Senate committee substitute replaces the content of the 2nd edition with the following.
Amends the components of the State Nature and Historic Preserve (Preserve) set forth in GS 143-260.10 as follows.
Updates the descriptions of the Preserve's components to include the following as of June 7, 2022 (was, May 2, 2017): lands and waters within the boundaries of identified units of the State Parks System; all land and waters, as specified, within Umstead State Park, Morrow Mountain State Park, Crowders Mountain State Park, identified Historic Sites, Hanging Rock State Park, Jockey's Ridge State Park, Mount Jefferson State Park, Eno River State Park, Hemlock Bluffs State Natural Area, Lake James State Park, Lake Waccamaw State Park, Chumney Rock State Park, Gorges State Park, Carvers Creek State Park, and Mayo River State Park; lands owned by the State within New River State Park and the Mountains-to-Sea Trail; and State-owned land and waters within Lower Haw State Natural Area, Lumber River State Park, and Mitchells Millpond State Natural Area.
Revises the Preserve's components as follows. Adds Bob's Creek State Natural Area, Fonta Flora State Trail, Pisgah View State Park, Salmon Creek State Natural Area, South Mountains State Park, Stone Mountain State Park, Warwick Mill Bar State Natural Area, and Wilderness Gateway State Trail to the units within the State Parks System included in the Preserve; removes Carvers Creek State Park. Removes two described properties from and adds a new described property to those tracts excluded from the Crowders Mountain State Park component, deleting the property from the State Parks System and subjecting the property to existing limitations on the State's right to sell the property. Eliminates the inclusion of lands and waters within the boundaries of Stone Mountain State Park as a component of the Preserve, including the provision deleting the Park from the State Park System. Establishes exclusions for two described properties at Tryon Palace Historic Sites and Gardens from the Historic Sites included in the Preserve. Adds a new exclusion for described property within Hanging Rock State Park. Eliminates the inclusion of lands and waters within the boundaries of South Mountains State Park and its described exclusions and limitations on the State's right to sell the land, as the Park is now included entirely in the Preserve as a unit identified in the State Parks System component. Adds a new exclusion of described property within the Jockey's Ridge State Park from the Preserve. Adds a new exclusion of described property within Hemlock Bluffs State Natural Area from the Preserve, and adds that all exclusions listed for that Area are deleted from the State Parks System; limits the State's right to sell the tracts by only allowing the State to either exchange the land for other land to expand the Area or sell the land and use the proceeds to expand the Area (previously, a limitation only applicable to one of the described excluded tracts). Adds a new exclusion for described property within Lake Waccamaw State Park. Eliminates one described property excluded from the Chimney Rock State Park component and adds a new exclusion for described property within the Park, and limits the State's right to sell the land by only allowing the State to either exchange the land for other land to expand the Park or sell the land and use the proceeds to expand the Park. Changes the description of the land excluded from the Mountains-to-Sea Trail component. Adds a new exclusion for described property within Gorges State Park and makes the limitations on the State's right to sell the property for the existing exclusion also applicable to the new exclusion; deletes the properties from the State Parks System. Adds a new exclusion for described property within the Lower Haw State Natural Area and authorizes the State to grant an easement to Conterra Ultra Broadband across the tract to extend broadband services. Adds a new exclusion for the described property within Lumber River State Park and deletes the property from the State Parks System. Adds a new exclusion for the described property within the Mitchells Millpond State Natural Area, deletes the property from the State Parks System, and makes the limitations on the State's right to sell the property for the existing exclusion also applicable to the new exclusion. Makes technical changes.
Corrects internal cross-references in GS 143-260.8(d), relating to petitions by the Council of State or local governments to the NCGA to accept properties owned by the State or such local governments for inclusion in the Preserve.
Repeals the following statutes that remove described land in identified Parks from the Preserve: GS 143-260.10C (Hemlocks Bluff); GS 143-260.10G (Crowders Mountain State Park); GS 143-260.10H (Gorges State Park); GS 143-260.10I (Jockey's Ridge State Park); and GS 143-260.10J (Mitchell's Millpond State Park).
Changes the act's titles.
The Daily Bulletin: 2022-06-15
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The Daily Bulletin: 2022-06-15
Intro. by Tyson. | GS 143 |
House committee substitute to the 1st edition makes the following changes.
Section 2
Changes the effective date of the changes to GS 7A-171.2 which deemed eligible for nomination or renomination as a magistrate residents of contiguously bordering NC counties for which the magistrate is appointed, from when the act becomes law to October 1, 2022. Adds the following. Amends GS 7A-211 to allow the chief district judge to assign to any magistrate in the district any small claim action pending in the district if the defendant is a resident of the county in which the magistrate was appointed (was, magistrate resides). Makes conforming changes and makes language gender neutral. Amends GS 7A-211.1 to allow the chief district judge to assign any magistrate of the district actions to enforce motor vehicle mechanic and storage liens when the claim arose in the county in which the magistrate was appointed (was, in which the magistrate resides). Makes language gender neutral. Effective October 1, 2022.
