The Daily Bulletin: 2015-08-19

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The Daily Bulletin: 2015-08-19

PUBLIC/HOUSE BILLS
H 799 (2015-2016) ZONING/CHANGES TO HIST. PRESERV. PROCEDURES. Filed Apr 14 2015, AN ACT TO ALLOW A PROPERTY OWNER TO REQUEST REMOVAL FROM A HISTORIC DISTRICT, TO MAKE AMENDMENTS TO THE PROCESS TO CREATE A HISTORICAL COMMISSION, TO MODIFY THE CONFLICT OF INTEREST RECUSAL FOR MEMBERS OF HISTORICAL COMMISSIONS, AND TO CREATE A PROCESS FOR THE COMMISSION TO ISSUE INFORMATIONAL REPORTS TO POTENTIAL PURCHASERS OF HISTORIC PROPERTIES.

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

Amends GS 160A-400.4 to create new subsection (e) allowing a property owner to request removal from a historic district. Allows the Department of Cultural Resources, acting through the State Historic Preservation Officer, to submit a written analysis and recommendations concerning the property owner's petition. Requires the local historic preservation commission to schedule public hearings on the matter and then create recommendations based on the hearing as well as on any analysis from the Department of Cultural Resources. The local municipal governing body may then, in its discretion, amend any ordinance that includes the property in a historic district. Makes technical changes.

Adjusts the amendment pertaining to certificates of appropriateness in GS 160A-400.9 issued by local preservation commissions for renovations and demolitions of landmarks and in historic districts. Allows a preservation commission and an applicant for a certificate of appropriateness to consent to a period of time, other than the amendment's 90 days, before which the commission must issue a certificate if it has not acted upon a completed application. Deletes proposed (e1) concerning the use of binding arbitration instead of appealing to superior court.

Allows local historic preservation commissions 90 days (was, 60 days) to prepare renovation reports for owners or potential purchasers under new GS 160A-400.16.

Makes technical changes. 

Changes the long title. 

Intro. by Brody.GS 160A

The Daily Bulletin: 2015-08-19

PUBLIC/SENATE BILLS
S 127 (2015-2016) PERSONAL SERVICES CONTRACTS/PED (NEW). Filed Feb 25 2015, AN ACT TO REQUIRE THAT INFORMATION TECHNOLOGY PERSONAL SERVICES CONTRACTS AND OTHER PERSONAL SERVICES CONTRACTS PURCHASED BY EXECUTIVE BRANCH AGENCIES BE SUBJECT TO THE SAME REQUIREMENTS AND PROCEDURES AS CONTRACTS FOR OTHER SERVICES; TO REQUIRE STATE AGENCIES TO OBTAIN THE SERVICES OF TEMPORARY EMPLOYEES THROUGH THE TEMPORARY SOLUTIONS PROGRAM OPERATED BY THE OFFICE OF STATE HUMAN RESOURCES; AND TO PROVIDE THAT INFORMATION TECHNOLOGY PERSONAL SERVICES CONTRACTS CAN ONLY BE OBTAINED UPON WRITTEN APPROVAL FROM THE OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE OFFICE OF STATE BUDGET AND MANAGEMENT.

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

Deletes a sentence requiring that certain personal services contracts that can be terminated at any time be reviewed for compliance with the act within 60 days of its effective date. The amendment requires all such contracts entered into on or after (was, after) the effective date of the act be in compliance with the changes of the act. 

Adjusts the new statutory definition of personal services contract to exclude private attorneys, experts used in litigation, and expert witnesses engaged by the Department of Justice, the Governor, state agencies, and state institutions. 

Intro. by Hartsell, Randleman.GS 126, GS 143, GS 147
S 304 (2015-2016) ADMINISTRATION OF LOGO SIGN PROGRAM. Filed Mar 17 2015, AN ACT TO CLARIFY THAT LOGO SIGNS MAY BE PLACED ON THE RIGHT-OF-WAY OF FULLY AND PARTIALLY CONTROLLED-ACCESS HIGHWAYS AND TO PROVIDE THAT THE TRANSPORTATION MOBILITY AND SAFETY DIVISION OF THE DEPARTMENT OF TRANSPORTATION SHALL ADMINISTER THE LOGO SIGN PROGRAM.

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

Amends the effective date to make the act in its entirety effective when it becomes law (previously, provided that Section 1, amending GS 136-89.56, of the act was effective on July 1, 2015). 

Intro. by B. Jackson.GS 136
S 661 (2015-2016) PRIVATE LABS MUST COMPLY WITH CODIS. Filed Mar 26 2015, AN ACT TO REQUIRE THAT WHEN LOCAL LAW ENFORCEMENT AGENCIES OBTAIN DNA ANALYSES FROM ENTITIES OTHER THAN THE STATE CRIME LABORATORY THAT THOSE ENTITIES MEET THE STANDARDS APPLICABLE TO VENDOR LABORATORIES AS SET FORTH IN FEDERAL BUREAU OF INVESTIGATION STANDARDS FOR QUALITY ASSURANCE; TO REQUIRE THE STATE CRIME LABORATORY TO MAKE AVAILABLE A LIST OF ENTITIES THAT SATISFY THAT REQUIREMENT; AND TO PROHIBIT LOCAL LAW ENFORCEMENT AGENCIES FROM USING CERTAIN DNA DATABASES.

