AN ACT TO (1) CREATE THE NORTH CAROLINA FORENSIC SCIENCE ADVISORY BOARD, (2) ENCOURAGE EFFORTS TO ELIMINATE SOURCES OF HUMAN ERROR IN FORENSIC EXAMINATIONS, (3) REQUIRE CERTIFICATION OF FORENSIC SCIENCE PROFESSIONALS, (4) RENAME THE STATE BUREAU OF INVESTIGATION LABORATORY AS THE NORTH CAROLINA STATE CRIME LABORATORY, (5) CREATE THE POSITION OF OMBUDSMAN TO ENSURE THAT THE BEST FORENSIC PROCESSES AND PROCEDURES ARE UTILIZED IN THE STATE CRIME LABORATORY, (6) CLARIFY STATUTES THAT ALLOW FOR THE ADMISSIBILITY OF FORENSIC ANALYSES INTO EVIDENCE, (7) CLARIFY THE STATE'S OBLIGATION TO DISCLOSE TO THE DEFENDANT ALL INFORMATION RELATING TO THE TESTING OR EXAMINATION OF EVIDENCE AND TO PENALIZE OMISSION OR MISREPRESENTATION RELATING TO DISCLOSURE, AND (8) CLARIFY THAT STATE CRIME LABORATORY PERSONNEL SERVE THE PUBLIC AND THE CRIMINAL JUSTICE SYSTEM, AS RECOMMENDED BY THE JOINT SELECT COMMITTEE ON THE PRESERVATION OF BIOLOGICAL EVIDENCE, AND TO PROVIDE THAT THE ACT SHALL BE ENTITLED "THE FORENSIC SCIENCES ACT OF 2011." Summarized in Daily Bulletin 2/1/11, 2/9/11, 2/15/11, and 3/21/11. Enacted March 31, 2011. Section 6 is effective July 1, 2011. The remainder is effective March 31, 2011.
The Daily Bulletin: 2011-04-04
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The Daily Bulletin: 2011-04-04
Intro. by Glazier, Stam, Michaux, Jackson. |
AN ACT TO AUTHORIZE THE RETRIEVAL OF KILLED OR WOUNDED BIG GAME USING A SINGLE DOG ON A LEASH. Summarized in Daily Bulletin 2/2/11, 2/22/11, and 2/23/11. Enacted March 31, 2011. Effective October 1, 2011.
Intro. by Moore. |
Senate committee substitute makes the following change to 2nd edition.
Amends proposed GS 131E-159(h), clarifying that a person required to register as a sex offender, or a person convicted of an offense which would have required registration if committed when the law required registration, will not receive EMS credentials.
Intro. by McGrady, Mobley, Randelman, Haire. |
AN ACT 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. Summarized in Daily Bulletin 2/8/11. Enacted March 31, 2011. Effective March 31, 2011.
Intro. by Pierce, Farmer-Butterfield, Weiss, Mobley. |
House committee substitute makes the following changes to 3rd edition.
Deletes all provisions of previous edition and instead enacts new GS 132-11, prohibiting the General Assembly from enacting a law exempting a document from the public records law without a three-fifths vote of the members present and voting of each house. Enacts new GS 143-318.19, prohibiting the General Assembly from enacting a law exempting a public body from the laws governing meetings of public bodies without a three-fifths vote of the members present and voting of each house. Makes a conforming change to the bill title. Applies to legislation enacted on or after October 1, 2011.
Intro. by LaRoque. |
AN ACT TO REPEAL THE LAND TRANSFER TAX. Summarized in Daily Bulletin 2/15/11. Enacted March 31, 2011. Effective March 31, 2011.
Intro. by Howard, Starnes, Brawley, Jordan. |
Enacts new GS 54-109.64 as the title indicates. Makes a conforming change to GS 14-309. Limits the consideration for a chance at winning to the deposit of a minimum amount of money in the credit union’s savings account or program. Effective October 1, 2011.
Due to the fact that Governor Perdue's proposed budget was released on February 17, 2011, and has been available to the public well in advance of the filing of H 584, we will not be including a summary of the bill version of her budget. For the content of the bill, please follow the link included in the bill's short title above. Further information on the Governor's proposed budget can also be found on the Office of State Budget and Management's website at http://www.osbm.state.nc.us/ncosbm/osbm_library/superpubs/budget1113.shtm.
Enacts new Part 22, North Carolina Energy Independence Search Committee, to Article 10 in GS Chapter 143B. Creates a three- member NC Energy Independence Search Committee (Committee) as title indicates. Charges the Committee with two specified responsibilities. Details the Committee schedule and members’ term limits and directs the Committee to report by January 15 each year to the Secretary of Commerce, the General Assembly, and the NC Utilities Commission on findings, recommendations, and progress. Requires the first report be submitted by January 15, 2012. Specifies that the Department of Commerce must use funds available for the 2011-12 and 2012-13 fiscal years to implement the act. Effective July 1, 2011.
