Senate amendment makes the following changes to the 5th edition.
Amends proposed subsection (f1) of GS 58-51-95, concerning approval by the Commissioner of Insurance (Commissioner) of forms, classification, and rates, by increasing the maximum rate increase that may be implemented in any calendar year for any policyholder for long-term care policy forms to 25% (was, 15%) of the current policy premium rate in effect prior to the increase.
Amends GS 58-87-5(a), which creates the Volunteer Rescue/EMS Fund, to add EMS units that are volunteer fire departments that are a part of a county's EMS system plan to the units and services that may receive grants from the Fund.
Amends proposed subsection (b1) of GS 58-2-164, concerning rate evasion fraud, to make it a Class H felony for any applicant, as the term is defined in subsection (a) as amended by the act (previously, any person) who, with the intent to deceive the insurer, knowingly violates GS 58-2-164(b) for the purpose of obtaining auto insurance covering one or more vehicles, the operation of which requires a Commercial Driver's License pursuant to GS 20-4.01(3c).
Changes the proposed revision to GS 58-56A-10, concerning civil penalties for violations of Article 56A of GS Chapter 58 (Pharmacy Benefits Management) and administrative procedure that is effective July 1, 2016, to allow, upon petition of the Commissioner, a court to order the pharmacy benefits manager who committed a violation specified in subsection (b) of the statute to make restitution for expenses (previously, for administrative expenses, including expenses) under subsection (f) of the statute, incurred in the investigation, hearing, and any appeals associated with the violation in the amount that would reimburse the agency for the expenses.
Amends the following effective date provisions.
Clarifies that Section 1.3(a) becomes effective October 1, 2017, and applies to policies issued, renewed, or amended on or after that date, and that Sections 1.3(b) and 1.3(c) become effective October 1, 2017, and apply to filings submitted on or after that date (previously, Section 1.3 becomes effective October 1, 2017, and applies to policies issued, renewed, or amended on or after that date and applies to filings submitted on or after that date).
Deletes the provision making Part III of the act effective December 1, 2016, and instead provides that Sections 3.1, 3.2, and 6.4 become effective December 1, 2016.
The Daily Bulletin: 2016-06-22
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The Daily Bulletin: 2016-06-22
Senate amendment makes the following changes to the 2nd edition.
Amends GS 65-69 concerning cemeteries licensed by the Cemetery Commission or initially incorporated between July 2, 1967, and September 1, 1975, providing that a notice of transaction is required to be given 10 days before the transaction to the Cemetery Commission before a cemetery can sell, mortgage, lease, or encumber the required minimum 30 acres, when specified criteria are met (in the previous edition, no prior approval or notice to the Cemetery Commission was needed for selling, mortgaging, leasing, or encumbering the 30 acres).
| Intro. by Saine, Hager. | GS 65 |
House committee substitute makes the following changes to the 2nd edition.
Amends proposed GS 132-1.4A, Law enforcement agency recordings, changing introductory language to subsection (d) to Disclosure; Factors for Consideration instead of Disclosure; Denial of Disclosure. Makes technical and clarifying changes to soften the language of the subsection and focus more on the factors for consideration for disclosing a recording instead of the denial of disclosure.
The Daily Bulletin: 2016-06-22
House committee substitute makes the following changes to the 2nd edition.
Deletes all previous provisions and replaces with the following.
Changes the long title to AN ACT TO REQUIRE THE SECRETARY OF REVENUE TO COMPILE INFORMATION ABOUT THE NUMBER OF VETERANS FILING TAX RETURNS IN NORTH CAROLINA ANNUALLY AND PROVIDE THIS INFORMATION TO THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS.
Changes the short title.
Includes several whereas clauses.
Enacts GS 105-254.1, Identification of veterans on income tax form D-400. Requires the Secretary of Revenue (Secretary) to provide appropriate space and instruction on the individual tax form D-400 for an individual to voluntarily indicate whether the filing individual is a veteran, and on a joint return, whether the individual's spouse is a veteran. Defines veteran to mean a person as defined in GS 143B-1281.
Requires the Secretary to use the information reported pursuant to the statute to compile summary information on an aggregate basis about the number of veterans filing tax returns in the State. Requires the Secretary to annually provide the information to the Department of Military and Veterans Affairs by January 15. Provides that information specific to individual employers or employees are to remain confidential pursuant to GS 105-259.
Directs the Department of Revenue to update individual income tax form D-400 to comply with the statute for taxable years beginning on or after January 1, 2017. Allows the Department to include in the instructions for the form D-400 an explanation that veteran status is being requested to assist the State in documenting the impact of the State's military population, and that the information specific to individual filers will remain confidential pursuant to GS 105-259.
| Intro. by Brown, Meredith. | GS 105 |
House committee substitute makes the following changes to the 2nd edition.
