Conference report makes the following changes to the 5th edition.
Deletes the proposed changes to GS 42-36.2(a) concerning a sheriff's execution of a writ for possession of real property.
Amends GS 42-46 to vacate a fee awarded by a magistrate to the landlord when the tenant appeals the judgment of the magistrate and the magistrate's judgment is vacated (was, vacate the fee if the tenant appeals the judgment of the magistrate).
Clarifies that all of Part I of the act is effective July 1, 2016, and that nothing in Part I of the act, containing changes to the Vacation Rental Act, summary ejectment, and residential rental agreements, is applicable to or affecting litigation pending on that date.
The Daily Bulletin: 2016-06-29
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The Daily Bulletin: 2016-06-29
Conference report makes the following changes to the 2nd edition.
Recedes from Senate amendment #1.
Changes the long title.
Changes the effective date of Sections 1 and 2 to October 1, 2016 (previously, October 1, 2015).
Directs the Program Evaluation Division (PED) to conduct a comprehensive study of the procedure set out in Article 31 of GS Chapter 115C for resolving education funding disputes between local boards of education and boards of county commissioners. Specifies information required to be included in the study.
Requires the PED to report its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee no later than May 17, 2017. Mandates all State departments and agencies, local governments, local boards of education, and their subdivisions to provide any necessary information, data, or documents within their possession, ascertainable from their records, or otherwise available to them to the PED to complete the review and study.
Conference report makes the following changes to the 4th edition.
Section 2
Changes the effective date of the section to effective when the act becomes law (previously, July 1, 2016).
Section 2.1
Amends proposed subsection (i) of GS 20-119 (special permits for vehicles of excessive size or weight) to remove multiple pieces of construction equipment transported on the same vehicle from being considered a nondivisible load for purposes of permit issuance pursuant to the statute. Now, provides that only one, two, or three steel coils, transported on the same vehicle, are considered a nondivisible load for purposes of permit issuance pursuant to the statute.
Section 2.3
Extends the sunset provision from December 31, 2016, to July 1, 2017, to SL 2009-235, which enacted GS 136-28.6A to authorize the Department of Transportation (DOT) to partner with private developers on transportation improvement projects and provide funding directly to the private developer.
Section 12.6
Amends GS 58-36-3(a) (effective July 1, 2016) concerning the jurisdiction of the North Carolina Rate Bureau, to establish that the Bureau has no jurisdiction over insurance against theft of or physical damage to mopeds (previously, no jurisdiction over liability insurance and theft or physical damage insurance on mopeds), as defined in GS 20-4.01(27)d1 (previously, as defined in GS 105-164.3). Amends subsection (b) (effective July 1, 2016), providing for motorcycle and moped endorsements, by deleting the provisions specifically providing for mopeds and instead making the provisions relating to motorcycles also apply to mopeds. Now, subsection (b) provides that member companies writing motorcycle or moped liability insurance under Article 36 of GS Chapter 58 (North Carolina Rate Bureau) and writing insurance against theft of or physical damage to motorcycles or mopeds under Article 40 of GS Chapter 58 (Regulation of Insurance Rates) can incorporate motorcycle and or moped theft and physical damage coverage as an endorsement to the liability policy issued under Article 36.
Amends GS 58-37-1(6), which sets out the definition of motor vehicle as it applies to Article 37 of GS Chapter 58 (North Carolina Motor Vehicle Reinsurance Facility), to establish that motor vehicle also means a motorcycle, as defined in GS 20-4.01(27)d, and a moped, as defined in GS 20-4.01(27)d (previously, established that a motor vehicle does not mean a moped, as defined in GS 105-164.3, and that notwithstanding any other provisions of the Article, liability insurance on a moped is not eligible for cession to the Reinsurance Facility).
Amends GS 58-37-35, concerning administration of the Reinsurance Facility, to additionally exclude availability of medical payment coverage, as specified, from mopeds where coverage is excluded for motorcycles in subsection (b).
Amends GS 58-40-10(1), which defines private passenger motor vehicle as it applies to Articles 40 (Regulation of Insurance Rates), 36 (North Carolina Rate Bureau), and 37 (North Carolina Motor Vehicle Reinsurance Facility) of GS Chapter 58. Changes subdivision c, effective July 1, 2016, to provide that private passenger motor vehicle means a motorcycle, motorized scooter, moped, or other similar motorized vehicle not used for commercial purposes (previously provided that a moped, as defined in GS 105-164.3, is not considered a motorcycle, motorized scooter, or other similar motorized vehicle).
Amends GS 58-40-15, which sets out exemptions to Article 40 of GS Chapter 58 (Regulation of Insurance Rates) that are effective July 1, 2016, by deleting the provision of subsection (9) that made the Article applicable to motor vehicle liability insurance, automobile medical payments insurance, uninsured motorists' converge, and theft or physical damage insurance on mopeds, as defined in GS 105-164.3. Amends subsection (10) to provide that the Article applies to insurance against theft of or physical damage to motorcycles, as defined in GS 20-4.01(27)d, and mopeds, as defined in GS 20-4.01(27)d1 (previously, did not include mopeds).
