Senate committee substitute makes the following changes to the 4th edition.
Amends the long title.
Makes a technical change to GS 97-29(g), correcting a cross-reference.
Makes a technical change to GS 115C-296(b)(1)c, inserting a missing comma. Effective July 1, 2017, and applies beginning with the 2017-18 school year.
Amends GS 115C-366(a3), making organizational changes and clarifying the school enrollment of military children. Provides that students not domiciled in the state are permitted to attend school if residing with an adult domiciled here if the student's parent or legal guardian was on active military duty and deployed. For the purposes of GS 115C-366(a3)(l)(g)1, the term "active duty" does not include periods of active duty for training purposes for less than 30 days. For GS 115C-366(a3)(l)(g)3, active duty is defined as found in GS 115C-407.5. Provides that assignment under GS 115C-366(a3)(l)(g) is only available if some evidence of deployment, medical discharge, retirement, or death is tendered with the required affidavits under subdivision (3) of the subsection.
Amends GS 116E-4(c), 122C-115(a), and 147-33.81(1), making technical changes.
Amends GS 160A-388(b1), making technical changes effective October 1, 2013.
Directs the Revisor of Statutes to replace the term "cash converter" with "currency converter" wherever it appears in the General Statutes.
Repeals Section 28 of SL 2013-129, concerning placement plans in juvenile cases, effective October 1, 2013.
Provides that Section 1(e) of SL 2013-284, concerning duties of the Treasurer, is repealed if Senate Bill 558 of the 2013 Regular Session becomes law.
Amends Section 2 of SL 2007-112, concerning Carteret County occupancy tax, if House Bill 14 becomes law, making conforming changes to a session law amended by two prior session laws, so that the final amendment reads as intended.
Amends GS 14-118.6(b), providing that no filing fee will be charged when filing a Notice of Denied Lien or Encumbrance Filing.
Amends GS 18B-1006(a) to allow special one-time permits, as described in GS 18B-1002(a)(5), to be issued to UNC-Chapel Hill for the Loudermilk Center for Excellence facility.
Enacts new GS 20-62.1(a)(1a)c, providing protection to the Department of Motor Vehicles (DMV) from liability if it reports a vehicle as not stolen based on available information.
Amends SL 2013-323 to direct the DMV to establish procedures and software solutions, including solutions with private entities for the tracking of salvage vehicles. Procedures and/or software solutions are to be implemented on or before October 1, 2014, with updates on implementation being submitted to the Joint Legislative Transportation Oversight Committee.
Enacts new section GS 58-50-260, concerning the NC Health Insurance Risk Pool, providing that insurance operations of the Pool will sunset January 1, 2014. Directs the Commissioner of Insurance to submit for approval a dissolution plan on or before September 1, 2013. Sets out 10 issues the dissolution plan must address. Directs the Commissioner to approve the plan if it is found to be suitable to assure the fair, reasonable, and equitable dissolution of the Pool.
Repeals GS 58-50-225(c) effective January 1, 2015.
Repeals GS 58, Article 50, Part 6, Property and Casualty Actuarial Opinions, effective January 1, 2017.
Repeals GS 58-3-276, Notice relating to the North Carolina Health Insurance Risk Pool.
Amends GS 62-82(a), concerning notice of application for generating facilities, removing a reference to "daily" newspapers, allowing publication of notice in newspapers of general circulation without requiring them to be daily newspapers.
Amends GS 66-420(8), changing an "or" to "and," thereby excluding salvage yards from being considered secondary metals recyclers.
Amends GS 84-2.1, amending the definition of the "practice law" governing attorneys, to exclude the drafting or writing of memoranda of understanding or other mediation summaries by mediators at community mediation centers authorized by GS 7A-38.5, or by mediators of employment-related matters for UNC or constituent institutions or for an agency, commission, or board of the state of North Carolina.
Amends GS 93D-1, clarifying that a "hearing aid specialist" is a person licensed by the Board to engage in the activities within the scope of practice of a hearing aid specialist in North Carolina. Enacts new GS 93D-1.1, concerning the scope of practice of hearing aid specialists, setting out 17 activities that encompass the scope, including performing hearing aid repairs and providing hearing health education. Amends GS 93D-2, 93D-3(c)(6), 93D-5(a), 93D-6, 93D-8(a), 93D-11, 93D-12, and 93D-15, all concerning hearing aid specialists, making conforming changes.
Amends GS 97-26, concerning fees allowed for medical treatment, deleting provisions which previously provided a different schedule for payment of medical treatment for services rendered to workers' compensation patients, now providing that such payment will be based on the Medicare payment methodology.
Amends GS 115D-67.2(b) to amend the membership of the Advisory Board to the North Carolina Center for Applied Textile Technology. Effective when the section becomes law and applies to appointments made for vacancies that arise, or upon the expiration of the existing terms, of members appointed by the NC Manufactures Association Inc., whichever occurs first, with specification as to who the first two and next two appointments are to be made.
Amends GS 116-43.10(c) to remove the requirement that the UNC Board of Governors provide a report on the Academic Common Market program each biennium.
Amends GS 120-133 to provide that nothing in GS Chapter 120 or 132 is 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 153A-76 to remove the provision excluding a board that has exercised the powers and duties of an area mental health, developmental disabilities, and substance abuse services board as of January 1, 2012, from the prohibition on a board consolidating an area mental health, development disabilities, and substance abuse services board into a consolidated human services board and on abolishing a board, except as provided in GS Chapter 122C.
Amends GS 136-189.10 to amend the definition of regional impact projects to specify that rail lines spanning two or more counties that are no included in (1) of the statute, do not include short line railroads. Also specifies that commuter rail, intercity rail, and light rail are included under public transportation services that span two or more counties and that serve more than one municipality. Amends the definition of division needs projects to make similar changes. Amends GS 136-189.11(b) to exclude Metropolitan Planning funds from the statute. Amends GS 136-189.11 to amend the provisions concerning the regional impact projects, the division need projects, and the criteria for nonhighway projects to require that Transportation Division Engineer local input scoring take into account public comments and adding other requirements concerning the public comments. Further amends the alternate criteria for division needs projects to include in the computation of each of the division equal shares a project required in support of a time-critical job creation opportunity which would be classified as transformation, provided that the total state investment in each fiscal year for all projects funded under the sub-subdivision does not exceed $10 million in the aggregate and $5 million per project. Amends GS 136-189.11 to clarify and add to the information that must be included on the Department's website concerning the strategic transportation investments. Amends GS 136-89.199 to provide that the designation of lanes a high-occupancy toll or other type of managed tolls must not reduce the number of existing non-toll general purpose lanes (was, existing general purpose lanes). Amends GS 120-52 to require that the Joint Legislative Transportation Oversight Committee be funded by appropriations made from the Highway Trust Fund to the Department of Transportation. Amends Section 6.1 of SL 2013-183 to require that the formula implementation report also indicate differences between the criteria and weights for highway and non-highway modes between the workgroup recommendations and the final Department recommendations. Amends GS 136-189.11 to require the Department to endeavor to continually improve the method and criteria used to score highway and non-highway projects and methods to strengthen the data collection process. Requires continuation of the workgroup process to develop improvements to the prioritization process. Specifies a nonexclusive list of workgroup participants and sets out other requirements for the workgroup. Requires an annual report to the joint Legislative Transportation Oversight Committee, beginning December 1, 2016, on any changes made to the highway or non-highway prioritization process and the resulting impact on the State Transportation Improvement Program. Amends Section 6.2 of SL 2013-183 to add that the state transportation improvement program transition report must also include recommendations to restructure maintenance operations and funding to improve efficiency, achieve greater cost effectiveness, and streamline operations to best apply limited resources to the state's maintenance needs.
