The Daily Bulletin: 2011-06-09

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The Daily Bulletin: 2011-06-09

PUBLIC/HOUSE BILLS
H 93 (2011-2012) MODIFY REFUNDABILITY OF EITC. Filed Feb 15 2011, TO MODIFY THE REFUNDABILITY PROVISION OF THE EARNED INCOME TAX CREDIT.

House committee substitute makes the following changes to 1st edition. Deletes all provisions of the previous edition and replaces them with AN ACT TO ALLOW A SELLER TO APPLY OVERCOLLECTED SALES TAX TO OFFSET A USE TAX LIABILITY ON A RELATED TRANSACTION. Rewrites GS 105-164.11(a) to provide that when tax is collected for any period on any taxable sale in excess of the total amount that should have been collected or is collected on an exempt or nontaxable sale, the total amount collected must be remitted to the Secretary of Revenue (Secretary). Provides and details options for the Secretary to take if he or she determines that the seller overcollected the sales tax on a transaction. Makes conforming changes. Effective July 1, 2011, and applies to tax liabilities that accrue on or after that date.

Intro. by Howard, Setzer, Brubaker, Starnes.
H 122 (2011-2012) REV LAWS TECH, CLARIFY., & ADMIN. CHNGS. Filed Feb 16 2011, TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS AND RELATED STATUTES.

House committee substitute makes the following changes to 1st edition.
Deletes Section 8 of the 1st edition.
Section 1 (was Section 16 in the 1st edition) amends GS 105-37.1(a)(1) in SL 2010-31, excluding amenities from general admissions receipts, to apply the exclusion retroactively.
Section 2a (new section) amends GS 105-113.4, governing the cigarette excise tax payment statute, to separately define affiliate as a person who directly or indirectly controls, is controlled by, or is under common control with another person (this definition previously included within the definition of integrated wholesale dealer); and to define affiliated manufacturer as a manufacturer licensed under GS 105-113.12 who is an affiliate of a manufacturer licensed under the same statute.
Section 2b (new section) amends GS 105-113.10, governing tax on tobacco products, to exempt a manufacturer from payment of cigarette tax on cigarettes that are manufactured by an affiliated manufacturer and temporarily stored at and shipped from its facilities.
Section 2c (new section) requires a distributor seeking a refund of cigarette taxes paid on cigarettes that have become stale or otherwise unsalable to return the cigarettes to the manufacturer or affiliated manufacturer to validate quantities and disposal of the cigarettes.
Section 3 is identical to Section 1 of the 1st edition.
Section 4 is identical to Section 2 of the 1st edition.
Section 5 (was Section 3 of the 1st edition) repeals both GS 105-130.4(t2) and GS 105-122(c1(3) (both provisions are obsolete).
Section 6 (new section) amends GS 105-41(a)(8) and (a)(9) to make conforming change to the real estate licensing law to repeal obsolete reference to real estate salesman (all licensees now referred to as real estate broker).
Section 7 (new section) amends GS 105-113.82(a) to delete obsolete definition of net amount that references a repealed statute.
Section 8 (new section) amends GS 105-125(b) to redefine the base for calculating franchise tax base from the basis to capital stock, surplus, and undivided profits base.
Section 9 (new section) amends GS 105-127(f) to specify statutory reference to Part 1 of Article 14 of GS Chapter 55.
Section 10 (new section) amends GS 105-228.8(e) deleting reference to obsolete taxes collected on contracts of insurance applicable to fire and lightning coverage.
Section 11 (new section) amends Section 4 of SL 2011-5 to clarify that changes in that act apply to estates of decedents dying on or after January 1, 2011.
Section 12 (new section) makes changes to provisions in Section 31A.1 of House Bill 200, amending personal taxes that become effective if H200 becomes law, including reenacting GS 105-134.1(19) that is repealed in Section 31A.1.(d) of H200.
Section 13 (new section) amends GS 105-134.6(d)(8) to delete references to net operating losses absorbed on the taxpayer’s federal returns for tax years 2003, 2004, 2005, and 2006.
Section 14 (new section) is reserved.
Section 15 (new section) amends GS 105-164.3 and GS 105-164.14A governing sales tax refunds available to motor sports teams for aviation fuel and tangible personal property that is part of a racing vehicle, and applies changes retroactively.
Section 16 (new section) amends GS 105-164.4(a)(3) to clarify exemption from sales tax for accommodations at schools or camps where the attendee pays to enroll at the school or camp.
Section 17 (new section) identical to Section 4 in 1st edition
Section 18 (was Section 5 of the 1st edition) amends various subsections of GS 105-164.13 to make technical changes to the names of state agencies and public assistance programs listed in the statute; clarifies that prosthetic devises exempt from sales tax are ones for human use; and that exempt installation changes must be separately stated on the invoice at the time of sale.
Section 19 is identical to Section 6 of the 1st edition.
Section 20 modifies Section 7 of the 1st edition to clarify that the changes to GS 105-164.14A apply retroactively to purchases made on or after January 1, 2011.
Section 21 is identical to Section 19 of the 1st edition.
Section 22 modifies Section 9 of 1st edition to clarify that taxpayer liability is calculated at applicable state and local tax rates.
Section 23 is identical to Section 18 of the 1st edition.
Section 24 (new section) clarifies the effective date of SL 2010-91 to make certain changes in that act effective retroactively to sales made on or after October 1, 2007.
Section 25 (new section) makes technical clarifying changes to GS 105-164.6(c) and 105-187.52.
Section 26 (new section) clarifies that taxes for which a refund is allowed are not considered to be an overpayment of tax and does not accrue interest.
Section 27 (new section) amends GS 105-164.15A(a)(1) to clarify that the effective date of a tax change for taxable services that are billed on a monthly basis applies to the first billing period that starts on or after the effective date of the change.
Section 28 (new section) amends GS 105-164.28 to make technical change of the term certificate of resale to the term certificate of exemption.
Section 29 (new section) repeals obsolete GS 105-164.41.
Section 30 is identical to Section 10 of the 1st edition.
Section 31 is identical to Section 11 of the 1st edition.
Section 32 is identical to Section 12 of the 1st edition.
Section 33 is identical to Section 13 of the 1st edition.
Section 34 is identical to Section 21 of the 1st edition.
Section 35 (new section) repeals GS 105-256(a)(7).
Section 36 is identical to Section 16 of the 1st edition.
Section 37 (new section) amends GS 105-228.90(a) to ensure that the definition of person for purposes of the Debt Setoff Collection Act of GS Chapter 105A and for tax purposes under GS Chapter 105 are the same.
Sections 38 and 39 (new sections) are reserved.
Section 40 (new section) amends GS 105-330.4 by adding a new subsection (d) to clarify that property tax payments on registered motor vehicles are deemed to be received as of the postmark date or, if there is no postmark, when the payment is received in the office of the tax collector.
Section 41 is identical to Section 20 of the 1st edition.
Section 42 (new section) clarifies the effective dates of changes in collection of motor vehicle property tax enacted in previous sessions.
Sections 43 and 44 (new sections) are reserved.
Section 45 is identical to Section 14 of the 1st edition.
Section 46 is identical to Section 17 of the 1st edition.
Section 47 (new section) amends GS 58-70-35(a) and GS 143-143.10(a) to require fees paid under those statutes be credited to the Insurance Regulatory Fund established under GS 58-6-25.
Sections 48 and 49 (new sections) are reserved.
Section 50 (new section) makes the act effective when it becomes law unless otherwise specified.

Intro. by Howard, Luebke, Gibson.
H 346 (2011-2012) ELECTIONS OMNIBUS (NEW) Filed Mar 14 2011, RELATING TO POLITICAL ACTION COMMITTEE TREASURER TRAINING AND TO REQUIRE THE FILING OF AN ORGANIZATIONAL REPORT PRIOR TO BEING PLACED ON THE BALLOT.

House amendment makes the following change to 2nd edition. Makes a clarifying change.

Intro. by Randleman.
H 351 (2011-2012) RESTORE CONFIDENCE IN GOVERNMENT. Filed Mar 14 2011, TO RESTORE CONFIDENCE IN GOVERNMENT BY (1) REQUIRING THAT VOTERS PROVIDE PHOTO IDENTIFICATION BEFORE VOTING; (2) REQUIRING CANDIDATES AND TREASURERS TO TAKE IMMEDIATE ACTION TO CORRECT CAMPAIGN FINANCE VIOLATIONS AND REQUIRING LIABILITY OF CANDIDATES FOR CIVIL PENALTIES FOR CAMPAIGN FINANCE VIOLATIONS OF CANDIDATE CAMPAIGN COMMITTEES; (3) LIMITING THE CHAIR OF THE STATE BOARD OF ELECTIONS TO TWO TWO-YEAR TERMS IN THAT OFFICE; (4) PROHIBITING PIECE-WORK PAYMENT FOR VOTER REGISTRATION DRIVES; (5) PREVENTING CONFLICT OF INTEREST AND ITS APPEARANCE INVOLVING POLITICAL CONTRIBUTIONS BY STATE CONTRACTORS; AND (6) ALLOWING VOTERS MORE FLEXIBILITY IN APPLYING FOR ABSENTEE BALLOTS.

House amendment makes the following changes to 3rd edition. Amends Section 1.10(b), modifying the use for which funds collected from the surcharge on attorney membership fees may be used to specify the judicial voter guide provided for under GS 163-278.69, and making the use of the surcharge funds for this purpose applicable to funds collected on or after July 1, 2011 (was August 1, 2011).

