Senate committee substitute makes the following changes to the 2nd edition.
Amends the act's short and long titles.
Deletes all of the provisions of the previous edition and replaces it with the following.
Amends GS 42A-4, the definitions section for the Vacation Rental Act, adding and defining advanced payments and landlord. Makes conforming changes, including changes to GS 93A-2.
Amends GS 42A-19(b) concerning the transfer of property subject to a vacation rental agreement, providing that a real estate broker, if holding advanced rents at the time of the termination of the landlord's interest, can deduct earned management fees from the advanced rents transferred to the landlord's successor in interest. If such a deduction is made, the landlord is responsible to the successor in interest for the amount deducted.
Amends GS 42A-31, Landlord to provide fit premises, adding clarifying language to the requirement to comply with the building and housing code, providing that no new requirement is imposed if a structure is exempt from a current building or housing code. Adds a requirement that landlords of a residential vacation rental must provide a minimum of one operable carbon monoxide alarm per rental unit per level, approved and certified as specified. Includes several other provisions concerning the installation and maintenance of the carbon monoxide alarms. Provides that the carbon monoxide requirement only applies to units having a fossil fuel burning heater, appliance, or fireplace or any attached garage. Provides that operable detectors installed before January 1, 2015, are deemed to be in compliance with this requirement.
Enacts GS 42A-33, Responsibilities and liability of real estate brokers, establishing five responsibilities that a real estate broker has when managing a vacation rental property on behalf of a landlord, including managing the property in accordance with the written agency agreement and verifying that the landlord has installed operable smoke detectors and carbon monoxide alarms. Exempts such real estate brokers from liability as a party in any civil action between the landlord and tenant if the broker fails to identify the landlord of the property in the vacation rental agreement.
Enacts GS 42A-37, Early termination of vacation rental agreement by military personnel, allowing members of the Armed Forces who have executed a vacation rental agreement to cancel the agreement if they receive (1) an order for deployment with a military unit overlapping the rental period or (2) permanent change of station orders to relocate before the beginning of the rental period by providing a written notice of termination within ten calendar days of receiving the orders. Requires copies of the orders or written verification by a commanding officer for cancellation. Includes various other provisions regarding the permitted cancellation, including that this termination right extends to a military member's spouse.
Amends GS 42-36.2(a) concerning execution of writs for possession of property, making a clarifying change.
Enacts subsection GS 42-44(c1) making conforming changes to remedies, penalties, and limitations, exempting real estate brokers from liability as a party in any civil action between the landlord and tenant if the broker fails to identify the landlord of the property in the vacation rental agreement.
Amends GS 42-46(f) concerning court-appearance fees, clarifying that if a tenant appeals the judgment of the magistrate as provided for in this subsection, then any fee awarded by a magistrate to the landlord under this subsection will be vacated. Makes clarifying changes to the catchline of this section.
The above provisions are effective July 1, 2016.
Directs the Department of Administration, upon agreement by Orange County (County), to amend its land lease to the County in the following ways to provide for the construction of a new jail: (1) to allow the County to grant a leasehold deed of trust in the land and buildings for up to 40 years, (2) to allow mortgage holders to foreclose and evict the County from premises upon default, and (3) to extend the dates for beginning and ending construction and the dates for completion of construction and occupation by 18 months. Provides that these leasehold amendments would not be required to be submitted to the Governor or Council of State for approval. Provides that once the amendments are made, any term or provision to the contrary is deemed to be of no effect. Requires lease amendments to be in a form as such that the Secretary of Administration may approve.
The Daily Bulletin: 2016-05-31
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The Daily Bulletin: 2016-05-31
House committee substitute makes the following changes to the 1st edition.
Section 3
Amends the definition of normal retirement age in GS 135-1(14a), as it applies to the Retirement System for Teachers and State Employees, to mean, for persons who became members on or after January 1, 2017: (a) for members who are not law enforcement officers or eligible former law enforcement officers, (1) 50 years of age or older (previously, 55 years of age or older) with 30 years of creditable service, (2) 60 years of age or older with 25 years of creditable service, or (3) 65 years of age or older with five years of membership service and (b) for members who are law enforcement officers or eligible former law enforcement officers, 50 years of age or older with 30 years of creditable service or 55 years of age or older with five years of membership service and five years of creditable service as a law enforcement officer that may or may not be concurrent to the five years of membership service (previously, did not require 55 years of age or older to have five years of creditable service as a law enforcement officer that may or may not be concurrent to the five years of membership service).
Amends GS 135-5(a), subdivision (4b), to provide that any member who is a law enforcement officer and who attains age 50 and completes 30 or more years of creditable service in that capacity or who attains age 55 and completes five or more years of membership service in that capacity (previously, was a law enforcement officer who has attained normal retirement age) may retire as specified. Establishes that a law enforcement officer may retire upon electronic submission or written application to the Board of Trustees of the Retirement System for Teachers and State Employees, provided that the member at the time specified for the member's retirement in the electronic submission or written application will have attained normal retirement age. Makes technical changes.
