The Daily Bulletin: 2011-01-26

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The Daily Bulletin: 2011-01-26

PUBLIC/HOUSE BILLS
H 1 (2011-2012) HOUSE TEMPORARY RULES Filed Jan 26 2011, A HOUSE RESOLUTION ADOPTING THE TEMPORARY RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 2011 REGULAR SESSION.

Same as 2009 permanent rules with the following exceptions. Rule 4 is amended to modify who examines the previous day’s journal. Rule 5 requires leave of the House (approval of a majority) rather than the Speaker to deviate from the stated order of business set out in the rules. Rule 5(10) specifies the order of bills on the calendar, adding resolutions for adoption and conference reports for adoption to the top of the list and, when read together with Rule 40, provides that House bills will be heard first in numerical order (conforms to the Senate rules). Rule 6 clarifies that the specific provisions of the rules control over the Speaker’s general powers and provides that if the Speaker is absent and has not designated a member to preside, the Speaker Pro Tempore (rather than the Principal Clerk) presides. Rule 9 requires a three-fifths vote of the members present (rather than two-thirds) to overturn a ruling of the Speaker on a point of order. Rule 10 shortens the time allotments for member speeches and specifies that when a member yields for a question, that time counts against the time allotted for the member’s speech. Rule 12 removes the Speaker’s authority to waive the rule prohibiting placards, stickers, and signs on the floor. Rule 18 requires a three-fifths vote of the members present to reconsider the election of Speaker or Speaker Pro-Tem. Rule 19 allows majority and minority leaders to allocate three minutes of debate after a vote calling the question prevails (under previous rules, the vote would have ended debate). Rule 24 provides that a member may change his or her vote only with leave of the House and that such leave may not be granted if it changes the overall outcome of the vote. Rule 24.1A provides that if a member is excused from voting on a bill, the member may participate on an amendment to the bill if no conflict exists (under previous rules, the member would not have been permitted to participate on an amendment). Rule 26 provides that the Ethics Committee will be comprised of an equal number of members of each party, while other committees will be appointed by the Speaker in a manner to reflect the partisan makeup of the House. Rule 26 specifies the quorum requirements, which includes the longstanding provision allowing quorum to be met by either the majority of the committee or the chair plus five members. Revisions provide that in the latter situation (chair plus five members), at least one member of the minority party must be present. Rule 27 revises the list of standing committees and permanent subcommittees, decreasing the number of standing committees from 36 to 18 and increasing the number of permanent subcommittees from 10 to 14. Rule 28, which provides numerous rules about committee procedure, includes new language specifying that action taken by a committee in violation of that Rule is voidable unless taken by a unanimous consent at a meeting where a majority of members are present, including at least one member of the minority party. Rule 29 requires electronic notice of a committee meeting scheduled after adjournment. Rule 29.2 requires committee chairs to deliver minutes to the legislative library within 5 days of adjournment, rather than 20 days. Rule 30 requires leave of the House (rather than suspension of the rules) to go into a committee of the whole. Rule 31 allows the title of a public bill to be amended on the floor but only if the amendment is germane to the bill (under previous rules, such amendments were prohibited). Rule 31.1 specifies the new bill filing and crossover deadlines and clarifies that House resolutions and joint resolutions are subject to the same filing deadline as substantive public bills. Rule 31.1 also provides that members may file only 10 public bills, except those requested to be introduced by a study commission. Rules 34 and 35 are amended to reduce the number of paper copies of bills generated for each member and for the Principal Clerk’s office. Rule 36.1 requires fiscal notes in some circumstances before a floor vote can be taken; amendments provide that a fiscal memoranda (which is a less comprehensive document from the Fiscal Research Division) also satisfy this requirement. Rule 36.4 provides that the budget bill must not include provisions unrelated to the appropriation of money or the raising of revenue. Amends the rule to establish a remedy for a violation of that provision; if a point of order is sustained against the budget bill for such a violation, the bill will be returned to the committee for a substitute or amendment that removes the provision. Amends Rule 39 to remove the provisions allowing a bill to be recalled from committee and replaced with a new process for pursuing a Discharge Petition. Amends Rule 41 to eliminate the requirement that the second and third readings of bills affecting fees take place on separate days (i.e., “roll-call bills”). Makes a conforming change to Rule 20. As in previous versions of the rules, Rule 44 provides that a conference committee must only consider matters that are in difference between the two houses. The revisions to Rule 44 provide that if the Senate does not have a similar rule, the conference committee report addressing significant matters that were not in difference must be referred to a standing committee for its recommendation before the House can take further action. Rule 44 also provides that votes on the adoption of conference reports related to the budget take place two legislative days (rather than one) after the report. Rule 59 amends the process for co-sponsoring legislation. Makes technical changes throughout.