Effective July 1, 2016.
Section 13
Makes technical and conforming change to proposed GS 20-4.01(27)c2 (defining motor-driven bicycle).
Deletes the proposed revisions to GS 58-36-3(a), concerning the jurisdiction of the North Carolina Rate Bureau, that were to become effective December 1, 2016.
Deletes the proposed revisions to GS 58-40-10(1)c, defining private passenger motor vehicle, that were to become effective December 1, 2016.
Amends GS 20-51, which sets out exemptions from the requirement of registration and certificate of title under the Motor Vehicle Act of 1937, to exclude personal assisted mobility devices as defined in GS 20-4.01(7b) (conforming change to technical revisions made by the act to GS 20-4.01; previously, as defined in GS 20-4.01(7a)).
Section 13.1
Deletes the proposed revisions to GS 20-4.01(2), concerning the definition of canceled, as that term applies to driver's licenses and permits.
Deletes the proposed revisions to GS 20-7(e), which provided that applicants that suffer from a mental disability that affects motor vehicle operation can be required to file a certificate of the condition signed by a medical authority designated by the DMV.
Deletes the proposed revisions to GS 20-9(e) concerning the DMV's medical evaluation program, which provided that applicants that suffer from a mental disability that affects motor vehicle operation can be required to file a certificate of the condition signed by a medical authority designated by the DMV. Deletes the proposed revisions to GS 20-9(g), which sets out conditions for the DMV to issue or unrestrict a driver's license to an otherwise eligible applicant suffering from a physical or mental disability or disease that affects his or her ability to exercise reasonable and ordinary control of a motor vehicle.
Deletes the proposed revisions to GS 20-9.1, which specified a new immunity from liability for physicians, psychologists, and other medical providers making recommendations concerning abilities to operate a motor vehicle and provided that other medical providers licensed to practice can issue opinions about a patient's ability to safely operate a motor vehicle.
Deletes the proposed revisions to GS 20-15(a), which enacted two new subdivisions for when the DMV is authorized to cancel a driver's license: (1) when the licensee suffers from a physical or mental disability or disease that affects ability to safely operate a motor vehicle and (2) when the licensee fails to submit the certificate required pursuant to GS 20-7(a) and GS 20-9(g).
Section 14
Deletes the proposed revision to GS 124-5.1, which allowed the Freight Rail & Rail Crossing Safety Improvement Fund to be used for the enhancement of short-line railroad assistance, in addition to the existing authorized uses, and added other types of short-line railroad projects to the list of project types that the Fund may be used for.
Deletes the proposed revisions to GS 136-44.39, which provided that State and federal assistance provided by DOT under the statute may include funds from the Rail Industrial Access Program and the Short Line Infrastructure Program, and such other programs as may exist or be established for these purposes.
Section 14.5
Amends GS 63-69, concerning the permit required to operate an unmanned aircraft system for commercial purposes, to decrease the age minimum from 17 to 16 years of age.
Section 15
Provides that damages, right-of-way costs, and planning and design costs related to litigation concerning the adoption of a transportation corridor official map under Article 2E (transportation Corridor Official Map Act) of GS Chapter 136 must be paid from the tier under Article 14B (Strategic Prioritization Funding Plan for Transportation Investments) of GS Chapter 136 in which the project covered by the transportation corridor official map was funded under or is programmed to be funded under.
Provides that, for projects that were not funded or are not programmed to be funded under Article 14B of GS Chapter 136, damages, right-of-way costs, and planning and design costs related to litigation concerning the adoption of the transportation corridor official map must be paid from the regional allocation of funds under Article 14B for the region covered by the transportation corridor official map.
Section 16
Amends GS 136-44.50, the Transportation Corridor Official Map Act, by adding a new subsection to prohibit a new transportation corridor official map from being adopted pursuant to the statute from July 1, 2016, to July 1, 2017.
Section 17
Rescinds all transportation corridor maps adopted pursuant to Article 2E of GS Chapter 136, and any amendments thereto. Provides that all restrictions under Article 2E no longer apply to properties or portions of properties within the affected transportation corridors. Requires DOT to post information concerning each map rescinded on its Web site, and provide notice of each map rescinded for the affected jurisdictions to (1) the office of the city clerk, (2) the county tax supervisor and city tax collector, (3) the register of deeds, and (4) the city and county planning agency.
Provides that nothing in this section is to be construed as tolling, delaying, or otherwise modifying the time in which a complaint must be filed under GS 136-11 (Remedy where no declaration of taking filed; recording memorandum action).
Section 18
Amends GS 24-1 to provide that the legal rate of interest is 8% per annum for such time as interest may accrue, and no more, except as otherwise provided in GS 136-113, which allows for interest as part of just compensation in condemnation cases by the DOT (previously, provided no exception).
