Senate committee substitute, as amended, makes various changes to the 5th edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: http://www.ncleg.net/gascripts/News/NewsArchive.pl.
The Daily Bulletin: 2015-06-16
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The Daily Bulletin: 2015-06-16
| Intro. by Dollar, Johnson, McGrady, Lambeth. | APPROP, GS 7A, GS 7B, GS 12, GS 14, GS 15A, GS 15B, GS 19A, GS 20, GS 44A, GS 47, GS 48A, GS 50, GS 58, GS 62, GS 65, GS 66, GS 74, GS 75A, GS 90, GS 93B, GS 96, GS 97, GS 105, GS 105A, GS 106, GS 108A, GS 108E, GS 110, GS 113, GS 113A, GS 114, GS 115C, GS 115D, GS 116, GS 116B, GS 116D, GS 120, GS 121, GS 122E, GS 124, GS 126, GS 127A, GS 127C, GS 128, GS 130A, GS 131D, GS 131E, GS 132, GS 135, GS 136, GS 138A, GS 142, GS 143, GS 143B, GS 143C, GS 146, GS 147, GS 148, GS 150B, GS 153A, GS 159G, GS 160A, GS 161, GS 165, GS 166A, GS 168 |
House committee substitute makes the following changes to the 1st edition.
Amends the long title.
Amends proposed GS 105-277.02 to provide that the statute applies to residential real property (previously, provided that it applied to all real property for sale by a builder). Defines residential real property for purposes of this statute.
Deletes proposed changes made to GS 105-287(d).
Amends the effective date of the act, providing that it is effective July 1, 2016 (was, July 1, 2015).
| Intro. by Hager, Millis, Brody, Collins. | GS 105 |
House amendments make the following changes to the 4th edition.
Amendment #1
Deletes language that repealed the following statutes: GS 14-402 (Sale of certain weapons without permit forbidden), 14-403 (Permit issued by sheriff; form of permit; expiration of permit), GS 14-404 (Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee), GS 14-405 (Record of permits kept by sheriff; confidentiality of permit information), and GS 14-407.1 (Sale of blank cartridge pistols).
Deletes proposed changes to GS 14-315(b1), which deleted language that provided that a person producing evidence that a minor used an apparently valid permit to receive a weapon is a partial defense to the violation of selling or giving weapons to minors. Also deletes proposed changes to GS 14-402(a), which provided that it was not unlawful for a person to purchase or receive a pistol without a permit from a dealer licensed under 18 USC Section 922 who conducts a background check via the National Instant Criminal Background Check System (NCIS) at the time the pistol is purchased or received.
Amends GS 14-402, Sale of certain weapons without permit forbidden, adding language which provides that the provisions of this section do not apply to purchases made from dealers licensed pursuant to 18 USC 922.
Makes conforming changes.
Amendment #2
Amends GS 14-403, Permit issued by sheriff; form of permit; expiration of permit, adding that weapon permits issued pursuant to GS Chapter 14, Article 52A, must be in a (1) standard form as created by the State Bureau of Investigation, (2) of uniform size and material, (3) designed to minimize the ability to be counterfeited or replicated, and (4) contain a watermark. Also requires that the standard permit be used statewide by the sheriffs of all counties and, when issued, must contain an embossed seal unique to the issuing sheriff. Effective December 1, 2015, applying to permits issued on or after that date.
Provides that permits properly issued before the above provisions are effective remain valid until expiration. Provides for the exchanging of valid permits for an updated version of the permit.
Requires the Department of Public Safety to make reasonable efforts to alert federally licensed firearm dealers in North Carolina of the new permit appearance and requirements implemented above.
Amendment #3
Authorizes the Administrative Office of the Courts to use up to $20,000 of funds available to it from the Court Information Technology Fund for the 2014-2015 fiscal year to comply with portions of subsection (d) [was, comply with subsection (d)] of Section 11 of this act applicable to the Administrative Office of the Courts.
Provides that Section 9 of this act, which amends GS 14-415.21, becomes effective December 1, 2015 (was, July 1, 2015), and applies to offenses committed on or after that date.
Makes multiple technical corrections to this act.