Intro. by T. Moore, LaRoque.HOUSE RES
H 2 (2011-2012) PROTECT HEALTH CARE FREEDOM Filed Jan 26 2011, TO PROTECT THE FREEDOM TO CHOOSE HEALTH CARE AND HEALTH INSURANCE.

Enacts new Article 49A to GS Chapter 58, entitled the North Carolina Health Care Protection Act. New GS 58-49A-1(a) prohibits a law or rule from (1) compelling a person to provide for health care services or medical treatment for that person, or compelling a person to contract with, or enroll in, a public or private health care system or health insurance plan; (2) interfering with a person’s right to pay directly for lawful health care services or medical treatment to preserve or enhance that person’s life or health; or (3) imposing a penalty, tax, fee, or fine on a person for providing for, or failing to provide for, health care services or medical treatment for that person, or for contracting with, or enrolling in, or failing to contract with or enroll in, a public or private health care system or health insurance plan.
New GS 58-49A-1(b) provides that the statute will not expand, limit, or modify the following: (1) the common law doctrine of necessaries, or any duty a person owes to a spouse or dependent concerning health care services or medical treatment; (2) any law regarding the legality of health care services or medical treatments in North Carolina, or any law regarding the parties authorized to provide those services; (3) any right or duty of a health care agent, related to a duly executed health care power of attorney; or (4) any law regarding the right or duty of a parent or guardian in the determination or provision of health care services or medical treatment for a minor.
New GS 58-49A-1(c) provides a private right of action to an individual aggrieved by a violation of the statute. Directs the Attorney General to bring or defend a state or federal action or proceeding on behalf of North Carolina residents, if necessary to enforce the statute.

Intro. by Stam, Barnhart, Hollo, Murry.GS 58
H 3 (2011-2012) EXCLUSIONARY RULE/GOOD FAITH EXCEPTION Filed Jan 26 2011, TO PROVIDE FOR THE ADOPTION OF THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE INTO STATE LAW.

Amends GS 15A-974 by removing the requirement that evidence be suppressed at criminal trial if it is obtained as a result of a substantial violation of the provisions of GS Chapter 15A (Criminal Procedure Act). Requests the North Carolina Supreme Court to reconsider and overrule its holding in State v. Carter that the good faith exception to the exclusionary rule, which exists under federal law, does not apply under state law.

Intro. by Stam, Ingle, Faircloth.GS 15A
H 4 (2011-2012) DISAPPROVE CLOSURE OF DOROTHEA DIX HOSPITAL Filed Jan 26 2011, TO DISAPPROVE THE CLOSURE OF DOROTHEA DIX HOSPITAL.

Disapproves the closure of Dorothea Dix Hospital by the Secretary of the Department of Health and Human Services.

Intro. by Ross, Weiss, Jackson.UNCODIFIED
H 6 (2011-2012) HOUSE PENSIONS COMMITTEE DUTIES Filed Jan 26 2011, TO ALLOW THE STATUTORY DUTIES OF THE HOUSE COMMITTEE ON PENSIONS AND RETIREMENT TO BE CARRIED OUT BY THE HOUSE COMMITTEE ON STATE PERSONNEL.

