The Daily Bulletin: 2011-05-31

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The Daily Bulletin: 2011-05-31

PUBLIC/HOUSE BILLS
H 165 (2011-2012) PLANNED COMMUNITY & CONDO ACT AMENDS. Filed Feb 23 2011, TO AMEND THE PLANNED COMMUNITY ACT AND THE CONDOMINIUM ACT TO ADD OR ENHANCE CONSUMER PROTECTION PROVISIONS, INCLUDING PROVISIONS RELATED TO DISCRETION IN ENFORCEMENT BY HOMEOWNERS ASSOCIATIONS, PROCESSES REQUIRED FOR IMPOSITION OF SPECIAL ASSESSMENTS, OPEN MEETINGS, RECORD KEEPING, USE OF ALTERNATIVE DISPUTE RESOLUTION, ADDITIONAL LIMITATIONS ON FORECLOSURE, DECLARANT CONTROL, AND DISCLOSURE OF INFORMATION ABOUT HOMEOWNERS ASSOCIATIONS TO POTENTIAL PURCHASERS, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON HOMEOWNERS ASSOCIATIONS.

House committee substitute makes the following changes to 1st edition. Deletes all provisions of previous edition and replaces it with AN ACT TO AMEND THE PLANNED COMMUNITY ACT AND THE CONDOMINIUM ACT CONCERNING THE TIME PERIOD FOR FORECLOSURE OF A CLAIM OF LIEN FOR UNPAID ASSESSMENTS, TO AMEND THE LAW CONCERNING DISCLOSURE OF INFORMATION ABOUT HOMEOWNERS ASSOCIATIONS TO POTENTIAL PURCHASERS, AND TO REQUIRE THE REAL ESTATE COMMISSION TO PREPARE AND MAKE AVAILABLE INFORMATION ABOUT RESTRICTIVE COVENANTS TO POTENTIAL PURCHASERS. Rewrites GS 47F-3-116(a) to allow an association, acting through its executive board, to foreclose the claim of lien in like manner as a mortgage on real estate under power of sale or under Article 2A of GS Chapter 45, if the assessment remains unpaid for 90 days or more; requires the executive board to vote to commence the foreclosure proceeding against the specific lot. Makes similar change to GS 47C-3-116(a) (concerning the NC Condominium Act).
Amends GS 47E-2(11) to specify that transfers between parties when both parties agree not to complete a residential property disclosure statement or an owners’ association and mandatory covenants disclosure statement are exempt from the provisions of GS Chapter 47E (Residential Property Disclosure Act). Enacts new subsection (b1) to GS 47E-4 to require the owner of real property to furnish to a purchaser an owners’ association and mandatory covenants disclosure statement, as detailed. Directs the North Carolina Real Estate Commission to develop, by December 1, 2011, the disclosure statement. Makes conforming changes to GS 47E-5, GS 47E-6, GS 47E-7, and GS 47E-8. The provisions of the act concerning the owners’ association and mandatory covenants disclosure statement are effective January, 1, 2012, and applicable to real estate transfers or dispositions occurring on or after that date.
The remainder of the act is effective when it becomes law, and applies to foreclosure actions filed on or after October 1, 2011.

Intro. by McGee, Weiss, Earle, Howard.
H 183 (2011-2012) STUDY HOAS/FORECLOSURES (NEW). Filed Feb 24 2011, PROHIBITING A HOMEOWNERS ASSOCIATION FROM FORECLOSING ON PROPERTY WHERE THE DEBT SECURING THE ASSOCIATION ASSESSMENT LIEN CONSISTS SOLELY OF UNPAID HOMEOWNERS ASSOCIATION DUES OR OTHER COSTS ASSOCIATED WITH UNPAID HOMEOWNERS ASSOCIATION DUES.

House committee substitute makes the following changes to 1st edition.
Deletes all provisions of 1st edition and replaces with AN ACT TO AUTHORIZE THE GENERAL ASSEMBLY TO STUDY ISSUES RELATED TO HOMEOWNERS ASSOCIATION FORECLOSURE OF PROPERTY WHERE THE DEBT SECURING THE ASSOCIATION ASSESSMENT LIEN CONSISTS OF UNPAID HOMEOWNERS ASSOCIATION DUES OR OTHER COSTS ASSOCIATED WITH UNPAID HOMEOWNERS ASSOCIATION DUES. Authorizes the General Assembly as title indicates. Permits the study committee to make an interim report to the 2011 General Assembly when it convenes in 2012, and a final report to the 2013 General Assembly.

