House amendments make the following changes to 3rd edition. Amendment # 1 amends proposed subdivision GS 14-72(b)(6) to delete provision stating that convictions in which the court record shows that the defendant waived counsel are not included in the seven prior convictions required under the subdivision. Also provides that each conviction based on offenses that took place in separate counties counts as a separate prior conviction under the subdivision.
Amendment # 2 amends proposed subdivision GS 14-72(b)(6) to prohibit inclusion of a conviction in the seven prior convictions required under the subdivision unless the defendant (1) was represented by counsel, or (2) waived counsel at first appearance or otherwise prior to trial or plea.
The Daily Bulletin: 2011-05-16
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The Daily Bulletin: 2011-05-16
| Intro. by Crawford. |
House amendment makes the following changes to 2nd edition. Deletes previous amendment to GS 105-601(b) concerning local land transfer tax elections.
| Intro. by H. Warren, Cleveland, Brawley, Bradley. |
House committee substitute makes the following changes to 1st edition. Amends proposed GS 55A-16-24 to clarify that a corporation receiving any public grants or loans from a local government, the state, or the federal government must provide annual financial statements to any member of the public, and must provide the most recently completed and filed Internal Revenue Service Form 990, excepting information not required for public disclosure under federal law. Provides that in addition to maintaining these documents on its public website, a corporation may comply with these provisions by having such materials posted on a website established and maintained by another entity, as long as the entity does not charge a fee or require website registration to access the information.
| Intro. by Justice, Sager, Stevens, West. |
House committee substitute makes the following changes to 1st edition. Makes a technical change only.
| Intro. by Murry. |
House committee substitute makes the following changes to 1st edition. Amends GS 150B-51(c) to provide a new standard of review for a superior court reviewing a final decision in a contested case. Directs the court to determine if the decision is supported by substantial admissible evidence in the record. Allows the court to reverse the decision or remand the case to the administrative law judge or the agency, whichever is applicable, for entry of a decision in accordance with the evidence in the official record, if the court determines the decision is not supported by substantial evidence in the record (current standard of judicial review is de novo). Makes conforming changes to various applicable statutes. Repeals GS 126-4.1, 126-14.4(f), and 135-44.7(c). Changes effective date to January 1, 2012 (was, January 1, 2011), and applies to contested cases commenced on or after that date.
| Intro. by McCormick, Stevens, Cleveland, Glazier. |
House committee substitute makes the following changes to 1st edition. Amends proposed GS 58-71-122 to require that the contract for the transfer of a business by a licensed professional bondsman to another licensed professional bondsman must (1) include a list of the transferring bondsman's pending outstanding bail bond obligations (was, liabilities) and (2) be filed with the Commissioner of Insurance (was, must be filed with the Commissioner and with the clerk of superior court where the licensee has pending outstanding bail bond obligations). Provides that the bondsman making the transfer remains responsible for all outstanding bond obligations despite filing the contract with the Commissioner until there is a substitution of surety under GS 15A-538, relief from an individual obligation under GS 15A-534(h), or satisfaction of any final judgment of forfeiture that is entered on the bond obligation. Deletes amendment to GS 58-71-125, which made certain records involving bail bond runners in the possession of the Commissioner or any organization of which the Commissioner is a member confidential.
| Intro. by Randleman. |
House committee substitute makes the following changes to 1st edition. Amends proposed GS 14-45.42(b) to clarify that the statute does not apply if the owner or the person in legal possession of the real property being used for criminal street gang activity does not have actual knowledge that the property is being used for street gang activity, or if the owner is being coerced into allowing the property to be used for street gang activity (previously limited exception to actual knowledge). Amends GS 14-45.43(a) providing that a street gang that regularly engages (was, associates) in criminal street gang activities constitutes a public nuisance.
| Intro. by Faircloth. |
House amendment makes the following changes to 1st edition. Amends proposed GS 90-411.1(a), clarifying that a health care provider must furnish specified pathological materials and all other medical records of the patient in the provider's possession (was, any medical records that pertain to the pathological materials) upon receipt of written, notarized authorization from the patient. Makes a conforming change. Clarifies the definition of pathological materials, as used in GS 90-411.1(d)(2), to include the pathology report.
| Intro. by Steen, Murry, McComas. |
The Daily Bulletin: 2011-05-16
The Daily Bulletin: 2011-05-16
The Daily Bulletin: 2011-05-16
Actions on Bills: 2011-05-16
H 54: HABITUAL MISDEMEANOR LARCENY.
H 197: SCHOOL CALENDAR FLEXIBILITY/INCLEMENT WEATHER.