Provides that if the House of Representatives does not have a Pensions and Retirement Committee but does have a State Personnel Committee, then references to the Pensions and Retirement Committee in Article 14A (Committee on Pensions and Retirement) of GS Chapter 120 are to be construed as referring to the State Personnel Committee.

Intro. by Starnes.GS 120
H 7 (2011-2012) COMM. COLLEGES/OPT OUT OF FED'L LOAN PROGRAM. Filed Jan 26 2011, TO PROVIDE THAT CONSTITUENT INSTITUTIONS OF THE NORTH CAROLINA COMMUNITY COLLEGE SYSTEM MAY OPT OUT OF PARTICIPATION IN THE WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM.

Amends GS 115D-40.1 (Financial Assistance for Community College Students) to allow a community college board of trustees to adopt a resolution declining to participate in the William D. Ford Federal Direct Loan Program (loan program). Community colleges are required to participate in the loan program unless such a resolution is adopted. Makes conforming changes.

Intro. by Ingle, Cleveland.GS 115D
H 8 (2011-2012) EMINENT DOMAIN Filed Jan 26 2011, TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY TO CONVEY AN INTEREST IN THAT PROPERTY FOR ECONOMIC DEVELOPMENT AND TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES.

Subject to approval by voters at the statewide election on November 6, 2012, adds new Section 19.1 to Article 1 of the North Carolina Constitution prohibiting the taking of private property by eminent domain except for a public use, which does not include taking property in order to convey an interest in the property for economic development. Requires just compensation to be paid and, if demanded, determined by a jury.

Intro. by Stam, Lewis.CONST
H 9 (2011-2012) INVOLUNTARY ANNEXATION MORATORIUM Filed Jan 26 2011, TO ADOPT A MORATORIUM ON INVOLUNTARY ANNEXATIONS.

Prohibits adoption of involuntary annexation resolutions or ordinances, as provided in Parts 2 and 3 of Article 4A of GS Chapter 160A, until July 1, 2012. Tolls the effective date of any annexation ordinance already adopted but not in effect as of the date the legislation is enacted. Provides that litigation pending in any state court is stayed upon enactment of the legislation. Authorizes municipalities to amend previously adopted 2010-11 budget ordinances if the effect of this legislation is to reduce the total amount of assessed valuation estimated in that ordinance. Includes a severability clause. Expires on June 30, 2012.

Intro. by Dollar, LaRoque, L. Brown, R. Brown.UNCODIFIED

The Daily Bulletin: 2011-01-26

PUBLIC/SENATE BILLS
S 1 (2011-2012) 2011 PERMANENT SENATE RULES. Filed Jan 26 2011, ADOPTING THE PERMANENT RULES OF THE SENATE FOR THE REGULAR SESSION OF THE 2011 GENERAL ASSEMBLY.

