AN ACT TO PROHIBIT SEX OFFENDERS FROM BEING EMERGENCY MEDICAL SERVICES PERSONNEL. Summarized in Daily Bulletin 2/8/11, 2/17/11, and 4/4/11. Enacted April 12, 2011. Effective April 12, 2011.
The Daily Bulletin: 2011-04-13
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The Daily Bulletin: 2011-04-13
Intro. by McGrady, Mobley, Randelman, Haire. |
AN ACT TO CLARIFY REQUIREMENTS APPLICABLE TO NOTICE, COLLECTION, AND REMOVAL OF MINERAL OIL DISCHARGES FROM ELECTRICAL EQUIPMENT. Summarized in Daily Bulletin 2/15/11 and 2/28/11. Enacted April 12, 2011. Effective April 12, 2011.
Intro. by Hager, Gillespie. |
AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO MAKE A NOTATION ON A NORTH CAROLINA DRIVERS LICENSE SHOWING A LICENSE HOLDER'S MILITARY VETERAN STATUS. Summarized in Daily Bulletin 2/22/11, 3/8/11, and 3/9/11. Enacted April 12, 2011. Effective when the Division of Motor Vehicles has completed the implementation of the Division’s Next Generation Secure Driver License System or July 1, 2012, whichever occurs first.
Intro. by Goodman. |
House committee substitute makes the following changes to 1st edition.
Deletes all provisions of the first edition and instead enacts new subsection (d) to GS 45-21.22 to require the clerk of superior court or the trustee or mortgagee to release any deposits, as detailed, if completion of the foreclosure sale is stayed pursuant to specified federal law before the expiration of the 10-day upset bid period. Makes clarifying changes, and makes a conforming change to the statute’s catch line. Effective October 1, 2011.
Intro. by Randleman. |
House committee substitute makes the following changes to 2nd edition.
Restores the language in the original bill by amending Section 7 of SL 2010-129 to allow a local government that imposed an assessment before 2012 to finance a capital project that has been assumed by another unit of local government to return unused assessments to the person that paid the assessment.
Intro. by Iler. |
House committee substitute makes the following changes to 1st edition.
Makes a clarifying change to the definition of plug-in electric vehicle in GS 20-4.01(28a). Amends GS 20-146.2(a) to require that plug-in electric vehicles be able to travel at the posted speed limit while operating in the HOV lane, in order to be exempted from HOV lane restrictions.
Intro. by Lewis, Gibson, Samuelson. |
AN ACT ADOPTING THE TOWN OF GRIFTON'S SHAD FESTIVAL AS THE OFFICIAL SHAD FESTIVAL OF THE STATE OF NORTH CAROLINA. Summarized in Daily Bulletin 3/10/11. Enacted April 12, 2011. Effective April 12, 2011.
Intro. by McLawhorn, E. Warren, Cook. |
House amendment makes the following changes to 1st edition.
Deletes the provision directing the Department of Correction (Department) to expand the scope of requests for proposals for prison maintenance, and instead permits the Department to proceed with the current request for proposals for prison maintenance for Tabor City Correctional Institution, Bertie Correctional Institution, and Maury Correctional Institution. Adds a section directing the Department to study the potential benefits and costs of contracting for maintenance services at prison facilities and to report findings to the 2013 General Assembly. Prohibits the Department from expanding private maintenance contracts unless authorized by the 2013 General Assembly. Makes a conforming change to the act’s title.
Intro. by Guice. |
House committee substitute makes the following changes to 1st edition.
Amends proposed GS 105A-2(6)h., clarifying that housing authorities created under GS Chapter 157 are added to the list of local agencies, provided the debt owed to the housing authority has been reduced to a final judgment in favor of the housing authority. Makes a conforming change to the bill title.
Intro. by Cook. |
Senate committee substitute makes the following changes to 2nd edition. Replaces previous bill with AN ACT TO PROTECT UNEMPLOYMENT BENEFITS AND PREVENT ANY SHUTDOWN OF STATE GOVERNMENT with following provisions:
• Amends GS 96-12.01(a1)(4) to add new sub-subsubdivisions to provide for extended unemployment benefits as allowed under federal Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 for weeks beginning after December 17, 2010, and ending no later than December 31, 2011, under specified conditions. Provides that intent is to allow extended benefits so long as payment does not hinder state ability to reduce its debt to federal government for payment of extended benefits. New extended benefits provisions are void if payment would divert federal payroll tax revenue payable by NC employers from paying down amount state owes to federal government. Expires January 1, 2012.
• Until 2011 budget act is enacted, authorizes governor to allocate funds for fiscal 2011-12 at 87% of governor’s recommended base budget for that period excluding debt service amounts, and appropriates funds at that level. Specifies that governor is not to use overrealized receipts, cash balances, or other funds to offset expenditures. Legislative and judicial branches are to manage cuts in their budgets.
• Prohibits increases in salaries beyond June 30, 2011, level from any source until 2011 budget act takes effect. Also prohibits step increases for assistant and deputy clerks of court, magistrates, and Highway Patrol unless authorized by General Assembly.
• Amends S 265, revision of state health plan, if it becomes law, to increase state employer contribution rates for teachers and state employees, state law enforcement officers, and judicial retirement system. Appropriates following amounts from General Fund for fiscal 2011-12 for retirement contributions: $5.8 million to Treasurer for fire and rescue squad workers and $263,000 for National Guard; $297.4 million for reserve for state employees and $7.9 million reserve for judicial system. Also appropriates $13.6 million from Highway Fund to reserve for state employees retirement.