Intro. by Pridgen. | GS 143B |
Amends GS 113A-256, adding that the Clean Water Management Trust Fund (Fund) Board of Trustees must also develop grant criteria considering water supply availability and the public’s need for water resources adequate to sustain life and maintain public health, safety, and the economy. Makes conforming changes to GS 113A-253 (detailing Fund allocations), GS 113A-253.1 (annual appropriation to the Fund), and GS 113A-251 (purpose of the Fund) and provides for the preservation of land for water supply reservoirs. Makes clarifying changes.
Intro. by Gillespie. | GS 113A |
Amends GS 150B-2 (definitions applicable to the Administrative Procedure Act) to add two definitions. Defines significant rule change as a proposed rule that may: (1) have a significant effect on the economy, state, or local funds, (2) create an inconsistency with an action taken or planned by another agency, or (3) raise novel policy issues. Defines small business as a business entity, including affiliates, that (1) is independently owned and operated and (2) either has gross annual sales less than $6 million or employs fewer than 500 full-time employees. Makes a technical change. Enacts new GS 150B-19(8), prohibiting an agency from adopting a rule that exceeds standards or requirements established by federal law or regulation, unless expressly required by an act of the General Assembly. Amends GS 150B-21.2(a)(2), directing an agency to prepare or obtain, when required, a fiscal note, cost-benefit analysis, and small business regulatory flexibility analysis before adopting a permanent rule. Amends GS 150B-21.2(c), requiring a notice of the proposed rule or textual changes to an existing rule to include, in addition to requirements under current law, a short summary of the existing regulations and an explanation of how the proposed rule would change those regulations, as specified. Also requires the notice to cite to the law giving the agency authority to adopt the rule and a detailed explanation of the specific citations, as detailed. Requires the notice to include a statement explaining how the fiscal note, cost-benefit analysis, or small business regulatory flexibility analysis was conducted and how to obtain copies, if applicable. Adds that the notice must include the right to judicial review for any person seeking to challenge the rule adoption.
Amends GS 150B-21.4(b1), requiring an agency to obtain a cost-benefit analysis (rather than a fiscal note) for the proposed rule change from the Office of State Budget and Management (OSBM) or prepare a cost-benefit analysis (rather than a fiscal note) for approval before the agency publishes the proposed text of a permanent rule change that would be a significant rule change (currently, would have a substantial economic impact) and that is not identical to a required federal regulation in the North Carolina Register. Further amends the statute, replacing all references to “fiscal note” with “cost-benefit analysis” and all references to “substantial economic impact” with “significant rule change.” Clarifies that a significant rule change includes any rule with an aggregate financial impact on all persons affected of at least $3 million in a 12 -month period. Makes conforming changes. Amends GS 150B-21.4(b2), adding three items that the cost-benefit analysis must include to the current list. Enacts new subsection (b3) to GS 150B-21.4, directing the OSBM to reject the proposed rule based on the cost-benefit analysis if: (1) the projected costs exceed projected benefits, as detailed; (2) an alternative is less costly and reasonably likely to achieve the same objective; or (3) the proposed rule change would not achieve the stated purpose. Enacts new subsection (b4), directing the OSBM to approve the proposed rule if the rule minimizes the economic impact to the greatest extent possible and the rule responds to at least one of five specified considerations. Enacts new subsection (b5), requiring and detailing each agency’s periodic review of rules. Directs agencies to review rules adopted after the act’s enactment each year to minimize economic impact, and lists factors for consideration. Details reporting requirements and circumstances under which rules are amended or rescinded. Enacts new subsection (b6), requiring each agency to prepare a small business impact statement, including the listed information, before adopting any proposed regulation that may have an adverse impact on small businesses. Directs an agency to consider and provide to OSBM five enumerated methods to reduce the impact before the agency publishes in the NC Register, and requires that OSBM reject a proposed rule if the agency fails to take reasonable steps to reduce the impact. Makes clarifying changes to GS 150B-21.4(c).
Amends GS 150B-21.9 (standards and timetables for review by the Rules Review Commission), clarifying that the Rules Review Commission (Commission) must determine whether the rule is within the clear authority delegated to the agency by the General Assembly, and no reasonable argument can be made that the authority does not exist. The Commission must also determine that the rule is reasonably necessary to implement or interpret a state law (currently, state law or federal law or regulation), and that the General Assembly likely intended for the agency to adopt the rule. Adds that the Commission must determine that the OSBM properly approved the cost-benefit analysis and small business regulatory flexibility analysis, as required. Adds that the Commission may ask the OSBM to determine if the rule may have an adverse impact on small businesses and consequently requires a small business regulatory flexibility analysis, and directs the Commission to make the inquiry if an analysis was not prepared and the Commission receives a written request for determination. Deletes GS 150B-21.9(a1), which created a rebuttable presumption that a rule was adopted in accordance with Part 2, upon entry of the rule in the NC Administrative Code after review by the Commission. Makes conforming changes.
Enacts new GS 150B-21.17, directing the OSBM to provide an annual summary to the Commission, explaining why the OSBM directed each agency to rescind or amend a rule, or decided that no action on a rule was necessary. Requires the Commission to direct the OSBM to amend or rescind a rule if the Commission determines the agency could not demonstrate five specified circumstances. Permits a rule to be amended or rescinded only if the rule is not required to respond to at least one of five listed conditions. Amends GS 150B-43, which provides a right to judicial review, adding that any person is entitled to judicial review to determine whether a rule has been properly adopted within one year after the final rule’s effective date.
