Amends GS Chapter 14 by creating new Article 36C, entitled Terrorism, enacting GS 14-288.25 through GS 14-288.29. Defines an act of terrorism as an act of violence committed with the intent to intimidate the civilian population at large or to influence, through intimidation, the conduct or activities of the government of the United States, a state, a county, or a city. New GS 14-288.26 makes it a Class B1 felony to commit or conspire to commit, or aid and abet the commission of an act of terrorism if the base offense of the act is a Class B1 or Class A felony. Also makes it a Class C felony to commit or conspire to commit or aid and abet the commission of an act of terrorism if the base offense is a Class B2 felony or a lesser offense. It is a Class D felony to solicit, invite, recruit, encourage, or otherwise cause or attempt to cause another to participate in an act of terrorism. New GS 14-288.27 makes it a violation of new GS 14-288.26 to recklessly assist, or provide land or other resources or aid in the training of anyone intending to commit an act of terrorism. New GS 14-288.28 sets forth the factors that may constitute probable cause for search and seizure of the evidence of criminal activity related to unlawful paramilitary activity, acts of terrorism, or a continuing criminal enterprise within a closed community compound, which is defined in new GS 14-288.25(4) as a community with limited public access reputed to be bound together by a common purpose or ideology. New GS 14-288.29 provides that all real and personal property used, or intended for use, derived from or realized through a violation of new Article 36C is subject to legal seizure and forfeiture. Applies to offenses committed on or after December 1, 2011.
The Daily Bulletin: 2011-02-21
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The Daily Bulletin: 2011-02-21
| Intro. by Killian. | GS 14 |
Identical to S 46, filed 2/8/11.
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 McCormick, Stevens. | Surry |
Amends GS 143-725 to relocate the North Carolina Geographic Information Coordinating Council (Council), previously located in the Governor’s Office, to the Office of the State Chief Information Officer (CIO) for organizational, budgetary, and administrative purposes. Also locates the Center for Geographic Information and Analysis (CGIA) in the CIO, directs the CIO to coordinate geographic information systems (GIS) with the CGIA, instructs the CGIA to oversee new GIS projects and expansion requests, and requires all state agencies to coordinate any GIS initiatives with the CGIA. Amends GS 143-726 to add the Executive Director of the North Carolina 911 Board as a Council member. Makes a conforming change.
Amends GS 147-33.72H to expand the purposes of the Information Technology Fund (Fund), as follows: (1) fund the CGIA; (2) fund the acquisition and management of data layers, according to the Councils priorities; and (3) fund NC OneMap. Allows the Fund to receive private grants and gifts and to include public and matching funds.
Enacts new GS 135-18.11 prohibiting, except as provided in new subsection (ii) of GS 135-4, the payment of any retirement benefits or allowances to a member of the Teachers’ and State Employees’ Retirement System (TSERs), except for a return of member contributions plus interest, if the member is convicted of a felony as listed in proposed subsection (b) of new GS 135-18.11 and the following applies: (1) the offense is committed while the member is an employee or a teacher; and (2) the conduct on which the offense is based is directly related to the member’s position as an employee or a teacher. Identifies the offenses in GS Chapter 14 (Criminal Law) and GS Chapter 90. Article 5 (NC Controlled Substances Act) that are covered by proposed GS 135-18.11. Also provides that alcohol-related offenses such as sale to underage persons (GS 18B-302) or driving while impaired (GS 20-138.1 through 20-138.5) are covered under proposed GS 135-18.11. Additionally provides that similar crimes under federal law are covered under proposed GS 135-18.11. Directs that all monies forfeited under GS 135-18.11 are to be remitted to the Civil Penalty and Forfeiture Fund.
New subsection (ii) to GS 135-4 identifies the consequences of violations of proposed GS 135-18.11 based on the teacher or employee’s status as vested or not vested. Provides that a teacher or employee who has not vested in TSERs as of July 1, 2011, forfeits all benefits under TSERs, except for a return of the member’s contributions plus interest, if the member is convicted of an offense listed under proposed GS 135-18.11 for acts committed after July 1, 2011. Provides that a teacher or employee who has vested in TSERs as of July 1, 2011, is not entitled to any creditable service accrued after July 1, 2011, if the member is convicted of an offense listed under proposed GS 135-18.11 for acts committed after July 1, 2011.
Effective July 1, 2011.
| Intro. by Howard, Ross, T. Moore, H. Warren. | GS 135 |
Enacts new Article 16 in GS Chapter 8, titled Insurance Coverage, to allow counsel for plaintiffs, in any civil proceeding, to present evidence or inquire about the existence, contents, or coverage of any liability insurance policies held by any defendant.