• Prohibits Controller from transferring funds from unreserved credit balance to Repairs and Renovations Reserve Account or Savings Reserve Account on June 30, 2011.
• Authorizes use of up to $125 million in unreserved credit balance to address Medicaid liabilities incurred in fiscal 2009-10, and appropriates funds for that purpose.
• Amends GS 147-69.2(b)(11) to defer from October 1, 2011, to October 1, 2012, payment of Global TransPark Authority obligations.
• Specifies that provisions of 2009 and 2010 budget acts that funds not revert at end of fiscal year remain in effect for current fiscal year. Effective June 30, 2011.
• Allows funds appropriation in act to be used for increases in enrollment in public schools, community colleges, and UNC.
• Requires that appropriations in act be used to fully fund state debt service.
• Specifies that if S 265, revision of state health plan, becomes law, funds appropriated in that act are to be used only for those purposes.
• Prohibits governor from using funds in Savings Reserve Account unless approved by General Assembly.
• Effective July 1, 2011, and expires June 30, 2012, or when 2011 budget act becomes law, whichever occurs first.
Intro. by Brubaker, McComas, Wainwright, Tolson. |
House committee substitute makes the following changes to 1st edition. Adds a section amending GS 126-3, specifying that the Office of State Personnel is responsible for administering the NC-Thinks program.
Intro. by Dollar, McGee. |
Please note: this is a corrected digest for H 755, originally published in the April 7, 2011, Daily Bulletin.
Amends definitions in GS Chapter 113, Subchapter IV, “Conservation of Marine and Estuarine and Wildlife Resources” so that the terms “fur-bearing animals” and “game animals” include coyote, gray fox, and red fox. The following two provisions become effective October 1, 2011: adds red foxes, gray foxes, and bobcats to list of animals that may be taken with electronic calling devices; and, adds bobcats, coyotes, gray foxes, and red foxes to the list of animals that may be hunted by certain handguns and ammunition prescribed by the Wildlife Resources Commission (WRC). Eliminates existing provisions concerning hunting of foxes in GS 113-291.4. Allows WRC to adopt rules for an open season for taking red and gray foxes and coyotes with firearms. Clarifies that WRC regulations concerning foxes trump previously existing local bills concerning hunting of foxes and eliminates certain local bills from list of local bills that are not trumped by WRC regulations contained in GS 113-133.1(e). Provisions concerning local bills become effective as of the effective date of rules adopted by WRC establishing open season on trapping of foxes.
Intro. by Committee on Agriculture. | GS 113 |
Beginning with 2012 statewide primary, amends GS 163-166.7(a) and GS 163 -227.2(b) to require a person voting to present government-issued photo ID or identification document listed in GS 163-166.12(b) (e.g., utility bill, bank statement). Voter who does not have such document must complete an affidavit saying that voter is the person on registration roll and verifying name, address, and birthdate. False affidavit is Class I felony.
Specifies various actions state and county election boards are to take to educate voters about identification requirement, including information on websites, publication in state voter guide, and public service announcements. Appropriates $450,000 from General Fund for fiscal 2011-12 for implementation, with $100,000 to State Board of Elections, $250,000 to county boards of elections based on number of registered voters, and an additional $100,000 to county boards in counties subject to Section 5 of Voting Rights Act. Also appropriates $150,000 from General Fund to State Board for fiscal years 2011-13 for investigator for voter fraud. Authorizes use of Help America Vote Act funds for educational activity. Appropriations effective July 1, 2011.
Appropriates $1.47 million for 2011-12 and $1.47 million for 2012-13 from the General Fund to the Department of Crime Control and Public Safety (DCCPS) to support the positions of a mental health and substance abuse counselor, a behavioral case manager, and a veteran outreach specialist at each of the National Guard’s seven Family Assistance Centers. Specifies that the funded positions will enhance the NC National Guard Integrated Behavioral Health System, with priority given to individuals who are not eligible for, or have difficulty accessing, U.S. Department of Veterans Affairs services or TRICARE. Directs state and local agencies who assist individuals who served in the active or reserve components of the Armed Forces and their families to make personnel and other resources available to the Family Assistance Centers. Permits the appropriated funds to also be used for other detailed purposes. Directs DCCPS to report annually to various legislative committees on the Family Assistance Centers, including information on services provided and the number and type of Armed Forces members, veterans, and families served. Effective July 1, 2011.
Directs the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services (MH/DD/SAS) to collaborate with military agencies and appropriate organizations to determine gaps in the care of current or former Armed Forces members with traumatic brain injury, to develop recommendations for an accessible community-based neurobehavioral system of care, and to report recommendations by July 1, 2012, to specified entities. Instructs the Division of Medical Assistance (DMA), MedSolutions, Inc., and the U.S. Department of Veterans Affairs to confirm that MedSolutions, Inc., is using appropriate evidence-based diagnostic testing for screening and assessing traumatic brain injury.
Directs the NC Area Health Education Centers (AHEC) Program to facilitate and continue to provide health education and skills training for applicable parties about the health, mental health, and substance abuse needs of the military families, including information about nine specified topics. Instructs AHEC to collaborate with several listed programs and entities to provide the information. Appropriates $250,000 for 2011-12 from the General Fund to AHEC to develop additional programs to present the information, as described.
