The Daily Bulletin: Thursday, May 2, 2013
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Published on Legislative Repotting Service ( http:/
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lrs.sog.unc.edu)
The Daily Bulletin: Thursday, May 2, 20 13
PUBLIC/ HOUSE BILLS
H 83 (20 13-20 14) ENACT CON COMMITTEE RECOMMENDATIONS. Filed Feb 7 20 B. A BILL TO BE ENTITLED AN ACT
TO ELIMINATE THE MONETARY THRESHOLD FOR EXPEDITED CERTIFICATE OF NEED REVIEW; TO INCREASE THE
MONETARY THRESHOLDS TRIGGERING CERTIFICATE OF NEED REVIEW FOR CAPITAL EXPENDITURES AND THE
PURCHASE OF MAJ OR MEDICAL EQUIPMENT; TO EXEMPT REPLACEMENT EQUIPMENT FROM CERTIFICATE OF NEED
REVIEW REGARDLESS OF COST; TO REQUIRE AFFECTED PERSONS SEEKING TO FILE A PETITION FORA CONTESTED
CASE OR AN APPEAL CHALLENGING CERTIFICATE OF NEED APPROVAL TO DEPOSIT A SEPARATE BOND FOR EACH
APPROVED APPLICATION THAT IS THE SUBJ
ЕСГ
OF THE PETITION OR APPEAL, TO INCREASE THE AMOUNT OF THE
MAXIMUM BOND REQUIREMENT, AND TO GIVE THE COURT OF APPEALS GREATER DISCRETION IN IMPOSING A
HIGHER BOND AMOUNT; AND TO REQUIRE THE COURT TO AWARD COSTS AND REASONABLE ATTORNEY FEES TO ANY
CERTIFICATE OF NEED APPLI CANT WHOSE APPROVED NEW INSTITUTIONAL HEALTH SERVICE IS THE SUBJECT OF A
CONTESTED CASE PETITION DETERMINED TO BE FRIVOLOUS OR
И
LED TO DELAY THE APPLICANT.
House committee substitute the 2nd edition makes the following changes. Deletes the proposed amendment to GS
13 IE- 176( 14o), which increased the threshold amount for major medical equipment requiring CON review from
$750,000 to $1.5 million.
Intro. byTorbett, Glazier, Collins. GS 131E
Health Care Facilities and Providers, Department of
Health and Human Services, Courts/ J udiciary
H 330 (2013-2014) PLANNED COMMUNITY ACT/DECLARANT RIGHTS. Filed Mar 18 2013. A BILL TO BE ENTITLED AN
ACT AMENDING THE NORTH CAROLINA PLANNED COMMUNITY ACT REGARDING THE TRANSFER OF SPECIAL
DECLARANT RIGHTS.
House committee substitute makes the following changes to the 1st edition.
Amends GS 47F- 1- 102(c), making a technical change.
Amends the definition for affiliate of declarant in GS 47- 1- 103, adding language stating that it refers to any person
who succeeds to any special declarant rights, in addition to also referring to any person who controls, is controlled by,
or is under common control with, a declarant. Makes organizational changes, setting out the requirements to establish
if a person controls a declarant, for the purposes of this definition.
Amends subsection (c) of GS 47F-3- 104 (Transfer of special declarant rights), providing that a person acquiring title
to all of the specified property that is being foreclosed or sold, but only upon the person's request in an instrument
recorded in eveiy county in which any portion of the planned community is located, succeeds to all special declarant
rights related to that property held by that declarant and requested by the person acquiring title, unless otherwise
provided by a specified instrument or security (previously, provided for succeeding to any rights reserved in the
declaration and held by that declarant to maintain sales offices, management offices, signs advertising the planned
community, and models).
Amends GS 47F-3- 104(d), making organizational changes.
Intro, by Bryan, Stam. GS 47F
Property and Housing
H 345 (20 13-2014) INCREASE PENALTIES FOR MISUSE OF 911 SYSTEM. Filed Mar 19 2013. AN ACT TO INCREASE THE
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