House committee substitute makes the following changes to 1st edition.
Amends proposed 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 $3,500 (was, $4,500) for each acre or portion of an acre of contamination, with a maximum fee of $125,000.
The Daily Bulletin: 2011-03-03
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The Daily Bulletin: 2011-03-03
Intro. by Gillespie, Cook, Gibson. |
As title indicates.
Intro. by Carney. | HOUSE RES |
Amends GS 58-36-75 as the title indicates. Effective January 1, 2012.
Intro. by Spear. | GS 58 |
As the title indicates. Directs the Department of Correction’s Office of Research and Planning (ORP) (1) to work with local communities to form a minimum of 10 local reentry councils to supervise and coordinate innovative responses to reentry at the local level and to make use of existing services and (2) to form an advisory group that represents the population the ORP proposes to serve.
Intro. by Bryant, Pierce, M. Alexander. | UNCODIFIED |
Enacts new subsection (b) to GS 9-6.1 to allow a person summoned for jury duty who has a disability that would interfere with the person's ability to serve as a juror, to request to be excused, deferred, or exempted. Permits the person to make the request without appearing in person by filing a signed statement explaining the disability with one of the specified parties at any time five days before the date of summons. Allows the court to request medical documentation of the disability. Makes technical changes.
Amends GS 9-3 to allow hearing-impaired persons to qualify as prospective jurors.
Effective July 1, 2011.
Intro. by Glazier, Stevens. | GS 9 |
As title indicates.
Intro. by Haire. | GS 1 |
Enacts a new Article 6E, Regulatory Legislation Economic Impact Statements, in GS Chapter 120 as the title indicates. Requires any bill introduced in the General Assembly that (1) makes a change in law that is regulatory in nature and (2) could cause a substantial economic impact on the entities regulated by the proposed legislation to be accompanied by an economic impact statement (EIS) prepared by the Fiscal Research Division (Division).
Defines substantial economic impact to mean that the proposed legislation has an aggregate financial impact on: (1) at least $1 million in a 12-month period on all persons affected by the proposed bill or (2) at least $1,000 in a 12-month period on any one person affected by the proposed bill.
Requires the EIS to identify and estimate, for the first five fiscal years that the proposed change would be in effect, all of the costs of the proposed legislation on the entities to be regulated by it. Provides that if the Division determines after its investigation that no dollar estimate is possible, then the EIS should indicate such and state the reasons why no dollar amount can be given. Prohibits including comment or opinion in the EIS as to the merits of the proposed legislation, but the EIS may include notation of mechanical and technical defects.
Directs the sponsor of each bill to which this proposed section applies to present a copy of the bill with a request for an EIS to the Division. Directs the Division to prepare the EIS and give it to the sponsor within two weeks after the request is made, unless the sponsor agrees to an extension of time.
Requires the EIS to be attached to the original of each proposed bill that is favorably reported by any committee of the General Assembly; however, also requires that the EIS be clearly designated as an economic impact statement and states that the EIS is neither a part of the bill nor an expression of legislative intent proposed by the bill.
Provides that if a General Assembly committee reports favorably on a proposed bill that has an amendment that proposes a change in the law that could cause a substantial economic impact to the entities regulated by it, then the committee chair is to obtain an EIS from the Division and attach it to the amended bill.
Directs the Office of Budget and Management, the Department of Revenue, the Department of the State Treasurer, the Department of the State Auditor, and the state department most directly concerned to assist the Division in the preparation of the EIS if the Division requests assistance.
Requires the Division to provide the bill sponsor with copies of the prepared EIS.
Directs any state department, institution, agency, or other authority requesting a member or members of the General Assembly to introduce legislation that if enacted would have a substantial fiscal impact on the entities regulated by the proposed legislation to furnish to the member or members and the Division an EIS containing a realistic estimate of the effect of the legislation for the next two fiscal periods.
Effective January 1, 2012.
Intro. by Dollar, Rhyne, McElraft, Folwell. | GS 120 |
Repeals Section 2(b) of SL 2009-16, as amended, as the title indicates.
Intro. by Dollar, Blackwell, Harrison, Hurley. | UNCODIFIED |
The Daily Bulletin: 2011-03-03
Senate committee substitute makes the following changes to 1st edition.
The 1st edition made the unauthorized practice of medicine a Class I felony in all cases. Amends GS 90-18(a) to create an exception making the unauthorized practice of medicine a Class 1 misdemeanor if (1) the person has an inactive license due to failure to complete the annual registration in a timely manner or (2) the person is licensed, registered, and practicing under any other Article in GS Chapter 90. Makes conforming and technical changes.
Intro. by Mansfield. |
Amends GS 7A-44.1 to allow each senior resident superior court judge or chief district court judge to apply to the Director of the Administrative Office of the Courts (AOC) to permit local governments to contract with the state for administrative and court programs assistance (was, for secretarial services). Authorizes the Director of AOC to provide such assistance upon a showing that the resources would improve the overall administration of justice (rather than provide for the speedy disposition of cases involving drug offenses, domestic violence, or other threats to public safety). Makes a conforming change to the section heading.