Same as the 2009 permanent rules with the following exceptions.
Amends Rule 4 (convening and presiding in absence of president) to provide additional options in the absence of the President of the Senate (President): (1) allows the President Pro Tempore (President Pro Tem) to designate a senator to preside in the absence of the President; (2) provides that if neither the President nor the President Pro Tem is present and the President Pro Tem has not designated another Senator, then the Deputy President Pro Tem and the Rules Chair will preside in that order of priority.
Adds Rule 9 to direct the President Pro Tem to appoint a senator as the Parliamentarian. Provides that in the absence of the Parliamentarian, the Rules Committee Chair will act as Parliamentarian.
Amends Rule 10 (points of order) to provide that a Senator can appeal the Presiding Officer’s ruling on points of order to the Parliamentarian. Permits an appeal of the Parliamentarian’s decision to the Senate and requires a two-thirds vote of the Senate membership present to overturn the Parliamentarian’s decision.
Amends Rule 12 (obtaining recognition) to require that in the event that two or more members rise to speak at the same time, the Presiding Officer is to designate who speaks, giving priority to the President Pro Tem, the Deputy President Pro Tem, the Chair of the Committee on Rules and Operations of the Senate, or the Parliamentarian.
Amends Rule 15 (questions of personal privilege) to permit an appeal to the Parliamentarian of the Presiding Officer’s determination as to whether a question raised is one of personal privilege. Requires a two-thirds vote of the members present to overturn the decision of the Parliamentarian.
Amends Rule 17 (general decorum) as follows: (1) food and beverage not allowed in the galleries (was, no food or beverage allowed on either the floor or the galleries), (2) authorizes the President Pro Tem to allow the broadcasting of session via television or on the Internet, (3) removes any restrictions on the use of laptop and notebook computers by senators on the floor, (4) prohibits the use of vocal wireless communication devices on the floor or in the galleries (was, wireless communication devices), and (5) prohibits the use on the floor or in the galleries of electronic devices that cannot be muted.
Amends Rule 19 (motion; order of preference) to make a motion to resolve into the Committee of the Whole Senate a second priority in the order of precedence for motions before the Senate.
Amends Rule 20 (motions requiring a second) to add a motion to resolve into the Committee of the Whole Senate to those motions requiring a second and that are decided without debate.
Amends Rule 21 (motions to postpone to certain day and to commit) to provide that a motion to resolve into the Committee of the Whole Senate precludes debate on the main question.
Amends Rule 22 (motion to substitute) to provide that a substitute motion may not be offered when a motion to resolve into the Committee of the Whole Senate is pending.
Amends Rule 23 (motion for previous question) to provide that unless otherwise specified, a motion offered for the previous question only applies to the pending question (was, deemed to apply to the bill or resolution along with any pending amendments).
Amends Rule 24 (motion to reconsider) to delete the Vice Chair of the Senate Rules Committee’s authority to make a motion to reconsider for the sole purpose of correcting grammatical errors in the bills in the Senate in the absence of the Chair of the Senate Rules Committee.
Amends Rule 25 (use of electronic voting system) to add an identification code to the electronic voting system for a motion to resolve into the Committee of the Whole Senate.
Amends Rule 27 (pair votes) to delete pair voting.
Amends Rule 32 (list of standing /select committees). Eliminates the Information Technology Committee. Adds the committees of the Whole Senate, Insurance, and Redistricting.
Amends Rule 34 (membership of committees, quorum). Excludes the Committee on Ways and Means from minimum number requirement of five members and from defining a quorum as a majority of the committee.
Amends Rule 36.1 (committee minutes to legislative library) to add requirement that the minutes be in format and medium approved by the Chairman of the Rules Committee.
Adds content for Rules 37, 37.1, and 37.2 which apply to the Committee of the Whole Senate (Committee). (1) Permits the Senate to resolve by motion into the Committee, by a non-debatable majority. (2) Requires motion to specify what items are to be considered in the meeting as identified by the Rules Chair. (3) Restricts the authority to make the motion to the President Pro Tem., the Deputy President Pro Tem, and the Rules Chair. (4) Provides that members of the Senate are members of the Committee, and that a quorum consists of 26 members. (5) Requires that the Committee meet in the Senate Chamber. (6) Mandates electronic voting on all Committee actions. (7) Provides that the President Pro Tem. or the President Pro Tem.’s designee is the Committee Chair and designates the Principal Clerk as the Committee Assistant. (8) Provides that the Committee is not to consider committee substitutes and that while minutes are required to be kept per Rule 36.1, the Committee’s activity is not to be recorded in the journal. (9) Provides that a motion to adjourn is in order when Committee business is completed as announced by the Chair. (10) Directs the Committee Chair to report the bill and any amendments adopted by the Committee to the Senate immediately after the Committee adjourns. (11) Provides that if the Committee was resolved out of an unadjourned session, the Senate is to resume session.
Amends Rule 40 to permit up to three primary sponsors (was, one primary sponsor) and directs the Rules Chair to designate which primary sponsor is the bill manager. Permits the Principal Clerk with the approval and direction of the Rules Chair to authorize senators to co-sponsor bills electronically. Prohibits all memorializing, celebration, commendation, and commemoration resolutions from being introduced and considered in the Senate. Provides exception that permits a member to introduce a memorializing, celebration, commendation, or commemoration resolution after presenting the full draft to the Rules Chair and receiving the approval of the Rules Chair. Provides that the Rules Chair may refer the request to the full Rules Committee for approval. If either the Rules Chair or the Rules Committee approves the request, the Senator may file the resolution. Provides that the resolution, upon introduction, be placed at the end of that day’s calendar for consideration and the question decided without debate. Permits members to file one blank local bill (was, one blank bill). Prohibits filing of blank public bills.
Amends Rule 40.1 to establish bill filing deadlines for local and public bills. Local bills must be requested by March 1 and filed by March 9. Public bills must be requested by March 11 and filed by March 23.
Amends Rule 41 to establish the crossover deadline as May 12.
Repeals Rule 41.1 and makes conforming changes to Rules 42.1 and 42.2 to eliminate detailed provisions governing referral to the Committee on Ways and Means.
Amends Rule 46 and makes conforming changes to Rules 45 and 48 to eliminate the provision allowing a minority report to accompany an unfavorable report from a committee.
Amends Rule 68 to prohibit non-members from making remarks on the Senate floor. Previous rules allowed remarks from non-members in certain situations.
Amends Rule 72 to allow, rather than require, the President Pro Tempore to give preferential treatment based on length of service when assigning seats in the Senate Chamber.
Amends Rule 77 to require a three-fifths vote of the membership (rather than two-thirds) to permanently change or temporarily suspend the rules.
Effective upon adoption.