Directs MH/DD/SAS and DMA to explore the possibility of implementing value-based purchasing or grants to provide additional reimbursement to providers engaged in five specified actions. Also directs the agencies, in collaboration with the U.S. Department of Veterans Affairs, to define appropriate behavioral health process and outcome measures on which to tie performance-based incentive payments. Requires that MH/DD/SAS report recommendations by July 1, 2012, to specified committees, as indicated.
Directs the NC Office of Rural Health and Community Care, in conjunction with other listed agencies and groups, to expand the accumulation in primary care practices serving the adult population of licensed health professionals trained in providing mental health and substance abuse services. Appropriates $500,000 for 2011-12 and $500,000 for 2012-13 from the General Fund to the NC Office of Rural Health and Community Care to provide grants to support two specified activities, with funds targeted as indicated. Effective July 1, 2011.
Appropriates $128,502 for 2011-12 and $128,502 for 2012-13 from the General Fund to the Department of Health and Human Services (DHHS) to expand CARE-LINE. Effective July 1, 2011.
Enacts new subsection (g) to GS 122C-115.4 (functions of local management entities), directing the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules to ensure that the needs of Armed Forces members, veterans, and their families are met by requiring (1) that each local management entity (LME) have at least one trained care coordination staff person as the contact person to ensure access to state-funded services and (2) LME staff to receive training applicable to the services provided, as specified.
Directs the University of North Carolina (UNC), the NC Community College System Office, and other higher education institutions in North Carolina, with AHEC and the Governor’s Institute on Substance Abuse to seek and apply for federal grants to expand mental health and substance abuse training opportunities in North Carolina. Directs the UNC Board of Governors to report to specified committees on the federal funds by July 1, 2012, including recommendations on whether the funds will meet two detailed goals. Requires that NC institutions of higher education comply with the UNC Board of Governors’ reporting requirement.
Directs MH/DD/SAS, in conjunction with listed entities, to develop a training curriculum for specified parties, including crisis workers, veterans service officers, professional advocacy and support organizations, and military chaplains. Requires the curriculum to include information on three detailed core issues, and requires the portion of the curriculum directed to crisis workers, professional advocacy and support organizations, and faith communities to include five specified types of information. Instructs MH/DD/SAS to report to various committees on the curriculum before July 1, 2012.
Enacts new subdivision (60) to GS 115C-47 (powers and duties of local boards of education) to require local boards of education to collect and annually report to the State Board of Education (SBOE) three detailed types of information related to students with family members in the military for each school in the local school administrative unit. Enacts new subdivision (38) to GS 115C-12 (powers and duties of the State Board of Education), requiring the SBOE to submit the report received from the local boards to various legislative committees before March 15 each year. Effective October 1, 2011.
Directs the UNC General Administration, in collaboration with other listed entities, to research ways to address the behavioral health problems and challenges facing military personnel, veterans, and their families. Specifies criteria for the collaborative research teams, and instructs the teams to pursue federal funding. Requires the research to include, at a minimum, five particular goals. Requires that UNC General Administration annually report findings to various legislative committees, beginning on July 1, 2012.
Effective when the act becomes law, unless otherwise indicated.
The Daily Bulletin: 2011-04-13
Senate committee substitute makes the following changes to 1st edition. Amends GS 14-269 to limit the exemption to the prohibition on carrying a concealed weapon to those district attorneys, assistant district attorneys, and investigators employed by a district attorney’s office who have a concealed handgun permit (deletes provision extending the exemption to those that are certified as having completed a basic law enforcement training course), and prohibits these exempted individuals from carrying a concealed weapon in a courtroom. Requires the district attorney, assistant district attorney, or investigator to secure the weapon in a locked compartment when the individual is not carrying the weapon. Makes technical changes.
Intro. by Apodaca, Meredith. |
House committee substitute makes the following changes to 1st edition.
Makes a technical change.
Intro. by Jenkins. |
AN ACT TO (1) MODIFY THE APPLICABILITY OF CERTAIN FENCING REQUIREMENTS TO PUBLIC SWIMMING POOLS; (2) PROVIDE THAT REQUIREMENTS RELATED TO DRESSING AND SANITARY FACILITIES DO NOT APPLY TO INTERACTIVE PLAY ATTRACTIONS; (3) DIRECT THE COMMISSION FOR PUBLIC HEALTH TO STUDY ISSUES RELATED TO FENCING REQUIREMENTS FOR WADING POOLS; AND (4) TEMPORARILY PROHIBIT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FROM ENFORCING CERTAIN REQUIREMENTS RELATED TO FENCING FOR WADING POOLS. Summarized in Daily Bulletin 3/17/11, 3/22/11, and 3/31/11. Enacted April 12, 2011. Effective April 12, 2011.
Intro. by Tucker, Rouzer. |
Identical to H 676, filed 4/6/11.
Amends GS 96-12.01(a1)(4)c. (regarding benefits for weeks of unemployment in North Carolina) and GS 96-12.01(a1)(4)e. (regarding the total extended benefit amount) as the title indicates.
Adds a new sub-sub-subdivision to GS 96-12.01(a1)(4)c. to provide that the section applies as provided under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Job Creation Act) as the Act existed on December 17, 2010, and applies to compensation for weeks of unemployment beginning after December 17, 2010, and ending on or before December 31, 2011, providing that statistical data regarding (1) the average rate of insured unemployment, not seasonally adjusted, or total unemployment, seasonally adjusted, as determined by the U.S. Secretary of Labor and (2) the average rate of total unemployment in North Carolina, seasonally adjusted, as determined by the U.S. Secretary of Labor, meets the specified criteria.
