The Daily Bulletin: 2011-04-28

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The Daily Bulletin: 2011-04-28

PUBLIC/HOUSE BILLS
H 8 (2011-2012) EMINENT DOMAIN Filed Jan 26 2011, TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY TO CONVEY AN INTEREST IN THAT PROPERTY FOR ECONOMIC DEVELOPMENT AND TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES.

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.

Intro. by Stam, Lewis.
H 129 (2011-2012) LEVEL PLAYING FIELD/LOCAL GOV'T COMPETITION. Filed Feb 17 2011, TO PROTECT JOBS AND INVESTMENT BY REGULATING LOCAL GOVERNMENT COMPETITION WITH PRIVATE BUSINESS.

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.
H 138/SL 2011-58 (2011-2012) AMEND HEALTH INSURANCE RISK POOL STATUTES. Filed Feb 17 2011, TO AMEND THE HEALTH INSURANCE RISK POOL STATUTES.

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.
H 171/SL 2011-57 (2011-2012) MUNICIPAL SELF-ANNEXATIONS. Filed Feb 23 2011, TO RESTATE 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.

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.
H 332 (2011-2012) CLARIFY DEVELOPMENT MORATORIA AUTHORITY. Filed Mar 10 2011, CLARIFYING THAT A LOCAL GOVERNMENT MAY NOT IMPOSE A MORATORIUM ON DEVELOPMENT APPROVALS FOR THE PURPOSE OF DEVELOPING AND ADOPTING A NEW OR REVISED DEVELOPMENT ORDINANCE.

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.
H 451 (2011-2012) DWLR PENALTIES INCREASED/ VEHICLE SEIZURES. Filed Mar 23 2011, TO INCREASE THE PENALTIES FOR DRIVING WHILE LICENSE REVOKED BY SETTING MINIMUM FINES FOR THE INITIAL AND SUBSEQUENT CONVICTIONS, BY REQUIRING THE VEHICLES BEING OPERATED BY A DRIVER WHOSE LICENSE OR DRIVING PRIVILEGES ARE REVOKED AFTER TWO PRIOR CONVICTIONS FOR DRIVING WHILE LICENSE REVOKED TO BE SEIZED AND FORFEITED TO THE STATE, AND TO REQUIRE A MINIMUM TERM OF IMPRISONMENT OR IN THE ALTERNATIVE HOUSE ARREST FOR A THIRD OR SUBSEQUENT CONVICTION.

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.
H 474 (2011-2012) PROTECT ADULT CARE HOME RESIDENTS. Filed Mar 24 2011, TO PROTECT ADULT CARE HOME RESIDENTS BY INCREASING MINIMUM CONTINUING EDUCATION, TRAINING, AND COMPETENCY EVALUATION REQUIREMENTS FOR ADULT CARE HOME MEDICATION AIDES, STRENGTHENING ADULT CARE HOME INFECTION CONTROL REQUIREMENTS, AND REQUIRING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, TO ANNUALLY INSPECT ADULT CARE HOMES FOR COMPLIANCE WITH SAFE INFECTION CONTROL STANDARDS.

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.
H 736 (2011-2012) AMEND LAW RE: SCHOOL DISCIPLINE. Filed Apr 6 2011, TO REORGANIZE THE GENERAL STATUTES RELATING TO SCHOOL DISCIPLINE; PREVENT LITIGATION BY ADDING DEFINITIONS TO AND CLARIFYING AMBIGUITIES IN THE CURRENT LAW; CODIFY EXISTING CASE LAW; AND INCREASE LOCAL CONTROL AND FLEXIBILITY REGARDING DISCIPLINE.

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.
H 779 (2011-2012) ELECTRONIC RECORDING/CUSTODIAL INTERROGATIONS. Filed Apr 6 2011, TO AMEND THE LAW REGARDING ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS.

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.
H 808 (2011-2012) REVISE LAWS ON ADULT CARE HOMES. Filed Apr 6 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, TO WAIVE ANNUAL INSPECTIONS OF ADULT CARE HOMES THAT ACHIEVE THE HIGHEST RATING, AND TO DEVELOP AN INFORMAL DISPUTE RESOLUTION PROCEDURE THAT ALLOWS ADULT CARE HOMES TO DISPUTE CITED INSPECTION DEFICIENCIES.

