The Daily Bulletin: 2011-05-24

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The Daily Bulletin: 2011-05-24

PUBLIC/HOUSE BILLS
H 129/SL 2011-84 (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.

AN ACT TO PROTECT JOBS AND INVESTMENT BY REGULATING LOCAL GOVERNMENT COMPETITION WITH PRIVATE BUSINESS. Summarized in Daily Bulletin 2/17/11, 3/23/11, 3/24/11, 3/28/11, 4/27/11, 4/28/11, and 5/2/11. Enacted May 21, 2011. Effective May 21, 2011, except as otherwise provided.

Intro. by Avila.
H 503 (2011-2012) PARENT CHOICE/CLARIFY PRE-K (NEW). Filed Mar 29 2011, DIRECTING THE STATE BOARD OF EDUCATION TO ANNUALLY REVIEW NUTRITION STANDARDS FOR FOODS AND BEVERAGES ADMINISTERED BY THE DEPARTMENT OF PUBLIC INSTRUCTION AND CHILD NUTRITION PROGRAMS OF LOCAL SCHOOL ADMINISTRATIVE UNITS AND TO REQUIRE OTHER FOOD SALE OPERATIONS ON THE SCHOOL CAMPUS DURING THE INSTRUCTIONAL DAY TO MEET CERTAIN STANDARDS BY THE 2011-2012 SCHOOL YEAR.

House amendments make the following changes to 2nd edition. Amendment #1 deletes language requiring the State Board of Education to cooperate with stakeholders in adopting rules regarding food and beverages sold or served to students. Amendment #2 adds new subsection (h1) to GS 115C-238.29F, requiring charter schools participating in the National School Lunch Program to comply with nutritional rules adopted by the State Board of Education for competitive foods and beverages sold or served to students. Charter schools must comply beginning with 2012-13 school year. Makes a conforming change to the bill title.

Intro. by Insko, LaRoque.
H 687 (2011-2012) ATTY FEES/CITY OR COUNTY ACTION OUTSIDE AUTH. (NEW). Filed Apr 6 2011, TO PROVIDE THAT WHEN CITIES AND COUNTIES ENACT ORDINANCES OR TAKE ADMINISTRATIVE ACTIONS FOR WHICH THERE IS NO STATUTORY AUTHORITY, AND THE ORDINANCE OR ACTION IS AN ABUSE OF AUTHORITY, THE PLAINTIFF MAY RECOVER ATTORNEY FEES.

House amendment makes the following changes to 2nd edition.
Amends proposed GS 6-21.6, clarifying that the court may award reasonable attorneys’ fees and costs to a successful party, provided that if the court also finds that the city’s or county’s action was an abuse of discretion, then the court must award attorneys’ fees and costs.

Intro. by Brawley, Moffitt, LaRoque, Brubaker.
H 762 (2011-2012) LANDOWNER PROTECTION ACT. Filed Apr 6 2011, TO PROTECT LANDOWNER RIGHTS AND INCREASE PUBLIC SAFETY BY REQUIRING WRITTEN PERMISSION TO HUNT ON THE LAND OF ANOTHER STATEWIDE AND BY PROHIBITING HUNTING FROM THE RIGHT OF WAY STATEWIDE.

House amendment makes the following change to 2nd edition. Clarifies that in the event GS 14-159.6(a) conflicts with a local act, the local act prevails.

Intro. by McComas, LaRoque, Collins.
H 805 (2011-2012) ADDITIONAL NAME CHANGE REQUIREMENTS. Filed Apr 6 2011, AMENDING THE NAME CHANGE STATUTE TO INCLUDE A CRIMINAL RECORD CHECK AND OTHER REQUIREMENTS BEFORE THE CLERK OF SUPERIOR COURT MAY GRANT OR DENY A NAME CHANGE APPLICATION.

