The Daily Bulletin: 2015-07-02

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The Daily Bulletin: 2015-07-02

PUBLIC/HOUSE BILLS
H 512 (2015-2016) AMEND/CLARIFY BACK-UP PSAP REQUIREMENTS. Filed Apr 1 2015, AN ACT TO ALLOW TIME EXTENSIONS FOR IMPLEMENTATION OF BACK-UP PSAP REQUIREMENTS, TO DEFINE UNIFORM STANDARDS FOR BACK-UP PSAPS, AND TO DEVELOP A MASTER PURCHASING LIST FOR 911 SYSTEM ELIGIBLE EXPENSES.

Senate committee substitute makes the following changes to the 1st edition.

Amends the long title.

Enacts new GS 153A-457 requiring counties that operate 911 public safety answering points funded by county ad valorem taxes to provide the 911 dispatch services without additional charge to any city in the county if the city adopts a resolution requesting the services. Provides that if the county was not already providing such services to the city, then the county has 12 months from the date of the resolution to begin providing the 911 dispatch services to the city. Effective July 1, 2015. Adds that these provisions do not apply if a county and city have entered into an agreement or contract for the sharing of the cost of 911 dispatch services. Provides that the agreement or contract remains effective until it is terminated by the parties.

Intro. by S. Martin, Steinburg, Saine, B. Brown.GS 62A, GS 153A
H 544 (2015-2016) COUNTY SIGN ORDINANCE IN CITIES. Filed Apr 1 2015, AN ACT TO REQUIRE SIGNS POSTED IN THE CITY WHEN A CITY OPTS TO ENFORCE A COUNTY ORDINANCE TO CONFORM TO THE CITY SIGN ORDINANCES.

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

Changes the act's short and long titles to more accurately reflect the bill's content.

Intro. by W. Brawley, Horn, Jeter.GS 153A
H 613 (2015-2016) CLARIFY SIGNS ON HIGHWAYS AND ROADS (NEW). Filed Apr 9 2015, AN ACT TO CLARIFY THAT A MUNICIPALITY IS AUTHORIZED TO ENFORCE STATE LAW CONCERNING PLACEMENT OF POLITICAL SIGNS ON THE STATE HIGHWAY SYSTEM WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY AND TO SPECIFY THAT SIGNS ARE NOT TO BE PLACED ON A MEDIAN OR TRAFFIC ISLAND.

Senate committee substitute makes the following changes to the 1st edition. 

Further amends GS 136-32 to prohibit the placement of signs on medians or traffic islands. Adds that cities may, by ordinance, prohibit or regulate the placement of political signs on medians and traffic islands. Makes conforming changes, including changes to the act's short and long titles.

Intro. by W. Brawley.GS 136
H 652 (2015-2016) RIGHT TO TRY ACT FOR TERMINALLY ILL PATIENTS. Filed Apr 13 2015, AN ACT ESTABLISHING A RIGHT TO TRY ACT TO PROVIDE EXPANDED ACCESS TO INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES FOR PATIENTS DIAGNOSED WITH TERMINAL ILLNESS.

AN ACT ESTABLISHING A RIGHT TO TRY ACT TO PROVIDE EXPANDED ACCESS TO INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES FOR PATIENTS DIAGNOSED WITH TERMINAL ILLNESS. Enacted July 2, 2015. Effective October 1, 2015.

Intro. by Blackwell, Hager, Lambeth, Reives.GS 90
H 669 (2015-2016) JUVENILE LAW CHANGES/ABUSE/NEGLECT/DEPENDENCY. Filed Apr 13 2015, AN ACT TO MAKE VARIOUS CHANGES TO THE JUVENILE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY.

AN ACT TO MAKE VARIOUS CHANGES TO THE JUVENILE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY. Enacted July 2, 2015. Section 3 is effective July 2, 2015. The remainder is effective October 1, 2015.

Intro. by Stevens.GS 7B
H 765 (2015-2016) REGULATORY REFORM ACT OF 2015. Filed Apr 14 2015, AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA BY PROVIDING FOR VARIOUS ADMINISTRATIVE REFORMS, BY ELIMINATING CERTAIN UNNECESSARY OR OUTDATED STATUTES AND REGULATIONS AND MODERNIZING OR SIMPLIFYING CUMBERSOME OR OUTDATED REGULATIONS, AND BY MAKING VARIOUS OTHER STATUTORY CHANGES.

Senate amendments make the following changes to the 3rd edition as amended.

Amendment #14

Amends proposed GS 6-19.1(c) regarding attorneys' fees in certain actions involving the State when the State is the prevailing party, directing the court to allow the recovery of such fees when the claim or issue involved (1) contesting the State's ability to construct transportation improvements to real property based on environmental impact or (2) contesting the State's issuance of a permit authorizing activity on real property based on environmental impact [previously, required the recovery when the claim or issue concerned (1) contesting the State's ability to construct transportation improvements or (2) seeking relief based on environmental impact].

