House committee substitute makes the following changes to 1st edition. Amends GS 115D-40.1 to require the State Board of Community Colleges to ensure the availability of at least one counselor at each college to inform students about available federal programs and funds to assist community college students [was, ensure at least one counselor available at each college participating in the William D. Ford Federal Direct Loan Program (Program)]. Provides that the board of trustees of any community college that has adopted a resolution declining to participate in the Program may rescind the resolution and participate in the Program; however, the community college cannot again decline to participate in the Program at some other time. Changes the effective date to July 1, 2011 (was, effective when the act becomes law).
The Daily Bulletin: 2011-02-22
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The Daily Bulletin: 2011-02-22
Intro. by Ingle, Cleveland. |
House amendments make the following changes to 2nd edition. Amendment #2 amends Rule 31.1(g), which provides that no member may introduce more than 10 public bills to permit a member to assign a portion of this limit to another member by notifying the Principal Clerk in writing on a form prepared by the Principal Clerk. Amendment #3 amends Rule 59(a) to clarify that the rule refers to a preprinted cosponsor and a computer-generated draft. Amendment #4 adds Rule 44.2, Veto Override, to prohibit, other than in a reconvened session: (1) taking a vote on overriding a gubernatorial veto on a House of Representatives bill until the second legislative day following notice of its placement on the calendar and (2) taking a vote on overriding a gubernatorial veto on a Senate bill until the legislative day following notice of its placement on the calendar. Amendment #5 clarifies that committee notices may be sent to members electronically and by mail if requested.
Intro. by T. Moore, LaRoque. |
House Committee substitute makes the following changes to 1st edition.
Amends proposed GS 113-291.1(k) to extend the act’s scope to include big game animals (was, deer) and makes a conforming change to the title. Clarifies that a hunter may use a portable light source (was, a handheld light) and a single dog on a leash to retrieve the dead or wounded big game animal. Clarifies that a hunter may dispatch a wounded big game animal using only a .22-caliber rimfire pistol or a handgun (was, a weapon) otherwise legal for that hunting season. Prohibits pursuit and retrieval accomplished with a motor vehicle or a portable light source between the hours of 11:00 p.m. and one-half hour before sunrise.
Intro. by Moore. |
Identical to S 84, filed 2/17/11.
Amends GS 116-6.1 as title indicates. Also removes the provision allowing the UNC Association of Student Governments president's designee to serve as an ex officio member of the Board of Governors.
Intro. by Adams, Brandon. | GS 116 |
Subject to approval by the voters at the November 2012 general election, adds a new Section 25 to Article II of the North Carolina Constitution, effective upon certification, setting term limits as follows: (1) no person may be elected to more than four consecutive terms to the House of Representatives (House) and (2) no person may be elected to more than four consecutive terms to the Senate. Also provides that if a person fills a vacancy and takes office during the first calendar year of the term, the filling of that vacancy is considered as election to a term for the purpose of the term limits proposed in new Section 25. Provides that terms of office beginning before January 1, 2011, are not to be considered for the purpose of Section 25. Prohibits a person disqualified under proposed Section 25 from election to the next succeeding term from filling a vacancy in the succeeding term.
Intro. by Rhyne, Killian. | CONST |
Enacts new GS 20-7(q1), directing the Division of Motor Vehicles (DMV) to develop a veteran military designation for driver’s licenses that may be granted to state residents who are honorably discharged from military service in the United States Armed Forces. Requires an applicant requesting such designation to produce verifying documentation from the federal government.
Makes a clarifying change to GS 20-7(q) to distinguish Active Duty Military Designation.
Effective when the DMV has completed implementation of the Next Generation Secure Driver License System or on July 1, 2012, whichever occurs first, and applies to driver’s licenses issued on or after that date.
Intro. by Goodman. | GS 20 |
Enacts new GS 105-269.7 to allow an individual entitled to an income tax refund to elect to contribute all or part of the refund to the Cancer Prevention and Control Branch of the Division of Public Health of the Department of Health and Human Services (Branch) to support early detection of breast and cervical cancer. Requires that an explanation stating that the contributions will be used for early detection of breast and cervical cancer only be included in the income tax instructions. Directs the Secretary of Revenue to transmit all contributions to the State Treasurer, who will then distribute the funds to the Branch.