Makes conforming changes to GS 153A-212.1 (counties) and GS 160A-289.1(cities).
Effective July 1, 2011.
Amends Section 3 of SL 2010-131, as title indicates, to change the effective date to July 1, 2010 (was, January 1, 2011).
Intro. by Kinnaird. | UNCODIFIED |
Enacts new subsection (h) to GS 49-14 to allow an order of paternity to be set aside by a trial court if (1) the paternity order was entered as a result of fraud, duress, mutual mistake, or excusable neglect and (2) genetic tests establish the putative father is not the biological father of the child. Places the burden of proof to set aside a paternity order on the moving party. Specifies that child support responsibilities may not be suspended while the motion is pending, without good cause. Directs the court to order genetic testing of the child’s mother, the child, and the putative father, upon a proper motion alleging fraud, duress, mutual mistake, or excusable neglect. Allows the court to set aside the paternity order if both requirements are met (fraud and genetic test determination) and to terminate all future child support obligations with regard to the child whose parentage is at issue. Provides that all vested child support arrears remain due and owing. Imposes no reimbursement obligation for any past child support paid. Clarifies that the proposed subsection will not affect the presumption of legitimacy when a child is born to a mother and the putative father during marriage. Makes conforming changes to GS 110-132 to allow an affidavit of parentage to be set aside by a trial court after 60 days have elapsed if both requirements are met. Makes additional conforming changes to each section heading.
Applies to motions to set aside paternity or motions to set aside affidavits of parentage on or after October 1, 2011.
Enacts new GS 153A-99.1 to require counties to register and participate in E-Verify to verify the work authorization of new employees. Defines E-Verify as the federal E-Verify program operated by the U.S. Department of Homeland Security and other federal agencies used to verify the work authorization of newly hired employees. Also enacts new GS 160A-169.1 to require cities to register and participate in E-Verify. Includes a nondiscrimination clause applicable to the proposed statutes.
Enacts new GS 153A-449(b) and GS 160A-20.1(b) to prohibit counties and cities, respectively, from entering into contracts for the physical performance of services within the state unless the contractor registers and participates in E-Verify. Makes other conforming and technical changes.
Enacts new GS 143-129(j) to prohibit any board, state governing body, institution of state government, or local government from awarding contracts unless the contractor registers and participates in E-Verify. Enacts new GS 143-48.5 to prohibit any entity required to report to the Department of Administration from entering into a contract for goods and services unless the contractor registers and participates in E-Verify.
Amends GS 126-7.1(f) to require each state agency, department, institution, university, community college, and local education agency to register and participate in E-Verify (rather than verify according to the Basic Pilot Program).
Applies to contracts entered into or renewed on or after October 1, 2011.
Creates a new Article 1, Various Provisions Related to Aliens, in GS Chapter 64. Recodifies GS 64-1 through GS 64-5 as Article 1 of GS Chapter 64 as created by this act.
Creates new Article 2, Eligibility for Public Benefits, in GS Chapter 64. Provides definitions for the following terms as used in proposed Article 2: (1) federal public benefit as defined in 8 USC Section 1611; (2) political subdivision means a county or municipality of North Carolina; and (3) state or local public benefit as defined in 8 USC Section 1621, except that the term excludes commercial or professional licenses, benefits provided by a public retirement system, or services widely available to the general public population as a whole.
Requires that any natural person who applies for (1) a federal public benefit administered by this state or a political subdivision of this state or (2) a state or local public benefit must provide at least one of the eleven enumerated documents to demonstrate the person’s lawful presence in the United States. To the extent allowed under federal law, permits an agency of the state or political subdivision of the state to allow tribal members, the elderly, and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal Deficit Reduction Act of 2005, PL 109-171, in place of the specified documentation. Requires that an applicant for a federal public benefit or a state or local public benefit sign a sworn affidavit under penalty of perjury stating that any documentation presented under proposed Article 2 is true. Makes it a Class 2 misdemeanor for an employee of a state agency or political subdivision that administers federal, state, or local public benefits to fail to report violations of federal immigration law that the employee discovers. Makes a supervisor who knew of the failure to report and did not direct the employee to make the report also guilty of a Class 2 misdemeanor. Provisions regarding federal, state, or local public benefits are to be enforced without regard to race, color, religion, ethnicity, age, disability, or national origin.
Makes an exception regarding eligibility for federal public benefits, providing that the verification requirements do not apply to applications for federal public benefits for which lawful presence in the United States is not required.
Directs that proposed Article 2 be construed in a manner consistent with federal law. Provides that the provisions of proposed Article 2 are severable.
Effective October 1, 2011.
Intro. by Allran | GS 64 |
Amends GS 1C-1601(a)(1) to increase the amount of aggregate interest that a debtor is entitled to retain free from enforcement of the claims of creditors to $75,000 (currently, $35,000) in real property or personal property that the debtor or a dependent of the debtor uses as a residence or in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence. Also deletes language specific to an unmarried debtor. New GS 1C-1601(a)(13) provides that the debtor’s aggregate interest, up to $18,500, in a burial plot for the debtor or a dependent is free from the enforcement of creditor claims. Makes conforming changes to GS 1C-1603(c) (statement form to be submitted by the debtor). Makes other conforming changes.
