The Daily Bulletin: 2011-02-08

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The Daily Bulletin: 2011-02-08

PUBLIC/HOUSE BILLS
H 49 (2011-2012) LAURA'S LAW. Filed Feb 8 2011, TO INCREASE THE PUNISHMENT FOR DWI OFFENDERS WITH THREE OR MORE GROSSLY AGGRAVATING FACTORS, TO AUTHORIZE THE COURT TO REQUIRE CONTINUOUS ALCOHOL MONITORING FOR CERTAIN OFFENDERS, AND TO INCREASE THE COURT COSTS FOR DWI OFFENDERS.

Enacts new subsection (g) to GS 20-179 to create the Aggravated Level One punishment under the Motor Vehicle Act. Provides that a defendant subject to Aggravated Level One punishment may be fined up to $10,000 and will be sentenced to imprisonment, including a term of not less than 120 days and not more than 36 months. Makes a defendant sentenced under Aggravated Level One punishment ineligible for parole. Allows suspension of the imprisonment term only if a special probation condition is imposed, requiring the defendant to serve a term of imprisonment of at least 120 days. Prohibits crediting the time a defendant spent at an inpatient treatment facility toward the defendant’s Aggravated Level One sentence.
Amends GS 20-179 (pertaining to sentencing hearings for impaired driving convictions; determination of grossly aggravating, aggravating, and mitigating factors; and punishments) to require a judge, in a sentencing hearing, to impose the Aggravated Level One punishment under proposed GS 20-179(g) if the judge determines that three or more grossly aggravating factors apply. Amends GS 20-179(h1) to allow a judge to impose, as a condition of probation for defendants subject to Aggravated Level One, Level One, or Level Two punishments, that the defendant abstain from alcohol consumption for at least 30 days through the term of probation (was, to a maximum of 60 days). Removes provision limiting the total cost to the defendant for the continuous alcohol monitoring system to $1,000. Removes provision allowing the court to waive application of the continuous alcohol monitoring system when the court determines that the defendant should not pay for the system, and the responsible local government does not pay. Makes other conforming changes.
Amends GS 20-19(e) (concerning circumstances of license revocation) to add the following circumstance to those resulting in permanent license revocation: when a person’s license is revoked under GS 20-17(a)(2) (concerning impaired driving offenses) and the person was sentenced under the Aggravated Level One punishment (proposed GS 20-179(g)) for the offense resulting in the license revocation.
Amends GS 20-17.8 to restrict a person sentenced under the Aggravated Level One punishment to operating vehicles equipped with functioning ignition interlock systems, and to require that the person not drive with an alcohol concentration greater than 0.0. Makes technical and conforming changes.
Amends GS 7A-304(a) (regarding costs in criminal actions) to impose a cost of $100 on a defendant convicted under GS 20-138.1 or GS 20-138.2 (for impaired driving), or a second or subsequent conviction under GS 20-138.2A or GS 20-138.2B (operating a commercial vehicle, school bus, or child care vehicle after consuming alcohol), in every criminal case in the superior or district court, as indicated.
Effective December 1, 2011, and applies to offenses committed on or after that date.

Intro. by T. Moore, Hastings, Torbett, H. Warren.GS 7A, GS 20
H 50 (2011-2012) STATE OF THE STATE SPEECH. Filed Feb 8 2011, INFORMING HER EXCELLENCY, GOVERNOR BEVERLY E. PERDUE, THAT THE GENERAL ASSEMBLY IS ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND INVITING THE GOVERNOR TO ADDRESS A JOINT LEGISLATIVE SESSION OF THE SENATE AND HOUSE OF REPRESENTATIVES.

As title indicates. Sets the date and time for the joint session as 7:00 p.m. on February 14, 2011.

Intro. by T. Moore, LaRoque.JOINT RES
H 51 (2011-2012) PTA PARENTAL INVOLVEMENT/DROPOUT PREV. FUNDS. Filed Feb 8 2011, TO APPROPRIATE FUNDS FOR THE NORTH CAROLINA PTA PARENT INVOLVEMENT/DROPOUT PREVENTION INITIATIVE.

Appropriates $500,000 for 2011-12 from the General Fund to the North Carolina Congress of Parents and Teachers, Inc., to be used as the title indicates. Effective July 1, 2011.