Amends GS 62-3, defining using and consuming public as utility consumers solely in their roles as consumers. Amends GS 62-15, directing the Public Staff in the NC Utilities Commission (Utilities Commission) to consider only the interests of the using and consuming public in their interest as consumers. Prohibits the Public Staff from taking any action that would lead to higher prices unless the prices are clearly justified for more reliable or better utility services. Further adds that a member of the using and consuming public may petition the Utilities Commission to review whether the Public Staff acted according to the directive, and requires the Utilities Commission to take specified steps if the Public Staff did not.
Creates a 12 member Legislative Study Commission on Occupational Licensing (Study Commission). Details the Study Commission membership, duties, and administrative considerations. Directs the Study Commission to make a final report to the 2012 Regular Session of the General Assembly upon convening, and to terminate after filing the report. Appropriates $50,000 from the General Fund to the General Assembly for 2011-12 to fund the Study Commission.
Effective July 1, 2011.
Current law directs local boards of education to require the teaching of the nation’s founding and related documents during the high school years and specifies that the instruction is to include the major principles in the Declaration of Independence, the United States Constitution and its amendments, and the most important of the Federalist Papers. Amends GS 115C-81(g) to direct local boards of education to require high schools to teach either a semester course or a full-year course that focuses on the following: (1) the philosophical foundations of our form of government and (2) the principles underlying the Declaration of Independence, the U.S. Constitution, the Federalist Papers, and the writings of the Founders, which are the principles of government for a free people and are known as the “Founders Principles.” Makes a conforming change to require that local boards of education include receiving a passing grade in either the semester course or full-year course on the Founders’ Principles as a graduation requirement. Directs the State Board of Education to require any high school level curriculum-based test developed and administered statewide beginning with the 2012-13 academic year include questions related to the Founders’ Principles. Requires the State Department of Public Instruction (DPI) and local school boards to provide or cause to be provided curriculum content and teacher training for the semester course or the full-year course on the Founders Principles.
Directs DPI to submit a biennial report to the Joint Legislative Education Oversight Committee and to the chairs of the education committees of the Senate and the House of Representatives that covers the implementation of GS 115C-81(g) and the statewide test results from the curriculum-based tests administered on the Founders’ Principles curriculum.
Applies beginning with the 2012-13 school year.
Intro. by Brubaker. | GS 115C |
Current law provides that the material facts in every complaint asking for a divorce are deemed to be denied by the defendant, even if the defendant does not file a pleading denying the allegations in the complaint. Amends GS 50-10 to delete that provision regarding pleadings in a divorce action.
Amends GS 50B-2(c) to provide that in an ex parte domestic violence protective order a court may not grant possession of the residence to the aggrieved party seeking the order without including a finding in the ex parte order that the other party has (1) attempted to cause or has intentionally caused bodily injury to the aggrieved party or a minor child, (2) has put the aggrieved party or a minor child in fear of imminent serious bodily injury,or (3) has committed any act defined in GS 14-27.2 through GS 14-27.7 against the aggrieved party or a minor child. Provides that once the other party has been served, if the court does not hold the hearing within 10 days from the date the ex parte order was issued or within seven days of the date of service on the other party, whichever comes later, then the ex parte order will expire unless the other party consents to scheduling the hearing at another time.
Amends GS 50-13.4(c) to provide that child support payments for a child enrolled in a cooperative high school program authorized under Part 9 of Article 16 of GS Chapter 115C are to end upon the completion of the child’s fourth year of enrollment or when the child reaches age 18, whichever comes first.
Applies to actions filed on or after the date that this act becomes law.
Amends GS 90D-5(b)(6), stating that a member of the Hearing Loss Association of North Carolina (currently, a member of Self Help for Hard of Hearing) will sit on the NC Interpreter and Transliterator Licensing Board (Board). Amends GS 90D-7(a)(3), requiring an applicant to the Board to hold a valid Testing, Evaluation and Certification Unit, Inc. national certification in cued language interpretation (rather than holding a certification recognized by the National Cued Speech Association). Enacts new GS 90D-7(a)(3)e., requiring an applicant to hold a current Cued Language Transliterator State Level Assessment (CLTSLA) certification level 3 or above. Amends GS 90D-8(a1)(1), authorizing the Board to issue a provisional license to a deaf interpreter who completes 16 hours of training, as specified (currently, a certified deaf interpreter who completes 30 hours of training, as specified). Amends GS 90D-8(a1)(3), authorizing the Board to issue a provisional license to a cued language transliterator holding a CLTSLA level 2 classification (currently, a person who completes 40 hours of training, as specified).