Amends GS 136-113, concerning interest as part of just compensation in condemnation cases by the DOT, to eliminate the statutory reference to GS 24-1 relating to the addition of interest at the legal rate to the amount awarded as damages by the commissioners or a jury or judge. Instead, provides that for purposes of the statute, the term legal rate means the prime lending rate, as published by the Board of Governors of the Federal Reserve System on the first business day of the calendar month immediately preceding the date of taking. Further, establishes that the legal rate established under the statute cannot exceed the legal rate set in GS 24-1.
Applies to causes of action filed on or after the effective date of the act.
Section 19
Directs DOT to study the development of a process that equitably balances the interest of the State in protecting proposed transportation corridors from development, the property rights of affected landowners, and the taxpayers of the State. Requires quarterly reporting to the General Assembly and to the Joint Legislative Oversight Committee beginning October 1, 2017, and a final report by July 1, 2017.
House amendment makes the following changes to the 5th edition.
Amends proposed GS 132-1.4A by adding the following. Allows a person authorized to receive disclosure under (c) of the statute, or the custodial law enforcement agency, to petition the superior court in any county where any portion of the recording was made for an order releasing the recording to a person authorized to receive disclosure. Prohibits charging a fee for filing the petition and specifies requirements for the petition form and required included information. Requires notice and an opportunity to be heard to be given to the head of the custodial law enforcement agency when the petitioner is a person authorized to receive disclosure. Requires these petitions to be set for hearing as soon as practicable and given priority by the court. Requires the court to determine if the person to whom release is requested is a person authorized to receive disclosure, and allows the court to make the determination in an in-camera review of the recording, with discretion to allow the petitioner to be present to identify the image or voice in the recording. If the court determines that the person is not authorized to receive disclosure, there is no right of appeal and the petitioner may file an action for release under the statute. If the court determines that the person to whom release of the recording is requested is a person authorized to receive disclosure under the statute, the court must consider the standards in the statute and others the court deems relevant in determining whether to order the release of all or a portion of the recording. Allows the court to conduct an in-camera review of the recording. Specifies that the court must release only those portions of the recording that are relevant to the request and allows the court to place conditions or restrictions on the release of the recording the court deems appropriate. Makes conforming changes.
House committee substitute makes the following change to the 1st edition.
Deletes the content of the previous edition and replaces it with the following.
Changes the act's short and long titles.
Expresses the General Assembly's support for the following Wildlife Resources Commission resolutions dated January 29, 2015: (1) resolution requesting that the US Fish and Wildlife Service declare the red wolf extinct and terminate the Red Wolf reintroduction Program in Beaufort, Dare, Hyde, Tyrrell, and Washington counties and (2) resolution requesting that the US Fish and Wildlife Service remove red wolves released onto private lands in the red wolf recovery area located in those same counties.
Makes it a Class 3 misdemeanor to hunt, take, or kill any wild animal or wild bird with a firearm, bow and arrow, or crossbow, on, from, or across the right-of-way of any State maintained road or highway, or to discharge any firearm, bow and arrow, or crossbow, on, from, or across the right-of-way of any State-maintained road or highway in Buncombe County. Effective October 1, 2016, and applies to acts committed on or after that date.
Intro. by Cleveland. | UNCODIFIED, Buncombe |
The Daily Bulletin: 2016-06-29
House amendment makes the following changes to the 2nd edition.
Changes the requirement that, by December 15, 2016 (was, October 15, 2016) the State Board of Education must approve at least one alternative, private, for-profit, or nonprofit lateral entry teacher education preparation program (previously, required the Board to approve at least one program, including any application from North Carolina Teachers of Tomorrow), but no more than four programs, if those programs meet the requirements of GS 115C-296.12(a1), as enacted by the act.
Intro. by Krawiec. | GS 115C |
House committee substitute makes the following changes to the 1st edition. Deletes the contents of the previous edition and replaces it with the following.
Changes the long title to AN ACT REVISING THE CONDITIONS UNDER WHICH COUNTIES AND CITIES MAY INSPECT BUILDINGS OR STRUCTURES. Changes the short title.
Amends GS 153A-364, concerning county inspections of building and structures when there is reasonable cause to believe that unsafe or hazardous conditions exist, providing that "reasonable cause" means that the property (was, landlord or owner) has a history of more than four verified violations (was, more than two) of the housing ordinances or codes within a rolling 12-month period (was, just a 12-month period). Also provides that the inspections department cannot discriminate between owner-occupied or tenant-occupied buildings. Deletes language referring to periodic inspections in lieu of inspections in general. Provides that counties can require inspection as part of a targeted effort to respond to blighted or potentially blighted conditions. Sets limitations on the total aggregate of targeted areas in the county to be no greater than one square mile or 5% of the area within the county, whichever is greater. Sets out other limitations for targeted area designations. Deletes a provision that provided the county cannot discriminate in selecting targeted areas for inspections.