Provides that if Senate Bill 485 (UNC/Report/E-Commerce/Improvements) becomes law, then GS 143-64.70 (reporting requirements for personal service contracts) is amended to delete the provision exempting the University of North Carolina from the statute.
Provides that if Senate Bill 315 (Municipal Services) and House Bill 857 (Public Contracts/Construction Methods/DB/P3) become law, then S 315, Section 5 (allowing Durham County to contract for the design and construction or design, construction, and operation of water treatment and wastewater treatment plant projects to provide services throughout the county without being subject to the specified requirements), is repealed.
Provides that if Senate Bill 402 (Appropriations Act) becomes law, then GS 143B-426.52(d) is amended to clarify that the NC Industrial Commission must adopt rules for the determination of eligibility and the processing of eugenics compensation claims in accordance with GS 150B-21.1. Adds that the rules expire on the earlier of the date all claims are finally adjudicated or June 30, 2018.
Amends GS 160A-424 to clarify that a city may not adopt or enforce an ordinance requiring any owner or rental property manager to get a permit or permission to lease or rent residential real property, except for those individual rental units (was, those properties) that have described violations.
Amends Section 1 of SL 2007-86, as amended, to provide that electronic notice of public hearings may be in lieu of traditional publication methods.
Repeals SL 2011-148 (Opt Out of Fed'l Loan Program/Comm. Colleges), SL 2011-154 (Comm. Colleges/Opt Out of Fed'l Loan Program), SL 2011-155 (Comm. Colleges/Opt Out of Fed'l Loan Program), and SL 2011-178 (Comm. Colleges/Opt Out of Fed'l Loan Prog-2).
Amends SL 2013-199 to make Section 20 (amending the definition of private passenger motor vehicle to include a pickup truck or van owned by an individual or by husband and wife or individuals in the same household if it has a gross vehicle weight of less than 14,000 and is used for specified purposes) of the act effective January 1, 2014 (was, January 1, 2015).
Provides that if House Bill 74 (Regulatory Reform Act of 2013) becomes law, Section 12, concerning child care providers' criminal history checks, is repealed.
Provides that if House Bill 269 (Children with Disabilities Scholarship Grants) becomes law, Section 7 is amended to add that a child who meets the requirements of GS 115C-112.2(a)-(e) who is also eligible for enrollment in kindergarten or first grade during the 2013-14 school year is eligible to receive a scholarship grant for the spring semester of the 2013-14 school year.
Amends GS 20-4.01, clarifying and amending the definitions for an all-terrain vehicle or ATV and utility vehicle.
Unless otherwise provided, provisions are effective when the act becomes law.
The Daily Bulletin: 2013-07-25
|Intro. by Blust.||GS 116, GS 115C, GS 13, GS 14, GS 15, GS 15A, GS 18B, GS 19A, GS 20, GS 28A, GS 58, GS 62, GS 66, GS 74, GS 83A, GS 84, GS 90B, GS 93D, GS 97, GS 115D, GS 120, GS 122C, GS 136, GS 143, GS 143B, GS 147, GS 153A, GS 160A, GS 163, GS 116E|
Senate amendment #1 makes the following changes to the 5th edition.
Amends GS 90-113.75(c), as amended by SL 2013-152, to clarify that the immunityprovision in thissectionapplies to a person or an entity (was, an entity).
Clarifies that this act amends GS 122C-115(a), as amended by Section 4(a) of SL 2013-85, effective January 1, 2014.
Deletes changes to GS 66-420(8), regarding a secondary metals recycler. Instead, amends Part 3 of Article 45 of GS Chapter 66 by adding a new GS 66-420.1, which declares that GS Chapter 66 does not apply to a salvage yard regulated under GS Chapter 20 unless the salvage yard is (1) engaged in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose and (2) in the business of performing the manufacturing processthat converts ferrous or nonferrous metals into raw material products consisting of prepared grades and having an existing or potential economic value.
Clarifies that the provisions of new GS 93D-1.1 apply to the scope of practice of a hearing aid specialist who is regulated under GS Chapter 66 (was, provisions applied to the scope of practice of a hearing aid specialist). Provides that the scope of practice for a hearing aid specialist regulated under this chapter includes performing hearing evaluations (was, performing comprehensive hearing evaluations, including administering otoscopy and performing tympanometry). Additionally provides that the scope of practice includes (1) providing counseling and rehabilitation services related to hearing aids and (2) providing community services for individuals. Deletes providing assistive technologies for public and private school classrooms, individuals, and vocational needs from the scope of practice for a hearing aid specialist regulated under GS Chapter 93D.
Amends GS 93D-2 to provide an exception to the provision making it unlawful for any person to engage in any activity within the scope of practice of a hearing aid specialist with regards to an apprentice working under the supervision of a registered sponsor or who is otherwise authorized by law to engage in activity within the scope of practice of another regulated profession.
Exempts the Industrial Commission from the certification requirements of GS 150B-19.1(h) and the fiscal note requirement of GS 159B-21.4 in developing the fee schedules required under Section 33.(a) of this act.
Deletes Section 41 of this act, which amends GS 160A-424(c) regarding prohibitions that restrict a city from implementing certain regulations regarding rental property.
Effective August 1, 2013, Charles Johnson is appointed to the Board of Trustees for the State Health Plan for Teachers and State Employees.
Contingent on House Bill 669 becoming law, amendment makes technical changes to appointments for the NC Wildlife Resources Commission and the Disciplinary Hearing Commission. Appoints Alan Hawkes and Paul Norcross to the NC Charter School Advisory Board.Appoints Roger B. Moore Jr. to the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (was, Tara Fields).
Repeals Section 2.47 of House Bill 669 if it becomes law.
Changes the expiration date for terms ofsomemembers serving on the State Personnel Commission on July 1, 2013 (was, January 1, 2013), making those terms expire on July 31, 2013 (was, June 30, 2013).
If House Bill 834 becomes law, Section 4.6 of the bill will become effective when it becomes law (was, June 30, 2013).
Repeals GS 90-294(c), concerning licensure for Speech and Language Pathologists and Audiologists.
