House amendment makes the following changes to 2nd edition. Amends GS 40A-3(a)(1) to provide that power of condemnation for power lines includes lines to connect to customers.
The Daily Bulletin: 2011-04-28
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The Daily Bulletin: 2011-04-28
Intro. by Stam, Lewis. |
Senate amendment makes the following changes to 4th edition. Amendment # 1 provides that communications services also do not include remote reading of data from utility or parking meters or provisioning energy demand reduction or smart grid services for an electric, water, or sewer system. Amendment # 4 provides that compliance with open bidding procedures for customers outside the service area applies only when the customer is a public entity, and specifies that all public entities in described service areas may receive services from a city or joint agency only after complying with public bidding procedures. Makes other clarifying changes.
Intro. by Avila. |
AN ACT TO AMEND THE HEALTH INSURANCE RISK POOL STATUTES. Summarized in Daily Bulletin 2/17/11 and 3/2/11. Enacted April 28, 2011. Effective April 28, 2011.
Intro. by Dockham. |
AN ACT TO CLARIFY THAT A MUNICIPALITY HAS NO AUTHORITY TO PETITION ITSELF FOR SELF-ANNEXATION OF PROPERTY IT DOES NOT OWN OR HAVE ANY LEGAL INTEREST IN, SUCH AS STATE-MAINTAINED STREETS, AND TO CLARIFY THAT A PETITION FOR VOLUNTARY SATELLITE ANNEXATION MUST BE SIGNED AND, IF NO SIGNATURE IS REQUIRED FOR CERTAIN PROPERTY, THE PROPERTY MAY NOT BE INCLUDED IN THE PETITION OVER THE OWNER'S OBJECTION. Summarized in Daily Bulletin 2/23/11 and 3/16/11. Enacted April 28, 2011. Effective April 28, 2011.
Intro. by L. Brown. |
House amendment makes the following change to 1st edition. Clarifies that a county or city may not adopt temporary moratoria on development approval for the purpose of developing and adopting new or amended plans or ordinances as to residential uses.
Intro. by Mills, Killian, Crawford, Hamilton. |
House committee substitute makes the following changes to 1st edition. Eliminates felony and mandatory confinement provisions and provides instead for Class I misdemeanor for first or second offense and Class A1 misdemeanor for third or subsequent offense of driving while license revoked. Clarifies that a motor vehicle is subject to forfeiture if a person is convicted of a third (rather than fourth) subsequent violation, as detailed. Adds amendments to GS 20-28.2 to provide for forfeiture of vehicle for driving while license revoked after two previous convictions for the same offense. Amends GS 20-28.3 to provide for seizure of vehicle driven by a person charged with driving while license revoked after two previous convictions, with conforming amendment to subsection (e2) to provide that a petition for pretrial determination applies only when seizure was for impaired driving. Makes conforming and clarifying amendments to GS 20-28.4, 20 28.8 and 20-28.9. Enacts new subsection (a1) to GS 20-54.1, requiring the Division of Motor Vehicles to revoke registration for motor vehicles, upon notice of a third or subsequent conviction of driving with a revoked license. Changes effective date from October 1, 2011 to December 1, 2011.
Intro. by Starnes. |
House amendment makes the following change to 2nd edition. Amends the infection prevention requirements of new GS 131D-4.4A(b)(1)a. to distinguish between single use and reusable items and, specifically, to require that the infection control policy address the proper disposal of single use equipment used to puncture the skin, mucous membranes, and other tissues, and the proper disinfection of reusable patient care items that are used for multiple residents.
Intro. by Weiss. |
House amendments make the following changes to 2nd edition. Amendment #1 defines school official to include superintendent or central office administrator delegated duties by the superintendent, and any principal, or assistant principal, and defines school personnel to include all school employees and all individuals working on school grounds or at school functions under contract or working for an agency to provide educational or related services. Clarifies that the person who administered corporal punishment, not the school official, is to provide explanation to parent. Rewrites amendment to GS 115C-45(c)(1) to specify that appeal to the school board is only for long-term suspension, year suspension for gun possession, or expulsion. Amendment #2 rewrites GS 115C-390.6 (short-term suspension) to provide that the local board of education may provide review or appeal of a short-term suspension to superintendent or board.