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

Amends proposed language for GS 15A-270.2 concerning obtaining DNA analyses from entities other than the State Crime Lab, providing that private laboratories must be audited against FBI quality assurance standards (previously, required private laboratories to comply with the Combined DNA Index System (CODIS) requirements). Also amends the section to allow local law enforcement agencies to access or create a DNA database administered by a private laboratory if the laboratory maintains an agreement with the State Crime Lab to provide profiles eligible for entry into the CODIS system (previously, prohibited all local law enforcement agencies from accessing or creating any DNA database except those that participate in the CODIS system).

Makes conforming changes to the section's catchline and the bill's long title.

Intro. by Newton.GS 15A
S 665 (2015-2016) UNCLAIMED LIFE INSURANCE BENEFITS. Filed Mar 26 2015, AN ACT TO ENACT THE NORTH CAROLINA UNCLAIMED LIFE INSURANCE BENEFITS ACT.

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

Expands proposed GS 58-58-370, dealing with preemption of other laws, to clarify that the new legislation does not preempt the authority of the Department of State Treasurer to examine records and conduct an audit.

Makes changes to proposed GS 58-58-380 to (1) include new definitions of active premium payment and retained asset account, (2) adjust the definition of annuity and asymmetric conduct, (3) refine the definition of beneficiary to cases in which benefits are payable due to a death, and (4) remove a reference to industrial life insurance from the definition of policy.

Adjusts the processes by which certain insurers may become exempt from the new requirement to perform a search of the United States Social Security Administration's death master file for policies, annuities or retained asset accounts, issued before October 1, 2015, by (1) requiring a sworn affidavit and (2) removing the authority of the North Carolina Commissioner of Insurance to exempt insurers. 

Removes interest payments on death benefits under GS 58-58-110 from a requirement that certain benefits be paid to beneficiaries or account owners before escheating to the State as unclaimed property. 

Makes technical changes. 

Changes the effective date of new Part 7 from July 1 to October 1, 2015.

Intro. by Apodaca.GS 58
S 671 (2015-2016) DL RESTORATION/DWI TREATMENT COURT. Filed Mar 26 2015, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO CONDITIONALLY RESTORE THE DRIVERS LICENSE OF PERSONS WHO HAVE SUCCESSFULLY COMPLETED A DRUG TREATMENT OR DWI TREATMENT COURT PROGRAM.

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

Amends proposed GS 20-19 concerning requirements for the ignition interlock system as part of the conditional restoration of a person's drivers license revoked pursuant to an impaired driving offense, now requiring that it be set to prohibit driving for an alcohol concentration of greater than 0.00 (previously, required the system to be set to not allow driving for any concentration greater than 0.02).

Intro. by Apodaca, Van Duyn, J. Davis.GS 20

The Daily Bulletin: 2015-08-19

The Daily Bulletin: 2015-08-19

ACTIONS ON BILLS

Actions on Bills: 2015-08-19

PUBLIC BILLS

H 38: JUDICIAL EFFICIENCY/EFFECT. ADMIN. OF JUSTICE.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 117: NC COMPETES ACT.

    House: Added to Calendar
    House: Failed Concur In S Com Sub

H 268: AMEND TRANSPORTATION LAWS.-AB

    Ratified

H 372: MEDICAID TRANSFORMATION AND REORGANIZATION

    House: Failed Concur In S Com Sub
    House: Conf Com Appointed
    Senate: Conf Com Appointed
    House: Failed Concur In S Com Sub
    House: Conf Com Appointed
    Senate: Conf Com Appointed

H 430: COUNTY OMNIBUS LEGISLATION.

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 799: ZONING/CHANGES TO HIST. PRESERV. PROCEDURES.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Withdrawn From Cal
    House: Re-ref Com On Finance

S 15: UNEMPLOYMENT INSURANCE LAW CHANGES (NEW)

    House: Withdrawn From Cal
    House: Placed On Cal For 08/20/2015

S 52: CITIES/MEANS FOR ACTIVATING PARKING METERS.

    Ratified

S 127: PERSONAL SERVICES CONTRACTS/PED (NEW).

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

S 185: CLARIFY CREDIT FOR TIME SERVED.

    Ratified

S 304: ADMINISTRATION OF LOGO SIGN PROGRAM.

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

S 332: REGISTER OF DEEDS-POA INDEXING FEES.

    Ratified

S 379: CEMETERIES LOCATED ON STATE PROPERTY.

    House: Withdrawn From Cal
    House: Cal Pursuant Rule 36(b)

S 446: DEALER LOANERS/UNMANNED AIRCRAFT/BRUNSWICK CO. (NEW)

    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled

S 477: TRANSFER OF BLADEN CORRECTIONAL FACILITY (NEW).

    Ratified

S 561: FUNDS FOR SPECIAL EDUCATION SCHOLARSHIPS (NEW).

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 661: PRIVATE LABS MUST COMPLY WITH CODIS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 665: UNCLAIMED LIFE INSURANCE BENEFITS.

    House: Reptd Fav Com Substitute
    House: Serial Referral To Insurance Stricken
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/20/2015

S 671: DL RESTORATION/DWI TREATMENT COURT.

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

S 675: LIMIT PAROLE REVIEW FREQUENCY.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Placed On Cal For 08/20/2015

S 720: HONOR WORLD WAR II VETERANS.

    Ratified
    Ch. Res 2015-13

Actions on Bills: 2015-08-19

LOCAL BILLS

S 101: OMNIBUS LOCAL ACT (NEW).

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

S 255: DURHAM VOLUNTARY ANNEXATION PETITIONS.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

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