House amendment makes the following changes to 2nd edition. Amends proposed GS 101-5(a) to remove a statement of whether or not an applicant has been adjudicated a bankrupt or is subject to a current judgment from the list of required submissions by name change applicants. Makes a conforming change. Clarifies that the act is effective when it becomes law.

Intro. by Spear, Randleman, Stam.
H 823 (2011-2012) SPEAKER/PRO TEM TERM LIMITS (NEW). Filed Apr 6 2011, TO AMEND THE NORTH CAROLINA CONSTITUTION TO MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION THE HEAD OF THE DEPARTMENT OF PUBLIC INSTRUCTION, TO MAKE THE STATE BOARD OF EDUCATION AN ADVISORY BODY, TO MODIFY THE MEMBERSHIP OF THE STATE BOARD OF EDUCATION, AND TO MAKE CONFORMING CHANGES TO THE GENERAL STATUTES.

House committee substitute makes the following changes to 1st edition.
Subject to approval by the voters at the May 8, 2012, statewide election (was, November 6, 2012 election), amends Section 4 of Article IX of the North Carolina Constitution to (1) make the Superintendent of Public Instruction (Superintendent) the chair and chief administrative officer of the State Board of Education (SBE), (2) require the Superintendent to appoint all state-level personnel necessary for the administration and supervision of the state’s public schools, (3) add a fourth at-large appointment to the SBE, (4) require that the General Assembly elect all at-large appointments, and (5) reduce the term of office for SBE members to overlapping terms of six years (was, made the Superintendent head of the Department of Public Instruction (DPI), made the State Board of Education (SBE) an advisory body, and served overlapping terms of eight years). Provides that if a majority of votes are cast in favor of these proposed constitutional amendments, then the amendments become effective January 1, 2013.
Modifies the membership of the SBE to include the Superintendent, the Lieutenant Governor, the Treasurer, eight members appointed by the Governor, two members elected by the House of Representatives, and two members elected by the Senate (was, modified the membership of the SBE to include the Superintendent, the Lieutenant Governor, the Treasurer, three appointees by the Governor, four appointees by the Speaker of the House of Representatives, and four appointees by the President Pro Tempore of the Senate). Provides that vacancies are to be filled by the appointing or electing authority for the unexpired term, and that appointments made by the Governor to fill vacancies are not subject to confirmation by the General Assembly.
Deletes the proposed conforming changes to multiple statutes, which transferred all the duties, powers, rights, and obligations of the SBE to the Superintendent and provided that the SBE serve as an advisory body to the Superintendent.
Rewrites the title as AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION A MEMBER OF AND CHAIR OF THE STATE BOARD OF EDUCATION, TO REQUIRE THE SUPERINTENDENT OF PUBLIC INSTRUCTION TO MAKE ALL STATE-LEVEL APPOINTMENTS NECESSARY FOR SUPERVISION AND ADMINISTRATION OF THE FREE PUBLIC SCHOOLS, TO MODIFY THE MEMBERSHIP OF THE STATE BOARD OF EDUCATION TO INCLUDE AN ADDITIONAL AT-LARGE MEMBER, TO REQUIRE THE GENERAL ASSEMBLY TO ELECT ALL AT-LARGE MEMBERS, AND TO CREATE A SIX-YEAR TERM OF OFFICE FOR STATE BOARD OF EDUCATION MEMBERS.

Intro. by Holloway.
H 843 (2011-2012) MODERNIZE NC EMERGENCY MANAGEMENT ACT. Filed Apr 6 2011, TO MODERNIZE THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT AND RELATED STATUTES.

House amendment makes the following change to 1st edition. Amends the act to specify the effective date is October 1, 2011, for the entire act (previously amendments to GS 14-415.4(c)(6) were effective February 1, 2011).

Intro. by Martin.
H 930 (2011-2012) HONOR VETERANS. Filed May 24 2011, EXPRESSING GRATITUDE TO THE MEMBERS OF THE MILITARY FOR THEIR SERVICE AND HONORING THE MEMORY OF THOSE KILLED IN THE LINE OF DUTY.