Intro. by Langdon, Luebke, Daughtry, Lucas. |
House amendment makes the following changes to 2nd edition. Amends GS 15A-211(c), specifying that the required electronic recording is to be a simultaneous visual and audio recording when reasonably feasible, but failure to have simultaneous recording is not grounds for suppression of evidence.
Intro. by Glazier, Stam, Faircloth. |
House amendment makes the following changes to 1st edition.
Amends the bill title, clarifying that the bill authorizes (rather than requires) the Department of Health and Human Services to waive annual inspections of certain adult care homes, as detailed.
Intro. by Burr. |
Amends Section 2(b) of SL 2009-216 to extend from 2016 to 2020 the deadline for each discharger with permitted flow of .1 million gallons per day or more to limit nitrogen discharge to its active individual discharge allocation under Wastewater Discharge Rule 15A NCAC 02B.0270. Amends Sec. 3(d)(2)a. of SL 2009-216 to have a March 1, 2020, rather than a March 1, 2017, monitoring report trigger Stage 2 adaptive management program. Appropriates $25,000 from the General Fund to the Savings Reserve Account for 2011-12 for emergency use, including any environmental emergencies resulting from delay in Jordan Lake water quality rules under this act.
Intro. by Jones, Ingle, Blust, Faircloth. | APPROP |
The Daily Bulletin: 2011-04-28
AN ACT TO PROMOTE THE USE OF ELECTRICITY DEMAND REDUCTION TO SATISFY RENEWABLE ENERGY PORTFOLIO STANDARDS. Summarized in Daily Bulletin 2/15/11 and 3/15/11. Enacted April 28, 2011. Effective April 28, 2011.
Intro. by Hartsell. |
Senate committee substitute makes the following changes to 1st edition. Rewrites GS 91A-3 to add cash as a new definition, delete cash converter store as a definition, and redefine cash converter as persons engaged in the business of purchasing goods from the public for cash at a permanently located retail store who hold themselves out to the public as being engaged in such business. Specifically exempts from the definition of cash converter the following: (1) pawnbrokers; (2) persons who purchase goods directly from manufacturers or wholesalers; (3) precious metal dealers to the extent their transactions are regulated under Article 25 of GS Chapter 66; (4) purchases by persons primarily in the business of obtaining used clothing, children’s products, and children’s furniture from the public for less than $50 per item; and (5) purchases by persons primarily in the business of obtaining sporting goods and sporting equipment from the public for less than $50 per item. Adds a purpose to the list in GS 91A-2. Makes the act effective December 1, 2011 (was, October 1, 2011).
Amends GS 91A-10 to create a new subsection (b), which forbids a cash converter from purchasing from any person any property which is known to the cash converter to be stolen, unless there is a written agreement with local or state police. Makes a violation of this provision punishable under the applicable North Carolina criminal statutes.
Makes other technical changes.
Intro. by Meredith |
AN ACT TO MAKE EFFECTIVE STATEWIDE A LOCAL ACT PROVIDING THAT A LIST OF THE E-MAIL ADDRESSES OF PERSONS SUBSCRIBING TO LOCAL GOVERNMENT E-MAIL LISTS IS OPEN TO PUBLIC INSPECTION BUT IS NOT REQUIRED TO BE PROVIDED, AND TO PROVIDE THAT THE LOCAL GOVERNMENT MAY USE THAT LIST ONLY FOR THE PURPOSE THAT IT WAS SUBSCRIBED TO. Summarized in Daily Bulletin 3/2/11, 4/7/11, and 4/11/11. Enacted April 28, 2011. Effective April 28, 2011.
Intro. by Jenkins, Pate. |
Senate committee substitute makes the following changes to 1st edition.
Removes section amending GS 136-129, which concerned electronic billboards. Amends GS 136-133, which concerns required permits, to specify that the fee for outdoor advertising structures must not exceed a $150 (currently, $120) initial fee and a $90 annual renewal fee. Provides that $30 of each initial and annual fee will be used for highway beautification projects. Prohibits the use of additional funds from the Highway Trust Fund for vegetation replacement. Enacts new subsection (c) to GS 136-133, providing that no electrical utility permit will be denied to an outdoor advertising sign, as described, if the Department of Transportation (DOT) has issued a permit and the sign is valid and otherwise technically compliant. Amends proposed GS 136-133.1(a)(5), clarifying that the maximum cut or removal zone for vegetation for each sign face must meet certain specifications within city limits. Amends proposed GS 136-133.4(c), clarifying that DOT will determine traffic control signage (rather than the division roadside environmental engineer). Makes other clarifying and conforming changes, and makes a conforming change to the title.
