House committee substitute makes the following changes to 1st edition.
Amends GS 113-378 to remove the provision allowing an entity to register with a state agency other than the Department of Environment and Natural Resources (DENR) before conducting a drilling exploration for oil or natural gas. Changes the bond requirement to a total of $5,000 plus $1 per linear foot proposed to be drilled (previous edition set the bond amount at $10,000). Amends GS 113-395 to increase the well drilling permit fee from $50 to $1,500 for each well and to increase the abandonment fee from $15 to $450.
Requires DENR to study oil and gas exploration, and the use of hydraulic fracturing in the state. Requires a report to the Environmental Review Commission by September 1, 2011. Specifies six issues that must be included in the study including potential impacts on infrastructure, the environment, and the economy. Requires DENR to hold at least two public hearings in the Triassic Basin by February 1, 2012. Allows DENR to consult with the Consumer Protection Division of the Department of Justice and the Rural Advancement Foundation International.
Changes the title to AN ACT TO: (1) INCREASE THE AMOUNT OF THE BOND REQUIRED UPON REGISTRATION IN ORDER TO DRILL FOR OIL OR NATURAL GAS IN THE STATE; (2) INCREASE THE AMOUNT OF FEES APPLICABLE TO DRILLING AND ABANDONING OIL OR GAS WELLS; (3) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY THE ISSUE OF OIL AND GAS EXPLORATION IN THE STATE, AND SPECIFICALLY THE USE OF HYDRAULIC FRACTURING FOR THAT PURPOSE; AND (4) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO CONDUCT AT LEAST TWO PUBLIC HEARINGS ON THE ISSUE IN THE AREA IN WHICH DRILLING FOR NATURAL GAS BY MEANS OF HYDRAULIC FRACTURING MAY OCCUR.
The Daily Bulletin: 2011-04-19
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The Daily Bulletin: 2011-04-19
Intro. by Stone, Gillespie. |
House amendment completely rewrites 2nd edition by deleting provisions and adding new section (g) to GS 20-141.5 (Speeding to elude arrest). Sets out detailed procedure for seizure and sale of motor vehicle involved in felony violation of this statute. Requires sheriff to hold vehicle pending trial, unless vehicle owner posts bond for amount double the value of the property. Provides for return to owner upon an acquittal or dismissal of the charge. Gives court discretion to turn vehicle over to lienholder, and requires lienholder to pay proceeds of sale exceeding amount of lien to court.
Provides that upon defendant’s conviction of felony violation of this section, vehicle must be sold at public auction, and requires that proceeds of sale be allocated to expenses, liens in order of priorities, and the school fund, in that order.
Gives owner of vehicle right to jury determination as to whether owner was “innocent” and thus entitled to reclaim possession of vehicle. If owner cannot be found, contains detailed provisions for notice of sale by publication.
Requires special equipment to increase speed of vehicle to be removed and destroyed, unless removal is determined by a court to be impractical, in which case vehicle is to be turned over to public agency and used only for performance of official duties (subject to exception for lienholders and innocent owners).
Intro. by Faircloth, Folwell, H. Warren, Shepard. |
The Daily Bulletin: 2011-04-19
House committee substitute makes the following changes to 3rd edition.
Amends GS 1A-1, Rule 42(b), clarifying that the court must order separate trials for the issue of liability and the issue of damages, upon motion by any party in an action in tort (rather than a medical malpractice action) where the plaintiff seeks damages exceeding $150,000 (rather than an amount equal to or exceeding $75,000). Amends GS 1A-1, Rule 9(j), deleting the requirement that the plaintiff provide an affidavit from the expert witness to the defendant, and restores language requiring the plaintiff to show compliance with up to ten written interrogatories. Makes clarifying changes. Adds a section amending GS 8C-702(h), prohibiting a person from giving expert testimony in a medical malpractice action on the appropriate standard of care as to administrative or other nonclinical issues unless the person has substantial knowledge, as specified (strengthens current language). Makes a clarifying change. Adds a section amending GS 90-21.11 to clarify definitions for health care provider and medical malpractice action; applies to causes of action arising on or after October 1, 2011.
Amends GS 90-21.12, adding that a claimant must prove a violation of the standard of health care by clear and convincing evidence in any medical malpractice action arising out of the provision or failure to provide professional services in a hospital emergency room. Clarifies that, in the case of a medical malpractice action, the defendant health care provider will not be liable for the payment of damages unless the trier of fact finds by the greater weight of the evidence that the provider’s action or inaction did not comply with the standards of practice among similar health care providers situated in the same or similar communities under the same or similar circumstances at the time of the alleged act (was, unless the trier of fact finds that the provider’s deviation from the standard of care constituted gross negligence, wanton conduct, or intentional wrongdoing). Makes clarifying changes. Applies to causes of action arising on or after October 1, 2011.
Amends proposed GS 90-21.19, clarifying that the total amount of noneconomic damages for which judgment is entered against all defendants will not exceed $500,000 (was, will not exceed $500,000 per plaintiff). Deletes language prohibiting a judgment against any defendant in excess of $500,000 for all claims brought by all parties arising from the same cause of action. Makes organizational changes.
Adds a new section to enact new subsection (c) to GS 1-17, providing that an action for a minor with injuries allegedly resulting from malpractice will commence as detailed in GS 1-15(c), except as specified. Makes a conforming change. Applies to causes of action arising on or after October 1, 2011.
Deletes amendments to GS 1A-1, Rule 26(f1), which pertained to expert witnesses in medical malpractice discovery conferences.
Changes the bill title to AN ACT TO REFORM THE LAWS RELATING TO MONEY JUDGMENT APPEAL BONDS, BIFURCATION OF TRIALS IN CIVIL CASES, AND MEDICAL LIABILITY. Makes organizational changes.
Effective October 1, 2011, unless otherwise indicated, and applicable to actions commenced on or after that date.
Intro. by Apodaca, Brown, Rucho. |
House committee substitute makes the following changes to 3rd edition.
Adds whereas clauses. Amends proposed GS 113A-115.1(e) (required components for each terminal groin permit application submitted to the Coastal Resources Commission) to require that an applicant submit, among other things, a plan for the construction and maintenance of the terminal groin and the accompanying beach fill project prepared by a professional engineer licensed under GS Chapter 89C and reviewed by an independent third-party licensed engineer (was, by an independent third-party professional engineer licensed under GS Chapter 89C). Amends proposed GS 113A-115.1(g) to prohibit the Coastal Resources Commission (Commission) from issuing more than three permits for terminal groin construction (was, only one terminal groin may be placed on each ocean shoreline immediately adjacent to an inlet for a maximum of two per inlet), and requires that the following conditions are met: (1) no more than two permits may be issued where public funds will be used and (2) no permit may be issued where funds are generated from special obligation bonds, nonvoted general obligation bonds, or certain financing contracts. Makes a conforming change to the bill title.
Adds a section directing the Commission to report to the Environmental Review Commission by September 1 each year, with a detailed description of each proposed and permitted terminal groin and accompanying beach fill project, as specified, and to include four listed items in the report.
Intro. by Brown, Goolsby, Rabon. |
Conference report recommends the following changes to 4th edition to reconcile matters in controversy. Amends proposed GS 113A-115.1(e)(4) to remove the requirement that a plan for the construction and maintenance of the terminal groin and its accompanying beach fill project be reviewed by an independent third-party licensed engineer. Amends proposed GS 113A-115.1(g) to provide that the Coastal Resources Commission may issue no more than four permits for the construction of a terminal groin (previously no more than 3 permits). Deletes provision requiring no more than two permits be issued where public funds will be used for any activity related to the terminal groin or its accompanying beach fill project. Makes other organizational change. Makes conforming change to the title.
Intro. by Brown, Goolsby, Rabon. |
House committee substitute makes the following changes to 1st edition. Deletes the provisions of the 1st edition and replaces it with AN ACT TO SUSPEND THE BAN ON PLASTIC BAGS IN CERTAIN COASTAL AREAS DUE TO A DISRUPTION IN THE SUPPLY OF PAPER BAGS BECAUSE OF THE SEVERE TORNADOS. Suspends Part 2G of Article 9 of GS Chapter 130A until the earlier of June 30, 2011, or the issuance of an executive order by the Governor that the paper bag supply chain in counties subject to the Part has been restored. Effective April 16, 2011.
Intro. by Brown. |
House committee substitute makes the following changes to 2d edition. Replaces previous bill with provisions identical to S 265, introduced March 9, 2011, and ratified on April 5, 2011 with following changes: Directs State Treasurer to strive to maintain low premiums by finding operational savings in the plan and directs Treasurer to implement a program for long-term care benefits and establish separate premium rates for the benefits.
Intro. by Apodaca. |
Senate committee substitute makes the following changes to 1st edition.
Amends GS 36C-8-808 to add clarifying language to identify the duty and liability of the trustee that is subject to the direction and consent of the settlor. Makes technical and organizational changes. Provides that the terms of the trust may confer the power to take certain actions on a person who is not a trustee or a settlor of a revocable trust (was, may confer such power on a person other than a settlor). Provides that new subsection (e1) of GS 36C-7-703 regarding conditions when the terms of a trust confers upon a co-trustee the power to take certain actions with respect to the trust, to the exclusion of another co-trustee applies except as otherwise provided (was, subject to) in the provisions of proposed subdivision (1)a. of subsection (e1).
Intro. by Hartsell. |
Senate amendment makes the following changes to 2nd edition. Deletes authority for Secretary of Health and Human Services to designate licensed professional counselor to conduct initial examinations in specified involuntary commitment proceedings.
Intro. by Hartsell. |
House committee substitute makes the following changes to 1st edition. Removes the requirement that a lot be platted at the time of the construction of the bond-funded water line when the purpose of the additional connection is to provide water to a habitable structure located on a lot zoned for a single-family residence. Make a technical correction.
Intro. by Purcell. |
Senate committee substitute makes the following changes to 1st edition.
Amends proposed GS 90-106.1 to require the person seeking dispensation of a Schedule II controlled substance or any of the listed Schedule III controlled substances to present one of four valid forms of government-issued photographic identification at the pharmacy, as specified. Makes a conforming change to the bill title. Adds that the person seeking dispensation and the person identified on the prescription need not be the same person. Makes organizational changes.
Intro. by Apodaca, Hise. |
Repeals GS 115C-390 and GS 115C-391.
Adds new GS 115C-390.1 to define terms and require that the policies and procedures for the discipline of students be consistent with certain federal laws and regulations.
Adds new GS 115C-390.2 to require local boards to adopt policies to govern the conduct of students and establish procedures for disciplining students. Board policies: (1) must include or provide for the development of a Code of Student Conduct; (2) may authorize suspension for conduct not occurring on educational property if the student’s conduct violates the Code of Student Conduct and the conduct has or is reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the schools or the safety of individuals in the school environments; (3) may not allow students to be suspended long-term or expelled from school solely for truancy or tardiness offenses and may not allow short-term suspension of more than two days for such offenses; (4) may not impose mandatory long-term suspensions or expulsions for specific violations unless otherwise provided in state or federal law; (5) must minimize the use of long-term suspension and expulsion by restricting the availability of long-term suspension or expulsion to offenses deemed to be serious violations of the board’s Code of Conduct that either threaten the safety of students, staff, or school visitors or threaten to substantially disrupt the educational environment; (6) may not prohibit the superintendent and principals from considering the student's intent, disciplinary and academic history, the potential benefits to the student of alternatives to suspension, and other mitigating or aggravating factors when deciding whether to recommend or impose long-term suspension; and (7) must include the procedures to be followed by school officials in suspending, expelling, or administering corporal punishment to any student. Requires the local board to publish all policies, administrative procedures, or school rules and make them available to each student and parent at the beginning of each school year and upon request.
Adds new GS 115C-390.3 to provide that: (1) school personnel may use physical restraint only in accordance with GS 115C-391.1; (2) school personnel may use reasonable force to control behavior or to remove a person from the scene in certain, specified circumstances; and (3) no officer or employee of the State Board of Education or of a local board of education may be held civilly liable for using reasonable force in conformity with state law, state or local rules, or state or local policies.
Adds new GS 115C-390.4 to require each local board of education to determine if corporal punishment is permitted in its school administrative unit. Specifies minimum requirements that must be included in any policy for administering corporal punishment. Requires each local board of education to report annually to the State Board of Education on the number of times that corporal punishment was administered and specifies certain information that must be included in the report.
Adds new GS 115C-390.5 to authorize a principal to impose short-term suspension on a student who willfully engages in conduct that violates a provision of the Code of Student Conduct authorizing short-term suspension. Requires that a student on short-term suspension be provided with the opportunity to take textbooks home for the duration of the suspension; to receive, upon request, all missed assignments and materials distributed to students; and be provided the opportunity to make up certain missed examinations.
Adds new GS 115C-390.6 to prescribe procedures for imposing a short-term suspension. Provides that a student is not entitled to appeal the principal’s decision to impose short-term suspension.
Adds new GS 115C-390.7 to authorize a principal to recommend to the superintendent the suspension of any student long-term who willfully engages in conduct that violates a provision of the Code of Student Conduct that authorizes long-term suspension. Specifies that only the superintendent has the authority to long-term suspend a student. Requires student to be afforded opportunity for a hearing consistent with GS 115C-390.8 before a long-term suspension may be imposed. Provides that if a teacher is assaulted or injured by a student and as a result the student is suspended long-term or reassigned to alternative education services, the student shall not be returned to that teacher's classroom unless the teacher consents. Specifies that disciplinary reassignment of a student to a full-time educational program that meets the academic requirements of the Standard Course of Study and provides the student with the opportunity to make timely progress towards graduation and grade promotion is not a long-term suspension requiring due process procedures.
Adds new GS 115C-390.8 to prescribe procedures for imposing a long-term suspension.
