The Daily Bulletin: 2011-05-16

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The Daily Bulletin: 2011-05-16

PUBLIC/HOUSE BILLS
H 54 (2011-2012) HABITUAL MISDEMEANOR LARCENY. Filed Feb 8 2011, TO CREATE THE STATUS OFFENSE OF HABITUAL MISDEMEANOR LARCENY.

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.

Intro. by Crawford.
H 366 (2011-2012) SPECIAL ELECTION DATES. Filed Mar 15 2011, TO PROVIDE THAT EXCEPT IN THE CASE OF AN EMERGENCY COUNTY SPECIAL ELECTIONS MAY BE HELD ONLY ON THE DATE OF THE GENERAL ELECTION AND MUNICIPAL SPECIAL ELECTIONS MAY BE HELD ONLY ON THE DATE OF THE GENERAL ELECTION OR THE DATE OF THE MUNICIPAL GENERAL ELECTION.

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.
H 572 (2011-2012) ACCOUNTABILITY FOR PUBLICLY FUNDED NONPROFITS. Filed Mar 30 2011, TO PROVIDE GREATER ACCOUNTABILITY FOR NONPROFIT ENTITIES THAT RECEIVE PUBLIC FUNDING.

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.
H 597 (2011-2012) UI/FIX AGGRIEVED PARTY DEFINITION. Filed Apr 4 2011, TO PROVIDE THAT AN INDIVIDUAL WHO HAS BEEN AWARDED UNEMPLOYMENT INSURANCE BENEFITS BY THE EMPLOYMENT SECURITY COMMISSION, BUT DOES NOT RECEIVE THOSE BENEFITS AS THE RESULT OF AN ACT OR OMISSION OF THE COMMISSION, IS DEEMED AN AGGRIEVED PARTY FOR THE PURPOSES OF JUDICIAL REVIEW WITHOUT THE REQUIREMENT TO EXHAUST ADMINISTRATIVE REMEDIES.

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

Intro. by Murry.
H 623 (2011-2012) ELIMINATE AGENCY FINAL DECISION AUTHORITY. Filed Apr 5 2011, TO MODIFY THE PROCEDURES CONCERNING FINAL ADMINISTRATIVE DECISIONS IN CONTESTED CASES HEARD BY THE OFFICE OF ADMINISTRATIVE HEARINGS.

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.
H 649 (2011-2012) AMEND GROUNDS/LICENSE REVOCAT'N/BAIL BONDSMAN. Filed Apr 5 2011, TO AMEND THE LAWS PERTAINING TO GROUNDS FOR REVOCATION OF LICENSURE UNDER THE LAWS REGULATING BAIL BONDSMAN.

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.
H 673 (2011-2012) STREET GANG NUISANCE ABATEMENT. Filed Apr 6 2011, TO PROVIDE THAT INDIVIDUALS ENGAGED IN A PATTERN OF STREET GANG ACTIVITY ARE SUBJECT TO INJUNCTIONS AS NUISANCES PURSUANT TO CHAPTER 19 OF THE GENERAL STATUTES.

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.
H 795 (2011-2012) PATIENT ACCESS TO PATHOLOGICAL MATERIALS. Filed Apr 6 2011, TO REQUIRE HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES TO RELEASE PATHOLOGICAL MATERIALS AND RECORDS TO PATIENTS OR THEIR DESIGNATED REPRESENTATIVES, UPON WRITTEN REQUEST.

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

Actions on Bills: 2011-05-16

PUBLIC BILLS

H 54: HABITUAL MISDEMEANOR LARCENY.

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

H 197: SCHOOL CALENDAR FLEXIBILITY/INCLEMENT WEATHER.

    House: Concurred In S/Com Sub

H 222: ELECTRIC VEHICLE INCENTIVES.

    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/17/2011

H 271: PROBATION OFFICER/NO CONCEALED CARRY REQUIRED.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

H 366: SPECIAL ELECTION DATES.

    House: Amend Adopted 1
    House: Passed 2nd Reading

H 406: VOLUNTARY AGRICULTURE DISTRICTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Agriculture/Environment/Natural Resources

H 408: AMEND CRIMINAL DISCOVERY LAWS.

    House: Passed 2nd & 3rd Reading

H 451: DWLR PENALTIES INCREASED/ VEHICLE SEIZURES.

    Senate: Passed 1st Reading
    Senate: Ref to Judiciary II. If fav, re-ref to Appropriations/Base Budget

H 474: PROTECT ADULT CARE HOME RESIDENTS.

    Senate: Passed 2nd & 3rd Reading

H 484: TRANSFER EMERGENCY FORECLOSURE PROGRAM TO HFA.

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

H 493: LANDLORD TENANT LAW CHANGES.

    House: Passed 2nd & 3rd Reading

H 514: UNIFORM MILITARY AND OVERSEAS VOTERS ACT.

    House: Passed 2nd & 3rd Reading

H 572: ACCOUNTABILITY FOR PUBLICLY FUNDED NONPROFITS.

