Bill Summary for S 493 (2013-2014)

Summary date: 

Jun 18 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 493 (Public) Filed Wednesday, March 27, 2013
AN ACT TO PROVIDE FOR VARIOUS ADMINISTRATIVE REFORMS OF THE HEALTH AND SAFETY LAWS BY UPDATING OUTDATED STATUTES AND REGULATIONS AND MODERNIZING OR SIMPLIFYING CUMBERSOME OR OUTDATED REGULATIONS, BY STUDYING HEALTH AND SAFETY MATTERS OF CONCERN TO NORTH CAROLINA CITIZENS, AND BY MAKING VARIOUS OTHER STATUTORY CHANGES.
Intro. by Walters.

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Bill summary

The House committee substitute to the 3rd edition makes the following changes.

Part I.

Amends GS 58-71-40 to also allow the design of the shield carried by licensed bailbondsmen and runners to be altered by enameling to accommodate the license number.

Deletes Section 1.8, adjust the utility regulatory fee.

Part II.

Adds Section 2.19. Amends GS 18B-1303(b), which requires a wholesaler to service all retail permit holders within his designated territory without discrimination and to make a good faith effort to make each brand of malt beverage available to each retail permit holder in the territory, to provide that the provisions do not apply to retail permit holder private label brands.

Adds new Section 2.21. Requires the NC Building Code Council to issue rules revising the Administrative Code and Polices of the NC State Building Code to provide a procedure for approval of alternative material, design, or methods. Specifies what is to be included in the rules. Requires the Engineering Division of the Department of Insurance to provide staffing for the approval procedure. Requires the Council to post a description of the approval procedure on its website and maintain on its website a listing of any alternative materials, design, or construction within 15 days of approval. 

Adds new Section 2.22. Amends GS 143-151.8 to provide that for purposes of the Article (North Carolina Code Officials Qualification Board), willful misconduct, gross negligence, or gross incompetence also includes four additional items, including the enforcement of a code requirement applicable to a certain area or set of circumstances in other areas or circumstances not specified in the requirement, and the enforcement of a requirement that is more stringent than or otherwise exceeds the code requirement. Requires the NC Code Officials Qualification Board to, by October 1, 2014, notify all Code enforcement officials in the state of the clarification to the grounds for disciplinary action enacted by this section.

Deletes Section 2.11, improve administrative program monitoring at DPI.

Part III.

Amends GS 58-56A-1  in Section 3.3 (pharmacy benefits management regulation) to add that the definition of health benefit plan excludes the State Health Plan for Teachers and State Employees and any entity retained by that Plan while performing under contract with that Plan.

Adds new Section 3.14. Provides that notwithstanding 15A NCAC 18A .1723, a spring that tranverses a restaurant's property may be used for water service to restaurant customers, and to employees, for consumption without requiring that it be equipped with a continuous disinfection device. Also provides that the owner will not be required to submit a certification to the Department of Public Health concerning the spring, or be subject to other requirements with respect to water service from the spring, except as required by the federal Safe Drinking Water Act. Requires the Commission for Public Health to adopt rules to amend 15A NCAC 18A .1723 consistent with these provisions, at which time the provisions expire. 

Enacts new GS 130A-330 to allow a spring transversing restaurant property to be used for the purpose of water service to restaurant customers, and for employees, and makes it exempt from any requirements for disinfection of the spring water and other requirements that apply to a public water system. The provision applies only to the extent it is not preempted by the federal Safe Drinking Water Act.

Adds new Part III-A, specialty markets.

Amends GS 66-255 to add that for purposes of the registration list kept by a specialty market operator or the operator of an event where space is provided to a vendor, the exemptions in GS 66-256 that are applicable to farmers markets and tailgate markets apply.

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