The Daily Bulletin: 2011-05-09

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The Daily Bulletin: 2011-05-09

PUBLIC/HOUSE BILLS
H 348 (2011-2012) OFFENDERS/NO ACCESS TO PERSONNEL RECORDS. Filed Mar 14 2011, TO PROVIDE THAT OFFENDERS ARE PROHIBITED FROM OBTAINING PUBLIC EMPLOYEES’ PERSONNEL RECORDS, TO PROVIDE CRIMINAL PENALTIES FOR PROVIDING SUCH PROHIBITED INFORMATION TO OFFENDERS, AND TO MAKE IT A MISDEMEANOR FOR OFFENDERS TO POSSESS SUCH INFORMATION.

House committee substitute makes the following changes to 1st edition. Adds language in various sections of the bill to qualify that the prohibition to access of certain public records, as provided by the bill, is contingent on the absence of a court order authorizing access to, custody, or possession of such records.

Intro. by Randleman.
H 379 (2011-2012) UNIFORM DEPOSITIONS AND DISCOVERY ACT. Filed Mar 16 2011, TO ENACT THE NORTH CAROLINA INTERSTATE DEPOSITIONS AND DISCOVERY ACT AND TO MAKE CONFORMING AMENDMENTS TO THE NORTH CAROLINA RULES OF CIVIL PROCEDURE.

House committee substitute makes the following changes to 1st edition. Adds additional language to proposed GS 1F-3(b) directing the clerk to also promptly open an appropriate court file, assign a file number, and collect the applicable filing fee pursuant to GS 7A-305(a)(2), when a party submits a foreign subpoena. Amends GS 1A-1(f)(2)d., Rule 45, by requiring specified motions be immediately placed on the calendar for a hearing within 20 days before the court in which the action is pending where the commission is to be issued (was, required the motion be placed on the next available calendar). Amends GS 1A-1(f)(3) by adding a new subsection directing the commission, in addition to any terms required by the foreign jurisdiction to initiate the process of obtaining discovery, to also attach a copy of any case management order, discovery order, local rule, or other rule or order establishing any discovery deadlines in the North Carolina action. Clarifies that the act is effective December 1, 2011, and applies to all cases then pending or filed on or after that date.

Intro. by Glazier, Rhyne, Ross, McGrady.
H 380 (2011-2012) AMEND RCP/ELECTRONICALLY STORED INFORMATION. Filed Mar 16 2011, TO CLARIFY THE PROCEDURE FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND TO MAKE CONFORMING CHANGES TO THE NORTH CAROLINA RULES OF CIVIL PROCEDURE.

House committee substitute makes the following changes to 1st edition. Rewrites GS 1A-1, Rule 26, to clarify the phrase ‘electronically stored information’ does not include other metadata unless the parties agree otherwise or the court orders otherwise upon motion of a party and a showing of good cause for the production of certain metadata. Rewrites GS 1A-1, Rule 33(c), by specifying that electronically stored information is included in the term “business record.” Directs the Revisor of Statutes to print, as annotations to the published General Statutes, all explanatory comments of the drafters of the act, the North Carolina Bar Association Litigation Section E-Discovery Committee, as the Revisor deems appropriate. Makes other technical and clarifying changes. Clarifies that the act is effective October 1, 2011, and applies to actions filed on or after that date.

Intro. by Glazier, T. Moore, Ross.
H 388 (2011-2012) RECLAIMED WATER CROSS-CONNECTION CONTROL (NEW). Filed Mar 16 2011, TO PREVENT THE RECLAIMED WATER RULES ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION FROM BECOMING EFFECTIVE.

House committee substitute makes the following changes to 1st edition. Deletes all provisions of the first edition and replaces it with AN ACT TO ALLOW THE USE OF DIRECT CROSS-CONNECTIONS BETWEEN RECLAIMED WATER AND POTABLE WATER SYSTEMS WHEN SUCH DIRECT CROSS-CONNECTIONS HAVE BEEN PREVIOUSLY APPROVED BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES. Provides for no direct cross-connections between the reclaimed water and potable water systems, unless such connections have been approved by the Department of Environment and Natural Resources pursuant to 15A NCAC 18C .0406 before the effective date of this act. Directs the Environmental Management Commission to adopt a rule to replace Design Criteria for Distribution Lines Rule 15A NCAC 02U .0403, as specified. Defines terms used in the act.

Intro. by Committee on Rules, Calendar, and Operations of the House.
H 407/SL 2011-68 (2011-2012) MODIFY ATV HELMET USE REQUIREMENTS. Filed Mar 17 2011, TO MODIFY THE REQUIREMENT THAT A PERSON WHO IS EIGHTEEN YEARS OLD OR OLDER WEAR A HELMET WHILE OPERATING AN ALL-TERRAIN VEHICLE.

AN ACT TO MODIFY THE REQUIREMENT THAT A PERSON WHO IS EIGHTEEN YEARS OLD OR OLDER WEAR A HELMET WHILE OPERATING AN ALL-TERRAIN VEHICLE. Summarized in Daily Bulletin 3/17/11 and 3/22/11. Enacted May 6, 2011. Effective October 1, 2011.