Changes the short title.
Recodifies GS 57D-2-30(b)(1) as GS 57D-2-30(b)(1)a. Recodifies GS 57D-2-30(b)(2) as GS 57D-2-30(b)(1)b. Recodifies GS 57D-2-30(b)(7) (which had been deleted in the previous edition) as GS 57D-2-30(b)(1)c. Makes conforming changes.
Makes technical changes to the proposed revision of GS 57D-2-30(b)(7), recodified by the act as GS 57D-2-30(b)(1)c.
Provides that Section 1 and 2 (was, Section 1) apply to operating agreements entered into on or after the effective date of the act.
Amends GS 57D-9-20, concerning conversion, by moving the existing language to new subsection (a). Adds new subsection (b) to permit the conversion of a charitable or religious corporation to an LLC if the sole member of the surviving entity is a charitable or religious corporation. Defines charitable corporation as defined in GS 55A-1-40(4) (the North Carolina Nonprofit Corporation Act).
Changes the effective date of the act to October 1, 2016 (was, October 1, 2015).
House committee substitute makes the following changes to the 4th edition.
Amends the act's short and long titles.
Deletes all of the provisions of the previous edition and replaces them with the following.
Amends GS 15A-173.2 concerning certificates of relief, providing that a person convicted of criminal offenses no higher than a Class G felony can petition the court where they were convicted of the most serious offense for a certificate of relief, in order to relieve collateral consequences as provided in GS Chapter 15A, Article 6 (previously, a person seeking a certificate of relief in the court where convicted could not have been convicted of more than two Class G, H, or I felonies or misdemeanors in one session of court, with no other felony convictions or misdemeanors other than traffic violations). However, further provides that if the person has more than one conviction in the same class of offense as the most serious offense and the convictions are in multiple courts, then the person must petition the court of the most recent conviction. Amends subsection (b) concerning requirements to qualify for a certificate of relief, providing that a person must establish by a preponderance of the evidence that he or she has been convicted of five or fewer eligible offenses and that at least 12 months have passed since the completion of the sentence. However, if the person has been convicted of more than five eligible offenses, then 36 months must have passed since the person has completed the sentence (previously, only allowed the person to be convicted of no more than two Class G, H, or I felonies or misdemeanors in one court session, with a requirement that 12 months pass after sentence is completed). Enacts a new subsection (h) requiring those that file for a certificate of relief to pay a $50 fee to the clerk of superior court when the petition is filed. Provides this fee is deposited into the General Fund and is waived for petitions filed by indigents.
Enacts new GS 15A-146(a2) concerning subsequent expunctions of findings of not guilty or not responsible, allowing a person who has been granted an expunction previously pursuant to this statute, but is subsequently charged with a misdemeanor or felony, or an infraction under GS 18B-302(i) (Purchase, Possession, or Consumption of Alcohol by 19 or 20-Year Old) prior to December 1, 1999, and there was a finding of not guilty or not responsible, to apply to have the subsequent finding expunged. Requires the court to hold a hearing to determine that (1) a previous expunction was not received pursuant to GS 15A-145, GS 15A-145.1, GS 15A-145.2, GS 15A-145.3, GS 15A-145.4, or GS 15A-145.5, all sections providing for different types of expunctions and (2) the person has not previously been convicted of any felony under the laws of the United States, North Carolina, or any other state. If such is determined, then the court must expunge the finding of not guilty or not responsible.
Effective October 1, 2016, applying to petitions for expunction and certificates of relief filed on or after that date.
| Intro. by Bryant, McKissick, Daniel. | GS 15A |
House committee substitute makes the following changes to the 2nd edition.
Amends GS 143B-1350(h1) concerning limitations of liability for IT procurement contracts, providing that when specified circumstances apply, the amount of liability for damages and any other losses relating to the loss of, unauthorized access to, or unauthorized disclosure of data can be raised no more than three times the value of the contract (previously, could not be raised more than five times the value of the contract). Makes clarifying changes to provisions that the limitation on liability for the contractor does not apply to intentional or willful misconduct, damage to personal property, or injuries to individuals. Also adds new language that the limitation on liability also does not apply to notification costs resulting from compliance with GS 132-1.10(c1), concerning disclosures of social security numbers and other personal information as specified.