Intro. by Lucas, Glazier.APPROP
H 52 (2011-2012) THE CASTLE DOCTRINE. Filed Feb 8 2011, TO CLARIFY WHEN A PERSON MAY USE DEFENSIVE FORCE TO PROTECT AGAINST THE UNLAWFUL AND FORCIBLE ENTRY INTO THE PERSON'S DWELLING BY ANOTHER, TO PREVENT THE REMOVAL OF A PERSON AGAINST HIS OR HER WILL FROM THE PERSON'S DWELLING, AND TO PROVIDE THAT A PERSON IS JUSTIFIED IN USING DEFENSIVE FORCE IN THESE CIRCUMSTANCES AND SO IS IMMUNE FROM CRIMINAL PROSECUTION AND CIVIL ACTION FOR THE USE OF SUCH FORCE.

Identical to S 34, filed 2/3/11.

Repeals GS 14-51.1 (use of deadly force against an intruder) and enacts new GS 14-51.2 providing that a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to self or another when using defensive force that is intended or likely to cause death or great bodily harm to another if both of the following apply: (1) the person against whom the force was used was in the process of unlawfully and forcefully entering, or had so entered, a dwelling, or had removed or attempted to remove another from the dwelling and (2) the person using the deadly force knew or had reason to believe that such unlawful and forcible entry or removal had occurred.
The presumption does not apply if (1) the person against whom the force was used had a right to be in the dwelling and there is not a protective or no contact order against that person, (2) the person removed or sought to be removed is a child or grandchild or is otherwise under lawful custody or guardianship of the person against whom the defensive force is used, (3) the person using the force is engaged in other unlawful activity, (4) the person against whom the force is used is a law enforcement officer acting in the lawful performance of the officer's official duties and who has made known his status as a law enforcement officer or the person using force should have known the individual was an officer, or (5) the person against whom the force is used has discontinued all efforts to unlawfully and forcefully enter the dwelling or residence and has exited the dwelling or residence.
Provides that a person who unlawfully and by force enters or attempts to enter another's dwelling is presumed to be doing so with intent to commit an unlawful act involving force or violence.
Provides immunity for a person using force as justified by circumstances described above.
Defines terms as used in the proposed new section.
Effective December 1, 2011, and applies to offenses committed on or after that date. Provides that prosecutions for offenses committed before the effective date are not abated or affected by this act and the statutes that would be applicable to such offenses were it not for this act remain applicable to those prosecutions.

Intro. by Spear, Owens, Ingle, Crawford.GS 14
H 53 (2011-2012) HOSPITAL MEDICAID ASSESSMENT/PAYMENT PROGRAM. Filed Feb 8 2011, TO PROVIDE FOR HOSPITAL ASSESSMENTS TO BE USED TO OBTAIN MATCHING FEDERAL MEDICAID FUNDS TO REDUCE THE LOSSES HOSPITALS SUSTAIN WHEN TREATING MEDICAID AND UNINSURED PATIENTS, TO REDUCE THE INEQUITY IN MEDICAID PAYMENTS BETWEEN PUBLIC AND NONPUBLIC HOSPITALS, AND TO PROVIDE FORTY THREE MILLION DOLLARS IN ADDITIONAL FUNDING FOR THE STATE OF NORTH CAROLINA.

Identical to S 32, filed 2/2/11.

As the title indicates. Directs the Secretary of Health and Human Services (Secretary) to implement a hospital assessment program for eligible hospitals to improve funding for payments for hospital services provided to Medicaid and uninsured patients.
Requires that the hospital assessment program consist of two different assessments: (1) Equity Assessments and (2) Upper Payment Limit (UPL) Assessments. Details how each assessment is to be levied and calculated. Requires that the assessments be levied on all licensed North Carolina Hospitals; however, exempts the following from all assessments: (1) state-owned and state-operated hospitals, (2) the primary affiliated teaching hospital for each University of North Carolina medical school, (3) Critical Access Hospitals as defined in 42 CFR Section 400.202, (4) long-term care hospitals, (5) freestanding psychiatric hospitals, and (6) freestanding rehabilitation hospitals. Provides additional details regarding assessments and exemptions from those assessments, timelines, and appeal procedures. Allows for a hospital to appeal an assessment determination through a reconsideration review; however, such an appeal does not relieve the hospital from its obligation to pay any assessment due while the appeal is pending.
Provides for quarterly assessments and directs the Secretary to make payments to qualifying hospitals and transfer to the State Controller the quarterly share of $43 million. Provides additional criteria regarding the assessment process, collection of the assessment, and disbursement of the collected funds to qualifying hospitals.
Directs the Department of Health and Human Services (DHHS) to file with the Centers for Medicare and Medicaid Services (CMS) a state plan amendment with the proposed legislation's provisions for approval, no later than March 31, 2011. Allows the Secretary to levy the initial assessment, as specified, after CMS approval. Details procedures in the event that CMS revokes or modifies approval.
Allows assessments paid under the proposed legislation to be included as allowable hospital costs for a Medicaid reimbursement formula, but they may not be added as a surtax or assessment to a patient's bill. Prohibits any political subdivision of the state from licensing a hospital or imposing a tax or assessment on a hospital.