Intro. by R. Moore
H 242 (2011-2012) NAT. GAS/BOND/FEE/LANDOWNER PROTECT'N/STUDY (NEW). Filed Mar 7 2011, TO INCREASE THE AMOUNT OF THE BOND REQUIRED UPON REGISTRATION IN ORDER TO DRILL FOR OIL OR NATURAL GAS IN THE STATE.

House amendment makes the following change to 3rd edition. Provides that the Department of Environment and Natural Resources must report its findings no later than May 1, 2012 (previously February 1, 2012) to the Environmental Review Commission.

Intro. by Stone, Gillespie.
H 373 (2011-2012) INSURANCE CHANGES TO PAYMENTS & GROUP LIFE. Filed Mar 16 2011, TO FACILITATE THE PAYMENT OF INSURANCE PREMIUMS USING CREDIT CARDS AND TO PERMIT THE COMMISSIONER OF INSURANCE TO APPROVE NONTRADITIONAL GROUPS FOR GROUP LIFE INSURANCE.

House committee substitute makes the following changes to 1st edition. Rewrites GS 58-3-145 to clarify that an insurer, agent or broker may accept payment of an insurance premium by credit card or debit card so long as the insurer complies with the prohibition against unfair discrimination contained in GS 58-63-15(7), and the insurer pays the fees charged by the credit card company or debit card issuer for the payment of premiums by credit card or debit card. Makes a clarifying change, and a technical change.
Makes conforming changes to the bill title.

Intro. by Dockham.
H 586 (2011-2012) ENHANCE WATER SUPPLY FUNDING. Filed Apr 4 2011, TO AMEND THE CLEAN WATER MANAGEMENT TRUST FUND TO PROVIDE THAT THE FUND MAY BE USED TO PRESERVE LANDS FOR THE DEVELOPMENT OF WATER SUPPLY RESERVOIRS.

House committee substitute makes the following changes to 1st edition. Amends proposed GS 113A-256(8) to clarify that the Clean Water Management Trust Fund Board of Trustees may consider the likelihood of a proposed water supply project ultimately being permitted and built when developing specified criteria for awarding grants. Makes other technical changes, including a technical change to the bill title.

Intro. by Gillespie.
H 603 (2011-2012) PAYING OF OVERWEIGHT FINES BY PRIVATE PARTIES. Filed Apr 4 2011, TO ALLOW INDIVIDUALS WHO ARE NOT OPERATING AS A BUSINESS, AS A MOTOR CARRIER, OR UNDER THE AUTHORITY OF A MOTOR CARRIER AND WHO OWE CIVIL FINES FOR OVERWEIGHT VEHICLES TO MAKE PAYMENT ARRANGEMENTS WITH THE SECRETARY OF CRIME CONTROL AND PUBLIC SAFETY.

House committee substitute makes the following changes to 1st edition. Amends proposed GS 20-118(1) to direct the Secretary of Transportation to adopt rules governing payment arrangements for civil fines for overweight vehicles, and to post the rules on the Department of Transportation's (DOT) website. Requires the citations issued for these violations to advise the driver to consult the DOT website or to contact the DOT to find out if the state will agree to a payment arrangement and, if so, on what terms. Previous edition authorized certain persons to make a payment arrangement of $250 or more for any penalty assessed. Effective January 1, 2012, and applies to violations occurring on or after that date (was, effective when the act becomes law). Makes conforming changes to the bill title.

Intro. by Justice, McComas.
H 609 (2011-2012) PROMOTE WATER SUPPLY DEVELOPMENT/EFFICIENCY (NEW). Filed Apr 4 2011, TO PROMOTE THE DEVELOPMENT OF WATER SUPPLY RESERVOIRS AND OTHER WATER SUPPLY RESOURCES.

House committee substitute makes the following changes to 1st edition. Deletes amendments to GS 143-352 concerning the purpose and construction of Article 38 of GS Chapter 143. Deletes proposed provisions in new GS 143-355.7 concerning priority requests to the Department of Environment and Natural Resources, and public policy statements. Makes other clarifying changes.

Intro. by McGrady, Stam, Gillepsie, Carney.
H 644 (2011-2012) ESTABLISH PHARMACY AUDIT RIGHTS. Filed Apr 5 2011, TO ESTABLISH PHARMACY AUDIT RIGHTS AND TO ESTABLISH STANDARDS FOR RECOUPMENT OF CLAIMS.

