Bill Summary for H 92 (2013-2014)

Printer-friendly: Click to view

Summary date: 

Jul 25 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 92 (Public) Filed Tuesday, February 12, 2013
Intro. by Blust.

View: All Summaries for BillTracking:

Bill summary

Senate committee substitute makes the following changes to the 4th edition.

Amends the long title.

Makes a technical change to GS 97-29(g), correcting a cross-reference.

Makes a technical change to GS 115C-296(b)(1)c, inserting a missing comma. Effective July 1, 2017, and applies beginning with the 2017-18 school year.

Amends GS 115C-366(a3), making organizational changes and clarifying the school enrollment of military children. Provides that students not domiciled in the state are permitted to attend school if residing with an adult domiciled here if the student's parent or legal guardian was on active military duty and deployed. For the purposes of GS 115C-366(a3)(l)(g)1, the term "active duty" does not include periods of active duty for training purposes for less than 30 days. For GS 115C-366(a3)(l)(g)3, active duty is defined as found in GS 115C-407.5. Provides that assignment under GS 115C-366(a3)(l)(g) is only available if some evidence of deployment, medical discharge, retirement, or death is tendered with the required affidavits under subdivision (3) of the subsection.

Amends GS 116E-4(c), 122C-115(a), and 147-33.81(1), making technical changes.

Amends GS 160A-388(b1), making technical changes effective October 1, 2013.

Directs the Revisor of Statutes to replace the term "cash converter" with "currency converter" wherever it appears in the General Statutes.

Repeals Section 28 of SL 2013-129, concerning placement plans in juvenile cases, effective October 1, 2013.

Provides that Section 1(e) of SL 2013-284, concerning duties of the Treasurer, is repealed if Senate Bill 558 of the 2013 Regular Session becomes law.

Amends Section 2 of SL 2007-112, concerning Carteret County occupancy tax, if House Bill 14 becomes law, making conforming changes to a session law amended by two prior session laws, so that the final amendment reads as intended.

Amends GS 14-118.6(b), providing that no filing fee will be charged when filing a Notice of Denied Lien or Encumbrance Filing.

Amends GS 18B-1006(a) to allow special one-time permits, as described in GS 18B-1002(a)(5), to be issued to UNC-Chapel Hill for the Loudermilk Center for Excellence facility.

Enacts new GS 20-62.1(a)(1a)c, providing protection to the Department of Motor Vehicles (DMV) from liability if it reports a vehicle as not stolen based on available information.

Amends SL 2013-323 to direct the DMV to establish procedures and software solutions, including solutions with private entities for the tracking of salvage vehicles. Procedures and/or software solutions are to be implemented on or before October 1, 2014, with updates on implementation being submitted to the Joint Legislative Transportation Oversight Committee.

Enacts new section GS 58-50-260, concerning the NC Health Insurance Risk Pool, providing that insurance operations of the Pool will sunset January 1, 2014. Directs the Commissioner of Insurance to submit for approval a dissolution plan on or before September 1, 2013.  Sets out 10 issues the dissolution plan must address. Directs the Commissioner to approve the plan if it is found to be suitable to assure the fair, reasonable, and equitable dissolution of the Pool.

Repeals GS 58-50-225(c) effective January 1, 2015.

Repeals GS 58, Article 50, Part 6, Property and Casualty Actuarial Opinions, effective January 1, 2017.

Repeals GS 58-3-276, Notice relating to the North Carolina Health Insurance Risk Pool.

Amends GS 62-82(a), concerning notice of application for generating facilities, removing a reference to "daily" newspapers, allowing publication of notice in newspapers of general circulation without requiring them to be daily newspapers.

Amends GS 66-420(8), changing an "or" to "and," thereby excluding salvage yards from being considered secondary metals recyclers.

Amends GS 84-2.1, amending the definition of the "practice law" governing attorneys, to exclude the drafting or writing of memoranda of understanding or other mediation summaries by mediators at community mediation centers authorized by GS 7A-38.5, or by mediators of employment-related matters for UNC or constituent institutions or for an agency, commission, or board of the state of North Carolina.

Amends GS 93D-1, clarifying that a "hearing aid specialist" is a person licensed by the Board to engage in the activities within the scope of practice of a hearing aid specialist in North Carolina. Enacts new GS 93D-1.1, concerning the scope of practice of hearing aid specialists, setting out 17 activities that encompass the scope, including performing hearing aid repairs and providing hearing health education. Amends GS 93D-2, 93D-3(c)(6), 93D-5(a), 93D-6, 93D-8(a), 93D-11, 93D-12, and 93D-15, all concerning hearing aid specialists, making conforming changes.

Amends GS 97-26, concerning fees allowed for medical treatment, deleting provisions which previously provided a different schedule for payment of medical treatment for services rendered to workers' compensation patients, now providing that such payment will be based on the Medicare payment methodology.

Amends GS 115D-67.2(b) to amend the membership of the Advisory Board to the North Carolina Center for Applied Textile Technology. Effective when the section becomes law and applies to appointments made for vacancies that arise, or upon the expiration of the existing terms, of members appointed by the NC Manufactures Association Inc., whichever occurs first, with specification as to who the first two and next two appointments are to be made.

Amends GS 116-43.10(c) to remove the requirement that the UNC Board of Governors provide a report on the Academic Common Market program each biennium.