Intro. by ApodacaSENATE RES
S 1 (2011-2012) 2011 PERMANENT SENATE RULES. Filed Jan 26 2011, ADOPTING THE PERMANENT RULES OF THE SENATE FOR THE REGULAR SESSION OF THE 2011 GENERAL ASSEMBLY.

Senate amendment makes the following changes to 1st edition. Amendment #2 provides that no fewer than five senators will constitute membership for all standing committees (previous rule excepted the Committee on Ways and Means from the requirement), including the chairs, vice-chairs, and ranking minority members. Provides that a quorum of the Appropriations/Base Budget, Ways and Means, and Finance Committees will consist of a majority of the committee.

Intro. by Apodaca
S 2 (2011-2012) CHAMBERLIN'S LAW. Filed Jan 26 2011, AN ACT TO AMEND THE LAWS REGARDING CRUELTY TO ANIMALS.

Amends GS 14-360(a) to reduce the state of mind required for misdemeanor animal cruelty charge from intentionally to recklessly. Amends GS 14-360(a1) to reduce the state of mind required for felony animal cruelty charge related to intentional deprivation of necessary sustenance from maliciously to recklessly. Amends GS 14-360(b) to change the state of mind required for other felony-level animal cruelty charges from maliciously to maliciously or intentionally.
Adds new GS 14-360(b1) authorizing a court to impose additional penalties when a person pleads guilty or nolo contendre or is found guilty of felony animal cruelty pursuant to GS 14-360(b). The additional penalties include prohibiting the person from having custody of animals and ordering the person to receive a psychiatric or psychological evaluation and/or treatment.
Adds new GS 14-362.4, which makes it a Class 1 misdemeanor to fail to provide a dog with adequate shelter. Adequate shelter is defined to mean, at a minimum, an artificial shelter with a waterproof roof and specifically excludes barrels.
Effective for offenses committed on or after December 1, 2011.

Intro. by Vaughan.GS 14
S 3 (2011-2012) BROADEN SWEEPSTAKES LAW. Filed Jan 26 2011, TO BROADEN SWEEPSTAKES LAW TO INCLUDE SWEEPSTAKES THAT USE ANY TYPE OF VISUAL DISPLAY, TO SUPPLEMENT CURRENT LAW WHICH MAKES GAME PLAY OR SIMULATED GAME PLAY UNLAWFUL.