House committee substitute makes the following changes to 1st edition.
Amends proposed GS 90-85.50, specifying that a pharmacy has the right to at least 21 days advance notice (was, 30 days) of the initial on-site audit for each audit cycle. Clarifies that the pharmacy has the right to have any audit that involves clinical or professional judgment conducted with a pharmacist employed or working under contract with the auditing entity, and the right to have the auditing entity provide, upon request, all records related to the audit if required under the contract. Clarifies that the audit is limited to claims identified by prescription numbers if the audit is conducted for an identified problem; otherwise the audit is limited to 40 selected prescriptions (rather than 25 randomly selected prescriptions). States that the pharmacy will not be subject to the initiation or scheduling of audits during the first five (was, seven) calendar days of any month due to the high volume of prescriptions filled during that time, without express consent; requires the pharmacy to cooperate with the auditor to establish an alternate date if necessary. Clarifies that a final audit report must be delivered to the pharmacy within 90 days (was, six months) after the end of the specified appeals period. Amends proposed GS 90-85.51, clarifying that each entity conducting an audit must provide a copy of the audit findings after completion of the appeals process, if required by the contract. Makes other clarifying changes.
Adds a section directing a provider to submit to the Division of Medical Assistance a written request for a Reconsideration Review within 30 days of receipt of notice of tentative decision. States that failure to request the Review in the specified time will result in the implementation of the tentative decision as the final decision. Specifies that any provider who received notice of a tentative decision on or after March 1, 2011, is eligible to resubmit a request for a Review within 30 working days of this act becoming law. Directs the Department of Health and Human Services to amend any rule in conflict with this provision. Makes this provision effective when it becomes law. Makes a conforming change to the title.

Intro. by Murry.
H 661 (2011-2012) CDL/HAZMAT ENDORSEMENT EXPIRATION. Filed Apr 6 2011, TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO MAKE A COMMERCIAL DRIVERS LICENSE AND A HAZARDOUS MATERIALS ENDORSEMENT EXPIRE AT THE SAME TIME.

House committee substitute makes the following changes to 1st edition. Amends proposed GS 20-37.16(c2) by adding language providing that a commercial drivers license that contains an H or X endorsement, as defined, expires on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. Provides that when the commercial drivers license also contains an S endorsement and the licensee is certified to drive a school bus in North Carolina, the commercial drivers license expires as provided in GS 20-7(f). Changes the effective date to July 1, 2012 (previously December 1, 2011), and applies to endorsements issued for commercial drivers licenses on or after that date.

Intro. by Cook.
H 694 (2011-2012) ASU WIND DEMONSTRATION PROJECT. Filed Apr 6 2011, TO DIRECT APPALACHIAN STATE UNIVERSITY TO JOINTLY DEVELOP AND IMPLEMENT A WIND DEMONSTRATION PROJECT WITH THE HOLDER OF A PERMIT FOR A WIND ENERGY FACILITY THAT HAS BEEN ISSUED BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES.

House committee substitute makes the following changes to 1st edition. Removes a provision requiring the Department of Environment and Natural Resources to deny an application for a wind energy facility demonstration permit if the proposed facility would be located in an area designated with a slide hazard ranking of “moderate” or “high” on a Stability Index Map prepared by the North Carolina Geological Survey. Amends the act to provide that the maximum penalty for a violation of permit terms and conditions is $1,000 per day (previously $10,000 per day). Removes provision stating that the act does not limit a county’s ability to regulate the siting of a wind energy demonstration project. Makes technical changes.

Intro. by Frye, Gillespie.
H 702 (2011-2012) ESTAB. MINIMUM WAGE WORKER SCHOLARSHIP FUND (NEW). Filed Apr 6 2011, TO PROVIDE EDUCATIONAL ASSISTANCE FOR MINIMUM WAGE WORKERS.

House committee substitute makes the following changes to 1st edition. Deletes the first edition and replaces it with AN ACT TO ESTABLISH THE MINIMUM WAGE WORKER SCHOLARSHIP FUND.
Amends Article 23 of GS Chapter 116 to add new GS 116-209.46 establishing the Minimum Wage Worker Scholarship Fund (Fund). Provides definitions as they apply in the statute including identifying schools that meet the definition of an eligible institution. Provides that the Fund’s purpose is to provide scholarships to students who have worked long term in minimum wage jobs and are pursuing a college degree. Makes scholarships available for part-time or full-time coursework. Provides that the State Education Assistance Authority (Authority) is to administer the Fund and directs the Authority to adopt rules to administer the Fund.
Directs the Authority to develop eligibility criteria for awarding scholarships from the Fund and specifies eligibility criteria that are to be included. Prohibits receiving a scholarship in an amount that when combined with all other federal and state financial aid received by the student, the amount exceeds the student’s attendance cost per academic year as defined for federal Title IV programs. Provides criteria governing the amount of the scholarship awards. Directs the Authority to make an annual report to the Joint Legislative Education Oversight Committee by December 1 regarding the Fund and scholarships awarded from the Fund.