Amends GS 135-5(b21)(1)a by providing that, if the member is a law enforcement officer or an eligible former law enforcement officer, and the member's service retirement date occurs on or after the member's 55th birthday and completion of five years membership service as a law enforcement officer, or after the completion of 30 years creditable service (previously, if the member has attained normal retirement age), the service retirement allowance is 1.82% of the member's average final compensation multiplied by years of creditable service. Amends GS 135-5(b21)(1)b to provide that, if the member's service retirement date occurs on or after the member's 50th birthday, and before the member's 55th birthday, with 15 or more years of creditable service as a law enforcement officer and prior to the normal retirement age (previously, and prior to completion of 30 years of creditable service), the member's retirement allowance is equal to the greater of the amount of subsubsubdivisions 1 and 2. Changes the computation of subsubsubdivision 2 to now provide the service retirement allowance as computed under GS 135-5(21)(1)a, reduced by the sum of 5/12 of 1% thereof for each month by which the member's retirement date precedes the first day of the month coincident with or next following the month the member would have attained normal retirement age had the member continued working (previously, provided the allowance as computed under GS 135-5(21)(1)a reduced by 5% multiplied by the difference between 30 years and the member's creditable service at retirement).
Amends GS 135-5(b21)(2), providing that a member who is not a law enforcement officer or an eligible former law enforcement officer will receive a service retirement allowance computed as specified in subsubdivisions (a) through (c), by making the following changes. Amends subsubdivision (a) to provide that, if a member's service retirement date occurs on or after the member's 65th birthday upon completion of five years of membership service, or on or after the member's 60th birthday upon completion of 25 years of creditable service, or on or after the member's 50th birthday upon completion of 30 years of creditable service (previously, if the member has attained normal retirement age), the allowance is 1.82% of the member's average final compensation multiplied by years of creditable service. Amends subsubdivision (c) to provide that, if the member's early service retirement date occurs on or after the member's 50th birthday and before the member's 60th birthday and after completion of 20 years creditable service but prior to the normal retirement age (previously, but prior to the completion of 30 years of creditable service), the early service retirement allowance is to be equal to the greater of the amounts specified in subsubsubdivisions 1 and 2. Changes the computation of subsubsubdivision 2 to now provide the service retirement allowance as computed under GS 135-5(21)(2)a reduced by the sum of 5/12 of 1% thereof for each month by which the member's retirement date precedes the first day of the month coincident with or next following the month the member would have attained normal retirement age had the member continued working (previously, provided the allowance as computed under GS 135-5(b21)(2)a reduced by 5% multiplied by the difference between 30 years and the member's creditable service at retirement).
Amends GS 128-21(14a) to make the identical change to subdivision (a) of the definition of normal retirement age, as it applies to the Retirement System for Counties, Cities and Towns as the change made by the act to GS 135-1(14a), subdivision (a), as the term applies to the Retirement System for Teachers and State Employees.
Amends GS 128-27(a)(6) to make identical changes to the statute concerning service retirement benefits in the Retirement System for Counties, Cities and Towns as those made to GS 135-5(a)(4b) for the Retirement System for Teachers and State Employees.
Amends GS 128-27(b22), subdivisions (1) and (2), to make identical changes to the statute concerning service retirement allowance for members of the Retirement System for Counties, Cities and Towns who became members on or after January 1, 2017, as those made by this act to GS 135-5(b21), subdivisions (1) and (2), for the service retirement allowance for members of the Retirement System for Teachers and State Employees.
Amends GS 135-53(12a), to change the definition of normal retirement age as it applies to the Consolidated Judicial Retirement Act, to mean, only for persons who became members on or after January 1, 2017, 50 years of age or older (previously, 55 years of age or older) with 30 years of creditable service or 65 years of age or older with five years of membership service.
Makes technical change to GS 135-58(b1).
Requires the Joint Legislative Program Oversight Committee to include in the 2016 Work Plan for the Program Evaluation Division of the General Assembly an examination of other states that have implemented a normal retirement age for a pension system that was already in place and to compare various elements of the total compensation and benefit package for the employees covered by each state's pension system to the employees covered by the pension systems amended by Section 3 of the act. Sets out six items to be included in the examination of other states' systems. Requires the Program Evaluation Division to submit its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division on a date as determined by the Joint Legislative Program Evaluation Oversight Committee. Provides that this new subsection (n) of Section 3 of the act is effective when it becomes law.