Intro. by Barnhart.UNCODIFIED
H 54 (2011-2012) HABITUAL MISDEMEANOR LARCENY. Filed Feb 8 2011, TO CREATE THE STATUS OFFENSE OF HABITUAL MISDEMEANOR LARCENY.

Enacts new Article 2D in GS Chapter 14, titled Habitual Misdemeanor Larceny. Defines convicted, misdemeanor larceny, and status offender for purposes of the proposed Article. New GS 14-7.26 makes any person who is 18 years old or older and who has been convicted of or pled guilty to three or more prior misdemeanor larceny offenses in any federal or state court in the U.S. or a combination thereof, guilty of habitual misdemeanor larceny. Declares the person a habitual misdemeanor larceny status offender. Specifies that the commission of a second or subsequent offense of misdemeanor larceny will not fall under the proposed Article 2D, unless the offense is committed after the commission of or guilty plea to the first or prior offense. Further specifies that if a person is convicted of more than one offense of misdemeanor larceny in a single session of district court or in a single week of superior court or a court in another jurisdiction, then only one of the convictions may be used to establish habitual misdemeanor larceny.
New GS 14-7.27 provides that any person charged with misdemeanor larceny and charged as a status offender, under GS 14-7.26 must, upon conviction, be sentenced and punished as a status offender as specified in proposed Article 2D.
New GS 14-7.28 requires that a person be charged separately for the misdemeanor larceny offense and for the habitual misdemeanor larceny status offense, with corresponding separate indictments, in order to sustain a status offender conviction. Details criteria for the indictment charging a person as a status offender.
New GS 14-7.29 allows a record of prior convictions of misdemeanor larceny offenses as admissible evidence, but only to prove that the person has been convicted of the former offenses. Specifies requirements for evidence of prior convictions.
New GS 14-7.30 explains trial procedures and jury instructions.
New GS 14-7.31 provides that a status offender, as defined by proposed Article 2D, be sentenced as a Class H felon upon conviction or plea of guilty under indictment. Prohibits convictions establishing a person as a status offender from being used to determine the prior record level. Specifies sentence requirements and states that conviction as a status offender under proposed Article 2D will not constitute commission of a felony for the purpose of GS 14-7.6 (sentencing habitual felons).
Effective December 1, 2011.

Intro. by Crawford.GS 14
H 55 (2011-2012) RELIEF FROM INCORRECT PATERNITY DETERMINATION. Filed Feb 8 2011, TO ALLOW RELIEF FROM A CHILD SUPPORT ORDER WHEN THE OBLIGOR IS NOT THE CHILD'S FATHER.

Amends Article 1 of GS Chapter 50 by enacting new GS 50-13.13, which provides that the father of a child who is required to pay child support may file a motion seeking relief from the child support order if the person believes that he is not the child’s father and he has either not acknowledged paternity of the child or has acknowledged paternity without knowing that he is not the biological father. The act authorizes the court to order the putative father, the child’s mother, and the child to submit to genetic paternity testing if the court believes there is good cause to believe that the putative father is not the biological father. The court may terminate the putative father’s child support obligation if the court finds any of the following: (1) the genetic test establishes that the person is not the child’s biological father; (2) he has not acknowledged paternity of the child, or he has acknowledged paternity without knowing that he is not the biological father; (3) he has not adopted the child, has not legitimated the child, or has not become the child’s legal father; or (4) he did not act to prevent the child’s biological father from asserting his parental rights. Any unpaid support due and owing before the date the order is entered remains due and owing. Effective January 1, 2012, and applies to motions for relief filed on or after that date.

