Bill Summary for S 112 (2013-2014)

Summary date: 

Jul 11 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 112 (Public) Filed Wednesday, February 20, 2013
AN ACT TO IMPROVE AND STREAMLINE THE REGULATORY PROCESS IN ORDER TO STIMULATE JOB CREATION, TO ELIMINATE UNNECESSARY REGULATION, AND TO MAKE VARIOUS OTHER STATUTORY CHANGES.
Intro. by Jackson.

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Bill summary

House amendments makethe following changes to the 5th edition.

Amendment #1 makes the following changes.

Amends GS 150B-21.4(b1) to provide that the term substantial economic impact as used in this subsection means an aggregate financial impact on all persons affected of at minimum $1 million (was, $3 million) in a 12-month period.

Amends new GS 150B-21.3A, adding new subsection (d1) to provide that rules adopted to conform to or implement federal law do not expire as provided by this section.Makes a conforming change to subsection (b) regarding the automatic expiration of rules. Directs the Rules Review Commission to make an annual report to the Joint Legislative Administrative Procedure Oversight Committee on any rules that do not expire under subsection (d1). Also makes a conforming change to subsection (d) regarding the subsection (d1)provision that rules adopted to conform to or implement federal law do not expire as provided by this section. Deletes requirement that the Commission must establish a schedule for the review of existing rules in accordance with this section on the effective date of this act.

Provides that subsection (c) of new GS 116-40.11 is effective when it becomes law and applies to all allegations of student violations of the disciplinary or conduct rules of a constituent institution beginning on or after the effective date (was, beginning on or after August 1, 2013).

Makes a technical change, recodifying proposed GS 160A-203 as GS 160A-204.

Amends GS 160A-174(b)(5a) to provide that a city ordinance is not consistent with state or federal law when the ordinance regulates a field that is also regulated by a state or federal statute enforced by an environmental agency and the ordinance is more stringent that the state or federal statute. Enacts new subdivision (5b) to provide that a city ordinance that is more stringent than an environmental agency'srule regulating that field isnot consistent with state or federal law. Makes conforming changes to reflect the addition of subdivision (5b). Provides in subsection (c) of this section that the limitations set out in subdivisions (5a) and (5b) do not apply to any ordinance if the adoption of the ordinance was and continues to be required in response to a serious threat to the public health, safety, or welfare that is related to local conditions and not adequately addressed in statewide statutes and rules adopted or enforced by an environmental agency. Makes additional technical changes.

Amends GS 153A-121 regarding county ordinances and requiring that those ordinances to be consistent with the Constitution and laws of North Carolinaand the United States. Clarifies that a county ordinance is not consistent with state or federal law (1) when the ordinance regulates a field also regulated by a state or federal statute enforcedby an environmental agency and the ordinance is more stringent than the state or federal statuteor(2) when the ordinance regulates a field that is also regulated by a rule adopted by an environmental agency and the ordinance is more stringent than the rule. Provides that these limitations do not apply to any ordinance if the adoption of the ordinance was and continues to be required in response to a serious threat to the public health, safety, or welfare that is related to local conditions and not adequately addressed in statewide statutes and rules adopted or enforced by an environmental agency. Makes additional technical changes.

Repeals GS 160A-386, in addition to GS 160A-385(a) (repealed in previous edition), regulations concerning qualified protests against zoning map changes. Provides that these changes are effective when the act becomes law and donot invalidate or otherwise affect any protest pending on the effective date of this section.

Deletes proposed new subsections GS 160A-211(e) and GS 153A-152(c), creating a prohibition on imposing a license, franchise, or privilege tax on persons engaged in the business of digital dispatching services for prearranged transportation services for hire.

Amends the effective date for proposed subsection GS 97-5.1, presumption that taxicab drivers are independent contractors, providing that the new section is effective when it becomes law and applies to causes of action arising on or after that date (was, applies to persons affected on or after that date).

Makes organizational changes to Section 26, GS 143-138, NC State Building Code.

Amends GS 130A-248(g), Regulation of food and lodging establishments, to require all hotels, motels, tourist homes, and other establishments that provide lodging for pay to have carbon monoxide detectors installed in specified locations. Sets out four specifications that installed carbon monoxide detectors must meet, including receiving primary power from the building's wiring and receiving power from a battery when primary power is interrupted. Provides that detectors can be combined with smoke detectors if the combined detector meets the specifications and requirements of this subdivision. Amends GS 130A-248(b), providing that the permit required by this subsection can only be issued once all of the requirements of subsection (g), as described above, are satisfied, effective October 1, 2013.

Directs the Environmental Review Commission to study the statutory models for establishing, operating, and financing certain organizations that provide water and sewer services in the stateand to determine whether, how, and to what extent the number of statutory models should be reduced and consolidated. Requires the Commission to consider and address any impacts such reduction and consolidation would have on ongoing operation and financing of existing organizations. Requires the Commission to report its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly upon its convening.

Amendment #6 amends GS 160A-174 and GS 15A-121 by removing the Department of Transportation from those entities considered an environmental agency under those statutes.

Amendment #7 amends GS 160A-174 and GS 153A-121 to add that nothing in those statutes preempts an ordinance enacted by a city/county before July 1, 2013, that prohibits placing a new billboard within the city/county's jurisdiction.

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