Intro. by M. Alexander. | GS 90D |
Enacts new subsection (e2) of GS 20-16.2 to provide a limited driving privilege for first offenders in certain instances. Specifies instances when a judge may grant a limited driving privilege to a person whose license was revoked for refusing to consent to a chemical analysis under the statute. Requires that the person have never been convicted of an offense involving impaired driving and that limited driving privilege include (1) a restriction that the applicant may only operate a designated motor vehicle; and (2) the designated vehicle must be equipped with a functioning ignition interlock system of a type approved by the Commissioner of Insurance, and set to prohibit driving with an alcohol concentration greater than 0.00. Provides that specified provisions of GS 20-179.3 (limited driving privilege), except as modified in this proposed subsection, apply to applications for limited driving privileges under this proposed subsection. Provides that if a person’s license is revoked for any other reason other than under this section and GS 20-17(a)(2) (specified impaired driving offenses), the limited driving privilege is invalid. Makes a conforming change to GS 20-16.2(e1).
Amends GS 20-179.3(b) to provide that a person who is 18, 19, or 20 years of age is eligible for a limited driving privilege under this statue unless the person has a prior conviction under GS 20-138.1 or is convicted of violating GS 20-138.1 (impaired driving) and GS 20-138.3 (driving by a person less than 21 years old after consuming alcohol or drugs) contemporaneously. Makes a conforming change.
Amends GS 20-179.3(e) to provide that a limited driving privilege issued under this statute authorizes a person to drive only if the person’s license is revoked solely under GS 20-17(a)(2) and GS 20-13.2(b), or as a result of a conviction in another jurisdiction substantially similar to impaired driving under GS 20-138.1 (was, license is revoked solely under GS 20-17(a)(2)).
Enacts new GS 20-17.8A to provide that a person who (1) would be subject to the provisions of GS 20-17.8, (2) does not operate a motor vehicle on any public vehicular area for a period of at least two years, and (3) has not applied for the restoration of any driving privileges under any provisions of GS Chapter 20 prior to the expiration of two years from the date of the conviction is eligible for a restoration of the person’s driver’s license without requiring that as a condition of restoration the use of an ignition interlock system.
Effective December 1, 2011, and applies to limited driving privileges and licenses restored on or after that date.
Intro. by Ingle, Faircloth, Stevens. | GS 20 |
As the title indicates. Requires the Legislative Research Commission to report to the 2011 Regular Session of the General Assembly before it reconvenes in 2012.
Intro. by Collins, Howard, Tolson, Carney. | STUDY |
Amends GS 153A-11 to allow counties to enter into public-private partnerships. Enacts new GS 153A-456, permitting a county to provide a wired or wireless network for communications services through a public-private partnership. Amends GS 153A-149(c) to allow counties to levy property taxes to provide the communications network, as specified.
Intro. by Collins. | GS 153A |
Enacts new GS 130A-343(h1) as the title indicates. Provides that the manufacturer of a wastewater system that is functionally equivalent to an accepted wastewater system may petition the Commission for Public Health (Commission) to have the system designated as an accepted wastewater system as provided in this subsection. Specifies information and data that the manufacturer is to provide to the Commission. Includes criteria for the Commission to consider in making its decision. Provides mandatory requirements that the performance characteristics of the wastewater system that is the subject of the petition must satisfy. Makes a conforming change to GS 130A-343(h).
Applies to wastewater systems that are designated by the Commission or after the effective date.
Intro. by Hilton, Gillespie. | GS 130A |
As title indicates. Makes changes to the following legislative committees and commissions: Legislative Services Commission; Joint Legislative Commission on Governmental Operations Joint Regulatory Reform Committee Joint Legislative Oversight Committee on Justice and Public Safety Joint Legislative Education Oversight Committee; Joint Legislative Oversight Committee on Health and Human Services Joint Legislative Transportation Oversight Committee Joint Legislative Oversight Committee on Local Government Joint Legislative Economic Development Oversight Committee and Environmental Review Commission. Makes conforming statutory changes.
Enacts new GS 143-341(4)e1. adding the power to identify and dispose of surplus state-owned real property to the Department of Administration’s (Department) list of powers and duties.
Enacts new Article 19, Surplus State-Owned Real Property, providing for the identification and management of surplus state-owned real property. Defines surplus state-owned real property as real property with title vested in the state that is unused or underused and no longer needed for state purposes. Directs the Department to continuously review the current uses of state-owned real property (property) to determine whether the property is surplus. Directs the Department to conduct the required review at least every two years for every piece of property with an appraised value of at least $25,000. Lists nine factors for the Department to consider when determining whether the property is surplus. Specifies that the review of property will not be based solely on qualitative or categorical information, but will also include quantitative data. Instructs the Department to report the determination that a piece of property is surplus to specified entities, and to include a statement that the property will be disposed as required. Details the timeline for transferring surplus property and the effect of a bill disapproving the transfer. Transfers title to the surplus property to the Teachers’ and State Employees’ Retirement System (Retirement System), effective on the property’s transfer date. Specifies that the conveyance will not require approval by the Governor and Council of State. States that the transferred property becomes an asset of the Retirement System within the meaning of Section 6 of Article V of the NC Constitution, and any net proceeds derived from the sale, lease, or other disposition remain funds of the Retirement System. Requires the State Treasurer to manage transferred property, as detailed. Directs the Department to sell, lease, or rent transferred property in a manner similar to other state-owned real property, except as detailed. Specifies that the net proceeds, as defined, of any disposition of transferred property are appropriated in the following priority: (1) in accordance with any trust or other instrument of title under which title to the property was acquired and (2) the remainder remitted to the State Treasurer to be deposited in the Retirement System. Requires state agencies to provide the Department any applicable information, as requested. Instructs the Department to report in writing on a quarterly basis to specified entities, including two types of detailed information. Explains restrictions on property disposition.