Intro. by Stevens, Cleveland.GS 50
H 57 (2011-2012) PAYMENTS FOR LIEAP/CIP/UTILITY PAYMENTS ONLY. Filed Feb 8 2011, REQUIRING THAT FUNDS A RECIPIENT IS ELIGIBLE TO RECEIVE FOR THE LOW INCOME ENERGY ASSISTANCE PROGRAM OR THE CRISIS INTERVENTION PROGRAM BE USED FOR THE PAYMENT OF UTILITY SERVICES RELATED TO HEATING OR COOLING A RESIDENTIAL DWELLING ONLY AND THAT THOSE FUNDS BE PAID DIRECTLY TO THE UTILITY SERVICES VENDOR ON BEHALF OF THE RECIPIENT.

Enacts new GS 108A-25.4 as the title indicates. Directs the county department of social services to make payments directly to the vendor on behalf of the recipient. Provides that a recipient of funds who uses the payments for other purposes in violation of this statute will be subject to action by the county department of social services.

Intro. by Burr.GS 108A
H 58 (2011-2012) COMM. COLLEGES/OPT OUT OF FED'L LOAN PROG-3 (NEW). Filed Feb 8 2011, TO ENSURE THAT ALL COMMUNITY COLLEGE MULTICAMPUS CENTERS RECEIVE FUNDING UNDER THE SAME FORMULA.

Amends GS 115D-5 as title indicates. Effective July 1, 2011.

Intro. by Burr.GS 115D
H 59 (2011-2012) SEX OFFENDERS CAN'T BE EMS PERSONNEL. Filed Feb 8 2011, TO PROHIBIT SEX OFFENDERS FROM BEING EMERGENCY MEDICAL SERVICES PERSONNEL.

Amends GS 131E-159 as title indicates.

Intro. by McGrady, Mobley, Randelman, Haire.GS 131E
H 60 (2011-2012) EXTEND HEARING LOSS TASK FORCE Filed Feb 8 2011, TO EXTEND THE TASK FORCE DEVELOPING GUIDELINES FOR CONSUMERS TO USE WHEN PURCHASING A HEARING AID, AS RECOMMENDED BY THE NORTH CAROLINA STUDY COMMISSION ON AGING.

Amends SL 2010-121, as title indicates, to direct the Hearing Aid Dealers and Fitters Board to report findings and recommendations to the NC Study Commission on Aging and the Joint Legislative Health Care Oversight Committee on or before November 15, 2011.

Intro. by Pierce, Farmer-Butterfield, Weiss, Mobley.STUDY

The Daily Bulletin: 2011-02-08

PUBLIC/SENATE BILLS
S 17 (2011-2012) JOINT REGULATORY REFORM COMMITTEE. Filed Feb 1 2011, TO ESTABLISH THE JOINT REGULATORY REFORM COMMITTEE.

Senate amendment makes the following changes to 2nd edition. Increases the Committee membership from 16 to 18 and makes conforming changes.

Intro. by Brown, Rouzer, Jackson
S 22 (2011-2012) APA RULES: LIMIT ADDITIONAL COSTS (NEW). Filed Feb 1 2011, TO LIMIT NEW AGENCY REGULATORY REQUIREMENTS.

Senate committee substitute makes the following changes to 1st edition.
Amends GS 150B-19(7)(b.) to clarify that an agency may not adopt a rule that results in additional costs to those subject to the rule, unless adoption of the rule is required to respond to an act of the General Assembly or the US Congress that expressly requires the agency to adopt rules (or one of the other retained exceptions applies).

Intro. by Brown, Rouzer.
S 42 (2011-2012) MECH. LIENS/PVT LIEN AGENT (NEW). Filed Feb 8 2011, RELATING TO THE REMOTE TESTIMONY OF CHILD WITNESSES IN CRIMINAL PROCEEDINGS RELATING TO SEXUAL OFFENSES.

Enacts GS 15A-1225.1(b1) to provide that in a criminal case involving an alleged sexual offense against a child witness, the court may rely solely on lay testimony in determining (1) whether the child would suffer serious emotional distress by testifying in the defendant’s presence and (2) whether the child’s ability to communicate with the trier of fact would be impaired by so testifying, so as to authorize remote testimony by the child witness. Applies to criminal proceedings pending on or after October 1, 2011.

Intro. by Mansfield.GS 15A
S 43 (2011-2012) INCREASE FAMILY COURT FEE. Filed Feb 8 2011, TO INCREASE THE FEE AUTHORIZED TO BE CHARGED TO PERSONS RECEIVING THE SERVICES OF A SUPERVISED VISITATION AND EXCHANGE CENTER THROUGH A FAMILY COURT PROGRAM.