Intro. by Wilkins, Horn, Pierce, Johnson.
H 709 (2011-2012) PROTECT AND PUT NC BACK TO WORK. Filed Apr 6 2011, PROTECTING AND PUTTING NORTH CAROLINA BACK TO WORK BY REFORMING THE WORKERS' COMPENSATION ACT TO (1) DEFINE "SUITABLE EMPLOYMENT" PERTAINING TO AN EMPLOYEE'S RETURN TO WORK WITHIN RESTRICTIONS OR AFTER REACHING MAXIMUM IMPROVEMENT; (2) MAKE WILLFUL MISREPRESENTATIONS GROUNDS FOR DISQUALIFICATION FROM RECEIVING BENEFITS; (3) PROVIDE THAT PARTIES MAY REACH A SEPARATE CONTEMPORANEOUS AGREEMENT TO RESOLVE ISSUES NOT COVERED BY THE ACT; (4) CLARIFY THE RIGHTS AND RESPONSIBILITIES OF EMPLOYERS AND EMPLOYEES REGARDING MEDICAL EXAMINATIONS, TREATMENT, AND ACCESS TO MEDICAL INFORMATION; (5) CAP THE DURATION OF COMPENSATION FOR TEMPORARY TOTAL DISABILITY; (6) EXTEND FROM THREE HUNDRED TO FIVE HUNDRED THE NUMBER OF WEEKS AN INJURED EMPLOYEE IS ELIGIBLE TO RECEIVE COMPENSATION FOR PARTIAL INCAPACITY; (7) INCREASE THE DEATH BENEFIT AND BURIAL EXPENSE ALLOWANCE; (8) REDUCE THE INDUSTRIAL COMMISSION FROM SEVEN TO FIVE MEMBERS SUBJECT TO LEGISLATIVE CONFIRMATION; (9) PROVIDE THAT COMMISSIONERS AND DEPUTY COMMISSIONERS ARE SUBJECT TO THE CODE OF JUDICIAL STANDARDS; AND (10) REPEAL THE COMMISSION'S FULL EXEMPTION FROM THE ADMINISTRATIVE PROCEDURE ACT, THEREBY SUBJECTING THE COMMISSION TO RULE MAKING PURSUANT TO ARTICLE 2A OF CHAPTER 150B OF THE GENERAL STATUTES AND REQUIRING THE COMMISSION TO READOPT RULES PURSUANT TO THAT ARTICLE.

