Bill Summary for H 1133 (2013-2014)

Summary date: 

Jul 29 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 committee substitute makes the following changes to the 3rd edition.

Part II. ADDITIONAL TECHNICAL CORRECTIONS AND OTHER AMENDMENTS

Deletes change to subsection (f) of GS 15A-145.5,Expunction of certain misdemeanors and felonies; no age limitations, restoring provision that the subsection's expunction of records provisions do not apply to state fingerprint records.

Amends GS 18B-1001to provide that an on-premises malt beverage permit may be issued for breweries as authorized by GS 18B-1004(7) and (8) (was, breweries as authorized by GS 18B-1104(7)). Amends GS 18B-1114.5 to provide that except for a brewery operating under the provisions of GS 18B-1104(8) (was, GS 18B-1104(7)), all malt beverages sold or sampled under this section must be purchased from a licensed malt beverages wholesaler. Amends GS 18B-1116(a) to provide that a brewery qualifying to act as a wholesaler or retailer of its own malt beverages under GS 18B-1104(8) (was, GS 18B-1104(7)) is not subject to certain provisions of this subsection pertaining to financial interests involving a wholesaler or retailerregarding the brewery's transactions on its premises.

Deletes changes to GS 20-79(d) that authorized independent dealers to display a dealer license plate on a motor vehicle meeting certain requirements.

Adds a new subsection (e) to GS 65-47 to provide that a columbarium, a room or building with niches for the storage of funeral urns, that was built in compliance with the requirements of former subsection (d) of this section is not subject to Article 9 of GS Chapter 65 on or after January 23, 2015, providing that the columbarium (1) continues to exist on the grounds of a private, self-contained retirement community and (2) continues to be reserved exclusively for the use of members of that community. Effective January 23, 2015.

Deletes changes to the provisions of GS 74F-16(6), which exempts a merchant or retail or hardware store from the provisions of GS Chapter 74F, Locksmith Licensing Act, providing that the merchant or store meets certain specified conditions.

Deletes changes to GS 115C-238-29E(c) that prohibited the State Board of Education (SBE) from imposing terms and conditions restricting membership on the board of directors (Directors) of a nonprofit corporation operating a charter school but which allowed the SBE to require the Directors to adopt a conflict-of-interest policy.

Amends GS 136-200.2(j), as amended by Section 12(a) of SL 2014-58 (regarding violations of ethics requirements applicable to the Metropolitan Planning Organizations), and GS 136-211(j), as amended by Section 12(b) of SL 2014-58 (regarding violations of ethics requirements applicable to the Rural Transportation Planning Organizations), to require the State Ethics Commission (Commission) to report written allegations of violations of either of these sections to the Director of the State Bureau of Investigation (was, Attorney General) for investigation and referral to the District Attorney for possible prosecution.

Amends GS 138A-25, as amended by Section 12(c) of SL 2014-58. Amends subsection (d) to require the Commission to report the failure by any person required to file a Statement of Economic Interest to file or complete the Statement within 60 days of the receipt of notice required under this section to the Director of the State Bureau of Investigation (was, the Attorney General) for investigation and possible prosecution, unless the Commission determines that extenuating circumstances exist. Also amends subsection (e) to require the Commission to report the failure by any person required to file an additional disclosure to do so within 60 days of the receipt of notice required under this section to the Director of the State Bureau of Investigation (was, the Attorney General) for investigation and possible prosecution, unless the Commission determines that extenuating circumstances exist.

Amends GS 108A-116(b1) to provide that afinancialinstitution may challenge a subpoena toinvestigate the exploitation of disabled and older adults by filing a motion to quash or modify the subpoena within ten days (was, four business days) afterreceiptor delivery of the subpoena under subsection (b) of this section. Makes a conforming change to delete reference to obtaining an extension of ten days to file a motion to quash or modify a subpoena.