Amends GS 120-133 to provide that nothing in GS Chapter 120 or 132 is construed as a waiver of the common law attorney-client privilege nor of the common law work product doctrine with respect to legislators.

Amends GS 153A-76 to remove the provision excluding a board that has exercised the powers and duties of an area mental health, developmental disabilities, and substance abuse services board as of January 1, 2012, from the prohibition on a board consolidating an area mental health, development disabilities, and substance abuse services board into a consolidated human services board and on abolishing a board, except as provided in GS Chapter 122C.

Amends GS 136-189.10 to amend the definition of regional impact projects to specify that rail lines spanning two or more counties that are no included in (1) of the statute, do not include short line railroads. Also specifies that commuter rail, intercity rail, and light rail are included under public transportation services that span two or more counties and that serve more than one municipality. Amends the definition of division needs projects to make similar changes. Amends GS 136-189.11(b) to exclude Metropolitan Planning funds from the statute. Amends GS 136-189.11 to amend the provisions concerning the regional impact projects, the division need projects, and the criteria for nonhighway projects to require that Transportation Division Engineer local input scoring take into account public comments and adding other requirements concerning the public comments. Further amends the alternate criteria for division needs projects to include in the computation of each of the division equal shares a project required in support of a time-critical job creation opportunity which would be classified as transformation, provided that the total state investment in each fiscal year for all projects funded under the sub-subdivision does not exceed $10 million in the aggregate and $5 million per project. Amends GS 136-189.11 to clarify and add to the information that must be included on the Department's website concerning the strategic transportation investments. Amends GS 136-89.199 to provide that the designation of lanes a high-occupancy toll or other type of managed tolls must not reduce the number of existing non-toll general purpose lanes (was, existing general purpose lanes). Amends GS 120-52 to require that the Joint Legislative Transportation Oversight Committee be funded by appropriations made from the Highway Trust Fund to the Department of Transportation. Amends Section 6.1 of SL 2013-183 to require that the formula implementation report also indicate differences between the criteria and weights for highway and non-highway modes between the workgroup recommendations and the final Department recommendations. Amends GS 136-189.11 to require the Department to endeavor to continually improve the method and criteria used to score highway and non-highway projects and methods to strengthen the data collection process. Requires continuation of the workgroup process to develop improvements to the prioritization process. Specifies a nonexclusive list of workgroup participants and sets out other requirements for the workgroup. Requires an annual report to the joint Legislative Transportation Oversight Committee, beginning December 1, 2016, on any changes made to the highway or non-highway prioritization process and the resulting impact on the State Transportation Improvement Program. Amends Section 6.2 of SL 2013-183 to add that the state transportation improvement program transition report must also include recommendations to restructure maintenance operations and funding to improve efficiency, achieve greater cost effectiveness, and streamline operations to best apply limited resources to the state's maintenance needs.

Provides that if Senate Bill 485 (UNC/Report/E-Commerce/Improvements) becomes law, then GS 143-64.70 (reporting requirements for personal service contracts) is amended to delete the provision exempting the University of North Carolina from the statute.

Provides that if Senate Bill 315 (Municipal Services) and House Bill 857 (Public Contracts/Construction Methods/DB/P3) become law, then S 315, Section 5 (allowing Durham County to contract for the design and construction or design, construction, and operation of water treatment and wastewater treatment plant projects to provide services throughout the county without being subject to the specified requirements), is repealed.

Provides that if Senate Bill 402 (Appropriations Act) becomes law, then GS 143B-426.52(d) is amended to clarify that the NC Industrial Commission must adopt rules for the determination of eligibility and the processing of eugenics compensation claims in accordance with GS 150B-21.1. Adds that the rules expire on the earlier of the date all claims are finally adjudicated or June 30, 2018.

Amends GS 160A-424 to clarify that a city may not adopt or enforce an ordinance requiring any owner or rental property manager to get a permit or permission to lease or rent residential real property, except for those individual rental units (was, those properties) that have described violations.

Amends Section 1 of SL 2007-86, as amended, to provide that electronic notice of public hearings may be in lieu of traditional publication methods.

Repeals SL 2011-148 (Opt Out of Fed'l Loan Program/Comm. Colleges), SL 2011-154 (Comm. Colleges/Opt Out of Fed'l Loan Program), SL 2011-155 (Comm. Colleges/Opt Out of Fed'l Loan Program), and SL 2011-178 (Comm. Colleges/Opt Out of Fed'l Loan Prog-2).

Amends SL 2013-199 to make Section 20 (amending the definition of private passenger motor vehicle to include a pickup truck or van owned by an individual or by husband and wife or individuals in the same household if it has a gross vehicle weight of less than 14,000 and is used for specified purposes) of the act effective January 1, 2014 (was, January 1, 2015).

Provides that if House Bill 74 (Regulatory Reform Act of 2013) becomes law, Section 12, concerning child care providers' criminal history checks, is repealed.

Provides that if House Bill 269 (Children with Disabilities Scholarship Grants) becomes law, Section 7 is amended to add that a child who meets the requirements of GS 115C-112.2(a)-(e) who is also eligible for enrollment in kindergarten or first grade during the 2013-14 school year is eligible to receive a scholarship grant for the spring semester of the 2013-14 school year.

Amends GS 20-4.01, clarifying and amending the definitions for an all-terrain vehicle or ATV and utility vehicle.

Unless otherwise provided, provisions are effective when the act becomes law.