Intro. by Brown. |
AN ACT ADOPTING THE HERRING FESTIVAL HELD IN THE TOWN OF JAMESVILLE AS THE OFFICIAL HERRING FESTIVAL OF THE STATE OF NORTH CAROLINA. Summarized in Daily Bulletin 3/9/11 and 4/13/11. Enacted April 28, 2011. Effective April 28, 2011.
Intro. by Jenkins. |
Senate committee substitute makes the following changes to 1st edition. Amends GS 15A-401(b) clarifying that an officer may arrest without a warrant any person the officer has probable cause to believe has committed a criminal offense or violated a pretrial release order entered under GS 15A-534 or GS 15A-534.1(a)(2) in the officer’s presence. Makes conforming changes to the bill title.
Intro. by East. |
Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Increases the appropriations from the General Fund and the Highway Fund to the State Health Plan Reserve as follows: $7,119,541 for 2011-12 and $102,151,104 for 2012-13 from the General Fund, and $332,245 for 2011-12 and $4,767,052 for 2012-13 from the Highway Fund. The State Health Plan for Teachers and State Employees may charge up to the listed monthly premiums for partially contributory coverage in 2011-12 and 2012-13 (deletes provisions allowing active members to participate in the Basic Plan at no cost). Specifies that premium rates for contributory coverage may increase by up to 5.3% (rather than 5.43%) in 2011-12 and by up to an additional 5.3% (rather than 5.43%) for 2012-13. Increases the copayment for generic prescriptions from $10 to $12. Changes employer contribution rates and amounts for 2011-13 with effective dates of July 1, 2011, and July 1, 2012. Makes conforming changes to provisions concerning noncontributory coverage.
Grants the State Treasurer authority to appoint an executive administrator, effective July 1, 2011 (was, effective when the act becomes law). Allows the State Treasurer to set a partially contributory rate of zero dollars, subject to approval by the Board of Trustees. Directs the State Treasurer and the Board of Trustees to: (1) examine the issue of moving to a calendar year, (2) find savings through wellness programs, Medicare Advantage plans, or other resources and use those savings to offer a premium-free option before July 1, 2013, and (3) strive to keep all premiums low by finding savings. Directs the State Health Plan to issue a Request for Proposals for a Medicare Advantage Plan before June 30, 2012.
Intro. by Apodaca. |
Senate committee substitute makes the following changes to 1st edition.
Amends GS 153A-340(b)(2), clarifying that a Got to be NC product produced on a farm subject to a conservation agreement also is a bona fide farm purpose. Makes other clarifying changes.
Amends GS 160A-360, clarifying in new subsection (k) that bona fide farm purposes is defined in GS 153A-340. Defines property as a single tract of property or an identifiable portion of a single tract. Provides that property located in a municipality’s extraterritorial jurisdiction that is used for bona fide farm purposes is exempt from compliance with the municipality’s zoning authority and building code enforcement. Provides that once such property ceases to be used for bona fide farm purposes, such property is subject to the municipality’s zoning authority and building code enforcement. Specifies that any of the following is sufficient evidence that property is being used for bona fide farm purposes:
(1) A farm sales tax exemption certificate issued by the Department of Revenue.
(2) A copy of the property tax listing showing that the property is eligible for participation in the present use value program under GS 105-277.3.
(3) A copy of the farm owner or operator’s Schedule F from the owner or operator’s most recent federal income tax return.
(4) A forest management plan.
(5) A Farm Identification Number issued by the United States Department of Agriculture Farm Service Agency.
Removes proposed GS 160A-58.29, which prohibited the annexation of land being used for bona fide farm purposes as defined in GS 153A-340 on the date of the resolution of intent to consider annexation, without the written consent of the owner or owners of the property.
Makes other technical changes, and makes a conforming change to the title.