Enacts new GS 14-306.4A making it unlawful for any person to operate, or place into operation, an electronic machine or device to conduct or promote a sweepstakes. Also prohibits any mechanism that seeks to avoid, through subterfuge or pretense, application of the law, making electronic machines and devices for sweepstakes unlawful. Incorporates the definitions for electronic machine or device, enter or entry, prize, and sweepstakes from GS 14-306.4(a). Provides that nothing in the statute makes illegal any lawfully conducted activity on Indian lands. Makes the first offense of the statute a Class 2 misdemeanor, the second offense a Class H felony, and the third and any subsequent offense a Class G felony. Makes the possession of five or more machines a Class G felony. Makes each violation of the statute a separate offense. Provides that a violation of GS 14-306.4A is a lesser included offense of GS 14-306.4, and does not repeal or affect the provisions of the latter.
Makes a conforming change to GS 14-309. Includes whereas clauses.

Intro. by Vaughan.GS 14
S 4 (2011-2012) MAKE SYNTHETIC CANNABINOIDS ILLEGAL. Filed Jan 26 2011, AN ACT TO ADD SYNTHETIC CANNABINOIDS TO THE LIST OF CONTROLLED SUBSTANCES, WHICH MAKES THE UNLAWFUL POSSESSION, MANUFACTURE, OR SALE OR DELIVERY OF SYNTHETIC CANNABINOIDS CRIMINAL OFFENSES.

Amends GS 90-89 to add synthetic cannabinoids to the list of Schedule I controlled substances as title indicates. Criminal penalties (specified in GS 90-95) range from Class G felonies to Class I felonies. Effective December 1, 2011, applying to offenses committed on or after that date.

Intro. by Vaughan.GS 90
S 5 (2011-2012) HONOR JOHN MCNEILL SMITH, JR. Filed Jan 26 2011, HONORING THE LIFE AND MEMORY OF JOHN MCNEILL SMITH, JR., FORMER MEMBER OF THE GENERAL ASSEMBLY.

As title indicates.

Intro. by Vaughan.JOINT RES

The Daily Bulletin: 2011-01-26

LOCAL/HOUSE BILLS
H 5 (2011-2012) LOCAL DEANNEXATIONS (NEW). Filed Jan 26 2011, TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 2 OF ARTICLE VI OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE, BY WITHDRAWING THE DELEGATION OF AUTHORITY TO THE CITY OF KINSTON TO MAKE A CERTAIN ANNEXATION.

As title indicates. Repeals the ordinance adopted by the Kinston City Council on June 1, 2009, extending the corporate limits of Kinston. Makes act retroactively effective, beginning June 1, 2009.

Intro. by LaRoque.Lenoir

The Daily Bulletin: 2011-01-26

ACTIONS ON BILLS

Actions on Bills: 2011-01-26

PUBLIC BILLS

H 1: HOUSE TEMPORARY RULES

    House: Filed
    House: Passed 1st Reading
    House: Adopted

H 2: PROTECT HEALTH CARE FREEDOM

    House: Filed

H 3: EXCLUSIONARY RULE/GOOD FAITH EXCEPTION

    House: Filed

H 4: DISAPPROVE CLOSURE OF DOROTHEA DIX HOSPITAL

    House: Filed

H 6: HOUSE PENSIONS COMMITTEE DUTIES

    House: Filed

H 7: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROGRAM.

    House: Filed

H 8: EMINENT DOMAIN

    House: Filed

H 9: INVOLUNTARY ANNEXATION MORATORIUM

    House: Filed

S 1: 2011 PERMANENT SENATE RULES.

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Placed On Cal For 1/26/2011
    Senate: Amend Failed 1
    Senate: Amend Adopted 2
    Senate: Adopted
    Engrossed

S 2: CHAMBERLIN'S LAW.

    Senate: Filed

S 3: BROADEN SWEEPSTAKES LAW.

    Senate: Filed

S 4: MAKE SYNTHETIC CANNABINOIDS ILLEGAL.

    Senate: Filed

S 5: HONOR JOHN MCNEILL SMITH, JR.

    Senate: Filed

Actions on Bills: 2011-01-26

LOCAL BILLS

H 5: LOCAL DEANNEXATIONS (NEW).

    House: Filed

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