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.
H 873 (2011-2012) AMEND JORDAN LAKE RESERVOIR H20 QUALITY RULES. Filed Apr 28 2011, TO AMEND THE JORDAN LAKE RESERVOIR WATER QUALITY RULES.

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

PUBLIC/SENATE BILLS
S 75/SL 2011-55 (2011-2012) PROMOTE ELECTRICITY DEMAND REDUCTION. Filed Feb 15 2011, TO PROMOTE THE USE OF ELECTRICITY DEMAND REDUCTION TO SATISFY RENEWABLE ENERGY PORTFOLIO STANDARDS.

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.
S 144 (2011-2012) CASH CONVERTERS MUST KEEP PURCHASE RECORDS. Filed Feb 24 2011, TO REQUIRE CASH CONVERTER BUSINESSES TO KEEP RECORDS OF PURCHASES AND TO MAKE THOSE RECORDS AVAILABLE TO LOCAL LAW ENFORCEMENT AGENCIES.

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
S 182/SL 2011-54 (2011-2012) STATEWIDE EMAIL SUBSCRIPTION LISTS (NEW). Filed Mar 2 2011, PROVIDING THAT A LIST OF E-MAIL ADDRESSES OF PERSONS SUBSCRIBING TO E-MAIL LISTS KEPT BY THE CITY OF GREENVILLE SHALL BE OPEN TO PUBLIC INSPECTION BUT THE CITY IS NOT REQUIRED TO PROVIDE A COPY OF THE LIST, AND PROVIDING THAT THE CITY MAY USE THE LIST ONLY FOR THE PURPOSES THAT IT WAS SUBSCRIBED TO.

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.
S 183 (2011-2012) SELECTIVE VEGETATION REMOVAL/STATE HIGHWAYS. Filed Mar 2 2011, TO ESTABLISH CERTAIN STATUTORY STANDARDS FOR SELECTIVE VEGETATION REMOVAL WITHIN THE RIGHTS-OF-WAY OF THE STATE HIGHWAY SYSTEM AND FOR THE ERECTION OF OUTDOOR ADVERTISING.

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.
S 275/SL 2011-59 (2011-2012) OFFICIAL HERRING FESTIVAL. Filed Mar 9 2011, ADOPTING THE HERRING FESTIVAL HELD IN THE TOWN OF JAMESVILLE AS THE OFFICIAL HERRING FESTIVAL OF THE STATE OF NORTH CAROLINA.

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.
S 311 (2011-2012) PRETRIAL RELEASE VIOLATION/ARREST (NEW). Filed Mar 9 2011, TO ALLOW WARRANTLESS ARREST FOR VIOLATION OF PRETRIAL RELEASE CONDITIONS WHEN THE VIOLATION OCCURS OUTSIDE THE PRESENCE OF THE OFFICER.

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.
S 323 (2011-2012) STATE HLTH PLAN/APPROPRIATIONS AND TRANSFER II (NEW). Filed Mar 10 2011, TO MAKE CHANGES IN THE INSURANCE LAWS TO PRIVATIZE ONLINE AND ADMINISTRATIVE PROCESSES FOR LICENSE APPLICANTS, ENSURE ACCURACY IN CERTIFICATES OF INSURANCE, REQUIRE PRIOR APPROVAL OF SMALL GROUP HEALTH INSURANCE RATES AND ENCOURAGE THE SALE OF CHILD-ONLY HEALTH INSURANCE POLICIES, AMEND THE RISK-BASED CAPITAL LAW TO MAINTAIN NAIC ACCREDITATION, PROVIDE AN EXEMPTION FOR LICENSING OF CLAIMS INPUT EMPLOYEES FOR PORTABLE ELECTRONIC DEVICES, PROHIBIT FEDERAL PREEMPTION OF CROP ADJUSTERS' REGULATION, AND EASE THE REGULATORY BURDEN ON THE ASSOCIATION AGGREGATE SECURITY SYSTEM.

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.
S 380 (2011-2012) ETJ/DEFINITION OF BONA FIDE FARM PURPOSES (NEW). Filed Mar 17 2011, TO EXEMPT FARMS FROM THE EXTRATERRITORIAL JURISDICTION OF MUNICIPALITIES TO CLARIFY THE DEFINITION OF "BONA FIDE FARM," AND TO PROHIBIT THE INVOLUNTARY ANNEXATION OF FARMS.