Adds new GS 115C-390.9 to require that students who are suspended long-term be offered alternative education services unless the superintendent provides a significant or important reason for declining to offer such services. Affords a student the right to seek review of a superintendent’s decision to decline to offer alternative education services by the local board of education.
Adds new GS 115C-390.10 to require local boards of education to implement the federal Gun Free Schools Act, requiring suspension for 365 calendar days of any student who is determined to have brought or been in possession of a firearm or powerful explosive on educational property, or to a school-sponsored event off of educational property. Permits the superintendent to modify the 365-day suspension on a case-by-case basis. Requires the principal to report all incidents of firearms or powerful explosives on educational property or at a school-sponsored event. Specifies that statutory provisions do not apply to a firearm that was brought onto school property for activities approved and authorized by the local board of education. Requires superintendent to inform student and parent of student who is suspended for 365 days of right to petition the local board of education for readmission pursuant to GS 115C-390.12. Provides that the provisions of GS 115C-390.8 and GS 115C-390.9 apply to a student who is suspended for 365 days.
Adds new GS 390.11 to authorize a local board of education, upon recommendation of the superintendent, to expel any student 14 years of age or older whose continued presence in school constitutes a clear threat to the safety of other students or school staff. Requires local board to conduct a hearing to determine whether the student's continued presence in school constitutes a clear threat to the safety of other students or school staff. Requires that student be given reasonable notice of the recommendation in accordance with GS 115C-390.8(a) and (b), as well as reasonable notice of the time and place of the scheduled hearing. Specifies that the procedures described in GS 115C-390.8(e)(1)-(8) apply to students facing expulsion, except that the decision to expel a student by the local board of education must be based on clear and convincing evidence that the student's continued presence in school constitutes a clear threat to the safety of other students and school staff. Authorizes a local board of education to expel any student subject to GS 14-208.18 in accordance with the procedures of the statute. Specifies that the local board of education must consider whether there are alternative education services that may be offered to the student. Requires that a student be provided notice of the right to petition for readmission pursuant to GS 115C-390.12 at the time the student is expelled. Prohibits a student who is expelled to be present on any property of the local administrative unit.
Adds new GS 115C-390.12 to prescribe procedures for students who are suspended for 365 days or expelled to petition for readmission.
Makes conforming and clarifying changes to GS 115C-391.1(i), GS 115C-12(27), GS 115C-45(c)(1), GS 115C-105.47(b)(6), GS 115C-105.47(b)(13), GS 115C-238.29B(b)(11), GS 115C-238.29F(g)(7), GS 115C-276(r), GS 115C-288(e), GS 115C-366, GS 115C-402(b), GS 14-208.18(f), and GS 20-11(n1)d.2.
Applies beginning with the 2011-12 school year.
Amends GS 20-63(b) to add the Core Sound Waterfowl Museum and Heritage Center to the list of license plate designs exempted from the requirement that license plates have a “First in Flight” design. Effective July 1, 2011, but plates already issued are not required to be replaced.
Intro. by Preston. | GS 20 |
Enacts new GS 15A-522, authorizing a sheriff with control and custody over specified defendants to place a defendant on medical house arrest with electronic monitoring, provided four criteria are met, including that the defendant is charged with a nonviolent Class 1 felony or lessor offense. Specifies that the defendant will return to the local jail or other local detention facility, unless otherwise ordered by the court, after completing the major medical treatment. Makes a conforming change to GS 15A-521(b), which details required provisions in the order of commitment.
Enacts new GS 15A-1352.1, authorizing a sheriff with control and custody over persons in a local confinement facility to place a person on medical house arrest with electronic monitoring, provided five criteria are met. Specifies that the person must return to the local confinement facility after completing major medical treatment, unless otherwise ordered by the court. Makes a conforming change to GS 15A-1353, requiring the order of commitment or a separate order to include a provision authorizing the sheriff to place the person on medical house arrest.
Amends GS 15A-1369, adding a definition for requires ongoing major medical treatment and clarifying the definition for medical release. Makes conforming changes to GS 15A-1369.2, clarifying the circumstances under which an inmate is eligible for medical release.
Amends GS 15A-1369.3, requiring the Department of Correction to include in the referral to the Post-Release Supervision and Parole Commission (Commission) an analysis of the treatment and a description of the equipment, services, and procedures required in the treatment if the release is for required ongoing major medical treatment. Makes a conforming change to require the Commission to determine within 20 days of receiving the referral whether to grant medical release for an inmate requiring ongoing major medical treatment.
Makes a conforming change to GS 15A-1369.4(a), directing the Commission to set reasonable conditions upon an inmate’s medical release regarding, among other things, medical house arrest with electronic monitoring.
Effective December 1, 2011.
Intro. by Vaughan. | GS 15A |
Identical to H 575, filed 3/31/11.
Rewrites GS 66-373 (insurance policy requirements for service agreements) to provide that in lieu of complying with current provisions of the section, the company or person may maintain a funded reserve account of not less than 40% of gross consideration received, less claims paid, on the sale of the service contract for all in-force contracts. The account is subject to examination and review by the Commissioner of Insurance on request. Effective July 1, 2011.
Intro. by Vaughan. | GS 66 |
Amends GS 20-17.8(a) to provide that in determining which persons convicted of impaired driving must utilize (or already have utilized as part of a limited driving privilege) an ignition interlock device as a condition of receiving a restored license, only evidence of a person’s alcohol concentration admitted into evidence in a trial court may be used. Effective December 1, 2011, for restoration hearings conducted on or after that date.
Intro. by Vaughan. | GS 20 |
Substantively identical to H 623, filed 4/5/11.
Amends GS Chapter 150B to let administrative law judges, rather than agencies, make final decisions in contested cases under Article 3 of the Administrative Procedures Act (APA). If an agency governed by Article 3A requests an administrative law judge to hear the case, that administrative law judge would proceed under Article 3 and would make the final decision. Allows agencies that are parties to contested cases to seek judicial review of final decisions. Allows court orders to compel administrative law judges to make final decisions within 120 days of the close of a contested case hearing. Makes conforming changes so that the record and decision coming from the administrative law judge are directly reviewable by superior court. Effective January 1, 2011, and applicable to contested cases that began on or after that date.
Intro. by Daniel. | GS 150B |
Current law provides that the Industrial Commission may award up to $20,000 compensation for the loss of or permanent injury to any important organ or part of the body for which no other compensation is payable under GS 97-31. Amends GS 97-31 to specify that the benefit will be adjusted July 1 and effective January 1 of each year as provided in GS 97-29. Makes conforming changes. Applies to claims arising on or after the date the act becomes law.
Intro. by Goolsby, Newton, Daniel. | GS 97 |
Identical to H 698, filed 4/6/11, except makes act effective July 1, 2011.
Enacts new GS 90-40.2 to prohibit a dentist, professional entity, or management company from entering into a management arrangement unless the arrangement meets certain specified criteria. Requires all management arrangements to (1) be submitted to the Board of Dental Examiners (Board) for a review and a determination of compliance with the statute and other provisions under Article 2 and (2) be evidenced by a written agreement that satisfies each of the following: (a) is signed by all parties to the agreement; (b) sets forth all material terms of the arrangement between or among the parties to the agreement; (c) describes all of the types of services to be provided by the management company and the time periods during which those services will be provided; (d) sets forth the precise methodology for calculating the compensation to be paid to the management company by the dentist or professional entity and, whenever possible, the aggregate compensation to be paid under the management arrangement; and (e) is implemented, administered, or carried out between the parties to the agreement consistent with the terms of the writing. Prohibits any management arrangement that (1) has a potential negative impact on patient care, (2) affects the provision of dental services, the professional decision making of the dentist, or other personnel of the dentist or professional entity, (3) assigns control of the dental practice to a management company or unlicensed person, or (4) gives the entity or unlicensed person actual or effective ownership of the dental practice. Also prohibits certain specified provisions to be included in a management arrangement.
Authorizes the Board to identify other prohibited management arrangement provisions.
Allows a management arrangement to do either of the following: (1) include a schedule of additional compensation to be paid to the management company during the term of a management agreement based upon the lowering of costs to the professional entity or dentist so long as any additional compensation is based upon a specified schedule or method of computing the additional compensation and is set forth in the management agreement; and (2) include a schedule of decreased compensation to the management company during the term of the management agreement based upon increases in costs to the professional entity or dentist so long as any decreased compensation is based upon a specified schedule or method of computing the decreased compensation and is set forth in the management agreement.
Prohibits a dentist, professional entity, management company, or unlicensed person from entering into an oral or written arrangement or scheme that the dentist or professional entity knows or should know has a material purpose of creating an indirect arrangement that would violate the statutory provisions.
Directs the Board to issue a written advisory opinion, upon submission for review, of the compliance or noncompliance of a management agreement with the statutory requirements. Requires that any licensee or management company which is dissatisfied with the Board's advisory opinion to request a hearing before the Board to be conducted in accordance with specified procedures. Specifies that a licensed dentist is subject to possible disciplinary action pursuant to G.S. 90-41 and a management company or unlicensed person is subject to possible injunctive action pursuant to G.S. 90-40.1 for any noncompliant management arrangement that is executed or in operation before the Board makes a final determination about compliance or noncompliance under Article 2. Provides that all records, papers, investigative files, investigative reports, and other documents in possession of, gathered by, or reviewed by the Board in connection with its review of a management arrangement are not public records, and are privileged, confidential, and not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the Board, it employees, agents, or consultants, except as specified.
Requires the Board to provide a management company or licensee access to all information in its possession that the Board intends to offer into evidence in presenting a case in a contested case hearing requested by the management company or licensee, except for certain specified information. Specifies that the provisions of GS 90-29(b)(11) (deemed to be practicing dentistry in certain circumstances) apply. Specifies the venue for actions brought under GS 90-40.1. Authorizes the Board, before filing a complaint or trial, to initiate investigations or inquiries, conduct interviews, administer oaths, and issue subpoenas requiring the attendance of persons and the production of papers and records before the Board to determine whether any person or entity is or may be in violation of GS 90-40.1(a). Authorizes the Board to report any investigative information that indicates that a crime may have been committed to the appropriate law enforcement agency or district attorney and directs the Board to cooperate and assist the law enforcement agency or district attorney with any criminal investigation.
Authorizes the Board to conduct certain random audits, inspections, and investigations of the management arrangements and management companies, and if the board finds noncompliance, to conduct periodic audits, inspections and investigations to ensure ongoing compliance.
Authorizes the Board to assess against the other party its reasonable costs, including reasonable attorneys' fees related to certain, specified matters.
Effective October 1, 2011, and applies to any dentistry management arrangement entered into or renewed on or after that date.
Intro. by Pate, Brunstetter, Allran. | GS 90 |
Amends GS 58-50-30 as the title indicates. Defines a duly licensed physical therapist as used in this statute to mean a person who is licensed by the North Carolina Board of Physical Therapy Examiners under Article 18B of GS Chapter 90. Provides that if Senate Bill 265 of the 2011 Regular Session becomes law that effective January 1, 2012, makes a conforming change. Except as otherwise provided, becomes effective October 1, 2011.
Intro. by Davis. | GS 58 |
Amends GS 163-227.2, providing that one-stop voting occur no earlier than the second Thursday (currently, the third Thursday) before the election. Clarifies that a county board of elections may not conduct one-stop voting on any Sunday. Clarifies that a county board of elections may provide for one or more locations offering one-stop voting in the county, provided all sites other than the county board of elections office are open at the same time for voting. Also prohibits the State Board of Elections from approving a plan that provides for one-stop voting sites to be open at different times. Repeals GS 163-82.6A, which allows in-person registration and voting at one-stop sites, and makes conforming changes to various provisions in GS Chapter 163.
Repeals subsections (d) and (e) in GS 163-82.6, which detail the voting procedure for persons who become qualified to register and vote on primary or election day. Repeals GS 163-230.2 (method to request absentee ballot), GS 163-82.1(d) (allowing preregistration for persons at least 16 years old, but not 18 by election), and GS 163-82.3(a)(5) (preregistration to vote forms). Makes conforming changes to various provisions of GS Chapter 163. Repeals GS 163-82.6(f) (pertaining to preregistration). Repeals GS 163-82.25 (mandated voter registration drive). Repeals GS 115C-47(59) (encouraging local boards of education to promote student registration and preregistration), and makes a conforming change to GS 115C-81(g1)(1)b. (concerning the high school social studies curriculum).
Amends GS 163-165.6(d), requiring candidates on a general election official ballot to appear in the following order: (1) nominees of political parties that reflect the two highest percentages (rather than at least 5%) of statewide voter registration, in rotating order (currently, in alphabetical order) by party every four years and in random order (currently, alphabetical order) within the party; (2) nominees of other political parties in random order (currently, in alphabetical order by and within the party); and (3) unaffiliated candidates in random (currently, alphabetical) order. Requires the State Board of Elections to begin the rotating order with a party that has not been first on the ballot in the past four years, effective for elections held on or after January 1, 2012.
Amends GS 163-165(6), removing the requirement that a provisional ballot not be marked to make it identifiable to the voter. Amends GS 163-82.6(a1), effective for voter registration applications completed on or after January 1, 2012, to clarify that it is a Class 2 misdemeanor to sell or attempt to sell a completed voter registration form or to condition the form’s delivery upon payment, including payment on a per voter registration application basis. Amends GS 163-166.11 to prohibit any person, other than an election official, from facilitating, organizing, or encouraging any individual or group to appear and vote at a voting place that is known not to be that individual’s or group’s voting place. Makes a clarifying change.
Unless otherwise indicated, effective January 1, 2012, and applies to elections held on or after that date.
Revises the existing state tax structure as the title indicates.