Intro. by Lewis, T. Moore, Killian.
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.

Senate committee substitute makes the following changes to 2nd edition. Makes technical change only.

Intro. by Glazier, Rhyne, Ross, McGrady.
H 382 (2011-2012) JUVENILE CODE REVISIONS. Filed Mar 16 2011, AMENDING THE JUVENILE CODE UNDER THE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY.

Senate committee substitute makes the following changes to 2nd edition.
Amends GS 7B-807(a) to allow a record of specific stipulated adjudicatory facts to be made either (1) in a written document signed by each party and stipulating to those facts or (2) by reading the facts into the record, followed by an oral statement of agreement made by each party stipulating to those facts.

Intro. by Jordan, Glazier, Randleman, Stevens.
H 427 (2011-2012) RUN AND YOU'RE DONE. Filed Mar 22 2011, TO PROVIDE FOR THE SEIZURE, FORFEITURE, AND SALE OF MOTOR VEHICLES USED BY DEFENDANTS IN FELONY CASES INVOLVING SPEEDING TO ELUDE ARREST.

Senate committee substitute makes the following changes to 3rd edition. Changes the facts a vehicle owner must establish to the court’s satisfaction to avoid seizure of a vehicle under GS 20-141.5 to be that (1) the defendant was an immediate member of the owner’s family at the time of the offense, (2) the defendant had no prior criminal convictions at the time of the offense and no pending or prior violations of traffic laws under GS Chapter 20 for three years prior to the offense, and (3) the defendant was under the age of 19 at the time of the offense. Also makes technical organizational changes.

Intro. by Faircloth, Folwell, H. Warren, Shepard.
H 512 (2011-2012) RENDERING ACT AMENDMENTS. Filed Mar 29 2011, TO AMEND THE LAWS GOVERNING RENDERING PLANTS AND OPERATIONS AND TO BRING THE COLLECTION AND PROCESSING OF WASTE KITCHEN GREASE WITHIN THE PURVIEW OF THE ACT.

House committee substitute makes the following changes to 2nd edition. Retains the amendments to GS 106-168.5 (clarifying duties of Commissioner upon receipt of application; inspection committee); GS 106-168.8 (requiring proof of liability insurance of $1 million); and new GS 14-79.2 (setting out penalties for larceny of waste kitchen grease). Deletes all other provisions of previous edition. Makes clarifying changes.

Intro. by Torbett.
H 514 (2011-2012) UNIFORM MILITARY AND OVERSEAS VOTERS ACT. Filed Mar 29 2011, TO ADOPT PROVISIONS OF THE UNIFORM MILITARY AND OVERSEAS VOTERS ACT PROMULGATED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAW, WHILE RETAINING EXISTING NORTH CAROLINA LAW MORE BENEFICIAL TO THOSE VOTERS.

Senate committee substitute makes the following changes to 2nd edition.
Amends GS 163-82.10(a) to provide that an electronic mail address (e-mail) submitted under proposed Article 21A of GS Chapter 163 is included among the voter registration data that is confidential, not considered a public record, and not subject to disclosure to the general public under GS Chapter 132. Makes technical changes.

Intro. by Martin, Killian
H 594 (2011-2012) FUNCTIONALLY EQUIVALENT WASTEWATER SYSTEMS. Filed Apr 4 2011, TO AUTHORIZE THE COMMISSION FOR PUBLIC HEALTH TO DESIGNATE AS AN ACCEPTED ON SITE SUBSURFACE WASTEWATER SYSTEM ANY WASTEWATER SYSTEM THAT IS SHOWN BY THE CERTIFIED DOCUMENTATION OF AN INDEPENDENT, THIRD PARTY ENGINEERING OR TESTING LABORATORY TO BE FUNCTIONALLY EQUIVALENT TO AN ACCEPTED ON SITE SUBSURFACE WASTEWATER SYSTEM.

Senate committee substitute makes the following changes to 2nd edition.
Amends subsection (g1) of GS 130A-343, adding the provision that the wastewater trench system must provide a field installed system storage volume equal to or greater than the field installed system storage volume of the accepted waste water trench system as a requirement. Deletes performance characteristics requirements relating to a wastewater trench system containing synthetic aggregate and relating to national certifications.

Intro. by Hilton, Gillespie.
H 606 (2011-2012) SHERIFF/INSPECT PRESCRIPTION DRUG RECORDS. Filed Apr 4 2011, TO PROVIDE THAT A SHERIFF OR A DESIGNATED DEPUTY SHERIFF INVESTIGATING THE DIVERSION AND ILLEGAL USE OF CONTROLLED SUBSTANCES MAY INSPECT PRESCRIPTION AND PHARMACEUTICAL RECORDS AND MAY ALSO OBTAIN DATA IN THE CONTROLLED SUBSTANCE REPORTING SYSTEM MAINTAINED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.

House amendments make the following changes to 2nd edition. Amendment #1 makes a clarifying change. Amendment #2 provides that the term sheriff, as used in the act, includes the chief of the Gaston County Police Department, and that deputy sheriff includes any sworn officer of the Gaston County Police Department.

Intro. by McElraft, Randleman, McLawhorn.
H 619 (2011-2012) FORCED COMBINATIONS (NEW). Filed Apr 5 2011, TO AMEND THE NORTH CAROLINA PHYSICAL THERAPY PRACTICE ACT BY PROVIDING FOR PROFESSIONAL ASSOCIATION BUSINESS ORGANIZATION STATUS FOR PHYSICAL THERAPISTS AND SOME ASSOCIATED PROFESSIONALS, CLARIFYING THE DEFINITION OF PHYSICAL THERAPY AIDE, AUTHORIZING THE NORTH CAROLINA BOARD OF PHYSICAL THERAPY EXAMINERS TO CONDUCT CRIMINAL BACKGROUND CHECKS OF APPLICANTS FOR LICENSURE, AND MAKING OTHER MODERNIZING STATUTORY CHANGES.

Senate committee substitute reported in on 6/8/11 makes the following changes to 2nd edition. Deletes all provisions of the previous edition and replaces them with AN ACT TO SPECIFY THE SECRETARY OF REVENUES’ AUTHORITY TO ADJUST THE NET INCOME OF A CORPORATION OR TO REQUIRE A CORPORATION TO FILE A COMBINED RETURN. Repeals GS 105-130.6, concerning the taxation of net income of a corporation that is a parent, subsidy, or is affiliated with another corporation. Enacts new GS 105-130.5A to provide the Secretary of Revenue (Secretary) the authority to adjust net income or require a combined return of corporations under specified circumstances. Provides procedure for the Secretary to acquire information from a corporation when he or she has reason to believe that any corporation has failed to accurately report state income properly attributed to its business. Provides that upon review of such information, if the Secretary finds a corporation is failing to accurately report its state income properly attributed to its business, the Secretary may adjust the corporation’s net income, or if such adjustments are inadequate, require the corporation to file a return that reflects the net income on a combined basis of all members of its affiliated group that are conducting a unitary business. Details authority of the Secretary, procedure, requirements, definitions, and rights of the taxpayer, for the combined return and adjustment of income. Enacts new GS 105-264(d) to allow the Secretary to charge a fee, not less than $100 and not more than $5,000, for providing specific written advice at the request of the taxpayer. Makes conforming changes. Extends the date by which the Department of Revenue (Department) must issue a final determination under GS 105-241.14 for any request for review pending as of the effective date of the act under GS 105-130.6 to June 30, 2012. Effective when the act becomes law and applies to assessments and requests for refunds which have not become final by the issuance of a final decision of the Department in a contested case commenced at the Office of Administrative Hearings pursuant to GS 105-241.15 as of the effective date. Does not apply to taxes and penalties that are the subject of pending litigation in the General Court of Justice as of the effective date and is not to be construed to affect the interpretation of any statute that is the subject of pending litigation in the General Court of Justice or an appeal from a final decision by the Court of General Justice, or to affect any other aspect of such pending litigation.

Intro. by Howard, McLawhorn, Carney, Ingle.
H 642 (2011-2012) JUSTICE REINVESTMENT ACT. Filed Apr 5 2011, TO IMPLEMENT CERTAIN RECOMMENDATIONS OF THE JUSTICE REINVESTMENT PROJECT, AND TO PROVIDE THAT THE ACT SHALL BE ENTITLED "THE JUSTICE REINVESTMENT ACT OF 2011.”

Senate committee substitute makes the following changes to 4th edition.
Amends GS 164-44(a) to direct for the purposes of GS 114-19.1 (includes definition administration of criminal justice), the North Carolina Sentencing and Policy Advisory Commission is considered to be engage in the administration of criminal justice. Makes technical corrections.

Intro. by Guice, Faircloth, Bordsen, Parmon.
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.

Senate committee substitute makes the following changes to 2nd edition. Amends GS 58-71-82 to add additional language clarifying that nothing in the Article is to be construed to prohibit a person from simultaneously holding a professional bondsman's license and a runner's license.
Amends GS 15A-544.5(d)(1) to provide, in addition to a defendant or any surety, that the following parties may make a written motion under the statute: (1) a professional bondman or a runner acting on behalf of a professional bondsman and (2) a bail agent acting on behalf of an insurance company. Makes similar changes to GS 15A-544.8(c)(1). These provisions are effective December 1, 2011.
Amends GS 15A-544.5(d)(4) to clarify that if a proper written objection to a motion that forfeiture be set aside has not been filed within 20 days of service of the forfeiture motion, the clerk must enter an order setting aside forfeiture, regardless of the basis for relief asserted in the motion, the evidence attached, or the absence of either.
Adds whereas clauses to the act. Makes other clarifying changes.