Also adds a new sub-sub-subdivision to GS 96-12.01(a1)(4)e. to provide that the subdivision applies as provided under the Job Creation Act as the Act existed on December 17, 2010, and applies to compensation for weeks of unemployment beginning after December 17, 2010, and ending on or before December 31, 2011, providing that statistical data regarding (1) the average rate of total unemployment, seasonally adjusted, as determined by the U.S. Secretary of Labor and (2) the average rate of total unemployment in this state, seasonally adjusted, as determined by the U.S. Secretary of Labor, meets the specified criteria.
Effective when the act becomes law and expires January 1, 2012.
Intro. by Nesbitt, Stein, Hartsell. | GS 96 |
Authorizes the Legislative Research Commission to conduct study as the title indicates; also allows study of any appropriate proposal that would improve the attractiveness and affordability of the Plan for those seeking family coverage.
Intro. by Brunstetter. | STUDY |
Amends GS 1A-1, Rule 7(b)(4), by deleting most of the provision and instead stating that a motion in a civil action in a county that is part of a multicounty judicial district may be heard in another county that is part of the same judicial district with permission of the district’s senior resident superior court judge or designee. Requires a motion heard outside the county in which the case is filed to be heard at a civil session of court, except during emergencies determined by the senior resident superior court judge or designee. Applies to motions made on or after October 1, 2011.
Intro. by Newton. | GS 1A |
Establishes study committee as title indicates, citing $2.2 billion debt of 32 municipalities in NC Eastern Municipal Power Agency, primarily incurred to finance nuclear power plants. Committee comprised of six senators appointed by president pro tem and six representatives appointed by speaker. Final report to be made to 2012 session.
Intro. by Newton. | STUDY |
Replaces GS 47C-3-116 (procedures for liens for assessments by homeowners associations) with new GS 47C-3-116.1, and replaces GS 47F-3-116 (comparable provisions for liens for planned community associations) with new GS 47F-3-116.1. Most significant change in both statutes is inclusion of new subsections concerning foreclosure of lien in like manner as mortgage or deed of trust on real estate under power of sale. Specifies ways in which this procedure is to differ from that provided in Article 2A of GS Chapter 45. Provides for association to appoint trustee to conduct nonjudicial foreclosure proceeding and sale; notice to unit owner of intent to commence nonjudicial foreclosure; dismissal of the foreclosure procedure if debt plus costs, attorney’s fees, trustee commission is satisfied before upset period expires; authorization for association to bid at foreclosure proceeding; and trustee compensation. Also modifies notice procedures for lien claim, allowing service by first class mail rather than service procedure under Rule 4(j) of the Rules of Civil Procedure. Enacts new GS 47C-3-116.2 and 47F-3-116.2, validating nonjudicial foreclosure proceedings commenced by associations before July 1, 2011, and all sales and transfers of property as part of those proceedings, unless action to set aside foreclosure is commenced by July 1, 2012, or within one year of sale, whichever is later. Validation provisions are not applicable to pending litigation. Effective July 1, 2011.
Amends GS 130A-295.04, which sets forth financial responsibility requirements for applicants for a permit and permit holders for hazardous waste facilities, to delete the provision allowing the applicant to use a financial test or captive insurance to establish financial assurance under GS 130A-295.04(d). Deletes the provision allowing the Department of Environment and Natural Resources (DENR) to require an applicant for a permit for a commercial hazardous waste facility to provide cost estimates for off-site screening in the event of a hazardous waste release. Adds that compliance with the financial assurance requirements in specified federal law is sufficient to meet the financial assurance requirements in GS 130A-295.04(f). Deletes provision allowing the Environmental Management Commission (Commission) to adopt rules regarding financial responsibility.
Amends GS 130A-295, which provides additional requirements for hazardous waste facilities, to clarify that an applicant for a permit for a new hazardous waste facility must provide to the applicable entity specified information at least 120 days before submitting an application. Clarifies that, within 60 days of receiving the applicant’s information, each local government and emergency response agency must respond to the applicant in writing on the review (rather than adequacy) of the applicant’s contingency plan and state that the local government or emergency response agency will respond to an emergency resulting in hazardous waste release to the best of the entity’s ability with available resources and equipment, according to the entity’s role under the contingency plan. Provides that DENR (rather than the permit holder) will verify, every two years after a permit is issued, that resources and equipment are available and adequate to respond to a facility emergency. Adds that contingency plan verification under GS 130A-295(g) is available through the UT-Dallas E-Plan reporting system. Makes clarifying changes.
Amends GS 130A-295.01, which sets forth additional requirements for commercial hazardous waste facilities, to clarify that an applicant must notify every person residing or owning property located within one-fourth mile of any property boundary of the facility within 10 days of filing an application for a permit for a new commercial hazardous waste facility. Deletes provision requiring the permit holder to annually publish notice of such information as specified, and instead requires the permit holder to publish the notice in a newspaper (rather than by mail) at the midpoint of the period for which the permit is issued. Makes conforming changes. Directs DENR to determine any increase or decrease in the number of sensitive land uses and in estimated population density, as specified, before January 31 of each year (currently requires the owner or operator to report the information to DENR). Makes other clarifying changes.
