The Daily Bulletin: 2011-07-28

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The Daily Bulletin: 2011-07-28

PUBLIC/HOUSE BILLS
H 335 (2011-2012) PRISON MAINT/JUSTICE REINV/TECH CORR. (NEW). Filed Mar 10 2011, TO REPEAL THE PROHIBITION ON CONTRACTING FOR THE MAINTENANCE OF PRISON FACILITIES AND TO DIRECT THE DEPARTMENT OF CORRECTION TO EXPAND THE SCOPE OF A CURRENT MAINTENANCE REQUEST FOR PROPOSALS.

Conference report, reported in by the House, recommends the following changes to 2nd edition, as amended, to reconcile matters in controversy.
Withdraws the previous amendment, which (1) directed the Department of Correction (DOC), effective when the act becomes law, to report findings on maintenance service contracts at prison facilities when the General Assembly reconvenes in 2012, and prohibited the DOC from expanding contracts before July 1, 2012; and (2) directed the Department of Public Safety, effective January 1, 2012, in the same manner if House Bill 200 became law. Conference report instead directs (1) the DOC, effective when the act becomes law, to study the benefits and costs of contracting for maintenance services at prison facilities and report findings to the 2013 session of the General Assembly, and prohibits the DOC from expanding private maintenance contracts to additional prison facilities unless authorized by the 2013 session of the General Assembly; and (2) directs the Department of Public Safety, effective January 1, 2012, in the same manner.
Directs the Secretary of Environment and Natural Resources to grant a waiver to allow additional connections to a bond-funded water line within certain designated areas and under detailed circumstances. Makes a conforming change to the bill title.

Intro. by Guice.
H 335 (2011-2012) PRISON MAINT/JUSTICE REINV/TECH CORR. (NEW). Filed Mar 10 2011, TO REPEAL THE PROHIBITION ON CONTRACTING FOR THE MAINTENANCE OF PRISON FACILITIES AND TO DIRECT THE DEPARTMENT OF CORRECTION TO EXPAND THE SCOPE OF A CURRENT MAINTENANCE REQUEST FOR PROPOSALS.

Conference report, reported in by the Senate, recommends the following changes to 2nd edition, as amended, to reconcile matters in controversy.
Withdraws the previous amendment, which (1) directed the Department of Correction (DOC), effective when the act becomes law, to report findings on maintenance service contracts at prison facilities when the General Assembly reconvenes in 2012, and prohibited the DOC from expanding contracts before July 1, 2012; and (2) directed the Department of Public Safety, effective January 1, 2012, in the same manner if House Bill 200 became law.

Intro. by Guice.
H 389/SL 2011-406 (2011-2012) MODIFY 2011 APPOINTMENTS BILL (NEW). Filed Mar 16 2011, TO REQUIRE THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE TO STUDY THE NEED FOR A MOTOR VEHICLE REGISTRATION, INSPECTION, AND FINANCIAL RESPONSIBILITY PROGRAM FOR MOPEDS.

AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND TO MAKE MODIFICATIONS TO APPOINTMENTS MADE IN THE 2011 APPOINTMENTS BILL. Summarized in Daily Bulletin 7/26/11 and 7/28/11. Enacted July 28, 2011. Effective July 1, 2011, except as otherwise provided.

Intro. by Committee on Rules, Calendar, and Operations of the House.
H 389 (2011-2012) MODIFY 2011 APPOINTMENTS BILL (NEW). Filed Mar 16 2011, TO REQUIRE THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE TO STUDY THE NEED FOR A MOTOR VEHICLE REGISTRATION, INSPECTION, AND FINANCIAL RESPONSIBILITY PROGRAM FOR MOPEDS.

Conference report recommends the following changes to 2nd edition to reconcile matters in controversy.
Adds 15 appointments to specified boards and committees, upon the recommendation of the Speaker of the House of Representatives. Makes a conforming change to the bill title. Further amends SL 2011-176 to modify additional appointees and appointment term dates. Makes clarifying changes. Makes the act effective July 1, 2011 (was, when the act becomes law), unless otherwise indicated.

Intro. by Committee on Rules, Calendar, and Operations of the House.
H 854/SL 2011-405 (2011-2012) ABORTION--WOMAN'S RIGHT TO KNOW ACT. Filed Apr 6 2011, TO REQUIRE A TWENTY-FOUR-HOUR WAITING PERIOD AND THE INFORMED CONSENT OF A PREGNANT WOMAN BEFORE AN ABORTION MAY BE PERFORMED.

