarized.
House committee substitute makes the following changes to the 3rd edition.
Amends the short and long titles.
Provides that the act applies only to Guilford County and municipalities located wholly or partly within that county (previously, applied to the following counties: Burke, Graham, Guilford, Haywood, Jackson, Macon, Mecklenburg, Swain, Union, and Wake and any municipality located wholely within those counties. Also applied to the City of High Point and the Town of Morrisville. Also provided that the act did not apply to the Town of Rolesville).
Deletes language that amended Section 2 of SL 2007-86, to provide that the act, SL 2007-86, only applied to the Town of Cary.
Effective October 1, 2013, and applies to notices given on or after that date.
|Intro. by Wade, Barringer.||Guilford|
House amendment to the 4th edition deletes the act's provisions and replaces it with the following.
Amends GS 1-596 (Charges for legal advertising), providing that when a government notice is required to be published more than once and is paid for by the government entity, but not paid in advance by or recouped from private parties, then the governmental entity cannot be charged for the second and successive insertions of that notice at a rate greater than 85% of the original rate.
Amends GS 1-597 (Regulations for newspaper publication of legal notices, advertisements, etc.), establishing rules and requirements for electronic and internet publication of legal notices or other documents or papers that are required by NC law to be published in a newspaper including but not limited to, that each notice must be placed on the newspaper's website, at no additional charge, on the same day that the notice appears in the newspaper, and that if a legal notice is published in the newspaper but cannot be published on the newspaper's website, the publishing newspaper will place the notice on the statewide internet website, established and maintained by the NC Press Association as a repository for such notices. Includes provisions for email notifications and concerning errors in notices posted online.
Makes technical changes.
Effective October 1, 2013, and applies to notices that must be published on or after that date, except that it does not apply to notices permitted to be published on a government website in lieu of newspaper publication pursuant to an ordinance enacted before that date.
Amends the act's long title.
|Intro. by Wade, Barringer.||GS 1|
House committee substitute to the 4th edition makes the following changes.
Amends GS 14-256 to provide that a person is guilty of a Class H felony for escaping from any prison, jail, or county or city lockup, or from the custody of an officer if the person has also been charged with or convicted (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 Section 1, amending GS 153A-225, effective August 1, 2013.
Makes conforming changes to the act's short and long titles.
AN ACT TO REQUIRE THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA TO RECOGNIZE THE CHEROKEE LANGUAGE AS A LANGUAGE FOR WHICH A STUDENT MAY SATISFY A FOREIGN LANGUAGE COURSE REQUIREMENT FOR DEGREE COMPLETION. Enacted July 23, 2013. Effective July 23, 2013, and applies beginning with the 2013-14 academic year.
|Intro. by Brock.||GS 116|
House committee substitute makes the following changes to the 3rd edition.
Amends the long title.
Amends proposed GS 131E-214.6(b), which requires each hospital, beginning with the quarter ending March 31, 2014, to provide DHHS with specified pieces of information about the 100 most frequently reported admissions by DRG for inpatients, clarifying that they must provide information on the five largest health insurers providing payment to the hospital on behalf of teachers and State employees in addition to insureds (previously, only provided for information to be submitted on insureds). Adds new language providing that a hospital is not required to report the information required by GS 131E-214.6(b) when the reporting of such information could reasonably lead to the identification of the people that were admitted to the hospital in violation of HIPAA regulations. Changes the date by which the NC Medical Care Commission (Commission) must adopt rules to ensure implementation of this requirement to March 1, 2014 (was, January 1, 2014).
Requires each hospital and ambulatory surgical facility to provide DHHS information on the total costs for the 20 most common surgical procedures and the 20 most common imaging procedures along with related codes beginning with the quarter ending September 30, 2014 (was, June 30, 2014). Provides that information that would lead to the identification of people admitted to the hospital, in violation of HIPAA regulations is not required to be submitted. Requires the Commission to adopt rules to ensure implementation of this requirement by June 1, 2014 (was, March 31, 2014).
Directs the State Health Plan (SHP) for Teachers and State Employees to establish a workgroup to examine the best way to provide teachers and State employees with greater transparency in regards to health services costs under the SHP. Requires the SHP to report the workgroup's findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Committee on Governmental Operations on or before December 31, 2013, and annually through December 31, 2016.
Directs the Department of Health and Human Services (DHHS) to communicate, not later than September 1, 2013 (was, July 1, 2013), the requirements of Section 2 of the act to all hospitals licensed pursuant to Article 5 of GS 131E and Article 2 of GS 122C, as well as to all ambulatory surgical facilities licensed pursuant to Part 4 of Article 6 of GS 131E.
Amends GS 131E-273 by adding that if a procedure requires a patient's informed consent, the charge for any component of the procedure performed before the consent is given does not exceed the actual cost to the provider if the patient decides not to consent.