As title indicates.

Intro. by Killian, Cleveland.HOUSE RES
H 931 (2011-2012) CONFIRM EDWARD FINLEY TO UTILITIES COMMISSION. Filed May 24 2011, PROVIDING FOR THE CONFIRMATION OF THE APPOINTMENT OF EDWARD S. FINLEY, JR., TO THE UTILITIES COMMISSION.

Identical to S 778, filed 5/5/11.

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

Intro. by Steen.JOINT RES

The Daily Bulletin: 2011-05-24

PUBLIC/SENATE BILLS
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 amendment makes the following changes to 3rd edition.
Amends GS 136-18.7 to add that the fee for certain selective vegetation removal permits may be used for the costs of administering the permit process and for highway beautification planting. Amends GS 136-133, clarifying that the fee for outdoor advertising structures must not exceed a $150 initial fee and a $60 annual renewal fee (was, $90 annual renewal fee). Deletes requirement that $30 of each fee be used for highway beautification projects. Amends proposed GS 136-133.1(e) to specify that the complete removal of any trees, except for native dogwoods and native redbuds, and all other vegetation will be permitted in the specified cut and removal zone if the applicant submits a plan for beautification and replanting at the relevant site. Directs the Department of Transportation (DOT) to develop rules for compensatory replanting, as indicated. Provides additional details on replanting. Specifies that the $400 fee for a selective vegetation permit imposed under GS 136-18.7 is nonrecurring for sites at which the applicant implements an approved replanting plan. Amends proposed GS 136-133.5(c), requiring the DOT to reveal substantial, material evidence (was, some evidence) that the unlawful destruction or illegal cutting would create, increase, or improve a view to a proposed outdoor advertising sign from the main traveled way of the nearest controlled route before denying a permit. Adds a section to make conforming changes to GS 136-127. Directs DOT to adopt temporary rules to administer the act, effective when the act becomes law. Makes other clarifying and conforming changes.

Intro. by Brown.
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.

AN ACT TO MAKE APPROPRIATIONS AND ADJUSTMENTS FOR THE 2011-2013 FISCAL BIENNIUM TO THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES; AND TO TRANSFER THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES TO THE OFFICE OF STATE TREASURER. Summarized in Daily Bulletin 4/19/11, 4/20/11, and 4/28/11. Enacted May 23, 2011. Part I is effective July 1, 2011, except as otherwise provided. Part II is effective January 1, 2012, except as otherwise provided. The remainder is effective May 23, 2011, except as otherwise provided.

Intro. by Apodaca.
S 743 (2011-2012) ENCOURAGE VOLUNTEER HEALTH CARE PROVIDERS. Filed Apr 19 2011, TO ENCOURAGE THE PROVISION OF MEDICAL SERVICES TO INDIGENT PERSONS BY PROVIDING FOR A RETIRED LIMITED VOLUNTEER LICENSE AND BY BROADENING THE APPLICABILITY OF A LIMITED VOLUNTEER LICENSE.

Senate committee substitute makes the following changes to 1st edition. Amends GS 90-21.16 to clarify that a nonprofit community health referral service that refers low income patients to physicians for free services is not liable for the acts or omissions of the physician if the nonprofit community health center maintains the requisite liability insurance (currently, the physician must maintain liability coverage for the service). Makes other clarifying and conforming changes, and makes a conforming change to title.

Intro. by Goolsby.

The Daily Bulletin: 2011-05-24

LOCAL/HOUSE BILLS
H 292 (2011-2012) INCORPORATE ROUGEMONT. Filed Mar 9 2011, TO INCORPORATE THE TOWN OF ROUGEMONT, SUBJECT TO A REFERENDUM.

House amendment makes the following change to 1st edition.
Amends Section 3.3 of the Rougemont Charter by deleting the provision that allows the mayor to vote only when there is an equal division on any question or matter before the Town Council.