Enacts new GS 147-86.3, directing the State Treasurer to determine whether any disposition of transferred property is in the best interest, as defined, of the Retirement System, and to identify the best type of disposition. Includes additional provisions related to disposition of transferred property.
Effective October 1, 2011.
The Daily Bulletin: 2011-04-04
AN ACT TO AMEND THE LAW REGULATING PROPRIETARY SCHOOLS. Summarized in Daily Bulletin 2/1/11 and 2/23/11. Enacted March 31, 2011. Section 5 is effective March 31, 2011, and applies beginning with the 2011–12 academic year. The remainder is effective July 1, 2011.
Intro. by Tillman, Clodfelter. |
AN ACT MODIFYING THE FEDERAL MEDICAL ASSISTANCE PERCENTAGES CUTS IN THE 2010-2011 STATE BUDGET. Summarized in Daily Bulletin 2/9/11 and 3/10/11. Enacted March 31, 2011. Effective March 31, 2011.
Intro. by Brunstetter, Hunt, Stevens. |
Senate committee substitute makes the following changes to 1st edition.
Deletes the amendments in the previous edition and instead amends GS 20-179(c)(4), listing the aggravating factor of driving by the defendant with a child under 18 years old (currently, under 16 years old) in the vehicle at the time of the offense. Amends GS 20-179(c) to direct the judge to impose the Level One punishment if the judge finds that the grossly aggravating factor in GS 20-179(c)(4) applies, or two of the other (currently, two or more) grossly aggravating factors apply. Adds that if the judge does not find that GS 20-179(c)(4) applies, then the judge must impose the Level Two punishment if the judge determines only one of the other grossly aggravating factors applies. Makes a conforming change to the bill title.
Intro. by Purcell, Allran, Atwater. |
Senate amendments make the following changes to 2nd edition.
Clarifies GS 115C-215(d), directing the State Board of Education to adopt a salary range for driver education instructors who are public school employees and are not licensed teachers (was, public school employees without teacher certificates). Makes a conforming change. Adds a new section to make conforming changes to GS 20-11(b) (pertaining to a limited learner’s permit) and GS 20-322(b) (pertaining to the driver training school licensing law).
Intro. by Hartsell. |
Identical to H 584, filed 4/4/11.
Due to the fact that Governor Perdue's proposed budget was released on February 17, 2011, and has been available to the public well in advance of the filing of H 584, we will not be including a summary of the bill version of her budget. For the content of the bill, please follow the link included in the bill's short title above. Further information on the Governor's proposed budget can also be found on the Office of State Budget and Management's website at http://www.osbm.state.nc.us/ncosbm/osbm_library/superpubs/budget1113.shtm.
Identical to H 529, filed 3/30/11.
Enacts new GS 106-806 to allow a swine house that is a component of a preexisting swine farm to be constructed or renovated as long as the construction or renovation: (1) does not result in an increase in the permitted capacity; (2) does not result in requiring an increase in the total permitted capacity of the animal waste management systems; and (3) does not result in any portion of the constructed or renovated swine house being located any closer to the building or property that is the object of the siting requirement that the house fails to meet, if the swine house fails to meet siting requirements under GS 106-803. With written permission from the property owner that is recorded with the register of deeds, allows construction or renovation that results in part of the swine house being located closer to a residence, school, hospital, church, or a property boundary. Provides that the act does not apply to the construction or renovation of a swine house that is a component of a new swine farm. Applies to construction or renovation that occurs on or after the date that the act becomes effective.
Intro. by Rouzer, Jackson. | GS 106 |
Enacts new GS 163-82.4A and makes a conforming change to GS 163-82.5. Provides that the act does not affect a board of election’s acceptance of an otherwise valid voter registration application on a form that is not in English. Effective January 1, 2012.
Intro. by Brock. | GS 163 |
Amends GS 163-111 (currently provides for determination of primary results; second primaries), deleting the provisions applicable to second primaries, and makes a conforming change to the statute’s catch line. Amends GS 160A-23.1(d) to delete the provisions governing a second primary. Deletes the provisions related to second primaries in various statutes of GS Chapter 163. Repeals GS 163-227.1, 163-227.3(b), and 163-278.13B(d).