Section 10
Amends GS 135-7(g), concerning the Legislative Enactment Implementation Arrangement (LEIA) under the Retirement System for Teachers and State Employees, by enacting a new subdivision (5), which requires the Department of the State Treasurer to annually report to the Board of Trustees, the Joint Legislative Commission on Government Operations, and the Fiscal Research Division on or before August 1 on the amounts and sources of funds collected by year pursuant to the statute and the amounts expended, the projected for which those funds were expended, and the current status of the projects. Also requires the Board of Trustees to post the report on its public website.
Amends GS 128-29(g), concerning the LEIA under the Retirement System for Counties, Cities and Towns, by enacting a new subdivision (5) that requires the same reporting as that required under new GS 135-7(g)(5) as enacted by this act under the Retirement System for Teachers and State Employees.
Section 13
Amends GS 127A-40(h1) to provide that any member of the North Carolina National Guard who is qualified for benefits under the statute and who is a member of a domiciled employees' or retirees' association that has at least 10,000 members (previously, that has at least 2,000 members), the majority of whom are active or retired employees of the State or public school employees, may authorize, in writing, the periodic deduction from the member's retirement benefits a designated lump sum to be paid to the employees' or retirees' association. Establishes new requirement that proof of the authorization must be available upon request to the Department of the State Treasurer.
Eliminates the previous language repealing GS 135-18.8(a), GS 135-75(a), GS 128-38.3(a), GS 128-38.3(c), and GS 120-4.32(a).
Section 14
Deletes the previous language of Section 14(a) of the third edition, which amended GS 135-106(b), and its effective date set out previously in Section 14(b). Instead, new Section 14 of the act repeals SL 2015-68, Section 2, which eliminated the power of the Treasurer to destroy or dispose of property having no substantial commercial value and the Treasurer's immunity from liability under the North Carolina Unclaimed Property Act in GS 116B-70(a).
Section 19
Amends GS 135-8 by adding a new subsection (j) to require, upon the receipt of a report from the Retirement System generated pursuant to GS 135-8(f)(2)(f) containing a list of employees for whom the employer made a contribution to the North Carolina Teachers' and State Employees' Retirement System that is likely to require an additional employer contribution should the employee elect to retire in the following 12 months, the employer's chief financial officer to transmit a copy of the report to the chief executive of the employer, as well as to the governing body of the employer, including any board which exercises financial oversight of the employer, if applicable.
Amends GS 128-30 by adding a new subsection (j) to require, upon receipt of a report from the Retirement System generated pursuant to GS 135-8(f)(2)(f) containing a list of employees for whom the employer made a contribution to the North Carolina Local Governmental Employees' Retirement System that is likely to require an additional employer contribution should the employee elect to retire in the following 12 months, the employer's chief financial officer to transmit a copy of the report to the governing body of the employer, if applicable.
Section 21
Amends GS 135-109, concerning reports of earning under the Disability Income Plan of North Carolina, to establish that the Department of State Treasurer and Board of Trustees may require (previously, must require) each beneficiary to annually provide a statement of the beneficiary's income received as compensation for services, as described in the existing language. Establishes that the benefit payable to a beneficiary who does not or refused to provide the information requested within 120 days (previously, within 60 days) after the request may be suspended (previously, must not be paid a benefit) until the information so requested is provided, and should such refusal or failure to provide such information continue for 180 days (previously, 240 days) after such request, the right of a beneficiary to a benefit under Article 6 of GS Chapter 135 (Disability Income Plan of North Carolina) may be terminated.
House committee substitute makes the following changes to the 1st edition.
Amends GS 147-69.2A, concerning the Special Fund created within the Escheats Fund, to correct a statutory reference replacing GS 147-69.2(12)(c) with GS 147-69.2(b)(12)(c).
Makes clarifying changes to Section 4.4, providing that Sections 4.1, 4.2, 4.3, and 4.4 all become effective July 1, 2016, applying to all reporting (previously, stated that Section 4 became effective July 1, 2016, applying to all reporting) periods beginning on or after that date.
| Intro. by Ross, Lambeth, Adcock, Hamilton. | GS 147 |
The Daily Bulletin: 2016-05-31
Conference report makes the following changes to the 3rd edition.
Makes changes to the two categories of households for which the owner of a coal combustion residuals surface impoundment is required to establish permanent replacement water supplies under GS 130A-309.211(c1), as follows.
First, supplies must be established for each household that has a drinking water supply well located within a one-half mile radius from the established compliance boundary of a coal combustion residuals impoundment and is not separated from the impoundment by the mainstem of a river, as that term is defined in GS 143-215.22G, or other body of water that would prevent the migration of contaminants through groundwater from the impoundment to a well (previously, the first category included each household with a drinking water supply well for which sampling and water quality analysis indicates that the well exceeds federal drinking water standards or groundwater quality standards for constituents associated with the presence of the impoundment).