Intro. by Hartsell. | GS 1C |
Amends GS 14-177 (Crime against nature) to provide that no person can be charged, prosecuted, or punished for this offense based on conduct that is (1) private, (2) noncommercial, (3) consensual, and (4) between persons who have attained the age of 16 years.
Repeals GS 14-184 (making fornication and adultery a Class 2 misdemeanor) and GS 14-186 (making it a Class 2 misdemeanor for opposite sexes to occupy the same bedroom at a hotel for immoral purposes or falsely registering as husband and wife).
Effective when the act becomes law and applies to all offenses committed prior to, on, or after that date.
Intro. by Kinnaird. | GS 14 |
Identical to H 228, filed 3/2/11.
Enacts new GS Chapter 18D, the Video Lottery Entertainment Act. Defines a video lottery game as a game of chance, approved by the North Carolina State Lottery Commission (Commission) as defined in GS 18C-103(3), which is displayed and played on a licensed video terminal. Defines a video lottery terminal (terminal) as any electronic computerized video game machine under the authority of the Commission, that upon accepting cash, a club card, or other form of lottery prize or promotional credit is available to play a video lottery game, and uses a video display and microprocessors to receive, by chance, free games or credits that can be redeemed for cash. Provides that such terminals are exempt under GS 14-306.1A (regarding types of machines prohibited by law) and that the term "terminal" does not include a machine that directly dispenses coins, cash, or tokens. Provides definitions for additional terms as they apply in the proposed chapter.
Authorizes the Commission to make rules governing the operation of video lottery terminals and games, which include, but are not limited to, determining licensure requirements for video lottery retailers, operators, and manufacturers; the type and number of video lottery terminals to be approved for each permit; the type of video lottery games to be conducted; the limit amount for each wager; and the process for claiming prizes. Also authorizes the Commission to enter into an agreement with the Alcohol Law Enforcement Division of the Department of Crime Control and Public Safety to conduct background investigations of applicants and licensees to ensure compliance with this proposed chapter.
Directs the Commission to determine the allocation of net income from video gaming machines and procedures for the monitoring, collection, and distribution of income from the terminals, provided that no less than 46% of the total annual revenues will be transferred to the North Carolina State Lottery Fund (Fund), and no more than 8% of the total annual revenues will be allocated for the Commission's administrative expenses. Provides that if the expenses of the Commission are less than 8% of total annual revenues that the surplus is to be allocated to the Fund.
Prohibits local governments from enacting any ordinance that regulates video lottery terminals. Repeals any local act regulating or imposing a tax or fee on video lottery terminals.
Directs the Commission to make a video gaming permit available and requires the permit to be affixed to all approved video gaming machines in a location and in a manner prescribed by the Commission. Provides that the placement of the video gaming permit on the machine indicates that the machine has been registered, inspected, and approved for operation in North Carolina. Requires that the permit be issued annually. Prohibits anyone other than authorized Commission personnel and the licensed operator from affixing or removing the permit. Requires manufacturers and licensed operators to make video gaming machines and associated equipment available for inspection by the Commission. Requires that the machine's software be compatible with the Commission's central monitoring system and games initiated and approved by the Commission to receive a permit. Declares that any terminal which does not display the permit is contraband and is a public nuisance subject to seizure and summary forfeiture by any law enforcement officer. Prohibits transporting a video gaming machine out of the state until the permit has been removed.
Sets minimum qualifications to be applied by the Commission in granting licenses to manufacturers, operators, and video lottery retailers. Directs the Commission to issue an operator's license to an individual, group of individuals, corporation, partnership, or association whom the Commission determines is qualified to receive a license under this chapter. Requires the applicant and any partner, director, officer, and all stockholders to submit to a background investigation that includes a criminal record check and to pay any required fees for the criminal record check. Provides additional requirements that the Commission not issue a video lottery license unless the Commission is satisfied that the applicant is all of the following: (1) of good character; (2) a person whose background, including criminal history record, reputation, and associations do not pose a threat to the public interest or safety of the state; (3) a person who demonstrates business ability and experience to establish, operate, and maintain a video lottery business; and (4) a person who has adequate financing to undertake a video lottery business.
Requires each person applying for or renewing a manufacturer's license to pay an annual fee of $10,000. Requires each person applying for or renewing an operator's license to pay an annual fee of $5,000 and an annual terminal fee of $104 per terminal. Directs the Commission to charge each person applying for or renewing a video retailer's license an annual fee of $500 plus a weekly telecommunications fee as established by the Commission. Authorizes the Commission to charge a one-time license application fee not to exceed $50 and the cost of the criminal history and financial record background check. Provides that all licenses issued by the Commission are renewable annually unless sooner cancelled or terminated. Prohibits assigning or transferring any license issued by the Commission. Failure to pay any required fees is grounds for revoking any license issued under this proposed chapter. Entitles the Commission to an administrative expense reimbursement of 4% of the fees collected under this provision. Distributes any remaining funds from the video gaming machine fees to the county where the establishment is located or to the city if the establishment is located within the corporate limits of a city.