Enacts new subsection GS 90-294(c1), which provides applicability exceptions to the provisions of the article.
Amends GS 90-295, concerning requirements to be eligible for a license to be a speech and language pathologist or an audiologist, adding a requirement that an applicant must exercise good moral conduct.
Amends GS 90-296(a)to require an applicant for licensure (was, permanent licensure) as a speech and language pathologist or an audiologist to pass a written exam approved or established by the Board. Amends GS 90-298(b) to provide that a temporary license is required when an applicant for licensure as a speech and language pathologist or an audiologist has not completed the required supervised experience and passed the required exam (was, required a person holding a temporary license during a supervised experience to take and pass the required exam before the end of the temporary license period).
Amends GS 90-301 regarding grounds for suspension or revocation of a license as a speech and language pathologist, to clarify that the grounds apply to fraud or deceit in connection with services rendered as an audiologist or speech and language pathologist and to add immoral conduct or failure to exercise good moral conduct as grounds for disciplinary action.
AmendsGS 90-302(2) to clarify that the provision applies to the practice of audiology or speech or language pathology.
Amendment #2 adds that if House Bill 74 (Regulatory Reform Act of 2013) becomes law, then it is amended to provide that Section 59.1 becomes effective when it becomes law and (1) GS 130A-295.6(a) (concerning applications for landfills) applies to applications for new permits submitted on or after that date and (2) GS 130A-295.6(h2) applies to new landfills for which a permit is issued on or after that date.
Amendment #3 deletes Section 37 of the act, amending GS 153A-76 (Board of commissioners to organize county government).
Amendment #4 amends Section 2(e) of SL 2013-318 (Pitt County Board of Education) to amend the effective date of the section to specify districts from which the three members are to be elected in 2014 to serve a two-year term. Provides that only the qualified voters of each combination of districts shall elect the one member from that combined district.
|Intro. by Blust.||GS 116, GS 115C, GS 13, GS 14, GS 15, GS 15A, GS 18B, GS 19A, GS 20, GS 28A, GS 58, GS 62, GS 66, GS 74, GS 83A, GS 84, GS 90, GS 90B, GS 93D, GS 97, GS 115D, GS 120, GS 122C, GS 126, GS 130A, GS 136, GS 143, GS 143B, GS 147, GS 160A, GS 163, GS 116E|
The Senate committee substitute, as amended, to the 2nd edition is to be summarized.
|Intro. by Dollar, Collins, McElraft.||APPROP|
Conference report makes the following changes to the 4th edition.
Removesprovisions that modify the laws regarding discipline for judges, deleting changes to GS 7A-374.2 (Definitions), GS 7A-376 (Grounds for discipline by Commission; censure, suspension, or removal by the Supreme Court), and GS 7A-377 (Procedures). Deletes the repeal of GS 7A-378(Censure, suspension, or removal of justice of Supreme Court).
Makes a conforming change to the bill title.
AN ACT TO PROVIDE THAT CERTAIN COURSES AND ACADEMIC CREDIT HOURS TRANSFERRED TO A CONSTITUENT INSTITUTION SHALL NOT BE INCLUDED IN THE CALCULATION OF CREDIT HOURS FOR PURPOSES OF THE TUITION SURCHARGE AND TO REQUIRE THAT UNIFORM PROCEDURES BE IMPLEMENTED IN THE UNIVERSITY OF NORTH CAROLINA SYSTEM TO PROVIDE APPROPRIATE ADVANCE NOTICE TO A STUDENT WHEN THE STUDENT IS APPROACHING THE CREDIT HOUR LIMIT REGARDING THE TUITION SURCHARGE. Enacted July 23, 2013. Effective July 23, 2013. Sections 1 and 2 apply beginning with the 2013 fall semester.
|Intro. by Glazier, Johnson, Holloway.||GS 116|
Conference report makes the following changes to the 3rd edition.
The House concurs in Senate Amendment #A1 and Senate Amendment #A2.
|Intro. by Hastings, Stone, S. Ross, R. Brown.||GS 143|
AN ACT TO PROVIDE FOR THE FOSTER CHILDREN'S BILL OF RIGHTS UNDER THE LAWS PERTAINING TO CONTROL OVER CHILD PLACING AND CHILD CARE. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Cotham, Hardister, Avila, Jackson.||GS 131D|
Senate amendment #11 makes the following changes to the 7th edition.
Amends new GS 163-166.13(e) to provide additional criteria regarding acceptance of a tribal enrollment cardto satisfy thephoto identification requirement for voting in person. Specifies that if the tribal enrollment card is issued by a tribe recognized by this stateunder GS Chapter 71A, it must meet all of the following criteria in order to satisfy the photo identification requirement: (1) be issued in accordance with a process approved by the State Board of Elections, which requires an application and proof of identity equivalent to the requirements for issuing a special identification card by the Division of Motor Vehicles under GS 20-7 and GS 20-37.7, and (2) be signed by an elected official of the tribe. Renumbers the subdivisions in thissubsection accordingly.
Amends GS 163-166.14 to clarify that the judges of election who review and evaluate a determination by a local election official that a voter's photo identification does not bear any resemblance to the voter must have the same qualifications as in Article 5 of this Chapter.
Amends GS 163-45 (Poll observers) to replace the term "county supervisor of elections" with "county director of elections" wherever it occurs.
Amends GS 163-227.2(g2) to requirea county board of elections that provided for absentee ballots in the 2012 and 2010 primary and general elections to calculate the cumulative number of hours (was, calculate the number of hours)that the county provided for voters to apply for absentee ballots. Deletes specified formula fordoing the calculation.Adds new subsection (g3) to provide that by unanimous vote, a county board of elections may submit a request to the State Board of Elections to reduce the number of hours established in subsection (g2) of this section for absentee ballots fora primary or a general election. Provides that the reduction must take effect for that primary or general election only if the reduction is approved by unanimous vote of the State Board of Elections.
Provides that 50% of the funds directed to be paid in 2013 under GS 163-278.41(c) is to be disbursed as provided by law and that unexpended funds are toremain in the reserve until December 31, 2013, at which time those funds will revert to the General Fund.
Amendment #13 makes the following change to the 7th edition. Amends GS 163-278.6(8j) to modifythe definition for electioneering communications to refer to communications aired or transmitted after September 7 (was, September 15) in the case of a general election in November of an even-numbered year.
|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|
AN ACT AMENDING THE SECURE AND FAIR ENFORCEMENT MORTGAGE LICENSING ACT TO PROVIDE FOR THE LICENSURE OF A TRANSITIONAL MORTGAGE LOAN ORIGINATOR. Enacted July 23, 2013. Effective September 1, 2013.
|Intro. by Szoka, Dockham, B. Brown.||GS 53|
House amendment to the 3rd edition makes the following changes.