AN ACT TO REQUIRE A TWENTY-FOUR-HOUR WAITING PERIOD AND THE INFORMED CONSENT OF A PREGNANT WOMAN BEFORE AN ABORTION MAY BE PERFORMED. Summarized in Daily Bulletin 4/8/11, 5/12/11, 6/7/11, and 6/8/11. Enacted July 28, 2011. Effective 90 days after July 28, 2011, and applies to claims for relief arising on or after October 1, 2011.

Intro. by Samuelson, McElraft.
H 937/SL 2011-404 (2011-2012) LEWIS DOLLAR DOCKHAM 3 (NEW). Filed Jul 19 2011, TO REALIGN NORTH CAROLINA HOUSE OF REPRESENTATIVES DISTRICTS FOLLOWING THE RETURN OF THE 2010 FEDERAL DECENNIAL CENSUS.

AN ACT TO REALIGN NORTH CAROLINA HOUSE OF REPRESENTATIVES DISTRICTS FOLLOWING THE RETURN OF THE 2010 FEDERAL DECENNIAL CENSUS. Summarized in Daily Bulletin 7/24/11 and 7/27/11. Enacted July 28, 2011. Effective July 28, 2011, and applies to elections held on or after January 1, 2012.

Intro. by Lewis.
H 938 (2011-2012) ADJOURNMENT RESOLUTION--2. Filed Jul 26 2011, FURTHER ADJOURNING THE 2011 REGULAR SESSION OF THE GENERAL ASSEMBLY TO A DATE CERTAIN AND LIMITING THE MATTERS THAT MAY BE CONSIDERED UPON RECONVENING.

House committee substitute makes the following changes to 1st edition.
Provides that the Senate and House of Representatives will reconvene on Monday, September 12, 2011, at 12:00 noon (was, reconvene on Thursday, July 28, 2011) when they adjourn on July 28, 2011 (was, July 27, 2011). Adds that the General Assembly may consider the following additional matters during the reconvened session: (1) bills responding to actions related to the Voting Rights Act of 1965; (2) bills responding to actions related to litigation concerning congressional, state house, or state senate districts; (3) local bills pending in the House Rules Committee on July 28, 2011; and (4) bills to ratify and make statutory conforming changes pursuant to a Tribal Compact negotiated by the Governor. Removes the authority to consider a bill adjusting a budgetary provision to allow the Department of Health and Human Services to make inflationary adjustments related to pharmaceuticals in the Medicaid program. Clarifies that the General Assembly may consider the adoption of conference reports for bills that were in conference as of July 28, 2011 (was, bills in conference as of June 18, 2011, with conferees appointed). Makes additional clarifying changes.

Intro. by T. Moore.

The Daily Bulletin: 2011-07-28

PUBLIC/SENATE BILLS
S 453 (2011-2012) RUCHO-LEWIS CONGRESS 3 (NEW). Filed Mar 29 2011, TO REALIGN THE UNITED STATES CONGRESSIONAL DISTRICTS FOLLOWING THE RETURN OF THE 2010 FEDERAL DECENNIAL CENSUS.

AN ACT TO REALIGN THE UNITED STATES CONGRESSIONAL DISTRICTS FOLLOWING THE RETURN OF THE 2010 FEDERAL DECENNIAL CENSUS. Summarized in Daily Bulletin 3/29/11, 7/24/11, and 7/27/11. Enacted July 28, 2011. Effective July 28, 2011, and applies to elections held on or after January 1, 2012.