Amends GS 130A-295.02(j) to delete the provision requiring adopted rules to establish times and frequencies for the presence of a resident inspector at certain facilities.
Amends GS 130A-294(c)(8), which pertains to rules establishing a regulatory scheme for hazardous waste management, to clarify that the rules must develop standards regarding location, design, ownership, and construction of hazardous waste facilities (deletes conditional language).
Intro. by Vaughan. | GS 130A |
Enacts new GS 20-78.1 to provide that a lease transaction does not create a sale or security interest in a motor vehicle or trailer simply because the lease contains a terminal rental adjustment clause that permits or requires the rental price to be adjusted up or down as specified.
Intro. by Vaughan. | GS 20 |
Proposes constitutional amendment effective January 1, 2013, to create independent redistricting commission similar to that proposed by House Bill 783, filed 4/6/11, with most significant differences being January 1, 2013, effective date of the amendment (House Bill 783 would apply only to redistricting after 2020 census); difference in composition of the commission; inclusion of amendments to GS Chapter 163 on procedure for selection of commission; and naming of the commission after former state senator Ham Horton.
Constitutional amendment provides for 11-member Hamilton C. Horton, Jr. Independent Redistricting Commission (Commission), four members each from the two largest political parties and three unaffiliated with either major party. Prohibits more than two members from residing in the same county and requires racial, ethnic, geographic and gender diversity. Excludes anyone or any family member who has been a candidate for or served in public office in the last five years or has been a party official or employee or a lobbyist. Provides additional details on the Commission composition.
New GS 163-207.1 sets out procedure for selection of redistricting Commission. Sets out nominating process for selecting screening panelists. Creates 10-member screening panel of current or retired county election board members and directors responsible for establishing a pool of 55 nominees for the Commission, with nominees 20 each registered with two major political parties. President Pro Tempore, Speaker and Minority Leaders in both houses then get to strike up to two nominees each. Commission members are then chosen by lottery by the State Board of Elections (State Board) from political party and unaffiliated subpools. If three of four legislative leaders object to Commission for lack of diversity, the State Board goes to another round of random drawings, with a limit of three drawings.
Constitutional amendment to go on ballot at November 2012 general election.
Identical to H 620, filed 4/5/11.
Authorizes the Department of Transportation (DOT) to pave or maintain roads at less than current DOT standards if an adjoining property is designated historic or having high scenic value, or if leaving the road unpaved enhances a low-volume business or agribusiness venture, unless the owner of the adjoining property consents to paving and maintenance at current DOT standards. Lists factors that DOT must use in reevaluating whether and how to pave or maintain such a road. Allows DOT to pave to standards despite the lack of consent of adjoining property owners, if DOT determines that the condition of the road places lives of the motoring public at risk based on five specified factors. Requires DOT to pay the owner or owners of property adjoining such a road the depreciation in the historic, scenic or business goodwill of the property if DOT decides to pave to standards without consent of an adjoining owner. Removes roads that are not paved or maintained to standards under these provisions from counting as unpaved miles of state-maintained roads and from counting in the equity formula for highway funding.
Intro. by Kinnaird. | GS 136 |
As title indicates.
Intro. by Clary, Brock, Soucek. | GS 143 |
Amends GS Chapter 14, Article 36A (Riots and Civil Disorders) by adding new GS 14-288.1A, specifying that authority under Article 36A to declare states of emergency and enact ordinances for dealing with riots and other civil disorders does not include authority to restrict otherwise lawful possession and transportation of firearms and ammunition. Also amends GS 14-288.7(b) to specify that the prohibition on transportation of weapons in areas of declared emergency does not apply to otherwise lawful possession of firearms and ammunition. Makes a conforming change to GS 14-288.12(b). Effective Dec. 1, 2011.
Intro. by D. Berger, Brock. | GS 14 |
Adds new GS 163-166.13 requiring presentation of one of the following to vote: North Carolina driver’s license, North Carolina voter ID card or other government-issued identification card, US passport, federal or North Carolina local gov’t employee ID card, US military ID, or tribal ID card. Provides for provisional ballot for person who cannot present ID at polling place. Adds new GS 163-166.14 to require each county board of elections to issue voter ID cards without charge upon presentation of specified documentation. Lists information included on the voter identification card, and provides additional information on the cards. Amends GS 163-22 to require the State Board of Elections to conduct a voter educational program on the need for identification. Amends GS 163-82.6A(b) to require presentation of the same kind of ID as under new 163-166.13 to register and vote one-stop. Makes conforming amendments to other sections of GS Chapter 163. Amends GS 20-37.7(d) to allow issuance of a DMV special identification card to a registered voter who does not otherwise have required ID to vote; no fee to be charged upon an oath that ID is needed to vote. Makes clarifying changes. Effective January 1, 2012, and applies to elections held on or after that date.
Amends GS 7A-498.7 to provide for public defender offices in all districts in the state. Provides for single defender office for each of the 30 numbered districts (i.e., 3A and 3B are consolidated to single District 3; 15A and 15B to single District 15, and so on). Directs the Judicial Department, Office of Indigent Services to implement the expansion through available funds in 2011-13. Makes conforming changes. Effective January 1, 2012.
Intro. by Clary, Brock. | GS 7A |
Identical to H 863, filed 4/13/11.