Amends GS 93A-2(c)(1), concerning license requirements of real estate brokers, amending specified exemptions to licensure requirements in GS 93A-1 or GS 93A-2 when engaged in acts or services for which the business entity would be exempt, including making the following changes: (1) limiting the exemption to officers, employees, general partners, managers, member-managers of exempt corporations, partnerships, and limited liability companies whose income is reported on W-2s; (2) providing that exemptions to licensure requirements for owners of exempt closely held business entities must be natural person owners; (3) further amends exemptions for officers, managers, member-managers, and employees with income reported on W-2s of closely held business entities setting out ownership requirements of the entity concerning natural person ownership in order to qualify for the specified exemptions. Adds additional requirements for a closely held business entity acting as an agent pursuant to this sub-subdivision that it must file an annual written notice with the Secretary of State, which includes its legal name and physical address. Provides that the exemptions provided for in these provisions are only effective if the closely held business entity has a net worth that equals or exceeds the value of the transaction. Further adds requirements that once a person conducts a real estate transaction pursuant to an exemption as provided, that person must disclose in writing to the parties of the transaction (1) that the person is not licensed as a real estate broker or salesperson, (2) the specific exemption which applies, and (3) the legal name and physical address of the owner of the subject property  and of the closely held business entity.

Deletes changes made to GS 20-84 that allowed the Division of Motor Vehicles (DMV) to issue a permanent license plate for a trailer used as an attachment to the rear of a motorcycle. Amends GS 20-63(d) to require the DMV to issue reduced size registration plates on a multiyear or annual basis, approximately four by seven inches in size, for owners of motorcycles and property-hauling motorcycle trailers attached to the rear of motorcycles. Effective October 1, 2015.

Amends proposed GS 143-129.10, which requires a public entity (as defined) to consider all acceptable piping materials before determining which material should be used in conducting specified activities related to a water, wastewater, or stormwater drainage project if it is funded with state funds, deleting the language that required the public entity to consider all acceptable piping materials only if the project was funded with state funds. Makes conforming changes, deleting references to state funds and state agencies in the definition for a public entity

Amends GS 130A-309.10, which prohibits disposing of discarded computer equipment and discarded televisions in landfills, by specifying items that meet the definitions for computer (was, computer was as defined in GS 130A-309.131) and television (was, television was as defined in GS 130A-309.131).

Amends the title of Section 4.9.

Amends GS 130A-336.1, concerning an alternative process for wastewater system approvals, to allow a professional engineer designing the proposed wastewater system to use pretreatment (was, wastewater system) technologies not yet approved in this state. Also adds that when the engineer’s designs, plans, and specifications call for the installation of a conventional wastewater system, it must allow for the installation of an accepted system in lieu of a conventional system in accordance with the accepted system approval.

Amends GS 130A-343 by amending the definition of innovative wastewater system to remove proposed language that included within the definition any system that remains on a list of the applicable nationally recognized standards for a period that exceeds two years and satisfies the treatment limits adopted by the Department.

Amendment #15

Amends GS 7A-304 to clarify that the $250 fee is to be ordered upon conviction of a defendant charged with violating Article 47 of GS Chapter 14 or the Animal Welfare Act.

The Daily Bulletin: 2015-07-02

PUBLIC/SENATE BILLS
S 423 (2015-2016) FOSTER CARE FAMILY ACT. Filed Mar 25 2015, AN ACT TO ALIGN STATE LAW WITH FEDERAL LAW BY PROVIDING FOR THE SUPPORT OF HEALTHY DEVELOPMENT OF YOUTH IN FOSTER CARE THROUGH IMPLEMENTATION OF A REASONABLE AND PRUDENT PARENT STANDARD FOR DECISIONS MADE BY A FOSTER PARENT OR A DESIGNATED OFFICIAL FOR A CHILD CARE INSTITUTION AND REVISING THE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY REGARDING JUVENILE PLACEMENT UNDER THE JUVENILE CODE; TO PROVIDE LIABILITY INSURANCE FOR FOSTER PARENTS' TO REDUCE BARRIERS TO OBTAINING A DRIVERS LICENSE FOR FOSTER CHILDREN AND BY CLARIFYING THAT FOSTER PARENTS DO NOT VIOLATE FINANCIAL RESPONSIBILITY REQUIREMENTS BY ALLOWING FOSTER CHILDREN WITH THEIR OWN INSURANCE COVERAGE TO OPERATE A VEHICLE OWNED BY THE FOSTER PARENT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY A MEDICAID WAIVER FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCE.