Intro. by Rucho, Brock, Brown.
S 580 (2011-2012) AOC OMNIBUS COURTS ACT. Filed Apr 12 2011, TO PROVIDE FOR AUTOMATIC REINSTATEMENT OF CASES THAT WERE DISMISSED WITH LEAVE IF THOSE CASES ARE WAIVABLE, TO CLARIFY THE CONDITIONS OF PRETRIAL RELEASE WHEN A DNA SAMPLE IS REQUIRED, TO ALLOW FOR SERVICE OF CRIMINAL PROCESS BY A LAW ENFORCEMENT OFFICER BEFORE A MAGISTRATE EVEN WHEN THE OFFICER IS OUTSIDE THE OFFICER’S TERRITORIAL JURISDICTION, TO ADD TO THE STATUTORY DUTIES OF THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS, TO DECREASE THE PERIOD OF TIME THAT STATE EMPLOYEES MUST BE SEPARATED FROM EMPLOYMENT PRIOR TO BEING SELECTED TO SERVE IN A POSITION WITHIN THE JUDICIAL BRANCH, TO ELIMINATE THE NECESSITY OF A HEARING TO REMOVE A PERSONAL REPRESENTATIVE IN ESTATE CASES, TO REPEAL THE REQUIREMENT THAT MAGISTRATES BE RESIDENTS OF THE COUNTY TO WHICH THEY ARE APPOINTED TO SERVE, TO CLARIFY WHEN A CLERK OF SUPERIOR COURT MAY RELEASE FUNDS HELD UNDER A CLAIM OF LIEN ON REAL PROPERTY, TO CHANGE THE DATE ON WHICH A NEWLY ELECTED CLERK OF SUPERIOR COURT TAKES OFFICE, TO GRANT THE COURT THE DISCRETION TO FIND THAT DISTANCE FROM THE COURT IS GOOD CAUSE TO EXEMPT A PARTY FROM CUSTODY MEDIATION, AND TO PROVIDE THAT FEES COLLECTED BY THE DISPUTE RESOLUTION COMMISSION ARE NONREVERTING.

Conference report recommends the following changes to 2nd edition, as amended, to reconcile matters in controversy.
Withdraws previous amendment, which deleted provisions (1) amending GS 15A-301(c) to allow a municipal law enforcement officer to serve criminal process in a building with a court or office of the General Court of Justice or before any judicial official authorized to conduct an initial appearance if the officer has territorial jurisdiction to serve process in a municipality located in that county, and allow the officer to arrest the person named in the process, as provided in GS 15A-402(b); and (2) repealing GS 7A-171.2(a) (requires a magistrate be a resident of the county for which he or she was appointed).
Enacts new GS 58-71-200, granting any individual with a bondsman license access to search criminal records in the Administrative Office of the Courts’ (AOC) criminal information systems. Limits the access to information systems with general criminal case information, and requires the access to be free of charge. Directs the Commissioner of Insurance to coordinate access, and to notify AOC within 24 hours of any action to suspend or revoke a bondsman’s license or authority. Provides additional details on a bondsman’s access to court information systems, and makes it unlawful to willfully (1) access AOC information systems through another individual’s online identifier; (2) allow another individual, directly or indirectly, to access the information systems; (3) access the information systems during a period of license revocation or suspension; or (4) distribute information obtained from the information systems for any reason not directly related to bail evaluation. Makes a violation of the provision a Class H felony.
Repeals Section 8 of SL 2011-377 [amending GS 15A-544.5(d)(4)] and instead amends GS 15A-544.5(d)(4), directing the clerk to enter an order setting aside the bail bond forfeiture, regardless of the basis for relief asserted in the motion, the evidence attached, or the absence of either, if neither the district attorney nor the board of education has filed a written objection to the motion by the 20th day after the motion is served. Effective December 1, 2011, amends GS 15A-544.5(d)(4), as amended by this act, to direct the clerk to enter an order setting aside the bail bond forfeiture, as specified, if neither the district attorney nor the attorney for the board of education has filed a written objection to the motion by the 20th day after a copy of the motion is provided by the clerk of superior court.
Amends GS 96-14(2) (concerning disqualification for unemployment benefits), as amended by SL 2011-401, to clarify that discharge for misconduct with the work includes being terminated or suspended from employment after arrest or conviction for an offense involving illegal drugs if the arrest or conviction is related or connected to an employee’s work or in violation of a reasonable work rule or policy. Also clarifies that the term includes the failure to adequately perform any other employment duties as demonstrated by no fewer than three written reprimands in the 12 months immediately preceding the employee’s termination, provided that the reprimands are for intentional acts or omissions showing a disregard of standards of behavior, as explained or expected, or showing a similar degree of carelessness or negligence. Amends GS 96-15(b)(2) (concerning adjudicating claims for unemployment benefits), as amended by SL 2011-401, allowing any interested employer 10 days from delivery of the notice of a filed claim (was, 30 days from the earlier of mailing or delivery of the notice) to protest the claim and have the claim referred to an adjudicator. Amends GS 96-15(f) (procedure for claims), providing that all stipulations and conclusions offered to an appeals referee, hearing officer, or other designated employee may either be accepted or rejected; if rejected, then either party may appeal to the Board of Review. Makes the provisions amending GS Chapter 96 effective November 1, 2011.
Makes a clarifying change to the effective date provision in SL 2011-385 (Modify Graduated Licensing Requirements).
Makes conforming changes to the bill title.