Amends GS 7A-314.1 to increase the fee charged by the Administrative Office of the Courts to no more than $50 (was, $30) per hour for services provided by a supervised visitation and exchange center through a family court program. Effective July 1, 2011.

Intro. by Mansfield.GS 7A
S 45 (2011-2012) EMISSIONS/SAFETY INSPECTION CHANGES. Filed Feb 8 2011, TO PREVENT AN INSPECTION STATION FROM DENYING AN INSPECTION AUTHORIZATION FOR THE MERE FACT THAT THE "CHECK ENGINE LIGHT" IS ON WITH NO UNDERLYING EMISSION OR SAFETY ISSUES WHICH WOULD REQUIRE A DENIAL AND TO LIMIT THE REQUIRED EMISSIONS AND SAFETY INSPECTIONS TO ONCE A YEAR REGARDLESS OF THE VEHICLE’S OWNERSHIP.

Adds a new subsection to GS 20-183.3 providing that a “check engine light” malfunction is not grounds for a vehicle failing inspection if the reason for the malfunction cannot be determined based on information provided by the on-board diagnostic equipment, or if the malfunction is caused by a condition not regulated by the Safety and Emissions Inspections law (GS Chapter 20, Article 3A, Part 2). Rewrites GS 20-183.4C(a)(2) to provide that a used vehicle is not required to be inspected prior to being offered for retail sale by a dealer if it has passed inspection within the previous 12 months. Effective October 1, 2011.

Intro. by East.GS 20
S 47 (2011-2012) RESTORE CONFIDENCE IN ELECTIONS (NEW). Filed Feb 8 2011, TO RESTORE JUDICIAL ELECTIONS TO A PARTISAN BASIS.

Repeals Subchapter X (Article 25) of GS Chapter 163 (providing for the nomination and election of appellate, superior, and district court judges). Makes conforming changes to GS 163-107(a) (to add justices and judges to those required to pay a filing fee to the board of elections) and to GS 163-107.1(c) (to add petition requirements for judges of the superior and district courts).
Amends GS 163-106(c) to add justices of the supreme court, judges of the court of appeals, judges of the superior courts, and judges of the district courts to the list of offices for which candidates seeking party primary nominations must file notice of candidacy as indicated. Amends GS 163-106(d) to provide that in any primary with two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, or two or more vacancies for district court judge, each candidate must designate, in writing, the applicable vacancy when filing notice of candidacy.
Amends GS 163-111(c)(1) to add justices and judges to the list of offices entitled to demand a second primary.
Amends GS 163-114 to add (1) judges of district court, (2) judges of superior court in a single-county judicial district where the district is the whole county or part of the county, and (3) judges of superior court in a multi-county judicial district, and corresponding instructions for each category, to the list of offices for purposes of filling a vacancy after a primary and before a general election. Authorizes only the county convention delegates or county executive committee members who reside in the area of the county within the relevant multi-county district to vote for the county’s representatives for the judicial district executive committee in a county that is partly in a multi-county judicial district.
Makes additional conforming changes to the following statutes: GS 138A-22(d), GS 163-22.3, GS 163-82.10B, GS 163-165.5(3), GS 163-278.100(1), GS 163-278.110(1), GS 163-1(b), and GS 163-123(g). Repeals GS 163-122(c). Makes conforming changes to GS 163-278.64(c) (concerning State Board of Elections certification of candidates). Repeals GS 163-278.64A. Makes technical changes.
Effective with respect to primaries and elections held on or after January 1, 2012.

Intro. by TillmanGS 138A, GS 163
S 48 (2011-2012) ACCELERATE CLEANUP OF INDUSTRIAL PROPERTIES. Filed Feb 8 2011, TO ALLOW THE USE OF RISK BASED REMEDIATION TO ACCELERATE THE CLEANUP OF CONTAMINATED INDUSTRIAL SITES FOR THE PURPOSE OF LIMITING HUMAN AND ENVIRONMENTAL EXPOSURE TO SAFE LEVELS, TO PROTECT CURRENT AND LIKELY FUTURE USES OF GROUNDWATER, AND TO ENSURE THE COST EFFECTIVE APPLICATION OF LIMITED PUBLIC AND PRIVATE RESOURCES.

Identical to H 45, filed 2/7/11.