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

H 585: VEHICLE EMISSIONS INSPECTIONS (NEW).

    House: Passed 2nd & 3rd Reading

H 594: FUNCTIONALLY EQUIVALENT WASTEWATER SYSTEMS.

    House: Passed 2nd & 3rd Reading

H 597: UI/FIX AGGRIEVED PARTY DEFINITION.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/17/2011

H 623: ELIMINATE AGENCY FINAL DECISION AUTHORITY.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/17/2011

H 649: AMEND GROUNDS/LICENSE REVOCAT'N/BAIL BONDSMAN.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/17/2011

H 658: CHANGE EARLY VOTING PERIOD.

    House: Postponed To 5/18/2011

H 670: SODIUM RESOLUTION.

    House: Withdrawn From Com
    House: Placed On Cal For 5/17/2011

H 673: STREET GANG NUISANCE ABATEMENT.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/17/2011

H 713: PUBLIC CONTRACTS/MULTIPLE AWARD.

    House: Assigned To Commerce and Job Development Subcommittee on Business and Labor

H 750: ASSCS.-STORMWATER RESP./SD & SEPT'G. RULES (NEW).

    House: Passed 2nd & 3rd Reading

H 769: HIGH SCHOOL TO WORK PARTNERSHIP.

    Ratified

H 780: INNOCENCE COMMN/CASE FILES & EVIDENCE.

    House: Assigned To Judiciary Subcommittee B

H 795: PATIENT ACCESS TO PATHOLOGICAL MATERIALS.

    House: Amend Adopted 1
    House: Passed 2nd Reading

H 804: JOHNSTON MEMORIAL HOSPITAL NOT IN LGERS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Pensions & Retirement and Aging

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

    Senate: Passed 1st Reading
    Senate: Ref To Com On State and Local Government

H 845: ANNEXATION REFORM ACT OF 2011 (NEW).

    House: Passed 3rd Reading

S 170: CLARIFY NUISANCE ABATEMENT LAWS.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Judiciary II

S 244: FIRE AND RESCUE/SURVIVOR'S BENEFIT.

    Ratified

S 300: MISCELLANEOUS SERVICE/PROCESS AMENDMENTS.

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

S 384: CONFORMING CHANGES/PERSONS W/DISABILITIES ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/17/2011

S 428: SELECTIVE VEGETATION AMENDMENTS/W&S STUDY (NEW).

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

S 512: AUTHORIZE OVERNIGHT RESPITE PILOT (NEW).

    Senate: Passed 2nd & 3rd Reading

S 513: ALLOW SAVINGS PROMOTION RAFFLES.

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

S 600: OUT-OF-STATE LAW ENFORCEMENT/SPECIAL EVENTS.

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

S 613: HUNTING & FISHING/ACTIVE DUTY MILITARY.

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

S 626: LRC TO STUDY FERRY TOLLS/JUV. JUSTICE REFORMS (NEW).

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

S 644: DSS ADOPTION ASSISTANCE AGREEMENTS BINDING.

    Senate: Passed 2nd & 3rd Reading

S 648: AMEND LAW RE: SCHOOL DISCIPLINE.

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

S 661: AUDIT ROANOKE ISLAND COMMISSION AND FRIENDS (NEW).

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

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

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

S 756: AMEND BAIL LAW/PRETRIAL RELEASE PROGRAMS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary II

Actions on Bills: 2011-05-16

LOCAL BILLS

H 193: TOPSAIL BEACH RECALL ELECTIONS.

    Ratified
    Ch. SL 2011-76

H 194: TOPSAIL BEACH CHARTER AMENDMENT.

    Ratified
    Ch. SL 2011-77

H 266: LOCAL ENERGY EFFICIENCY (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On State and Local Government

H 414: AMEND RUTHERFORD COUNTY OCCUPANCY TAX.

    House: Passed 3rd Reading

H 415: TOPSAIL BEACH/NAGS HEAD/LITTORAL RIGHTS (NEW).

    House: Concurred In S/Com Sub

H 516: MOUNT AIRY CHARTER AMENDMENTS.

    House: Passed 2nd & 3rd Reading

H 523: CHANGE WINSTON-SALEM/FORSYTH ELECTION METHOD.

    House: Placed On Cal For 5/17/2011

H 528: DUPLIN ELECTIONS.

    House: Passed 2nd Reading

H 565: MOREHEAD CITY/BEAUFORT BOUNDARY.

    House: Passed 2nd Reading

S 19: UNION FIRE FEE SUNSET REPEALED.

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

S 200: ALAMANCE/ORANGE 9% BOUNDARY.

    Senate: Passed 3rd Reading

S 201: ALAMANCE/ORANGE BOUNDARY.

    Senate: Passed 3rd Reading

S 288: ATLANTIC BEACH/BEAUFORT/PARKING.

    Senate: Placed On Cal For 5/17/2011

S 431: FONTANA DAM INCORPORATED.

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

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