Adds provisions providing that the county can require only owners or managers of individual rental units having either more than four verified violations in a rolling 12-month period or two or more verified violations in a rolling 30-day period, or if the property is identified as being in the top 10% of properties with crime or disorder problems, to obtain permission before leasing property or register the property. Sets out new provisions establishing when a special fee or tax can be levied on residential rental property. Also prohibits the county from providing that any violation of a rental registration ordinance is a criminal offense, or requiring owners or managers of rental property to submit to an inspection before receiving any utility service provided by the county. Includes language defining verified violation. Deletes GS 153A-364(d) concerning the levy of fees for residential property registration for specified rental units. Enacts new GS 153A-364(e) and (f), providing that if a property is identified as being in the top 10% of properties with crime or disorder problems, then the county must notify the landlord of any crimes, disorders, or other violations that will be counted against the property to allow the landlord an opportunity to correct the problems. Sets out ways the county or sheriff must help landlords in addressing criminal activity. Sets out an appeals process and procedures for action taken by the county against an individual rental unit, providing decisions can be appealed to specified entities if created and functioning, or to the county manager or designee.
Amends GS 160A-424, concerning city inspections of building and structures when there is reasonable cause to believe that unsafe or hazardous conditions exist, providing that "reasonable cause" means that the property (was, landlord or owner) has a history of more than four verified violations (was, more than two) of the housing ordinances or codes within a rolling 12-month period (was, just a 12-month period). Also provides that the inspections department cannot discriminate between owner-occupied or tenant-occupied buildings. Deletes language referring to periodic inspections in lieu of inspections in general. Provides that cities can require inspection as part of a targeted effort to respond to blighted or potentially blighted conditions. Sets limitations on the total aggregate of targeted areas in the county to be no greater than one square mile or 5% of the area within the city, whichever is greater. Sets out other limitations for targeted area designations. Deletes a provision that provided the city cannot discriminate in selecting targeted areas for inspections.
Adds provisions providing that the city can require only owners or managers of individual rental units having either more than four verified violations in a rolling 12-month period or two or more verified violations in a rolling 30-day period, or if the property is identified as being in the top 10% of properties with crime or disorder problems, to obtain permission before leasing property or register the property. Sets out new provisions establishing when a special fee or tax can be levied on residential rental property. Also prohibits the city from providing that any violation of a rental registration ordinance is a criminal offense or requiring owners or managers of rental property to submit to an inspection before receiving any utility service provided by the city. Includes language defining verified violation. Deletes GS 153A-364(d) concerning the levy of fees for residential property registration for specified rental units. Enacts new GS 153A-364(e) and (f), providing that if a property is identified as being in the top 10% of properties with crime or disorder problems, then the city must notify the landlord of any crimes, disorders, or other violations that will be counted against the property to allow the landlord an opportunity to correct the problems. Sets out ways the city or police department must help landlords in addressing criminal activity. Sets out an appeals process and procedures for action taken by the city against an individual rental unit, providing decisions can be appealed to specified entities if created and functioning, or to the city manager or designee.
House committee substitute makes the following changes to the 2nd edition.
Amends the act's short and long titles.
Amends GS 110-90.2, concerning mandatory child care providers' criminal history checks, to now define provisional provider to mean a person who has been employed as a child care provider whose notification of qualification under subsection (b) of the statute is pending. Amends new subsection (b2) to establish that a provisional provider can be hired, begin orientation and training, and be counted in the staff/child ratio as long as the provider (1) has submitted a completed criminal history record check application prior to employment, (2) is supervised by a qualified child care provider and never left alone with a child, and (3) is clearly identified as a provisional provider by wearing in plain view a badge identifying the person as a provisional provider. Provides that, if the child care provider has not received notification of the Department's determination within 45 calendar days from the date the criminal check was submitted, the child care provider must not enter or remain on the premises of the child care facility until the notification is received.
Amends GS 7A-60 to amend the organization of prosecutorial Districts 19B and 20A, providing that now District 19B is comprised of Randolph County (was, Randolph and Montgomery County) and that District 20A is now comprised of Stanly and Montgomery counties (was, Stanly). Specifies which district attorneys of the respective prosecutorial districts will continue to serve in that capacity, with successors to be elected as scheduled. Effective September 1, 2016.
Directs the Revenue Laws Study Committee to study issues related to the taxation of golf course property. Provides that the study can include a review of the methods for determining fair market value as well as any inconsistencies that arise in valuation models from county to county. Directs a report on findings to be submitted to the 2017 General Assembly.
House committee substitute makes the following changes to the 2nd edition.
Changes the long title to AN ACT TO PROVIDE RECOVERY OF CAPITAL-REPLATED COSTS INCURRED BY A NATURAL GAS UTILITY FOR CONSTRUCTING NATURAL GAS INFRASTRUCTURE FOR A LARGE MANUFACTURING EMPLOYER. Changes the short title.
Deletes all provisions of the previous edition and now provides the following.
Enacts new GS 62-133.15, Cost recovery for natural gas economic development infrastructure, in Article 7 of GS Chapter 62 (Public Utilities). Provides that the purpose of this statute is to prescribe a procedure for a natural gas local distribution company to recover costs from constructing infrastructure to serve a project identified by the Department of Commerce (Department) as an eligible project under GS 143B-437.021 (enacted in this act). Directs the North Carolina Utilities Commission (Commission) to adopt rules to implement GS 62-133.13.