Intro. by Randleman.
H 710 (2011-2012) BD. OF ETHICS, LOBBYING, AND CAMPAIGN FINANCE. Filed Apr 6 2011, TO COMBINE THE FUNCTIONS OF THE STATE ETHICS COMMISSION, THE LOBBYING SECTION OF THE SECRETARY OF STATE, AND THE CAMPAIGN FINANCE DIVISION OF THE STATE BOARD OF ELECTIONS INTO AN AGENCY TO BE KNOWN AS THE STATE BOARD OF ETHICS, LOBBYING, AND CAMPAIGN FINANCE.

House committee substitute, reported in on 6/8/11, makes the following changes to the 1st edition.
Section 1 Makes a number of technical codification and conforming changes throughout this section. Additional changes are as follows:
(a) Subchapter I: General Provisions
Amends GS 163A-1(b) to provide that members of the State Board of Ethics, Lobbying, and Campaign Finance (the “State Board”) who are appointed by the General Assembly may be removed from office by the Governor for nonfeasance where the member fails to attend an officially called meeting of the State Board and the member’s continued absence for three days thereafter results in the lack of a quorum pursuant to GS 163A-2(c).
Amends GS 163A-2(a) to require the State Board to meet monthly in addition to meeting upon the call of the chair.
Amends GS 163A-4(a) to clarify that the State Board has all powers and duties (was, general supervision) over lobbying, ethics, and campaign finance regulation.
Amends GS 163A-5 to delete previous language relating to temporary rules and regulations adopted by the State Board, and reserves this section for future codification.
Establishes new GS 163A-11 requiring the State Board to cooperate and share information with the State Board of Elections, the Judicial Standards Commission, and the Legislative Ethics Committee when requested to do so. Requires the State Board to certify to the appropriate board of elections a successful candidate’s compliance with state campaign finance regulations. Requires the State Board to redact identifying information from any formal advice rendered and publish redacted formal advisory opinions.
(b) Subchapter II: Ethics and Lobbying
Rewrites this subchapter to include language substantially similar to Article 1 of GS Chapter 163A and GS 163A-208 through GS 163A-210 as contained in Section 1 of Senate Bill 772 (1st edition), except amends GS 163A-250 by adding a new subsection (10) requiring the State Board to perform systematic reviews of lobbyist, lobbyist principal, and liaison personnel reportable expenditure reports.
Reserves the following sections of this subchapter for future codification: GS 163A-209 through GS 163A-249, and Articles 6 through 9 of GS Chapter 163A.
(c) Subchapter III: Reserved
Reserves this subchapter (Articles 10 through 44 of GS Chapter 163A) for future codification.
(d) Subchapter IV: Campaign Finance Regulation
Establishes a new Article 45 of GS Chapter 163A relating to the regulation of campaign finance, and recodifies related sections and Articles of Chapter 163 into the new Article 45.
Sections 2 through 30 make technical, conforming, and recodification changes consistent with Section 1 of the bill.
Section 31 authorizes the Joint Legislative Elections Oversight Committee to study the budgets, programs and policies of the State Board and county boards of elections to determine ways in which to improve campaign finance regulation.
Section 32 amends GS 143B-417(1) to add the State Board to the list of state agencies and offices to which the North Carolina Internship Council of the Department of Administration allocates student interns.
Section 33 amends GS 147-64.6B to make technical conforming changes.
Section 34 repeals GS 150B-1(d)(16) (which exempted the State Ethics Commission from rule-making requirements under Article 2 of Chapter 150B).
Section 35 amends GS 150B-38(a)(6) to make technical conforming changes.
Sections 36 through 40 provide that ongoing investigations, hearings, actions, and proceedings being conducted by the State Ethics Commission, State Board of Elections, and the Secretary of State are not affected or abated by the enactment of this legislation and may be carried forward by the State Board. Keeps in effect all policies, rules, regulations, evaluations, and determinations rendered by the State Ethics Commission, State Board of Elections, and the Secretary of State until modified or rescinded by the State Board.
Sections 41 and 44 through 46 provide for administrative and budget transfers of personnel and assets of the State Ethics Commission, the State Board of Elections, and the Office of the Secretary of State to the State Board consistent with the consolidation provisions of the act.
Section 42 requires the State Board to adopt rules regarding investigations and hearings within 6 months of its initial appointment.
Section 43 provides that, until such time as the State Board appoints its Executive Director, the director of the Division of Campaign Finance, Division of Ethics, or Division of Lobbying with the most state service will serve as the acting Executive Director.
Section 47 provides that the State Board will be appointed and begin work on or before October 1, 2011, but actions taken by the State Board prior to January 1, 2012, do not become effective until that date or a later date as specified by the State Board.
Section 47.5 requires the Speaker of the House and President Pro Tempore of the Senate to select one of their appointees from a list of 3 names submitted by the minority leaders of their respective chambers. Requires the Governor to select one appointee from a list of three names submitted by the executive committee of the opposite political party.
Section 48 requires the State Board to report any recommendations for statutory changes necessary to further implement the consolidation to the Joint Legislative Elections Oversight Committee and the Legislative Ethics Committee on specified dates in 2012 and 2013.
Section 49 revises the effective date of the 1st edition to make most provisions effective January 1, 2012 (Sections 47 and 47.5 become effective when the act becomes law).

Intro. by Lewis.
H 721 (2011-2012) LANDLORD/TENANT/BEDBUG LIABILITY. Filed Apr 6 2011, REQUIRING LANDLORDS AND TENANTS TO TAKE CERTAIN ACTIONS TO EXTERMINATE BEDBUGS IN DWELLING UNITS.

House committee substitute makes the following changes to 1st edition.
Amends subdivision (9) of GS 42-42(a) to clarify that prior to leasing the premises, the landlord may obtain an inspection from a licensee under GS 106-65.24(15). Provides that the written inspection report serves as evidence of the landlord’s compliance with the inspection requirements of this subdivision. Declares that subdivision (9) and proposed GS 42-43.1 contain the sole and exclusive duties of a landlord relating to an infestation of bedbugs. Prohibits any other subsection of GS 42-42 from being construed to impose any duties or obligations on a landlord relating to an infestation of bedbugs.
Adds definitions for the following terms as used in proposed GS 42-43.1: (1) licensee has the same meaning as in GS 106-65.24(15), any person qualified for and holding a license for any phase of structural pest control and (2) neighboring units means immediately adjoining rental units that share a common wall or floor or ceiling with the premises.
Makes conforming changes, replacing the term licensed pest control company with licensee. Amends proposed GS 42-43.1 to confer responsibility on the landlord for contracting with a licensee to exterminate bedbugs if the landlord did not get an inspection from a licensee under GS 42-42(a)(9) and the tenant took initial possession of the premises less than 60 days (was, less than 30 days) before the landlord provided written notice of the inspection to the tenant. Also provides that if the landlord obtained an inspection from a licensee or at least 60 days (was, at least 30 days) have passed since the tenant took initial possession of the premises, it is the tenant’s responsibility to have the bedbugs on the premises exterminated.
Asserts that GS 42-42(a)(9), GS 42-43(a)(8), and proposed GS 42-43.1 comprise the sole and exclusive duties and responsibilities of North Carolina’s landlords and tenants relating to a bedbug infestation. Prohibits cities and municipalities from enacting or enforcing any law or ordinance that creates any additional duty or remedy for landlords or tenants relating to an infestation of bedbugs, except as provided in the specified statutes.
Makes organizational changes.
Effective October 1, 2011 (was, effective when it becomes law).

Intro. by McCormick.
H 730 (2011-2012) LOCAL BDS OF EDUCATION/403(B) OPTION. Filed Apr 6 2011, TO AUTHORIZE THE DEPARTMENT OF STATE TREASURER TO CREATE A CENTRALIZED 403(B) RETIREMENT ANNUITY PLAN AS AN OPTION FOR EMPLOYEES OF LOCAL BOARDS OF EDUCATION.

House amendment makes the following change to 2nd edition. Makes technical change only.

Intro. by Fisher.
H 841 (2011-2012) GLOBAL TRANSPARK GOV. REFORM AND LOAN REPAYMENT (NEW). Filed Apr 6 2011, TO PROVIDE THAT THE PROGRAM EVALUATION DIVISION OF THE NORTH CAROLINA GENERAL ASSEMBLY SHALL CONDUCT A COMPREHENSIVE PROGRAM AND FINANCIAL REVIEW OF THE NORTH CAROLINA GLOBAL TRANSPARK AUTHORITY.

House amendment makes the following changes to 2nd edition. Deletes provision transferring $17.5 million from the General Fund to the Escheat Fund as payment on the outstanding loan to the Global Transpark Authority (Authority), and instead appropriates to Statewide Reserves $17.5 million for the Escheat Fund. Directs the Office of State Budget and Management to remit to the Escheat Fund $17.5 million as payment of the outstanding loan to the Authority. Deletes provision reducing the appropriation for the UNC Need-Based Financial Aid Program by $17.5 million. Adds a section providing that, if House Bill 200 (Appropriations Act of 2011) becomes law, then Section 2.1 of HB 200 is rewritten to decrease the appropriation to Related Educational Programs and add a $17.5 million appropriation to the Escheat Fund. Makes conforming changes.