Second, supplies must be established, as existing language provides, for each household with a drinking water supply well that is located in an area in which contamination resulting from constituents associated with the presence of a coal combustion residuals impoundment is expected to migrate, as demonstrated by groundwater modeling, and hydrogrologic, geologic, and geotechnical investigations of the site, conducted in accordance with the requirements of GS 130A-309.214(a)(4), which provides the required procedure for the closure of impoundments (previously, was pursuant to subsections (c) and (d) of GS 130A-309.214). Adds the results of other modeling or investigations that are submitted pursuant to GS 130A-309.213(b)(4), which allows for the receipt of written comment on classification declarations by the Department of Environmental Quality, as another source that may demonstrate a household is located in an area in which contamination is expected to migrate for which an owner of an impoundment must establish supplies under the second category of households in subsection (c1).
Also amends GS 130A-309.211(c1) to add to the information an impoundment owner must submit to the State Water Infrastructure Authority (Authority) on proposed permanent replacement water supplies to be provided to each household, by requiring the owner to also provide a binding written agreement with the public water supplier to the Authority if the owner is proposing to connect to a public water supply.
Makes a technical change to GS 130A-309.214(g).
Makes technical changes to Section 2(f) of the act.
| Intro. by Lee. |
The Daily Bulletin: 2016-05-31
The Daily Bulletin: 2016-05-31
Senate committee substitute makes the following changes to the first edition.
Amends the act's short title.
Amends GS 105-537(c), making a technical and clarifying change.
| Intro. by Tillman. | Moore |
Makes the following changes to the Charter of the Town of Marietta (SL 1985-111).
Amends Section 2.3 of Article II by changing the term for service of the Mayor from a two-year term to a four-year term.
Amends Section 3.1 of Article III to establish that, beginning in 2017, regular municipal elections will be held every four years, instead of every two years, and that the Mayor and four members of Council (was, two members of Council) are to be elected at those elections, as specified.
Changes the election of Town Council members in Section 3.2 of Article III as follows. Eliminates existing language of Section 3.1 that established staggered terms of Council members. Instead, establishes that the two Council members whose terms expire in 2017 are to be elected to serve four-year terms at the regular municipal election in 2017, and the two Council members whose terms are to expire in 2019 are to continue to serve until 2021. Establishes that in 2021, and quadrennially (was, biennially) thereafter, four members (was, two members) are to be elected as specified.
Changes the election of the Mayor in Section 3.3 of Article III to provide that, at the regular municipal election in 2017, and quadrennially (was, biennially) thereafter, a Mayor is to be elected to serve a four-year term (was, two-year term), as specified.
| Intro. by Smith. | Robeson |
Actions on Bills: 2016-05-31
H 151: VACATION RENTALS/ORANGE CO. JAIL CONSTRUCTION. (NEW)
H 169: RESTORE STATE CLAIM FOR WRONGFUL DISCHARGE (NEW)
H 242: VARIOUS CHARTER SCHOOL LAW CHANGES (New)
H 357: Chemical Analysis Reports/District Court
H 632: STUDENT ONLINE PROTECTION ACT. (NEW)
H 657: MATH STANDARD COURSE OF STUDY REVISIONS (New)
H 817: ENACT UNIFORM LAW ON ADULT GUARDIANSHIP.
H 959: DOT PROPOSED LEGISLATIVE CHANGES.
H 984: TRANSFER OF DAVIE COUNTY CORRECTIONAL CENTER.
H 1018: CONFIRM COMMISSIONER OF BANKS.
H 1023: MUNICIPAL SERVICE DISTRICTS/STATUTORY CHANGES.
H 1030: 2016 APPROPRIATIONS ACT.
H 1134: ADMIN. CHANGES RETIREMENT SYSTEM/TREASURER.
H 1135: RETIREMENT CREDITS FOR PEACE CORPS SERVICE.
H 1137: TREASURER'S 2016 INVESTMENT ADMIN. CHANGES.-AB
S 71: COMM'N APPOINTMENT MODIFICATIONS (NEW).
S 363: Wage & Hour/Local Gov't Assessments (NEW).
S 726: IRC UPDATE.
S 805: FIDUCIARY ACCESS TO DIGITAL ASSETS.
S 838: MEDICAID TRANSFORMATION MODIFICATIONS.
S 867: PROTECT STUDENTS IN SCHOOLS.
Actions on Bills: 2016-05-31
H 469: SUNSET BEACH/PARKING METER PROCEEDS.
S 727: MOORE COUNTY LOCAL SALES TAX USE RESTRICTION (NEW)
S 733: CERTAIN TOWNS SEWER FEE COLLECTIONS (New)
S 852: TOWN OF BAKERSVILLE/TOWN OF CLYDE/DEANNEX. (NEW)
S 874: SANFORD/HARNETT OT.
S 875: TOWN OF SUNSET BEACH/DEANNEXATION.
S 890: ELECTIONS EVERY FOUR YEARS/TOWN OF MARIETTA.
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