Intro. by Jackson. |
Senate committee substitute makes the following changes to 1st edition. Amends GS 89G-1 by adding new definitions to the statute. Rewrites GS 89G-3 to clarify that the licensure exemption for any federal, state or local government performing irrigation construction or contracting work on public property only applies if the work is done by employees of those entities. Amends GS 89G-9(a) to clarify that any person who desires to continue to practice irrigation contracting or irrigation construction must apply for license renewal and submit the required fees. Enacts GS 89G-9(c) to increase the length of mandatory license suspension from 30 to 60 days for failure to obtain required continuing education units and makes a technical change. Amends GS 89G-10(a) by decreasing the reinstatement fee to $250 (previously $500). Makes other technical, organizational, and clarifying changes.
Intro. by Hartsell, Brown. |
AN ACT TO REPEAL THE REQUIREMENT THAT A PERSON OBTAIN A PERMIT TO RECEIVE, SELL, PURCHASE, OR OTHERWISE TRANSFER A CROSSBOW. Summarized in Daily Bulletin 3/23/11. Enacted April 28, 2011. Effective April 28, 2011.
Intro. by Brock, East, Newton. |
Senate committee substitute makes the following changes to 1st edition.
Adds a section, amending GS 122C-52(b), clarifying that, except as authorized, no individual with access to confidential information may disclose the information; however, a HIPAA covered entity or business associate receiving confidential information that has been disclosed under GS 122C-53 through 122C-56 may use and disclose the information as allowed under 45 CFR Part 164, Subpart E. Amends GS 122C-55(a6), clarifying that health care providers and other entities receiving confidential information that was disclosed under subsection (a6) may use and disclose the information as permitted or required under federal regulation (previously, permitted providers and entities receiving confidential information from DHHS’s Community Care of North Carolina Program or other primary care case management to use and disclose the information to conduct assessment and improvement activities or coordinate care, treatment, or habitation). Makes other conforming and clarifying changes.
Intro. by Stein. |
Senate committee substitute makes the following changes to 1st edition. Makes a clarifying change to GS 20-118(c). Makes act effective December 1, 2011 (was, October 1, 2011).
Intro. by Rabon, Tucker, Rouzer. |
Amends Senate Rule 41 to extend from May 12 to June 9 the crossover deadline for a bill to have been received from the House to be considered by the Senate during the 2011 or 2012 sessions.
Intro. by Apodaca. | SENATE RES |
The Daily Bulletin: 2011-04-28
The Daily Bulletin: 2011-04-28
Actions on Bills: 2011-04-28
H 8: EMINENT DOMAIN
H 98: BREWERIES TO SELL MALT BEVERAGES ON PREMISES.
H 116: COASTAL WETLAND RIPARIAN BUFFER GRANDFATHER (NEW).
H 129: LEVEL PLAYING FIELD/LOCAL GOV'T COMPETITION.
H 138: AMEND HEALTH INSURANCE RISK POOL STATUTES.
H 160: CHECK-OFF DONATION: BREAST CANCER SCREENING.
H 171: MUNICIPAL SELF-ANNEXATIONS.
H 173: STATE SHRIMP FESTIVAL-SNEADS FERRY.
H 197: SCHOOL CALENDAR FLEXIBILITY/INCLEMENT WEATHER.
H 200: APPROPRIATIONS ACT OF 2011.
H 270: AMEND CONDITIONS OF PROBATION.
H 306: TRANSFER GSC/REVISOR OF STATUTES TO GA (NEW).
H 316: MODIFY NCGA POLICE POWERS (NEW).
H 317: NC FAMILY & CONSUMER SERVICES 100TH.
H 332: CLARIFY DEVELOPMENT MORATORIA AUTHORITY.
H 333: ADOPT OFFICIAL STATE SPORT.
H 336: AMEND WEIGHT REQUIREMENTS-CERTAIN VEHICLES.
H 422: FEDERAL RAIL MONEY/REPORT, CONSULT, APPROVE (NEW).
H 423: CH. PROTECT. SERV./CH. CARE SUB./RENT EXEMPT (NEW).
H 451: DWLR PENALTIES INCREASED/ VEHICLE SEIZURES.
H 468: AMEND WEIGHT LIMITS FOR FARM PRODUCTS.
H 474: PROTECT ADULT CARE HOME RESIDENTS.
H 483: DNA SAMPLES/ADDITIONAL FELONIES.
H 497: CLARIFY DEFINITION OF GENERAL CONTRACTOR.
H 509: EXCLUSIONS FROM LICENSURE: HOME SERVICES.