Clarifies that the funds generated by the income tax return election will supplement, and not replace, current appropriations for early detection of breast and cervical cancer.
Effective for taxable years beginning on or after January 1, 2011.
Intro. by Dollar, Justice, Howard, Stevens. | GS 105 |
Transfers the State Health Plan for Teachers and State Employees (Plan) to the Department of State Treasurer. Makes corresponding changes to GS 135-43, 135-43.3, 135-43.6, 135-44.2, 135-44.7, and 135-44.8 and corresponding repeal of GS 135-43.1 and 135-43.2. Further amends GS 135-43(b) to clarify that the public records provisions in the subdivision concerning contracts between the Plan and its third party administrator or its pharmacy benefit manager do not prevent releasing information that is not made a public record to the Plan’s Board of Trustees. Effective September 1, 2011.
Intro. by Dollar, Blackwell, Hurley. | GS 135 |
Enacts new subsection (a5) to GS 143-215.1 to provide that a permit will not be required for a wastewater management system for the treatment and disposal of wastewater produced from activities related to processing agricultural products, provided all of the following conditions are met: (1) the activities are carried out by the owner of the agricultural products, (2) the activities produce no more than 1,000 gallons of wastewater per day, (3) the wastewater is disposed of by land application, (4) no wastewater is discharged to surface waters, and (5) the wastewater disposal does not violate any surface water or groundwater standards.
Intro. by Langdon, Dixon, McCormick, Spear. | GS 143 |
The Daily Bulletin: 2011-02-22
Senate amendment makes the following changes to 2nd edition. Deletes proposed changes to GS 105-278.4 (real and personal property used for educational purposes) that added charter schools to the educational entities whose buildings and land are designated as exempt from taxation under specified requirements. Renumbers the remaining sections accordingly. Makes additional conforming changes.
Intro. by Stevens |
Senate committee substitute makes the following changes to 1st edition. Adds a new section allowing an annexation ordinance adopted under Parts 2 or 3 of Article 4A of GS Chapter 160A that has an effective date of June 30, 2011, to become effective on that date if all of the following are met: (1) the ordinance was adopted before the act’s effective date, (2) the adoption of a resolution of consideration preceded the ordinance, (3) a legal challenge to the ordinance has not been filed, (4) the time for filing a legal challenge to the ordinance has expired, and (5) the municipality has incurred or contracted to incur expenditures exceeding $5 million in connection with annexation as of the act’s effective date. Makes a conforming change.
Intro. by Brock, Newton, Goolsby. |
Senate committee substitute makes the following changes to 1st edition.
Deletes the provisions of the 1st edition and instead enacts new Article 7, Hospital Provider Assessment Act, in GS Chapter 108A incorporating the provisions of the 1st edition into the new Article. Specifies that both the Equity Assessment and the Upper Pay Limit (UPL) Assessment include inpatient and outpatient components. In the previous version, the Equity Assessment included both inpatient and outpatient components, but the UPL Assessment consisted solely of an inpatient component. Also includes definitions applicable to the new Article 7.
Directs the Department of Health and Human Services to file a State Plan amendment with the Centers for Medicare and Medicaid Services, as required by proposed Article 7, by March 31, 2011.
Intro. by Brunstetter, Clodfelter. |
Senate committee substitute makes the following changes to 1st edition. Amends the long title to AN ACT TO PROVIDE WHEN A PERSON MAY USE DEFENSIVE FORCE, INCLUDING FORCE THAT IS INTENDED OR LIKELY TO CAUSE DEATH OR SERIOUS BODILY HARM, AND TO CREATE A PRESUMPTION THAT A PERSON IS PRESUMED TO HAVE HELD A REASONABLE FEAR OF IMMINENT PERIL OF DEATH OR SERIOUS BODILY HARM IN CERTAIN CIRCUMSTANCES.
