Daily bulletin [2013 : April 16]

The Daily Bulletin: Tuesday, April 16, 2013 l< UNC SCHOOL OF GOVERNMENT Published on Legislative Repotting Service ( http:/ / lrs.sog.unc.edu) The Daily Bulletin: Tuesday, April 16, 20 13 PUBLIC/ HOUSE BILLS H 272 (2013-2014) DOT CONDEMNATION CHANGES. Filed Mar 11 2013. ABILL TO BE ENTITLED AN ACT TO PROVIDE THAT INTEREST ON A DOT CONDEMNATION AWARD SHALL BE PAID FROM THE DATE OF TAKING UNTIL THE DATE THE J UDGMENT IS PAID AND TO AUTHORIZE A DEFENDANT IN SUCH AN ACTION TO RECOVER ATTORNEYS' FEES AND COSTS IF THE J UDGMENT EXCEEDS THE DEPOSIT BY TWENTY- FIVE PERCENT OR MORE. House committee substitute makes the following changes to the 2nd edition. Deletes provision that amended GS 136- 119 to specify that reasonable attorneys' fees are not to be awarded in excess of the prevailing hourly rate in the jurisdiction where the matter is tried, and instead provides that the attorneys' fees awarded are not to exceed one- third of the difference between the judgment award, plus interest, and the initial deposit. Intro, by Stam, J ackson, Bryan. GS 136 Property and Housing, Department of Transportation, Transportation H 811 (2013-20 14) AMEND PRACTICE OF FUNERAL SERVICE LAWS. Filed Apr 10 20 13. A BILL TO BE ENTITLED AN ACT AMENDING THE LAWS PERTAINING TO THE PRACTICE OF FUNERAL SERVICE. Deletes (d) of GS 58-58-97 (Provision of life insurance information upon notification of insured's death), which deemed a licensee or employee of a licensed funeral establishment unfit for practice for making a false request for information under this section or failing to do actions required by the statute. Amends GS 90-210.23 to provide that the reinspection fee for funeral establishments or embalming facilities that fail to meet the article's requirements is to be based on the actual costs of reinspection after considering the salary of any employees involved and any expenses incurred during the reinspection. Amends GS 90-210.25 to require applicants for licensure for the practice of funeral directing, for the practice of embalming, and for the practice of funeral services to have passed an exam that also includes the standards set forth in the most recent version of the Funeral Industry Practices. Allows resident trainees granted an extension of time under GS 105-249.2 to file a tax return to be given an extension of time for renewing a certificate of resident traineeship equal to the number of days that the trainee engaged in active service in the US Armed Forces is on active deployment. Allows charging a late fee of up to $50 for each work report filed after the due date. Allows the North Carolina Board of Funeral Services (Board) to revoke, suspend, or refuse to issue or renew a certificate of resident traineeship or place a trainee on probation for violations of the article or Board rules. Requires renewal of Board- issued licenses before J anuary 1 (was, February 1) of the calendar year for which the license is to be renewed. Allows the Board to suspend, revoke, or refuse to issue or renew the permit, place the permittee on a term of probation, or accept a civil penalty not to exceed $5,000 in conjunction with a term of probation or in lieu of other disciplinary action when it finds that any person permitted to transport dead bodies has engaged in any of the 11 acts, including false or misleading advertising, failing to treat a dead body with respect, and practicing funeral directing, funeral services, or embalming without a license. Deletes the timing requirement for filing applications for funeral establishment permits. Also requires the renewal application and fee for funeral establishment permits be submitted by J anuaiy 1 (was, February 1) . Prohibits issuing more than one funeral establishment permit to the same building or property. Adds to the offenses for which the Board may deem an applicant for licensure or a licensee unfit to practice to include ( 1) failure to refund any insurance proceeds received as consideration in excess of the funeral contract purchase price within 60 days, (2) failure to provide the purchased funeral goods and services or a refund of the purchase price within a reasonable time, and (3) violation of GS 58-58-97 (Provision of life insurance information upon notification of insured's death). Makes it a Class 2 misdemeanor for any person to knowingly, willfully, or file:///C|/...20Settings/kmeyer/My%20Documents/The%20Daily%20Bulletin%20%20Tuesday,%20April%2016,%202013.htm[ 4/17/2013 11:15:05 AM]