Prohibits the obtaining of multiple types of licenses under this proposed chapter.
Only allows machines with a video gaming permit to be placed in a licensed establishment. Limits the placement of machines to the premises of an establishment with an on-premises malt beverage permit, on-premises unfortified or fortified wine permit, or mixed beverages permit issued by the North Carolina Alcoholic Beverage Control Commission. Prohibits the issuance of a license for any establishment located within 50 feet of a church, public school, or any nonpublic school. Prohibits persons less than 21 years of age from playing video gaming machines.
Restricts a single wager on a video lottery terminal to no more than the amount the Commission establishes to be played on a single wager. Requires that the odds of winning each video lottery game be posted on or near each terminal.
Directs the Commission to develop a model contract to be used between licensed operators and licensed establishments and provides that the contracts are to address IRS report requirements. Provides additional guidelines regarding the transportation of video gaming machines between licensed establishments in the state. Provides that the Commission is to have sole enforcement authority of GS Chapter 18D. Authorizes the Commission to inspect a licensed establishment or licensed manufacturer and to examine the books and records of the licensee at any time it reasonably appears that someone is on the premises. Makes it a Class 2 misdemeanor to resist or obstruct an officer attempting to make a lawful inspection of the premises.
Makes it a Class 1 misdemeanor to tamper with a terminal with the intent to interfere with its proper operation. Provides that tampering by any means with the intent to manipulate the outcome, payoff, or operation of a video lottery terminal is a Class H felony and that a conviction of this offense results in a revocation of any permit or license issued under this proposed chapter for a period of not less than 10 years and a fine of not less than $5,000. Makes it a Class I felony for any video lottery retailer or operator to intentionally pay a prize to any person that is less than the prize amount won.
Makes conforming changes to GS 14-292, 14-293, 14-296, 14-299, 14-301, 14-302, 14-304, 14-305, 14-306, 14-306.1A, and 18C-161.
Amends GS 18C-164 to provide a distribution schedule for the Commission to allocate net revenue transferred to the Education Lottery Fund from video gaming terminals regulated under GS Chapter 18D as follows: (1) 50% to the State Educational Assistance Authority to fund university scholarships, (2) 12.5% to the Repair and Renovations Reserve Account to be transferred annually to the UNC Board of Governors to be used only for renovation and repair of university facilities and related infrastructure at the 16 constituent institutions and the NC School of Math and Science that are supported from the General Fund, (3) 12.5 % to the UNC Board of Governors to be used for new construction of university facilities and related infrastructure at the 16 constituent institutions and the NC School of Math and Science that are supported from the General Fund, and (4) 25% to the State Board of Community Colleges to be used only for new construction of facilities and related infrastructure. Provides that funds transferred to the UNC system, School of Math and Science, and The Community Colleges may not be expended except by appropriation of the General Assembly. Makes a conforming change to subsection (c).Directs the Joint Legislative Program Evaluation Oversight Committee to include in the 2011-12 Work Plan for the Program Evaluation Division of the General Assembly a study to evaluate the state's video lottery entertainment system and to submit its findings and recommendations to specified legislative oversight committees no later than the convening of the 2013 Regular Session of the General Assembly.
Effective January 1, 2012, and applies to offenses committed on or after that date.
Amends GS 105-278.3(c) to add religious organizations recognized by the Internal Revenue Service under Section 501(c)(3) of the Internal Revenue Code to those that are exempt from property tax.
Intro. by Daniel, Hunt. | GS 105 |
Amends GS 105-164.13 (retail sales and use tax) to add greenhouses and repair parts for greenhouses to the list of items exempted from the retail sales and use tax when sold to a farmer, as specified. Also exempts a container or pallet, sold to a farmer to be used for packaging and transporting or as otherwise indicated.
Applies to sales made on or after July 1, 2011.
Intro. by Rabon, Newton. | GS 105 |
Enacts new subsection (e) to GS 161-14, directing the register of deeds to immediately register a written instrument that meets the following requirements: (1) the instrument is a portion of a cemetery map that was divided into sections based on race, (2) the other portion of the cemetery map was properly registered, and (3) the unregistered portion does not have the surveyor’s stamp or seal and original signature affixed.
Intro. by Rabon. | GS 161 |
Identical to H 220, filed 3/2/11.
Amends Section 7 of SL 2007-518, as amended, as title indicates.
Intro. by Rabon. | UNCODIFIED |
Amends GS 136-44.51(b) as the title indicates. Sets the time limit for the real property to be encumbered by a transportation corridor official map (map) at 18 months from the date of the adoption of the map (was, three years from the date of the original submission of the application for a building permit or subdivision plat approval for real property subject to a valid map). Permits the owner of the real property within the transportation corridor to treat the real property as unencumbered if the entity that adopted the transportation corridor official map has not purchased the property or initiated condemnation proceedings on the property within the 18-month time period. Effective December 1, 2011, and applies to all transportation corridor official maps filed on or after that date.