House committee substitute makes the following changes to 1st edition. The committee report was reported into the House on 5/27/11.
Amends GS 97-2(19) to include in the definition for medical compensation (1) attendant care services prescribed by a health care provider who is authorized by the employer or subsequently by the Industrial Commission (Commission) and (2) vocational rehabilitation. Amends proposed GS 97-2(22) to define suitable employment as any employment that is offered to the employee, or if prohibited by the Immigration and Nationality Act, 8 U.S.C. 1324a, employment that is available to the employee (1) that is within the employee’s work restrictions before the employee has reached maximum medical improvement or (2) that the employee is capable of performing after reaching maximum medical improvement given the employee’s pre-existing physical and mental limitations, vocational skills, education and experience, and provided that the work is within a 50-mile radius of the employee’s residence at the time of injury, or current residence if the employee had a legitimate reason to relocate since the date of the accident. Applies to claims that arise on or after the effective date of the act.
Adds a new subsection (k) to GS 97-18 to provide that when the employer or insurer has admitted the employee’s right to compensation or the employer’s liability has been established, the employee may move for reinstatement of compensation on a form prescribed by the Commission. Provides that any challenge to employee’s reinstatement request must be scheduled on a preemptive basis. Applies to claims pending on or after the effective date of the act.
Amends GS 97-25 to give the employee the right to make a written request to the employer for a second opinion evaluation. Provides that if the employer refuses the request for a second opinion, then the employee may request that the Commission order a second opinion examination. Requires an employee requesting a change in treatment or health care provider to show by a preponderance of the evidence (was, by clear and convincing evidence) that the change is reasonably necessary to effect a cure, provide relief, or lessen the period of disability in order for the Commission to approve the employee’s request. Provides that an employee’s refusal to accept any medical compensation (was, medical, hospital, surgical or other treatment or rehabilitative procedure) ordered by the Commission bars the employee from receiving further compensation unless the Commission finds that the circumstances justified the refusal. Requires that any order issued by the Commission suspending compensation under GS 97-18.1 must specify the action that an employee is to take to reinstate the compensation. Applies to claims pending on or after the effective date of the act.
Amends GS 97-25.6 to provide the procedure for employers, their attorneys, and their insurers to obtain relevant medical information relating to an employee without the employee’s prior authorization. Clarifies what is considered to be relevant medical information. Permits the employer to make a written request for information that is not contained in the records and allows the employer to make an oral request for information that is not contained in the medical records or available through written communication or otherwise. Requires the employer to provide written notice to the employee of the employer’s requests for medical records or written requests for additional information, and to provide the employee with a copy of any records or written responses and a summary of any oral communications in which the employee did not participate. Requires advance written notice to the employee before the employer gives the employee’s authorized health care provider any relevant medical information not contained in the employee’s medical records. Provides that the employee must have 10 business days in which to either consent or object to the employer’s proposed communication with the provider. Provides for a hearing before the Commission if the employee refuses consent. Clarifies that each party is responsible for its own compensation owed to a provider under the fee system set by the Commission to compensate the provider for time spent communicating with the employer or employee. Applies to claims pending on or after the effective date of the act.
Adds new subsection (g1) to GS 97-26 directing the Commission to adopt rules requiring electronic medical billing and payment processes, and requiring applicable administrative standards for processing electronic medical bills to comply with 45 CFR 162.
Amends GS 97-27 to clarify that the independent medical examination is subject to specified provisions. Provides that no fact communicated to or otherwise learned by any physician who attended, examined, or was present at any examination is privileged with respect to a claim before the Commission (was, in any workers’ compensation case with respect to a claim pending for hearing before the Commission). Permits an employer to communicate with an independent medical examiner chosen by the employer regardless of whether the examiner has physically examined the employee. Provides that any refusal by the employee to submit to an independent medical examination suspends the employee’s right to compensation and the employee’s right to prosecute any proceedings under the act, and requires the Commission to inform the employee how to end the suspension and reinstate compensation. Directs the employer to provide the employee with a copy of any written report of an independent medical examination within 10 days of its receipt, together with all supporting documents provided to the examiner. Applies to claims pending on or after the effective date of the act.
Rewrites GS 97-29 to direct an employer to pay an employee qualifying for total disability a weekly compensation equal to sixty-six and two-thirds percent of average weekly wages, but not more than the amount established annually to be effective January 1 (was, October 1), nor less than $30 per week. Places a 500 week limit on the duration of compensation, including medical compensation measured from the date of first disability (was, measured from the date of injury). Allows an employee to seek extended compensation beyond 500 weeks if the employee (1) has received at least 425 weeks of compensation at the time of the request, and (2) shows by a preponderance of the evidence that the employee has sustained a total loss of wage earning capacity. Provides additional specifications regarding rates and length of compensation for total disability. Applies to claims arising on or after the effective date of the act.
Amends GS 97-30 to increase the maximum duration of compensation for partial incapacity from 300 weeks to 500 weeks, and provides that any amount received for total incapacity under GS 97-29 will count toward this limit. Applies to claims arising on or after the effective date of the act.
Amends GS 97-32 to require the Commission to specify in its order suspending compensation how the employee can end the suspension and reinstate compensation. Applies to claims arising on or after the effective date of this act.
Enacts new GS 97-32.2 to provide requirements for the provision of, payment for, and termination of vocational rehabilitation services including a one-time evaluation regardless of whether the employee has reached maximum medical improvement. Provides criteria under which an employee may request vocational rehabilitation services. Provides that an employee’s refusal to accept or cooperate with vocational rehabilitation bars the employee from receiving compensation during the period of the refusal, unless the Commission determines the refusal was justified. Applies to claims arising on or after the effective date of the act.
Amends GS 97-40 to increase the maximum compensation payable for burial expenses of an employee who dies without dependents from $3,500 to $10,000. Applies to claims arising on or after the effective date of the act.
Amends GS 97-77(a) to reduce the number of members on the Commission from seven to six (was, five) and make additional adjustments to qualifications for commissioners.
Provides that commissioners and deputy commissioners are subject to the Code of Judicial Conduct (was, standards of judicial conduct). Deletes the prohibition against commissioners or deputy commissioners engaging in any other employment, business, profession, or vocation while in office.
Amends GS 97-80(a) to restore the statutory provision deleted in the first edition, which provides that processes, procedure, and discovery are to be as summary and simple as reasonably possible.
Clarifies that rules readopted on or before December 31, 2012, must remain in effect until the rule becomes effective pursuant to the Administrative Procedure Act. Applies to rules adopted on or after the effective date of the act.
Makes conforming changes and organizational changes. Provides that this act is effective when it becomes law, and applies to claims pending or arising on or after the effective date as otherwise indicated in this digest.
Makes a conforming change to the bill title.