Limits eligibility for cost recovery under the statute to natural gas economic development infrastructure determined by the Commission to satisfy all of the specified conditions, which include specifications as to eligible locations, binding commitments such as a commercial contract, and determining if there are insufficient projected margin revenues not recoverable under GS 62-133.4 from the eligible project to cover the cost associated with the project.
Also includes specifications regarding determining: (1) the economic feasibility of the construction of the infrastructure, (2) the recoverable costs of an eligible project, and (3) the recovery of eligible economic development infrastructure costs in a rate adjustment surcharge mechanism. In addition, sets a limitation prohibiting a natural gas local distribution company from investing more than $25 million of eligible infrastructure development costs in any year and prohibits cumulative rate adjustments from exceeding 5% of the total annual service margin revenues not recoverable under GS 62-133.4 approved by the Commission in the natural gas local distribution company's last general rate case. Provides that the aggregate amount of eligible infrastructure development costs recovered under rate adjustment surcharge mechanisms for all natural gas local distribution companies in the State cannot exceed $75 million.
Enacts new GS 143B-437.021, Natural gas economic development infrastructure, in Article 10 of GS Chapter 143B (Executive Organization Act of 1973). States that the purpose of GS 143B-437.021 is to provide criteria for use by the Department of Commerce (Department) in determining the eligibility of an economic development project that requires natural gas service infrastructure.
Describes an eligible project as an economic development project that is determined by the Department to satisfy all of the following conditions: (1) provides opportunities for natural gas usage, jobs, and other economic development benefits in addition to those provided by the project; (2) has invested or intends to invest at least $200 million in private funds in improvements to real property and additions to tangible personal property in the project; and (3) the business employs or intends to employ at least 1,500 full-time employees or equivalent full-time employees at the project at the time the application is made, and the business agrees to maintain at minimum 1,500 full-time employees or equivalent full-time contract employees at the project.
Provides that a project may be considered as an eligible project under this section only if it is a project of a business that satisfies a wage standard, identified as an average weekly wage equal to at least 110% of the average wage for all insured private employers in the county. Provides additional criteria for the calculation of and annual publication and certification of the satisfaction of the wage standard by the business.
Requires an eligible project to be one undertaken by a business that makes health insurance available to all full-time employees and equivalent full-time contract employees. Also provides that to be deemed an eligible project, the business undertaking the project must have no citations under the Occupational Safety and Health Act that have become a final order within the last three years for willful serious violations or for failing to abate serious violations (as defined in GS 95-127) with respect to the location for which the eligible project is located. Also requires that an eligible project be undertaken by a business that satisfies, at the time of the application, the environmental impact standard under GS 105-129.83. Specifies that no more than three eligible projects are authorized under the statute.
Effective when the act becomes law and expires July 1, 2021, provided that the expiration does not affect the validity of any rate adjustment surcharge mechanism imposed or authorized under the provisions of the act prior to the effective date of expiration.
House committee substitute makes the following changes to the 3rd edition.
Deletes Part VI of the previous edition, which amended GS 160A-417 to include a new prohibition on a city or town requiring a low voltage permit for the construction, installation, repair, replacement, or alteration of passive optical networks. Makes conforming change to long title.
Senate committee substitute makes the following changes to the 2nd edition.
Deletes all proposed changes made to the following statutes as previously found in the Part II of the act: GS 1A-1, Rule 22; GS 20-63.01; GS 85B-7.1(a); GS 85B-8; GS 86A-22; GS 88B-17; GS 90-171.55; GS 90-210.86; GS 93A-3; GS 93A-42; GS 93A-45; GS 20-63.01; GS 42-50; GS 42A-15; GS 42A-17(a); GS 47C-4-110; GS 85B-7.1(a); GS 85B-8; GS 86A-22; GS 88B-17; GS 90-171.55; GS 28A-2B-2; GS 31D-5-505; GS 36C-5-505; GS 39-13.7; GS 62-133.10; GS 90-91; GS 115C-401.2(a)(8); GS 115C-401.2(e); GS 147-86.59; and GS 153A-99(b). Makes conforming changes and further deletes provisions directing the Revisor of Statutes to include specified comments and information.
Makes technical and conforming changes to introductory language for section proposing changes to GS 90-12.7(b1).
Makes a technical change to GS 90-414.5 concerning receiving access to the Health Information Exchange from the North Carolina Health Information Exchange Authority (Authority).
Makes technical corrections to statutory references found in GS 90-414.7(b) concerning the powers and duties of the Authority.
Amends GS 143B-437.01(a)(6), as amended by SL 2016-5, making clarifying changes to incorrect language.
Amends Section 4 of SL 2016-27, correcting a statutory reference.
Provides that if House Bill 289, The NC Money Transmitters Act, of the 2016 Regular Session of the 2015 General Assembly becomes law, then the effective date of that act is amended to October 1, 2016 (Was, October 1, 2015).
Amends Section 1 of Senate Resolution 746, previously adopted by the Senate in the 2016 Regular Session of the 2015 General Assembly, by deleting the phrase "general farming" and substituting the word "marketing."