Intro. by Howard.
H 867 (2011-2012) REMOTE RETAILER CLICK-THROUGH STUDY (NEW). Filed Apr 20 2011, TO REPEAL THE CLICK-THROUGH PROVISION AND TO ELIMINATE A REMOTE RETAILER'S OBLIGATION TO COLLECT SALES TAX BASED ON AFFILIATE CONTRACTS WITH NORTH CAROLINA RESIDENTS.

House committee substitute makes the following changes to 1st edition. Rewrites the 1st edition in its entirety to authorize the Revenue Laws Study Committee to study the click-through provision and a remote retailer’s obligation to collect sales tax based on affiliate contracts with North Carolina residents. Authorizes the Committee to report to the 2012 regular session. Makes conforming changes to the title.

Intro. by Starnes.
H 877 (2011-2012) CHECK OFF DONATION: GOVERNMENT FUNDING. Filed May 2 2011, TO PROVIDE SPACE ON THE INCOME TAX RETURN FOR INDIVIDUALS TO MAKE DONATIONS TO THE STATE OF NORTH CAROLINA FOR GOVERNMENTAL SERVICES.

House committee substitute makes the following changes to 1st edition. Rewrites the 1st edition in its entirety to direct the Revenue Laws Study Committee to study the issue of allowing individuals to make elections on their income tax return to donate all or part of their tax refund to the State of North Carolina and various specified agencies. Authorizes report to the General Assembly. Makes conforming changes to the title.

Intro. by Stevens, Blust, Folwell, Cleveland.
H 935 (2011-2012) RESCIND CONSTITUTIONAL CONVENTION CALLS. Filed Jun 9 2011, TO REPEAL PAST JOINT RESOLUTIONS OF THE NORTH CAROLINA GENERAL ASSEMBLY CALLING FOR A FEDERAL CONSTITUTIONAL CONVENTION BECAUSE OF CONCERNS THAT SUCH A CONSTITUTIONAL CONVENTION COULD NOT BE LIMITED.

As title indicates.

Intro. by Jordan.JOINT RES

The Daily Bulletin: 2011-06-09

PUBLIC/SENATE BILLS
S 8 (2011-2012) NO CAP ON NUMBER OF CHARTER SCHOOLS. Filed Jan 27 2011, TO REMOVE THE CAP ON THE NUMBER OF CHARTER SCHOOLS.

Conference report recommends the following changes to 6th edition to reconcile matters in controversy.
Deletes the provisions of the 6th edition and replaces it with AN ACT TO REMOVE THE CAP ON CHARTER SCHOOLS; TO ALLOW STATE BOARD OF EDUCATION DISCRETION IN GRANTING FINAL APPROVAL OF CHARTER SCHOOL APPLICATIONS; TO RAISE THE ENROLLMENT GROWTH CAP TO TWENTY PERCENT; TO PERMIT CHARTER SCHOOLS TO CHARGE FEES CHARGED BY THE LOCAL SCHOOL ADMINISTRATIVE UNIT; TO STRENGTHEN THE STANDARDS FOR RETAINING A CHARTER FOR A CHARTER SCHOOL; AND TO REQUIRE THE STATE BOARD OF EDUCATION TO REPORT TO THE GENERAL ASSEMBLY ON CHARTER SCHOOLS.
Amends GS 115C-238.29D(a) to provide that the State Board of Education (SBE) may (was, shall) grant final approval of a charter school application if it finds that the application meets the specified requirements and achieves one or more of the purposes set out in GS 115C-238.29A.
Repeals GS 115C-238.29D(b), which effectively removes the cap on the number of charter schools allowed per local school administrative unit (LEA) and the total allowed statewide. Makes a conforming change to GS 115C-105.37B(a)(2).
Amends GS 115C-238.29D(d) to increase the enrollment growth cap for a charter school to 20% (was, 10%). Provides that the SBE may approve additional enrollment growth of greater than 20% (was, 10%) based on specified findings.
Amends GS 115C-238.29F(b) to make an exception that allows a charter school to charge any fees that are charged by the LEA in which the charter school is located.
Amends GS 115C-238.29G by adding a new subsection (a1) to direct the SBE (1) to adopt criteria for adequate performance by a charter school and (2) to identify charter schools with inadequate performance. Provides that the criteria include a requirement that a charter school that shows no growth in student performance and has annual performance composites below 60% for any two years out of a three-year period be identified as inadequate. Requires that a charter school deemed inadequate during its first five years of the charter develop a strategic plan to meet specific goals for student performance to be reviewed and approved by the SBE. Authorizes the SBE to terminate or not renew a charter for failure to show improvement under the strategic plan. Also authorizes the SBE to terminate or not renew a charter if the charter school has been identified as inadequate and has had a charter for more than five years.
Includes reporting requirements for the SBE, specifying submission of a preliminary report on the implementation of this act by May 10, 2012, and a final report by June 11, 2012.
Effective July 1, 2011.

Intro. by Stevens
S 33 (2011-2012) MEDICAL LIABILITY REFORMS. Filed Feb 2 2011, TO REFORM THE LAWS RELATING TO MEDICAL LIABILITY BY PROVIDING LIMITED PROTECTION FROM LIABILITY TO THOSE PROVIDING EMERGENCY MEDICAL CARE, BY AUTHORIZING THE BIFURCATION OF TRIALS ON ISSUES OF LIABILITY AND DAMAGES IN CERTAIN ACTIONS, BY LIMITING THE AMOUNT OF NONECONOMIC DAMAGES THAT MAY BE AWARDED, BY AUTHORIZING THE PERIODIC PAYMENT OF FUTURE ECONOMIC DAMAGES IN LIEU OF A LUMP-SUM PAYMENT, AND BY MODIFYING APPEAL BONDS IN MEDICAL MALPRACTICE ACTIONS. This act is effective October 1, 2011.

Conference report recommends the following changes to 5th edition to reconcile matters in controversy. Amends Rule 9(j), clarifying that the pleading must assert specified information pertaining to the alleged negligence (was, alleged negligence and resulting injuries). Rewrites proposed GS 90-21.12(b) to provide that a claimant must prove a violation of the standards of practice set forth in subsection (a) of the statute by clear and convincing evidence in any medical malpractice action arising out of the furnishing or failure to furnish professional services in the treatment of an emergency medical condition, as defined (previously, services specifically in a hospital emergency room).
Amends proposed GS 90-21.19 to add additional language providing that judgment against any defendant for noneconomic damages is capped at $500,000 for all claims brought by all parties arising out of the same professional services. Provides that there is no limit on the amount of noneconomic damage for which judgment may be entered if the trier of fact finds that: (1) the plaintiff suffered disfigurement, loss of use of part of the body, permanent injury or death; and (2) the defendant’s acts or failures, which caused the plaintiff’s injuries, were committed in reckless disregard of the rights of others, grossly negligent, fraudulent, intentional, or with malice. Adds additional language to direct the Administrative Office of the Courts to inform the Revisor of Statutes of the reset limitation and directs the Revisor of Statutes to publish this reset limitation as an editor’s note to the statute. Adds same professional services as a defined term in the statute.
Provides that if the provision of the act concerning the limit for noneconomic damages is declared to be unconstitutional or otherwise invalid, then the provision of the act concerning verdicts or awards specifying what amount is awarded for noneconomic damages, is repealed (previously also provided for the repeal of provision concerning actions commenced by persons on behalf of minors).
Makes other clarifying changes.

Intro. by Apodaca, Brown, Rucho.
S 94 (2011-2012) PSAPS TECH STANDARDS/HABITUAL MISD LARCENY (NEW). Filed Feb 21 2011, TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE.

Senate committee substitute makes the following changes to 2nd edition. Deletes all provisions of the previous edition and replaces them with AN ACT TO ALLOW THE RENEWABLE ENERGY TAX CREDIT TO BE ALLOCATED BY A PASS-THROUGH ENTITY TO ITS OWNERS AND TO CHANGE THE DEFINITION OF COST. Rewrites GS 105-129.15(2) to include in the definition of cost property leased by the taxpayer. Provides that in the case of property leased by the taxpayer, pursuant to a lease agreement entered into on or before December 31, 2011, the taxpayer may elect to determine cost as value determined pursuant to GS 105-130.4(j)(2); removes the restriction against doing so if the property is renewable energy property for which the taxpayer claims either a federal energy credit or a federal grant and makes a lease pass through election.
Amends GS 105-129.16A to create new subsection (a1), which provides and details that a qualifying pass-through entity may allocate the credit among any of its owners so long as the owners meet specified criteria. Effective for taxable years beginning on or after January 1, 2012.

Intro. by Hartsell, Tillman, Newton.
S 236 (2011-2012) ADOPT STATE BUTTERFLY; FESTIVALS (NEW). Filed Mar 7 2011, RELATING TO THE 9TH SENATORIAL DISTRICT.

Senate committee substitute makes the following changes to 1st edition. Deletes all provisions of previous edition and replaces them with AN ACT TO GIVE PRIORITY TO LOCAL EVENTS AT SPECIFIED PUBLICLY OWNED CONVENTION CENTERS. Directs any public owner/operator to promulgate and enforce booking policies for its publicly owned convention facility which accommodates the needs of local sponsors. Directs that such policies provide a higher priority for local events over external events, but that this requirement is not to be interpreted to require priority for local events over priority categories based on utilization of 500 or more hotel room nights. Provides and details requirements which must be included in any booking policy and any management agreement entered into by the public owner/operator. Provides definitions applicable to the act.