General Findings and Purpose. Notes general findings of the General Assembly including the finding that North Carolina’s current tax structure has not been comprehensively revised since the Great Depression. Makes additional findings as to the basis for revising the current tax structure. Declares that the general purpose of this legislation is to promote economic development by adopting the comprehensive tax reform recommendations from numerous study committees with the tasks of developing a 21st Century tax policy for the state. Lists the objectives that will be achieved with the modernization of the tax structure.
Personal Tax Changes. Effective for taxable years beginning on or after January 1, 2012. Indicates specific findings and purpose supporting changes to the state’s individual income tax system. Provides that it is the intent of Part II of this act, Personal Tax Changes, to promote economic development by establishing a broader individual income tax base and lowering individual income tax rates.
Recodifies the following statutes as indicated:
Current Statute Recodified Statute
GS 105 133 GS 105 153.1
GS 105 134 GS 105 153.2
GS 105 134.1 GS 105 153.3
GS 105 134.5 GS 105 153.4
GS 105 151 GS 105 153.8
GS 105 152 GS 105 153.7
GS 105 151.11 GS 105 153.10
GS 105 151.29 GS 105 153.12
GS 105 151.31 GS 105 153.9
Repeals the following statutes: GS 105 134.2 through GS 105-134.4, GS 105 134.6 through GS 105-134.8, GS 105 151.1, GS 105 151.12 through GS 105-151.14, GS 105 151.18, GS 105 151.20, GS 105 151.21, GS 105 151.24 through GS 105-151.26, GS 105 151.28, and GS 105 151.32.
Amends the definitions listed in GS 105-134.1, recodified in this act as GS 105-153.3, to add a definition for adjusted gross income, as defined in section 62 of the Internal Revenue Code (Code, defined in GS 105-228.90). Deletes definitions for educational institutions, retirement benefits, taxable income, and this state. Makes technical and conforming changes.
Amends GS 105-134.5, recodified by this act as GS 105-153.4, to make conforming changes reflecting the deletion of GS 105-134.6 and 105-134.7 in this act and identifying North Carolina taxable income as meaning adjusted gross income (AGI) as modified in GS 105-153.5. Adds provision that a taxpayer must compute North Carolina taxable income based on the taxable year used in computing the taxpayer’s income tax liability under the Code. Makes technical changes.
Amends Part 2 of GS Chapter 105, Article 4. Adds new GS 105-153.5 regarding modifications to AGI. Specifies required deductions and additions that a taxpayer must apply in calculating North Carolina taxable income. Adds new GS 105-153.6 to provide for imposing an individual income tax for each taxable year on the North Carolina taxable income of an individual. Indicates the tax rate brackets for computing the percentages of the taxpayer’s North Carolina taxable income. Provides that for taxable years beginning on or after January 1, 2013, the over and up to rate bracket minimum and maximum as set out in subsection (a) of proposed GS 105-153.6 and that are a dollar amount above zero are to be indexed for the taxable year in accordance with the cost-of-living adjustment used under section 1 of the Code to index federal rate brackets for that taxable year. Directs the Secretary of Revenue to publish the rate brackets set under this subsection. Also provides that the Secretary may provide tables to compute the amount of tax due for a taxable year under this Part.
Amends GS 105-152, recodified in this act as GS 105-153.7, regarding who must file an income tax return. Requires every resident whose North Carolina taxable income is more than the amount subject to the zero tax rate under GS 105-153.6 to file a return (was, every resident required to file an income tax return under the Code). Adds requirement that every nonresident individual receiving gross income during the taxable year derived from gambling activities in this state must file an income tax return. Makes additional technical and conforming changes. Amends: (1) GS 105-151, recodified in this act as GS 105-153.8 (tax credits for income taxes paid to other states by individuals); (2) GS 105-151.31, recodified in this act as GS 105-153.9 (earned income tax credit); and (3) GS 105-151.11, recodified in this act as GS 105-153.10 (credit for child care and certain employment-related expenses) to make technical and conforming changes. Amends subsection (c) of GS 105-153.10 to delete prohibition that there is no credit allowed under this section for the amount deducted from gross income in calculating taxable income under the Code.
Enacts new GS 105-153.11 (other tax credits) to provide the following tax credits: (1) allows a taxpayer eligible for the federal child tax credit under section 24 of the Code to take a credit against the tax imposed under Part 2 of GS Chapter 105, Article 4; (2) allows a tax credit for charitable contributions; (3) permits a tax credit for mortgage interest; and (4) allows a tax credit for medical expenses. Provides criteria for taking the specified credits and sets limitations on the amount of credit that may be taken.
Makes conforming changes to GS 105-154(d) (payment of tax on behalf of nonresident owner or partner), and GS 105-159 (federal corrections). Provides that despite the provisions of GS 105-163.15, no addition to tax may be made under that statute for a taxable year beginning on or after January 1, 2012, and before January 1, 2013, with regards to any underpayment of individual income tax to the extent that the underpayment was created or increased by this section.
Makes conforming changes to GS 105-160.2 and 105-160.3 regarding the taxable income of estates and trusts; and to GS 105-163.1 and 105-163.22 regarding withholding tax.
Effective January 1, 2012, makes additional conforming changes to GS 105-259(b), 105-277.3(d1), 105-309(d), 110-130.1(a), 113-77.9(d), 113A-231, 113A-232, 113A-233, and repeals GS 105-320(a)(16) and 113A-256(g).
Sales and Use Tax Changes. Except as otherwise provided, effective October 1, 2013. Provides specific findings by the General Assembly analyzing the state’s retail sales and use tax. Provides that the intent of this Part is to establish a broader sales and use tax base and to lower the state general sales tax rate in order to promote economic development in the state. Makes substantial organizational changes to GS 105-164.4. Amends GS 105-164.4 to lower the state general sales tax rate from 4.75% to 4%, effective October 1, 2013, and to 3.5% effective October 1, 2014. Provides that the motor vehicle tax rate imposed under GS 105-187.3 applies to a retailer’s net taxable sales of an aircraft or a boat, inclusive of all attached accessories and caps the tax at $1,500 per article. Treats the sale of a manufactured or a modular home as if it were the sale of real property. Provides that a privilege tax is imposed on a retailer at the previously indicated percentage rates of the retailer’s net taxable sales of tangible personal property, digital property, and services (was, retailer’s net taxable sales or gross receipts, as appropriate). Identifies exemptions for tangible personal property, digital property, and services that are specifically exempted from the retail sales and use tax imposed under Article 5 of GS Chapter 105.
Repeals the following statutes: GS 106 507, GS 106 516 through GS 106 520, and GS 140 10.1.
Also expands the sales and use tax base by (1) including items commonly taxed in other states (including specified services), (2) including amusements as well as other entertainments currently subject to the privilege license tax, and (3) eliminating special interest exemptions.
Repeals GS 105-37.1, 105-38.1, and 105-40, referencing various provisions dealing with the privilege tax on entertainment. Organizes the provisions regarding accommodation rentals into new GS 105-164.4E. Eliminates the machinery and equipment tax.
Amends GS 105-164.13 to make changes and additions concerning commercial logging; sales to phone, radio, or television companies; sales to cable providers; sales to recycling facilities; and sales of specified mill machinery that is capital equipment; and sales of capital equipment. Enacts new GS 105-164.13E to provide an exemption for sales and use taxes paid by a datacenter that meets specified requirements. Provides that this section expires for sales occurring on or after July 1, 2015. Repeals Article 5F of GS Chapter 105 and GS 105-164.13(5a).
Repeals GS 105-164.9 and makes conforming changes to GS 105-164.10, effective when the act becomes law. Also makes conforming changes to GS 105-164.44F and 105-164.44I effective October 1, 2013, regarding the percentages of the net proceeds of quarterly taxes collected to be distributed by the Secretary and amends those percentages again effective October 1, 2014.
Business Tax Changes. Provides specific findings by the General Assembly analyzing the state’s corporate income and franchise tax. Provides that the intent of this Part is to promote economic development in the state by establishing a broader business tax base and lowering business tax rates. Amends GS 105-130.3 to phase down the corporate income tax (a percentage of the taxpayer’s state net income) to 4% in 2013, to 3% in 2014, to 2% in 2015, and 1% in 2016. Repeals Part 1 of GS Chapter 105, Article 4, effective January 1, 2017. Adds new subdivision (2a) to GS 105-130.5(a) to provide that the portion of a financial institution’s interest expense that is allocable to interest income exempt from taxation under Part 1 of GS 105, Article 4, is an addition to federal income to be used in determining state net income, effective January 1, 2013.
Amends GS 105-130.7A to include interest expense and royalty income reporting options (was, royalty income). Amends subsection (b) of this statute to add a definition for interest expense, effective for taxable years beginning on or after January 1, 2013.
Effective for taxable years beginning on or after January 1, 2014. Repeals GS 105-114, 105-114.1, 105-121.1, 105-122, 105-122.1, 105-125, and 105-127 through 105-129. Rewrites the title of Article 3 of GS Chapter 105 as Business Privilege Tax (was, Franchise Tax), replacing the franchise tax with a business privilege tax that includes all limited liability entities. Adds new section to Article 3 of GS Chapter 105. Identifies definitions as they apply in the Article. Provides that Article 3 as amended in this act imposes a privilege tax on a business entity for the privilege of doing business in this state in an organizational form that confers limited liability on one or more owners of the business entity. Imposes a business privilege tax on a business entity doing business in this state at the rate of $1.50 per $1,000 of the higher of the entity’s adjusted net worth tax base, determined according to GS 105-114.5 and the entity’s investment tax base, determined according to GS 105-114.6. Prohibits the tax payable by the business entity from being less than $200 and provides that the tax paid by a holding company may not exceed $75,000. Provides that the tax imposed by this section does not apply to a company subject to tax under GS 105-116 unless the tax imposed under that section is less than the tax imposed under this section. Provides that the business entity is not subject to the tax under this section at the end of the taxable year in which the entity is dissolved unless the Secretary finds that the business entity has engaged in business activities in the state that are not appropriate to winding up and liquidating its business. Provides guidelines regarding the adjusted net worth tax base of a business entity and its investment tax base. Provides for exclusions in calculating a business entity’s tax liability; and provides for the determination of ownership after certain transfers by corporations and receipt of tax-free contribution of assets and the making of a tax-free distribution of assets involving a noncorporate business entity. Also addresses (1) apportionment by multistate business entities, (2) timing for submitting a return and payment of any tax imposed, (3) imposing an annual privilege tax on a seller who is not registered as a retailer and reported gross sales of at least $5 million on the seller’s most recent federal income tax return, and (4) business entities that are exempt from the privilege tax imposed by this Article.
Eliminates business tax credits. Repeals GS 105-129.16H effective for taxable years beginning on or after January 1, 2013. Moves the sunset date for the following provisions to January 1, 2013 (was, January 1, 2014): (1) Article 3D, Historic Rehabilitation Tax Credit, of GS Chapter 105; (2) Article 3H, Mill Rehabilitation Tax Credit; and (3) Credit for North Carolina State Ports Authority wharfage, handling, and throughput charges (GS 105-130.41 and 105-151.22). Repeals the following statutes effective for taxable years beginning on or after January 1, 2012: GS 105-130.22, 105-130.34, 105-130.36, 105-130.37, and 105-130.44.
Effective January 1, 2014, repeals Article 2 of GS Chapter 105, eliminating the state privilege license tax. Repeal of Article 2 applies to taxes payable under GS 105-41, 105-88, or 105-102.3 for taxable years beginning on or after July 1, 2014, and for taxes imposed under GS 105-102.6, applies to taxes imposed for calendar years beginning on or after January 1, 2013. Applies to obligations dealt in, bought, or discounted on or after January 1, 2014, for taxes payable under GS 105-83. Makes conforming changes, repealing GS 93-12(12), and GS 105-259(b)(4) to delete provisions referencing application of the state privilege license tax.
Makes technical and stylistic changes to the definitions that apply in Article 15, North Carolina Consumer Finance Act, of GS Chapter 53. Also adds a definition for installment paper dealer to mean a person who buys or discounts notes or other evidence of debt that is secured at the time the debt is incurred by personal property located in this state. Amends the definition for person to include an individual and a limited liability company (was, any person, a firm, a partnership, association, or corporation).
Amends GS 53-172(a) to provide that the business of making loans includes acting as an installment paper dealer and collecting a loan made by government regulated lender (was, acting as an installment paper dealer and collecting a loan made by government regulated lender were not considered as being any other business within the meaning of this section). Makes conforming changes to GS 53-191.
Amends GS 95-47.2(d)(3)c to provide that a license for the operation of a private personnel service be denied if the employment service will be operated on the same premises as a (1) loan business that takes as security for repayment of the loans an assignment or wages or any other type of security; (2) a check cashing business regulated under Article 22 of GS Chapter 53; (3) a pawnbroker business regulated under GS Chapter 91A; or (4) a collection agency, as defined in GS 58-70-15.
Modifies the definition for bank holding company in GS 105-130.6A to mean a holding company with an affiliate that is engaged in the business of banking (was, that is subject to the privilege tax on banks).
Amends GS 16A-211(c) to prohibit a city from imposing a license, franchise, or privilege tax on a person engaged in an activity that was formally taxed by the state under the following repealed statutes: GS 105-41, attorneys at law and other professionals; GS 105-83, installment paper dealers; and GS 105-102.3, banks.
Effective January 1, 2014, amends GS 55-1-22 to eliminate filing fees for filing paper and electronic annual reports with the Secretary of State (Secretary). Amends GS 55-16-22 to clarify the annual reporting requirements, providing that the following businesses must file an annual report with the Secretary in the manner required by the Secretary: (1) a corporation that is incorporated under GS Chapter 55, (2) a corporation with a certificate of authority under GS Chapter 55 authorizing the corporation to transact business in this state, and (3) a company that is an insurance company regulated under GS Chapter 58. Specifies the content that must be in the annual report, sets a reporting due date, and identifies when an annual report is considered delinquent. Provides guidelines for dealing with an incomplete report. Makes numerous conforming changes in GS Chapter 105 to replace references to franchise tax with privilege tax, and references to franchise or privilege tax with privilege tax.