Appropriates $1.47 million for 2011-12 and $1.47 million for 2012-13 from the General Fund to the Department of Crime Control and Public Safety (DCCPS) to support the positions of a mental health and substance abuse counselor, a behavioral case manager, and a veteran outreach specialist at each of the National Guard's seven Family Assistance Centers. Specifies that the funded positions will enhance the NC National Guard Integrated Behavioral Health System, with priority given to individuals who are not eligible for, or have difficulty accessing, U.S. Department of Veterans Affairs services or TRICARE. Directs state and local agencies who assist individuals who served in the active or reserve components of the Armed Forces and their families to make personnel and other resources available to the Family Assistance Centers. Permits the appropriated funds to also be used for other detailed purposes. Directs DCCPS to report annually to various legislative committees on the Family Assistance Centers, including information on services provided and the number and type of Armed Forces members, veterans, and families served. Effective July 1, 2011.
Directs the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services (MH/DD/SAS) to collaborate with military agencies and appropriate organizations to determine gaps in the care of current or former Armed Forces members with traumatic brain injury, to develop recommendations for an accessible community-based neurobehavioral system of care, and to report recommendations by July 1, 2012, to specified entities. Instructs the Division of Medical Assistance (DMA), MedSolutions, Inc., and the U.S. Department of Veterans Affairs to confirm that MedSolutions, Inc., is using appropriate evidence-based diagnostic testing for screening and assessing traumatic brain injury.
Directs the NC Area Health Education Centers (AHEC) Program to facilitate and continue to provide health education and skills training for applicable parties about the health, mental health, and substance abuse needs of the military families, including information about nine specified topics. Instructs AHEC to collaborate with several listed programs and entities to provide the information. Appropriates $250,000 for 2011-12 from the General Fund to AHEC to develop additional programs to present the information, as described.
Directs MH/DD/SAS and DMA to explore the possibility of implementing value-based purchasing or grants to provide additional reimbursement to providers engaged in five specified actions. Also directs the agencies, in collaboration with the U.S. Department of Veterans Affairs, to define appropriate behavioral health process and outcome measures on which to tie performance-based incentive payments. Requires that MH/DD/SAS report recommendations by July 1, 2012, to specified committees, as indicated.
Directs the NC Office of Rural Health and Community Care, in conjunction with other listed agencies and groups, to expand the accumulation in primary care practices serving the adult population of licensed health professionals trained in providing mental health and substance abuse services. Appropriates $500,000 for 2011-12 and $500,000 for 2012-13 from the General Fund to the NC Office of Rural Health and Community Care to provide grants to support two specified activities, with funds targeted as indicated. Effective July 1, 2011.
Appropriates $128,502 for 2011-12 and $128,502 for 2012-13 from the General Fund to the Department of Health and Human Services (DHHS) to expand CARE-LINE. Effective July 1, 2011.
Enacts new subsection (g) to GS 122C-115.4 (functions of local management entities), directing the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules to ensure that the needs of Armed Forces members, veterans, and their families are met by requiring (1) that each local management entity (LME) have at least one trained care coordination staff person as the contact person to ensure access to state-funded services and (2) LME staff to receive training applicable to the services provided, as specified.
Directs the University of North Carolina (UNC), the NC Community College System Office, and other higher education institutions in North Carolina, with AHEC and the Governor's Institute on Substance Abuse to seek and apply for federal grants to expand mental health and substance abuse training opportunities in North Carolina. Directs the UNC Board of Governors to report to specified committees on the federal funds by July 1, 2012, including recommendations on whether the funds will meet two detailed goals. Requires that NC institutions of higher education comply with the UNC Board of Governors' reporting requirement.
Directs MH/DD/SAS, in conjunction with listed entities, to develop a training curriculum for specified parties, including crisis workers, veterans service officers, professional advocacy and support organizations, and military chaplains. Requires the curriculum to include information on three detailed core issues, and requires the portion of the curriculum directed to crisis workers, professional advocacy and support organizations, and faith communities to include five specified types of information. Instructs MH/DD/SAS to report to various committees on the curriculum before July 1, 2012.
Enacts new subdivision (60) to GS 115C-47 (powers and duties of local boards of education) to require local boards of education to collect and annually report to the State Board of Education (SBOE) three detailed types of information related to students with family members in the military for each school in the local school administrative unit. Enacts new subdivision (38) to GS 115C-12 (powers and duties of the State Board of Education), requiring the SBOE to submit the report received from the local boards to various legislative committees before March 15 each year. Effective October 1, 2011.
Directs the UNC General Administration, in collaboration with other listed entities, to research ways to address the behavioral health problems and challenges facing military personnel, veterans, and their families. Specifies criteria for the collaborative research teams, and instructs the teams to pursue federal funding. Requires the research to include, at a minimum, five particular goals. Requires that UNC General Administration annually report findings to various legislative committees, beginning on July 1, 2012.
Effective when the act becomes law, unless otherwise indicated.
Amends GS 113A-4(2) to require every state agency environmental impact statement to also include adverse effects on farms, including loss of farm acreage and obstruction of access by farm equipment, plus measures and alternatives to avoid or minimize such adverse effects. Makes technical changes. Applicable to impact statements, as specified, prepared after act becomes law.
Intro. by Rouzer. | GS 113A |
Identical to H 512, filed 3/29/11.
Amends GS 106-168.1 to (1) modify definition of "collector" to include a person who collects waste kitchen grease. Specifies that "collector" does not include restaurants or other food establishments that generate kitchen grease; (2) add definitions of farmer, waste kitchen grease, and waste kitchen grease operation.