Intro. by Goolsby.
S 267 (2011-2012) REV LAWS TECH, CLARIFY., & ADMIN. CHANGES. Filed Mar 8 2011, TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS AND RELATED STATUTES.

Senate committee substitute makes the following changes to 1st edition.
Deletes Section 8 of the 1st edition.
Section 1 (was Section 16 in the 1st edition) amends GS 105-37.1(a)(1) in SL 2010-31, excluding amenities from general admissions receipts, to apply the exclusion retroactively.
Section 2a (new section) amends GS 105-113.4, governing the cigarette excise tax payment statute, to separately define affiliate as a person who directly or indirectly controls, is controlled by, or is under common control with another person (this definition previously included within the definition of integrated wholesale dealer); and to define affiliated manufacturer as a manufacturer licensed under GS 105-113.12 who is an affiliate of a manufacturer licensed under the same statute.
Section 2b (new section) amends GS 105-113.10, governing tax on tobacco products, to exempt a manufacturer from payment of cigarette tax on cigarettes that are manufactured by an affiliated manufacturer and temporarily stored at and shipped from its facilities.
Section 2c (new section) requires a distributor seeking a refund of cigarette taxes paid on cigarettes that have become stale or otherwise unsalable to return the cigarettes to the manufacturer or affiliated manufacturer to validate quantities and disposal of the cigarettes.
Section 3 is identical to Section 1 of the 1st edition.
Section 4 is identical to Section 2 of the 1st edition.
Section 5 (was Section 3 of the 1st edition) repeals both GS 105-130.4(t2) and GS 105-122(c1(3) (both provisions are obsolete).
Section 6 (new section) amends GS 105-41(a)(8) and (a)(9) to make conforming change to the real estate licensing law to repeal obsolete reference to real estate salesman (all licensees now referred to as real estate broker).
Section 7 (new section) amends GS 105-113.82(a) to delete obsolete definition of net amount that references a repealed statute.
Section 8 (new section) amends GS 105-125(b) to redefine the base for calculating franchise tax base from the basis to capital stock, surplus, and undivided profits base.
Section 9 (new section) amends GS 105-127(f) to specify statutory reference to Part 1 of Article 14 of GS Chapter 55.
Section 10 (new section) amends GS 105-228.8(e) deleting reference to obsolete taxes collected on contracts of insurance applicable to fire and lightning coverage.
Section 11 (new section) amends Section 4 of SL 2011-5 to clarify that changes in that act apply to estates of decedents dying on or after January 1, 2011.
Section 12 (new section) makes changes to provisions in Section 31A.1 of House Bill 200, amending personal taxes that become effective if H200 becomes law, including reenacting GS 105-134.1(19) that is repealed in Section 31A.1.(d) of H200.
Section 13 (new section) amends GS 105-134.6(d)(8) to delete references to net operating losses absorbed on the taxpayer’s federal returns for tax years 2003, 2004, 2005, and 2006.
Section 14 (new section) is reserved.
Section 15 (new section) amends GS 105-164.3 and GS 105-164.14A governing sales tax refunds available to motor sports teams for aviation fuel and tangible personal property that is part of a racing vehicle, and applies changes retroactively.
Section 16 (new section) amends GS 105-164.4(a)(3) to clarify exemption from sales tax for accommodations at schools or camps where the attendee pays to enroll at the school or camp.
Section 17 (new section) identical to Section 4 in 1st edition
Section 18 (was Section 5 of the 1st edition) amends various subsections of GS 105-164.13 to make technical changes to the names of state agencies and public assistance programs listed in the statute; clarifies that prosthetic devises exempt from sales tax are ones for human use; and that exempt installation changes must be separately stated on the invoice at the time of sale.
Section 19 is identical to Section 6 of the 1st edition.
Section 20 modifies Section 7 of the 1st edition to clarify that the changes to GS 105-164.14A apply retroactively to purchases made on or after January 1, 2011.
Section 21 is identical to Section 19 of the 1st edition.
Section 22 modifies Section 9 of 1st edition to clarify that taxpayer liability is calculated at applicable state and local tax rates.
Section 23 is identical to Section 18 of the 1st edition.
Section 24 (new section) clarifies the effective date of SL 2010-91 to make certain changes in that act effective retroactively to sales made on or after October 1, 2007.
Section 25 (new section) makes technical clarifying changes to GS 105-164.6(c) and 105-187.52.
Section 26 (new section) clarifies that taxes for which a refund is allowed are not considered to be an overpayment of tax and does not accrue interest.
Section 27 (new section) amends GS 105-164.15A(a)(1) to clarify that the effective date of a tax change for taxable services that are billed on a monthly basis applies to the first billing period that starts on or after the effective date of the change.
Section 28 (new section) amends GS 105-164.28 to make technical change of the term certificate of resale to the term certificate of exemption.
Section 29 (new section) repeals obsolete GS 105-164.41.
Section 30 is identical to Section 10 of the 1st edition.
Section 31 is identical to Section 11 of the 1st edition.
Section 32 is identical to Section 12 of the 1st edition.
Section 33 is identical to Section 13 of the 1st edition.
Section 34 is identical to Section 21 of the 1st edition.
Section 35 (new section) repeals GS 105-256(a)(7).
Section 36 is identical to Section 16 of the 1st edition.
Section 37 (new section) amends GS 105-228.90(a) to ensure that the definition of person for purposes of the Debt Setoff Collection Act of GS Chapter 105A and for tax purposes under GS Chapter 105 are the same.
Sections 38 and 39 (new sections) are reserved.
Section 40 (new section) amends GS 105-330.4 by adding a new subsection (d) to clarify that property tax payments on registered motor vehicles are deemed to be received as of the postmark date or, if there is no postmark, when the payment is received in the office of the tax collector.
Section 41 is identical to Section 20 of the 1st edition.
Section 42 (new section) clarifies the effective dates of changes in collection of motor vehicle property tax enacted in previous sessions.
Sections 43 and 44 (new sections) are reserved.
Section 45 is identical to Section 14 of the 1st edition.
Section 46 is identical to Section 17 of the 1st edition.
Section 47 (new section) amends GS 58-70-35(a) and GS 143-143.10(a) to require fees paid under those statutes be credited to the Insurance Regulatory Fund established under GS 58-6-25.
Sections 48 and 49 (new sections) are reserved.
Section 50 (new section) makes the act effective when it becomes law unless otherwise specified.

Intro. by Clodfelter, Hartsell, Tillman.
S 518 (2011-2012) LANDLORD/STATE BAR NOTICE OF LEASE DEFAULT (NEW). Filed Apr 5 2011, TO PROTECT CONSUMERS BY REQUIRING BUYER'S CHOICE OF TITLE INSURER AND SETTLEMENT AGENT.

Senate committee substitute makes the following changes to 1st edition. Replaces proposed GS 45-45.3 with new proposed GS 45-45.3 providing that a buyer of residential property has the right to select the title insurer and closing attorney of the buyer’s choice. Provides that the statute does not prohibit a buyer from agreeing to accept the services of a title insurer and/or closing attorney selected or designated by the acquiring party to be used in the transaction if written notice of the right to make an independent selection of those services is first provided to the buyer by the acquiring party, as detailed. Provides that a transaction is not to be invalidated because of the failure of any person to comply with the provisions of the statute. Provides applicable definitions. Makes conforming changes to the title.
Effective when the act becomes law and applies to all sales placed under a sales contract on or after that date.

Intro. by Vaughan, Stein.
S 552 (2011-2012) INCENTIVE PROGRAM FOR PUBLIC HEALTH IMPROV. Filed Apr 11 2011, TO PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE LOCAL PUBLIC HEALTH DELIVERY SYSTEM BY DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CREATE INCENTIVES FOR SMALL COUNTY HEALTH DEPARTMENTS TO BECOME REGIONAL PUBLIC HEALTH AUTHORITIES.

Senate amendment No. 2 makes the following changes to 2nd edition, as amended. Amends GS 130A-34.3 by deleting the requirement that a local health department have service area that includes a population of at least 75,000 from the eligibility criteria for receipt of state and federal public health funding; renumbers remaining criteria accordingly and makes a conforming change.

Intro. by Hartsell.
S 593 (2011-2012) GOVERNMENT REDUCTION ACT (NEW). Filed Apr 13 2011, TO REPEAL THE ANDREW JACKSON HISTORIC MEMORIAL COMMITTEE.

House amendments make the following changes to 2nd edition. Amendment #1 deletes the provision from previous edition concerning the Joint Legislative Joining Our Businesses and Schools Study Commission. Amendment #2 deletes the provision from previous edition concerning the Executive Mansion Fine Arts Committee.

Intro. by Clary, Brock, Soucek.
S 597 (2011-2012) BEHAVIORAL HEALTH SERVICES FOR MILITARY (NEW). Filed Apr 13 2011, TO ENSURE THAT THE BEHAVIORAL HEALTH NEEDS OF MEMBERS OF THE MILITARY, VETERANS, AND THEIR FAMILIES ARE MET.