Enacts new Article 5 of GS Chapter 159G establishing the North Carolina Water and Wastewater Infrastructure Authority (Authority). Locates the Authority in the Department of Environment and Natural Resources (DENR) for administrative purposes. Provides definitions for the following as they apply in the proposed Article: (1) Authority means the NC Water and Wastewater Infrastructure Authority established in new GS 159G-71; (2) Commission means the State Water Infrastructure Commission; and (3) Strategic plan means the statewide strategic plan for the state's water and wastewater infrastructure developed by the Commission. Provides for 12 members with four members each appointed to the Authority by the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. Provides guidelines and criteria for initial appointments, terms, member qualifications, selection of a chair, filling of vacancies, and meeting other organizational needs of the Authority. Declares that the purpose of the Authority is to administer the state's funding for water and wastewater infrastructure projects. Identifies the duties of the Authority including awarding grants and loans for water and wastewater systems and implementing and maintaining the strategic plan for the State's water and wastewater infrastructure developed by the Commission after the plan is approved by the General Assembly. Requires the chair of the Authority to report each year by January 1 to the Joint Legislative Commission on Governmental Operations, the Environmental Review Commission, the Subcommittees on Natural and Economic Resources of the House of Representatives and Senate Appropriations Committees, and the Fiscal Research Division of the General Assembly regarding the implementation of the Authority's duties under proposed GS 159G-72. Includes specifications regarding the content of the report. Directs the Authority to appoint an Executive Director (ED), provides for hiring of clerical and other assistance as necessary by the ED, and provides criteria regarding compensation for the ED. Requires any state agency or other entity receiving state or federal funds to fund state water or wastewater infrastructure to cooperate with the Authority in using and disbursing those funds pursuant to the strategic plan. Directs the Department of Commerce to notify the Authority of grants and loan guarantees that it awards under GS 143B-431(d) for waste and wastewater infrastructure under the Community Development Block Grant program and of funds provided for water and wastewater infrastructure projects from the Industrial Development Fund established in GS 143B-437.01. Under current law, GS 113A-253.1(a), the General Assembly appropriates $100 million from the General Fund to the Clean Water Management Trust Fund each calendar year. Amends GS 113A-253.1(a) to provide that $25 million of the funds appropriated under this section are to be transferred annually to the Water Infrastructure Fund established in GS 159G-22 to be used in accordance with GS Chapter 159G. Transfers the Construction Grants and Loans Section of the Division of Water Quality and the Financial Services Unit in the Public Water Supply Section of the Division of Environmental Health from DENR to the Authority. Requires the Authority and the Rural Economic Development Center to develop a transition plan for the transfer of the Clean Water Partners Program and the water and wastewater portion of the Economic Infrastructure Program currently operated by the Rural Economic Development Center and program funds to the Authority by July 1, 2012. Amends GS 113A-253 and GS 113A-254 to provide that the Clean Water Management Trust Fund will not fund wastewater projects. Repeals Article 4 of GS Chapter 159G (established the State Water Infrastructure Commission). Amends GS 159G-30 to move the responsibility for administering loans and grants made from the Clean Water State Revolving Fund, the Drinking Water State Revolving Fund, the Wastewater Reserve, and the Drinking Water Reserve from DENR to the Authority. Amends GS 159G-32 to authorize the Authority (was, DENR) to make loans and grants from the Wastewater Reserve for certain specified projects and to make loans and grants from the Drinking Water Reserve for public water system projects. Makes additional conforming changes to GS Chapter 159G-20, through159G-26, 159G-30, 159G-32 through 159G-35, and 159G-37 through 159G-44. Effective July 1, 2012.
Amends GS 131E-183 as the title indicates.
Intro. by Hartsell. | GS 131E |
Amends GS 93A-2(c)(1) to provide the exemption from the licensure requirements regulating real estate brokers and salespersons as the title indicates.
Intro. by Hunt. | GS 93A |
Amends GS 130A-156 to require the Commission for Public Health to adopt by rule medical contraindications to immunizations required by GS Chapter 130A (Public Health) or GS Chapter 166A (North Carolina Emergency Management Act) (was, required by GS 130A-152). Amends GS 130A-157 to provide that an adult or child is exempt from immunization requirements in GS Chapter 130A or GS Chapter 166A (was, GS Chapter 130A) if the religious beliefs of an adult or the parent, guardian, or person in loco parentis of a child are contrary to immunization requirements.
Intro. by Kinnaird. | GS 130A |
Enacts new GS 15A-153 as the title indicates. Exempts the Department of Corrections or public employers who have a statutory duty to collect a criminal history check or otherwise consider an employee’s criminal history in the hiring process. Provides that the statute does not prohibit a public employer from notifying applicants that law or the employer’s policy will disqualify an individual with a particular criminal history record from employment in particular positions. Applies to applications submitted on or after July 1, 2011.
Intro. by D. Berger, McKissick. | GS 15A |
Identical to H 608, filed 4/4/11.
As title indicates.
Intro. by Kinnaird, Blue. | HOUSE RES |
The Daily Bulletin: 2011-04-04
House committee substitute makes the following changes to 1st edition.
Deletes all provisions of previous edition and instead amends GS 115C-84.2(a)(1), specifying that a school calendar includes a minimum of either 180 days or 1,000 hours of instruction covering at least nine calendar months. Allows the local board of education to designate when the 180 days or 1,000 hours will occur. Adds that, if due to inclement weather, a local board of education complies with the school calendar requirements by scheduling 1,000 hours of instruction on less than 180 days, then the local school administrative unit is deemed to have a minimum of 180 instructional days, teachers employed for a 10-month term are deemed to have been employed for 180 instructional days, and all other employees will be compensated as if they worked the regularly scheduled hours for 180 instructional days. Applies only to Dixon Elementary, Middle, and High Schools in Onslow County, and only in the 2010-11 school year for days missed due to a declared state of emergency. Makes a conforming change to the bill title.