Enacts new Part 8 in Article 9 of GS Chapter 130A, titled Risk-Based Environmental Remediation of Industrial Sites, to authorize the Department of Environment and Natural Resources (DENR) to approve the remediation of contaminated industrial sites based on site-specific remediation standards in circumstances where the standards are adequate to protect public health, safety, and welfare, and the environment, and are consistent with protection of current and anticipated future use of groundwater and surface water affected or potentially affected by the contamination. Enacts new GS 130A-310.65 to define 12 terms, as used in Part 8. Enacts new GS 130A-310.67 to provide that proposed Part 8 applies to remediation under the following programs and requirements, to the extent specified: (1) the Inactive Hazardous Sites Response Act of 1987; (2) the state hazardous waste management program administered pursuant to the federal Resource Conservation and Recovery Act of 1976; (3) the solid waste management program regulated under Article 9 of GS Chapter 130A; (4) the federal Superfund program administered in part by the state pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and the Superfund Amendments and Reauthorization Act of 1986 and related state law; (5) the groundwater protection corrective action requirements adopted by the Environmental Management Commission (Commission) pursuant to Article 21 of GS Chapter 143; and (6) the Oil Pollution and Hazardous Substances Control Act of 1978, Parts 1 and 2 of Article 21A of GS Chapter 143. Provides that Part 8 does not apply to remediation under the following programs or requirements: (1) the Leaking Petroleum Underground Storage Tank Cleanup program under Part 2A of Article 21A of GS Chapter 143 and promulgated rules; (2) the Dry-Cleaning Solvent Cleanup program under Part 6 of Article 21A of GS Chapter 143 and promulgated rules; or (3) the pre-1983 landfill assessment and remediation program established under GS 130A-310.6(c) through (g). Specifies that Part 8 only applies to sites where a discharge, spill, or release of contamination was reported to DENR before March 1, 2011.
Enacts new GS 130A-310.68 to require that any person who proposes to or is required to respond to the release of a contaminant at a site, must attain compliance with one of the following standards: (1) the unrestricted use standards applicable to each affected media, (2) the background standard, if that standard exceeds unrestricted use standards, (3) a site-specific remediation standard developed in accordance with proposed GS 130A-310.68(b) that is approved by DENR, or (4) any combination of remediation standards approved by DENR. Provides that site-specific remediation standards developed for each medium must achieve remediation that eliminates or reduces to protective levels any substantial present or probable future risk to human health, including sensitive subgroups, and the environment based upon the present or currently planned future use of the property. Details requirements for site-specific remediation standards as follows: (1) ambient air; (2) surface waters; (3) groundwater in relation to current and probable future use; (4) facility permits for any site covered by Part 8 will contain conditions to avoid exceeding applicable groundwater standards adopted by the Commission; (5) soil in relation to continuing groundwater contamination; (6) soil in relation to residential property, with exceptions for mixed-use developments and property with preexisting structures; (7) potential human inhalation of contaminants; (8) potential human ingestion of contaminants; (9) known or suspected carcinogens; and (10) systemic toxicants. Requires the site-specific remediation standards for each medium to be adequate to avoid foreseeable adverse effects to other media or the environment that are inconsistent with a risk-based approach.
Enacts new GS 130A-310.69 to require a person who proposes to conduct remediation to submit a remedial investigation report to DENR before submitting a remedial action plan. Requires the investigation to assess all contaminated areas of the site, including types and risk levels, and details a list of items for inclusion in the report. Requires a remedial action plan, developed and submitted to DENR, to provide for the protection of public health, safety, and welfare, and the environment. Sets forth specific criteria and information to be included in the plan, including an analysis of long-term risks and effectiveness of the proposed remediation, proof of financial assurance, toxicity, mobility or volume of contaminants, short-term risks and effectiveness of the remediation, and the ease or difficultly of implementing the remedial action plan.
Enacts new GS 130A-310.70 to require a person who proposes to remediate a site to also send a notice of intent to remediate, with specified information, to all local governments having taxing or land-use jurisdiction over the site, and to all adjoining landowners. Directs the person to submit to DENR a copy of the notice of intent, a certification that the notice was provided, and copies of all information and comments received in response.
Enacts new GS 130A-310.71 to require DENR to review and approve or disapprove a remedial action plan within 120 days after a complete plan has been submitted for review. Lists issues to be considered by DENR when reviewing a plan, and allows DENR to ask for additional information. Places the burden of demonstrating that contamination from the site will not likely migrate in the reasonably foreseeable future, and that the remedial action plan protects public health, safety, and welfare, and the environment, on the person who proposes the plan. Allows for review of a disapproved plan as provided in Article 3 of GS Chapter 150B. If DENR fails to approve or disapprove a proposed remedial action plan within 120 days after a complete plan has been submitted, then the person who submitted the plan may treat the plan as disapproved.
Enacts new GS 130A-310.72 to require the person conducting remediation under proposed Part 8, to establish financial assurance to ensure that sufficient funds are available to implement and maintain the actions or controls specified in the remedial action plan. Details methods to establish financial assurance.
Enacts new GS 130A-310.73 to provide for the attainment of approved remediation standards for a site or portion of a site, by requiring the submission of a final report and request to DENR, with notice to the local government with taxing and land-use jurisdiction. Requires that DENR issue a release from further remediation at a site if the responsible person has completed remediation to the approved remediation standard and met all requirements, with certain exceptions. Requires DENR to issue a final decision regarding a request for release within 180 days after receipt of a complete final report. Failure by DENR to issue a decision within this time period may be treated as a denial. Also provides for review of DENR's decision as provided in Article 3 of GS Chapter 150B.
Provides for compliance with other laws, the use of registered environmental consultants, and construction of Part 8.
Enacts new GS 130A-310.76 to require a person who undertakes remediation of environmental contamination under site-specific standards to pay a fee to the Inactive Hazardous Sites Cleanup Fund (Fund) in an amount equal to $4,500 for each acre or portion of an acre of contamination, with a maximum fee of $125,000, payable on submittal of the remedial action plan to DENR. Specifies uses of money from the Fund.
Reserves specified statutes for future codification.
Makes a conforming change to GS 130A-310.10(a) (regarding reporting requirements to the Joint Legislative Commission on Governmental Operations, the Environmental Review Commission, and the Fiscal Research Division). Makes technical changes.
Requires that the Secretary of Environment and Natural Resources (Secretary) make all reasonable efforts to obtain a written agreement from the United States Environmental Protection Agency that proposed Part 8, as enacted by this act, is consistent with specified federal law, as amended. 