Intro. by Goolsby, Jenkins, Rabon. | GS 136 |
Amends GS 147-69.2(b)(8) (concerning the State Treasurer’s duties) to add that assets from the funds collectively referred to as the Retirement Systems, as specified, may also be invested in limited partnerships (LPs), limited liability companies (LLCs), or other limited liability investment vehicles that are not publicly traded, provided these investments do not exceed 10% of the market value of all invested assets of the Retirement Systems. Clarifies that the assets of the Retirement Systems can also be invested directly in any authorized equity securities for the primary purpose of approximating the movements of a published market benchmark index (rather than in equity securities in the S&P 500 Index). Makes additional clarifying and technical changes.
Amends GS 147-69.2(b)(9) to provide that assets of the Retirement Systems may be invested in interests in LPs, LLCs, or other limited liability investment vehicles that are not publicly traded, provided the primary purpose of that vehicle is (1) to invest in private equity (was, public or private equity) or (2) to engage in other strategies not expressly authorized in GS 147-69.2(b). Limits the amount so invested to 10% (was, 5%) of the market value of all invested assets of the Retirement Systems.
Clarifies that any investment authorized under GS 147-69.2(b) at the time the investment was made or contractually committed to remains valid and need not be disposed based on the new limitations on investments in this act.
Makes other clarifying and technical changes.
Intro. by Apodaca, Brunstetter, Hise. | GS 147 |
Amends GS 105-277.1(a2) (concerning the property tax homestead exclusion for the elderly and disabled) to increase the income eligibility limit for the homestead exclusion from $25,000 to $35,000, for the taxable year beginning on July 1, 2011. For taxable years beginning on or after July 1, 2012 (currently, July 1, 2009), the income eligibility limit is the amount for the previous year, adjusted as indicated.
Effective for taxes imposed for taxable years beginning on or after July 1, 2011.
Intro. by Allran | GS 105 |
As title indicates. Also requires establishing offender reentry as a funding priority.
Intro. by Hartsell, Dannelly, Jones. | UNCODIFIED |
Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to each appoint a cochair to a study committee, including representatives from specified fields of law, to review current expunction statutes related to dismissals and findings of not guilty and to make recommendations for expunction procedures so that these outcomes are not unfairly prejudicial. Requires a report to the General Assembly by the beginning of the 2012 Regular Session.
Intro. by Hartsell, Dannelly, Jones. | STUDY |
As the title indicates. Requires the Office of State Personnel to report on the proposed policies to the 2011 General Assembly by October 1, 2011.
Intro. by Hartsell, Dannelly, Jones. | UNCODIFIED |
Directs the General Statutes Commission, in consultation with the School of Government and the Administrative Office of the Courts, to report to the General Assembly by the beginning of the 2012 Regular Session on (1) collateral consequences for all criminal convictions, (2) which offenses carry ambiguous or multiple types of consequences, and (3) whether collateral consequences should be codified.
Intro. by Hartsell, Dannelly, Jones. | UNCODIFIED |
Identical to H 233, filed 3/3/11.
As the title indicates. Directs the Department of Correction's Office of Research and Planning (ORP) (1) to work with local communities to form a minimum of 10 local reentry councils to supervise and coordinate innovative responses to reentry at the local level and to make use of existing services and (2) to form an advisory group that represents the population the ORP proposes to serve.
Intro. by Hartsell, Dannelly, Jones. | UNCODIFIED |
Directs the North Carolina Sentencing and Policy Advisory Commission (Commission) to incorporate data from the Employment Security Commission’s Common Follow-up System into its biennial correctional program evaluation and directs the NC Department of Correction to utilize the Common Follow-up System data in evaluating the effectiveness of its programs. Requires the Commission to report to the General Assembly no later than the convening of the 2012 Regular Session as to the best methods and procedures for ensuring that a defendant who enters a guilty plea understands the collateral consequences of that plea.
Intro. by Hartsell, Dannelly, Jones. | STUDY |
As title indicates. Requires that the Administrative Office of the Courts report its findings and recommendations to the General Assembly no later than the convening of the 2012 Regular Session.
Intro. by Hartsell, Dannelly, Jones. | STUDY |
Enacts new GS 14-379.1 as the title indicates. Makes a violation of this statute a Class I felony, imposes a fine of not less than $10,000 and requires imprisonment for no less than 30 days.
Effective December 1, 2011, and applies to offenses committed on or after that date.
Intro. by Dannelly. | GS 14 |
Identical to H 32, filed 2/2/11.
Amends GS Chapter 163 to (1) expand the definition of political party, (2) reduce the number of signatures required for unaffiliated candidates to be included on various ballots, (3) exempt certain political parties from most primary election requirements and instead provide that those parties' candidates be selected by party convention or else by plurality, and (4) repeal the petition requirement for write-in candidates and instead require the filing of a declaration of intent by the candidate.