Amends GS 14-415.1(f) to provide that the statute does not apply to, there is no disentitlement under the statute for, and restores the firearms to any person who meets the specified criteria, including, had firearms rights restored before December 1, 1995, and the forfeiture of the person's rights on (was, 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.
|Intro. by Speciale, Pittman.||GS 14|
AN ACT TO DIRECT THE NORTH CAROLINA GEOGRAPHIC INFORMATION COORDINATING COUNCIL TO RECOMMEND THAT NEGRO HEAD CREEK IN UNION COUNTY BE RENAMED SALEM CREEK. Enacted July 23, 2013. Effective July 23, 2013.
AN ACT TO PROHIBIT A COUNTY OR CITY FROM ENFORCING ANY ORDINANCE THAT REGULATES THE TRIMMING OR REMOVAL OF TREES ON PROPERTY OWNED OR OPERATED BY A PUBLIC AIRPORT AUTHORITY. Enacted July 23, 2013. Effective July 23, 2013.
AN ACT PROVIDING FOR ISSUANCE OF A LIMITED PLUMBING CONTRACTOR LICENSE TO INSTALL AND SERVICE BACKFLOW PREVENTION ASSEMBLIES AND TO ALLOW COURTS TO AWARD THE BOARD OF EXAMINERS OF PLUMBING, HEATING, AND FIRE SPRINKLER CONTRACTORS REASONABLE COSTS OF INVESTIGATION AND PROSECUTION OF VIOLATIONS. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Samuelson, Saine, Hager, R. Brawley.||GS 87|
AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE. Enacted July 25, 2013. Effective July 25, 2013, unless otherwise provided.
|Intro. by Rules, Calendar, and Operations of the House.||UNCODIFIED|
AN ACT MAKING OMNIBUS CHANGES TO THE LAWS RELATING TO STATE INFORMATION TECHNOLOGY GOVERNANCE. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Saine, Avila, Cleveland.||GS 147|
AN ACT PROVIDING THAT AGENCIES MAY PURCHASE INFORMATION TECHNOLOGY GOODS AND SERVICES THROUGH MULTIPARTY COOPERATIVE PURCHASING AGREEMENTS APPROVED BY THE STATE CHIEF INFORMATION OFFICER. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Saine, Tolson.||GS 147|
AN ACT EXEMPTING CERTAIN COLUMBARIUMS FROM THE NORTH CAROLINA CEMETERY ACT. Enacted July 23, 2013. Effective July 23, 2013, and expires 18 months after that date.
|Intro. by Whitmire.||GS 65|
AN ACT AMENDING THE LAWS RELATED TO LANDLORD AND TENANT RELATIONSHIPS TO SHORTEN THE TIME PERIOD REQUIRED TO EVICT A TENANT. Enacted July 23, 2013. Effective September 1, 2013.
Senate committee substitute makes the following changes to the 2nd edition.
Amends the short and long title.
Deletes all of the provisions of the previous edition.
Amends GS 143-212 to amend the definition of the term waters to provide that wetlands classified as waters are restricted to waters of the United States. Amends GS 143-215.1 to provide that a permit is not required for activities in wetlands that are not waters of the United States. Makes conforming changes.
|Intro. by Lewis.||GS 143|
House amendment makes the following change to the 1st edition. Prohibits individuals, other than a joint legislative employee of the General Assembly (was, other than legislative staff), from entering the area containing the member's desk and work area without permission if the area is unattended.
|Intro. by Rules, Calendar, and Operations of the House.||HOUSE RES|
Provides that the Senate and the House of Representatives (House) will adjourn on July 26, 2013, and reconvene on Wednesday, May 14, 2014, at noon. Limits the matters that may be considered during the reconvened session to the following: (1) bills affecting the budget, as described, provided the bill is submitted to the Bill Drafting Division by May 16, 2014, and introduced in the House or filed for introduction in the Senate by May 27, 2014; (2) bills amending the NC Constitution; (3) bills and resolutions introduced in 2013 that passed the crossover deadline and were not disposed of in the other house by tabling, unfavorable committee report, indefinite postponement, or failure to pass any reading and which do not violate the receiving house's rules; (4) bills and resolutions implementing recommendations of specified commissions and committees, provided the bill is submitted to the Bill Drafting Division by May 14, 2014, and filed for introduction in the Senate or introduced in the House by May 21, 2014; (5) any noncontroversial local bill, as described, that is submitted to the Bill Drafting Division by May 21, 2014, and introduced in the House or filed for introduction in the Senate by May 28, 2014, accompanied by a certificate saying no public hearing will be required or asked for, the bill is noncontroversial, and that the bill is approved for introduction by each member of the House and Senate whose district includes the area to which the bill applies; (6) selection, appointment, or confirmation of state board and commission members; (7) any matter authorized by joint resolution; (8) a joint resolution authorizing the introduction of such a bill; (9) any bill affecting state or local pension or retirement systems, provided the bill is submitted to the Bill Drafting Division by May 21, 2014, and introduced in the House or filed for introduction in the Senate by May 28, 2014; (10) joint, House, or Senate resolutions authorized under Senate Rule 40(b) or House Rule 31; (11) bills concerning redistricting; (12) bills vetoed by the Governor, to consider overriding the veto; (13) election law bills; (14) bills to disapprove rules under GS 150B-21.3 [effective date of rules provision under Administrative Procedure Act]; and (15) a joint resolution adjourning the 2013 Regular Session, sine die.
Permits the Speaker of the House or the President Pro Tempore of the Senate to authorize committees or subcommittees to meet during the interims between sessions to perform three listed functions.
|Intro. by T. Moore.||JOINT RES|
The Daily Bulletin: 2013-07-25
AN ACT TO DIRECT THE OFFICE OF STATE PERSONNEL, IN CONJUNCTION WITH THE DEPARTMENT OF PUBLIC INSTRUCTION AND THE OFFICE OF STATE BUDGET AND MANAGEMENT, TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE MANAGEMENT OF WORKERS' COMPENSATION CLAIMS SUBMITTED BY STATE AND LOCAL GOVERNMENT EMPLOYEES, AS RECOMMENDED BY THE JOINT LEGISLATIVE COMMITTEE ON WORKERS' COMPENSATION INSURANCE COVERAGE COMPLIANCE AND FRAUD PREVENTION AND DETECTION. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Brown.||STUDY|
AN ACT TO REQUIRE THAT LOCAL WORKFORCE DEVELOPMENT BOARDS USE A COMPETITIVE ELECTION PROCESS TO AWARD ADULT AND DISLOCATED WORKER SERVICES PROVIDER CONTRACTS AUTHORIZED IN THE WORKFORCE INVESTMENT ACT OF 1998 AND TO TRANSFER THE APPRENTICESHIP PROGRAM TO THE DEPARTMENT OF COMMERCE. Enacted July 23, 2013. Section 1 is effective July 23, 2013. Section 2 is effective January 1, 2014.
Conference report makes the following changes to the 5th edition.
Amends both the long and short titles of this bill.