Amends the effective date of the act to provide that Section 2, amending GS 14-159.3(a1) of the act, is effective December 1, 2015, with the remainder of the act effective when it becomes law.
Intro. by Hartsell. | GS 14, GS 20, GS 28A, GS 36C, GS 39, GS 42A, GS 90, GS 97, GS 108A, GS 120, GS 136, GS 143, GS 143B, GS 143C, GS 146, GS 147, GS 153A, GS 160A |
House committee substitute makes the following changes to the 2nd edition.
Amends GS 135-48.1, definitions for the State Health Plan (Plan), adding and defining the terms Claims Data Feed and Claim Payment Data.
Amends GS 135-48.10(a) concerning the confidentiality of specified information and records in possession of the State Health Plan for Teachers and State Employees or other parties as specified, adding language to provide that Claims Payment Data and materials derived from Claims Payment Data are considered confidential and exempt from public records laws under GS Chapter 132.
Amends GS 135-48.32 concerning contracts for plan benefits, deleting almost the entirety of the provisions that authorized the State Treasurer to contract with pharmacy benefits managers to administer pharmacy benefits under the Plan. Deletes provisions concerning modification of Article 3B, State Health Plan for Teachers and State Employees, and the request for proposals for inclusion in the contract to provide benefits. No longer requires the State Treasurer to require that the terms of the contract between the Plan and the Plan's Claims Processing Contractor, the Pharmacy Benefits Manager, and the Disease Management Contractor require the contractor to provide specified billing details, transactional data, and cost of administrative functions. Adds new language providing that the Claims Processor will provide all claims processing data elements to the Plan, including identification of providers and allowed amounts paid. Requires Claim Processors to provide the Plan with a Claim Data Feed, at least monthly. Enacts several new subsections setting out provisions governing Claims Processors and governing the use of Claims Payment Data, including allowing Claims Processors to withhold information that reflects rates negotiated with or agreed to by a third party, as long as sufficient documentation to support the payment of claims is provided. Requires certain contract provisions between a Claims Processor and medical provider or other specified third parties void and unenforceable to the extent it prevents the disclosure of required Claims Payment Data. Specifies correct and permissible uses of Claims Payment Data. Exempts Claims Processors that disclose Claims Payment Data in accordance with the regulations from civil liability or equitable relief.
Amends the effective date provisions, providing that as the remainder of the act is effective when it becomes law, it applies to contracts entered into on or after that date.
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title. Adds whereas clauses.
Adds appointments to the following boards: North Carolina Institute of Medicine Board of Directors, 911 Board, North Carolina State Board of Chiropractic Examiners, Board of Trustees of the State Health Plan for Teachers and State Employees, Acupuncture Licensing Board, North Carolina Center for the Advancement of Teaching Board of Trustees, African-American Heritage Commission, North Carolina Agricultural Finance Authority, North Carolina Arboretum Board of Directors, North Carolina Capital Facilities Finance Agency Board of Directors, North Carolina Child Care Commission, North Carolina Clean Water Management Trust Fund Board of Trustees Council, Disciplinary Hearing Commission of the North Carolina State Bar, North Carolina Locksmith Licensing Board, North Carolina Manufactured Housing Board, North Carolina On-Site Wastewater Contractors and Inspectors Certification Board, North Carolina Parks and Recreation Authority, Permanency Innovation Initiative Oversight Committee, North Carolina Recreational Therapy Licensure Board, North Carolina Respiratory Care Board, Roanoke Island Commission, Rural Infrastructure Authority, North Carolina State Banking Commission, North Carolina State Building Commission, State Ethics Commission, North Carolina State Board of Cosmetic Art Examiners, North Carolina State Ports Authority, Supplemental Retirement Board of Trustees, Umstead Act Unfair Competition Panel, North Carolina Veterinary Medical Board, North Carolina Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services, North Carolina State Water Infrastructure Authority, Governor's Crime Commission, Domestic Violence Commission, North Carolina Education and Workforce Innovation Commission, Board of Directors of the North Carolina Partnership for Children Inc., North Carolina State Judicial Council, North Carolina State Fire and Rescue Commission, North Carolina Code Officials Qualification Board, and the North Carolina Landscape Contractors' Licensing Board.
Changes the effective date to July 1, 2016 (previously, effective when the act becomes law).
Intro. by Apodaca. | UNCODIFIED |
The Daily Bulletin: 2016-06-29
AN ACT AMENDING THE CHARTER OF THE CITY OF FAYETTEVILLE TO MAKE CHANGES RELATED TO THE MEMBERSHIP AND OPERATION OF THE PUBLIC WORKS COMMISSION. Enacted June 29, 2016. Effective July 1, 2016.
Intro. by Szoka, Floyd, Glazier, Lucas. | Cumberland |
AN ACT TO ADD AND REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF NORWOOD. Enacted June 28, 2016. Effective June 30, 2016.
Intro. by Burr. | Stanly |
AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF MAXTON AND TO REMOVE CERTAIN RESTRICTIONS ON SATELLITE ANNEXATIONS FOR THE TOWN OF SILER CITY. Enacted June 29, 2016. Effective June 29, 2016, except as otherwise provided.