Intro. by Hartsell.

The Daily Bulletin: 2011-07-28

LOCAL/HOUSE BILLS
H 719/SL 2011-407 (2011-2012) OMNIBUS LOCAL ELECTION LAWS (NEW). Filed Apr 6 2011, TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO EXPUNGE SUSPENSIONS AND REVOCATIONS ENTERED ON A LIMITED PERMITTEE OR PROVISIONAL LICENSEE'S DRIVING RECORD IF THE STUDENT PROVIDES THE REQUIRED DOCUMENTATION TO THE DIVISION THAT THE STUDENT MEETS THE ELIGIBILITY REQUIREMENTS AND IF THE LIMITED PERMITTEE OR PROVISIONAL LICENSEE HAS NEVER HAD A PRIOR EXPUNCTION FROM THE PERMITTEE’S DRIVING RECORD.

AN ACT TO REDISTRICT THE DISTRICT SEATS ON THE BOARD OF COMMISSIONERS OF MECKLENBURG COUNTY, TO MAKE ELECTIONS FOR THE LENOIR COUNTY BOARD OF EDUCATION NONPARTISAN, TO RESTRUCTURE THE BOARD OF COMMISSIONERS OF GUILFORD COUNTY, AND TO LIMIT ALTERATION OF THE BUNCOMBE BOARD OF COUNTY COMMISSIONERS. Summarized in Daily Bulletin 7/27/11. Enacted July 28, 2011. Effective July 28, 2011, except as otherwise provided.

Intro. by Brawley.Buncombe, Guilford, Lenoir, Mecklenburg

The Daily Bulletin: 2011-07-28

ACTIONS ON BILLS

Actions on Bills: 2011-07-28

PUBLIC BILLS

H 335: PRISON MAINT/JUSTICE REINV/TECH CORR. (NEW).

    House: Conf Com Reported
    House: Placed On Cal For 7/28/2011
    House: Conf Report Adopted
    Senate: Conf Com Reported
    Senate: Placed On Cal For 9/12/2011

H 389: MODIFY 2011 APPOINTMENTS BILL (NEW).

    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/28/2011
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 7/28/2011
    House: Conf Report Adopted
    Ratified
    Ch. SL 2011-406

H 512: RENDERING ACT AMENDMENTS.

    Senate: Conf Com Appointed

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

    Senate: Conf Com Appointed

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

    Senate: Veto Overridden
    Ch. SL 2011-405

H 937: LEWIS DOLLAR DOCKHAM 3 (NEW).

    Ratified
    Ch. SL 2011-404

H 938: ADJOURNMENT RESOLUTION--2.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 7/28/2011
    House: Passed 2nd & 3rd Reading
    Senate: Rec From House
    Senate: Placed On Cal For 7/28/2011
    Senate: Passed 2nd & 3rd Reading
    Ratified
    Ch. Res 2011-10

S 9: NO DISCRIMINATORY PURPOSE IN DEATH PENALTY (NEW).

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 7/28/2011
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Judiciary I

S 315: ROADSIDE CAMPAIGN SIGNS.

    House: Conf Report Adopted
    Senate: Conf Report Adopted
    Ratified
    Pres. To Gov. 7/28/2011

S 453: RUCHO-LEWIS CONGRESS 3 (NEW).

    Ratified
    Ch. SL 2011-403

S 580: AOC OMNIBUS COURTS ACT.

    House: Conf Com Appointed
    House: Conf Com Reported
    House: Placed On Cal For 9/12/2011
    Senate: Conf Com Reported
    Senate: Placed On Cal For 9/12/2011

Actions on Bills: 2011-07-28

LOCAL BILLS

H 719: OMNIBUS LOCAL ELECTION LAWS (NEW).

    Senate: Amend Failed 5
    Senate: Passed 3rd Reading
    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 7/28/2011
    House: Concurred In S/Com Sub
    Ratified
    Ch. SL 2011-407

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