Definition of a Political Party. Amends the definition of a political party for purposes of state elections under GS 163-96(a) by changing the threshold for qualification as a political party to (1) at least 10,000 votes of any group of voters polled in the last preceding general state election for certain offices or (2) 10,000 registered and qualified voters if qualifying by petition filed with the State Board of Elections (current threshold for latter method of qualification is 2% of the entire votes cast in the most recent election for Governor, or for Governor or presidential electors in the former). Expands eligibility for qualification by voters polled in the last preceding general state election to include not only those voters polled for that group of voters' candidate for Governor or presidential electors, but also for any other candidate for Council of State for a full term. For qualification as a political party by petition, reduces the number of congressional districts from which registered voters who sign the petition must come from four to three, and adjusts the deadline for filing the petition to the third Friday in July (currently the first day of June).
Unaffiliated Candidate Ballot Eligibility. Rewrites GS 163-122 by repealing subsection (a) and adding three new subsections (a1), (a2), and (a3) that provide specific requirements (namely petition requirements) for a qualified voter to be included as an unaffiliated candidate on a general election ballot, including general elections to a partisan office. Prohibits an individual whose name appears on a primary election ballot from having his name placed on the general election ballot as an unaffiliated candidate for the same office in that year. Details filing procedures and the number of required signatures (according to the office sought) for unaffiliated candidates.
Unaffiliated Candidate Ballot Eligibility in Partisan Municipal Elections. Amends GS 163-296 to change the number of signatures required for an unaffiliated candidate to be placed on a regular municipal ballot to 150 signatures if the municipality has more than 25,000 registered voters or 50 signatures if the municipality has 25,000 or fewer registered voters (current signature requirement is at least 4% of the total number of voters qualified to vote in the municipal election).
Participation in Elections by and Determining Primary Results of Certain Political Parties. Amends GS 163-98 to authorize political parties with less than 10% of the registered voters in the state to become exempt from most of the requirements of the Primary Act (Article 10 of GS Chapter 163). To become exempt, an eligible political party must notify the State Board of Elections by July 1 of an odd-numbered year that the party's state convention or state executive committee has approved its exemption from the Primary Act. Eligible political parties that choose exemption must select its candidates by party convention, and the political party and its candidates must comply with certain certification and filing requirements in order for the candidates to appear on the appropriate ballot. If an eligible political party does not choose exemption, the results of primary elections for that political party are to be determined by a plurality. Amends GS 163-111 to provide that candidates of political parties with less than 10% of the registered voters in the state are not eligible to participate in second primaries.
Petitions for Write-In Candidates. Amends GS 163-123 by repealing the petition requirement for write-in candidates, and instead requires an applicant for write-in candidacy to file a declaration of intent with the State Board of Elections or the appropriate county board of elections.
Makes other technical and conforming changes. Effective when the act becomes law with respect to all primaries and general elections held on or after that date. However, provides that application of the act to 2011 partisan municipal elections is contingent upon receiving preclearance under Section 5 of the Voting Rights Act of 1965 prior to July 1, 2011.
Intro. by Brock, Kinnaird. | GS 163 |
Identical to H 92, filed 2/15/11.
Repeals Article 60 of GS Chapter 105 (the County Land Transfer Tax Act), as title indicates.
Intro. by Tucker. | GS 105 |
Amends SL 2009-149, as amended, as the title indicates.
Intro. by Hise. | UNCODIFIED |
The Daily Bulletin: 2011-03-03
As the title indicates. Effective from and after October 20, 2008.
Intro. by Brisson. | Cumberland |
As title indicates. Effective from and after August 21, 2007.
Intro. by Moffitt. | Buncombe |
The Daily Bulletin: 2011-03-03
Identical to H 213, filed 3/2/11.
Authorizes the Alamance County and Orange County boards of commissioners to review the remaining 9% of the boundary separating the counties, not previously agreed upon, and to determine the appropriate location for that remainder. Directs the boards to make a determination by October 31, 2011. Requires any surveys ordered by the counties to be completed by January 31, 2012. Provides additional details related to the remaining 9% boundary line, rights of property owners, reporting requirements, and taxation.
Identical to H 214, filed 3/2/11.
Provides background on the boundary line survey and resulting agreement between Alamance County and Orange County.
Amends Section 3 of SL 2010-61 to allow Alamance and Orange counties to maintain the current taxing, elections, education, and other government functions until July 1, 2012 (was, 2011).
Amends Section 4 of SL 2010-61 to direct all papers, documents, and instruments required or permitted to be filled or registered, involving residents and property affected by the resurvey of the boundary line to be recorded in the county to which the property has been reassigned by this act (previously, to which the property has been annexed), on and after January 1, 2012 (was, on and after July 1, 2011). Deletes provisions of Section 4(c) in SL 2010-61, which detail taxation terms and conditions for the adjoining counties, and replaces with a new, similar Section 4(c), to extend applicable dates, as detailed. States that no cause of action involving persons or property located in areas affected by the resurvey that is pending on July 1, 2012 (was, 2011) will be abated, and will continue in the appropriate adjoining county. Also prohibits a defense to a criminal act that alleges a lack of jurisdiction due to the boundary line adjustment, regardless of when the criminal act allegedly occurred. Amends the effective date to July 1, 2012, for revised jury lists.