Amends new GS 143B-431A to clarify that it is the General Assembly's intent that the Department of Commerce (Department) develop a plan to work cooperatively with nonprofit corporations (was, that the Department be given flexibility and discretion in developing a plan to work cooperatively with nonprofit corporations) in the development of a comprehensive, long-range strategic plan for economic development through public and private means. Also states that it is the General Assembly's intent that the Department work to develop the plan while safeguarding programmatic transparency and accountability as well as the fiscal integrity of economic development programs of the state.
Amends subsection (c) of this section, which establishes the Economic Development Oversight Committee (Committee). Provides that the Committee is to have seven members (was, seven ex officio members). Removes the Director of the Office of State Budget and Management as a member of the Committee. Adds to the Committee one member appointed jointly by the Speaker of the House ofRepresentatives (Speaker of the House)and the President ProTempore of the Senate (President Pro Tem).
Amends the conditions that the North Carolina nonprofit corporation with which the Department contracts must meet. Requires that the board of the contracting nonprofit corporation must be composed of 17 voting members (was, 15), with four members appointed by the Speaker of the House (was, three) and four members appointed by the President Pro Tem (was, three). Specifies that the Governor, the Speaker of the House, and the President Pro Tem must each select members to reflect the diversity of the state's geography (was, only specified that there was to be geographic diversity represented among the Governor's appointees). Deletes additional requirements that specified that the Speaker of the House and the President Pro Tem appoint no more than onemember each from a metropolitan area. Also deletes requirement that one of the Speaker's appointmentsbeon the recommendation of the North Carolina Chamber of Commerce and thatone of the President Pro Tem's appointments be on the recommendation of the NC Federation of Independent Businesses.
Amends GS 126-5 to include liaisons to the Collaboration for Prosperity Zones set out in GS 143B-28.1 for the Departments of Commerce, Environment and Natural Resources, and Transportation as exempt from the State Personnel Act, GS Chapter 126.
Amends GS 143B-472.81 to delete as a membership requirementfor the North Carolina Board of Science, Technology, and Innovation that one of the six members from private industry is also a member of a state or federally recognized North Carolina Indian Tribe.
Amends new GS 143B-28.1, which creates collaboration for prosperity zones, and divides the state into eight zones to make changes in assigning counties to one of the eight zones.
Modifies the repeal of the statutes creating regional economic development commissions. Provides that if Senate Bill 402 (Appropriations Act of 2013), 2013 Regular Session of the General Assembly, becomes law and appropriates money to the Department for allocation to the regional economic development commissions, then the Department is to retain disbursements to the commissions occurring on or after January 1, 2014, and those funds will be available to the Department to use or allocate to a North Carolina nonprofit corporation for costs incurred on or after that date that are associated with state marketing and rebranding functions. Provides that if Senate Bill 402 becomes law, Section 15.28(g) of that act is amended to provide that the section becomes effective December 31, 2013 (was, June 30, 2014). Makes a conforming change to the title of Section 15.28.
Mandates that all rules required to be adopted by the Mining and Energy Commission, the Environmental Management Commission, and the Commission for Public Health to create a modern regulatory program for managing oil and gas exploration and development activities in the state, including the use of horizontal drilling and hydraulic fracturing, be adopted no later than October 1, 2014, as provided in Section 2(m) of SL 2012-143. Effective July 1, 2015, authorizes the Department of Environment and Natural Resources (DENR) and the Mining and Energy Commission to issue permits for using horizontal drilling and hydraulic fracturing for oil and gas explorations and development in the state; however, prohibits DENR and the Mining and Energy Commission from issuing permits until all the rules required to be adopted under Section 2(m) of SL 2012-143 have become effective.Makes conforming changes, repealingSection 3(d) of SL 2012-143 and providing that if Senate Bill 76, 2013Regular Session, becomes law, Section 1(c) of that act is repealed.
Effective July 1, 2015, and applying to energy minerals severed on or after that date, addsnew Article 5I, Severance Tax, to GS Chapter 105.
Defines 28 terms as they are used in this Article.
Provides that there is an excise tax, to be known as a "severance tax," levied on the privilege of engaging in the severance of energy minerals from the soil or water of this state. Defines severance as the extraction or other removal of an energy mineral from the soil or water of this state. Provides that the severance tax is levied on all energy minerals severed from the soil or water, when the minerals are sold or consumed, whichever comes first. States that the purpose of this act is to provide revenue to administer and enforce the provisions of this Article; to administer the state's natural gas and oil reclamation regulatory program; to meet the environmental and resource management needs of this state; and to reclaim land affected by exploration, drilling and production of natural gas and oil.
Provides criteria for calculating the amount of the severance tax. Calculations includeuse of the applicable market percentage rate as a multiplier, and the section defines the term applicable market percentage rate. Includes additional information regarding the use of the market percentage rate in calculations for determining the amount of the severance tax for gas, oil, and condensates (defines condensates as liquid hydrocarbon that is or can be recovered from gas by a separator or other means). Exempts on-site use from the tax imposed under this Article. Defines on-site use as the severance of energy minerals from land or water owned legally or beneficially by the producer, used by the producer on the producer's homestead, and having a yearly cumulative market value that is not greater than $1,200. Provides that if the amount exceeds a value of $1,200 during any year, any further severance of energy minerals on-site will be subject to the tax imposed by this article.
Provides that severance taxes are payable when a return is due anddeclares that returns are due on a quarterly or monthly basis. Requires that returns be filed by the producer of the energy mineral with the Secretary of Revenue (Secretary) on a form and in a manneras prescribed by the Secretary. Provides additional specifications regarding the filing of returns, the payment of the tax, and claiming the exemption for on-site use.
Requires a producer who fails to file a return as required under this Article to file a bond or an irrevocable letter of credit with the Secretary.
Specifies how the Secretary is to allocate the tax levied in this Article. Prohibits expending the allocated funds until they have been appropriated by the General Assembly.
Provides that if any entity does not report a return or pay any tax or fee required by this Article for 90 days after it is due, the Secretary will inform the Secretary of Environment and NaturalResources. Directs the Secretary of Environment and NaturalResources to suspend the entities' permits and to immediately notify an entity by mail of a suspension under this section.
Prohibits a city or county from imposing any tax on any activities involved with the production, business, or ownershipof energy minerals in the state. However, this provision does not prevent the taxation of the property in accordance with Article 11 of GS Chapter 105 (listing, appraisal, and assessment of property collection of taxes on property).
Amends GS 105-259 to authorize the disclosure of information identifying an entity that is liable for the severance tax to DENR, to enable DENR to notify the entity regarding its severance tax liability.
Repeals GS 113-387 (regarding tax assessments on the production of crude oil and gas) and GS 113-388 (collecting the assessments on crude oil and gas).
Repeals GS105-130.5(a)(11) (regarding the percentage depletion allowance under the tax code formines, oil and gas wells, and other natural deposits). Effective for taxable years that begin on or after July 1, 2015.