Intro. by Folwell, Dollar, Hager, Crawford.
H 755 (2011-2012) STUDY FOX LAWS (NEW). Filed Apr 6 2011, TO PROVIDE THE WILDLIFE RESOURCES COMMISSION AUTHORITY TO REGULATE THE TAKING OF FOXES AND COYOTES.

House committee substitute makes the following changes to 2nd edition. Deletes all provisions of the previous edition and replaces with AN ACT TO DIRECT THE WILDLIFE RESOURCES COMMISSION TO STUDY FOX AND COYOTE POPULATIONS AND REPORT ITS RECOMMENDATIONS ON MANAGEMENT METHODS AND CONTROLS TO THE 2012 GENERAL ASSEMBLY. As title indicates. Specifies issues to be studied, and requires the Commission to complete the study and report to specified committees by April 1, 2012.

Intro. by Committee on Agriculture.
H 787 (2011-2012) NC WATER EFFICIENCY ACT. Filed Apr 6 2011, TO IMPROVE THE EFFICIENCY OF USE OF NORTH CAROLINA'S WATER RESOURCES.

House committee substitute makes the following changes to 1st edition. Deletes all amendments and provisions of previous edition except those directing the Department of Environment and Natural Resources to provide statewide outreach and technical assistance related to water efficiency, including best management practices addressing at least eight enumerated practices. Rewrites GS 143-355(l) to require local water supply plans to include a plan for the reduction of long-term per capita demand for potable water. Rewrites GS 143-355.4(b)(7) to require a local government or large community water system to demonstrate that it has implemented a consumer education program that emphasizes the importance of water conservation and that includes information on measures that residential customers may implement to reduce water consumption in order to be eligible for specified water infrastructure funds. Amends GS 159-52(a), permitting the Local Government Commission to consider whether the local government has prepared a local water supply plan if the proposed bond issue is for a water system described in GS 159-48(b)(21). Clarifies that nothing in the act is to be construed to authorize the adoption of rules necessary to implement the act or construed to negatively impact economic development. Effective October 1, 2011.

Intro. by McGrady, Samuelson.
H 810 (2011-2012) CONSUMER FINANCE ACT AMENDMENTS. Filed Apr 6 2011, MAKE VARIOUS AMENDMENTS TO THE NORTH CAROLINA CONSUMER FINANCE ACT TO INCREASE CONSUMER ACCESS AND CREDIT MARKET PARITY.

House committee substitute makes the following changes to 1st edition. Deletes several provisions of the previous edition. Amends GS 53-166(a), stating that no person can engage in the business of lending in amounts $15,000 or less (was, $10,000) as specified. Amends GS 53-173(a) to increase the outstanding principal balance at which the maximum interest rate of 36% per annum applies from $600 to $1500. Creates new subsection (g) to GS 53-173 to provide the limitations on loans to individual borrowers. Deletes other amendments made to GS 53-173 in previous edition. Amends 53-176 by (1) raising cap on installment loans to $15,000 (was $10,000), (2) increasing the maximum time frame after which an installment loan may not be repayable up to 96 months (previously 84), (3) limiting monthly interest on installment loans to 30% per annum for balances below $5,000, 24% per annum for balances between $5,000 and $10,000, and 18% per annum on remaining balance, (4) deleting in its entirety subsection (d), concerning the right to make loans under the statute by filing written notice, and (5) deleting in its entirety subsection (f), concerning prohibitions on making loans under the statute. Amends GS 53-177 to provide that a licensee may charge a late payment charge for a payment that remains past due for 10 days or more after the due date, with specified limitations. Makes a conforming change to GS 53-179. Retains amendment to GS 53-172 (a).

Intro. by Steen.
H 816 (2011-2012) SPAY/NEUTER ADVISORY BOARD/FUND (NEW). Filed Apr 6 2011, TO ESTABLISH THE ANIMAL WELFARE ADVISORY BOARD AND THE SPAY/NEUTER DONATION AND MEMORIAL FUND.

House committee substitute makes the following changes to 1st edition. Enacts new Article 4A of GS Chapter 19A establishing the Spay/Neuter Advisory Board (Board) of the Department of Agriculture and Consumer Services (Department) (previously established the Animal Welfare Advisory Board). Provides details regarding duties of the Board, appointment of membership of the Board, and terms of membership. Calrifies that the Spay/Neuter Donation and Memorial Fund (Fund) is a nonreverting, interest-bearing special account in the Department. Clarifies that up to 2% of the Fund may be used for administrative costs. Makes a conforming change to the bill title.

