The Daily Bulletin: 2011-01-27

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The Daily Bulletin: 2011-01-27

PUBLIC/HOUSE BILLS
H 10 (2011-2012) HONOR TRANSYLVANIA COUNTY'S 150TH. Filed Jan 27 2011, HONORING THE FOUNDERS OF TRANSYLVANIA COUNTY ON THE OCCASION OF THE COUNTY'S ONE HUNDRED FIFTIETH ANNIVERSARY.

As title indicates.

Intro. by Guice.Transylvania
H 11 (2011-2012) NO POSTSECONDARY EDUCATION/ILLEGAL ALIENS. Filed Jan 27 2011, PROHIBITING ILLEGAL ALIENS FROM ATTENDING NORTH CAROLINA COMMUNITY COLLEGES AND UNIVERSITIES.

Amends GS 115D-1 as the title indicates. Enacts new GS 115D-1.3 to prohibit a person who is not lawfully present in the United States from being admitted to or taking any class at a community college. Provides exceptions for (1) a person who is enrolled in a secondary school at the same time that the person is taking a class or classes at a community college and (2) a person who will not be present in the United States during any portion of the class or classes taken at a community college.
Enacts new GS 116-40.11 to prohibit a person who is not lawfully present in the United States from being admitted to or taking any class at a constituent institution of the University of North Carolina (UNC). Provides exceptions for (1) a person who is enrolled in a secondary school at the same time that the person is taking a class or classes at a constituent institution and (2) a person who will not be in the United States during any portion of the class or classes taken at a constituent institution.
Effective when the act becomes law and applies to admissions and classes taken after the effective date, except provides that the act does not prevent a student enrolled in a program at a community college or at a constituent institution of UNC (1) as of the effective date or (2) during the previous term or semester, from completing that program.

Intro. by Cleveland.GS 116, GS 115D
H 12 (2011-2012) STOP METHAMPHETAMINE LABS (NEW). Filed Jan 27 2011, 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 AND TO CREATE THE CRIMINAL OFFENSE OF TRAFFICKING IN SYNTHETIC CANNABINOIDS.

Amends GS 90-89 to add synthetic cannabinoids to the list of Schedule I controlled substances, as title indicates. Defines synthetic cannabinoids. Enacts new GS 90-95(h)(2a) to make trafficking in synthetic cannabinoids (to sell, manufacture, deliver, transport, or possess more than 35 grams of a synthetic cannabinoid) punishable as a Class F felony. Details sentencing and fine guidelines. Includes whereas clauses. Effective April 1, 2011, and applies to offenses committed on or after that date.

Intro. by Cleveland, Horn, McElraft.GS 90
H 13 (2011-2012) BAN MEPHEDRONE. Filed Jan 27 2011, TO ADD MEPHEDRONE TO THE LIST OF CONTROLLED SUBSTANCES WHICH MAKES THE UNLAWFUL POSSESSION, MANUFACTURE, SALE, OR DELIVERY OF MEPHEDRONE A CRIMINAL OFFENSE.

Amends GS 90-89 to add 4-methylmethcathinone (known as mephedrone) to the list of Schedule I controlled substances in the Controlled Substances Act. Effective December 1, 2011, and applies to offenses committed on or after that date.

Intro. by Cleveland.GS 90
H 14 (2011-2012) USE R&R FUNDS FOR 2011-2012 MEDICAID COSTS (NEW). Filed Jan 27 2011, TO APPROPRIATE FUNDS FOR SIGNAGE DIRECTING TRAFFIC TO THE VIETNAM VETERANS MEMORIAL, THE BEIRUT MEMORIAL, AND THE COASTAL CAROLINA STATE VETERANS CEMETERY.

Directs the Department of Transportation to spend up to $50,000 from already-appropriated funds in the Highway Fund to replace old signs and add new signage directing motorists to cited memorials. Effective July 1, 2011.

Intro. by Cleveland, Shepard.APPROP
H 16 (2011-2012) CHILDREN'S ADVOCACY CENTERS FUNDS Filed Jan 27 2011, TO APPROPRIATE FUNDS FOR CHILDREN'S ADVOCACY CENTERS.

Appropriates $575,000 for 2011-12 from the General Fund to the Department of Health and Human Services, Office of the Secretary, to be allocated equally among the 23 certified child advocacy centers in the state for a list of specified purposes. Effective July 1, 2011.

Intro. by Parfitt, Lucas, and Glazier.APPROP

The Daily Bulletin: 2011-01-27

PUBLIC/SENATE BILLS
S 6 (2011-2012) STATE HEALTH PLAN/REFUNDS FOR NO COVERAGE. Filed Jan 27 2011, TO REQUIRE THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES TO REFUND PREMIUMS PAID WHEN THE PLAN DID NOT ACTUALLY PROVIDE COVERAGE.

Enacts new GS 135-45.12A providing that the cited health plan must (except in cases of fraud) refund premiums paid for months during which a subscriber or dependent was in fact not covered because the individual was ineligible. The plan may deduct any claims paid on behalf of the ineligible person and reasonable administrative costs related to the subscriber’s failure to notify the plan of a coverage category change in a timely manner. Provides that subscriber may, regardless of the refund, still owe the plan reimbursement for claims paid during the period of ineligibility. Effective July 1, 2008.