Deletes changes to GS 115C-307(g), which permitted teachers to use data management systems other than the student information management system to document student performance on a daily basis.

Makesadditionalclarifyingandtechnicalchanges.

Amends GS 143B-373, concerning the NC Capital Planning Commission (Commission), making technical and clarifying changes. Deletes the Commission's authority to adopt rules and regulations that might be required by the federal government for grants-in-aid for capital improvement purposes made available to North Carolina by the federal government. Also deletes the Commission's directive to adopt rules and regulations consistent with the provisions of GS Chapter 143B. Also deletes language that provided that prior rules adopted by the existing Commission are to remain in full force and effect unless repealed or superseded by the recreated Commission. Further deletes authority to define, by resolution, the types of proposals required to be submitted pursuant to GS 143B-373(c), regarding specific development proposals in Wake County.

Amends GS 143B-426.39 concerning the power and duties of the State Controller, deleting the State Controller's authority over the coordination of data integration and data-sharing across all NC agencies, departments, and institutions.

Amends GS 143B-426.38A (Government Data Analytics Center; State data-sharing requirements), GS 20-7(b2)(concerning disclosure of Social Security numbers) GS 20-43 (Records of DMV), and GS 105-259 (Secrecy required of officials; penalty for violation of tax information), replacing 'State Controller' with 'State Chief Information Officer' (CIO), giving the CIO all the duties and responsibilities previously assigned to the State Controller in the specified provisions.

Amends GS 143B-431A concerning Department of Commerce contracting functions, making clarifying changes and providing that members appointed by the General Assembly to the Economic Development Accountability & Standards Committee will be appointed to four-year terms beginning July 1. Further provides that the Economic Development Accountability & Standards Committee will be administratively housed in the Department of Commerce. The Department of Commerce will also be responsible for the administrative costs and staff of the Economic Development Accountability & Standards Committee. Provides that employees of any corporation that contracts with the Department of Commerce pursuant to GS 143B-431A whose annual compensation is less than $60,000 are not subject to statements of economic interest or filing requirements found in GS 138A-22 (previously, provision stated that officers, members of the governing board, and employees whose compensation was equal to or greater than $60,000 were subject to the requirements of GS 138A-22).

Deletes all proposed changes to GS 143B-437.012, the Job Maintenance and Capital Development Fund.

Deletes proposed changes to GS 143B-1157, concerning the membership of the State Community Corrections Advisory Board, providing that the Governor is only to appoint one rehabilitated ex-offender (previously appointed two ex-offenders). Provides that changes to the section are effective July 1, 2011 (previously did not have a specific effective date).

Deletes provision which previously provided for the repeal of SL 2011-259, the Dropout Recovery Pilot Program.

Deletes all provisions which were concerned with and established a two-year Dropout Prevention and Recovery Pilot Program.

Amends GS 143B-426.40A(g), concerning payroll deductions for certain employees' associations, to require that the total membership count and the state, political subdivision of the state, or public school employee membership count of a domiciled employees' association that has at least 2,000 members, 500 of whom are employees of the state, a political subdivision of the state, or public school employees must be verified and certified annually by the NC State Auditor. Also requires that the total membership count and the public school teacher membership count of a domiciled employees' association that has at least 40,000 members, the majority of whom are public school teachers, must be verified and certified annually by the NC State Auditor.

Amends Section 6 of SL 2013-417 to require that the specified reports by the Department of Health and Human Services include a detailed timeline for implementation as well as any changes to the timeline and the specific reasons for the timeline adjustment.

Amends the effective date of Section 4 of SL 2013-417 (amending GS 108A-29.1, Drug Screening and testing for Work First Program applicants and recipients). to be March 1, 2015 (was, August 1, 2014).

Amends Section 7 of SL 2014-49, making a technical change.

Deletes proposed changes to Sections 1 and 3 of SL 2011-153, concerning GTCC Innovative Resources Corporation and Guilford Technical Community College.

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