Amendment #4
Amends GS 14-415.12(b), which requires the sheriff to deny a permit for a concealed handgun permit for certain violations as specified, providing that violations of GS 14-33(a) (simple assault and battery) do not require a permit denial. Amends language to provide that a permit denial for violations of GS 14-415.26(d) (concerning falsification as a qualified retired law enforcement officer) can only be issued for violations which have occurred within the three years prior to the date the permit application was submitted (was, permit was denied for all specified violations of GS 14-415.26(d)).
Amends GS 14-415.12(b) to rewrite subdivision (8a) to provide that the sheriff is to deny a permit to an applicant who has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more misdemeanor violations of GS 14-33(c1), GS 14-33(c2), GS 14-33(c3), GS 14-33(d), GS 14-277.3A, GS 14-318.2, GS 14-134.3, GS 50B-4.1, or former GS 14-277.3 (previously, subsection required the denial of permits as provided for violations of GS 14-277.3A or former GS 14-277.3 within five years prior to the date the application is submitted).
Amendment #5
Deletes subsections (a) of Section 10 of this act, which repealed GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1 regarding the sale of weapons in certain counties and permit requirements for weapons. Also deletes subsection (b), which amended GS 14-315(b1) and subsection (c), which amended GS 14-402(a).
Adds a new Section 10(a) to this act, which amends GS 14-403 to provide that the permit issued by county sheriffs of all counties in the state to purchase, receive, sell, or dispose of any weapon mentioned in this Article must be in a standard form as created by the Department of Public Safety (DPS) in consultation with the North Carolina Sheriffs’ Association (Association). Requires that the permit be of a uniform size and material, be designed to minimize the ability to counterfeit or replicate the permit, and contain a raised seal.
Adds a new Section 10(b), which amends GS 14-404 regarding issuing or refusing to issue a weapons permit. Directs the sheriff to only consider an applicant’s conduct and criminal history for the five-year period immediately preceding the date of the application for the purpose of determining an applicant’s good moral character as criteria for receiving a permit. Provides that a refusal to issue a permit may be appealed to the superior court in the district in which the application was filed (was, to the chief judge of the district court for the district in which the application was filed).
Enacts a new subsection (e1) to GS 14-404 to provide that the application for a permit is to be on a form created by DPS in consultation with the Association, which must be used by all sheriffs and must be provided electronically and in paper form. Specifies that the applicant for a permit is only required to submit the following: (1) the permit application, (2) $5 for each permit requested, (3) a government issued proof of identity, (4) proof of residency, and (5) a signed release in a form prescribed by the Administrative Office of the Courts, with disclosures concerning the mental health or capacity of the applicant, in order to determine the applicant's qualification or disqualification to receive a permit. Prohibits requiring any additional documents or evidence from any applicant. Requires a person or entity to promptly disclose information regarding an applicant’s mental health or capacity to the sheriff upon presentation by the applicant or sheriff of either the original release form described in subsection (e1) or a photocopy of the release.
Provides that Section 10, as amended, becomes effective October 1, 2021, and applies to offenses committed on or after that date.
Amendment #6
Deletes proposed GS 120-32.1(c2), which permitted a legislator or legislative employee with a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes, or considered valid under GS 14-415.24, to carry a concealed handgun on the premises of the state legislative buildings and grounds. Makes conforming deletions to GS 14-415.11(c3) reflecting the above deletion.
Amendment #7
Deletes proposed GS Chapter 90, Article 1L, Preserving Firearms Privacy for Patients and makes conforming changes to the effective date provisions.
The Daily Bulletin: 2015-06-16
House amendment makes the following changes to the 4th edition.
Amends subsection (a) of GS 131D-10.2A, as enacted in this act, to clarify that the reasonable and prudent parent standard (Standard) in foster care is characterized by careful and sensible parental decisions reasonably intended to maintain the health, safety, and best interests of the child while at the same time encouraging the emotional and developmental growth of the child. Adds that a caregiver must apply the Standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities.
Also amends subsection (d) to provide that a caregiver, including a foster parent, may be held liable for an act or omission of the child if the caregiver fails to act in accordance with the Standard. Previously declared that a caregiver was not to be held liable for an act or omission of the child if the caregiver or county department of social services is acting in accordance with the Standard. Requires that the liability of a county department of social services, or the Department of Health and Human Services (DHHS), must be strictly adjudicated according to and in compliance with the terms of GS 153A-435, et seq., or GS 143-291, et seq., to the extent applicable.