Effective January 1, 2013, amends GS 105-129.50 to add definitions for development tier and establishments. Amends the definition for related person to conform with the relationships set forth in 276(b) or 707(b) of the Code. Amends the eligibility requirements for the credit allowed a taxpayer under Article 3F, Technology Development, of GS Chapter 105. Repeals Article 3F for taxable years beginning on or after January 1, 2014. Amends GS 105-230 to provide that a business entity’s right to do business may be suspended for noncompliance (was, charter suspended for failure to file a report). Also amends GS 105-232 providing the procedure for a business entity’s authority to do business to be reinstated after a suspension for noncompliance. Adds a new GS 143B-437.08A regarding wage, health insurance and other standards applicable to economic development incentives. Modifies definitions in GS 143B-437.01(a1). Repeals GS 105-130.9(4); 105-259(b)(24), (37), and (38); and 105-269.13.
Balance State and Local Revenues. Provides specific findings by the General Assembly regarding shared taxes and revenues between the state and its local governments. Provides that the purpose of this Part is to reduce and simplify the commingling of revenues as much as practical and to provide better accountability and understanding for citizens by distinguishing state sources of revenue from local revenue sources.
Effective October 1, 2013. Repeals GS 105 -164.4(c)(3) as enacted by this act (provides that combined rate of tax applies to a retailer’s net taxable sales of spirituous liquor other than mixed beverages. Adds new subsection (b) to GS 105-486 to provide that the net proceeds from sales of spirituous liquor cannot be allocated on a per capita basis; instead, requires the Secretary of Revenue to allocate these proceeds to the county from which the proceeds were collected, or if liquor sales are not authorized throughout the county to which the proceeds are allocated, the Secretary must distribute the proceeds on the basis of population only among the cities in that county in which the sale of liquor is authorized. Repeals GS 105-486(b).
Repeals GS 105-113.82, 115C-546.1, and 105-521. Makes technical changes to GS 108A-93 effective July 1, 2014.
Eliminates imposing local privilege license taxes on businesses by counties and cities. Prohibits a city or county from levying a privilege tax on a trade, occupation, profession, business, or franchise carried on within a city or a county unless authorized by the General Assembly to do so. Repeals GS 105-113.68(a)(6), 105-113.69, 105-113.70, 105-113.71, and Part 3 of Article 2C of GS Chapter 105.
Effective July 1, 2014, makes conforming changes to GS 153A-134 and 160A-194. Amends GS 153A-156 (counties) and 160A-215.1 (cities) to provide that motor vehicles subject to gross receipts tax are exempt from property tax under GS 105-275.
Account for Tax Expenditures in Budget. Notes the General Assembly’s specific findings that a tax expenditure and an appropriation have the same effect on state funds but only appropriations are subject to annual review. States its finding that every tax expenditure should also be subject to regular review. Amends GS 143C-5-3 to require that the budget availability statement include tax expenditures and show the anticipated tax revenues that the state’s tax structure would generate if not for the tax expenditures included in the tax structure. Provides for omitting an estimate for a tax expenditure if neither the Department of Revenue nor the Fiscal research Division can provide an estimate for a tax expenditure.
Transitional Provisions and Effective Date. Directs the Revenue Laws Study Committee (Committee) to study the fiscal impact of the changes proposed by this act and to recommend any needed adjustments to the General Assembly. Specifies areas and issues that the Committee must address. Provides that this act does not affect the rights or liabilities of the state, a taxpayer, or another person that arise under a stature amended or repealed by this act before the effective date of the amendment or repeal of the statute. Additionally provides that the amendment or repeal of a statute does not affect the right to any refund or credit of a tax that accrued under the amended or repealed statute before the effective date of its amendment or repeal.
Except as otherwise indicated, this act is effective when it becomes law.
Enacts new GS 97-5.1 to provide that it is a conclusive presumption under GS Chapter 97 that any person who operates or has an ownership interest in (including a lease for a shift) a taxicab is an independent contractor.
Intro. by Clodfelter. | GS 97 |
Authorizes the Legislative Research Commission to study consolidation of special districts and recommend required statutory changes necessary for efficient consolidation. Requires report to General Assembly in 2013.
Intro. by Clodfelter. | STUDY |
Identical to H 763, filed 4/6/11.
As title indicates, requiring findings to be submitted at a date to be determined by the Joint Legislative Program Evaluation Oversight Committee (Committee). Mandates that the Commissioner of Motor Vehicles not cancel any contracts until the study required by this act is complete and its final recommendations have been acted upon by the Committee.
Intro. by Bingham. | STUDY |
Identical to H 522, filed 3/30/11.
Enacts new Article 10B, Certified Professional Midwives, to GS Chapter 90. Prohibits any person from practicing or offering to practice midwifery, on or after January 1, 2012, without a license, as provided in new Article 10B. Exempts the following circumstances from the licensure requirement: (1) an individual approved to practice midwifery under Article 10A (Midwifery Practice Act), (2) a physician licensed to practice medicine, (3) the performance of medical acts by a physician assistant or nurse practitioner as specified, (4) the practice of nursing by a registered nurse as allowed under Article 9A (Nursing Practice Act), (5) the rendering of childbirth assistance in emergency situations, and (6) individuals present or assisting the certified professional midwife during the birth process as specified.
Sets forth the General Assembly's findings and includes definitions applicable to Article 10B. Defines certified professional midwife as a person with national certification from the North American Registry of Midwives (NARM). Defines midwifery as the act of providing prenatal, intrapartum, postpartum, newborn and interconceptional care, but not the practice of medicine by a physician licensed to practice medicine when engaged in the practice of medicine, the performance of medical acts by a physician assistant or nurse practitioner when performed in accordance with the rules of the North Carolina Medical Board, the practice of nursing by a registered nurse engaged in the practice of nursing, or the rendering of childbirth assistance in an emergency situation.
Creates a seven-member North Carolina Council of Certified Professional Midwives (Council), with members appointed by the Secretary of Health and Human Services and initial members appointed on or before October 1, 2011. Details Council member requirements and term limits and includes provisions for compensation, meeting procedures, and Council administration. Enumerates 13 powers and duties of the Council, in consultation with the Division of Health Service Regulation, Department of Health and Human Services, and with guidance from the National Association of Certified Professional Midwives Standards of Practice.
Lists the following requirements for licensure as a certified professional midwife: (1) a completed application; (2) certification from NARM and currently holds the title of certified professional midwife; (3) graduated from a Midwifery Education and Accreditation Council accredited school, on or after December 31, 2013; (4) submits proof to the Council of current cardiopulmonary resuscitation certification and neonatal resuscitation certification; (5) has read, understands, and agrees to practice under Article 10B and (6) pays required fees. Lists 10 responsibilities of a licensed certified professional midwife, including the responsibility to provide care for the healthy woman who is expected to have a normal pregnancy, labor, birth, and postpartal phase in the setting of the mother's choice, and the responsibility to order routine antepartal or postpartal screening or lab analysis at a licensed facility and inform the parents about newborn screening. Directs a midwife licensed under Article 10B to display the license at all times in a conspicuous place where the midwife is practicing. Sets forth provisions for license renewal, periods of lapsed licensure, and granting inactive status. Authorizes the Council to grant a license to a person residing in NC licensed, certified, or registered to practice as a certified professional midwife in another jurisdiction if that jurisdiction's standards are substantially equivalent, and the person submits an application and required fees. Directs the Council to set all fees under Article 10B, and to pay all expenditures out of funds from the fees or other funds. Allows the Council to discipline applicants or licensees, after a hearing, under seven specified circumstances.
Allows a certified professional midwife licensed under Article 10B to receive third-party reimbursement from private agencies providing coverage for maternity and obstetrical care. Specifies that a managed care organization or insurance company may not require a patient use a certified professional midwife instead of a licensed physician or nurse practitioner. Authorizes the Council to apply to superior court to enjoin violations of Article 10B. Provides that no health care provider will be liable for an injury to a woman or infant arising during childbirth and resulting from an act or omission by a licensed certified professional midwife.
Intro. by Bingham. | GS 90 |
Directs study as title indicates, and requires Commission to make recommendations to the Conference of Chief District Court Judges and develop draft legislation pertaining to child support guidelines for children with developmental disabilities. Requires report to General Assembly in 2012.
Intro. by Rouzer. | STUDY |
Identical to H 602, filed 4/4/11.
Creates a new GS chapter 17F governing dismissal and grievances of municipal law enforcement officers. Requires law enforcement agencies, other than those run by state agencies, counties, ABC boards, school boards, and private sector and academic institutions, to adopt an ordinance setting out minimum due process rights for dismissals and grievances of law enforcement officers. The ordinance must, at a minimum, specify "just cause" for dismissal; set out procedures for ensuring notice; provide an opportunity for the officer to be heard, represented by counsel, and call witnesses and confront adverse witnesses; allow recording of hearings; and establish an impartial review board. Effective December 1, 2011, and applies to disciplinary actions taken on or after that date.
Intro. by Rouzer, Stein, Soucek. | GS 17F |
Identical to H 694, filed 4/6/11.
Provides as the title indicates. Incorporates into this act the definitions provided in GS 143-212. Provides a definition for wind energy facility, meaning the turbines, accessory buildings, transmission facilities, and any other equipment necessary for the operation of the facility that cumulatively with any other wind energy facility whose turbines are located within one-half mile of one another, have a rated capacity of three megawatts or more of energy. Provides criteria, all of which must be satisfied, regarding site selection for the Wind Energy Facility demonstration project. Clarifies that Appalachian State University (ASU) is to assist a third party in selecting an appropriate site for the construction of a wind energy facility demonstration project that does not go over a rated capacity of 60 megawatts and that satisfies all of the criteria specified for site selection. Requires the third party to obtain a permit from the Department of Environment and Natural Resources (DENR) and provides guidelines as to what information is to be on the permit application. Specifies the criteria under which DENR is to deny a permit application. Permits DENR to including conditions on a third party seeking a permit that the third party mitigate any adverse impacts and engage ASU to conduct research on the technological, environmental, and economic aspects of the wind energy facility associated with the demonstration project as proposed and constructed and at no cost to ASU. Sets the permit fee for a third party applicant for a wind energy facility demonstration project at $2,000. Directs DENR to require the third party applicant to provide a plan for the decommissioning or removal of a wind energy facility demonstration project. Also requires DENR to hold a public hearing in the county or counties where the proposed energy facility project is to be located. Requires DENR to make a decision on the permit within 150 days following receiving the completed application. Provides additional criteria authorizing DENR to adopt rules implementing this section, regarding administrative penalties for constructing a wind energy facility without a permit, and the role of local authority in regulating the siting of a facility. Requires that the commercial operation of the demonstration project under this section is to begin no later than November 1, 2018. Requires that ASU report to DENR and the General Assembly on the effectiveness of the wind energy facility demonstration project one year after the permit is issued and annually thereafter. Specifies what the first report must contain.
Intro. by Hise. | STUDY |
Specifies that the variable wholesale component of the motor fuel excise tax may not exceed $0.15 per gallon from July 1, 2011, until June 30, 2013. (Under GS 105-449.80, the rate would be set at 7% of the wholesale price as determined by that statute.)
Intro. by Forrester. | UNCODIFIED |
Amends GS 115C-47 to authorize local school boards to contract for sale of advertising space on the sides of school buses and directs that proceeds be used by superintendents to pay bonuses to exemplary teachers. Prohibits ads for tobacco or alcohol products and ads containing political advocacy or religious content. Requires prior approval of ads by school board. Specifies that ads must not impede effectiveness of safety equipment. Effective beginning with the 2011-12 school year.
Intro. by Forrester. | GS 115C |
Directs the specified departments and offices to work jointly to design and implement a central database system as the title indicates. Provides that the central database system (system) is to consolidate and integrate statewide information on water and wastewater infrastructure in an accessible and user-friendly format. Requires that the system be designed so that it can be maintained and updated regularly. Directs that the system be implemented no later than July 1, 2013. Specifies the statewide information to be included in the system. Directs the Department of Environment and Natural Resources (DENR) to be the lead agency in developing the central database system. Provides that DENR may work, at its discretion, with the Environmental Finance Center at the University of North Carolina at Chapel Hill, other state agencies, and other interested stakeholders.
Requires DENR to make regular progress reports on the development of the system to the Environmental Review Commission, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division of the General Assembly. Directs DENR to submit its first progress report no later than October 15, 2011, its second no later than January 15, 2012, and its final progress report no later than March 15, 2012. Provides guidelines as to the contents of the required progress reports. Requires the final progress report to include the time frame for implementing the central database system during the 2012-13 fiscal year. Effective July 1, 2011.
Intro. by Atwater. | UNCODIFIED |
Amends GS 143C-9-2(c) to provide that any funds transferred into the Trust Fund for Mental Health, Developmental Disabilities, and Substance Abuse Services and Bridge Funding from the disposition of the Dorothea Dix Hospital property in Raleigh must be used to support programs that provide appropriate and cost-effective treatment in the community for persons residing in the state’s institutions and to facilitate reform of the mental health system and to expand and enhance community treatment options. Amends GS 146-30 to provide that no service charge may be levied by the State Land Fund on the proceeds from any disposition.
Amends GS 93D-3 to delete requirement that one member of board be an audiologist appointed from a list of nominees from the NC Speech and Hearing Association and to require that five members of the board be actively engaged in fitting and selling hearing aids and be licensed under GS Chapter 93D. Specifies that the terms of the two members on the board who are audiologists expire on the date the bill becomes law.