Intro. by Allran.GS 130A
S 49 (2011-2012) INCREASE FINE FOR SPEEDING/SCHOOL ZONES. Filed Feb 8 2011, TO INCREASE THE FINE FOR SPEEDING IN A SCHOOL ZONE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED FIFTY DOLLARS.

Amends GS 20-141.1 as title indicates. Effective for offenses committed on or after December 1, 2011.

Intro. by Allran.GS 20
S 50 (2011-2012) INVITE THE GOVERNOR. Filed Feb 8 2011, INFORMING HER EXCELLENCY, GOVERNOR BEVERLY E. PERDUE, THAT THE GENERAL ASSEMBLY IS ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND INVITING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE AND HOUSE OF REPRESENTATIVES.

As title indicates. Address will be at 7:00 p.m., Monday, February 14, 2011.

Intro. by Apodaca.JOINT RES

The Daily Bulletin: 2011-02-08

LOCAL/HOUSE BILLS
H 56 (2011-2012) LOCAL ANNEXATIONS SUBJECT TO 60% PETITION (NEW). Filed Feb 8 2011, TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 1 OF ARTICLE VII 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 ROCKY MOUNT TO MAKE CERTAIN ANNEXATIONS.

As title indicates. Effective from and after June 30, 2009.

Intro. by Collins.Edgecombe, Nash

The Daily Bulletin: 2011-02-08

LOCAL/SENATE BILLS
S 44 (2011-2012) HENDERSON COUNTY FIRE DISTRICTS. Filed Feb 8 2011, TO ALLOW HENDERSON COUNTY TO INCLUDE ALL UNINCORPORATED AREAS IN A FIRE PROTECTION DISTRICT.

Identical to H 26, filed 2/1/11.

Amends SL 2000-4 to provide that the boundaries of any fire protection district in Henderson County may be changed by resolution of the Henderson County Board of Commissioners to include any unincorporated area if (1) all the unincorporated areas, except those owned by the U.S., are placed in a fire protection district and (2) no fire district contains any new noncontiguous territory, other than a noncontiguity caused by federally owned property. Makes any resolution effective on the first day of the next fiscal year. Makes a technical change.

Intro. by Apodaca.Henderson
S 46 (2011-2012) SURRY FOX AND COYOTE TAKING SEASON (NEW). Filed Feb 8 2011, TO ESTABLISH A SEASON FOR THE TRAPPING OF FOXES AND COYOTES IN SURRY COUNTY.