Intro. by T. Moore, LaRoque.
H 411 (2011-2012) IREDELL CORRECTIONAL FACILITY/DOT STORAGE. Filed Mar 18 2011, TO PROVIDE THAT THE IREDELL COUNTY SHERIFF MAY LEASE THE FORMER IREDELL CORRECTIONAL FACILITY FROM THE DEPARTMENT OF TRANSPORTATION FOR ONE DOLLAR UPON THE PAYMENT OF SEVENTY FIVE THOUSAND DOLLARS BY THE IREDELL COUNTY SHERIFF TO THE DEPARTMENT OF TRANSPORTATION FOR THE RENOVATION OF THE NEWTON STORAGE FACILITY FOR THE DEPARTMENT OF TRANSPORTATION.

House committee substitute makes the following changes to 1st edition. Adds additional language providing that the lease of certain buildings from the Department of Transportation to the Iredell County Sheriff is for $1 a year for 30 years. Makes a confirming change to the title.

Intro. by Howard.Iredell
H 643 (2011-2012) EXEMPT CCPCUA FROM IBT REQUIREMENTS. Filed Apr 5 2011, TO EXEMPT TRANSFERS OF WATER IN THE CENTRAL COASTAL PLAIN CAPACITY USE AREA FROM INTERBASIN TRANSFER CERTIFICATION REQUIREMENTS.

House committee substitute makes the following changes to 1st edition. Clarifies that Section 1 of the act will expire if the cumulative volume of interbasin transfers in the CCPCUA, initiated on or after August 31, 2007, by any person without a certificate for an interbasin transfer on or before the effective date of the act, exceeds 8 million gallons per day (previously 30 million). Makes a clarifying change, and makes a conforming change to the title.

Intro. by LaRoque, McLawhorn, Wainwright.

The Daily Bulletin: 2011-05-09

PUBLIC/SENATE BILLS
S 778 (2011-2012) CONFIRM EDWARD FINLEY TO UTILITIES COMMISSION. Filed May 5 2011, PROVIDING FOR THE CONFIRMATION OF THE APPOINTMENT OF EDWARD S. FINLEY, JR., TO THE UTILITIES COMMISSION.

As title indicates. Provides for a term beginning July 1, 2011, and expiring June 30, 2019.

Intro. by Brown.JOINT RES

The Daily Bulletin: 2011-05-09

LOCAL/HOUSE BILLS
H 150 (2011-2012) GREENSBORO CHARTER AMENDMENTS (NEW). Filed Feb 21 2011, TO UPDATE THE STATE AUDITOR'S STATUTE IN ORDER TO STANDARDIZE AUDITEE RESPONSE TIMES, CLARIFY THE TIMING OF WHEN THE STATE AUDITOR CAN REFER INFORMATION TO APPROPRIATE AUTHORITIES, CLARIFY THE FACT THAT NO UPDATES ARE REQUIRED TO BE GIVEN ON FRAUD INVESTIGATIONS, UPDATE DESCRIPTION OF AUDITOR ACCESS PER CHANGES IN TECHNOLOGY, AND REMOVING THE STATE AUDITOR FROM AN EX OFFICIO DUTY.

House committee substitute makes the following changes to 1st edition. Deletes the first edition and replaces it with AN ACT AMENDING THE CHARTER OF THE CITY OF GREENSBORO. Amends SL 1959-1137, the Greensboro City Charter, to direct the city council to (1) appoint the city attorney to serve at the council’s pleasure and (2) decide on the compensation to be paid to the city attorney. Amends the catch line to reflect the change in content of the Section. Effective December 1, 2011.
Clarifies that a duly adopted ordinance by the City Council is required in order for a contract for the performance of service to be approved, awarded, and executed by the City Manager on behalf of the city. Effective when it becomes law except as otherwise indicated.

Intro. by L. Brown.Guilford
H 214 (2011-2012) ALAMANCE/ORANGE BOUNDARY. Filed Mar 2 2011, TO ESTABLISH THE COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY SUBSEQUENT TO THE 2010/2011 RESURVEYS OF THE TRANSITIONED PROPERTIES AS AUTHORIZED BY THE NORTH CAROLINA GENERAL ASSEMBLY BY SESSION LAW 2010-61 ENABLING THE CHANGES IN THE HISTORIC ORANGE COUNTY/ALAMANCE COUNTY BOUNDARY LINE AS DESCRIBED IN THE 1849 SURVEY ESTABLISHING ALAMANCE COUNTY, AND TO AMEND SOME SECTIONS OF SESSION LAW 2010-61.

House committee substitute makes the following changes to 1st edition.
Makes technical corrections only.