Intro. by Hartsell. | GS 93D |
Adds to list of business and energy tax credits in GS Chapter 105, Article 3B, tax credit for development of smart electric grid technology. Provides detailed definition of this technology, including (1) integrated communications; (2) advanced components, including storage devices such as plug-in hybrid electric vehicles and advanced batteries, and appliances that delay operation in response to price signals; (3) advanced control and monitoring methods permitting rapid diagnosis and response to events; (4) sensing and measuring devices, such as those providing real-time information about capacity and consumption; and (5) devices and software permitting better decision-making at all levels of the grid. Amount of credit is percentage (either 15% or 20%) of qualifying expenses exceeding $50,000. Qualifying expenses are of two types: (1) compensation, wages, and other benefits paid to a full-time employee and (2) payment for services made to a community college or research university in the state. Prohibits taxpayer from double benefit by additionally claiming credit under certain other statutory provisions for same expenses. Effective July 1, 2011.
Intro. by Hartsell. | GS 105 |
Establishes the 11-member Radiologist Assistant Licensure Study Commission (Commission). Enumerates the Commission’s six duties, including determining the need for the licensure and regulation of radiologist assistants who perform medical imaging exams and procedures to protect citizens from unnecessary radiation and improper medical care, and determining the appropriate level of supervision and practice parameters for the radiologist assistant. Provides for the appointment of membership, filling of vacancies, and staffing. Requires a report to the 2012 Session of the General Assembly. Appropriates $25,000 from the General Fund to the General Assembly for 2011-12 for the Commission’s work. Effective July 1, 2011.
As title indicates.
Intro. by Pate. | SENATE RES |
Creates new GS Chapter 1F, titled “Apportionment of Tort Responsibility Act.” Act requires trier of fact in tort action in which injured party is entitled to recover damages from more than one party to determine: 1) total amount of damages and (2) percentage of responsibility for injury attributable to each defendant (totaling 100%). Provides that percentage of responsibility is to be determined based on the nature of each person’s conduct and the degree to which each person’s conduct caused damages. Subject to listed exceptions (including contrary provisions of any other statute), directs entry of judgment against defendants severally. Provides that parties who are jointly and severally liable under other statutes have right of contribution based on allocation of responsibility made by trier of fact, unless person seeking contribution acted intentionally and other person acted negligently (in which case, intentional wrongdoer has no right to contribution).
In instances of vicarious liability, in which responsibility of one person is based on act of another, court must determine extent to which those two parties should be treated as a single party for apportionment purposes. In the case of vicarious liability, parties are jointly and severally liable for their joint share, and person who is vicariously liable has right of indemnification against party whose act resulted in injury.
Allows claims for contribution or indemnification to be brought in original action or independent action. Specifies that independent action is permissible even if joint tortfeasor’s liability was not determined in original action. Authorizes alleged tortfeasor in original action to join persons not a party who are liable for injury to claimant.
Provides that a release of liability by claimant as to one tortfeasor discharges that tortfeasor from liability to the claimant and from liability for contribution, but has no effect on liability of other tortfeasor. Provides that other tortfeasor is subject to claim for reduced amount based on amount of total award reduced by percentage of responsibility attributed to released tortfeasor. Prohibits released tortfeasor from seeking contribution.
Contains provisions for application of new law to cases in which liens or rights of subrogation are asserted pursuant to workers’ compensation statute (GS 97-10.2) or obligations of the state to national guardsman under GS 127A-110. Amends GS 99B-1.1 to provide that new Act applies to product liability actions in which more than one party is responsible for injury. Makes similar change to GS 28A-18-2, in connection to wrongful death actions. Makes conforming changes to GS 1B-1 (governing contribution) and GS 143-300.1B (Tort Claims Act).
Creates new GS Chapter 38B, titled “Trespasser Responsibility Act.” Provides that a possessor of land owes no duty of care to trespassers and is not liabile for their injuries, subject to two exceptions: (1) A possessor of land may be liable for intentionally inflicted harm or willful and wanton conduct. Provides that this exception does not apply if possessor used reasonable force against trespasser who enters with intent to commit a crime. (2) A possessor of land may be liable to a child trespasser (under 14, or having a commensurate level of mental development) injured by an artificial condition. This liability exists only if possessor should have known both that children were likely to trespass and that doing so exposed them to an unreasonable risk of harm, and nevertheless failed to act to protect them. In addition, the possessor of land is not liable if the child discovered the condition or realized the risk and nevertheless proceeded.
Creates new Article 7D in GS Chapter 8 (Evidence), titled “Admissibility of Collateral Source Payments.” Requires a court to admit into evidence upon defendant’s request collateral source payments actually paid or otherwise available to the plaintiff for injuries forming the subject of the complaint. Defines “collateral source payments” to include payments made or otherwise available to the plaintiff for (1) medical expenses and disability payments under Social Security, federal, state, or local disability programs, or other public programs; (2) insurance benefits, other than life insurance; (3) payments pursuant to any agreement with a person or business to provide, pay for, or reimburse medical expenses; (4) payments by an employer or other entity under wage continuation plan; and (5) payments from any other source other than gifts, or arising from plaintiff’s assets. Plaintiff has the right to introduce evidence that collateral source has a right of subrogation, and of costs involved in securing right to payments.
Evidence of medical expenses. Adds new Rule 414 to GS Chapter 8C, Article 4, allowing past medical expenses to be proved by paid medical bills and statements of other amounts owed. Allows evidence of source of payment and associated rights of subrogation to be admitted into evidence.
Expert testimony. Amends GS 8C-702(a) to limit expert testimony to those situations in which the testimony (a) is based on sufficient facts, (b) is the product of reliable principles and methods, and (c) results from a reliable application of the principles and methods to the facts.
Counsel fees as part of costs. Rewrites GS 6-21.1 as follows: A trial judge in an action for personal injury or property damage, or brought against an insurance company for payment on a policy, has discretion to award attorneys’ fees up to the higher of $5,000 or 50% of the awarded damages only upon finding (1) that the defendant refused to negotiate or pay the claim (currently, “pay the claim”), and that this refusal was unwarranted; (2) that the amount of damages awarded was $15,000 (currently, $10,000) or less; and (3) that the damages recovered exceeded the highest offer made by the defendant as of 30 days before trial began. Specifies the detailed nature and content of the required findings.
Applies to causes of action brought on or after October 1, 2011.
Adds new GS 108A-31.1 as title indicates. Board of county commissioners or the public or private entity designated by the county board to administer the program (in “Electing Counties” under GS 108A-27.3) must determine the documentation to be provided and the frequency with which the community service must be provided. Specifies that if person may not perform community service due to disability, the requirement does not apply.
Intro. by Rouzer. | GS 108A |
Current law mandates that each county, through its local health department, implement a program for the inspection, testing, and issuing of permits for private drinking water wells. Amends GS 87-97(a) to prohibit causing unduly delay or refusing to issue a permit to allow a well to be constructed or repaired and operated in compliance with the requirements and rules of Article 7 (North Carolina Well Construction Act), of GS Chapter 87. Amends GS 87-97(e) to prohibit denying a permit for a well that is in compliance with Article 7 on the basis of a local government policy that discourages or prohibits the drilling of new wells.
Repeals GS 143-355.2(a)(4), which required that a local government’s water shortage response plan not contain any provision that meters or regulates private drinking water wells, as defined in GS 87 85.
Amends subsection (h) of GS 143-355.2 to provide that this subsection, which authorizes a local government unit to impose more stringent water conservation measures than the minimum water conservation measures required under this section, is not to be construed to authorize a local government unit, public water supply system, or private supply system to regulate a well located outside of its jurisdiction, a well that is not connected to its water system, or any other private well. Provides that nothing in this subsection is construed to void or alter cross-jurisdictional agreements.
Amends GS 143-355.3(b), which provides for water shortage emergency powers and duties, to clarify that in adopting rules governing the conservation and use of water within the water shortage emergency area or within the service area from which water is being diverted to address a water shortage, these conservation and diversion provisions are not to be construed as authorizing a local government unit, public water supply system, or private supply system to regulate a well located outside of its jurisdiction, a well that is not connected to its water system, or any other private well.
Amends GS 153A-284 and 160A-317 to specify that county or city may not require owner of developed property located on a water line to connect and may require the owner to connect to a sewer line only if the county or city proves that the septic system in use for the property is a threat to the public health. Allows property owners to continue to use wells for nonpotable purposes even if they have connected to a public water line.
As title indicates. Adds new Article 19 to GS Chapter 113A to establish the Conservation Trust Fund Commission (Commission), to consist of 15 members, with members and appointing authorities detailed in bill. Locates the Commission administratively within the Department of Environment and Natural Resources. Commission is authorized to allocate funds from the various funds listed in the bill’s title. Terms of the trustees and board members for the funds listed in title expire on date bill becomes law and an interim board for the Commission is established. Interim board to consist of 14 members, including chairs of the boards eliminated by the bill. Interim board members to be appointed by August 1, 2011, and terms expire on July 31, 2012. Secretary of Department of Natural and Economic Resources and Commissioner of Agriculture are to serve as co-chairs of the interim board. Makes conforming statutory changes and repeals.
Enacts new GS 58-33-78 to make it a Class 1 misdemeanor for an insurer to coerce or induce a person insured to use an automotive glass repair service other than the person’s chosen service provider, and if the insurer requires an inspection of work done, the insurer must disclose any affiliation with any service provider, and may not solicit work for the affiliate during the inspection. Effective September 1, 2011.
Intro. by Rouzer, Bingham. | GS 58 |
Identical to H 395, filed 3/16/11.
Clarifies that the prohibition against cockfighting in GS 14-362 applies to a rooster, gamecock, or other fighting bird (was, a cock). Provides that owning, breeding, possessing, selling, or training a rooster, gamecock, or other fighting bird with the intent to use the bird in an exhibition featuring the baiting or fighting of that bird with another bird or another animal is a Class I felony. Also provides that a person who manufactures, possesses, promotes, buys, sells, or transports gaffs or slashers, or any sharp implement designed to replace the natural spur of a rooster, gamecock, or other fighting bird, or who uses any device intended to enhance an animal's fighting ability is guilty of a Class I felony. Adds definitions for the following terms: (1) cockfight, (2) fighting bird, (3) gaff, and (4) slasher. Effective December 1, 2011, and applies to offenses committed on or after that date.
Intro. by Newton. | GS 14 |
As title indicates.
Intro. by Rouzer. | UNCODIFIED |
Amends GS 150B-21.2 to require state agency proposing a rule under the Administrative Procedure Act that is a “workload” rule to identify a rule for repeal at the time the workload rule is adopted. Prohibits adoption of a workload rule unless the text of another rule is repealed. Defines workload rule as any rule that alters the procedure or practice requirements of an agency or person regulated by the agency and that cumulatively increases the agency’s workload or places additional burden on a person regulated by the agency.
Intro. by Rouzer. | GS 150B |
Amends GS 105-134.6 to allow deduction from individual income tax 20% of the amount the taxpayer pays to another individual pursuant to a health care sharing organization. Effective for tax years beginning on or after January 1, 2012.
Intro. by Hunt. | GS 105 |
Amends GS 153A-364 (pertaining to counties) and GS 160A-424 (pertaining to cities) as the title indicates.
Provides that a local government inspection department may make periodic inspections only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions exist in the building. Defines reasonable cause to mean that (1) landlord or owner has a substantial history of noncompliance with unit’s ordinances on unsafe buildings, (2) there has been a report that substandard conditions exist within the building or an occupant has requested that the building be inspected, or (3) the inspection department has actual knowledge of unsafe conditions within the building that was acquired as a result of “routine business activities” conducted by the local government. Prohibits an inspection department from “discriminating” between single-family and multi-family buildings or structures or between owner-occupied and tenant-occupied buildings or structures. Adds a new GS 160A-424(b) and GS 153A-364(b) to allow local governments to require periodic inspections as part of a targeted effort to respond to blighted or potentially blighted conditions within a Community Development Block Grant area that has been designated by the governing board, the Division of Community Assistance (Department of Commerce), or the U.S. Department of Housing and Urban Development. Adds a new GS 153A-364(c) and GS 160A-424(c) to prohibit a local government from levying a special fee or tax on residential rental property that is not also levied against other commercial and residential properties.
Amends GS 15A-1340.17 to provide that sentences for Class B1 through E felonies for offenses that are subject to sex offender registration are increased by 51 months over the existing sentences. Amends GS 15A-1368.2 to specify that prisoners subject to the new sentence are to be released 60 months before the end of their sentence (after service of the minimum and receiving credit for any earned time) and placed on post-release supervision. Amends GS 15A-1368.2 to specify that person may not refuse post-release supervision and that refusal is punishable by contempt of court. Time spent in incarceration for contempt is not credited against the original sentence. Specifies that willful violation of post-release supervision conditions to cause revocation is refusal to accept post-release supervision. Makes corresponding changes to contempt statutes in GS 5A-11. Contempt provisions effective when becomes law, and remainder of bill effective December 1, 2011, for offenses committed on and after that date.
Enacts new GS 115D-89.1, establishing the seven-member State Board of Private Sector Postsecondary Education (State Board of PSPE) in the Community Colleges System Office, effective January 1, 2012. Details State Board of PSPE membership, appointing authority, term limits, and additional administrative provisions. Prohibits a General Assembly member or spouse or a state officer or employee from serving on the State Board of PSPE. Requires the State Board of Community Colleges to receive written recommendations from the State Board of PSPE regarding applicants and renewal applicants for proprietary school licenses. Directs the State Board of Community Colleges to also receive recommended changes to GS Chapter 115D or 23 NCAC 3A from the State Board of PSPE. Directs the State Board of PSPE to provide a written report including specified information to the State Board of Community Colleges each year. Amends various provisions in GS Chapter 115D to replace references to the President of the Community College System with references to the State Board of Private Sector Postsecondary Education, or to add references to the State Board of PSPE, as applicable. Amends GS 115D-91, clarifying that all licenses will expire on June 30 (rather than on June 30 next following issuance). Amends GS 115D-95.1, stating that the State Board of PSPE will serve as the Student Protection Advisory Committee, and makes conforming changes.