Amends the effective date providing that when the bill becomes law, it also applies to contracts entered into, extended via the exercise of options, or otherwise, renewed, or amended on or after that date.
| Intro. by Tarte, Hise. | GS 143B |
The Daily Bulletin: 2016-06-22
Senate committee substitute makes the following changes to the 2nd edition.
Deletes the provisions that established a season for trapping foxes in Perquimans County.
| Intro. by Steinburg. | Northampton |
AN ACT PROVIDING THAT HENDERSON COUNTY IS AUTHORIZED TO CONSTRUCT COMMUNITY COLLEGE BUILDINGS ON THE CAMPUS OF BLUE RIDGE COMMUNITY COLLEGE. Enacted June 22, 2016. Effective June 22, 2016.
| Intro. by McGrady, Whitmire. | Henderson |
The Daily Bulletin: 2016-06-22
House committee substitute makes the following changes to the 1st edition.
Amends the sunset date of the act so that it expires on June 30, 2018 (previously, was due to expire on June 30, 2019).
| Intro. by J. Davis. | Clay |
House committee substitute makes the following changes to the 2nd edition.
Adds new Section 2.5 to the bill to provide that if House Bill 550 (Raleigh Apodaca Service Dog Retirement Act, a statewide service animal retirement bill which encompasses all the provisions of this bill) becomes law, then Section 2 of this bill which enacts GS 160A-279.5, disposition of animals for Duplin and Sampson counties, will be repealed.
House committee substitute makes the following changes to the 2nd edition.
Adds new Section 1.5 to the bill to provide that if House Bill 550 (Raleigh Apodaca Service Dog Retirement Act, a statewide service animal retirement bill which encompasses all the provisions of this bill) becomes law, then this act, which enacts GS 160A-279.5, disposition of animals for specified towns and Yancy County, will be repealed.
House 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 them with the following.
Amends Section 1 of SL 1973-78, as amended, adding language to exclude shooting ranges managed by the Wildlife Resource Commission (WRC) or those individuals properly permitted on lands owned or managed by the WRC from certain regulations in Northampton County that provide for the prohibition on discharging rifles with a calibre larger than .22 for any purpose without the specified required written permission from the landowner or lessee, as well as the requirement that such rifles must be positioned at least eight feet off the ground in order for the discharging to be legal.
| Intro. by Smith. | Northampton |
Amends the Charter of the City of Asheville, Section 6, Chapter 121, Private Laws of 1931 (as amended by city ordinances) as follows.
Moves existing language into new subsections (a), (b), (d), and (e).
Provides that all city councilmembers are to be nominated and elected in the manner provided in the Charter (previously, all nominated and elected from the city at large in the manner provided in the Charter). Changes the years that staggered terms for councilmembers, as specified, are to begin. Provides that, commencing with the 2021 election (previously, the 1999 election), all terms of office for council members are to be four-year terms.
Adds new subsection (c) to require councilmembers to reside in and be elected from six separate districts delineated in Section 6, as amended. Provides that if Section 6 does not specifically assign any area within the City to a district and the area is entirely surrounded by a single district, then the area will be deemed to have been assigned to that district. Provides that if Section 6 does not specifically assign any area within the City to a district and the area is contiguous to one or more districts, then the area will be deemed to have been assigned to the district that contains the least population according to the most recent federal decennial Census. Provides that if Section 6 specifically assigns to a district any area that is not in the corporate limits of the City, that area is not added to the corporate limits and no voter that resides in that area may vote in the City election. Delineates the six districts.
Amends existing language concerning the mayor, moved to new subsection (d) by the act, to provide that the mayor of the City is to be nominated and elected from the city at large.
Directs that all members of the city council of Asheville elected in 2017 are to serve a two-year term.
Sets out that, notwithstanding Part 4 of Article 5 of GS Chapter 160A (modification of form of government in cities and towns) and GS 160A-23 (district map and reapportionment of corporate limits of cities and towns), the structure of the City of Asheville is not to be altered under Part 4 prior to the return of the 2020 Census.
Repeals SL 1969-165, which reduced the term of office of the Asheville City Council to two years.
Effective January 1, 2017, and applies to elections conducted on or after that date.
| Intro. by Apodaca. | Buncombe |
Actions on Bills: 2016-06-22
H 19: MODIFY DEFINITION OF FIREFIGHTER. (NEW)
H 151: VACATION RENTALS/ORANGE CO. JAIL CONSTRUCTION. (NEW)
H 256: HANDICAPPED PARKING/VETERANS PLATE.
H 283: PREVENT SQUATTING IN FORECLOSED REAL PROPERTY (NEW).