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.
S 405 (2011-2012) AMEND IRRIGATION CONTRACTORS' LICENSING LAWS. Filed Mar 23 2011, AMENDING THE LAWS REGULATING IRRIGATION CONTRACTORS TO PROVIDE SUBSTANTIVE REQUIREMENTS FOR LICENSING CORPORATIONS, TO PROVIDE FOR THE ISSUANCE OF LICENSES TO NONRESIDENTS, TO CLARIFY THE FEE STRUCTURE, AND TO MAKE OTHER CONFORMING CHANGES.

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.
S 406/SL 2011-56 (2011-2012) REPEAL CROSSBOW PURCHASE PERMIT REQUIREMENT. Filed Mar 23 2011, TO REPEAL THE REQUIREMENT THAT A PERSON OBTAIN A PERMIT TO RECEIVE, SELL, PURCHASE, OR OTHERWISE TRANSFER A CROSSBOW.

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.
S 607 (2011-2012) CONFORM MEDICAL RECORD LAWS. Filed Apr 14 2011, TO CONFORM MEDICAL RECORD CONFIDENTIALITY LAWS.

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.
S 749 (2011-2012) VARIOUS MOTOR VEHICLE LAW CHANGES (NEW). Filed Apr 19 2011, TO PROVIDE FOR INCREASED TRANSPORTATION EFFICIENCY FOR BRINGING AGRICULTURAL PRODUCTS TO A MARKETPLACE BY MODIFYING THE TYPES OF ITEMS THAT MAY BE TRANSPORTED BY A FARMER WITHOUT HAVING TO PAY A REGISTRATION FEE FOR A TRAILER OR SEMITRAILER; TO MODIFY THE REGISTRATION REQUIREMENTS FOR PROPERTY HAULING VEHICLES TO ENSURE THEY ARE REGISTERED FOR THE MAXIMUM WEIGHT ALLOWABLE FOR THE VEHICLE BEING OPERATED; AND TO MODIFY THE EXCEPTIONS TO THE MAXIMUM WEIGHT ALLOWED ON LIGHT ROADS FOR A PERSON TRANSPORTING AGRICULTURAL PRODUCTS AND RESIDUALS.

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.
S 777 (2011-2012) CROSSOVER DEADLINE. Filed Apr 28 2011, TO AMEND THE PERMANENT RULES OF THE SENATE TO CHANGE THE CROSSOVER DEADLINE.

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

Actions on Bills: 2011-04-28

PUBLIC BILLS

H 8: EMINENT DOMAIN

    House: Amend Adopted 1
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 98: BREWERIES TO SELL MALT BEVERAGES ON PREMISES.

    House: Passed 2nd Reading

H 116: COASTAL WETLAND RIPARIAN BUFFER GRANDFATHER (NEW).

    House: Withdrawn From Cal
    House: Re-ref Com On Environment

H 129: LEVEL PLAYING FIELD/LOCAL GOV'T COMPETITION.

    Senate: Amend Adopted 1
    Senate: Amend Failed 2
    Senate: Amendment Withdrawn 3
    Senate: Amend Adopted 4
    Senate: Amendment Withdrawn 5
    Senate: Amend Tabled 6
    Senate: Amend Tabled 7
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 5/2/2011

H 138: AMEND HEALTH INSURANCE RISK POOL STATUTES.

    Signed By Gov. 4/28/2011
    Ch. SL 2011-58

H 160: CHECK-OFF DONATION: BREAST CANCER SCREENING.

    House: Passed 3rd Reading
    House: Ordered Engrossed

H 171: MUNICIPAL SELF-ANNEXATIONS.

    Signed By Gov. 4/28/2011
    Ch. SL 2011-57

H 173: STATE SHRIMP FESTIVAL-SNEADS FERRY.

    Senate: Passed 2nd & 3rd Reading

H 197: SCHOOL CALENDAR FLEXIBILITY/INCLEMENT WEATHER.

    House: Passed 2nd & 3rd Reading

H 200: APPROPRIATIONS ACT OF 2011.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)

H 270: AMEND CONDITIONS OF PROBATION.

    House: Concurred In S/Com Sub

H 306: TRANSFER GSC/REVISOR OF STATUTES TO GA (NEW).

    House: Passed 2nd & 3rd Reading

H 316: MODIFY NCGA POLICE POWERS (NEW).

