Bill Summary for H 1133 (2013-2014)

Summary date: 

Jul 30 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 1133 (Public) Filed Tuesday, May 20, 2014
AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND THE SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE ADDITIONAL TECHNICAL AND OTHER CHANGES TO THE GENERAL STATUTES AND SESSION LAWS.
Intro. by T. Moore.

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Bill summary

Senate amendments make the following changes to the 4th edition:

Amendment #1

Amends proposed changes to GS 14-258.1(e) and (f), to provide that possession of any tobacco products, as defined in GS 148-23.1, other than for authorized religious purposes, is a Class 1 misdemeanor (previously, provided that such possession, including vapor products, except for inmates involved in an authorized smoking cessation program, was a Class 1 misdemeanor). Provides that local confinement facilities have the authority to give or sell vapor products or other FDA-approved tobacco cessation products, such as over-the-counter nicotine replacement therapies, including nicotine gum, patches, and lozenges, to inmates while in the custody of the local confinement facility (previously, local confinement facilities could give or sell a vapor product as defined in GS 148-23.1 to inmates involved in an authorized smoking cessation program while in the custody of the facility).

Amends GS 18B-1001(i), concerning ABC permits, making a technical correction to a statutory reference.

Deletes proposed changes to GS 28A-19-1(c). 

Deletes proposed changes to GS 41-23(h).

Amends GS 115C-174.26(h) changing the reporting date for the State Board of Education's annual report to the Joint Legislative Education Oversight Committee on advanced courses in North Carolina to November 15, 2014 (was, October 1, 2014). 

Enacts new GS 126-5(e)(3) and (4) adding that an employee exempt from the state personnel system can be transferred, demoted, or separated from his or her position except when (1) a career state employee has more than two but less than ten years or more of cumulative service moves from one exempt position covered by this subsection to another position covered by this subsection without a break in service and the employee is later removed from the last exempt position for reasons other than just cause and (2) a career State employee has ten years or more of cumulative service moves from one exempt position covered by this subsection to another position covered by this subsection without a break in service and the employee is later removed from the last exempt position for reasons other than just cause. Specifies certain priorities and guarantees the above employees receive in these circumstances. Makes technical changes.

Amends GS 126-14.2(c) making a technical correction deleting a reference to a now repealed section. 

Amends GS 126-25(b) to provide that an employee, former employee, or applicant for employment that objects to material in an employee file based on it being considered inaccurate or misleading can seek the removal of such information in accordance with a grievance procedure approved by the State Human Resources Commission (previously, was in accordance with any grievance procedure established by that specific department). 

Amends GS 126-34.02(b)(5) concerning permissible contested cases that can be heard because of failure to post or give priority consideration, providing that a career state employee can allege that he/she was denied a promotion as a result of a failure to give priority consideration for promotion as required by GS 126-7.1 or that a career state employee can allege that he or she was denied hiring as a result of the failure to give reduction-in-force priority (previously, only provided for an applicant or state employee to allege that he or she was denied hiring or a promotion or reemployment as required by GS 126-7.1).

Amends GS 126-82(d) to provide that eligible veterans with reason to believe that they did not receive a veteran's preference in accordance with the specified provisions  can appeal that denial as provided in GS 126-34.01 and GS 126-34.02 (previously, only stated they could appeal to the State Human Resources Commission). 

Amends GS 135-44(ff)(1) to provide that reinstated employees can be allowed certain associated benefits and services after meeting certain requirements, including that the reinstatement to service must have been by a court order, a final decision from an administrative law judge, or upon the approval of the Office of State Human Resources Director (previously, required the approval to be from the State Human Resources Commission). 

Amends Section 8.3 of SL 2013-382 to provide that the expiration date of Part VIII of the Session Law is June 30, 2015 (was, June 30, 2014). Further amends reporting dates in SL 2013-382 by providing additional reporting dates for the Office of State Personnel and the Office of State Budget and Management to report to the Joint Legislative Commission on Governmental Operations, requiring reports on January 31, 2015, April 30, 2015, and September 1, 2015 (previously, only required reports on January 31, 2014, April 30, 2014, and September 1, 2014). 

Sets out five areas where the Codifier of Rules must make necessary changes in nomenclature in Title 25 of the NC Administrative Rules, including changing the name of the Office of State Personnel to the Office of State Human Resources and changing the name of the State Personnel Commission to the State Human Resources Commission.

Amendment #2

Enacts new GS 90-113.73(d), concerning the reporting system for controlled substances, providing that a dispenser is not required to report instances in which a Schedule V non-narcotic, non-anorectic Schedule V controlled substance is provided directly to the ultimate user for the purpose of assessing a therapeutic response when prescribed according to indications approved by the US Food and Drug Administration.  

Amendment #3

Amends GS 132-6(d), as enacted by SL 2014-18, regarding the criteria and duration for the withholding of public records relating to the proposed expansion or location of specific business or industrial projects. Provides that once the state, a local government, or specific business has (1) announced a commitment by the business to expand or locate a specific project in this state or (2) the business has made a final decision not to do so and the state or local government agency knows or should know of the final decision, then the provisions of this subsection allowing public records to be withheld no longer apply.

Deletes language correlating whether a specific business has requested discretionary incentives for the project under GS Chapter 143B with the requirements regarding the disclosure or withholding of public records.

Specifies how records relating to the proposed expansion or location of specific businesses or industrial projects in the custody of the Department of Commerce or an entity with which the Department contracts are to be treated.

Amends GS 143B-431A, as enacted by SL 2014-18, to specify that the contract between the Department and the Economic Development Partnership of North Carolina is exempt from Articles 3 and 3C of GS Chapter 143.

Amendment #4

Effective January 1, 2015, amends GS 14-404(c1) (repealed in the 4th edition), as enacted by Section 17.2(a) of SL 2013-369, to direct the clerk of superior court (clerk) to determine which information relevant to the disqualifying conditions, as specified in subsection (c) of this section, for obtaining a pistol permit can be practicably transmitted to the National Instant Criminal Background Check System (NICS). Requires the clerk to transmit the information to NICS within 48 hours of that determination, excluding Saturdays, Sundays, and holidays (was, required the clerk to transmit a record of a judicial determination or finding to the NICS no later than 48 hours after receipt of the judicial determination or finding).

Directs the Administrative Office of the Courts to report, by October 1, 2014, to the Joint Legislative Oversight Committee on Justice and Public Safety on its findings and recommendations regarding the information required under GS 14-401(c1) that can be practicably transmitted to NICS (was, direct the AOC to study the feasibility of requiring the clerks of court to make a record of judicial determinations or findings relevant to the disqualifying conditions for obtaining a pistol permit and transmit that record to NICS).

Amends Section 17.2(c) of SL 2013-369, effective July 1, 2014, to provide that subsection (c1) of GS 14-404 becomes effective January 1, 2015 (was, July 1, 2014), and the remainder of GS 14-404, becomes effective October 1, 2013.

Repeals Section 17.2(b) of SL 2013-369, which required AOC to report to the Joint Legislative Oversight Committee on Justice and Public Safety by October 1, 2013, on the implementation of GS 14-404(c1).

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