Intro. by McElraft.
H 837 (2011-2012) COMPLETION OF CPR BY STUDENTS REQUIRED. Filed Apr 6 2011, TO MAKE SUCCESSFUL COMPLETION OF INSTRUCTION IN CPR A REQUIREMENT FOR HIGH SCHOOL GRADUATION.

House committee substitute makes the following changes to 1st edition. Deletes proposed new subsection (e2) to GS 115C-81 and proposed changes to GS 115C-238.29F(d) and moves the requirements regarding the inclusion of instruction in cardiopulmonary resuscitation (CPR) in public schools to GS 115C-81(e1)(1) (regarding the school health and education program). Delays making successful completion of instruction in CPR a graduation requirement until the 2013-14 school year (was, 2011-12 school year).
Directs the State Board of Education (SBE) to work in cooperation with the American Heart Association, the American Red Cross, and other nationally recognized programs to develop a plan to phase in successful completion of CPR instruction as a graduation requirement by the 2013-14 school year. Provides guidelines as to the content to be included in the plan. Requires the SBE to report on the plan by December 15, 2012, to the Joint Legislative Education Oversight Committee (Ed Oversight) and to report on plan implementation to Ed Oversight by October 15, 2014.
Makes conforming changes to the title and makes organizational changes. Applies beginning with the 2011-12 school year.

Intro. by Carney, Justice.
H 855 (2011-2012) PERSONAL LEARNING PLAN FOR EACH CHILD. Filed Apr 6 2011, TO REQUIRE THE PUBLIC SCHOOLS TO PROVIDE A PERSONAL EDUCATION PLAN FOR EVERY STUDENT.

House committee substitute makes the following changes to 1st edition. Amends proposed GS 115C-105.42 to clarify that a personal learning plan is to be created by the student and updated by the student from sixth grade through high school graduation. Directs local education authorities to develop the personal learning plan template and the process for students to create their individual plans. Requires that a personal learning plan include self-assessment by the student in specified areas and provides criteria that may be included in a personal learning plan. Requires that the plan be developed and maintained in an electronic format whenever possible. Makes a clarifying change to the title.

Intro. by Brandon.
H 916 (2011-2012) STATEWIDE EXPANSION OF 1915(B)/(C) WAIVER. Filed May 4 2011, TO ESTABLISH REQUIREMENTS FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND LOCAL MANAGEMENT ENTITIES WITH RESPECT TO STATEWIDE EXPANSION OF THE 1915(B)/(C) MEDICAID WAIVER.

House committee substitute makes the following changes to 1st edition. Deletes provision directing the Department of Health and Human Services (DHHS) to prepare and publish, by April 1, 2011, the Request for Applications (RFA) for Local Management Entities (LMEs) to seek approval to operate a 1915(b)/(c) Medicaid Waiver. Provides that by August 1, 2011, DHHS must select LMEs that have been assessed to meet minimum criteria for Waiver operations under the requirements of RFA #2011-261 issued on April 1, 2011. Provides that county governments are not financially liable for overspending or cost overruns of Medicaid services that are associated with a county program or multicounty program’s operation of a 1915(b)/(c) Medicaid Waiver beyond the county or multicounty program’s Medicaid risk reserve and Medicaid fund balance amounts. Adds Treatment Plan development and Referral to Services to the managed care functions that LMEs may subcontract to other entities. Makes organizational changes and technical changes.

Intro. by Barnhart, Dollar, Burr, Insko.

The Daily Bulletin: 2011-05-31

The Daily Bulletin: 2011-05-31

The Daily Bulletin: 2011-05-31

ACTIONS ON BILLS

Actions on Bills: 2011-05-31

PUBLIC BILLS

H 98: BREWERIES TO SELL MALT BEVERAGES ON PREMISES.

    House: Concurred In S/Com Sub

H 115: NORTH CAROLINA HEALTH BENEFIT EXCHANGE (NEW).

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

H 165: PLANNED COMMUNITY & CONDO ACT AMENDS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 183: STUDY HOAS/FORECLOSURES (NEW).

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 200: APPROPRIATIONS ACT OF 2011.

    Senate: Withdrawn From Cal
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Finance
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance
    Senate: Reptd Fav

H 209: AMEND SW FINANCIAL ASSURANCE RQMTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 233: DEPARTMENT OF CORRECTION/EX-OFFENDERS.

    House: Passed 2nd & 3rd Reading

H 242: NAT. GAS/BOND/FEE/LANDOWNER PROTECT'N/STUDY (NEW).

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/31/2011
    House: Amend Adopted 1
    House: Passed 2nd & 3rd Reading
    House: Ordered Engrossed

H 280: COUNTY LAW ENFORCEMENT SERVICE DISTRICT.