Amends subsection (f) to clarify that the caregiver, foster parent, or designated official at a child care institution is not liable for injuries to the child that occur as a result of acting in accordance with the Standard.
Amends subsection (g) to declare that the immunity conferred in (f) also does not apply if it is determined that the child's injuries arose out of operation of a motor vehicle. Requires that the liability of a county department of social services or the DHHS must be strictly adjudicated according to and in compliance with the terms of GS 153A-435, et seq. or GS 143-291, et seq., to the extent applicable. Declares that nothing in subsection (g) of GS 131D-10.2A is intended to repeal or diminish the qualified immunity of public officials who are acting in the course and scope of their employment.
Amends GS 7B-903.1(a), as enacted in this act, to clarify that except as prohibited by federal law, the director of a county department of social services has the authority to make decisions about a juvenile in the custody of that department (was, conferred authority on the director of the county department to the extent authorized by federal law).
Makes a technical correction to Part V of this act to identify the Department of Health and Human Services, Division of Medical Assistance, as the entity to design and draft a 1915(c) Medicaid waiver to serve children with Serious Emotional Disturbance in home and community-based settings.
House committee substitute makes the following changes to the 2nd edition.
Amends proposed GS 143C-6A-3, definitions for the Iran Divestment Act, making changes to the definitions for the terms investment activities in Iran and person.
Amends proposed GS 143C-6A-4, Prohibitions on state investment, making organizational and clarifying changes.
Amends proposed GS 143C-6A-5, Certification required, deleting language that required individuals to cease investment activities with individuals that have been identified pursuant to the list created in GS 143C-6A-4 within 90 days after a determination of such a violation and instead provides that appropriate state action can be taken as provided if an individual fails to demonstrate within 90 days after the determination of the violation that any individual should not have been identified on the list created pursuant to GS 143C-6A-4.
Amends proposed GS 143C-6A-6, Restrictions on contracts with the State or subdivisions of the State, adding new subsection (c) providing that existing contracts with individuals made ineligible to contract with the state or a political subdivision of the state must be allowed to expire in accordance with the specified terms of the contract.
Amends proposed GS 143C-6A-7, making organizational and clarifying changes and adding language that requires the State Treasurer to develop and make publicly available a "Substantial Positive Action Exception List" which lists individuals with allowable investment activities in Iran as specified. Requires the list to be updated every 180 days and provides for an individual's name to be removed from the list if the individual has not engaged in investment activities in Iran within the previous five years.
Amends proposed GS 143C-6A-8, Report; application, adding conforming and technical language specifying that the restrictions provided for in the act do not apply to any investment activities in Iran that have been specifically exempted from federal sanctions by Congress.
Creates new GS 143C-6A-9, No private right of action, which provides that the act does not create any private right of action to enforce the specified provisions. Allows individuals included on the specified lists to challenge such decisions, except such challenges cannot be filed more than once every 365 days and prohibits the awarding of attorneys' fees.
Authorizes the State Treasurer to retain the services of specified professionals for the proper implementation and administration of the requirements of the act. Effective when the act becomes law.
Amends the effective date clause, providing that, unless otherwise provided, the act is effective October 1, 2015 (previously, entire act was effective October 1, 2015).
| Intro. by Gunn. | GS 143C |
House committee substitute makes the following changes to the 2nd edition.
Amends subsection (d) of GS 116-143.3A, as enacted in this act, to clarify that after the expiration of the three-year period following discharge or death as described in 38 USC �_ 3679(c) (applies to veterans and dependent beneficiaries), any enrolled veteran or enrolled individual (was, veteran or individual) for whom the 12-month residency requirement was waived would continue to be eligible for the in-state tuition rate as long as the enrolled veteran or recipient remains continuously enrolled at that same institution of higher education.
| Intro. by Brown, Rabon, Sanderson. | GS 116 |
House amendment makes the following changes to the 2nd edition.
Makes a technical correction to proposed GS 110-105.3(i).