AN ACT TO INCREASE THE RECOGNITION, REPORTING, AND PROSECUTION OF THOSE WHO WOULD DEFRAUD OR FINANCIALLY EXPLOIT DISABLED OR OLDER ADULTS, AND TO CONTINUE THE TASK FORCE ON FRAUD AGAINST OLDER ADULTS, AS RECOMMENDED BY THE TASK FORCE ON FRAUD AGAINST OLDER ADULTS. Enacted July 23, 2013. Section 5 is effective July 23, 2013. The remainder is effective December 1, 2013.
Conference report makes the following changes to the 5th edition.
Makes the proposed changes to GS 20-35, 20-176, and 113-135(a) effective if Senate Bill 402, the Appropriations Act, becomes law.
Amends the effective date clause, providing that prosecutions for offenses committed before the effective date are not abated or affected, and the statutes that would be applicable remain applicable to those prosecutions.
AN ACT TO EXTEND THE TIME FOR LOCAL FORENSIC SCIENCE LABS TO OBTAIN ACCREDITATION. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Bingham, Goolsby, Newton.||UNCODIFIED|
AN ACT TO ALLOW AREA BOARDS TO OFFER APPLICANTS FOR THE POSITION OF AREA DIRECTOR SEVERANCE BENEFITS AND RELOCATION EXPENSES AS AN INCENTIVE FOR ACCEPTING AN OFFER OF EMPLOYMENT. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Hise.||GS 122C|
Conference report to the 5th edition deletes the contents of the 5th edition and replaces it with the contents of the 4th edition. Adds that the act is also applicable to Mecklenburg County and any municipality located wholly or partly within the county.
Conference report makes the following changes to the 8th edition.
Amends 153A-225.2, Payment of medical care of prisoners, making technical changes. Deletes provisions that prohibited counties from avoiding payment liability by releasing a prisoner or other person in lawful custody for the purpose of avoiding liability for medical care payment. Makes organizational changes.
Makes technical changes to Section 3 of the act, concerning the collaboration between the Division of Medical Assistance, Department of Health and Human Services, and the NC Association of County Commissioners.
Amends GS 7A-142, Vacancies in office, making a clarifying change.
Deletes proposed section 10B-61, Private right of action.
Enacts new GS 10B-60(g)(2), providing that a party to a transaction requiring a notarial certificate for verification and any attorney licensed in this state that is involved in such a transaction can execute affidavits and file them with the Secretary of State, setting out actions which are alleged to constitute violations. After affidavits are filed, law enforcement agents are required to initiate and carry out investigations of violations.
AN ACT TO ALLOW FOR THE ISSUANCE OF TITLE BY THE DIVISION OF MOTOR VEHICLES TO THE OWNER OF OUT-OF-STATE MOTOR VEHICLES THAT ARE THIRTY-FIVE MODEL YEARS OLD OR OLDER IF THE LICENSE AND THEFT BUREAU OF THE DIVISION OF MOTOR VEHICLES FAILS TO COMPLETE AN INSPECTION AND VERIFICATION OF THE VEHICLE'S IDENTIFICATION NUMBER WITHIN FIFTEEN DAYS OF RECEIVING A REQUEST FOR INSPECTION AND VERIFICATION. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Hartsell.||GS 20|
AN ACT TO REQUIRE NOTICE AND AN OPPORTUNITY FOR COMMENT FROM COUNTY BOARDS WHEN PERMITS FOR LAND APPLICATION OF WASTE WITHIN THAT COUNTY ARE ISSUED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION; TO INCREASE THE THRESHOLD FOR DEPARTMENT OF TRANSPORTATION INFORMAL BID PROCEDURES AND CLARIFY THAT THE DEPARTMENT'S POLICY CONCERNING PARTICIPATION BY DISADVANTAGED MINORITY-OWNED AND WOMEN-OWNED BUSINESSES APPLY TO CONTRACTS LET USING THOSE PROCEDURES; AND TO STUDY STATE PAYMENTS IN LIEU OF TAXES OF PUBLIC LANDS. Enacted July 23, 2013. Sections 1 and 2.1 are effective August 1, 2013. The remainder is effective July 23, 2013.
AN ACT TO PROVIDE REPRESENTATION OF SWINE INTERESTS ON THE BOARD OF AGRICULTURE, AND TO EXPAND THE DEFINITION OF A "PUBLIC CORPORATION" FOR THE PURPOSE OF ESTABLISHING FOREIGN TRADE ZONES. Enacted July 23, 2013. Section 1 is effective September 1, 2013. The remainder is effective July 23, 2013.
AN ACT TO REPEAL LAWS AND ORDINANCES THAT WERE DENIED PRECLEARANCE UNDER SECTION 5 OF THE VOTING RIGHTS ACT OF 1965. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Brunstetter, Brock.||GS 120|
AN ACT TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO IMPLEMENT A STATEWIDE ELECTRONIC LIEN SYSTEM TO PROCESS THE NOTIFICATION AND RELEASE OF SECURITY INTERESTS AND CERTIFICATE OF TITLE DATA. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Brunstetter, Rabon.||GS 20|
AN ACT TO CLARIFY THE AUTHORITY OF THE GASOLINE AND OIL INSPECTION BOARD TO REGULATE PETROLEUM DEVICE TECHNICIANS. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Cook, Barefoot, Rabin.||GS 119|
AN ACT TO INCREASE PENALTIES FOR VIOLATION OF THE SEED LAW. Enacted July 23, 2013. Effective December 1, 2013.
|Intro. by Cook, Rabin, Barefoot.||GS 106|
House committee substitute makes the following changes to the 4th edition.
Deletes all the provisions of the 4th edition.
Provides that if House Bill 834, 2013 Regular Session becomes law, then this act amends GS 131E-273 as enacted by House Bill 834 to provide that where informed consent is required for a procedure, the charge for any part of the procedure performed prior to the patient giving consent cannot exceed the actual cost to the provider if the patient chooses not to consent. Effective December 1, 2013, and applies to health care procedures and services rendered on or after that date.
Provides that if House Bill 834, 2013 Regular Session becomes law,then this act alsoamends GS 131E-91(d)(5), as enacted by House Bill 834, to prohibit a lien arising out of a debt owed to a hospital or ambulatory surgical facility, when the land where the principal residence is located is greater than five acres, from attaching to the judgment debtor's principal residence and the surrounding five acres. Effective October 1, 2013, and applies to hospital and ambulatory surgical facility billings and collections practices occurring on or after that date.
Enacts a new GS 1-72.2 to provide that the Speaker of the House of Representatives and the President Pro Tempore of the Senate jointly have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina Constitution.
Rewrites the long and short titles of the bill to reflect the changes in bill content.
Committee substitute makes the following changes to the 2nd edition.
Provides that if House Bill 834, 2013 Regular Session, becomes law, then Part XII of that act, Hospital Debt Collection, is repealed.