    House: Concurred In S/Com Sub

H 317: NC FAMILY & CONSUMER SERVICES 100TH.

    House: Withdrawn From Com
    House: Placed On Cal For 5/2/2011

H 332: CLARIFY DEVELOPMENT MORATORIA AUTHORITY.

    House: Amend Adopted 1
    House: Passed 2nd & 3rd Reading
    House: Ordered Engrossed

H 333: ADOPT OFFICIAL STATE SPORT.

    House: Postponed To 5/5/2011

H 336: AMEND WEIGHT REQUIREMENTS-CERTAIN VEHICLES.

    House: Concurred In S/Com Sub

H 422: FEDERAL RAIL MONEY/REPORT, CONSULT, APPROVE (NEW).

    House: Passed 3rd Reading
    House: Ordered Engrossed

H 423: CH. PROTECT. SERV./CH. CARE SUB./RENT EXEMPT (NEW).

    House: Withdrawn From Cal
    House: Re-ref Com On Health and Human Services

H 451: DWLR PENALTIES INCREASED/ VEHICLE SEIZURES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations

H 468: AMEND WEIGHT LIMITS FOR FARM PRODUCTS.

    House: Passed 2nd & 3rd Reading

H 474: PROTECT ADULT CARE HOME RESIDENTS.

    House: Amend Adopted 1
    House: Passed 2nd & 3rd Reading
    House: Ordered Engrossed

H 483: DNA SAMPLES/ADDITIONAL FELONIES.

    House: Withdrawn From Cal
    House: Fiscal Note Requested

H 497: CLARIFY DEFINITION OF GENERAL CONTRACTOR.

    House: Postponed To 5/5/2011

H 509: EXCLUSIONS FROM LICENSURE: HOME SERVICES.

    House: Passed 2nd & 3rd Reading

H 578: STATE HEALTH PLAN/ADDITIONAL CHANGES (NEW).

    House: Passed 2nd & 3rd Reading

H 598: NC HIGHWAY 54 CORRIDOR STUDY

    House: Passed 2nd & 3rd Reading

H 619: FORCED COMBINATIONS (NEW).

    House: Serial Referral to Finance added

H 629: SUBSTANCE ABUSE TREATMENT.

    House: Passed 2nd & 3rd Reading

H 667: HONOR GORDON P. ALLEN SR.

    House: Withdrawn From Com
    House: Placed On Cal For 5/2/2011

H 714: LEGAL SERVICES.

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary

H 736: AMEND LAW RE: SCHOOL DISCIPLINE.

    House: Amend Adopted 1
    House: Amend Adopted 2
    House: Passed 2nd & 3rd Reading
    House: Ordered Engrossed

H 769: HIGH SCHOOL TO WORK PARTNERSHIP.

    House: Passed 2nd & 3rd Reading

H 779: ELECTRONIC RECORDING/CUSTODIAL INTERROGATIONS.

    House: Amend Adopted 1
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 806: ZONING ST. OF LIMIT./AG. DIST. CHANGE.

    House: Postponed To 5/5/2011

H 808: REVISE LAWS ON ADULT CARE HOMES.

    House: Com Amend Adopted 1
    House: Passed 2nd Reading

H 819: COASTAL MANAGEMENT POLICIES (NEW).

    House: Passed 2nd & 3rd Reading

H 829: STREAMLINE EDUCATION PLANNING RESPONSIBILITY.

    House: Passed 2nd & 3rd Reading

H 852: LMT PJCS/B1, B2, C, D, OR E FELONIES (NEW).

    House: Passed 2nd & 3rd Reading

H 872: SMART GRID JOB CREATION AND RETENTION ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Public Utilities, if favorable, Finance

H 873: AMEND JORDAN LAKE RESERVOIR H20 QUALITY RULES.

    House: Filed

H 874: INDEPENDENT ENERGY EFFICIENCY ADMINISTRATOR.

    House: Filed

H 875: EXTEND CROSSOVER/LIFT RESOLUTION DEADLINE.

    House: Pursuant to Rule 58

S 49: INCREASE FINE FOR SPEEDING/SCHOOL ZONES.

    House: Conf Report Adopted
    Senate: Conf Report Adopted

S 60: LUPUS AWARENESS MONTH.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 75: PROMOTE ELECTRICITY DEMAND REDUCTION.