AN ACT TO ALLOW THE RECALL OF OFFICERS OF THE VILLAGE OF TOBACCOVILLE. Enacted June 28, 2016. Effective June 28, 2016.
AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF GLEN ALPINE. Enacted June 29, 2016. Effective June 30, 2016.
Intro. by Blackwell. | Burke |
AN ACT TO CHANGE THE ELECTION METHOD OF THE TRANSYLVANIA COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN. Enacted June 28, 2016. Effective June 28, 2016.
Intro. by Whitmire. | Transylvania |
AN ACT TO TEMPORARILY SUSPEND THE CHARTER OF THE TOWN OF SPENCER MOUNTAIN. Enacted June 28, 2016. Effective July 1, 2016.
Intro. by Torbett. | Gaston |
The Daily Bulletin: 2016-06-29
House committee substitute makes the following changes to the 2nd edition.
Changes the long title to AN ACT TO AMEND THE CHARTER OF THE TOWN OF COLUMBIA TO EXTEND THE TERM OF OFFICE FOR THE MAYOR AND CLARIFY THAT THE MEMBERS OF THE BOARD OF ALDERMEN SERVE FOUR YEAR STAGGERED TERMS AND TO AUHTORIZE THE TOWN OF HOPE MILLS TO TAKE IMMEDIATE POSSESSION OF REAL PROPERTY CONDEMNED BY THE TOWN FOR RECREATIONAL PURPOSES IN CONNECTION WITH THE HOPE MILLS LAKE AND HOPE MILLS LAKE DAM PROJECT. Changes the short title.
Deletes all provisions of the previous edition and now provides the following.
Section 1
Amends Section 4 of the Charter of the Town of Columbia (Charter) in SL 1941-423, concerning the creation, salary, and composition of mayor and the board of aldermen, to increase the term of the mayor and the board of aldermen from two- to four-year terms, and until their successors are elected and qualified. Deletes language that established the terms of office for the aldermen and mayor are to begin on the first day of July next following their election, and replaces it with a provision that the terms of office for the aldermen and mayor are to begin at the first regular meeting in December following their election.
Changes the descriptor of Section 12 of the Charter to Election of Mayor; Election of the Board of Aldermen (previously, Municipal Elections). Deletes the existing language of Section 12 and replaces it with the following. Directs that the mayor and members of the board of aldermen are to be elected to four-year terms by the qualified voters of the entire town. Establishes that in 2017, and quadrennially thereafter, the regular election for mayor is to be held on the first Tuesday in November, and be separate from the aldermen. Establishes that the regular election for the members of the board of aldermen is to be held the first Tuesday in November in odd-numbered years. Establishes that in 2017, and quadrennially thereafter, members are to be elected to Seats 1, 2, and 3 for four-year terms, and in 2019, and quadrennially thereafter, members are to be elected to Seats 4 and 5 for four-year terms, thereby creating staggered terms for the members of the board of aldermen.
Validates previous elections of the Town of Columbia since January 1, 1977, and ratifies and confirms all actions of the board of aldermen since January 1, 1977.
Section 2
Amends GS 40-42(a)(1) to provide that, in addition to existing delineated purposes, when a local public condemnor is acquiring property by condemnation for a purpose set out in GS 40A-3(b)(3) (condemnation for the purpose of establishing, enlarging, or improving parks, playgrounds, and other recreational facilities), unless an action for injunctive relief has been initiated, title to the property specified in the complaint, together with the right of immediate possession, vests in the condemnor upon the filing of the complaint and the making of the deposit in accordance with GS 40A-41 (institution of condemnation action and deposit). Applies only to the Town of Hope Mills for taking of property for projects involving or relating to Hope Mills Lake or the Hope Mills Lake dam. Expires July 1, 2019.
Intro. by Sanderson. | Cumberland, Tyrrell |
AN ACT TO ABOLISH THE OFFICE OF CORONER IN BRUNSWICK COUNTY. Enacted June 29, 2016. Effective the earlier of a vacancy in the office of coroner in the county or the expiration of the current term of office in 2016.
Intro. by Rabon. | Brunswick |
House amendment makes the following changes to the 3rd edition.
Makes a technical correction to GS 105-538(b).
Intro. by Tillman. | Moore |
House committee substitute makes the following changes to the 2nd edition.
Deletes proposed new Section 9.1A to Article IX of the Charter of the Town of Cary (Town), SL 2005-117, concerning the Town's regulatory powers over site plans.
Actions on Bills: 2016-06-29
H 136: RECALL RETIRED BUSINESS COURT JUDGE. (NEW)
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 253: JUSTICE REINVESTMENT ACT CHANGES.-AB
H 287: AMEND INSURANCE LAWS.-AB
H 424: PROHIBIT UNLAWFUL CUSTODY TRANSFER OF CHILD (NEW).
H 523: DRIVERS LICENSE DESIGNATION/AMERICAN INDIAN.
H 533: MODIFY PUV EXCEPTIONS TO DISQUALIFICATION.