Amends the short and long titles of this act.
|Intro. by Apodaca.||UNCODIFIED|
AN ACT TO AMEND THE NURSING HOME ADMINISTRATOR ACT AND TO INCREASE CERTAIN FEES. Enacted July 23, 2013. Effective July 23, 2013.
|Intro. by Tucker.||GS 90|
AN ACT TO CLARIFY THAT THE EXEMPTION FROM ZONING FOR A BONA FIDE FARM INCLUDES GRAIN STORAGE FACILITIES. Enacted July 23, 2013. Effective July 23, 2013.
Conference report makes the following changes to the 3rd edition.
Amends GS 108D-8(h) by amending the information that the Office of Administrative Hearings must include in its notice of hearing, to include the circumstances in which a medial assessment may be obtained at the LME/MCO's expense (was, at the Department of Health and Human Service's expense).
Enacts new Article 1B, Transitions to Community Living, in GS Chapter 122C.
Includes definitions for terms as they apply in this Article. Directs the Department of Health and Human Services (DHHS), in consultation with the NC Housing Finance Agency (HFA), to establish and administer the NC Supportive Housing Program (SHP), a tenant-based rental assistance program. Provides that the purpose of the SHP is to transition individuals who are diagnosed with serious mental illness and serious and persistent mental illness from institutional settings to more integrated community-based settings appropriate to meet their needs. Directs DHHS, in consultation with the HFA and LME/MCOs, to arrange for program participants to be placed in available housing slots through the program with all of the rights and obligations created by a landlord-tenant relationship.
Provides guidelines for the administration of housing subsidies for supportive housing and directs the Division of Aging and Adult Services to establish eligibility requirements the Supportive Housing Program. Designates DHHS as having ongoing responsibilities for developing and distributing a list of potentially eligible program participants for each LME/MCO by catchment area. Shifts responsibility for prioritizing this information upon receipt to each LME/MCO. Directs DHHS to annually determine the number of housing slots to be allocated to each LME/MCO as specified in this act. Directs the LME/MCO to develop a written transition plan that identifies certain needs of the individual and the available housing slots that meet the individual's needs.
Provides guidelines regarding transition services and tenancy support services. Directs DHHS to develop an application process for owners of housing units to participate in the program as landlords.
Requires DHHS to report annually on October 1 to the Joint Legislative Oversight Committee on Health and Human Services on the number of individuals within the catchment area who transitioned into housing slots available through SHP during the preceding calendar year. Specifies that the report is to contain a breakdown of all the funds used by the LME/MCO to transition these individuals into the housing slots. Provides that DHHS is not required to provide housing slots to individuals beyond the number that can be supported by funds appropriated for this purpose.
Requires that each LME/MCO transition at minimum 15 eligible individuals to community-based supported housing slots available through SHP no later than October 1, 2013.
Requires funds appropriated to DHHS for the 2013-15 biennium to develop and implement housing, support, and other services for people with mental illness under the Department of Justice settlement agreement be used in specified ways. Effective October 1, 2013.
Enacts new GS 122E-3A creating the Community Living Housing Fund (Fund) in the Housing Finance Agency (Agency) to pay for the transition of individuals diagnosed with severe mental illness or severe and persistent mental illness from institutional settings to community-based supported hosing and to increase the percentage of targeted housing units available to individuals with disabilities for use in the NC Supportive Housing Program. Make the Agency, in consultation with DHHS, responsible for administering the Fund. Fund monies are available only upon an act of appropriation by the General Assembly and may only be used for the specified purposes. Terminates the Transitions to Community Living Fund on June 30, 2020, and reverts any remaining balance to the General Fund.
Amends GS 108A-123(d), if Senate Bill 402 becomes law, to provide that the first $43 million of the state's annual Medicaid payment must be allocated between the equity assessment and the UPL assessment with the remaining portion of the payment allocated to the UPL assessment. Effective July 1, 2013.
Conference report to the 5th edition makes the following changes.
Amends GS 20-79.4 as follows. Changes the name of the Bronze Star Combat Recipient plate to the Bronze Star Valor Recipient plate. Adds the Coast Guard Cross to those decorations for which the Legion of Valor plate can be authorized.
Amends GS 20-79.7(a) to provide that, upon request, the Division of Motor Vehicles (Division) must annually provide and issue one of the following special registration plates, free of charge: Legion of Valor, 100% Disabled Veteran, Ex-Prisoner of War, Bronze Star Valor, and Silver Star plates (was, provide and issue free of charge a Legion of Valor, 100% Disabled Veteran, and Ex-Prisoner of War plate only) and specifies who is eligible for those plates. This does not apply to a plate issued for a vehicle with a registered weight more than 6,000 pounds. Specifies that the regular vehicle registration fees in GS 20-88 apply if the registered weight of the vehicle is more than 6,000 pounds.
Amends GS 20-63(b1) to require the design of plates that are not "First in Flight" to be developed in accordance with GS 20-79.4(a3). Prohibits the Division from issuing, for plates authorized in GS 20-79.7 on or after July 1, 2013, the plate on a background under the subsection unless it receives at least 200 applications for the plate in addition to the applications required under GS 20-79.4 or GS 20-81.12.
Amends GS 20-79.4(a3) to require the standardized format for special license plates to allow for the name of the state and the plate number to be reflective and to contrast with the background.
|Intro. by Brock.||GS 20|
AN ACT TO CONFORM THE MOTOR VEHICLE LAW OF NORTH CAROLINA TO SECTIONS 154 AND 164 OF THE FEDERAL HIGHWAY BILL. Enacted July 23, 2013. Effective October 1, 2013.
To be summarized.
|Intro. by Jackson.||SENATE RES|
To be summarized.
|Intro. by Apodaca.||SENATE RES|
The Daily Bulletin: 2013-07-25
AN ACT EXTENDING THE AUTHORITY OF THE TOWN OF CORNELIUS TO USE DESIGN-BUILD DELIVERY METHODS. Enacted July 25, 2013. Effective July 25, 2013.
|Intro. by Jeter.||Mecklenburg|
AN ACT DIRECTING THE LEE COUNTY SHERIFF TO PROVIDE SCHOOL RESOURCE OFFICERS TO THE LEE COUNTY SCHOOLS. Enacted July 25, 2013. Effective August 1, 2013.
AN ACT TO AUTHORIZE THE TOWN OF ROBBINSVILLE TO LEVY AN OCCUPANCY TAX. Enacted July 25, 2013. Effective July 25, 2013.
|Intro. by West.||Graham|
AN ACT ANNEXING CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE CITY OF BESSEMER CITY. Enacted July 25, 2013. Effective June 30, 2013.
|Intro. by Rules, Calendar, and Operations of the House.||Gaston|
The Daily Bulletin: 2013-07-25
Conference report makes the following changes to the 4th edition.
Amends the long title.