Intro. by Berger of Franklin.GS 135
S 7 (2011-2012) ADD CONTROLLED SUBSTANCES (NEW). Filed Jan 27 2011, TO ADD MEPHEDRONE TO THE LIST OF CONTROLLED SUBSTANCES WHICH MAKES THE UNLAWFUL POSSESSION, MANUFACTURE, SALE, OR DELIVERY OF MEPHEDRONE A CRIMINAL OFFENSE.

Identical to H 13, filed 1/27/11.

Amends GS 90-89 to add 4-methylmethcathinone (known as mephedrone) to the list of Schedule I controlled substances in the Controlled Substances Act. Effective December 1, 2011, and applies to offenses committed on or after that date.

Intro. by Brown.GS 90
S 8 (2011-2012) NO CAP ON NUMBER OF CHARTER SCHOOLS. Filed Jan 27 2011, TO REMOVE THE CAP ON THE NUMBER OF CHARTER SCHOOLS.

Repeals GS 115C-238.29D(b) (limited the number of charter schools to be authorized annually by the State Board of Education in a single school district to five).
Makes a conforming change to GS 115C-105.37B(a)(2).

Intro. by StevensGS 115C
S 9 (2011-2012) NO DISCRIMINATORY PURPOSE IN DEATH PENALTY (NEW). Filed Jan 27 2011, 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 AND TO CREATE THE CRIMINAL OFFENSE OF TRAFFICKING IN SYNTHETIC CANNABINOIDS.

Identical to H 12, filed 1/27/11.

Amends GS 90-89 to add synthetic cannabinoids to the list of Schedule I controlled substances, as title indicates. Defines synthetic cannabinoids. Enacts new GS 90-95(h)(2a) to make trafficking in synthetic cannabinoids (to sell, manufacture, deliver, transport, or possess more than 35 grams of a synthetic cannabinoid) punishable as a Class F felony. Details sentencing and fine guidelines. Includes whereas clauses. Effective April 1, 2011, and applies to offenses committed on or after that date.

Intro. by Brown.GS 90

The Daily Bulletin: 2011-01-27

LOCAL/HOUSE BILLS
H 15 (2011-2012) OPT OUT OF FED'L LOAN PROGRAM/COMM. COLLEGES (NEW). Filed Jan 27 2011, AUTHORIZING THE TOWN OF BEAUFORT TO USE PROCEEDS FROM PARKING METERS FOR THE ACQUISITION, DEVELOPMENT, AND OPERATION OF ON-STREET AND OFF-STREET PARKING FACILITIES.

Amends GS 160A-301(a), as it applies to Beaufort only, for purpose indicated in title.

Intro. by McElraft.Carteret
H 17 (2011-2012) WAYNE BOARD OF EDUCATION VACANCIES Filed Jan 27 2011, TO ALLOW THE WAYNE COUNTY BOARD OF EDUCATION TO FILL ITS OWN VACANCIES.

As title indicates (previously, the Wayne County Board of Commissioners filled vacancies). Allows the Wayne County Board of Education, before filling a vacancy, to seek recommendations from the Wayne County Board of Commissioners, which must be provided within 30 days of the request.

Intro. by Sager, LaRoque.Wayne

The Daily Bulletin: 2011-01-27

ACTIONS ON BILLS

Actions on Bills: 2011-01-27

PUBLIC BILLS

H 2: PROTECT HEALTH CARE FREEDOM

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Finance

H 3: EXCLUSIONARY RULE/GOOD FAITH EXCEPTION

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee B

H 4: DISAPPROVE CLOSURE OF DOROTHEA DIX HOSPITAL

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 6: HOUSE PENSIONS COMMITTEE DUTIES

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

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

    House: Passed 1st Reading
    House: Ref to the Com on Education, if favorable, Finance

H 8: EMINENT DOMAIN

    House: Passed 1st Reading
    House: Ref To Com On Judiciary

H 9: INVOLUNTARY ANNEXATION MORATORIUM

    House: Passed 1st Reading
    House: Ref To Com On Judiciary

H 10: HONOR TRANSYLVANIA COUNTY'S 150TH.

    House: Filed

H 11: NO POSTSECONDARY EDUCATION/ILLEGAL ALIENS.

    House: Filed

H 12: STOP METHAMPHETAMINE LABS (NEW).

    House: Filed

H 13: BAN MEPHEDRONE.

    House: Filed

H 14: USE R&R FUNDS FOR 2011-2012 MEDICAID COSTS (NEW).

    House: Filed

H 16: CHILDREN'S ADVOCACY CENTERS FUNDS

    House: Filed

S 2: CHAMBERLIN'S LAW.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

S 3: BROADEN SWEEPSTAKES LAW.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

S 4: MAKE SYNTHETIC CANNABINOIDS ILLEGAL.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

S 5: HONOR JOHN MCNEILL SMITH, JR.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 6: STATE HEALTH PLAN/REFUNDS FOR NO COVERAGE.

    Senate: Filed

S 7: ADD CONTROLLED SUBSTANCES (NEW).

    Senate: Filed

S 8: NO CAP ON NUMBER OF CHARTER SCHOOLS.

    Senate: Filed

S 9: NO DISCRIMINATORY PURPOSE IN DEATH PENALTY (NEW).

    Senate: Filed

Actions on Bills: 2011-01-27

LOCAL BILLS

H 5: LOCAL DEANNEXATIONS (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 15: OPT OUT OF FED'L LOAN PROGRAM/COMM. COLLEGES (NEW).

    House: Filed

H 17: WAYNE BOARD OF EDUCATION VACANCIES

    House: Filed

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