Amends GS 131E-91(d)(5), by amending a collection practice that must be used by hospitals and ambulatory surgical facilities to provide that no lien arising out of a judgment for a debt owed a hospital or ambulatory surgical facility under this section must attach to judgment debtors principal resident, or, if the land upon which the residence is located is greater than five acres, then no lien attaches to the residence and the surrounding five acres, held by them as tenants by the entireties.
Enacts new GS 90-413.3A, Required participation in NC HIE for some providers, requiring any hospital, as defined in GS 131E-76(c) and that has an electronic health record system, to connect to the NC HIE and submit individual patient demographic and clinical data on services paid for with Medicaid funds. Also includes three specific findings by the General Assembly which provides the basis for requiring the connection to the NC HIE. Effective January 1, 2014, but will not apply to administrative actions or litigation filed before the effective date.
Provides that new GS 131E-273 does not apply to administrative actions or litigation filed before the December 1, 2013 effective date.
House committee substitute deletes the provisions of the 1st edition and replaces it with the following.
Allows an existing lease to be renewed or extended if the renewal or extension involves the same state agency, the same leased property, and the same lease terms, except that the lease or renewal may be for a term not to exceed three years, if the lease is for the Department of Justice facility in Western North Carolina. Requires the Department of Administration to report, by May 15, 2015, to the Joint Legislative Commission on Governmental Operations on all leases extended or renewed under this act. Effective when the act becomes law and expires December 31, 2014.
|Intro. by Apodaca.||UNCODIFIED|
Conference report to the 3rd edition is to be summarized.
The Daily Bulletin: 2013-07-24
AN ACT AUTHORIZING THE TOWNS OF CORNELIUS, DAVIDSON, HUNTERSVILLE, MOORESVILLE, AND TROUTMAN TO ENFORCE MUNICIPAL NOISE ORDINANCES AND STATE STATUTES PERTAINING TO THEFT AND VANDALISM ON THE WATERS OF LAKE NORMAN. Enacted July 23, 2013. Effective August 19, 2013.
AN ACT TO REDUCE THE SIZE OF THE PITT COUNTY BOARD OF EDUCATION FROM TWELVE MEMBERS TO NINE, TO PROVIDE FOR FOUR-YEAR TERMS RATHER THAN SIX-YEAR TERMS, AND TO SHORTEN THE TIME BETWEEN THE ELECTION OF MEMBERS OF THE PITT COUNTY BOARD OF EDUCATION AND WHEN THOSE MEMBERS TAKE OFFICE. Enacted July 23, 2013. Effective the first Monday in December 2016.
|Intro. by B. Brown, Martin.||Pitt|
AN ACT TO REQUIRE ANY APPOINTMENTS BY BUNCOMBE COUNTY TO A METROPOLITAN PLANNING ORGANIZATION TO PROVIDE FOR GEOGRAPHIC REPRESENTATION OF THE COUNTY. Enacted July 23, 2013. Effective October 1, 2013.
|Intro. by Ramsey, Moffitt.||Buncombe|
AN ACT TO DECREASE THE DUPLIN COUNTY BOARD OF EDUCATION AND THE BOARD OF COMMISSIONERS OF DUPLIN COUNTY TO A FIVE-MEMBER BOARD, TO ESTABLISH REVISED DISTRICTS FOR THOSE BOARDS, AND TO CONFIRM THAT REDISTRICTING REQUIREMENTS FOLLOWING EACH FEDERAL CENSUS APPLY TO THOSE BOARDS. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Dixon.||Duplin|
The Daily Bulletin: 2013-07-24
House committee substitute to the 3rd edition makes the following changes.
Deletes all provisions of the 3rd edition and instead amends GS 51-1 to allow superior court judges to perform marriages. Effective November 1, 2013, and expires on November 3, 2013.
Makes conforming changes to the titles.
|Intro. by Hunt, Apodaca, Brunstetter.||GS 51|
House amendment makes the following changes to the 3rd edition.
Makes technical corrections to the referendum language, clarifying that it refers to the Guilford County Board of Education elections.
Provides that Section 4 of the act becomes effective the first Monday in December 2014 (was, July 1, 2014). In the 2014 elections and thereafter, members will be elected in accordance with this section.
Actions on Bills: 2013-07-24
H 293: MORTGAGES/S.A.F.E. ACT.
H 589: VIVA/ELECTION REFORM (NEW).
H 675: AMEND PHARMACY LAWS.
H 692: AMEND PREDATORY LENDING LAW.
H 937: AMEND VARIOUS FIREARMS LAWS.
H 1022: AMEND HOUSE RULES.
S 402: APPROPRIATIONS ACT OF 2013.
S 558: TREASURER'S INVESTMENTS.
Actions on Bills: 2013-07-24
H 1015: BESSEMER CITY ANNEXATION.
S 315: MUNICIPAL SERVICES (NEW).
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