Amends GS 106-168.2 to require that any person that stores or processes waste kitchen grease at any waste kitchen grease operation or acts as a collector of waste kitchen grease to obtain a valid license.
Amends GS 106-168.3 to specify that exemption from licensing and regulation requirements of certain premises do not apply to a person acting as a collector of, or to a person storing or processing, waste kitchen grease at a waste kitchen grease operation.
Amends GS 106-168.4 to increase application fee to $100 (was $50). Imposes annual renewal fee for rendering license of $100.
Amends GS 106-168.7 to specify that rendering license is valid for one year and must be renewed upon submission of a certification under oath of compliance with the legal requirements for licensure and payment of the annual renewal fee.
Amends GS 106-168.8 to add to the minimum standards required for conducting rendering operations proof of general liability insurance of $1 million.
Amends GS 106-168.14 to specify that its provisions apply to collectors of raw material, as defined in GS 106-168.1.
Adds new GS 106-168.14A to make collectors of waste kitchen grease subject to certain provisions, including application procedures for licensing, licensing renewal requirements, and information retention and inspection requirements. Prohibits any person required to be licensed from collecting or transporting waste kitchen grease without possessing a copy of the license and conspicuously displaying the licensee's name and license number on any vehicle used to transport the waste kitchen grease. Specifies that the following acts constitute violations of Article 14A: (1) selling or offering for sale to any unlicensed person any waste kitchen grease, knowing such unlicensed person would transport or process the waste kitchen grease in violation of Article 14A; (2) stealing, misappropriating, contaminating, or damaging any waste kitchen grease container; and (3) taking or possessing waste kitchen grease from a collector that is not licensed, unless otherwise authorized by Article 14A, or knowingly taking possession of waste kitchen grease that has been stolen. Exempts certain collectors from the application fee requirement. Specifies that statute does not apply to a farmer who collects waste kitchen grease for a use related to his or her farm.
Adds new GS 106-168.14B to specify that a container in which waste kitchen grease is deposited that bears a name on the container is presumed to be owned by the person named on the container unless another person in writing states that he or she is the owner.
Makes technical changes to GS 106-168.5, GS 106-168.9, GS 106-168.10, and GS 106-168.11.
Adds new GS 14-79.2 to make it a Class H felony for any person to take and carry away, or aid in the taking or carrying away, of any waste kitchen grease in a container bearing the name of the owner of the container and bearing a notice that unauthorized removal is prohibited without written consent of the owner.
Effective January 1, 2012.
The Daily Bulletin: 2011-04-13
House amendment makes the following changes to 2nd edition. Adds provisions authorizing Currituck County to contract for construction or renovation of county buildings notwithstanding GS Chapter 143, Article 8 (public contract bidding procedures). Requires county to award contract to best qualified contractor in light of time to complete project and cost.
Amends SL 1983-830 to provide that additional property tax collected in Butner Fire and Police Protection District (25 cents per $100 valuation) is to go to town of Butner to provide fire protection in district rather than going to State Treasurer for partial use for expenses of district.
Intro. by Crawford. | Granville |
The Daily Bulletin: 2011-04-13
AN ACT TO AUTHORIZE ALAMANCE COUNTY TO REQUIRE THE PAYMENT OF DELINQUENT PROPERTY TAXES BEFORE RECORDING DEEDS CONVEYING PROPERTY. Summarized in Daily Bulletin 2/2/11. Enacted April 12, 2011. Effective April 12, 2011.
Intro. by Gunn. | Alamance |
AN ACT TO ALLOW MUNICIPALITIES IN WAKE COUNTY TO EXEMPT BONA FIDE FARMS FROM OBTAINING BUILDING PERMITS FOR ACCESSORY BUILDINGS IN ITS EXTRATERRITORIAL JURISDICTION. Summarized in Daily Bulletin 3/8/11. Enacted April 12, 2011. Effective April 12, 2011.
Intro. by Blue, Hunt. | Wake |
Actions on Bills: 2011-04-13
H 7: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROGRAM.
H 99: JUDICIAL TERMS.
H 162: EXEMPT SMALL AG PROCESSING FROM PERMIT REQ.
H 164: RELEASE OF UPSET BID DEPOSIT (NEW).
H 167: EXTEND ASSESSMENT REFUND PERIOD.
H 168: FARMS EXEMPT FROM CITY ANNEXATION & ETJ (NEW)
H 215: UNBORN VICTIMS OF VIOLENCE ACT/ETHEN'S LAW.
H 222: ELECTRIC VEHICLE INCENTIVES.
H 234: JUROR QUALIFICATIONS/DISABILITIES.
H 243: CERTIFICATES UNDER SEAL IN INDIGENT CASES/FEE.
H 302: CHARITABLE LICENSING EXEMPTION CLARIFICATION.
H 316: MODIFY NCGA POLICE POWERS (NEW).
H 335: PRISON MAINT/JUSTICE REINV/TECH CORR. (NEW).
H 339: HOUSING AUTHORITY/COLLECT UNPAID RENT.
H 345: MODIFY MOVE OVER LAW.
H 383: EXTEND UI BENEFITS/CONTINUING RESOLUTION (NEW).
H 385: OMNIBUS LABOR LAW CHANGES.
H 391: RTP DISTRICT AMENDMENTS (NEW).