    Signed By Gov. 5/31/2011
    Ch. SL 2011-100

H 373: INSURANCE CHANGES TO PAYMENTS & GROUP LIFE.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 439: ALLOW EB LOOK BACK/CONTINUE EXPENDITURES 2011 (NEW).

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

H 474: PROTECT ADULT CARE HOME RESIDENTS.

    Signed By Gov. 5/31/2011
    Ch. SL 2011-99

H 489: MECHANICS LIEN AND BOND LAW CHANGES.

    House: Passed 2nd & 3rd Reading

H 491: REPEAL STATE CAPITAL FACILITIES FINANCE ACT (NEW).

    House: Postponed To 6/7/2011

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

    House: Postponed To 6/1/2011

H 517: MAGISTRATES/CALENDARING (NEW).

    House: Passed 2nd & 3rd Reading

H 586: ENHANCE WATER SUPPLY FUNDING.

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

H 590: AMEND INTERPRETER LAWS/CUED SPEECH.

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

H 603: PAYING OF OVERWEIGHT FINES BY PRIVATE PARTIES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 609: PROMOTE WATER SUPPLY DEVELOPMENT/EFFICIENCY (NEW).

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

H 619: FORCED COMBINATIONS (NEW).

    House: Passed 2nd & 3rd Reading

H 623: ELIMINATE AGENCY FINAL DECISION AUTHORITY.

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

H 642: JUSTICE REINVESTMENT ACT.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 644: ESTABLISH PHARMACY AUDIT RIGHTS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 652: OMNIBUS TRANSPORTATION ACT (NEW).

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

H 654: HOMEOWNER/HOMEBUYER PROTECTION ACT.

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

H 656: ALLOW SHERIFFS' ASSN. IN LGERS (NEW).

    House: Passed 2nd Reading

H 661: CDL/HAZMAT ENDORSEMENT EXPIRATION.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 664: DISCLOSURE/GROUP LIFE INSURANCE.

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

H 685: GOVERNMENT TRANSPARENCY ACT OF 2011.

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

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

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

H 694: ASU WIND DEMONSTRATION PROJECT.

    House: Reptd Fav Com Substitute
    House: Pursuant 38(b)
    House: Re-ref Com On Finance

H 702: ESTAB. MINIMUM WAGE WORKER SCHOLARSHIP FUND (NEW).

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

H 709: PROTECT AND PUT NC BACK TO WORK.

    House: Passed 2nd Reading

H 730: LOCAL BDS OF EDUCATION/403(B) OPTION.

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

H 746: CITIZEN PARTICIPATION ACT.

    House: Assigned To Judiciary Subcommittee A

H 755: STUDY FOX LAWS (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 774: STUDY INSURANCE FOR CONTRACT GROWERS.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 787: NC WATER EFFICIENCY ACT.

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

H 798: FRAUDULENT FIREARM PURCHASE PREVENTION ACT.

    House: Assigned To Judiciary Subcommittee C

H 810: CONSUMER FINANCE ACT AMENDMENTS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 811: ASSESS TRANSPORTATION PROCESS AND FUNDING (NEW).

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

H 816: SPAY/NEUTER ADVISORY BOARD/FUND (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

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

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

H 837: COMPLETION OF CPR BY STUDENTS REQUIRED.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 855: PERSONAL LEARNING PLAN FOR EACH CHILD.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

H 916: STATEWIDE EXPANSION OF 1915(B)/(C) WAIVER.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

S 34: THE CASTLE DOCTRINE.

    House: Assigned To Judiciary Subcommittee C

S 252: DEVISEE/DEVISE/STATUTORY COMMISSION

    House: Assigned To Judiciary Subcommittee A

S 307: SMART CARD BIOMETRICS AGAINST MEDICAID FRAUD.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/1/2011

S 378: ENERGY CROPS FOR BIOFUELS FEEDSTOCKS.

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

S 413: ORDINANCE FIRST READING VOTE.

    House: Assigned To Judiciary Subcommittee B

S 501: SWINE HOUSE RENOVATIONS/SITE LIMITS.

    House: Passed 3rd Reading

S 727: NO DUES CHECKOFF FOR SCHOOL EMPLOYEES.

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

S 730: TAXPAYER ACTION IF NO DOR DETERMINATION.

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

Actions on Bills: 2011-05-31

LOCAL BILLS

H 292: INCORPORATE ROUGEMONT.

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

S 19: UNION FIRE FEE SUNSET REPEALED.

    House: Passed 2nd Reading

S 120: NEW BERN CHARTER AMEDMENTS.

    Senate: Concurred In H/com Sub

S 274: GREENVILLE ALCOHOLIC BEVERAGE TAX.

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

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