H 548: CONFORMING CHANGES/CONSTITUTIONAL AMEND. (NEW)
H 561: SCHOOL SYSTEM AUTH. RE: LEGAL PROCEEDINGS.
H 593: AMEND ENVIRONMENTAL & OTHER LAWS (NEW).
H 594: MV DEALER DOC. RETENTION/INSPECTION/FORMAT. (NEW)
H 630: DRINKING WATER PROTECT'N/COAL ASH CLEANUP ACT
H 678: AMEND INNOCENCE COMMISSION STATUTES.
H 728: AMEND VARIOUS LICENSING BOARD LAWS/FEES
H 742: PE LICENSURE/ALLOW SCHOOL MAINT. PLUMBERS. (NEW)
H 804: KELSEY SMITH ACT.
H 817: ENACT UNIFORM LAW ON ADULT GUARDIANSHIP.
H 842: MEDICAID WAIVER PROTECTIONS/MILITARY FAMILIES.
H 948: AUTHORIZE APO STUDIES.
H 959: DOT PROPOSED LEGISLATIVE CHANGES.
H 972: LAW ENFORCEMENT RECORDINGS/NO PUBLIC RECORD (New)
H 984: TRANSFER OF DAVIE COUNTY CORRECTIONAL CENTER.
H 986: ZETA PHI BETA/LONG LEAF PINE PLATE CHANGES. (NEW)
H 1021: AMEND SEX OFFENDER CERTAIN PREMISES (NEW).
H 1030: 2016 APPROPRIATIONS ACT.
H 1044: LAW ENFORCEMENT OMNIBUS BILL.
H 1063: GSC TECHNICAL CORRECTIONS 2.
H 1074: SCHOOLS/CC FACILITIES - TEST WATER FOR LEAD (NEW)
H 1080: ACHIEVEMENT SCHOOL DISTRICT.
H 1144: SUPPORT WRC RESOLUTIONS/BUNCOMBE ROW HUNTING (NEW).
S 53: PRIVATE ALTERNATIVE TEACHER PREPARATION (NEW)
S 105: REPORT NO. VETERANS FILING TAX RETURNS. (NEW)
S 124: ASSUMED BUS.NAME/IC CONTEMPT/PARKS (NEW).
S 303: REGULATORY REFORM ACT OF 2016. (NEW)
S 326: LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS. (NEW)
S 349: AMD VARIOUS LAWS/STUDY GOLF COURSE TAX POLICY. (NEW)
S 387: SBE CONFIRMATIONS.
S 481: FUND SM BUSINESS/DOR RULINGS/CITY RT OF WAY (New).
S 482: LLC CLARIFICATIONS & EMP INVENTION OWNERSHIP. (NEW)
S 491: MANUFACTURED HOME PURCHASE AGREEMENT CHANGE.
S 508: AMEND BAIL BOND LAWS.
S 673: NATURAL GAS ECON. DEV. INFRASTRUCTURE (NEW).
S 770: NC FARM ACT OF 2016 (NEW)
S 791: LPA COMM. CONTRACTOR RATE REVISION & STUDY.
S 803: REV. LAWS TECH. CHG./NO PERMIT FOR FIBER (NEW)
S 814: DESIGNATE STATE CIO AS SECRETARY OF DEPT.
S 821: GSC TECHNICAL CORRECTIONS 1.
S 865: STATE HEALTH PLAN/ADMIN CHANGES/LOCAL GOVTS.
S 872: UNC SELF-LIQUIDATING PROJECTS.
S 886: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2016.-AB
S 898: 2016 APPOINTMENTS BILL (NEW).
S 899: CONFIRM GRANTHAM/RETIREMENT SYSTEM BOARD.
S 900: CONFIRM WRIGHT/RETIREMENT SYSTEM BOARD.
S 901: CONFIRM MCCANN/RETIREMENT SYSTEM BOARD.
S 902: SBE CONFIRMATION.
Actions on Bills: 2016-06-29
H 392: FAYETTEVILLE CHARTER/PWC CHANGES.
H 1022: MAXTON DEANNEX/SILER CITY SATELLITE ANNEX. (NEW)
H 1126: RED LIGHT CAMERAS/CITY OF GREENVILLE.
H 1132: GLEN ALPINE DEANNEXATION.
S 132: COLUMBIA ELECTIONS/HOPE MILLS QUICK TAKE (NEW).
S 215: ABOLISH BRUNSWICK COUNTY CORONER.
S 727: MOORE COUNTY LOCAL SALES TAX USE RESTRICTION (NEW)
S 739: TOWN OF ROLESVILLE/ANNEXATION.
S 774: MARVIN AND ASHEBORO/DEANNEXATION (NEW).
S 848: CARY CHARTER AMENDMENTS.
S 852: TOWN OF BAKERSVILLE/TOWN OF CLYDE/DEANNEX. (NEW)
S 890: ELECTIONS EVERY FOUR YEARS/TOWN OF MARIETTA.
S 897: ASHEVILLE CITY COUNCIL DISTRICTS.
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