The Daily Bulletin: 2015-06-16
AN ACT TO ADD CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF CARY. Enacted June 15, 2015. Effective June 30, 2015.
| Intro. by Dollar. | Wake |
AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF POLKTON. Enacted June 15, 2015. Effective June 30, 2015.
| Intro. by Brody. | Anson |
AN ACT TO ANNEX CERTAIN DESCRIBED PROPERTY TO THE TOWN OF CLAYTON. Enacted June 15, 2015. Effective June 30, 2015.
AN ACT REMOVING CERTAIN RESTRICTIONS ON SATELLITE ANNEXATIONS FOR THE TOWN OF WILSON'S MILLS. Enacted June 15, 2015. Effective June 15, 2015.
| Intro. by Langdon, Daughtry. | Johnston |
The Daily Bulletin: 2015-06-16
Actions on Bills: 2015-06-16
H 44: LOCAL GOVERNMENT REGULATORY REFORM 2015. (NEW)
H 86: UTILITY LINE RELOACTION/SCHOOL BOARD.
H 97: 2015 APPROPRIATIONS ACT.
H 148: INSURANCE REQUIRED FOR MOPEDS. (NEW)
H 154: LOCAL GOVERNMENTS IN STATE HEALTH PLAN. (NEW)
H 168: EXEMPT BUILDERS' INVENTORY.
H 288: INSURANCE TECHNICAL CHANGES.-AB
H 327: EMS PERSONNEL TECHNICAL CHANGES. (NEW)
H 339: ADD FONTA FLORA TRAIL TO STATE PARKS SYSTEM.
H 495: OSHR MODERNIZATION/TECHNICAL CHANGES.
H 562: AMEND FIREARM LAWS.
H 679: UNC SELF-LIQUIDATING PROJECTS.
H 812: GRANT RECIPIENTS POSTED ON GRANTOR WEB SITE.
H 836: ELECTION MODIFICATIONS.
S 7: FOOD STAND SEATING & OUTDOOR FOOD SERVICE.
S 43: CDLS FOR VETERANS REVISIONS.
S 284: INFRASTRUCTURE ASSESSMENTS/EXTEND SUNSET. (NEW)
S 301: DOT/PURCHASE OF CONTAMINATED LAND.-AB
S 423: FOSTER CARE FAMILY ACT.
S 455: IRAN DIVESTMENT ACT.
S 462: PUBLIC AUTHORITIES/NONPROFIT CORPORATIONS.
S 478: IN-STATE TUITION FOR CERTAIN VETS/FED PROG.
S 488: AMEND UNIFORM INTERSTATE FAMILY SUPPORT ACT.-AB
S 578: TRANSITION CERTAIN ABUSE INVESTIGATIONS/DCDEE.
S 596: PROTECTION AGAINST UNCONST. FOREIGN JUDGMNTS.
S 621: REGISTRATION RENEWAL NOTICE/E-MAIL.-AB
S 682: MODIFY SUNSET RE: CONTINGENT AUDITS.
S 716: MOUNTAIN ENERGY ACT OF 2015 (NEW).
Actions on Bills: 2015-06-16
H 131: TOWN OF MAGGIE VALLEY/DEANNEXATION.
H 217: CLAYTON DEANNEXATION/ANNEXATION.
H 247: HOKE COUNTY LOCAL OPTION SALES TAX.
H 263: CITY ELECTIONS/TRINITY AND GREENSBORO
H 337: TOWN OF CARY/RELEASE UNNEEDED EASEMENTS.
H 386: HOPE MILLS/SPRING LAKE/SATELLITE ANNEXATIONS (NEW).
H 411: TOWN OF ANGIER/DEANNEXATION.
H 412: DUNN ANNEXATION/HOLLY RIDGE ANNEXATION.
H 415: FONTANA DAM/ESTABLISH ELECTRIC POWER BOARD.
S 50: Wilson County Occupancy Tax Modification.
S 140: LAKE SANTEETLAH OCCUPANCY TAX AUTHORIZATION.
S 218: FRANKLIN/ARCHDALE/SATELLITE ANNEXATIONS.
S 256: DURHAM VOLUNTARY ANNEXATIONS/ADJACENT STREETS.
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