Defense of home, motor vehicle, or workplace. Amends proposed GS 14-51.2 adding definitions for home, motor vehicle, and workplace. Deletes definitions for criminal prosecution, dwelling and residence. Adds the definition for home and includes the concept of curtilage (the area of land immediately surrounding a home that is enclosed or considered to be enclosed) in that definition. Adds workplace and motor vehicle to the places where a lawful occupant who uses defensive force that is intended or likely to cause death or serious bodily harm is presumed to have held a reasonable fear of imminent death or serious bodily harm (was, fear of imminent peril of death or great bodily harm) to self or to another. Deletes the words “dwelling or residence” wherever they appear and replaces them with “home, motor vehicle, or workplace.” Provides that a person who uses force as permitted by this proposed statute in defense of home, motor vehicle, or workplace is immune from criminal and civil liability (was, criminal prosecution and civil action) except if the force is used against a law enforcement officer acting lawfully (was, acting) in the performance of the officer’s official duties and the officer provided identification or the person using the force knew or reasonably should have known that the person was a law enforcement officer lawfully acting in performance of the officer’s official duties. Clarifies that the presumption applies to a lawful occupant of the home, motor vehicle, or the workplace (was, applies to a person). Adds that a lawful occupant of the home, motor vehicle, or the workplace has no duty to retreat. Preserves all applicable common law defenses.
Defense of self or another. Enacts new GS 14-51.3 providing that a person may use force, but not deadly force, in the defense of self or of others if the person reasonably believes that the use of force is a necessary defense against the imminent use of unlawful force by another. However, provides that a person is justified in the use of deadly force and has no duty to retreat in any place the person has the lawful right to be if: (1) the person reasonably believes that the use of deadly force is necessary to prevent imminent death or great bodily harm to self or to another; or under the circumstances permitted under proposed GS 14-51.2. Provides that a person who uses force as permitted in proposed GS 14-51.3 is immune from civil or criminal liability except if the person against whom the force is used is a law enforcement officer acting lawfully in the performance of the officer’s official duties and the officer provided identification or the person using the force knew or reasonably should have known that the person was a law enforcement officer lawfully acting in performance of the officer’s official duties.
Intro. by Brock, D. Berger, Harrington. |
Amends GS 132-1.4(c)(4) to add that the contents of “911” and other emergency telephone calls that reveal the natural voice will not be a public record under GS 132-1. Further adds that the contents of “911” and other emergency telephone calls may be released in the form of a written transcript or altered voice reproduction in order to protect the identity of the complaining witness. However, requires the original be provided under process for use as evidence in any relevant civil or criminal proceeding.
Intro. by McKissick, Atwater. | GS 132 |
Directs the Department of Commerce (Department) to contract with an independent consulting firm that specializes in unemployment insurance and employment security reform, to obtain recommendations on tax structure changes and on how the revenues and other financial options may service and liquidate the state’s debt liability for unemployment insurance benefits and the deficit in the North Carolina Unemployment Insurance Trust Fund. Directs the Department to expedite entering into a contract with the consultant. Requires the Department to provide progress updates to the Fiscal Research Division and the Program Evaluation Division. Instructs the Department to report to the Governor and the General Assembly on the consultant’s reform recommendations within 45 days after analysis completion. Directs the Employment Security Commission and the Department of Revenue to cooperate to implement the purposes of the act. Includes whereas clauses.
Intro. by Clary, Rucho, Hartsell. | UNCODIFIED |
Appropriates $200,000 for 2011-12 and $200,000 for 2012-13 from the General Fund to the UNC Board of Governors to be allocated to the UNC-Chapel Hill Injury Prevention Research Center (Center) for injury prevention training. Requires the Center to coordinate its training efforts with the Department of Health and Human Services, Injury and Violence Prevention Branch (Branch) and provide annual reports to the Branch and General Assembly. Effective July 1, 2011.
Intro. by Atwater | APPROP |
Appropriates $500,000 for 2011-12 and $500,000 for 2012-13 from the General Fund to the Department of Health and Human Services, Office of Rural Health and Community Care (Office), to be allocated to the UNC-Chapel Hill School of Medicine’s Perinatal Quality Care Initiative of North Carolina (PQCNC) to fund research projects to help reduce infant mortality and morbidity. Requires PQCNC, in conjunction with the Office, Community Care of North Carolina, and in support of the Division of Medical Assistance’s Pregnancy Home Initiative, to adopt annual work plans that include research projects with health care providers and hospitals. Also requires PQCNC to submit progress reports on each project to the Office and the General Assembly. Effective July 1, 2011.