Effective October 1, 2011, and applies to any cause of action arising on or after that date.
| Intro. by Faison. | GS 8 |
Enacts new GS 58-40-26 to direct the Commissioner of Insurance (Commissioner) to establish and implement a comprehensive classification rating plan for professional liability insurance for physicians in North Carolina. Prohibits any classification plan or any insurer from basing any standard or rating plan for professional liability insurance, in whole or in part, directly or indirectly, on the specialty or type of medicine practiced. Specifies that the risk pool, with regard to establishing rates, will be based on the pool of all physicians licensed and practicing medicine in the state. Defines physician, as used in the statute, and lists exemptions from the statute’s application.
Directs the Commissioner to amend or adopt rules to implement the act.
Effective October 1, 2011, and applicable to policies issued or renewed on or after that date.
| Intro. by Faison. | GS 58 |
The Daily Bulletin: 2011-02-21
As the title indicates, sets the date for the elections as during the regular sessions of the House of Representatives and the Senate held on April 14, 2011. Directs each chamber to elect one member to the State Board of Community Colleges (Board) for a term of six years to begin on July 1, 2011, and to follow the procedure set out in GS 115D-2.1 for the nomination and selection of the members to the Board.
| Intro. by Preston, Soucek, Tillman. | JOINT RES |
Enacts new GS 20-79.4(b)(140a) as title indicates. Plate issuance is contingent on the receipt of at least 300 plate applications. Effective July 1, 2011.
| Intro. by Preston. | GS 20 |
Confirms unspecified appointments to the State Board of Education for terms that expire March 31, 2019.
| Intro. by Tillman, Preston, Soucek. | JOINT RES |
Identical to H 91, filed 2/14/11.
Amends Section 4 of SL 2003-425, as amended, as title indicates. Repeals current sunset date of December 31, 2011.
| Intro. by Hartsell. | UNCODIFIED |
As the title indicates.
| Intro. by Soucek, Tillman, Preston. | JOINT RES |
Identical to H 123, filed 2/16/11.
Amends Entity Ownership Requirements, GS 105-277.3(b1), to provide that the business entity ownership requirements for qualification of land at its present use value for tax purposes are met when the current owner of the land shares members in common with the previous owner of the land for the four years immediately preceding January 1 of the year for which the benefit is claimed.
Effective for taxable years beginning on or after July 1, 2011. Provides that applications for property tax relief may be filed and must be accepted at any time up to and through September 1 for the July 1, 2011, tax year.
| Intro. by Hartsell. | GS 105 |
Identical to H 124, filed 2/16/11.
Background: North Carolina's tax law maintains conformity with many provisions of the federal tax law by reference to the federal Internal Revenue Code (IRC). Each year, the General Assembly decides whether to update North Carolina's reference to the IRC. Under current state law, the reference date to the IRC is May 1, 2010; however, the U.S. Congress has enacted two acts that make substantial changes to the federal tax code: (1) the Small Business Jobs Act of 2010 [2010 Jobs Act] and (2) the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act [2010 Tax Relief Act]. Both Acts contain provisions that became effective retroactively on January 1, 2010.
Changes: Amends GS 105-228.90(b)(1b) to define the term Code to reference the Internal Revenue Code as enacted January 1, 2011 (was, as enacted May 1, 2010). This proposed change would conform North Carolina tax law to many of the changes made by the federal 2010 Jobs Act and the 2010 Tax Relief Act, including part of the estate tax changes, some of the enhanced section 179 expense deduction changes under the Code, and all of the business and individual income tax extenders from the federal tax legislation of 2001.
Amends GS 105-130.5(a), GS 105-130.5(b), GS 105-134.6(c), and GS 105-134.6(b) to decouple the state tax code from the extension of the bonus depreciation provision (applies only to new equipment) of the federal 2010 Jobs Act and the 2010 Tax Relief Act. The proposed legislation decouples the state tax code from the bonus depreciation provisions for 2010, 2011, and 2012, and instead requires that under state tax law, a taxpayer must add back 85% of the accelerated depreciation amount in the year that the asset is claimed for federal purposes and in subsequent tax years deduct from federal taxable income the total amount of the add-back, divided into five equal annual installments of the normal depreciation amount plus 20% of the accelerated depreciation amount the taxpayer had to add back.
Section 179 of the IRC permits the expensing of the purchase price of some business assets in the year in which they are purchased rather than taking depreciation throughout the life of the asset (applies to new and used equipment). Section 179 expense deduction provisions for 2010 and 2011 are enhanced by the federal 2010 Jobs Act. Proposed legislation enacts new subdivisions to GS 105-130.5 subsections (a) and (b) and adds new subdivisions to GS 105-134.6 subsections (b) and (c) to decouple the state tax code from the enhanced deduction limits for taxable years 2010 and 2011. Provides that the basis for the affected assets is the same for federal and state tax purposes.