Section 3
Changes the effective date of the changes to GS 7A-146 which added to the chief district court judge's duties the duty to investigate written complaints against magistrates, authorized the chief to discipline a magistrate pursuant to the Rules of Conduct for Magistrates upon investigation and written findings of misconduct, and deemed specified documents as confidential, from when the act became law to October 1, 2022. Makes language gender neutral.
Deletes the changes to GS 7A-173 which would have specified that the suspension of a magistrate addressed by the statute, which applies when a judge determines sworn charges, if true, constitute grounds for removal, does not apply to disciplinary suspensions imposed under GS 7A-146 and also changed terminology to refer to "suspension pending removal" for instances of suspension under GS 7A-173.
Section 5
Amends GS 7A-47.3 to require the senior resident superior court judge to designate a specific judge, resident or assigned to the district, to preside over all proceedings that occur 150 (was, 180) days after filing of medical malpractice actions under GS 90-21.11(2). Changes the effective date from when the act becomes law to July 1, 2022.
Section 7
Further amends GS 9-6 to make language gender neutral. Further amends GS 9-6.1 by making a technical correction. Further amends GS 9-7.1 by defining judicial support staff for the purposes of the Article to mean employees of the Judicial Branch who provide case management and administrative support under the authority of a judge, including court assistants, court coordinators, court managers, and court administrators; excludes employees of the Clerk of Superior Court.
Section 8
Deletes former section 8 which amended GS 15A-301, by expanding criminal process that can be recalled by a judicial official for good cause prior to service to no longer exclude a warrant or criminal summons. Makes conforming changes to the numbering of the act's sections.
House committee substitute to the 1st edition makes the following changes.
Section 1
Deletes the proposed revisions to Article 29A, GS Chapter 7A, establishing positions of court administrators (previously named trial court administrators) for certain superior court districts. Makes conforming organizational changes.
Section 2
Makes a technical change to the proposed changes to Section 18(o), SL 2021-138, regarding authority for district attorneys or the Attorney General to petition for a judge to determine if a subject individual meets the criteria for satellite-based monitoring consistent with GS 14-208.40A, adding language to include amendments made to that law by SL 2021-182 (was, amendments made by SB 183, if it becomes law; SB 183 was enacted as SL 2021-182, with Section 2, which amends GS 14-208.40A, becoming effective December 1, 2021).
Section 3
Makes technical corrections to restate the existing language of GS 20-135.2A(e), as amended by SL 2022-6.
Section 4
Makes technical corrections to restate the existing language of GS 15A-601(e), as amended by SL 2021-138, SL 2021-182, and SL 2022-6.
Section 5
Adds to the proposed changes to GS 15A-302(d), which eliminated the requirement for an individual to sign a receipt on a citation, and the requirement for officers to certify delivery by signing the receipt that is filed with the clerk for persons that fail to sign. Reinstates and amends previously deleted law, now providing that failure of the person cited to accept delivery of the citation (was, sign the citation) does not constitute grounds for their arrest or the requirement that they post a bond.
Makes technical corrections to restate the existing language of GS 15A-832(g), GS 15A-1340.14(f), and GS 15A-1340.21(c), as amended by SL 2021-180.
Deletes the proposed changes to GS 122C-54, which required a facility to send the report of a mental examination of a defendant ordered by the court under GS 15A-1002 to the clerk pursuant to GS 15A-1002(d), and provide the clerk a separate statement containing the examiner's conclusion as to whether the defendant has or lacks the capacity to proceed.
Includes whereas clauses. Urges Congress to oppose the Securities and Exchange Commission's proposed rule that would require public companies to disclose their Scope 3 greenhouse gas emissions due to the requirement's impact on the State's agriculture industry. Directs the Secretary of State to transmit a copy of the resolution to the Securities and Exchange Commission.