Effective July 1, 2011, terminates two positions in the Community Colleges System Office of Proprietary Schools. Places fiduciary responsibility for the Commercial Education Fund in the State Board of PSPE on January 1, 2012.
Authorizes appointments to the State Board of PSPE to be made on or after the day the act becomes law, and permits the State Board of PSPE to meet after all members have been appointed. Allows the State Board of PSPE to establish operations before January 1, 2012, with approval from the State Board of Community Colleges. Effective when the act becomes law.
Effective January 1, 2012, unless otherwise indicated.
Intro. by Apodaca. | GS 115D |
As title indicates.
Appoints Dr. Dwight E. Cochran to the North Carolina Veterinary Medical Board, Effective July 1, 2011, for a term expiring June 30, 2016.
Intro. by Apodaca. | UNCODIFIED |
Retirement Systems. Amends GS 135-3(8) to provide that any member who became a member before August 1, 2011, and who separates from service before age 60 for any reason, as specified, and after 15 years of service, will have the right to retire on a deferred retirement allowance at age 60, provided the member retires not less than one day nor more than 120 days (rather than 90 days) after the member executes and files application with the Board of Trustees. Makes conforming changes throughout the statute to specify membership before August 1, 2011, and to replace 90 days with 120 days.
Enacts new subdivision (1a) to GS 135-5(a), allowing any member who became a member on or after August 1, 2011, who attains age 60 and has completed 30 years of service or attains age 70 with 10 years of membership service, to retire on an unreduced retirement benefit not less than one day nor more than 120 days after application to the Board of Trustees. Allows the member to retire at reduced benefit at age 60 with 20 years of service or age 65 with 10 years of service. Enacts new subdivision (4a), allowing any member with less than five years of membership service on July 31, 2011, who is a law enforcement officer and attains 55 years of age with 30 years of service or attains 60 with 10 or more years of service, to retire at unreduced benefit not less than one day nor more than 120 days after application to the Board of Trustees. Amends GS 135-5(a)(1), specifying that any member who became a member before August 1, 2011, may retire not less than one day nor more than 120 days after application to the Board of Trustees, if the member is at least 60 years old with at least five years of membership service or 30 years of service.
Enacts new GS 135-5(a2), specifying the requirements for members who joined the Retirement System on or after August 1, 2011, to receive early service retirement benefits. Amends GS 135-5(a1), distinguishing early service retirement benefits provided to any member who became a member before August 1, 2011.
Enacts new GS 135-5(b20), detailing the service retirement allowance for members who became members on or after August 1, 2011. Amends GS 135-5(b19), distinguishing members who joined the Retirement System before August 1, 2011.
Enacts GS 135-5(m2), detailing the survivor’s alternate benefit provided upon the death of a member in service who joined the Retirement System on or after August 1, 2011. Amends GS 135-5(m), distinguishing the survivor’s alternate benefit for members who became members before August 1, 2011.
Amends GS 135-1(5), clarifying that the definition for average final compensation means the average annual compensation of a member during the four consecutive calendar years producing the highest average for members joining the Retirement System before August 1, 2011, and the average annual compensation during the 120 consecutive calendar months producing the highest average for persons who became members on or after August 1, 2011. Makes a similar change to GS 135-53(2a), which defines average final compensation under the Consolidated Judicial Retirement Act.
Enacts new subsection (a7) to GS 135-58, specifying the retirement allowance for members of the Consolidated Judicial Retirement System who became members on or after August 1, 2011. Amends GS 135-58(a6), distinguishing the retirement allowance for members who joined before August 1, 2011. Amends GS 135-57, allowing any member who became a member before August 1, 2011, who has attained 50 years of age with five years of membership service, to retire not less than one day nor more than 120 days after submitting application to the board of trustees. Makes a conforming change.
Special Commission. Establishes the 14-member Special Commission to Study Retirement and Health Benefits for Teachers and State Employees (Commission). Details Commission membership, appointing authority, and administrative provisions. Directs the Commission to study retirement and health benefits for teachers and state employees, and to examine six specified issues. Instructs the Commission to make an interim report to the 2011 General Assembly and to make a final report to the 2013 General Assembly, with any proposed legislation. Provides for Commission termination.
Effective August 1, 2011.
Intro. by Apodaca, Brunstetter. | GS 135 |
As title indicates.
Intro. by Soucek. | SENATE RES |
Amends GS 115C-84.2 to provide that school systems that miss more than 20 instructional days in 2010-11 school year may schedule 1000 hours of instruction but conduct the hours in less than 180 days of instruction. Amends GS 115C-238.29F to make similar changes for charter schools. Applies only to the 2010-11 school year.
Intro. by Soucek. | GS 115C |
Amends GS 50B-3(a) to add to list of reliefs court may grant in domestic violence protective order a requirement that the defendant wear a GPS tracking device to allow electronic monitoring. Requires defendant to bear cost. Adds similar provision to GS 50C-5(b), for inclusion in civil no-contact orders.
Amends numerous fees in GS Chapter 20 related to motor vehicle usage, with increased amounts of each fee going to North Carolina Mobility Fund. Fees increased include $1 per year for drivers licenses, $5 to $10 for certificate of title, $25 for one-day service on title applications, and increased fees based on weights of property hauling vehicles. Effective July 1, 2011.
Intro. by Jenkins. | GS 20 |
Identical to H 563, filed 3/30/11.
As title indicates.
Intro. by Blue. | SENATE RES |
Enacts new GS 62-5 as title indicates. Makes conforming changes. Effective October 1, 2011.
Intro. by Stein. | GS 62 |
Substantively identical to H 789, filed 4/6/11.
As title indicates.
Intro. by Stein. | GS 62 |
Requires the UNC General Administration to modify the existing student credit hour enrollment change funding model as it applies to the Brody School of Medicine and the UNC Chapel Hill School of Medicine to include a performance based funding component to incorporate performance indicators. Requires the UNC Board of Governors to include a candidate’s preference in professional practice area in its scholarship loan criteria and to reserve one or more slots for individuals specializing in primary care.
Intro. by Stein. | UNCODIFIED |
Amends GS Chapter 95, Article 21 (“Retaliatory Employment Discrimination”) to add GS 95-241.1, titled “Retaliation against nurses prohibited”. Extends protection from adverse employment consequences or other discrimination or retaliation to nurses who make a good faith report concerning patient medical care. Defines “good faith report” to mean a report having a reasonable factual or legal basis, authorized or required by GS Chapter 90, Article 9A (“Nursing Practice Act”). Also includes protection for nurses who engage in patient advocacy, and for persons who advise nurses of these rights. Immunizes nurses and advisors from civil and criminal liability that might otherwise result from their actions. Provides that nurses and advisors who are sued for behavior protected by the Act are entitled to recover costs of defending the action, including reasonable attorneys’ fees and actual and punitive damages if specified conditions are met.
Gives nurses and advisors injured by violation of the Act a right to seek the greater of actual damages (including damages for mental anguish) or $5,000, exemplary damages, court costs, and attorneys’ fees. Creates a rebuttable presumption that adverse employment consequences suffered by a nurse or advisor who engaged in a protected act were in response to that act. Provides that a State or local government entity sued under this Act is held to have waived governmental immunity. Provides for report of prohibited retaliatory behavior to the appropriate licensing authority, and authorizes Commissioner of Labor to impose a civil penalty up to $25,000 in addition to other penalties, with proceeds to go to the Civil Penalty and Forfeiture Fund under GS 115C-457.2. Requires nurse to seek recourse through internal quality control processes before proceeding under Act. Amends GS 95-241(a) to make conforming change.
Intro. by Stein. | GS 95 |
As title indicates. Specifies three modifications that are to be made from the report’s recommendations. Defines licensed physician in full-time practice and licensed physician in part-time practice.
Intro. by Davis. | UNCODIFIED |
Changes the title of Article 3 in GS Chapter 114 to Division of Criminal Information (currently, Division of Criminal Statistics), and makes conforming changes throughout the Article. Amends GS 114-10.1, changing the name of the Police Information Network to the Division of Criminal Information Network. Authorizes the Division of Criminal Information (DCI) (rather than the Attorney General) to cooperate with specified agencies to implement the statute and to use computers and other equipment. Authorizes DCI (rather than the Attorney General) to adopt rules and regulations governing the DCI Network, and to impose fees, as detailed.
Intro. by Stein. | GS 114 |
Amends GS 115D-12, providing that Group One of each community college board of trustees consist of four trustees appointed by the General Assembly, with two upon recommendation of the President Pro Tempore of the Senate and two upon recommendation of the Speaker of the House of Representatives (currently, Group One trustees are elected by the board of education of the public school administrative unit). Applies to appointments for full terms beginning on or after the date the act becomes law.
Specifies that no person is eligible for appointment as a trustee for more than three consecutive terms. Applies to appointments for full terms beginning on or after the date the act becomes law; only full terms will be considered when applying the maximum number of consecutive terms.
Intro. by Meredith. | GS 115D |
Amends GS 135-5(f) to delete requirement that member of Teachers and State Employee’s Retirement System have five years of membership service in order to be paid accumulated interest if the member leaves the retirement system for reason other than death or retirement. Specifies that payment is at London Interbank Offered Rate, and if the member is vested in the system as of January 1, 2012, the rate paid must be at least 4%. Makes similar change to GS 128-27(f) concerning the Local Governmental Employees’ Retirement System. Effective January 1, 2012.
Adds new GS 147-69.3A as title indicates. Insurance purchased may be of any kind and may cover all risks or potential liability for Treasurer, board members serving on boards housed in the Treasurer’s office, and employees and agents of the Treasurer, including liability for investments managed by the Treasurer. Specifies that purchase of insurance does not waive sovereign immunity or other defenses.
Intro. by Meredith. | GS 147 |
Appropriates $210,240 for 2011-12 from the General Fund to the North Carolina Rural Electrification Authority as title indicates. Effective July 1, 2011.
Intro. by Meredith. | APPROP |
Amends GS 20-118(c)(4) and repeals (c)(5) to delete restriction that only vehicles carrying agricultural and other specified products may exceed weight limits on light traffic roads, but retains requirement that the destination of the vehicle and the load must be on the light traffic road.
Intro. by Meredith. | GS 20 |
Rewrites GS 105-277.2(5) as title indicates, requiring counties to utilize manual prepared by Use-Value Advisory Board as directed by GS 105-277.7. Effective for taxes imposed for taxable years beginning on or after July 1, 2011.
Intro. by Tucker, Walters. | GS 105 |
Identical to H 714, filed 4/6/11.
Amends GS 84-5 by adding a new subsection (c), providing that a tax-exempt nonprofit corporation operating as a professional and trade association or business league is not prohibited by GS 84-5 from providing legal services to its members by attorneys duly licensed in NC, where the corporation is not allowing unlicensed individuals to control the manner or course of the legal services. Requires the corporation to continually satisfy the requirements of its nonprofit status. Provides that the corporation may charge for and collect charges for the legal services of its officers, employees, and agents rendered to its members, and may compensate those who render the services.
Intro. by Tucker. | GS 84 |
Enacts new GS 115C-276, requiring a superintendent to immediately report a specified act to local law enforcement, when the superintendent has personal knowledge or actual notice that the act occurred on school property, as defined. Makes failure to report a Class 3 misdemeanor. Requires the superintendent to notify the local board of education in writing or by electronic mail about any report made to law enforcement by the end of the workday on the day of occurrence and no later than the end of the following workday. Enacts new subsection (d6) to GS 115C-391, directing the local board of education to expel or the superintendent to remove any student convicted of a felony, adjudicated delinquent for an offense that would be a felony if committed by an adult, arrested two or more times, or alleged to be delinquent or undisciplined two or more times, and to send the student to an alternative education setting. Enacts new GS 115C-532.1, prohibiting probation officers and juvenile court counselors from visiting students during the school day or on school property. Amends GS 115C-390, stating that no local board of education will be civilly liable to any person for acting or failing to act to stop or intervene in an altercation between students, unless that act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing. Also provides that no school employee will be reprimanded or dismissed for acting or failing to act to stop or intervene in an altercation. Makes a conforming change. The above provisions apply beginning with the 2011-12 school year.
Enacts new subsection (b1) to GS 15A-301, prohibiting any warrant or order for arrest, criminal summons, or other criminal process from being issued by a magistrate against a school employee for an offense that occurred while the employee was performing duties of employment, without prior written approval by the district attorney. Clarifies that the provision does not apply to traffic offenses or offenses occurring in the presence of a law enforcement officer. Applies to offenses committed on or after December 1, 2011.
Enacts new GS 14-458.2, making it unlawful for any student to use a computer or computer network to cyber-bully a school employee, as detailed. Makes the offense of cyber-bullying a school employee a Class H felony. Defines school employee and student, as applicable in the statute. Permits the court to place a student on probation without entering a judgment of guilt and with the student’s consent, if the student pleads guilty or is found guilty of cyber-bullying. Directs the court to discharge and dismiss the proceedings after the student fulfills the terms of probation, which will not be deemed a conviction. Applies to offenses committed on or after December 1, 2011. Enacts new subsection (i) to GS 115C-366, effective beginning in the 2011-12 school year, requiring any student convicted of cyber-bullying to be transferred to another school within the local school administrative unit.