    Signed By Gov. 4/28/2011
    Ch. SL 2011-55

S 105: INCREASE PENALTIES/MURDER AND DWI DEATHS (NEW).

    House: Passed 2nd & 3rd Reading

S 110: PERMIT TERMINAL GROINS.

    Senate: Failed Concur In Com Sub
    Senate: Conf Com Appointed

S 125: REGIONAL SCHOOLS (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Finance

S 130: WINE DISTRIBUTION TERRITORIES.

    House: Passed 2nd & 3rd Reading

S 137: ESTABLISH FORGIVABLE LOAN FUND.

    House: Passed 2nd & 3rd Reading

S 144: CASH CONVERTERS MUST KEEP PURCHASE RECORDS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance
    Senate: Withdrawn From Com
    Senate: Placed On Cal For 5/2/2011

S 182: STATEWIDE EMAIL SUBSCRIPTION LISTS (NEW).

    Signed By Gov. 4/28/2011
    Ch. SL 2011-54

S 183: SELECTIVE VEGETATION REMOVAL/STATE HIGHWAYS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

S 275: OFFICIAL HERRING FESTIVAL.

    Signed By Gov. 4/28/2011
    Ch. SL 2011-59

S 281: MUNICIPAL SERVICE DISTRICT/STREETS.

    House: Passed 2nd Reading

S 307: SMART CARD BIOMETRICS AGAINST MEDICAID FRAUD.

    House: Passed 1st Reading
    House: Ref To Com On Health and Human Services

S 311: PRETRIAL RELEASE VIOLATION/ARREST (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 323: STATE HLTH PLAN/APPROPRIATIONS AND TRANSFER II (NEW).

    Senate: Conf Com Reported
    Senate: Placed On Cal For 4/28/2011
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 5/2/2011

S 380: ETJ/DEFINITION OF BONA FIDE FARM PURPOSES (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 401: ACH PILOT ON CRISIS INTERVENTION TRAINING.

    Senate: Passed 2nd & 3rd Reading

S 405: AMEND IRRIGATION CONTRACTORS' LICENSING LAWS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

S 406: REPEAL CROSSBOW PURCHASE PERMIT REQUIREMENT.

    Signed By Gov. 4/28/2011
    Ch. SL 2011-56

S 421: GAST TRAINING PILOT.

    Senate: Passed 2nd & 3rd Reading

S 450: DIRECT CARE WORKER WAGE AND BENEFIT STUDY.

    House: Passed 1st Reading
    House: Ref To Com On Health and Human Services

S 464: DEBT REDUCTION ACT OF 2011.

    House: Passed 2nd & 3rd Reading

S 495: DISTRICT COURT DIST. 25 RESIDENCY.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Rules and Operations of the Senate

S 519: MEMO OF CONTRACT/DEEDS & DEEDS OF TRUST.

    Senate: Reptd Fav

S 530: PROHIBIT INVOLUNTARY ANNEXATION OF FARMS.

    Senate: Passed 2nd & 3rd Reading

S 607: CONFORM MEDICAL RECORD LAWS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 608: HEALTH CARE SHARING ORGANIZATIONS.

    Senate: Passed 2nd & 3rd Reading

S 749: VARIOUS MOTOR VEHICLE LAW CHANGES (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

S 750: OMNIBUS TRANSPORTATION ACT (NEW).

    Senate: Reptd Fav

S 777: CROSSOVER DEADLINE.

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Placed On Cal For 4/28/2011
    Senate: Adopted

Actions on Bills: 2011-04-28

LOCAL BILLS

H 310: KINSTON MAYORAL VETO.

    Senate: Passed 2nd & 3rd Reading

H 403: CONTRIBUTING STRUCTURES (NEW).

    House: Passed 2nd & 3rd Reading

H 471: BUNCOMBE COUNTY COMMISSION DISTRICTS.

    House: Postponed To 5/2/2011

H 546: ALTERNATIVE SALARY PLANS/CHARLOTTE-MECK. SCH.

    House: Passed 2nd & 3rd Reading

H 561: NO DOT MEDIANS ON U.S. HIGHWAY 70.

    House: Passed 2nd & 3rd Reading

S 776: CALENDAR FLEXIBILITY/GREENE COUNTY SCHOOLS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Education/Higher Education

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