Intro. by Wilkins.Durham
H 537/SL 2011-86 (2011-2012) WILKES FIRE TAX DIST. BOUNDARIES. Filed Mar 30 2011, TO ESTABLISH THE BOUNDARY BETWEEN THE BROADWAY AND MORAVIAN FALLS FIRE TAX DISTRICTS IN WILKES COUNTY.

AN ACT TO ESTABLISH THE BOUNDARY BETWEEN THE BROADWAY AND MORAVIAN FALLS FIRE TAX DISTRICTS IN WILKES COUNTY. Summarized in Daily Bulletin 3/30/11 and 4/14/11. Enacted May 23, 2011. Effective May 23, 2011.

Intro. by Randleman.Wilkes

The Daily Bulletin: 2011-05-24

ACTIONS ON BILLS

Actions on Bills: 2011-05-24

PUBLIC BILLS

H 30: ALLOW WAGE GARNISHMENT TO SATISFY JUDGMENTS.

    House: Passed 2nd & 3rd Reading

H 98: BREWERIES TO SELL MALT BEVERAGES ON PREMISES.

    Senate: Passed 2nd & 3rd Reading

H 112: REALIGN WAKE SUPERIOR COURT DISTRICTS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary I

H 139: LIMIT CONTRIBUTIONS BY STATE VENDORS.

    House: Passed 2nd & 3rd Reading

H 200: APPROPRIATIONS ACT OF 2011.

    Senate: Withdrawn From Com
    Senate: Re-ref to Finance. If fav, re-ref to Appropriations/Base Budget. If fav, re-ref to Pensions & Retirement and Aging

H 206: MODIFY PROPERTY TAX BASE EXCLUSIONS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

H 280: COUNTY LAW ENFORCEMENT SERVICE DISTRICT.

    Pres. To Gov. 5/24/2011

H 298: INSURANCE AMENDMENTS.

    House: Placed On Cal For 5/25/2011

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

    Pres. To Gov. 5/24/2011

H 345: MODIFY MOVE OVER LAW.

    House: Passed 2nd & 3rd Reading

H 411: IREDELL CORRECTIONAL FACILITY/DOT STORAGE.

    House: Withdrawn From Com
    House: Placed On Cal For 5/25/2011

H 453: ALLOW SALARY PROTECTION INSURANCE.

    House: Placed On Cal For 5/25/2011

H 472: CITY/COUNTY ELECTRONIC NOTICE.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 474: PROTECT ADULT CARE HOME RESIDENTS.

    House: Concurred In S/Com Sub

H 501: CREDIT UNION OWNERSHIP OF INS. CO (NEW).

    House: Placed On Cal For 5/25/2011

H 503: PARENT CHOICE/CLARIFY PRE-K (NEW).

    House: Amend Adopted 1
    House: Amend Adopted 2
    House: Passed 2nd Reading
    House: Withdrawn From Cal
    House: Placed On Cal For 5/31/2011

H 575: SERVICE AGREEMENTS/ALLOW RESERVE ACCOUNT.

    House: Placed On Cal For 5/25/2011

H 582: AMEND FELONY FIREARMS ACT/INCREASE PENALTIES.

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

H 596: TRANSFER SURPLUS PROP. TO RETIREMENT SYSTEM.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

H 618: STREAMLINE OVERSIGHT/DHHS SERVICE PROVIDERS.

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

H 623: ELIMINATE AGENCY FINAL DECISION AUTHORITY.

    House: Postponed To 5/25/2011

H 643: EXEMPT CCPCUA FROM IBT REQUIREMENTS.

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

H 664: DISCLOSURE/GROUP LIFE INSURANCE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/25/2011

H 686: PAYABLE ON DEATH ACCOUNTS.

    House: Passed 2nd Reading

H 687: ATTY FEES/CITY OR COUNTY ACTION OUTSIDE AUTH. (NEW).

