Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects

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77 agency may amend a rule as part of the readoption process. If a rule is readopted without substantive change or if the rule is amended to impose a less stringent burden on regulated persons, the agency is not required to prepare a fiscal note as provided by G.S. 15013-21.4." SECTION 1.6.(b) This section is effective when this act becomes law and applies to periodic review of existing rules occurring pursuant to G.S. 15013-21.3A on or after that date. APO TO MAKE RECOMMENDATIONS ON OCCUPATIONAL LICENSING BOARD CHANGES SECTION 1.7. Pursuant to G.S. 120-70.101(3a), the Joint Legislative Administrative Procedure Oversight Committee (APO) shall review the recommendations contained in the Joint Legislative Program Evaluation Oversight Committee's report, entitled "Occupational Licensing Agencies Should Not be Centralized, but Stronger Oversight is Needed," to determine the best way to accomplish the recommendations contained in the report and to improve oversight of occupational licensing boards. In conducting the review, APO shall consult with occupational licensing boards, licensees, associations representing licensees, the Department of Commerce, and other interested parties. The APO cochairs may establish subcommittees to assist with various parts of the review, including determining whether licensing authority should be continued for the 12 boards identified in the report. The APO shall propose legislation to the 2016 Regular Session of the 2015 General Assembly. TECHNICAL CORRECTIONS SECTION 1.8.(a) G.S. 20-116 reads as rewritten: "§ 20-116. Size of vehicles and loads. (g) ... (3) A truck, trailer, or other v vehicle licensed for 7,500 pounds or less gross vehicle weight and loaded with rock, gavel, stone, or any other similar substance that could fall, blow, leak, or sift, or licensed for any gross vehicle weight and loaded with sand, r ' o f 500 1 ra loaded ai6€��Pccrrvr-mow vi rc�r�rg�0$`sP i �v�� t—d e �l, 1 1, e t .,t t o �TCxr ry , gee , �6i}°� cr�iiirirar szivrstc'�irEc-crrcrreezrrcr fa4 r, leak, sift, of dfop; shall not be driven or moved on any highway unless: a. The height of the load against all four walls does not extend above a horizontal line six inches below the top when loaded at the loading point; b. The load is securely covered by tarpaulin or some other suitable covering; or C. The vehicle is constructed to prevent any of its load from falling, dropping, sifting, leaking, blowing, or otherwise escaping therefrom. SECTION 1.8.(b) If House Bill 44, 2015 Regular Session becomes law, then House Bill 44 is amended by adding a new section to read: "SECTION 31.(a) G.S. 160A-381(c) reads as rewritten: "(c) The regulations may also provide that the board of adjustment, the planning board, or the city council may issue special use permits or conditional use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein and may impose reasonable and appropriate conditions and safeguards upon these permits. Conditions and safeguards imposed under this subsection shall not include requirements for which the city does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the city. When deciding special use permits or conditional use permits, the city council or planning board shall follow quasi-judicial procedures. Notice of hearings on special or conditional use permit applications shall be as provided in G.S. 160A-388(a2). No vote greater than a majority vote shall be required for the city council or planning board to issue such permits. For the purposes of this section, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the board" for calculation House Bill 765-Ratified Session Law 2015-286 Page 3