Intro. by McNeely. | JOINT RES |
Subject to voter approval at the November 2022 general election, amends Section 4, Article IX of the NC Constitution, changing membership of the State Board of Education (State Board), effective January 1, 2024. Currently, the State Board includes the Lieutenant Governor, the State Treasurer, and eleven gubernatorially-appointed members, with eight members appointed from education districts across the State, and three members appointed from the State at large, subject to confirmation by the NCGA in joint session. Additionally, current members serve eight-year terms, with vacancy appointments not subject to NCGA confirmation. Revises State Board membership to include the Lieutenant Governor, the State Treasurer, the Superintendent of Public Instruction, and a number of elected members equal to the membership of the US House of Representatives apportioned to the State by federal law. Requires election from the districts established for members of the US House of Representatives by the voters of those districts in the manner prescribed by law. Provides for staggered four-year terms in the manner prescribed by law. Requires that appointments to fill vacancies be made by the Governor for the remainder of the unexpired term, subject to confirmation by the NCGA in joint session in the manner prescribed by law. Deems the Superintendent the State Board's chair rather than secretary. Provides ballot language. Applies to terms of office beginning January 1, 2025.
Intro. by Blackwell, Torbett, Hardister, Zachary. | CONST |
The Daily Bulletin: 2022-06-15
House committee substitute to the 1st edition makes the following changes. Further amends GS 41-61 as follows. Moves the proposed changes to (a) regarding the rights of a surviving spouse or the personal representative of a deceased spouse to reimbursement from the other for expenditures made with respect to a subject property during the existence of a tenancy by the entirety after the termination by death, into a new subsection (c) and make conforming organizational and technical changes. Deletes the current language in (a) to instead provide that for property held as tenants by the entirety, neither spouse is entitled to reimbursement from the other for expenditures made with respect to the property during the existence of the tenancy by the entirety, including payments made for recurring expenses, improvements, and payments made on indebtedness secured by a lien on the property. Also amends (b) to provide that when the tenancy by the entirety is converted to a tenancy in common, responsibility for expenditures made with respect to the property held as tenants in common is allocated as provided by the law governing tenants in common (removes the provision making an exception for when a court order directs otherwise such as in an equitable distribution proceeding).
Adds the following content.
Adds to the required content of a declaration to create a condominium set out in GS 47C-2-105 as follows. Regarding the required description of each unit created by the declaration, specifies that a unit not specifically described by an upper or lower limiting boundary with reference to established datum is deemed to include so much of the land and air above or below the unit as would be attributed to a noncondominium parcel of land under applicable common or statutory law.
Adds to the requirements for recordation of a condominium declaration or amendments thereto under GS 47C-2-101(b). Bars recordation unless all structural components and mechanical systems of all buildings containing or comprising any units created by a declaration or amendment are substantially completed in accordance with building design plans of a licensed architect or registered engineer and evidenced by a recorded certificate of completion executed by the architect or engineer (previously required a certificate executed by the architect or engineer stating that the building plans fully and accurately depict the structural components and mechanisms of all buildings containing or comprising any units thereby created). Adds a new provision to specify that the subsection does not require that the structural components and mechanical systems of building be depicted on the plats or plans described in GS 47C-2-109(b)(6), regarding the verification of the location and dimensions of horizontally limiting boundaries and the the location of vertically limiting boundaries, and identifying numbers for each unit.
Amends GS 47C-1-102, which sets forth the applicability of the North Carolina Condominium Act, as follows. Current law lists specified sections of GS Chapter 47C that apply to condominiums created on or before October 1, 1986, unless their declaration expressly provides otherwise. Now, makes the listed sections of the Chapter apply to condominiums created on or before October 1, 1986, notwithstanding any conflicting provisions in the articles of incorporation, the declaration, or the bylaws, and notwithstanding any references in those documents to GS Chapter 47A (Unit Ownership Act). However, makes GS 47C-1-103 (Definitions) apply to condominiums created on or before October 1, 1986, only to the extent necessary in construing any of the listed sections (previously, also provided that this section did not apply if the declaration expressly provided to the contrary). Eliminates the provisions specifying that the sections listed do not invalidate existing provisions of the declarations, bylaws, or plats or plans of condominiums created on or before October 1, 1986.
Makes conforming changes to GS 47A-2, specifying that the listed sections of GS Chapter 47C made applicable to condominiums formed on or before October 1, 1986, under GS 37C-1-102, as amended, apply to condominiums formed by a declaration creating unit ownership made pursuant to GS 47A-2, which specifically reference GS Chapter 47A. Further states that the provisions of GS Chapter 47C listed in GS 47C-1-102 are not in conflict with GS Chapter 47A.
Effective July 1, 2022, amends GS 47B-3, excepting from marketable record title established under GS Chapter 47B any provisions contained in declarations of covenants applicable to the following: condominiums created under GS Chapters 47A or 47C; cooperatives defined under GS Chapter 47F; and planned communities to which GS Chapter 47F applies, excluding those in which all lots are restricted exclusively to nonresidential purposes, or those created prior to January 1, 1999, unless governed by an owners' association in existence as of July 1, 2022.
Makes conforming changes to the act's long title.
The Daily Bulletin: 2022-06-15
House committee substitute to the 2nd edition makes the following changes.