Intro. by Ingle, Bordsen, Insko, Faison.Alamance, Orange
H 435 (2011-2012) MECKLENBURG ENERGY EFFICIENCY/RENEWABLE. Filed Mar 23 2011, TO ALLOW MECKLENBURG COUNTY TO USE THE PROCUREMENT PROCESS PROVIDED IN THIS ACT WHEN LETTING CONTRACTS AUTHORIZED BY ITS BOARD OF COMMISSIONERS TO INCREASE ENERGY EFFICIENCY, AND TO AUTHORIZE THAT COUNTY TO ENTER INTO LEASES FOR THE SITING AND OPERATION OF RENEWABLE ENERGY FACILITIES FOR TWENTY YEARS WITHOUT TREATING IT AS A SALE AND WITHOUT GIVING NOTICE BY PUBLICATION.

House committee substitute makes the following changes to 1st edition. Rewrites Section 3 of SL 2009-149, as amended, to make a conforming change adding Mecklenburg County to the counties and cities to which the provisions of GS 160A-272 apply (authorizing a city or county to approve a lease for siting or operating a renewable energy facility for up to 20 years without treating the lease as a sale or providing notice of publication of the intended lease).

Intro. by Samuelson, Cotham.Mecklenburg

The Daily Bulletin: 2011-05-09

ACTIONS ON BILLS

Actions on Bills: 2011-05-09

PUBLIC BILLS

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

    Ratified

H 348: OFFENDERS/NO ACCESS TO PERSONNEL RECORDS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/10/2011

H 379: UNIFORM DEPOSITIONS AND DISCOVERY ACT.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/10/2011

H 380: AMEND RCP/ELECTRONICALLY STORED INFORMATION.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/10/2011

H 388: RECLAIMED WATER CROSS-CONNECTION CONTROL (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/10/2011

H 411: IREDELL CORRECTIONAL FACILITY/DOT STORAGE.

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

H 483: DNA SAMPLES/ADDITIONAL FELONIES.

    House: Passed 3rd Reading
    House: Ordered Engrossed

H 493: LANDLORD TENANT LAW CHANGES.

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

H 643: EXEMPT CCPCUA FROM IBT REQUIREMENTS.

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

H 692: INCREASE PAYMENT OF UNCLAIMED PROPERTY CLAIMS.

    House: Passed 2nd & 3rd Reading

H 737: STRENGTHEN CHILD SAFETY LAWS/CARE FACILTIES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)

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

    House: Postponed To 5/11/2011

H 898: GASTON EAST CAMPUS & TEXTILE TECH CTR FUNDS.

    House: Withdrawn From Com
    House: Ref to the Com on Education, if favorable, Appropriations

S 135: ALLOW JUVENILE RECORD/RISK DETERMINATION/BOND.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee B

S 212: CEMETERIES/SURVEY STAMP.

    House: Passed 2nd Reading

S 215: STATE TREASURER'S INVESTMENTS.

    House: Passed 1st Reading
    House: Ref To Com On State Personnel

S 229: AMEND ENVIRONMENTAL LAWS 2012 (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Appropriations

S 247: ELIMINATE MEANS TEST FROM 529 DEDUCTION.

    House: Passed 1st Reading
    House: Ref To Com On Finance

S 321: SURPLUS LINES/PREMIUM TAX.

    House: Passed 1st Reading
    House: Ref To Com On Insurance

S 407: TRUSTS AND ESTATE PLANNING CHANGES.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee A

S 521: RULE IN DUMPOR'S CASE/BROKER PRICE OPINIONS (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee A

S 586: MOTION HEARINGS IN MULTICOUNTY DIST./RCP 7.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee A

S 620: CLARIFY USE OF POSITION.

    House: Passed 1st Reading
    House: Ref To Com On Government

S 778: CONFIRM EDWARD FINLEY TO UTILITIES COMMISSION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce

Actions on Bills: 2011-05-09

LOCAL BILLS

H 150: GREENSBORO CHARTER AMENDMENTS (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/10/2011

H 207: LOCAL DEVELOPMENT FOR WINSTON-SALEM.

    House: Passed 2nd & 3rd Reading

H 208: ACQUIRING BY RIGHT-CONDEMNATION OF PROPERTY.

    House: Passed 2nd Reading

H 214: ALAMANCE/ORANGE BOUNDARY.

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

H 352: DELAY KANNAPOLIS ANNEXATION.

    House: Passed 2nd & 3rd Reading

H 371: WINSTON-SALEM/INFORMAL BIDS ELECTRONICALLY.

    House: Passed 2nd & 3rd Reading

H 435: MECKLENBURG ENERGY EFFICIENCY/RENEWABLE.

    House: Reptd Fav Com Substitute
    House: Serial Referral to Finance Stricken
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/10/2011

H 510: REIDSVILLE ELECTIONS.

    House: Passed 2nd & 3rd Reading

H 532: GRAHAM COUNTY/CEMETERY TAX BY GENERAL LAW.

    House: Passed 2nd Reading

H 558: FORSYTH/WINSTON-SALEM ZONING AMENDMENTS.

    House: Passed 2nd & 3rd Reading

S 269: HILLSBOROUGH OCCUPANCY TAX.

    House: Passed 2nd Reading

S 295: MARSHVILLE CHARTER CONSOLIDATION.

    House: Passed 2nd Reading

S 297: DURHAM/SMALL BUSINESS ENTERPRISE.

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

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