Provides that the nine members of the Board of Education of the Guilford County School Administrative Unit will be elected on a partisan basis (was, nonpartisan primary basis).
Amends the provisions concerning election for board members, providing that in the 2016 general election, members for Districts 2,4, 6, and 8 and the at-large member will be elected for two-year terms. In 2018 and every four years after that, members for Districts 2, 4, 6, and 8 and the at-large member will be elected for four-year terms. In 2016 and every four years after that, members for Districts 1, 3, 5, and 7 will be elected for four-year terms (previously, in the 2016 general election and every four years after that, those elected in Districts 1, 2, 3, and 7 would be elected to a two-year term with subsequent members being elected to four-year terms. In the 2016 general election, Districts 4, 5, 6, 8 and the at-large member would be elected to four-year terms and every four years after that; members in 1, 2, 3, and 7 would be elected for two-year terms and then to four-year terms in 2018). Amends the makeup of the districts and makes conforming changes.
Deletes the provisions of section 2(a) of the act, which previously made the Board of Education of the Guilford County School Administrative Unit elections partisan.
Changes the effective dates for the provisions concerning the election for the Guilford County Board of Education to the first Monday in December 2016. Makes technical changes to provisions regarding vacancies on the Guilford County Board of Education.
Changes the effective date for the proposed changes to GS 115C-37.1(d) to the first Monday in December (was, December 1, 2016).
Deletes provisions that provided for a voter referendum conducted during the May 2014 primary and, if favorable, the elections for the Guilford Board of Education would become partisan beginning with the 2016 election cycle.
Changes the effective date for the section concerning election procedures for the County Commissioners of Stanly County to July 1, 2014 (was, effective the first Monday in December 2014).
House committee substitute makes the following changes to the 2nd edition.
Amends the short and long titles.
Provides that this act is to be known as the Charlotte Douglas International Airport Commission Act.
Repeals SL 2013-272, which created the Charlotte Douglas International Airport Authority.
Amends Charlotte's charter to create an Airport Commission (Commission) as an agency of Charlotte. The Commission will consist of 13 members: seven appointed by the City of Charlotte, with at least two of whom are residents of the west side, and the remaining six members are appointed by the surrounding counties: Mecklenburg, Cabarrus, Gaston, Iredell, Lincoln, and Union. Sets out definitions for use in regards to the Commission.
Provides that the initial members of the Commission will be the members of the Airport Advisory Committee of Charlotte. Such members will serve only until seven members have been appointed by the appointing authorities. Limits the powers of the Airport Advisory Committee serving as the initial members to ministerial acts, having no power to award or enter into employment or management contracts. Requires the appointing authorities to appoint initial members by October 1, 2013. Requires that members, when practical, have experience in aviation, logistics, construction and/or facilities management, law, or accounting and/or finance. Provides for staggered terms for members, as indicated. Specifies that initial four-year terms expire December 31, 2017, and all initial two-year terms expire December 31, 2015. Sets out additional rules and regulations for Commission members. Provides that any member can be suspended or removed from office by a majority vote of the other members for cause affecting that member's duties and responsibilities or other specified instances of misconduct. Allows members to continue to serve until a successor has been duly appointed and qualified, but not for more than 60 days beyond the end of the term.
Establishes that actions of the Authority will be determined by a majority vote of the members that are present and voting in a duly called meeting at which a quorum is present. Requires monthly Commission meetings. Members will receive payment and reimbursement for travel, lodging, and meal expenses in the course of transacting business on behalf of the Commission. Meetings and closed sessions of the Commission must be conducted in accordance with GS Chapter 143, Article 33C.
Sets out administrative procedures for electing the officers of the Commission and bookkeeping. Provides that the Commission will be deemed a "special district" as defined in GS 159-7 and conduct fiscal affairs in accordance with the provisions of the Local Government Budget and Fiscal Contral Act.
Provides that the initial budget of the Authority will be the budget established by the City Council of the City of Charlotte for the Airport for the period July 1, 2013, through June 30, 2014, until the initial budget is revised by the Commission. Establishes that the financial affairs of the Authority will be governed by the Local Government Finance Act.
Sets out 18 powers and duties of the Commission, including acquiring, administering, or otherwise regulating airports and/or landing fields for use by airplanes and other aircraft and all facilities incidental to their operation, within the limits of Mecklenburg County.
Clarifies that the Commission cannot exercise the power of eminent domain. Any such acquisition of property for airport purposes must be exercised by the City. Provides the Commission has the same tax exemptions in regards to taxes and license fees as provided for the city by state law. The Commission cannot levy any tax.
Provides that the Commission has control, on behalf of Charlotte, of the airport property, facilities, and all other property held or owned by Charlotte with respect to the Airport, real or personal, tangible or intangible, including cash and cash equivalents as well as other financial instruments. Sets out specific funds and charges the Commission now has control over.
Provides that the Commission acts on behalf of Charlotte in regards to all rights, duties, and obligations of the city in any commercial or development agreements pertaining to or related to airport property. Sets out six requirements of the Commission in regards to these agreements, including honoring and being bound by all pending or executory land or real property purchase contracts by Charlotte with respect to property and lands to be acquired for and in connection with the airport.
Provides that the Commission can employ an executive director and at the director's request Charlotte will continue to provide such services to the Commission as it currently provides to the Airport Department. Provides that the employees of Charlotte's Aviation Department will be employed and paid by the Commission. All benefits currently available to the employees will continue to exist as Commission employees.
Provides that the powers of the Commission created by this act are to be construed liberally in favor of the Commission. Requires the Commission, in its initial decisions, to consider the consultant recommendations made to Charlotte in 2013 concerning governance of the airport.
Creates the Charlotte Douglas International Airport Oversight Committee consisting of five members, one appointed by each of the following: the Governor, President Pro Tempore, Speaker, Mayor of Charlotte, and the City Council of Charlotte. The Committee is tasked with monitoring the actions of the Commission and making regular reports and recommendations to the Mayor and City Council containing information on five points, including whether the airport continues to be one of the best performing lowest cost major hub airports and whether the operations of the Commission comply with the provisions of this act. The Committee will terminate on July 1, 2015.
Includes a severability clause.
Actions on Bills: 2013-07-25
H 293: MORTGAGES/S.A.F.E. ACT.
H 589: VIVA/ELECTION REFORM (NEW).
H 675: AMEND PHARMACY LAWS.
H 786: RECLAIM NC ACT.
H 937: AMEND VARIOUS FIREARMS LAWS.
H 938: CLARIFY WETLANDS PERMITTING
H 1022: AMEND HOUSE RULES.
H 1023: ADJOURNMENT RESOLUTION.
S 402: APPROPRIATIONS ACT OF 2013.
S 558: TREASURER'S INVESTMENTS.
Actions on Bills: 2013-07-25
H 1015: BESSEMER CITY ANNEXATION.
S 315: MUNICIPAL SERVICES (NEW).
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