Details relief granted to any property taxed by both counties on or after January 1, 2007. Provides additional details on affected properties and property owners, and requirements for taxing authorities.
Amends Section 6 of SL 2010-61 to allow any child who was a resident of any area reassigned by this act on the date of enactment (was, annexed by the act) and who was a student in the Orange County or Alamance County school system during the 2010-11 or 2011-12 school year to attend school in the same school system as their siblings (was, in the same system previously attended).
Releases the counties from any liability resulting from the uncertain boundary line.
Amends Section 8 of SL 2010-61 to state that the counties will not be responsible for the resurvey costs; however, the transitioned property owners will be responsible.
States that this act controls if in conflict with SL 2010-61.
Provides that any boundary line between the counties previously surveyed, recognized, adopted, described, utilized, or ratified is modified as specified in this act.
Adopts the official boundary line between Alamance County and Orange County, as described and approved by the Alamance County Board of Commissioners on December 6, 2010, and by the Orange County Board of Commissioners on December 14, 2010. Directs the remaining 9% not described and approved to be resurveyed under local legislation.
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Actions on Bills: 2011-03-03
H 3: EXCLUSIONARY RULE/GOOD FAITH EXCEPTION
H 7: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROGRAM.
H 18: RESTORE FIREARMS RIGHTS/TECH CORRECTION (NEW).
H 25: LYMPHEDEMA AWARENESS DAY.
H 45: ACCELERATE CLEANUP OF INDUSTRIAL PROPERTIES.
H 48: NO STANDARDIZED TESTING UNLESS REQ'D BY FEDS.
H 55: RELIEF FROM INCORRECT PATERNITY DETERMINATION.
H 92: REPEAL LAND TRANSFER TAX.
H 113: MOTORCYCLE SAFETY ACT.
H 124: IRC UPDATE.
H 138: AMEND HEALTH INSURANCE RISK POOL STATUTES.
H 141: BOILING SPRINGS' 100TH ANNIVERSARY.
H 205: MOTORCYCLE AWARENESS MONTH.
H 206: MODIFY PROPERTY TAX BASE EXCLUSIONS.
H 209: AMEND SW FINANCIAL ASSURANCE RQMTS.
H 210: BUILDING CODE/SCHOOL ANIMAL HUSBANDRY BLDGS.
H 215: UNBORN VICTIMS OF VIOLENCE ACT/ETHEN'S LAW.
H 217: INSPECTION REQUIREMENT SALVAGED VEHICLES.
H 218: LEGISLATIVE TASK FORCE ON CHILDHOOD OBESITY.
H 219: SEX OFFENDER REGISTRY AMENDMENTS.
H 220: WACCAMAW RIVER/ISOLATED RIVER BASIN.
H 221: REQUESTING STATE TREASURER/FIVE.
H 222: ELECTRIC VEHICLE INCENTIVES.
H 223: HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS.
H 225: NC TURNPIKE AUTHORITY CORRIDOR SELECTION.
H 226: PROHIBIT SWEEPSTAKES DEVICES.
H 227: DISTURBING/DISMEMBERING HUMAN REMAINS (NEW).
H 228: VIDEO LOTTERY ENTERTAINMENT.
H 229: RURAL OPERATING ASSISTANCE PROGRAM CHANGES.
H 230: HONOR GIRL SCOUTS.
H 232: SAFE DRIVER INCENTIVE PLAN CHANGES.
H 233: DEPARTMENT OF CORRECTION/EX-OFFENDERS.
H 234: JUROR QUALIFICATIONS/DISABILITIES.
H 235: AMEND GROUNDS/TERMINATION OF PARENTAL RIGHTS (NEW).
H 237: 2012 WORKERS' COMPENSATION AMENDMENTS (NEW).
H 238: STATE HEALTH PLAN/REPEAL PENALTIES.
H 239: GRANDPARENTS' VISITATION RIGHTS.
H 240: INTRASTATE COMMERCE ACT.
H 241: NORTH CAROLINA FIREARMS FREEDOM ACT.
S 27: LOCAL ANNEXATIONS SUBJECT TO 60% PETITION (NEW).
S 31: CLARIFY PENALTY UNAUTH. PRACTICE OF MEDICINE (NEW).
S 32: HOSPITAL MEDICAID ASSESSMENT/PAYMENT PROGRAM.
S 49: INCREASE FINE FOR SPEEDING/SCHOOL ZONES.
S 76: TC: ELIGIBILITY: INDUS FACIL/FIX UWHARRIE COM.
S 97: CLARIFY REFUNDS OF TAX OVERPAYMENTS.
