The Daily Bulletin: 2015-06-25

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The Daily Bulletin: 2015-06-25

PUBLIC/HOUSE BILLS
H 255 (2015-2016) BUILDING CODE REG. REFORM. Filed Mar 17 2015, AN ACT TO REFORM BUILDING CODE ENFORCEMENT TO PROMOTE ECONOMIC GROWTH BY CONFORMING WORK IN PROGRESS INSPECTION AUTHORITY TO RECENTLY ENACTED INSPECTION LIMITATIONS, BY REQUIRING THE BUILDING CODE COUNCIL TO STUDY THE ALTERNATE METHODS APPROVAL PROCESS, BY CLARIFYING THE DEFINITION OF OFFICIAL MISCONDUCT FOR CODE OFFICIALS, BY RAISING THE THRESHOLD FOR REQUIREMENT OF A BUILDING PERMIT, BY CREATING THE BUILDING CODE COUNCIL RESIDENTIAL CODE COMMITTEE AND THE BUILDING CODE COMMITTEE, BY REQUIRING INTERNET POSTING OF CERTAIN COUNCIL DECISIONS AND INTERPRETATIONS, BY CLARIFYING THAT INSPECTION FEES COLLECTED BY CITIES AND COUNTIES MAY ONLY BE USED TO SUPPORT THE INSPECTION DEPARTMENT, AND BY REQUIRING THAT INSPECTIONS BE PERFORMED IN FULL AND IN A TIMELY MANNER AND INSPECTION REPORTS TO INCLUDE ALL ITEMS FAILING TO MEET CODE REQUIREMENTS, BY AUTHORIZING INSPECTIONS OF COMPONENTS OR ELEMENTS OF BUILDINGS CERTIFIED BY LICENSED ARCHITECTS OR LICENSED ENGINEERS, AND BY EXEMPTING CERTAIN COMMERCIAL BUILDING PROJECTS FROM THE REQUIREMENT OF A PROFESSIONAL SEAL.

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

Amends GS 143-136(c) to provide that there are to be seven (was, six) members on the Residential Code for One- and Two-Family Dwellings Committee that is created in this act. Specifies that the additional member is to be the municipal or county building inspector.

Intro. by Brody, Riddell, Cotham.STUDY, GS 143, GS 153A, GS 160A
H 255 (2015-2016) BUILDING CODE REG. REFORM. Filed Mar 17 2015, AN ACT TO REFORM BUILDING CODE ENFORCEMENT TO PROMOTE ECONOMIC GROWTH BY CONFORMING WORK IN PROGRESS INSPECTION AUTHORITY TO RECENTLY ENACTED INSPECTION LIMITATIONS, BY REQUIRING THE BUILDING CODE COUNCIL TO STUDY THE ALTERNATE METHODS APPROVAL PROCESS, BY CLARIFYING THE DEFINITION OF OFFICIAL MISCONDUCT FOR CODE OFFICIALS, BY RAISING THE THRESHOLD FOR REQUIREMENT OF A BUILDING PERMIT, BY CREATING THE BUILDING CODE COUNCIL RESIDENTIAL CODE COMMITTEE AND THE BUILDING CODE COMMITTEE, BY REQUIRING INTERNET POSTING OF CERTAIN COUNCIL DECISIONS AND INTERPRETATIONS, BY CLARIFYING THAT INSPECTION FEES COLLECTED BY CITIES AND COUNTIES MAY ONLY BE USED TO SUPPORT THE INSPECTION DEPARTMENT, AND BY REQUIRING THAT INSPECTIONS BE PERFORMED IN FULL AND IN A TIMELY MANNER AND INSPECTION REPORTS TO INCLUDE ALL ITEMS FAILING TO MEET CODE REQUIREMENTS, BY AUTHORIZING INSPECTIONS OF COMPONENTS OR ELEMENTS OF BUILDINGS CERTIFIED BY LICENSED ARCHITECTS OR LICENSED ENGINEERS, AND BY EXEMPTING CERTAIN COMMERCIAL BUILDING PROJECTS FROM THE REQUIREMENT OF A PROFESSIONAL SEAL.

Senate amendment #2 makes the following changes to the 5th edition, as amended.

Amends subsection (c), as enacted in this act, to GS 153A-352, which pertains to the duties and responsibilities of a county inspection department and its inspectors. Provides that for a county to accept and approve, without additional responsibility to inspect, a design or other proposal for a component or element in the construction of buildings from a licensed architect or engineer, there are conditions that must all apply. Amends one of those conditions to clarify that field inspection of the installation or completion of the construction component or element of the buildings (was, installation or completion of construction) is to be performed by that licensed architect or licensed engineer.

Makes an identical change to subsection (c), as enacted in this act, in GS 160A-412, pertaining to a city.