H 287: AMEND INSURANCE LAWS.-AB
H 289: NC MONEY TRANSMITTERS ACT.-AB
H 292: BEACH BINGO LICENSES.-AB
H 464: REGIONAL TRANSPORTATION AUTHORITY REVISIONS.
H 550: RALEIGH APODACA SERVICE DOG RETIREMENT ACT (NEW).
H 567: NC CEMETERY ACT CHANGES. (NEW)
H 593: AMEND ENVIRONMENTAL & OTHER LAWS (NEW).
H 657: MATH STANDARD COURSE OF STUDY REVISIONS (New)
H 667: FACILITY PENALTY & REMEDY/ELECTRON. SUPERVISE(NEW).
H 763: MILITARY OPERATIONS PROTECTION ACT OF 2016 (New).
H 959: DOT PROPOSED LEGISLATIVE CHANGES.
H 960: RETIREMENT CREDITABLE SERVICE CHARTER SCHOOLS.
H 970: STATE CONTROLLER/CRIMINAL RECORD CHECKS.
H 971: MOTOR FLEET CLARIFICATION.
H 972: LAW ENFORCEMENT RECORDINGS/NO PUBLIC RECORD (New)
H 984: TRANSFER OF DAVIE COUNTY CORRECTIONAL CENTER.
H 992: AMEND INDUSTRIAL HEMP PROGRAM.
H 1011: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2016.-AB
H 1014: NC Pre-K Conforming Change/Taylor's Law.
H 1021: AMEND SEX OFFENDER CERTAIN PREMISES (NEW).
H 1035: LGC/TRAINING FOR LOCAL GOV'T FINANCE OFFICERS.
H 1088: ALLOW ELECTION DAY SERVICE - RETIRED LEOS.
H 1135: RETIREMENT CREDITS FOR PEACE CORPS SERVICE.
H 1137: TREASURER'S 2016 INVESTMENT ADMIN. CHANGES.-AB
H 1145: DISAPPROVE DENTAL EXAMINERS RULE.
H 1149: CONFIRM FRED STEEN/BOARD OF REVIEW.
S 19: UNIFORM RECORDING FEES - REGISTER OF DEEDS (NEW).
S 105: REPORT NO. VETERANS FILING TAX RETURNS. (NEW)
S 330: CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS.
S 482: LLC CLARIFICATIONS & EMP INVENTION OWNERSHIP. (NEW)
S 536: STUDENTS KNOW BEFORE YOU GO AND CENTRAL RESID. (NEW)
S 570: EXPAND CERTIFICATE OF RELIEF & EXPUNCTION. (NEW)
S 575: NC/SC ORIGINAL BORDER CONFIRMATION.
S 600: APPRAISER COMPENSATION/JUDGE PERFORM MARRIAGE (NEW).
S 673: NATURAL GAS ECON. DEV. INFRASTRUCTURE (NEW).
S 747: STATE-OWNED REAL PROPERTY MANAGEMENT/PED.
S 748: CHANGE REPORT - BUILD. & INFRASTRUCTURE COMM.
S 770: NC FARM ACT OF 2016 (NEW)
S 792: STATE IT CONTRACTS/CONTRACTOR LIABILITY.
S 803: REV. LAWS TECH. CHG./NO PERMIT FOR FIBER (NEW)
S 805: FIDUCIARY ACCESS TO DIGITAL ASSETS.
S 807: CONFORM FULL-PAYMENT CHECK LAW TO UCC.
S 872: UNC SELF-LIQUIDATING PROJECTS.
S 894: HONOR JOHN JORDAN, JR., FORMER MEMBER.
Actions on Bills: 2016-06-22
H 345: NORTHAMPTON SHOOTING RANGES (NEW).
H 956: HENDERSON COUNTY/COMMUNITY COLLEGE PROJECTS.
H 989: RED CROSS CHARTER AMENDMENTS.
H 1045: NEW BERN CHARTER/REVISED & CONSOLIDATED.
S 215: ABOLISH BRUNSWICK COUNTY CORONER.
S 255: DURHAM VOLUNTARY ANNEXATION PETITIONS.
S 787: STOKES COUNTY/LOCAL ACTS - BY REQUEST.
S 795: CLAY COUNTY COURTHOUSE.
S 831: DUPLIN/SAMPSON/DETENTION CONTRACTS ANIMALS (NEW).
S 849: WAKE CTY TOWNS DONATE RETIRED SERVICE ANIMALS.
S 880: ABOLISH CASWELL COUNTY CORONER.
S 883: NORTHAMPTON COUNTY/WRC SHOOTING RANGES (NEW).
S 897: ASHEVILLE CITY COUNCIL DISTRICTS.
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