    House: Amend Adopted 1
    House: Passed 2nd Reading

H 697: STUDY STROKE PREVENTION IN AFIB.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 758: ESTABLISH ARTS EDUCATION COMMISSION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/25/2011

H 762: LANDOWNER PROTECTION ACT.

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

H 805: ADDITIONAL NAME CHANGE REQUIREMENTS.

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

H 823: SPEAKER/PRO TEM TERM LIMITS (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/25/2011

H 843: MODERNIZE NC EMERGENCY MANAGEMENT ACT.

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

H 914: AEDS IN STATE BUILDINGS.

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

H 930: HONOR VETERANS.

    House: Filed

H 931: CONFIRM EDWARD FINLEY TO UTILITIES COMMISSION.

    House: Filed

S 63: CLARIFY PERMIT REQ. COLLECTION AGENCY E'EE (NEW).

    Senate: Passed 2nd & 3rd Reading

S 183: SELECTIVE VEGETATION REMOVAL/STATE HIGHWAYS.

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

S 245: MEDICAID BILLING BY LOCAL HEALTH DEPARTMENTS.

    Ratified

S 247: ELIMINATE MEANS TEST FROM 529 DEDUCTION.

    Pres. To Gov. 5/24/2011

S 316: ADD'L SECTION 1915 MEDICAID WAIVER SITES.

    Ratified

S 320: MUNICIPAL SYSTEMS.

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

S 382: AMEND WATER SUPPLY/WATER QUALITY LAWS (NEW).

    Senate: Passed 3rd Reading

S 385: SMALL BUSINESS ASSIST. RECORDS/TAX PAYMENTS (NEW).

    Senate: Passed 2nd & 3rd Reading

S 405: AMEND IRRIGATION CONTRACTORS' LICENSING LAWS.

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

S 484: REPS CREDITS AT CLEANFIELDS PARKS.

    Senate: Passed 2nd & 3rd Reading

S 512: AUTHORIZE OVERNIGHT RESPITE PILOT (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/25/2011

S 560: SPORT SHOOTING RANGE PROTECTION.

    Senate: Passed 2nd & 3rd Reading

S 581: CLARIFY MOTOR VEHICLE LAWS.

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

S 590: TERMINAL RENTAL ADJUSTMENT CLAUSES.

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

S 608: HEALTH CARE SHARING ORGANIZATIONS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/25/2011

S 685: MODIFY REGULATION OF PROPRIETARY SCHOOLS.

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

S 727: NO DUES CHECKOFF FOR SCHOOL EMPLOYEES.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 5/25/2011

S 743: ENCOURAGE VOLUNTEER HEALTH CARE PROVIDERS.

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

Actions on Bills: 2011-05-24

LOCAL BILLS

H 118: WINSTON-SALEM/DAILY CURRENCY/COINS DEPOSITS.

    House: Concurred In S Amend 1

H 284: WAYNE COUNTY DESIGN BUILD.

    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/25/2011

H 292: INCORPORATE ROUGEMONT.

    House: Amend Adopted 1
    House: Passed 2nd Reading

H 367: ROANOKE RAPIDS DEANNEXATION.

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

H 440: ADOPT OFFICIAL LIVERMUSH FESTIVALS (NEW).

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 441: CORNELIUS E-MAIL LISTS/ELECTRONIC ACCESS.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 486: TRYON DEANNEXATION.

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

H 573: RALEIGH/WAKE FOREST BOUNDARY (NEW).

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

S 120: NEW BERN CHARTER AMEDMENTS.

    House: Placed On Cal For 5/25/2011

S 149: LENOIR & GREENE VOTER ID/SUNDAY VOTING (NEW).

    Senate: Passed 2nd & 3rd Reading

S 200: ALAMANCE/ORANGE 9% BOUNDARY.

    House: Passed 3rd Reading

S 201: ALAMANCE/ORANGE BOUNDARY.

    House: Passed 3rd Reading

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