S 179: FAILURE TO CARRY OR COMPLETE ALIEN REG. DOCS.
S 180: ADD FOP MEMBER TO CRIM. JUST. TRAINING COMM.
S 181: UNDERGROUND STORAGE TANK PRGRM. AMENDS (NEW).
S 182: STATEWIDE EMAIL SUBSCRIPTION LISTS (NEW).
S 183: SELECTIVE VEGETATION REMOVAL/STATE HIGHWAYS.
S 184: BUILDING CODE/SCHOOL ANIMAL HUSBANDRY BLDGS.
S 186: MILITARY SERVICE NOTATION ON DRIVERS LICENSES.
S 187: MODIFICATIONS/2012 APPROPRIATIONS ACT (NEW).
S 188: HIGH POINT FURNITURE MARKET FUNDS.
S 190: ALLOW ELECTRONIC SIGNATURES ON DEATH CERTS.
S 191: LME GOVERNANCE (NEW).
S 194: ALTERNATIVE FUEL VEHICLE INCENTIVES (NEW).
S 195: OPERATION OF MOPEDS.
S 196: APPROPRIATIONS ACT OF 2011.
S 198: LOCAL GOVERNMENTS FUND COURT RESOURCES.
S 199: CHANGE EFFECTIVE DATE S.L. 2010-131.
S 203: SET ASIDE PATERNITY/CHILD SUPPORT (NEW).
S 204: PUBLIC ENTITIES & CONTRACTORS/USE E-VERIFY.
S 205: NO BENEFITS FOR ILLEGAL ALIENS.
S 207: INCREASE STATUTORY HOMESTEAD EXEMPTION.
S 208: CONFORM STATE LAW TO LAWRENCE V. TEXAS.
S 209: VIDEO LOTTERY ENTERTAINMENT.
S 210: RELIGIOUS ORGS./CLARIFY PROP. TAX EXEMPTION.
S 211: EXEMPT PALLETS FOR AG USE FROM SALES TAX.
S 212: CEMETERIES/SURVEY STAMP.
S 213: WACCAMAW RIVER/ISOLATED RIVER BASIN.
S 214: TRANSPORTATION MAP CORRIDORS/CONDEMNATION.
S 215: STATE TREASURER'S INVESTMENTS.
S 216: INCREASE INCOME LIMIT FOR HOMESTEAD EXCLUSION.
S 217: PROMOTE FUNDING AVAILABILITY.
S 218: STUDY EXPUNCTION OF DISMISSALS/NG VERDICTS.
S 219: OSP/HIRING OF EX-OFFENDERS.
S 220: GENERAL STATUTES COMM/COLLATERAL CONSEQUENCES.
S 221: DEPARTMENT OF CORRECTION/EX-OFFENDERS.
S 222: EX-OFFENDER STUDY RECOMMENDATIONS.
S 223: AOC/STUDY COURT RECORDS.
S 224: ADDITIONAL APPOINTMENTS FOR 2011.
S 225: ELECTORAL FREEDOM ACT OF 2011.
S 226: REPEAL LAND TRANSFER TAX.
S 227: SCHOOL BUS CRASH REPORT NAME DISCLOSURE (NEW).
Actions on Bills: 2011-03-03
H 5: LOCAL DEANNEXATIONS (NEW).
H 37: LEXINGTON ANNEXATIONS REPEALED.
H 207: LOCAL DEVELOPMENT FOR WINSTON-SALEM.
H 208: ACQUIRING BY RIGHT-CONDEMNATION OF PROPERTY.
H 211: WINSTON-SALEM POLICE JURISDICTION/CLEMMONS.
H 212: TOWN OF CRAMERTON/REGULATE UTILITY VEHICLES.
H 213: ALAMANCE/ORANGE 9% BOUNDARY.
H 214: ALAMANCE/ORANGE BOUNDARY.
H 216: WAKE LOCAL STORMWATER UTILITY FEES.
H 224: FOXFIRE VILLAGE ASSESSMENT VALIDATED.
H 231: FAYETTEVILLE'S GATES FOUR ANNEXATION REPEAL.
H 236: BILTMORE LAKE ANNEXATION REPEALED.
S 83: WILSON SCHOOL BOARD.
S 177: GREENSBORO RENTAL PROPERTY UTILITY LIENS.
S 178: 41ST SENATORIAL DISTRICT LOCAL ACT.
S 185: 15TH SENATORIAL DISTRICT LOCAL ACT.
S 189: 46TH SENATORIAL DISTRICT LOCAL ACT.
S 192: 7TH SENATORIAL DISTRICT LOCAL ACT.
S 193: 48TH SENATORIAL DISTRICT LOCAL ACT.
S 197: 34TH SENATORIAL DISTRICT LOCAL ACT.
S 200: ALAMANCE/ORANGE 9% BOUNDARY.
S 201: ALAMANCE/ORANGE BOUNDARY.
S 202: 6TH SENATORIAL DISTRICT LOCAL ACT.
S 206: 45TH SENATORIAL DISTRICT LOCAL ACT.
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