Enacts new GS 14-34.10 to make it a Class H felony for any student 16 years of age or older to assault a school employee or volunteer, as specified in GS 14-33(c)(6), unless the conduct receives greater punishment under another provision of law. Includes applicable definitions. Enacts new GS 14-266.4, making any employer or supervisor guilty of a Class 3 misdemeanor, if that person intimidates or attempts to intimidate a school employee against reporting an assault under GS 14-33 or 14-34.10. Makes an employer or supervisor who knows about an assault on a school employee and fails to report the assault guilty of a Class 3 misdemeanor. Enacts new GS 14-33.3, protecting any school employee, as defined, from civil or criminal liability for acting in good faith to end a fight or altercation between students. The new criminal statutes apply to offenses committed on or after December 1, 2011.
Identical to H 648, filed 4/5/11.
Amends GS 87-1 to also except any person, firm, or corporation who constructs or alters a building on land owned by that person, firm, or corporation from the definition of general contractor, provided the person, firm, or corporation complies with GS 87-14 (regulations for building permit issuance). Makes other clarifying and technical changes, and organizes the amendment to GS 87-1 under GS 87-1(b)(2). Amends GS 87-14, requiring any applicant for a building or construction permit, as specified, where the cost for the project will be $30,000 or more, to satisfy, in addition to requirements under current law, the following requirement: furnish satisfactory proof that the person seeking the permit or another person contracting to manage the construction is duly licensed under Article 1 of GS Chapter 87, or is exempt from licensure under GS 87-1(b). Provides that an applicant must execute a verified affidavit containing three listed attestations if the applicant claims exemption from licensure under GS 87-1(b)(2). Directs the building inspector or other authority to transmit a copy of the affidavit to the State Licensing Board for General Contractors who will verify the exemption, or revoke the building permit if the applicant is not exempt. Makes conforming and organizational changes.
Amends GS 153A-360 (inspections of work in progress in counties) and GS 160A-420 (inspections of work in progress in cities), adding that no inspection will be conducted without the owner personally present, if the permit was obtained pursuant to GS 87-1(b)(2).
Amends GS 62-133.8 to provide that set asides for electricity that has to be produced using swine and chicken waste may be met by equivalent amounts of energy produced instead of electrical power sold to retail customers.
Intro. by Rucho. | GS 62 |
Amends GS 105-130.47 and 105-151.29 both (statutes establish tax credits for production company expenses) to sunset the provisions of the statute effective January 1, 2011, instead of the January 1, 2014, sunset in the current law. Makes conforming changes. Effective for taxable years beginning on or after January 1, 2011.
Intro. by Mansfield. | GS 105 |
Amends GS 163-278.9(a)(5a) to add that the quarterly report of campaign contributions and expenditures for the fourth quarter, if required, shall also cover the month of January after the election. Effective October 1, 2010, and applies to reports for calendar periods after that date.
Intro. by Nesbitt, Brown. | GS 163 |
Amends GS 18B-1105 as title indicates, and requires ABC Commission to adopt regulations governing retail sales at distilleries. Adds GS 18B-1105.2 authorizing distillery permit-holder to conduct consumer tasting events on the following conditions: (1) person pouring wine at event must be an employee at least 21 years old; (2) person pouring spirituous liquor must check IDs, and consumption by persons under-age is prohibited; (3) consumers may not be charged for samples and may not consume more than 1.5 oz. of liquor in a day; (4) tastings must be held at distillery which produced liquor, and may not be held when sale is otherwise prohibited; (5) a tasting event may not be advertised. Directs the Commission to adopt rules to assure that tastings are not used as a subterfuge for unlawful sale or distribution, nor by industry members as unlawful inducements to retail permit holders. Effective October 1, 2011.
Intro. by Nesbitt. | GS 18B |
Amends GS 163-227.2(g) to provide as title indicates. Effective for elections conducted on or after January 1, 2012.
Intro. by Nesbitt. | GS 163 |
Amends GS 105-164.8 (b) (sales taxes on remote sales) to specify that a retailer is not considered to be soliciting or transacting business by an independent contractor or agent if the retailer contracts with a North Carolina resident to refer potential customers by Internet link or otherwise. Current law presumes such arrangements constitute remote sales under the statute. Effective for tax years beginning on or after January 1 2009.
Intro. by Brown. | GS 105 |
Creates the 14 member Joint Legislative Study Commission on Property Insurance Rate Making (Commission) to study the adequacy of citizen contribution in property insurance rate making and the manner that property insurance rates are proposed, reviewed, approved, and appealed. Details Commission members, appointing authority, and administrative details. Directs the Commission to study seven specified items, including the feasibility and advisability of replacing the NC Rate Bureau with a market-based rate setting system or a regulatory commission. Instructs the Commission to submit an interim report to the 2012 General Assembly before it reconvenes and a final report to the 2013 General Assembly before it reconvenes with findings, recommendations, legislative proposals, and cost analyses. Provides for Commission termination. Directs the Legislative Services Commission to allocate funds to support the study from the funds appropriated to the General Assembly for 2011-12 and 2012-13. Effective July 1, 2011.
Intro. by Brown. | STUDY |
Amends GS 108A, Article 2, Part 5 (concerning food and nutrition services) to add section GS 108A-52.1 requiring the Department of Health and Human Services (DHHS) to issue recipients debit cards containing a color photograph and detailed identifying information, including a physical description, date of birth, and signature. Permits one additional individual, named on the card, to use the card on the recipient’s behalf, upon showing identification. Effective July 1, 2011.
Intro. by Mansfield. | GS 108A |
Enacts new subsection (b2) to GS 90-85.28 to prohibit a pharmacist from substituting any drug product that is not an equivalent drug product identified on the prescription unless, before substituting, the pharmacist: (1) obtains and documents the prescriber’s written or verbal consent, (2) obtains and documents the patient’s written or verbal consent, and (3) maintains consent documentation on file. Amends GS 90-85.27, clarifying the definition for equivalent drug product to mean a drug product with the same established name, active ingredient, strength, quantity, and dosage form, which is listed as therapeutically equivalent to the drug product on the prescription under the most recent version of the Food and Drug Administration’s Approved Drug Products with Therapeutic Equivalence Evaluations.
Intro. by Mansfield. | GS 90 |
Adds new GS 105-134.2(c) specifying that the tax rate imposed on the net business income of a taxpayer who receives income as an individual from a small business may not exceed the rate imposed on a corporation. Defines small business as a business whose cumulative gross receipts do not exceed $850,000 in a year, excluding passive income. Effective for taxable years beginning on or after January 1, 2011.
Intro. by Mansfield. | GS 105 |
Repeals GS 105-130.45 and GS 105-130.46 as title indicates. Effective for taxable years beginning on or after January 1, 2011.
Intro. by Mansfield. | GS 105 |
Amends GS 105-113.21 and repeals GS 105-113.85, as the title indicates. Effective July 1, 2011.
Intro. by Mansfield. | GS 105 |
Current law states that a tax law violation is considered an act committed in part at the office of the Secretary of Revenue in Raleigh. Amends GS 105-236(b), adding that the court will order penalties and forfeitures paid in equal portions to all counties where the act was committed rather than entirely to the county school fund of Wake County, if the case is prosecuted in Wake County and the court finds that the act is partly committed in a different county. Applies to penalties and forfeitures assessed on or after October 1, 2011.
Intro. by D. Berger. | GS 105 |
The Daily Bulletin: 2011-04-19
The Daily Bulletin: 2011-04-19
AN ACT TO ESTABLISH A SEASON FOR TAKING FOXES WITH WEAPONS AND BY TRAPPING IN CHOWAN COUNTY. Summarized in Daily Bulletin 3/8/11. Enacted April 18, 2011. Effective October 1, 2011.
Intro. by Jones. | Chowan |
Senate committee substitute makes the following changes to 1st edition. Adds Wake County to the scope of the act. Makes a conforming change to the title.
Intro. by Stein, Stevens, Hunt. | Wake |
Actions on Bills: 2011-04-19
H 8: EMINENT DOMAIN
H 138: AMEND HEALTH INSURANCE RISK POOL STATUTES.
H 153: NO PUBLIC RETIREMENT FOR CONVICTED FELONS (NEW).
H 162: EXEMPT SMALL AG PROCESSING FROM PERMIT REQ.
H 164: RELEASE OF UPSET BID DEPOSIT (NEW).
H 167: EXTEND ASSESSMENT REFUND PERIOD.
H 171: MUNICIPAL SELF-ANNEXATIONS.
H 215: UNBORN VICTIMS OF VIOLENCE ACT/ETHEN'S LAW.
H 222: ELECTRIC VEHICLE INCENTIVES.
H 234: JUROR QUALIFICATIONS/DISABILITIES.
H 242: NAT. GAS/BOND/FEE/LANDOWNER PROTECT'N/STUDY (NEW).
H 243: CERTIFICATES UNDER SEAL IN INDIGENT CASES/FEE.
H 302: CHARITABLE LICENSING EXEMPTION CLARIFICATION.
H 316: MODIFY NCGA POLICE POWERS (NEW).
H 332: CLARIFY DEVELOPMENT MORATORIA AUTHORITY.
H 335: PRISON MAINT/JUSTICE REINV/TECH CORR. (NEW).
H 339: HOUSING AUTHORITY/COLLECT UNPAID RENT.
H 394: FLEX. WORK OPTION FOR ALL STATE EMPLOYEES.-AB.
H 407: MODIFY ATV HELMET USE REQUIREMENTS.
H 427: RUN AND YOU'RE DONE.
H 436: ECONOMIC DISCLOSURES FOR SANITARY DISTRICTS.
H 438: ACCOUNTABLE CO. COMMS./EXPAND LOC. BD. AUTH.
H 492: STORMWATER/ISOLATED POPL. GROWTH IN COUNTY.
H 567: MOUNTAIN RESOURCES COMM'N/STAGGERED TERMS.
H 595: REORGANIZATION/LEGISLATIVE OVERSIGHT COMNS.
H 613: NC-THINKS PROGRAM AMENDMENTS.
H 616: AMEND ENGINEERS AND SURVEYORS LAWS.
H 766: TESTING IN THE PUBLIC SCHOOLS.
H 802: CHILD SUPPORT ORDER STAYED BY APPEAL.
H 810: CONSUMER FINANCE ACT AMENDMENTS.
H 821: ALLOW DOT TO USE RECYCLED ASPHALT.
H 857: SEX OFFENDERS/ELECTRONIC MONITORING.
H 867: REMOTE RETAILER CLICK-THROUGH STUDY (NEW).
S 31: CLARIFY PENALTY UNAUTH. PRACTICE OF MEDICINE (NEW).
S 33: MEDICAL LIABILITY REFORMS.
S 75: PROMOTE ELECTRICITY DEMAND REDUCTION.
S 110: PERMIT TERMINAL GROINS.
S 146: SUSPEND PLASTIC BAG BAN/SUPPLY DISRUPTION (NEW).
S 154: ABOLISH HIGHER EDUCATION BOND OVERSIGHT COMM.
S 182: STATEWIDE EMAIL SUBSCRIPTION LISTS (NEW).
S 187: MODIFICATIONS/2012 APPROPRIATIONS ACT (NEW).
S 275: OFFICIAL HERRING FESTIVAL.
S 307: SMART CARD BIOMETRICS AGAINST MEDICAID FRAUD.
S 323: STATE HLTH PLAN/APPROPRIATIONS AND TRANSFER II (NEW).
S 343: COMMUNICATIONS REGULATORY REFORM.
S 354: FURTHER MODIFY 2011 APPOINTMENTS BILL (NEW).
S 364: CANCEL AIRCRAFT LIEN W/SURETY BOND DEPOSIT.
S 397: EXPUNGE NONVIOLENT OFFENSE BY MINOR.
S 406: REPEAL CROSSBOW PURCHASE PERMIT REQUIREMENT.
S 414: ALLOW ATTORNEYS' FEES IN BUSINESS CONTRACTS (NEW).
S 433: LOCAL HUMAN SERVICES ADMINISTRATION
S 434: JUVENILE AGE TO 18 (NEW).
S 437: ENACT FIRST EVALUTION PROGRAM.
S 457: AMEND ARTICLE 13 OF BUSINESS CORPORATION ACT.
S 466: MODIFY TEACHER CAREER STATUS LAW.
S 472: KINSTON PUBLIC ENTERPRISES (NEW).
S 474: PHOTO ID FOR CERTAIN CONTROLLED SUBSTANCES.
S 498: MODIFY LAW RE: CORPORAL PUNISHMENT.
S 560: SPORT SHOOTING RANGE PROTECTION.
S 600: OUT-OF-STATE LAW ENFORCEMENT/SPECIAL EVENTS.
S 601: REGIONAL TRANSPORTATION AUTHORITIES.
S 602: DOMESTIC FOWL STRAY/COMMERCIAL POULTRY LANDS.
S 603: PESTICIDE REGISTRATION PAPER REDUCTION.
S 604: NC ILLEGAL IMMIGRATION ENFORCEMENT ACT.
S 605: "DON'T TREAD ON ME" SPECIAL PLATE.
S 606: DWQ STUDY RECLAIMED WATER ISSUES.
S 607: CONFORM MEDICAL RECORD LAWS.
S 608: HEALTH CARE SHARING ORGANIZATIONS.
S 609: FACILITATE LOCUM TENENS PHYSICIANS.
S 610: CONSTITUTIONAL CONVENTION/BALANCED BUDGET.
S 611: PROPANE GAS TAX EQUALIZATION ACT.
S 612: STATE LEASED SPACE/PED STUDY (NEW).
S 613: HUNTING & FISHING/ACTIVE DUTY MILITARY.
S 614: AGRICULTURE RESEARCH STATIONS' EVALUATION.
S 615: NAT'L GAS EXPLORATION/BOND & STUDY.
S 616: STUDY METALS & PAWN STATUTES/PREVENT THEFT.
S 617: LRC STUDY FOOD ALLERGY & ANAPHYLAXIS MGMT.
S 618: POST-ADOPTION CONTACTS.