Intro. by Brody, Riddell, Cotham.STUDY, GS 143, GS 153A, GS 160A
H 705 (2015-2016) AMEND SEPTIC TANK REQUIREMENTS. Filed Apr 14 2015, AN ACT TO (1) BROADEN THE TYPES OF SUBSURFACE WASTEWATER TREATMENT SYSTEMS THAT MAY SERVE AS THE BASIS FOR DESIGNATED REPAIR AREA REQUIREMENTS FOR REPLACEMENT WASTEWATER TREATMENT SYSTEMS AND (2) MAKE CAPACITY AND MANAGEMENT CHANGES FOR CERTAIN DISPERSAL SYSTEMS.

Senate amendment makes the following changes to the 3rd edition.

Requires the repeal of 15A NCAC 18A .1956(6)(c) (Modifications to Septic Tank Systems Rule: Saprolite System, Design Daily Flow) instead of 15A NCAC 18A .1956(6)(Modifications to Septic Tank Systems Rule: Saprolite System Rule).

Intro. by Brody.UNCODIFIED

The Daily Bulletin: 2015-06-25

PUBLIC/SENATE BILLS
S 570 (2015-2016) EXPAND CERTIFICATE OF RELIEF & EXPUNCTION. (NEW) Filed Mar 26 2015, AN ACT TO EXPAND THE AVAILABILITY OF CERTIFICATES OF RELIEF TO CERTAIN OFFENDERS AND FOR EXPUNCTIONS OF FINDINGS OF NOT GUILTY OR NOT RESPONSIBLE.

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

Amends the long title. 

Amends GS 15A-145.5 (Expunction of certain misdemeanors and felonies; no age limitation) and GS 15A-145.4 (Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony), providing that an offense involving impaired driving as defined in GS 20-4.01(24a) is not, for purposes of these sections, considered a nonviolent misdemeanor or nonviolent felony (previously, provided that offenses under GS 20-138.1, GS 20-138.2, or GS 20-138.5 for driving while impaired or under GS 75A-10(b1) for boating while impaired were not considered nonviolent misdemeanors or non-violent felonies for purposes of GS 15A-145.5).

Enacts new GS 15A-145.7 to provide that if a person is convicted of more than one youthful drug offense in the same session of court, then the convictions are to be treated as one youthful drug conviction and an expunction order under the statute must provide that the multiple convictions are to be expunged from the person's record. Defines a youthful drug offense as a conviction for any violation of GS 90-95(a)(3) (possession of a controlled substance) or GS 90-113.22 (possession of drug paraphernalia) where the defendant is less than 25 years old at the time of the offense. Allows a person to petition for expunction of up to two youthful drug offense convictions if the person has no misdemeanor or felony convictions, other than a traffic or misdemeanor boating violation, for at least 10 years before filing the petition, the person was convicted of an eligible youthful drug offense, and the person provides proof that the person is drug fee (as defined in the act) and has been so for at least one year. Prohibits filing a petition for expunction earlier than the later of (1) 10 years after the date of the conviction or (2) when any active sentence, period of probation, and post-release supervision has been served. Sets out the process for establishing that a person is drug free and has been so for one year. Specifies items that must be included in the expunction petition. Specifies service requirements and gives the district attorney 30 days to object to the petition. Specifies findings the court must make in order to grant the expunction and requires an order denying the petition to include a finding as to the reason for the denial. Sets out provisions concerning the effect of the expunction. Sets the expunction petition fee under this statute at $175 and requires $122.50 to be given to the Department of Public Safety for the costs of criminal record checks. The remaining money is to be used by the Administrative Office of the Courts to pay the costs of processing the petitions.

Amends GS 15A-146, Expunction of records when charges are dismissed or there are findings of not guilty, enacting new subsection (a2), providing that a person who has been previously granted an expunction under this section but is subsequently found not guilty or not responsible can apply to have that subsequent finding expunged. Specifies findings the court must make in order to grant the expunction.  

Amends the effective date provisions, providing that the act is effective December 1, 2015, applying to petitions for expunction filed on or after that date (was, the act was effective when it became law).

Intro. by Bryant, McKissick, Daniel.GS 14, GS 15A

The Daily Bulletin: 2015-06-25

LOCAL/HOUSE BILLS
H 493 (2015-2016) LAKE LURE DEANNEXATION Filed Apr 1 2015, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF LAKE LURE.

Senate committee substitute makes the following changes to the 2nd edition.

Deletes Section 2 of this act, which provided that the deannexation of Mystic Waters Farm, formerly known as Eagle Camp, LLC, from the Town of Lake Lure would become effective only if the deannexation were approved by the registered voters of the town in a referendum conducted on November 3, 2015.

Rewrites the short and long title of the bill to remove all references to the deannexation being subject to a referendum.

Provides that this act becomes effective June 30, 2015 (was, provided that if the majority of the votes cast in the referendum were in favor of the annexation, the act was effective June 30, 2016, and if the a majority of votes were against deannexation, then Section 1 of the act had no effect; also provided that the remainder of the act was effective when it became law).