Senate committee substitute reported in on 6/8/11 makes the following changes to the 1st edition.
Deletes the following appropriations: (1) $1.47 million for fiscal years 2011-12 and 2012-13 from the General Fund to the Department of Crime Control and Public Safety; (2) $250,000 for fiscal year 2011-12 from the General Fund to the Area Health Education Centers; and (3) $500,000 for fiscal years 2011-12 and 2012-13 from the General Fund to the North Carolina Office of Rural Health and Community Care of the Department of Health and Human Services. Makes conforming and organizational changes as needed. Makes a conforming change to the title.

Intro. by Purcell.
S 656 (2011-2012) RIGHT TO CHOOSE PHYSICAL THERAPIST. Filed Apr 19 2011, TO ENSURE THAT PATIENTS HAVE THE RIGHT TO CHOOSE THEIR PHYSICAL THERAPISTS UNDER THEIR HEALTH BENEFIT PLANS.

Senate committee substitute makes the following changes to 1st edition. Makes clarifying change to the effective date of Section 2 (amending GS 135-48.51(12) as enacted by SL 2011-85 to make this change effective January 1, 2012; the remainder of the bill becomes effective October 1, 2011.

Intro. by Davis.
S 679 (2011-2012) DEEDS OF TRUST/MODERNIZE PROCEDURES (NEW). Filed Apr 19 2011, TO STRENGTHEN THE LAW PROHIBITING COCKFIGHTING AND RELATED ACTIVITIES.

Senate amendment makes the following changes to 2nd edition as amended. Removes previous amendment #1, which included a bail bondsman in the definition of law enforcement officer. Rewrites proposed GS 14-51.2 to include new subsection (e1) providing that a person who uses force, as permitted in the statute, is justified in using such force and is immune from civil or criminal liability for the use of such force unless the person against whom the force is used is a bail bondsman acting in the lawful performance of his or her official duties, and who has made his or her status as a bail bondsman known or the person using force should have known the individual was a bail bondsman.

Intro. by Newton.
S 709 (2011-2012) ENERGY JOBS ACT. Filed Apr 19 2011, TO INCREASE ENERGY PRODUCTION IN NORTH CAROLINA TO DEVELOP A SECURE, STABLE, AND PREDICTABLE ENERGY SUPPLY TO FACILITATE ECONOMIC GROWTH, JOB CREATION, AND EXPANSION OF BUSINESS AND INDUSTRY OPPORTUNITIES AND TO ASSIGN FUTURE REVENUE FROM ENERGY EXPLORATION, DEVELOPMENT, AND PRODUCTION OF ENERGY RESOURCES IN ORDER TO PROTECT AND PRESERVE THE STATE'S NATURAL RESOURCES, CULTURAL HERITAGE, AND QUALITY OF LIFE.

House committee substitute, reported in on 6/8/11, makes the following changes to 3rd edition. Adds a new section to require any revenues and royalties paid to the state as a result of offshore or onshore energy resources activities be deposited in an interest-bearing special revenue fund. Requires the fund to maintain a $500 million balance, and directs monies from the fund to be used only for emergency response, emergency environmental protection, or mitigation associated with the release of liquid hydrocarbons or related substances directly related to offshore or onshore energy exploration, development, or transmission after such event has been declared a disaster by the Governor. Requires funds in excess of the $500 million balance be appropriated as follows: 24% to the General Fund, 10% (was, 15%) to the Highway Trust Fund, 10% to the Community Colleges System Office, 15% to the UNC Board of Governors, 30% to the Department of Environment and Natural Resources, 1% to the Department of Commerce, and 5% to the Rural Center (deletes 5% appropriation to State Ports Authority). Makes a clarifying change to GS 113B-6 (duties and responsibilities of the Energy Jobs Council). Amends GS 113B-9(b) to clarify that certain electric utilities, natural gas utilities, and major oil producers must submit a plan or analysis, as specified, if such action is required for an update of the program. Adds that utilities regulated under GS Chapter 62 may satisfy the requirement by submitting the General Load Reduction and System Restoration Plan. Makes additional conforming and clarifying changes.

Intro. by Rucho, Brown, Tucker.
S 744 (2011-2012) TRANSPARENCY IN THE COST OF HEALTH CARE. Filed Apr 19 2011, TO ALLOW EMPLOYERS ACCESS TO INFORMATION ABOUT THEIR GROUP HEALTH PLANS.

Senate amendment makes the following changes to 2nd edition. Amends proposed GS 58-50-305(a) to clarify the statute applies only to an employer with 51 or more covered employees. Requires the report of claim information from the insurer include certain information for the 24 months prior to the employer’s request (previously 36 months).
Rewrites proposed GS 58-50-305(b) to add that an insurer may use its own certification document so long as the document references the requirements of 45 C.F.R Section 164.504(f)(2).
Makes act effective January 1, 2012 (previously October 1, 2011).
Makes other clarifying changes.

Intro. by Goolsby.
S 744 (2011-2012) TRANSPARENCY IN THE COST OF HEALTH CARE. Filed Apr 19 2011, TO ALLOW EMPLOYERS ACCESS TO INFORMATION ABOUT THEIR GROUP HEALTH PLANS.

Senate committee substitute makes the following changes to 1st edition. Amends proposed GS 58-50-300 to include insurer as a defined term. Amends proposed GS 58-50-305 by clarifying the report of claim information must include certain information for the 36 months prior to the employer’s request, if the request is made to the employer’s current insurer or for the 12 months prior to the employer’s request if the request is made to the employer’s prior insurer. Removes the requirement that such report contain the following information: (1) the total dollar amount of claims pending as of the date of the report and (2) for certain claims, a statement describing precertification requests for hospital stays of five days or longer that were made during the 30-day period preceding the date of the report. Makes other clarifying changes to the information required in the report.
Amends proposed GS 58-50-310, GS 58-50-315, GS 58-50-320, and GS 58-50-325 by removing the term health care benefits provider issuer and replacing it with the term insurer throughout. Clarifies that an insurer is not required to provide a report to an employer more than once (was, twice) in a 12-month period. Makes other conforming and clarifying changes. Deletes provision concerning requests for additional information after receipt of report.

Intro. by Goolsby.
S 781 (2011-2012) REGULATORY REFORM ACT OF 2011. Filed Jun 6 2011, TO INCREASE REGULATORY EFFICIENCY IN ORDER TO BALANCE JOB CREATION AND ENVIRONMENTAL PROTECTION.

Senate committee substitute, reported in on 6/8/11, makes the following changes to 1st edition. Amends proposed GS 150B-19.3(b) to include the Pesticide Board, created pursuant to GS 143-436, as an agency which is authorized to implement and enforce state and federal environmental laws. Deletes requirement that OSBM make final determinations on which recommendations have potential merit and justify action. Amends GS 150B-51(b)(2) to provide a court may reverse or modify a decision if the substantial rights of the petitioners have been prejudiced because the findings, inferences, conclusions, or decisions are in excess of the statutory authority or jurisdiction of the agency or administrative law judge (previously limited to agency). Deletes amendments made to GS 150B-51(c) in previous edition and rewrites the subsection to direct the court to determine whether the petitioner is entitled to the relief sought in the petition based upon its review of the final decision and the official record. Specifies the standard of review by court, based on error asserted.
Provides that, pursuant to federal law, the Department of Health and Human Services must request a waiver from the single state agency requirement contained in 42 § CFR 432.10(e)(3) with regard to final decisions in administrative hearings. Lists information required in the waiver application. Removes provision from GS 150B-4(a) providing that a declaratory ruling is subject to judicial review in the same manner as an order in a contested case, and removes provisions concerning the failure of an agency to issue a declaratory ruling. Creates new subsection (a1) to GS 150B-4 providing for and detailing a procedure by which an agency must respond to a request for a declaratory ruling. Rewrites GS 143-215.108(d1) to provide that all non-Title V permits be issued for a term of eight years (previously ten years). Makes similar change to GS 143-215.1.
Directs the Office of Administrative Hearings to evaluate the use of mediated settlement conferences under GS 150B-23.1 and develop a plan to expand the use of mediation in the contested case process. Provides reporting requirements. Includes severability clause. Repeals SL 2011-13, concerning regulatory requirements that result in substantial additional costs.
Makes other clarifying and technical changes.

Intro. by Rouzer, Brown.
S 782 (2011-2012) CROSSOVER RULE. Filed Jun 9 2011, TO AMEND THE PERMANENT RULES OF THE SENATE TO CHANGE THE CROSSOVER RULE.

Amends Senate Rule 41 to extend the crossover bill deadline to Sunday, June 12, 2011.

Intro. by Apodaca.SENATE RES

The Daily Bulletin: 2011-06-09

LOCAL/HOUSE BILLS
H 96 (2011-2012) ALLEGHANY/JACKSON/GROVER OT (NEW). Filed Feb 15 2011, TO AUTHORIZE ALLEGHANY COUNTY TO LEVY AN ADDITIONAL THREE PERCENT ROOM OCCUPANCY AND TOURISM DEVELOPMENT TAX.

Senate committee substitute makes the following changes to 2nd edition. Adds the Town of Grover to the scope of the act, and makes conforming changes to GS 160A-215(g) and to the bill title.

Intro. by Stevens.Alleghany, Cleveland, Jackson
H 508 (2011-2012) MODIFY MECKLENBURG COUNTY LOCAL TAXES. Filed Mar 29 2011, MODIFY CERTAIN MECKLENBURG COUNTY LOCAL TAXES.