Enacts new GS 105-32.2A to allow the estate of a decedent dying in 2010 that pays the federal estate tax and receives the federal stepped-up basis of the property to elect to receive the stepped-up basis for North Carolina purposes by paying the state estate tax for 2010. Details filing requirements.
Effective date: Provides that any amendments to the Internal Revenue Code enacted after May 1, 2010, that increase North Carolina taxable income for the 2010 taxable year become effective for taxable years beginning on or after January 1, 2011.
| Intro. by Hartsell, Tillman, Newton. | GS 105 |
Amends GS 41A-4(a) (unlawful discriminatory housing practices) to add that discrimination based on the receipt of housing assistance in a real estate transaction is an unlawful discriminatory housing practice. Makes a conforming change to GS 41A-4(g) (concerning land-use decisions and development permits). Makes other technical changes.
Amends GS 41A-3 to define housing assistance as a subsidy provided to defray the cost of rental housing for a household that has a member who is either (1) age 62 or older or (2) has been determined eligible for a government-funded disability program.
Enacts new subsection (c) to GS 41A-5 (proof of violation) to provide that it is not a violation of the State Fair Housing Act if the housing assistance on which the transaction is dependent is not authorized for the transaction within 14 days of the date that the landlord approves the tenant. Makes conforming and technical changes to GS 41A-5.
Makes conforming and technical changes to GS 41A-6(a) (concerning exemptions).
Effective October 1, 2011, and applies to actions taken or not taken on or after that date.
| Intro. by Kinnaird. | GS 41A |
Enacts new GS 15A-153 to prohibit any employer, educational institution, or any agency, official, or employee of the state or local government, from requiring, in any application, interview, or otherwise, an applicant to disclose information concerning any arrest or criminal charge against the applicant that has been expunged. Provides that an applicant does not need to include a reference to or information about arrests or charges that have been expunged in response to any question concerning an arrest or criminal charge that did not result in a conviction. Provides that an application for a license, permit, registration, or governmental service will not be denied solely because the applicant refuses or fails to disclose information concerning any expunction. Makes each willful violation of the statute a separate Class 1 misdemeanor. Effective December 1, 2011, and applies to offenses committed on or after that date.
| Intro. by Kinnaird, McKissick. | GS 15A |
Amends GS 105-241.7 to require the Department of Revenue (Department) to refund an overpayment by a taxpayer if the Department discovers the overpayment before the statute of limitations for obtaining a refund expires. Specifies that discovery occurs under any of the following circumstances: (1) the automated processing of a tax return indicates that the return requires additional review, (2) a review of the return by a Department employee indicates an overpayment by the taxpayer, and (3) an audit of the return by a Department employee indicates an overpayment by the taxpayer. Includes General Assembly findings concerning the application of the statute of limitations.
| Intro. by Rucho, Hartsell, Daniel. | GS 105 |
The Daily Bulletin: 2011-02-21
House committee substitute makes the following changes to 1st edition. Deletes provision that proposed to amend SL 1987-236, Section 1, by deleting SL 1983-921, Section 4, and replacing it with SL 1973-921, Section 4. Makes a conforming change to the title.
| Intro. by Tolson, Farmer-Butterfield. | Wilson |
Amends GS 147-64.6(c)(13) (State Auditor’s responsibilities) to remove the requirement that an auditee’s written response be included in the final audit report for audits of economy and efficiency and program results, if the response is received within 30 days after the draft audit report. Makes a technical change.
Amends GS 147-64.6(d) (pertaining to Auditor reports and work papers) to clarify that pertinent work papers and other supportive materials related to audits and investigations pursuant to the statute (rather than related to issued audit reports only) may be available for inspection, as specified.
Amends GS 147-64.6B(a) (concerning reports of improper governmental activities) to add that information concerning investigative decisions, actions, and dispositions is considered confidential and may be disclosed only to gather additional information for, or in furtherance of, an investigation under the statute.
Amends GS 147-64.7(a) by enacting new subdivision (3a) to provide that any authority and ready access granted to the State Auditor to examine and inspect will include information stored, modified, or transferred electronically. Lists additional criteria related to ready access.
Amends GS 135-43.4(b) (members on the Committee on Actuarial Valuation of Retired Employees’ Health Benefits) to remove the State Auditor as an ex officio member. Makes other conforming and technical changes.
Provides for an open season for taking foxes with rubber jaw or foothold traps in Lenoir County from January 2 to February 28 of each year. Specifies that no season bag limit applies to foxes taken under the provision, and directs the Wildlife Resources Commission to provide for the sale of foxes so taken.
| Intro. by LaRoque. | Lenoir |
The Daily Bulletin: 2011-02-21
Actions on Bills: 2011-02-21
H 2: PROTECT HEALTH CARE FREEDOM
H 19: PERMANENT HOUSE RULES
H 40: HONOR JOHN WEATHERLY.