Intro. by Atwater | APPROP |
Appropriates $65,000 for 2011-12 and $65,000 for 2012-13 from the General Fund to the Department of Health and Human Services, Office of Chief Medical Examiner, to establish a new child death research position and to reclassify a current research assistant position to a child death research position. Effective July 1, 2011.
Intro. by Atwater. | APPROP |
Amends GS 20-79.4(b) to add a special registration plate that bears the phrase “Mountains-to-Sea Trail” with a background designed by the Friends of the Mountains-to-Sea Trail, Inc. Amends GS 20-79.7 to establish a special plate fee of $30. Distributes $10 of the fee amount to the Special Registration Plate Account and $20 to the Collegiate and Cultural Attraction Plate Account (CCAPA). Amends GS 20-81.12 to direct the Division of Motor Vehicles to make a quarterly transfer of the money in the CCAPA earned from the sale of the Mountains-to-Sea plates to the Friends of the Mountains-to-Sea Trail, Inc., to be used to fund trail projects and related administrative and operating expenses. Provides that the development of the plate is contingent on receiving at least 300 plate applications. Effective July 1, 2011.
Intro. by Hunt. | GS 20 |
Appropriates $50,000 for 2011-12 from the General Fund to the Arthritis Foundation, Inc., to support programs serving the Charlotte area. Effective July 1, 2011.
Amends GS 14-17, as title indicates. Effective for offenses committed on or after December 1, 2011.
Intro. by Jones, Rouzer, Newton. | GS 14 |
Enacts a new Section 6 to Article 14 of the North Carolina Constitution as the title indicates, if approved by a majority of voters during a statewide election on November 6, 2012. If approved, the amendment becomes effective on January 1, 2013.
Intro. by Forrester, Tillman, Soucek. | CONST |
Amends GS 105-277.9 to provide that real property that lies within a transportation corridor marked on an official map filed under the Transportation Corridor Official Map Act (Map Act) is designated a special class of property under the North Carolina Constitution and will be taxable at 20% of the appraised value of the property (rather than 20% of the general tax rate levied on real property by the taxing unit where the property is situated) if two requirements are met, as specified.
Enacts new GS 105-277.9A to provide that real property on which a building or other structure is located and that lies within a transportation corridor marked on an official map filed under the Map Act is designated a special class of property under the North Carolina Constitution and will be taxable at 50% of the appraised value of the property if the property has not been subdivided, as defined in GS 153A-335 (definition for counties) or GS 160A-376 (definition for cities), since it was included in the corridor.
Effective for taxes imposed for taxable years beginning on or after July 1, 2011.
Intro. by Brunstetter, Garrou. | GS 105 |
Enacts new GS 6-19.3 to direct the court to award reasonable attorneys’ fees resulting from the successful defense, as defined, of any civil action to the defendant. Requires that the counsel of record maintain an accurate record of hours worked, regardless of any fee arrangement with the client, if counsel may be awarded attorneys’ fees under the statute. Allows the court discretion in awarding attorneys’ fees under the statute. Provides that the statute will not apply when another specific statute addresses an award of attorneys’ fees; however, GS 6-21.1 (providing for attorneys’ fees in personal injury or property damage suits or in certain suits against an insurance company) applies concurrently.
Amends GS 6-21.5 to remove civil actions lacking a justiciable issue of law or fact from the list of nonjusticiable cases in which the court may award reasonable attorneys’ fees to the prevailing party.
Effective October 1, 2011, and applies to civil actions filed on or after that date.
Intro. by Rouzer. | GS 6 |
Requires the Governor to increase General Fund availability for 2011-12 by $537,740,799 by (1) taking all actions necessary to reduce General Fund expenditures for the remainder of the 2010-11 fiscal year, and (2) identifying funds in non-General Fund accounts for transfer to the General Fund on June 30, 2011. Provides that funds available to the Judicial and Legislative branches are not included. Effective for the 2010-11 fiscal year only.
