Bill Summary for H 1133 (2013-2014)

Summary date: 

Jul 25 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

House amendments make the following changes to the 2nd edition.

Amendment #1 amends GS 143B-437.012(d), regarding the eligibility of a business for a grant under this section from the Job Maintenance and Capital Development Fund (Fund), to make an organizational change. Deletes subdivision (4) of this subsection and instead moves the provisions of subdivision (4) to subsection (d), as subdivision (1)c., to provide that a condition of a business qualifying as a major employer is that the business is located in a development tier one area at the time it applies for a grant from the Fund.

Adds to the qualifications a business must meet to be classified as a large manufacturing employer. Requires that the manufacturing business is (1) converting its manufacturing process to change the product it manufactures, (2) investing in its manufacturing process by enhancing its pollution controls, or (3) transitioning the manufacturing process from using coal to using natural gas in order to become more energy efficient or reduce emissions. Additionally requires that a business qualifying as a large manufacturing employer must be certified by the Department of Commerce (Department) that the business has invested or intends to invest at least $50 million (was, $65 million) in private funds in improvements to real property and additions to tangible property in the project within a five-year (was, three-year) period beginning with the time the investment commences. Makes the current employment requirements applicable to tier one areas and adds employment requirements for businesses in tier two areas with populations of less than 60,000 as of July 1, 2013.

Provides that the total aggregate cost of all the agreements entered into under this section may not be more than $79 million (was, $69 million).

Makes this section effective July 1, 2014.

Amendment #4

Enacts new GS 153A-292(b1) allowing counties to use collection, disposal, and availability fees authorized by this section to cover the cost of waste management programs in the jurisdiction, including the collection of waste and the collection of litter along public roadways.

Amendment #5

Deletes all provisions concerning the abolishment of the Child Fatality Task Force.

Amendment #6

Amends GS 44A-11.2 (Identification of life agent; notice to lien agent; effect of notice), providing that service of the Notice to Lien Agent does not satisfy the service or filing requirements applicable to a Notice of Subcontract under Part 2, Article 2, of GS Chapter 44A. Provides that a Notice to Lien Agent cannot be combined with or make reference to a Notice of Subcontract or Notice of Claim of Lien upon funds. Further provides that the specified forms of notice must be legible and requires specified information to be included or designated as 'if available.'

Amends GS 44A-11.1 (Lien agent; designation and duties), to add that designation of a lien agent under the statute does not make the agent an agent of the owner for purposes of receiving a notice of subcontract.

Amends GS 110-136.3(a) regarding the required content of civil or criminal child support orders. Clarifies that all child support orders must comply with each of the listed requirements. Makes organizational changes. Enactsnew subsection (a)(4a) to provide that a child support order must include the current residence and mailing address of the custodial parent or the child if those addresses are different.

Current law provides that the requirement to include these addressesis not applicable when the court has determined thatproviding residence informationis inappropriate because the party owing child support has made verbal or physical threats that constitutedomestic violence under GS Chapter 50B. The amendment adds language that provides that the address of the custodial parent or the child is not required to becontained in a child support order if there is an existing order prohibiting disclosure of the custodial parent or child's address to the party owing child support.

Amendment #7

Amends GS 108A-116, which provides the conditions and procedures under which an investigating entity may petition the district court to issue a subpoena directing a financial institution to issue the financial records of a disabled adult or older adult customer to the investigating entity. Extends the time that a financial institution has to file a motion to quash or modify the subpoena to four business days (was, two business days) after the subpoena is received.Provides that the time to file a motion to quash or modify a subpoena may be extended to ten calendar days with a showing of good cause by the financial institution for failing to meet the four-business-days deadline.

Expands the list of reasons for which a subpoena may be challenged to include: the subpoena subjects the financial institution to an undue burden or is otherwise unreasonable or oppressive.

Makes clarifying changes to subsection (c) of GS 108A-116, providing that the subpoena delivered under subsection (b) of this section is to identify the disabled adult or older adult customer whose financial records are the subject of the subpoena.

Amendment #8

Amends SL 2011-153 to provide that the board of trustees of Guilford Technical Community College (GTCC) can lease at private sale to the GTCC Innovative Resources Corporation or its successor in interest (previously, lease at private sale allowed to the NC Center for Global Logistics, LLC) a portion of its land and improvements now or hereafter located on the Donald W. Cameron Campus of Guilford Technical Community College.

Amends Section 3 of SL 2011-153 to provide that the personnel and facilities of GTCC can be used, with appropriate consent, in connection with GTCC Innovative Resources Corporation or its successor in interest.

Amendment #9

Amends proposed language in GS 115C-307(g) concerning specific teacher reports, providing that a teacher is allowed to use a data management system other than the student information management system or other designated software to document student performance during the course of the teacher's regular duties. Provides that the teacher is still required to use the student information management system or designated software for the purpose of reporting student data as required by the local education agency, State, or federal government. Previous language provided that a teacher could not be required to use the student information management system or other designated software to report data more frequently than the schedule required to provide such data to the State or federal government.

Amendment #11

Amends the student eligibility requirements to participate in the Dropout Prevention and Recovery Pilot Program (Pilot Program) to provide that eligible students include both high school students who have (1) dropped out of high school or (2) transferred from their high school to the Pilot Program charter school. Defines high school to include ninth through twelfth grades for the purposes of this section. Provides that the decision to transfer to the charter school is to be made by the student if the student is age 18 or older, or by the student's parents or guardians.

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