House committee substitute makes the following changes to 1st edition. Deletes requirement that the towns of Cornelius, Davidson, and Huntersville distribute at least 28% of their portion of occupancy tax net proceeds to the Lake Norman Convention and Visitors Bureau. Increases percentage of prepared food and beverage tax net proceeds distributed by these towns to the Bureau from at least 25% to at least 51%.

Intro. by Earle.Mecklenburg
H 545/SL 2011-113 (2011-2012) AMEND MOORE COUNTY OCCUPANCY TAX. Filed Mar 30 2011, TO MODIFY THE MOORE COUNTY OCCUPANCY TAX.

AN ACT TO MODIFY THE MOORE COUNTY OCCUPANCY TAX. Summarized in Daily Bulletin 3/30/11 and 4/21/11. Enacted June 9, 2011. Effective June 9, 2011.

Intro. by Boles.

The Daily Bulletin: 2011-06-09

ACTIONS ON BILLS

Actions on Bills: 2011-06-09

PUBLIC BILLS

H 24: EXPAND DUTIES OF ECONOMIC DEV. OVERSIGHT COMM.

    House: Passed 3rd Reading

H 45: ACCELERATE CLEANUP OF INDUSTRIAL PROPERTIES.

    Ratified

H 58: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROG-3 (NEW).

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

H 93: MODIFY REFUNDABILITY OF EITC.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Passed 2nd & 3rd Reading

H 112: REALIGN WAKE SUPERIOR COURT DISTRICTS.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 122: REV LAWS TECH, CLARIFY., & ADMIN. CHNGS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2011

H 125: OPT. 2ND PRIM. VOTE & SUFF. BALLOTS (NEW).

    House: Passed 3rd Reading

H 165: PLANNED COMMUNITY & CONDO ACT AMENDS.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 181: ADD SUPT. TO NC ECON. DEV. BD.

    Pres. To Gov. 6/9/2011

H 183: STUDY HOAS/FORECLOSURES (NEW).

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

H 203: MORTGAGE SATISFACTION FORMS/NO FALSE LIENS (NEW).

    House: Passed 3rd Reading

H 206: MODIFY PROPERTY TAX BASE EXCLUSIONS.

    Ratified

H 227: DISTURBING/DISMEMBERING HUMAN REMAINS (NEW).

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/13/2011

H 232: SAFE DRIVER INCENTIVE PLAN CHANGES.

    House: Failed 3rd Reading

H 237: 2012 WORKERS' COMPENSATION AMENDMENTS (NEW).

    House: Passed 3rd Reading

H 244: STATE HEALTH PLAN/ADD SCHOOLS; WHISTLEBLOWERS (NEW).

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

H 250: VARIOUS CLARIFYING MILITIA LAW AMENDMENTS.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 262: REFERENCES TO MILITARY ORGS./MAKE UNIFORM.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 281: ETJ RESTRICTIONS.

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

H 289: AUTHORIZE VARIOUS SPECIAL PLATES.

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

H 298: INSURANCE AMENDMENTS.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 300: ELECTION FAIRNESS ACT OF 2011.

    House: Passed 3rd Reading

H 331: ALLOW PAS AND NPS TO SIGN DEATH CERT.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 346: ELECTIONS OMNIBUS (NEW)

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

H 350: PROPERTY TAX UNIFORMITY FOR CONSERVATION LAND (NEW)

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

H 351: RESTORE CONFIDENCE IN GOVERNMENT.

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

H 374: EUGENICS RECORDS/PUBLIC RECORDS EXEMPTION.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/13/2011

H 376: RETIREMENT TECHNICAL CORRECTIONS.

    House: Passed 3rd Reading

H 379: UNIFORM DEPOSITIONS AND DISCOVERY ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 380: AMEND RCP/ELECTRONICALLY STORED INFORMATION.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 382: JUVENILE CODE REVISIONS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/13/2011

H 389: MODIFY 2011 APPOINTMENTS BILL (NEW).

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

H 391: RTP DISTRICT AMENDMENTS (NEW).

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Passed 2nd & 3rd Reading

H 417: EXTEND TIME FOR SITE OF LOW/MOD. INC. HOUSING.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Rules and Operations of the Senate

H 427: RUN AND YOU'RE DONE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/13/2011

H 433: NUISANCE ABATEMENT CHANGES.

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

H 457: MUNICIPAL ELECTRIC UTILITIES/RATE HEARINGS (NEW).

    House: Passed 3rd Reading

H 468: AMEND WEIGHT LIMITS FOR FARM PRODUCTS.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 494: CONTINUOUS ALCOHOL MONITORING LAW CHANGES.

    House: Passed 3rd Reading

H 512: RENDERING ACT AMENDMENTS.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Passed 2nd & 3rd Reading

H 514: UNIFORM MILITARY AND OVERSEAS VOTERS ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/9/2011
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

H 555: 2012 PPT's APPOINTMENTS BILL (NEW).

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

H 567: MOUNTAIN RESOURCES COMM'N/STAGGERED TERMS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Rules and Operations of the Senate

H 571: PREPAID WIRELESS/POINT OF SALE COLLECTION.

    Senate: Passed 3rd Reading
    Ratified

H 588: THE FOUNDING PRINCIPLES ACT.

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

H 593: ALLOW COUNTY GRANTS FOR BROADBAND (NEW).

    House: Amend Offered 1
    House: Amendment Withdrawn 1
    House: Passed 3rd Reading

H 594: FUNCTIONALLY EQUIVALENT WASTEWATER SYSTEMS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd Reading
    Senate: Placed On Cal For 6/13/2011

H 595: REORGANIZATION/LEGISLATIVE OVERSIGHT COMNS.

    Senate: Passed 3rd Reading

H 606: SHERIFF/INSPECT PRESCRIPTION DRUG RECORDS.

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

H 612: INCAPACITY TO PROCEED/LRC STUDY.

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

H 619: FORCED COMBINATIONS (NEW).

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/14/2011

H 620: PRESERVING VALUE OF PROPERTY/PAVING OF ROADS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Passed 2nd & 3rd Reading

H 629: SUBSTANCE ABUSE TREATMENT.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/13/2011

H 642: JUSTICE REINVESTMENT ACT.

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

H 647: DIABETES TASK FORCE.

    Senate: Passed 2nd & 3rd Reading
    Ratified
    Ch. Res 2011-6

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

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/13/2011

H 652: OMNIBUS TRANSPORTATION ACT (NEW).

    House: Passed 3rd Reading

H 659: CAPITAL PROCEDURE/SEVERE MENTAL DISABILITY.

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

H 698: DENTISTRY MANAGEMENT ARRANGEMENT LIMITS.

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

H 709: PROTECT AND PUT NC BACK TO WORK.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd & 3rd Reading

H 710: BD. OF ETHICS, LOBBYING, AND CAMPAIGN FINANCE.

    House: Postponed To 6/14/2011

H 714: LEGAL SERVICES.

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

H 721: LANDLORD/TENANT/BEDBUG LIABILITY.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Passed 2nd & 3rd Reading

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

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

H 731: HONOR IKE ANDREWS.

    House: Placed On Cal For 6/13/2011

H 741: LAW ENFORCEMENT/EMERGENCY VEHICLE LENGTH (NEW).

    House: Passed 3rd Reading

H 757: STUDY CONSOLIDATION OF DV COMMISSION/CFW (NEW).

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

H 760: LRC STUDY/CRIMINAL RECORD EXPUNCTION.

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

H 762: LANDOWNER PROTECTION ACT.

    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2011

H 763: LICENSE PLATE AGENCY CONTRACTS.

    House: Amend Offered 1
    House: Amendment Withdrawn 1
    House: Passed 3rd Reading

H 765: STUDY LENGTH OF SCHOOL YEAR.

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

H 767: HONOR SUSAN MECUM BURGESS.

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

H 774: STUDY INSURANCE FOR CONTRACT GROWERS.

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

H 792: GFELLER-WALLER CONCUSSION AWARENESS ACT.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd & 3rd Reading
    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Concurred In S/Com Sub

H 796: BREWERIES/COMM. COLL./SUPP. FUND. CLARIFIED (NEW).

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

H 822: DROPOUT RECOVERY PILOT PROGRAM.

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

H 824: NONPARTISAN REDISTRICTING PROCESS.

    House: Passed 3rd Reading

H 825: JT. LEGIS. STUDY ON METH LAB PREVENTION.

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

H 836: COMPENSATION STUDY/STATE BDS. AND COMMS.

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

H 841: GLOBAL TRANSPARK GOV. REFORM AND LOAN REPAYMENT (NEW).

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

H 854: ABORTION--WOMAN'S RIGHT TO KNOW ACT.

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

H 858: HONOR R. PHILIP HANES, JR.

    House: Placed On Cal For 6/13/2011

H 865: ELIMINATE PASSENGER RAIL FARE SUBSIDY.

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

H 867: REMOTE RETAILER CLICK-THROUGH STUDY (NEW).

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

H 877: CHECK OFF DONATION: GOVERNMENT FUNDING.

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

H 887: ZONING/TEMP. FAMILY HEALTH CARE STRUCTURES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Passed 2nd Reading

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

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd & 3rd Reading

H 925: ANNEXATION REFORM 2 (NEW).

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

H 927: STATE PENSION PLAN SOLVENCY REFORM ACT.

    House: Passed 3rd Reading

H 928: STATE HEALTH PLAN SOLVENCY REFORM ACT.

    House: Passed 3rd Reading

H 935: RESCIND CONSTITUTIONAL CONVENTION CALLS.