H 222: ELECTRIC VEHICLE INCENTIVES.
H 271: PROBATION OFFICER/NO CONCEALED CARRY REQUIRED.
H 366: SPECIAL ELECTION DATES.
H 406: VOLUNTARY AGRICULTURE DISTRICTS.
H 408: AMEND CRIMINAL DISCOVERY LAWS.
H 451: DWLR PENALTIES INCREASED/ VEHICLE SEIZURES.
H 474: PROTECT ADULT CARE HOME RESIDENTS.
H 484: TRANSFER EMERGENCY FORECLOSURE PROGRAM TO HFA.
H 493: LANDLORD TENANT LAW CHANGES.
H 514: UNIFORM MILITARY AND OVERSEAS VOTERS ACT.
H 572: ACCOUNTABILITY FOR PUBLICLY FUNDED NONPROFITS.
H 585: VEHICLE EMISSIONS INSPECTIONS (NEW).
H 594: FUNCTIONALLY EQUIVALENT WASTEWATER SYSTEMS.
H 597: UI/FIX AGGRIEVED PARTY DEFINITION.
H 623: ELIMINATE AGENCY FINAL DECISION AUTHORITY.
H 649: AMEND GROUNDS/LICENSE REVOCAT'N/BAIL BONDSMAN.
H 658: CHANGE EARLY VOTING PERIOD.
H 670: SODIUM RESOLUTION.
H 673: STREET GANG NUISANCE ABATEMENT.
H 713: PUBLIC CONTRACTS/MULTIPLE AWARD.
H 750: ASSCS.-STORMWATER RESP./SD & SEPT'G. RULES (NEW).
H 769: HIGH SCHOOL TO WORK PARTNERSHIP.
H 780: INNOCENCE COMMN/CASE FILES & EVIDENCE.
H 795: PATIENT ACCESS TO PATHOLOGICAL MATERIALS.
H 804: JOHNSTON MEMORIAL HOSPITAL NOT IN LGERS.
H 806: ZONING ST. OF LIMIT./AG. DIST. CHANGE.
H 845: ANNEXATION REFORM ACT OF 2011 (NEW).
S 170: CLARIFY NUISANCE ABATEMENT LAWS.
S 244: FIRE AND RESCUE/SURVIVOR'S BENEFIT.
S 300: MISCELLANEOUS SERVICE/PROCESS AMENDMENTS.
S 384: CONFORMING CHANGES/PERSONS W/DISABILITIES ACT.
S 428: SELECTIVE VEGETATION AMENDMENTS/W&S STUDY (NEW).
S 512: AUTHORIZE OVERNIGHT RESPITE PILOT (NEW).
S 513: ALLOW SAVINGS PROMOTION RAFFLES.
S 600: OUT-OF-STATE LAW ENFORCEMENT/SPECIAL EVENTS.
S 613: HUNTING & FISHING/ACTIVE DUTY MILITARY.
S 626: LRC TO STUDY FERRY TOLLS/JUV. JUSTICE REFORMS (NEW).
S 644: DSS ADOPTION ASSISTANCE AGREEMENTS BINDING.
S 648: AMEND LAW RE: SCHOOL DISCIPLINE.
S 661: AUDIT ROANOKE ISLAND COMMISSION AND FRIENDS (NEW).
S 749: VARIOUS MOTOR VEHICLE LAW CHANGES (NEW).
S 756: AMEND BAIL LAW/PRETRIAL RELEASE PROGRAMS.
Actions on Bills: 2011-05-16
H 193: TOPSAIL BEACH RECALL ELECTIONS.
H 194: TOPSAIL BEACH CHARTER AMENDMENT.
H 266: LOCAL ENERGY EFFICIENCY (NEW).
H 414: AMEND RUTHERFORD COUNTY OCCUPANCY TAX.
H 415: TOPSAIL BEACH/NAGS HEAD/LITTORAL RIGHTS (NEW).
H 516: MOUNT AIRY CHARTER AMENDMENTS.
H 523: CHANGE WINSTON-SALEM/FORSYTH ELECTION METHOD.
H 528: DUPLIN ELECTIONS.
H 565: MOREHEAD CITY/BEAUFORT BOUNDARY.
S 19: UNION FIRE FEE SUNSET REPEALED.
S 200: ALAMANCE/ORANGE 9% BOUNDARY.
S 201: ALAMANCE/ORANGE BOUNDARY.
S 288: ATLANTIC BEACH/BEAUFORT/PARKING.
S 431: FONTANA DAM INCORPORATED.
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