AN ACT TO ALIGN STATE LAW WITH FEDERAL LAW BY PROVIDING FOR THE SUPPORT OF HEALTHY DEVELOPMENT OF YOUTH IN FOSTER CARE THROUGH IMPLEMENTATION OF A REASONABLE AND PRUDENT PARENT STANDARD FOR DECISIONS MADE BY A FOSTER PARENT OR A DESIGNATED OFFICIAL FOR A CHILD CARE INSTITUTION AND REVISING THE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY REGARDING JUVENILE PLACEMENT UNDER THE JUVENILE CODE; TO PROVIDE LIABILITY INSURANCE FOR FOSTER PARENTS' TO REDUCE BARRIERS TO OBTAINING A DRIVERS LICENSE FOR FOSTER CHILDREN AND BY CLARIFYING THAT FOSTER PARENTS DO NOT VIOLATE FINANCIAL RESPONSIBILITY REQUIREMENTS BY ALLOWING FOSTER CHILDREN WITH THEIR OWN INSURANCE COVERAGE TO OPERATE A VEHICLE OWNED BY THE FOSTER PARENT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY A MEDICAID WAIVER FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCE. Enacted July 2, 2015. Parts 2 and 4 are effective October 1, 2015. The remainder is effective July 2, 2015.

Intro. by Barringer, Harrington, Tucker.STUDY, GS 7B, GS 20, GS 48A, GS 58, GS 131D

The Daily Bulletin: 2015-07-02

The Daily Bulletin: 2015-07-02

ACTIONS ON BILLS

Actions on Bills: 2015-07-02

PUBLIC BILLS

H 39: LABOR/UP AMUSEMENT DEVICE PENALTIES.

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

H 59: CLARIFY REPORT ADMISSIBILITY.

    Senate: Reptd Fav
    Senate: Placed On Cal For 07/14/2015

H 201: ZONING CHANGES/CITIZEN INPUT.

    Senate: Passed 3rd Reading

H 255: BUILDING CODE REG. REFORM.

    Ratified

H 268: AMEND TRANSPORTATION LAWS.-AB

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

H 273: CLARIFY COND. DISCHARGE LAW/NO DWI EXPUNGE.

    House: Regular Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 288: INSURANCE TECHNICAL CHANGES.-AB

    Ratified

H 350: RESTORE DRIVING PRIVILEGES/COMPETENCY.

    Senate: Reptd Fav
    Senate: Placed On Cal For 07/14/2015

H 376: CIV PRO/MODERNIZE EXPERT DISCOVERY.

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

H 512: AMEND/CLARIFY BACK-UP PSAP REQUIREMENTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 07/14/2015

H 544: COUNTY SIGN ORDINANCE IN CITIES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 07/14/2015

H 613: CLARIFY SIGNS ON HIGHWAYS AND ROADS (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 07/14/2015

H 634: STORMWATER/BUILT-UPON AREA CLARIFICATION.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled
    Ratified

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

    Signed by Gov. 7/2/2015
    Ch. SL 2015-137

H 669: JUVENILE LAW CHANGES/ABUSE/NEGLECT/DEPENDENCY.

    Signed by Gov. 7/2/2015
    Ch. SL 2015-136

H 705: AMEND SEPTIC TANK REQUIREMENTS.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled
    Ratified

H 765: REGULATORY REFORM ACT OF 2015.

    Senate: Amend Adopted A14
    Senate: Amend Adopted A15
    Senate: Passed 3rd Reading
    Engrossed

H 766: AMEND CBD OIL STATUTE.

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

H 823: ESTABLISH ADVISORY COUNCIL ON RARE DISEASES.

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

S 423: FOSTER CARE FAMILY ACT.

    Signed by Gov. 7/2/2015
    Ch. SL 2015-135

S 654: MAP ACT/CLARIFICATIONS.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 07/14/2015

S 717: ADJOURNMENT RESOLUTION.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled
    Ratified
    Ch. Res 2015-11

Actions on Bills: 2015-07-02

LOCAL BILLS

H 263: CITY ELECTIONS/TRINITY AND GREENSBORO

    Senate: Placed on Today's Calendar
    Senate: Placed on Today's Calendar
    House: Conf Report Failed
    House: Conf Rpt Recon
    House: Conf Report Adopted
    Senate: Conf Report Adopted
    Ratified
    Ch. SL 2015-138

H 386: HOPE MILLS/SPRING LAKE/SATELLITE ANNEXATIONS (NEW).

    Senate: Reptd Fav
    Senate: Re-ref Com On Finance

H 389: ROANOKE ISLAND FIRE DISTRICT CHANGES.

    House: Passed 3rd Reading
    House: Regular Message Sent To Senate

H 411: TOWN OF ANGIER/DEANNEXATION.

    Ratified
    Ch. SL 2015-139

H 467: CLEVELAND COUNTY CORONER/ME RECOMMENDATIONS.

    House: Regular Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 493: LAKE LURE DEANNEXATION

    House: Concurred On 3rd Reading
    House: Ordered Enrolled
    Ratified
    Ch. SL 2015-140

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