Intro. by Hastings. | Onslow |
The Daily Bulletin: 2011-04-04
Actions on Bills: 2011-04-04
H 7: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROGRAM.
H 21: COUNTY ADMINISTRATION OF MUNICIPAL ELECTIONS
H 33: CONSULAR DOCUMENTS NOT ACCEPTABLE AS ID (NEW).
H 59: SEX OFFENDERS CAN'T BE EMS PERSONNEL.
H 111: AMEND FIREARMS LAWS (NEW).
H 153: NO PUBLIC RETIREMENT FOR CONVICTED FELONS (NEW).
H 159: MILITARY SERVICE NOTATION ON LICENSES.
H 180: WILMINGTON VOLUNTARY ANNEXATIONS (NEW).
H 199: METAL THEFT PREVENTION ACT OF 2012 (NEW).
H 218: LEGISLATIVE TASK FORCE ON CHILDHOOD OBESITY.
H 234: JUROR QUALIFICATIONS/DISABILITIES.
H 261: INTRASTATE MOTOR CARRIER MARKINGS.
H 263: RETIREMENT ALLOWANCE/REMARRIAGE OPTION.
H 268: RECLAIMED WATER RULES/ STORM DEBRIS CLEANUP (NEW).
H 280: COUNTY LAW ENFORCEMENT SERVICE DISTRICT.
H 316: MODIFY NCGA POLICE POWERS (NEW).
H 335: PRISON MAINT/JUSTICE REINV/TECH CORR. (NEW).
H 336: AMEND WEIGHT REQUIREMENTS-CERTAIN VEHICLES.
H 358: APEX/CARY ANNEXATION INTO CHATHAM RESTRICTED.
H 382: JUVENILE CODE REVISIONS.
H 574: DISTRIBUTION MOD TO EXCISE TAX ON CONVEYANCES.
H 575: SERVICE AGREEMENTS/ALLOW RESERVE ACCOUNT.
H 576: VACANCY SPECIAL ELECTION.
H 577: MEDICAL CANNABIS ACT.
H 578: STATE HEALTH PLAN/ADDITIONAL CHANGES (NEW).
H 579: MODIFY LAW RE: CORPORAL PUNISHMENT.
H 580: LOCAL HUMAN SERVICES ADMINISTRATION.
H 582: AMEND FELONY FIREARMS ACT/INCREASE PENALTIES.
H 586: ENHANCE WATER SUPPLY FUNDING.
H 587: NORTH CAROLINA JOBS BILL.
H 588: THE FOUNDING PRINCIPLES ACT.
H 589: DIVORCE/DVPO/CHILD SUPPORT CHANGES.
H 590: AMEND INTERPRETER LAWS/CUED SPEECH.
H 591: LDP CHANGES/IGNITION INTERLOCK EXEMPTION.
H 592: STUDY COUNTY PUBLIC-PRIVATE PARTNERSHIPS.
H 593: ALLOW COUNTY GRANTS FOR BROADBAND (NEW).
H 594: FUNCTIONALLY EQUIVALENT WASTEWATER SYSTEMS.
H 595: REORGANIZATION/LEGISLATIVE OVERSIGHT COMNS.
H 596: TRANSFER SURPLUS PROP. TO RETIREMENT SYSTEM.
H 597: UI/FIX AGGRIEVED PARTY DEFINITION.
H 598: NC HIGHWAY 54 CORRIDOR STUDY
H 599: PATIENT'S RIGHT/NOTICE OF PROF. LIAB. INS.
H 600: ALLOW/CONTROLLED SUBSTANCE FELONY/WK 1ST/SNAP.
H 601: REDUCE BLOODBORNE DISEASE INFECTION.
H 602: LAW ENFORCEMENT OFFICER FAIRNESS ACT.
H 603: PAYING OF OVERWEIGHT FINES BY PRIVATE PARTIES.
H 604: EXEMPT MILITARY RETIREMENT FROM INCOME TAX.
H 605: EXPAND SETOFF DEBT COLLECTION ACT.
H 606: SHERIFF/INSPECT PRESCRIPTION DRUG RECORDS.
H 607: HABITUAL DWI RESTORATION CLARIFICATION.
H 608: HONOR B. HOLT.
H 609: PROMOTE WATER SUPPLY DEVELOPMENT/EFFICIENCY (NEW).
H 610: HOG LAGOON PHASE OUT/LIVESTOCK TREATMENT.
H 611: POLITICAL ROBO CALLS/DO NOT CALL REGISTRY.
H 612: INCAPACITY TO PROCEED/LRC STUDY.
H 613: NC-THINKS PROGRAM AMENDMENTS.
H 614: ENACT VOLUNTEER HEALTH CARE SERVICES ACT (NEW).
H 615: NO DISCRIMINATORY PURPOSE IN DEATH PENALTY.