Intro. by Hager.Rutherford

The Daily Bulletin: 2015-06-25

ACTIONS ON BILLS

Actions on Bills: 2015-06-25

PUBLIC BILLS

H 55: PUBLIC EXHIBIT OF FIREWORKS/NCSU.

    Ratified

H 148: INSURANCE REQUIRED FOR MOPEDS. (NEW)

    Pres. To Gov. 6/25/2015

H 255: BUILDING CODE REG. REFORM.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Amend Adopted A2
    Senate: Passed 3rd Reading
    Engrossed

H 288: INSURANCE TECHNICAL CHANGES.-AB

    Senate: Regular Message Sent To House
    House: Regular Message Received For Concurrence in S Com Sub

H 356: NCUC REG. FEE CHANGES.

    Senate: Passed 2nd Reading

H 372: MEDICAID TRANSFORMATION AND REORGANIZATION

    Senate: Passed 1st Reading
    Senate: Ref To Com On Ways & Means
    Senate: Passed 1st Reading
    Senate: Ref To Com On Ways & Means
    Senate: Passed 1st Reading
    Senate: Ref To Com On Ways & Means

H 556: ACHIEVING A BETTER LIFE EXPERIENCE ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

H 561: SCHOOL SYSTEM AUTH. RE: LEGAL PROCEEDINGS.

    Senate: Reptd Fav
    Senate: Re-ref Com On Education/Higher Education

H 634: STORMWATER/BUILT-UPON AREA CLARIFICATION.

    Senate: Passed 2nd Reading

H 640: OUTDOOR HERITAGE ACT.

    House: Ordered Enrolled

H 652: RIGHT TO TRY ACT FOR TERMINALLY ILL PATIENTS.

    Pres. To Gov. 6/25/2015

H 705: AMEND SEPTIC TANK REQUIREMENTS.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

H 837: HONOR JULIAN PIERCE.

    House: Adopted

S 88: POLE ATTACHMENT DISPUTES (NEW).

    Ratified
    Pres. To Gov. 06/26/2015

S 174: RAIL CORRIDOR LEASE/CITY OF WILMINGTON.

    Ratified
    Pres. To Gov. 06/26/2015

S 284: INFRASTRUCTURE ASSESSMENTS/EXTEND SUNSET. (NEW)

    Ratified
    Pres. To Gov. 06/25/2015

S 286: REGULATE THE SALE OF E-LIQUID CONTAINERS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 299: PORT USAGE CONTRACTS/PUBLIC RECORDS.

    House: Placed On Cal For 06/29/2015

S 333: TEACHER TRANSITION DATA.

    Pres. To Gov. 06/25/2015

S 423: FOSTER CARE FAMILY ACT.

    Pres. To Gov. 06/25/2015

S 455: IRAN DIVESTMENT ACT.

    Ratified
    Pres. To Gov. 06/26/2015

S 462: PUBLIC AUTHORITIES/NONPROFIT CORPORATIONS.

    Pres. To Gov. 06/25/2015

S 545: WORKFORCE ENRICHMENT/VETERANS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/29/2015

S 570: EXPAND CERTIFICATE OF RELIEF & EXPUNCTION. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

S 578: TRANSITION CERTAIN ABUSE INVESTIGATIONS/DCDEE.

    Pres. To Gov. 06/25/2015

Actions on Bills: 2015-06-25

LOCAL BILLS

H 263: CITY ELECTIONS/TRINITY AND GREENSBORO

    House: Placed On Cal For 06/29/2015

H 266: CITY OF LENOIR/SATELLITE ANNEXATION.

    Senate: Reptd Fav

H 307: ZEBULON CHARTER/USE OF CERTAIN FEES.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 322: ZONING/RECREATIONAL LAND REQ.-MORRISVILLE.

    Senate: Reptd Fav

H 347: GRAHAM, BUNCOMBE OCC. TAX/STOKESDALE FIRE.

    House: Concurred On 3rd Reading
    House: Ordered Enrolled

H 400: TOWN OF MINT HILL/ANNEXATIONS.

    Senate: Reptd Fav

H 411: TOWN OF ANGIER/DEANNEXATION.

    Senate: Reptd Fav

H 412: DUNN ANNEXATION/HOLLY RIDGE ANNEXATION.

    Senate: Reptd Fav
    Senate: Reptd Fav

H 426: TOWN OF WELDON/DEANNEXATION.

    Senate: Reptd Fav

H 467: CLEVELAND COUNTY CORONER/ME RECOMMENDATIONS.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 06/29/2015

H 493: LAKE LURE DEANNEXATION

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 526: STANFIELD ANNEXATION/LOCUST DEANNEXATION (NEW).

    Senate: Reptd Fav
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

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