H 45: ACCELERATE CLEANUP OF INDUSTRIAL PROPERTIES.
H 48: NO STANDARDIZED TESTING UNLESS REQ'D BY FEDS.
H 59: SEX OFFENDERS CAN'T BE EMS PERSONNEL.
H 125: OPT. 2ND PRIM. VOTE & SUFF. BALLOTS (NEW).
H 126: NORTH CAROLINA HEALTH BENEFIT EXCHANGE ACT.
H 127: ALLOW EXPANSION OF CAPITATED WAIVER.
H 128: FUNDS/NC SPECIAL OLYMPICS.
H 129: LEVEL PLAYING FIELD/LOCAL GOV'T COMPETITION.
H 130: WOMEN AT RISK FUNDS
H 131: FUNDS/ONE SCHOOL SUPERINTENDENT PER COUNTY.
H 132: MAKE UP SNOW DAYS WITH DISTANCE LEARNING.
H 135: EFFICIENT AND AFFORDABLE ENERGY RATES BILL.
H 136: CLARIFY 2010 IMPROVE SUCCESS OF FMPS.
H 137: TWO-THIRDS BONDS ACT OF 2011.
H 138: AMEND HEALTH INSURANCE RISK POOL STATUTES.
H 139: LIMIT CONTRIBUTIONS BY STATE VENDORS.
H 141: BOILING SPRINGS' 100TH ANNIVERSARY.
H 142: ECONOMIC DEVELOPMENT & FINANCE CHANGES (NEW).
H 143: ACH & 122C SCREENING & ASSESSMENT FUNDS.
H 144: INCREASE FAMILY COURT FEE.
H 145: PHOEBE'S LAW (NEW).
H 146: DESIGNATE KIDNEY MONTH.
H 147: FUNDS TO PREVENT INFANT MORTALITY.
H 148: VETERANS PARK DEDICATION.
H 149: TERRORISM/STATE OFFENSE.
H 151: ASK PARTY TO RELY ON NC COMPANIES AND WORKERS FOR DNC (NEW).
H 152: MODIFY NCCGIA & GICC ENABLING LAW.
H 153: NO PUBLIC RETIREMENT FOR CONVICTED FELONS (NEW).
H 154: REFORM MEDICAL MALPRACTICE EVIDENTIARY RULES.
H 155: MEDICAL MALPRACTICE INSURANCE COVERAGE.
S 17: JOINT REGULATORY REFORM COMMITTEE.
S 84: UNC BD OF GOV/STUDENT MEMBER MAY VOTE.
S 85: VETERANS PARK DEDICATION.
S 86: LAURA'S LAW.
S 87: LEVEL PLAYING FIELD/LOCAL GOV'T COMPETITION.
S 88: ELECT STATE COMMUNITY COLLEGE BD MEMBERS.
S 89: SUSTAINABLE FISHERIES SPECIAL PLATE.
S 90: STATE BOARD OF EDUCATION CONFIRMATION.
S 91: EXTEND E-NC SUNSET (NEW).
S 92: STATE BOARD OF EDUCATION CONFIRMATION.
S 93: BUSINESS ENTITY CHANGES.
S 94: PSAPS TECH STANDARDS/HABITUAL MISD LARCENY (NEW).
S 95: FAIR HOUSING ACT AMENDMENT.
S 96: PROHIBIT REQUEST TO DISCLOSE EXPUNCTION.
S 97: CLARIFY REFUNDS OF TAX OVERPAYMENTS.
Actions on Bills: 2011-02-21
H 17: WAYNE BOARD OF EDUCATION VACANCIES
H 26: HENDERSON COUNTY FIRE DISTRICTS.
H 43: INCREASE PROPERTY TAX APPEALS EFFICIENCY.
H 67: WILSON SCHOOL BOARD.
H 68: TAX CERTIFICATION - ADD COUNTIES (NEW).
H 133: LEWISVILLE ANNEXATIONS.
H 134: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROG.-2 (NEW).
H 140: OAK ISLAND/RECALL OFFICIALS.
H 150: GREENSBORO CHARTER AMENDMENTS (NEW).
H 156: LENOIR FOX TRAPPING.
S 29: TAX CERTIFICATION--ALAMANCE COUNTY.
S 39: PARMELE TOWN BOARD SIZE.
S 55: INCREASE PROPERTY TAX APPEALS EFFICIENCY
S 81: ORANGE COUNTY LOCAL DISCLOSURE ACT REPEAL.
S 82: TOWN OF ATKINSON/CHARTER AMENDMENT.
S 83: WILSON SCHOOL BOARD.
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