H 616: AMEND ENGINEERS AND SURVEYORS LAWS.
S 2: CHAMBERLIN'S LAW.
S 5: HONOR JOHN MCNEILL SMITH, JR.
S 18: CLARIFY DEFINITION/ JUD. DISTRICT/ STATE BAR.
S 31: CLARIFY PENALTY UNAUTH. PRACTICE OF MEDICINE (NEW).
S 49: INCREASE FINE FOR SPEEDING/SCHOOL ZONES.
S 107: TAX OF IMPROVED PROP. IN ROADWAY CORRIDORS.
S 130: WINE DISTRIBUTION TERRITORIES.
S 241: DWI/CUSTODIAL INTERROGATION AMENDMENTS (NEW).
S 244: FIRE AND RESCUE/SURVIVOR'S BENEFIT.
S 248: UPDATE ARCHAIC DISABILITY TERMS.
S 265: TRANSFER STATE HEALTH PLAN TO STATE TREASURER.
S 339: MODIFY DRIVER EDUCATION PROGRAM.
S 340: STATE HISTORIC SITES SPECIAL FUND.
S 368: MODIFY PUBLIC SWIMMING POOL REQUIREMENTS.
S 369: REAPPOINT JOS. A. SMITH COMMISSIONER OF BANKS.
S 375: FACILITATE STATEWIDE HEALTH INFO EXCHANGE.
S 399: ECOSYSTEM ENHANCEMENT PROGRAM (NEW).
S 406: REPEAL CROSSBOW PURCHASE PERMIT REQUIREMENT.
S 479: TESTING IN THE PUBLIC SCHOOLS.
S 480: LET THOSE WHO RIDE DECIDE.
S 481: MENTAL HEALTH WORKERS' BILL OF RIGHTS.
S 482: ALJ FINAL DECISION AUTHORITY.
S 483: CREATE INDEPENDENT STATE FORENSICS LABORATORY.
S 484: REPS CREDITS AT CLEANFIELDS PARKS.
S 485: FARMLAND PRESERVATION SPECIAL PLATE.
S 486: RELEASE SUBDIVIDED LOTS FROM TAX LIENS.
S 487: DISPUTED EARNEST MONEY/ATTORNEYS DEPOSIT.
S 488: LANDLORD NOTICE NC BAR/HOMEOWNER-BUYER PROT. (NEW).
S 489: EFFECTIVENESS OF JOB CREATION PROGRAMS (NEW).
S 490: AUTOMOBILE INSURANCE REGULATORY MODERNIZATION.
S 491: CONTINUE LOCAL FOOD ADVISORY COUNCIL (NEW).
S 492: PROTECT LANDOWNERS' WATER RIGHTS.
S 493: CODIFY NC CENTURY FARMS PROGRAM IN DACS.
S 494: GAS TAX REFUND FOR EMERGENCY COMMUNICATORS.
S 495: DISTRICT COURT DIST. 25 RESIDENCY.
S 496: MEDICAID AND HEALTH CHOICE PROVIDER REQ. (NEW).
S 497: ECU/BD OF GOVERNORS DENTAL SCHOLARSHIP-LOAN.
S 498: MODIFY LAW RE: CORPORAL PUNISHMENT.
S 499: CLARIFY AG DEVELOPMENT/PRESERVATION IN DACS.
S 500: GOVERNOR'S BUDGET.
S 501: SWINE HOUSE RENOVATIONS/SITE LIMITS.
S 502: VOTING MATERIALS IN ENGLISH.
S 503: NO SECOND PRIMARIES.
S 504: WATER INFRASTRUCTURE AUTHORITY/WATER GRANTS.
S 505: EQUAL TREATMENT UNDER SMFP.
S 506: JUVENILE AGE TO 18.
S 507: CLARIFY EXCEPTION/REAL ESTATE BROKER LAWS.
S 508: CLARIFY VACCINE EXEMPTIONS/EMERG. MGMT ACT.
S 509: "BAN THE BOX"/PUBLIC EMPLOYMENT.
S 510: HONOR B. HOLT.
S 511: CITIES/COMMUNICATIONS SERVICE.
Actions on Bills: 2011-04-04
H 56: LOCAL ANNEXATIONS SUBJECT TO 60% PETITION (NEW).
H 156: LENOIR FOX TRAPPING.
H 201: BLADEN FOX HUNTING AND TRAPPING.
H 236: BILTMORE LAKE ANNEXATION REPEALED.
H 265: CHOWAN FOX SEASONS.
H 278: WAKE/KINSTON LOCAL ACT (NEW).
H 310: KINSTON MAYORAL VETO.
H 322: HAYWOOD SCHOOL BOARD FILING PERIOD.
H 328: WAYNE SHERIFF VACANCIES.
H 338: BURKE SCHOOL BOARD RECALL.
H 360: COLUMBIA MUNICIPAL EARLY VOTING.
H 365: PINK HILL ELECTIONS.
H 581: AMEND LUMBERTON FIREMEN'S PENSION FUND.
S 46: SURRY FOX AND COYOTE TAKING SEASON (NEW).
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