S 619: SIMPLIFIED ANNUAL REPORTS FOR NONPROFITS.
S 620: CLARIFY USE OF POSITION.
S 621: SIMULATED GAMING ALLOWED/CERTAIN ABC OUTLETS.
S 622: LIMIT ETJ.
S 623: RIPARIAN BUFFER RULE EXEMPTION.
S 624: MODIFY HEARINGS & MAILINGS FOR RULE MAKING.
S 625: CONDITIONS FOR NEW ENVIRONMENTAL RULES.
S 626: LRC TO STUDY FERRY TOLLS/JUV. JUSTICE REFORMS (NEW).
S 627: ANNEXATION REFORM.
S 628: WQ PERMITTING/WITHHELD INFORMATION (NEW).
S 629: PRIVILEGE TAX FOR UNREGULATED UTILITIES.
S 630: AMEND COS. ART LAW/GRANDFR. NATURAL HAIR CARE.
S 631: UNC/CHEROKEE LANGUAGE CREDIT.
S 632: UPGRADE SECURITY SERVICES-GOVERNMENT COMPLEX.
S 633: STATE HEALTH PLAN/LIMITED ABORTION COVERAGE.
S 634: CONSTITUTIONAL CONV./REPEAL FEDERAL LAW/REGS.
S 635: MINORS/SENTENCING FOR 1ST DEGREE MURDER (NEW).
S 636: MODIFY GRADUATED LICENSING REQUIREMENTS.
S 637: CONSTITUTIONAL CONV./LAWS APPLY TO CONGRESS.
S 638: AGRICULTURAL WATER RESOURCES ASSISTANCE.
S 639: NATIONAL POPULAR VOTE INTERSTATE COMPACT.
S 640: ENHANCE DONATIONS OF CONSERVATION LAND.
S 641: EDUCATION GOVERNANCE AMENDMENT.
S 642: MED. MAL. REVIEW BOARD.
S 643: TEMPORARY CHILD CUSTODY ORDERS.
S 644: DSS ADOPTION ASSISTANCE AGREEMENTS BINDING.
S 645: REMOVE CAP ON ENERGY CREDITS.
S 646: ANNEXATION LAW OMNIBUS.
S 647: MUTUAL INSURANCE HOLDING COMPANIES.
S 648: AMEND LAW RE: SCHOOL DISCIPLINE.
S 649: CORE SOUND WATERFOWL MUSEUM SPECIAL PLATE.
S 650: SPENDING REDUCTION WITH MEDICAL HOUSE ARREST.
S 651: SERVICE AGREEMENTS/ALLOW RESERVE ACCOUNT.
S 652: IGNITION INTERLOCK HEARING EVIDENCE.
S 653: ELIMINATE AGENCY FINAL DECISION AUTHORITY.
S 654: WC/ADJUST ORGAN INJURY BENEFIT ANNUALLY.
S 655: DENTISTRY MANAGEMENT ARRANGEMENTS.
S 656: RIGHT TO CHOOSE PHYSICAL THERAPIST.
S 657: VOTING INTEGRITY.
S 658: 21ST CENTURY TAX MODERNIZATION PLAN.
S 659: WC/TAXI DRIVER/INDEPENDENT CONTRACTOR.
S 660: LRC STUDY CONSOLIDATING LOCAL SPECIAL DISTS.
S 661: AUDIT ROANOKE ISLAND COMMISSION AND FRIENDS (NEW).
S 662: MIDWIFERY LICENSING ACT.
S 663: STUDY CHILD SUPPORT GUIDELINES.
S 664: LAW ENFORCEMENT OFFICER FAIRNESS ACT.
S 665: ASU WIND DEMONSTRATION PROJECT.
S 666: CAP MOTOR FUEL TAX AT CURRENT RATE.
S 667: PERMIT ADVERTISING ON SCHOOL BUSES.
S 668: WATER/WASTEWATER CENTRAL DATABASE.
S 669: DIX PROPERTY--MENTAL HEALTH TRUST FUND.
S 670: REVISE MEMBERSHIP/HEARING AID FITTERS BOARD.
S 671: SMART GRID JOB CREATION AND RETENTION ACT.
S 672: STUDY/RADIOLOGIST ASSISTANT LICENSURE.
S 673: CINCO DE MAYO RESOLUTION.
S 674: CIVIL JUSTICE SYSTEM REFORMS.
S 675: REQUIRE COMMUNITY SERVICE/WORK FIRST PROGRAM.
S 676: CLARIFY WATER AND WELL RIGHTS/PRIVATE PROPERTY.
S 677: NC CONSERVATION TRUST FUND COMMISSION.
S 678: AUTOMOTIVE GLASS REPAIR/INS. COVERAGE.
S 679: DEEDS OF TRUST/MODERNIZE PROCEDURES (NEW).
S 680: CONSTITUTIONAL CONVENTION/HYDROCARBONS.
S 681: REQUIRE QUID PRO QUO FOR AGENCY RULE MAKING.
S 682: TAX DEDUCTION FOR SHARING HEALTH CARE COSTS.
S 683: RESIDENTIAL BUILDING INSPECTIONS.
S 684: SEX OFFENDER SUPERVISION/FORENSIC AMENDMENTS (NEW).
S 685: MODIFY REGULATION OF PROPRIETARY SCHOOLS.
S 686: 2011 APPOINTMENTS BILL (NEW).
S 687: STATE RETIREMENT CHANGES.
S 688: RECOGNIZE BILLY GRAHAM AS NATIVE SON.
S 689: CONGRESSIONAL CURATIVE (NEW).
S 690: REQUIRE ELECTRONIC MONITORING/ABUSE OFFENDERS.
S 691: INCREASE DMV FEES/MOBILITY FUND REVENUE.
S 692: WORKERS' COMPENSATION ACT AMENDMENTS.
S 693: HONOR RALPH CAMPBELL.
S 694: ENERGY INDEPENDENCE & JOB CREATION IN NC.
S 695: ENERGY EFFICIENCY REQUIRED FOR REPS.
S 696: ADDRESS PRIMARY CARE SHORTAGE.
S 697: PATIENT ADVOCACY & PROTECTION ACT.
S 698: MODIFY COPA AGREEMENT/MISSION HEALTH.
S 699: COURTS AND INVESTIGATIONS (NEW).
S 700: MODIFY TERMS OF COMMUNITY COLLEGE TRUSTEES.
S 701: TSERS/LGERS RETURN OF CONTRIBUTIONS.
S 702: DIRECTOR AND OFFICER INSURANCE FOR TREASURER.
S 703: NC RURAL ELECTRIFICATION AUTHORITY FUNDS.
S 704: ELIMINATE WEIGHT REQUIREMENTS/FARM TRUCKS.
S 705: REQUIRE NC USE-VALUE AD BD MANUAL FOR PUV.
S 706: LEGAL SERVICES.
S 707: SCHOOL VIOLENCE PREVENTION ACT.
S 708: BUILDING CODE RULES/EFFECTIVE DATES (NEW).
S 709: ENERGY JOBS ACT.
S 710: POULTRY WASTE RECS (NEW).
S 711: ELIMINATE FILM INDUSTRY PRODUCTION CREDIT.
S 712: ADJUST QUARTERLY REPORTING.
S 713: SPIRITUOUS LIQUOR SALES--DISTILLERIES (NEW).
S 714: SATELLITE EARLY VOTING MINIMUM TIMES.
S 715: REPEAL REMOTE RETAILER CLICK-THROUGH.
S 716: STUDY STATEWIDE PROPERTY INSURANCE STRUCTURE.
S 717: PHOTO I.D. FOR SNAP RECIPIENTS.
S 718: PRESCRIPTION INTEGRITY ACT.
S 719: EQUALIZE INCOME TAX PAID BY SMALL BUSINESSES.
S 720: ELIMINATE CREDITS FOR EXPORTING CIGARETTES.
S 721: ELIMINATE DISCOUNTS FOR TIMELY REPORTS.
S 722: TAX FINES AND FORFEITURES TO COUNTY OF CRIME.
S 723: STRENGTHEN CONTROLLED SUB. REPORTING SYSTEM.
S 724: AN ACT TO IMPROVE PUBLIC EDUCATION.
S 725: CAMPAIGN FINANCE REFORM.
S 726: MULTIPLE BIRTH SIBLING CLASSROOM PLACEMENT.
S 727: NO DUES CHECKOFF FOR SCHOOL EMPLOYEES.
S 728: MODIFY ABANDONED PROPERTY PROVISIONS.
S 729: TECHNOLOGY TO CATCH UNINSURED MOTORISTS.
S 730: TAXPAYER ACTION IF NO DOR DETERMINATION.
S 731: ZONING/DESIGN AND AESTHETIC CONTROLS.
S 732: REPORTING OF SCORES ON THE ASVAB TEST.
S 733: MODIFY SMALL SCHOOL PROVISIONS.
S 734: ACCOMMODATIONS AND OCCUPANCY TAX CHANGES.
S 735: CONGRESSIONAL PLAN - ODELL SCHOOL.
S 736: NO STATE FUNDS FOR ABORTIONS.
S 737: UI/FIVE-HOUR PUBLIC SERVICE REQUIREMENT.
S 738: SOLE SOURCE ED. REQUIREMENTS/BAIL BONDSMEN (NEW).
S 739: CONSOLIDATED CORPORATE TAX RETURNS.
S 740: ALLOW SURETY AGENT TO FILE MOTIONS/BAIL BONDS.
S 741: JURISDICTIONAL AMTS/ARBITRATION/SM CLAIMS CT.
S 742: VIDEO OF DWI STOPS AND CHEMICAL TESTS.
S 743: ENCOURAGE VOLUNTEER HEALTH CARE PROVIDERS.
S 744: TRANSPARENCY IN THE COST OF HEALTH CARE.
S 745: BEER FRANCHISE LAW CLARIFICATIONS.
S 746: COURTS COMMISSION CHAIRS.
S 747: OFFSHORE WIND JOBS AND ECONOMIC DEVELOPMENT.
S 748: INCREASE DRIVERS LICENSE RESTORATION FEE.
S 749: VARIOUS MOTOR VEHICLE LAW CHANGES (NEW).
S 750: OMNIBUS TRANSPORTATION ACT (NEW).
S 751: STATUTORY CAP FOR MOTOR FUEL EXCISE TAX RATE.
S 752: ELIMINATE DOUBLE-WEIGHTED SALES APPORTIONMENT.
S 753: TAX BOAT & AIRCRAFT SALES AT GENERAL RATE.
S 754: CAREGIVER RELIEF ACT.
S 755: ED. EMPLOYEES ASS'N/EQUAL ACCESS ACT.
S 756: AMEND BAIL LAW/PRETRIAL RELEASE PROGRAMS.
S 757: INTERSCHOLASTIC SPORTS/CONCUSSIONS.
S 758: DOMESTIC VIOLENCE/FUNDING AMENDMENTS.
S 759: EQUAL EDUCATION OPPORTUNITY TAX CREDIT.
S 760: GANG PREVENTION/REPORTING FUNDS.
S 761: CONSUMER FINANCE ACT AMENDMENTS.
S 762: ASSAULT ON LAW ENFORCEMENT & EM WORKER/FELONY.
S 763: DAM REMOVAL/MODIFY BASIN PLAN & NUTRIENT GOAL.
S 764: NO CREDIT FOR OBSCENE FILMS.
S 765: NO FIREARMS QUESTIONS DURING MEDICAL EXAMS.
S 766: NOTARIZED CONSENT FOR MINOR'S ABORTION.
S 767: PUBLIC CONTRACTS/MULTIPLE AWARD.
S 768: STANDARDS FOR ELECTRONIC PRESCRIPTIONS.
S 769: ABORTION--WOMAN'S RIGHT TO KNOW ACT.
S 770: BIRTH CERTIFICATE/STILLBORN INFANTS.
S 771: SINGLE TRIP PERMITS/MODULAR HOMES.
S 772: CONSOLIDATE ETHICS, ELECTIONS, AND LOBBYING.
S 773: CITY/COUNTY ELECTRONIC NOTICE.
S 774: UPDATE ELECTRONIC PRESCRIPTION RULES.
S 775: REGULATE ABORTION FACILITIES.
Actions on Bills: 2011-04-19
H 17: WAYNE BOARD OF EDUCATION VACANCIES
H 26: HENDERSON COUNTY FIRE DISTRICTS.
H 68: TAX CERTIFICATION - ADD COUNTIES (NEW).
H 140: OAK ISLAND/RECALL OFFICIALS.
H 156: LENOIR FOX TRAPPING.
H 284: WAYNE COUNTY DESIGN BUILD.
H 292: INCORPORATE ROUGEMONT.
H 296: SAMPSON-DELINQUENT TAXPAYERS (NEW).
H 365: PINK HILL ELECTIONS.
H 420: OAK ISLAND/WHEEL CLOCKS.
H 460: ROCKINGHAM/TRESPASSING ON PRIVATE LAND.
H 480: STANLY COUNTY SCHOOL BOARD FILING PERIOD.
H 481: STANLY COUNTY SHERIFF VACANCY.
H 482: WATER SUPPLY LINES/WATER VIOLATION WAIVERS (NEW).
H 488: PRTF/EXTEND NASHVILLE WAIVER.
H 506: WRIGHTSVILLE BEACH/ABANDONED VESSELS.
H 519: PIED. TRIAD WATER AUTH. / CONTROL FISHING.
H 536: LINCOLN AND CHATHAM SCHOOL BOARD DISTRICTS (NEW).
H 566: GRANTSBORO CHARTER AMENDMENT.
S 82: TOWN OF ATKINSON/CHARTER AMENDMENT.
S 83: WILSON SCHOOL BOARD.
S 273: WAKE MUNICIPALITIES ENERGY EFFICIENCY.
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