H 394: FLEX. WORK OPTION FOR ALL STATE EMPLOYEES.-AB.
H 406: VOLUNTARY AGRICULTURE DISTRICTS.
H 417: EXTEND TIME FOR SITE OF LOW/MOD. INC. HOUSING.
H 427: RUN AND YOU'RE DONE.
H 484: TRANSFER EMERGENCY FORECLOSURE PROGRAM TO HFA.
H 485: NEW HOME PURCHASE STIMULUS.
H 525: HOKE COUNTY'S 100TH ANNIVERSARY.
H 526: HONOR WAGRAM'S 100TH ANNIVERSARY.
H 572: ACCOUNTABILITY FOR PUBLICLY FUNDED NONPROFITS.
H 592: STUDY COUNTY PUBLIC-PRIVATE PARTNERSHIPS.
H 595: REORGANIZATION/LEGISLATIVE OVERSIGHT COMNS.
H 613: NC-THINKS PROGRAM AMENDMENTS.
H 614: ENACT VOLUNTEER HEALTH CARE SERVICES ACT (NEW).
H 616: AMEND ENGINEERS AND SURVEYORS LAWS.
H 647: DIABETES TASK FORCE.
H 648: IMPROVE ENFORCEMENT/GENERAL CONTRACTOR LAWS.
H 649: AMEND GROUNDS/LICENSE REVOCAT'N/BAIL BONDSMAN.
H 692: INCREASE PAYMENT OF UNCLAIMED PROPERTY CLAIMS.
H 748: ORGAN DONATION MONTH.
H 766: TESTING IN THE PUBLIC SCHOOLS.
H 775: ALLOW WINERIES TO SELL MALT BEVERAGES.
H 796: BREWERIES/COMM. COLL./SUPP. FUND. CLARIFIED (NEW).
H 813: BLDG. CODE INSPECTIONS/INDUSTRIAL MACHINERY (NEW).
H 863: BEHAVIORAL HEALTH SERVICES FOR MILITARY/FUNDS.
S 8: NO CAP ON NUMBER OF CHARTER SCHOOLS.
S 31: CLARIFY PENALTY UNAUTH. PRACTICE OF MEDICINE (NEW).
S 75: PROMOTE ELECTRICITY DEMAND REDUCTION.
S 130: WINE DISTRIBUTION TERRITORIES.
S 141: LAW ENFORCEMENT/VARIOUS OTHER CHANGES (NEW).
S 154: ABOLISH HIGHER EDUCATION BOND OVERSIGHT COMM.
S 182: STATEWIDE EMAIL SUBSCRIPTION LISTS (NEW).
S 187: MODIFICATIONS/2012 APPROPRIATIONS ACT (NEW).
S 211: EXEMPT PALLETS FOR AG USE FROM SALES TAX.
S 265: TRANSFER STATE HEALTH PLAN TO STATE TREASURER.
S 272: VICTIMS' COMPENSATION LAW CHANGES.
S 275: OFFICIAL HERRING FESTIVAL.
S 343: COMMUNICATIONS REGULATORY REFORM.
S 346: EXEMPT COOKING SCHOOLS FROM FOOD REGULATIONS.
S 394: CLARIFY PROCESS/REPORTABLE OFFENSES IN SCH.
S 406: REPEAL CROSSBOW PURCHASE PERMIT REQUIREMENT.
S 414: ALLOW ATTORNEYS' FEES IN BUSINESS CONTRACTS (NEW).
S 433: LOCAL HUMAN SERVICES ADMINISTRATION
S 464: DEBT REDUCTION ACT OF 2011.
S 584: UI/IMPLEMENT EB THREE-YEAR LOOK BACK.
S 585: STATE HEALTH PLAN/STUDY PRETAX CONTRIBUTION.
S 586: MOTION HEARINGS IN MULTICOUNTY DIST./RCP 7.
S 587: STUDY ELECTRICITIES RELIEF.
S 588: HOA/UNIFORM PROCEDURE FOR LIEN ENFORCEMENT.
S 589: HAZARDOUS WASTE AMENDS.
S 590: TERMINAL RENTAL ADJUSTMENT CLAUSES.
S 591: HORTON INDEPENDENT REDISTRICTING COMM.
S 592: PRESERVING VALUE OF PROPERTY/PAVING OF ROADS.
S 593: GOVERNMENT REDUCTION ACT (NEW).
S 594: FIREARMS/STATE OF EMERGENCY.
S 595: VOTER IDENTIFICATION AT POLLS.
S 596: STATEWIDE PUBLIC DEFENDER OFFICES.
S 597: BEHAVIORAL HEALTH SERVICES FOR MILITARY (NEW).
S 598: EIS TO CONSIDER ADVERSE IMPACTS ON FARMS.
S 599: RENDERING ACT AMENDMENTS.
Actions on Bills: 2011-04-13
H 284: WAYNE COUNTY DESIGN BUILD.
H 291: BELHAVEN RECALL ELECTIONS.
H 296: SAMPSON-DELINQUENT TAXPAYERS (NEW).
H 435: MECKLENBURG ENERGY EFFICIENCY/RENEWABLE.
H 450: GUILFORD COUNTY COMM. DISTRICTS (NEW).
H 498: WAKE SCHOOL BOARD PRESIDING OFFICER VOTING (NEW).
H 864: MODIFY BUTNER TAX REMITTANCE.
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