H 578: STATE HEALTH PLAN/ADDITIONAL CHANGES (NEW).
H 598: NC HIGHWAY 54 CORRIDOR STUDY
H 619: FORCED COMBINATIONS (NEW).
H 629: SUBSTANCE ABUSE TREATMENT.
H 667: HONOR GORDON P. ALLEN SR.
H 714: LEGAL SERVICES.
H 736: AMEND LAW RE: SCHOOL DISCIPLINE.
H 769: HIGH SCHOOL TO WORK PARTNERSHIP.
H 779: ELECTRONIC RECORDING/CUSTODIAL INTERROGATIONS.
H 806: ZONING ST. OF LIMIT./AG. DIST. CHANGE.
H 808: REVISE LAWS ON ADULT CARE HOMES.
H 819: COASTAL MANAGEMENT POLICIES (NEW).
H 829: STREAMLINE EDUCATION PLANNING RESPONSIBILITY.
H 852: LMT PJCS/B1, B2, C, D, OR E FELONIES (NEW).
H 872: SMART GRID JOB CREATION AND RETENTION ACT.
H 873: AMEND JORDAN LAKE RESERVOIR H20 QUALITY RULES.
H 874: INDEPENDENT ENERGY EFFICIENCY ADMINISTRATOR.
H 875: EXTEND CROSSOVER/LIFT RESOLUTION DEADLINE.
S 49: INCREASE FINE FOR SPEEDING/SCHOOL ZONES.
S 60: LUPUS AWARENESS MONTH.
S 75: PROMOTE ELECTRICITY DEMAND REDUCTION.
S 105: INCREASE PENALTIES/MURDER AND DWI DEATHS (NEW).
S 110: PERMIT TERMINAL GROINS.
S 125: REGIONAL SCHOOLS (NEW).
S 130: WINE DISTRIBUTION TERRITORIES.
S 137: ESTABLISH FORGIVABLE LOAN FUND.
S 144: CASH CONVERTERS MUST KEEP PURCHASE RECORDS.
S 182: STATEWIDE EMAIL SUBSCRIPTION LISTS (NEW).
S 183: SELECTIVE VEGETATION REMOVAL/STATE HIGHWAYS.
S 275: OFFICIAL HERRING FESTIVAL.
S 281: MUNICIPAL SERVICE DISTRICT/STREETS.
S 307: SMART CARD BIOMETRICS AGAINST MEDICAID FRAUD.
S 311: PRETRIAL RELEASE VIOLATION/ARREST (NEW).
S 323: STATE HLTH PLAN/APPROPRIATIONS AND TRANSFER II (NEW).
S 380: ETJ/DEFINITION OF BONA FIDE FARM PURPOSES (NEW).
S 401: ACH PILOT ON CRISIS INTERVENTION TRAINING.
S 405: AMEND IRRIGATION CONTRACTORS' LICENSING LAWS.
S 406: REPEAL CROSSBOW PURCHASE PERMIT REQUIREMENT.
S 421: GAST TRAINING PILOT.
S 450: DIRECT CARE WORKER WAGE AND BENEFIT STUDY.
S 464: DEBT REDUCTION ACT OF 2011.
S 495: DISTRICT COURT DIST. 25 RESIDENCY.
S 519: MEMO OF CONTRACT/DEEDS & DEEDS OF TRUST.
S 530: PROHIBIT INVOLUNTARY ANNEXATION OF FARMS.
S 607: CONFORM MEDICAL RECORD LAWS.
S 608: HEALTH CARE SHARING ORGANIZATIONS.
S 749: VARIOUS MOTOR VEHICLE LAW CHANGES (NEW).
S 750: OMNIBUS TRANSPORTATION ACT (NEW).
S 777: CROSSOVER DEADLINE.
Actions on Bills: 2011-04-28
H 310: KINSTON MAYORAL VETO.
H 403: CONTRIBUTING STRUCTURES (NEW).
H 471: BUNCOMBE COUNTY COMMISSION DISTRICTS.
H 546: ALTERNATIVE SALARY PLANS/CHARLOTTE-MECK. SCH.
H 561: NO DOT MEDIANS ON U.S. HIGHWAY 70.
S 776: CALENDAR FLEXIBILITY/GREENE COUNTY SCHOOLS.
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