    House: Filed

S 8: NO CAP ON NUMBER OF CHARTER SCHOOLS.

    Senate: Conf Com Reported
    Senate: Placed On Cal For 6/9/2011
    House: Conf Com Reported
    House: Placed On Cal For 6/9/2011
    Senate: Conf Report Adopted
    House: Conf Report Adopted

S 16: OBTAIN BLOOD SAMPLE/IMPLIED-CONSENT LAWS. (NEW)

    Pres. To Gov. 6/9/2011

S 31: CLARIFY PENALTY UNAUTH. PRACTICE OF MEDICINE (NEW).

    House: Orig Conference Report Vote Reconsidered
    House: Orig Conference Report Withdrawn

S 33: MEDICAL LIABILITY REFORMS.

    Senate: Conf Com Reported
    Senate: Placed On Cal For 6/9/2011
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 6/9/2011
    House: Conf Report Adopted

S 94: PSAPS TECH STANDARDS/HABITUAL MISD LARCENY (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Held As Material
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

S 166: NO ADULT LEFT BEHIND.

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

S 170: CLARIFY NUISANCE ABATEMENT LAWS.

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

S 183: SELECTIVE VEGETATION REMOVAL/STATE HIGHWAYS.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2011

S 194: ALTERNATIVE FUEL VEHICLE INCENTIVES (NEW).

    House: Placed On Cal For 6/13/2011

S 214: TRANSPORTATION MAP CORRIDORS/CONDEMNATION.

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

S 224: ADDITIONAL APPOINTMENTS FOR 2011.

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

S 231: INCORPORATION/ETJ STUDY (NEW).

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

S 236: ADOPT STATE BUTTERFLY; FESTIVALS (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd & 3rd Reading

S 246: EXPAND PHARMACISTS' IMMUNIZING AUTHORITY.

    House: Passed 1st Reading
    House: Ref To Com On Health and Human Services

S 252: DEVISEE/DEVISE/STATUTORY COMMISSION

    House: Placed On Cal For 6/13/2011

S 267: REV LAWS TECH, CLARIFY., & ADMIN. CHANGES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Held As Material
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2011

S 272: VICTIMS' COMPENSATION LAW CHANGES.

    House: Placed On Cal For 6/13/2011

S 321: SURPLUS LINES/PREMIUM TAX.

    Pres. To Gov. 6/9/2011

S 378: ENERGY CROPS FOR BIOFUELS FEEDSTOCKS.

    House: Withdrawn From Com
    House: Placed On Cal For 6/13/2011

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

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

S 415: ELIMINATE COST/REDUCED-PRICE SCH BREAKFAST.

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

S 425: ECOSYSTEM ENHANCEMENT PROGRAM CHANGES.

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

S 438: CLARIFY MOTOR VEHICLE LICENSING LAW.

    House: Placed On Cal For 6/13/2011

S 443: NC MUSEUM OF ART/CEMETERY COMM. CHANGES (NEW).

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

S 465: PED STUDY LME GOVERNANCE (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Health and Human Services

S 484: REPS CREDITS AT CLEANFIELDS PARKS.

    House: Withdrawn From Com
    House: Re-ref Com On Public Utilities

S 486: RELEASE SUBDIVIDED LOTS FROM TAX LIENS.

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

S 492: PROTECT LANDOWNERS' WATER RIGHTS.

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

S 493: CODIFY NC CENTURY FARMS PROGRAM IN DACS.

    House: Placed On Cal For 6/13/2011

S 507: CLARIFY EXCEPTION/REAL ESTATE BROKER LAWS.

    House: Passed 1st Reading
    House: Ref To Com On Commerce and Job Development

S 508: CLARIFY VACCINE EXEMPTIONS/EMERG. MGMT ACT.

    Senate: Passed 2nd & 3rd Reading

S 513: ALLOW SAVINGS PROMOTION RAFFLES.

    Pres. To Gov. 6/9/2011

S 518: LANDLORD/STATE BAR NOTICE OF LEASE DEFAULT (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 527: LIFE SCIENCE DEVELOPMENT ACT.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/14/2011

S 552: INCENTIVE PROGRAM FOR PUBLIC HEALTH IMPROV.

    Senate: Amend Adopted 2
    Senate: Passed 3rd Reading
    Engrossed

S 554: PERSONNEL RECORDS TECHNICAL CHANGES.

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

S 555: STUDY MODERNIZATION OF BANKING LAWS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Rules and Operations of the Senate

S 556: PUBLIC DISCLOSURE CHARITABLE SOLICITATIONS.

    Senate: Passed 2nd & 3rd Reading

S 561: SEDIMENTATION CIVIL PENALTY CAP & REMISSIONS.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd & 3rd Reading

S 593: GOVERNMENT REDUCTION ACT (NEW).

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

S 597: BEHAVIORAL HEALTH SERVICES FOR MILITARY (NEW).

    Senate: Passed 2nd & 3rd Reading

S 599: RENDERING ACT AMENDMENTS.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd & 3rd Reading

S 647: MUTUAL INSURANCE HOLDING COMPANIES.

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

S 656: RIGHT TO CHOOSE PHYSICAL THERAPIST.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd & 3rd Reading

S 679: DEEDS OF TRUST/MODERNIZE PROCEDURES (NEW).

    Senate: Amend Adopted 3
    Senate: Passed 3rd Reading
    Engrossed

S 683: RESIDENTIAL BUILDING INSPECTIONS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd & 3rd Reading

S 686: 2011 APPOINTMENTS BILL (NEW).

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

S 696: ADDRESS PRIMARY CARE SHORTAGE.

    Senate: Passed 2nd & 3rd Reading
    Senate: Reconsidered 3rd Reading
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 3rd Reading

S 697: PATIENT ADVOCACY & PROTECTION ACT.

    Senate: Passed 2nd & 3rd Reading

S 699: COURTS AND INVESTIGATIONS (NEW).

    Senate: Passed 2nd & 3rd Reading

S 701: TSERS/LGERS RETURN OF CONTRIBUTIONS.

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

S 708: BUILDING CODE RULES/EFFECTIVE DATES (NEW).

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

S 709: ENERGY JOBS ACT.

    House: Placed On Cal For 6/13/2011

S 727: NO DUES CHECKOFF FOR SCHOOL EMPLOYEES.

    House: Passed 3rd Reading
    Ratified
    Pres. To Gov. 6/9/2011

S 744: TRANSPARENCY IN THE COST OF HEALTH CARE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/9/2011
    Senate: Amend Adopted 1
    Senate: Passed 2nd & 3rd Reading
    Engrossed

S 756: AMEND BAIL LAW/PRETRIAL RELEASE PROGRAMS.

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

S 778: CONFIRM EDWARD FINLEY TO UTILITIES COMMISSION.

    House: Placed On Cal For 6/13/2011

S 781: REGULATORY REFORM ACT OF 2011.

    Senate: Passed 3rd Reading

S 782: CROSSOVER RULE.

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Pursuant to Rule 40(b) placed on today’s calendar 6/9/2011
    Senate: Adopted

Actions on Bills: 2011-06-09

LOCAL BILLS

H 15: OPT OUT OF FED'L LOAN PROGRAM/COMM. COLLEGES (NEW).

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

H 66: GREENE COUNTY COMMISSIONERS.

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

H 96: ALLEGHANY/JACKSON/GROVER OT (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Held As Material
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Finance
    Senate: Reptd Fav As Amended
    Senate: Com Amend Adpt & Engross 1
    Senate: Placed On Cal For 6/13/2011

H 134: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROG.-2 (NEW).

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

H 292: INCORPORATE ROUGEMONT.

    Senate: Passed 3rd Reading
    Ratified
    Ch. SL 2011-114

H 372: WINSTON-SALEM FRANCHISES.

    House: Passed 3rd Reading
    House: Ordered Engrossed

H 378: EXCLUSION FROM POST-CONSTRUCTION PRACTICES.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Passed 2nd & 3rd Reading

H 414: AMEND RUTHERFORD COUNTY OCCUPANCY TAX.

    Senate: Passed 3rd Reading
    Ratified
    Ch. SL 2011-115

H 418: WINSTON-SALEM DEANNEXATION.

    House: Reptd Unfav

H 437: NH COUNTY COMMISSIONERS ACCOUNTABILITY ACT.

    House: Passed 3rd Reading

H 442: CORNELIUS DESIGN-BUILD AND INVESTMENTS.

    House: Amend Failed 1
    House: Passed 3rd Reading

H 450: GUILFORD COUNTY COMM. DISTRICTS (NEW).

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

H 467: GUILFORD BOARD OF CTY COMM. DISTRICTS (NEW).

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

H 508: MODIFY MECKLENBURG COUNTY LOCAL TAXES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Passed 2nd & 3rd Reading

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

    Senate: Passed 3rd Reading
    Ratified
    Ch. SL 2011-116

H 541: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROGRAM (NEW).

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

H 545: AMEND MOORE COUNTY OCCUPANCY TAX.

    Ratified
    Ch. SL 2011-113

H 581: AMEND LUMBERTON FIREMEN'S PENSION FUND.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/9/2011
    House: Passed 2nd & 3rd Reading

S 289: CAPE CARTERET DEANNEXATION.

    Senate: Reptd Fav
    Senate: Placed On Cal For 6/9/2011
    Senate: Passed 2nd Reading
    Senate: Placed On Cal For 6/13/2011

S 294: MADISON ELECTIONS (NEW).

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

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