Deletes the changes to SL 2007-218, which proposed to allow Civilian Traffic Investigators in Wilmington to (1) issue citations for infractions under GS Chapter 20 (Motor Vehicles) related to the traffic crashes they investigate, and (2) direct traffic, or expedite traffic during emergencies, in the same manner as a law enforcement officer. Makes conforming changes to the act's titles.
Intro. by Farkas, Humphrey, Davis, Miller. | Pitt |
House committee substitute adds the following to the 2nd edition.
Effective June 30, 2022, removes described property from the extraterritorial jurisdiction of the City of Southern Pines. Makes conforming changes to the act's titles.
House committee substitute to the 1st edition makes the following changes. Amends the authority for Mayland Community College to convey some or all of its rights, title, and interest in the Blue Ridge Boutique Hotel property to the Mayland Community College Enterprise Corporation by adding that the terms of the conveyance are to be as Mayland Community College deems wise and requires that the property be used for educational purposes. Specifies that the deed conveying the property must include a restriction that provides that the property reverts to Mayland Community College if the property ceases to be used for educational purposes.
Intro. by Greene. | Mitchell |
The Daily Bulletin: 2022-06-15
AN ACT TO MODIFY THE APPOINTMENT METHOD FOR THE BOARD OF TRUSTEES OF ROCKINGHAM COMMUNITY COLLEGE. SL 2022-10. Enacted June 15, 2022. Effective June 15, 2022.
Intro. by Jarvis, Lazzara, Ford. | Rockingham |
Actions on Bills: 2022-06-15
H 79: CLARIFY HS INSURANCE. (NEW)
H 144: MEDICAID CHILDREN AND FAMILIES SPECIALTY PLAN. (NEW)
H 159: EDUCATION LAW CHANGES. (NEW)
H 169: STATE HEALTH PLAN DATA TRANSPARENCY.-AB
H 252: BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW)
H 291: COMMERCIAL PROP. PLAN REV./DOI OVERSIGHT. (NEW)
H 332: HISTORIC SITES-PROPERTY SALE REVENUE.
H 607: VARIOUS COURT CHANGES. (NEW)
H 869: STATE BAR GRIEVANCE PROCESS/ETHICS RECORDS. (NEW)
H 990: MEDICAID HOSPITAL ASSESSMENTS ADJUSTMENTS. (NEW)
H 992: OAH STAFFING FLEXIBILITY.
H 1068: UNC NON-APPROPRIATED CAPITAL PROJECTS. (NEW)
H 1140: VARIOUS MODIFICATIONS TO COURTS PROVISIONS.-AB
H 1141: TECHNICAL/CONFORMING CHANGES FOR THE COURTS.-AB
H 1170: OPPOSE PARKING FEES/GSM NAT'L PARK.
H 1172: URGE CONGRESS/OPPOSE NEW SEC RULE.
H 1173: ELECT SBE MEMBERS/SUPER AS CHAIR OF SBE.
S 201: VAR. MOTOR VEH. AND TRANSPORT. LAW CHANGES. (NEW).
S 278: PROP./FAM. LAW-REIMBURSE PROP. EXPENDITURES.
S 496: DOI OMNIBUS BILL. (NEW)
S 671: VIRTUAL EDUC./REMOTE ACAD./VIRTUAL CHARTERS. (NEW)
Actions on Bills: 2022-06-15
H 995: GREENSBORO DEANNEX/WELDON CITY BD OF ED PAY. (NEW)
H 1004: TROUTMAN CHARTER REVISED & CONSOLIDATED.
H 1011: GREENVILLE TRAFFIC INVESTIGATORS. (NEW)
H 1012: JACKSONVILLE DEANNEX/SOUTHERN PINES/ETJ. (NEW)
H 1026: NORTH WILKESBORO DEANNEXATION.
H 1044: BEECH MOUNTAIN AND MORGANTON DEANNEXATIONS. (NEW)
H 1045: MAYLAND CC/BLUE RIDGE HOTEL TRANSFER AUTH.
H 1061: CURRITUCK COUNTY GAME COMMISSION/LICENSING.
H 1065: CLYDE/ANDREWS DEANNEX; VARIOUS LAND TRANSFERS. (NEW)
H 1096: SURF CITY DEANNEXATION.
H 1165: SALISBURY VOLUNTARY ANNEX TEMP. MORATORIA.
S 256: ROCKINGHAM COMMUNITY COLLEGE BOT. (NEW)
S 773: GOLDSTON SATELLITE ANNEXATIONS.
S 907: ECONOMIC GROWTH ACT.
S 908: AIRPORT ECONOMIC DEVELOPMENT ACT.
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