Provides for open season for trapping foxes and coyotes in Surry County from October 15 to March 1 of each year. Specifies that no season bag limit applies to animals taken under this provision, and directs the Wildlife Resources Commission to provide for the sale of foxes so taken.

Intro. by East.Surry
ACTIONS ON BILLS

Actions on Bills: 2011-02-08

PUBLIC BILLS

H 6: HOUSE PENSIONS COMMITTEE DUTIES

    House: Withdrawn From Com
    House: Cal For Immediate Consid
    House: Passed 2nd & 3rd Reading
    Senate: Rec From House

H 44: PROHIBIT MOBILE PHONE USE/HANDS-FREE ONLY.

    House: Passed 1st Reading
    House: Ref to the Com on Commerce and Job Development Subcommittee on Science and Technology, if favorable, Transportation, if favorable, Finance

H 45: ACCELERATE CLEANUP OF INDUSTRIAL PROPERTIES.

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

H 46: DEFENSE & SECURITY TECHN. ACCELERATOR FUNDS.

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

H 47: DEFENSE & SECURITY TECHN. ACCELERATOR FUNDS.

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

H 48: NO STANDARDIZED TESTING UNLESS REQ'D BY FEDS.

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

H 49: LAURA'S LAW.

    House: Filed

H 50: STATE OF THE STATE SPEECH.

    House: Filed
    House: Placed On Cal For 2/8/2011
    House: Passed 1st Reading
    House: Cal Pursuant 32(a)
    House: Passed 2nd & 3rd Reading
    Senate: Rec From House

H 51: PTA PARENTAL INVOLVEMENT/DROPOUT PREV. FUNDS.

    House: Filed

H 52: THE CASTLE DOCTRINE.

    House: Filed

H 53: HOSPITAL MEDICAID ASSESSMENT/PAYMENT PROGRAM.

    House: Filed

H 54: HABITUAL MISDEMEANOR LARCENY.

    House: Filed

H 55: RELIEF FROM INCORRECT PATERNITY DETERMINATION.

    House: Filed

H 57: PAYMENTS FOR LIEAP/CIP/UTILITY PAYMENTS ONLY.

    House: Filed

H 58: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROG-3 (NEW).

    House: Filed

H 59: SEX OFFENDERS CAN'T BE EMS PERSONNEL.

    House: Filed

H 60: EXTEND HEARING LOSS TASK FORCE

    House: Filed

S 7: ADD CONTROLLED SUBSTANCES (NEW).

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 2/10/2011

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

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 2/10/2011

S 13: BALANCED BUDGET ACT OF 2011.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 2/9/2011

S 17: JOINT REGULATORY REFORM COMMITTEE.

    Senate: Amend Adopted 1
    Senate: Passed 2nd & 3rd Reading
    Engrossed

S 21: ADD PROGRAM EVALUATION COMMITTEE.

    Senate: Adopted

S 22: APA RULES: LIMIT ADDITIONAL COSTS (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 40: FORENSIC SCIENCES ACT

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

S 41: HONOR RONALD REAGAN'S 100TH ANNIVERSARY.

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

S 42: MECH. LIENS/PVT LIEN AGENT (NEW).

    Senate: Filed

S 43: INCREASE FAMILY COURT FEE.

    Senate: Filed

S 45: EMISSIONS/SAFETY INSPECTION CHANGES.

    Senate: Filed

S 47: RESTORE CONFIDENCE IN ELECTIONS (NEW).

    Senate: Filed

S 48: ACCELERATE CLEANUP OF INDUSTRIAL PROPERTIES.

    Senate: Filed

S 49: INCREASE FINE FOR SPEEDING/SCHOOL ZONES.

    Senate: Filed

S 50: INVITE THE GOVERNOR.

    Senate: Filed

Actions on Bills: 2011-02-08

LOCAL BILLS

H 56: LOCAL ANNEXATIONS SUBJECT TO 60% PETITION (NEW).

    House: Filed

S 35: ORANGE CO./NO DEER HUNTING WITH DOGS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On State and Local Government

S 39: PARMELE TOWN BOARD SIZE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On State and Local Government

S 44: HENDERSON COUNTY FIRE DISTRICTS.

    Senate: Filed

S 46: SURRY FOX AND COYOTE TAKING SEASON (NEW).

    Senate: Filed

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