Intro. by Stevens, Brunstetter, Hunt. | UNCODIFIED |
The Daily Bulletin: 2011-02-22
Identical to S 81, filed 2/17/11.
Repeals Title VII (Orange County Disclosure) of SL 1987-460, as title indicates.
Intro. by Insko. | Orange |
The Daily Bulletin: 2011-02-22
Actions on Bills: 2011-02-22
H 2: PROTECT HEALTH CARE FREEDOM
H 7: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROGRAM.
H 19: PERMANENT HOUSE RULES
H 29: RETRIEVAL OF BIG GAME (NEW).
H 59: SEX OFFENDERS CAN'T BE EMS PERSONNEL.
H 60: EXTEND HEARING LOSS TASK FORCE
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.
H 157: UNC BD OF GOV/STUDENT MEMBER MAY VOTE.
H 158: LIMIT LEGISLATORS TO FOUR CONSECUTIVE TERMS.
H 159: MILITARY SERVICE NOTATION ON LICENSES.
H 160: CHECK-OFF DONATION: BREAST CANCER SCREENING.
H 161: TRANSFER STATE HEALTH PLAN TO STATE TREASURER.
H 162: EXEMPT SMALL AG PROCESSING FROM PERMIT REQ.
H 164: RELEASE OF UPSET BID DEPOSIT (NEW).
H 165: PLANNED COMMUNITY & CONDO ACT AMENDS.
H 166: PURPLE HEART MOTORCYCLE SPECIAL PLATES.
H 167: EXTEND ASSESSMENT REFUND PERIOD.
H 168: FARMS EXEMPT FROM CITY ANNEXATION & ETJ (NEW)
H 169: HIGH POINT FURNITURE MARKET FUNDS.
H 171: MUNICIPAL SELF-ANNEXATIONS.
S 8: NO CAP ON NUMBER OF CHARTER SCHOOLS.
S 9: NO DISCRIMINATORY PURPOSE IN DEATH PENALTY (NEW).
S 13: BALANCED BUDGET ACT OF 2011.
S 17: JOINT REGULATORY REFORM COMMITTEE.
S 27: LOCAL ANNEXATIONS SUBJECT TO 60% PETITION (NEW).
S 32: HOSPITAL MEDICAID ASSESSMENT/PAYMENT PROGRAM.
S 34: THE CASTLE DOCTRINE.
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.
S 98: 911 CALL TRANSCRIPTS.
S 99: REFORM UI TAX STRUCTURE/EXPEDITE ANALYSIS.
S 100: INJURY PREVENTION FUNDS.
S 101: PERINATAL QUALITY CARE FUNDS.
S 102: CHILD DEATH RESEARCH FUNDS.
S 103: MOUNTAINS-TO-SEA TRAIL SPECIAL PLATE.
S 104: FUNDS FOR ARTHRITIS SERVICES OF CHARLOTTE.
S 105: INCREASE PENALTIES/MURDER AND DWI DEATHS (NEW).
S 106: DEFENSE OF MARRIAGE.
S 107: TAX OF IMPROVED PROP. IN ROADWAY CORRIDORS.
S 108: CIVIL LITIGATION COSTS REFORM ACT OF 2011.
S 109: SPENDING CUTS FOR THE CURRENT FISCAL YEAR.
Actions on Bills: 2011-02-22
H 17: WAYNE BOARD OF EDUCATION VACANCIES
H 56: LOCAL ANNEXATIONS SUBJECT TO 60% PETITION (NEW).
H 67: WILSON SCHOOL BOARD.
H 150: GREENSBORO CHARTER AMENDMENTS (NEW).
H 156: LENOIR FOX TRAPPING.
H 163: ORANGE COUNTY LOCAL DISCLOSURE ACT REPEAL.
H 170: WINSTON-SALEM/COUNCIL MEETINGS
S 46: SURRY FOX AND COYOTE TAKING SEASON (NEW).
S 68: ROBESON HUNTING AND FISHING.
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