The Daily Bulletin: 2011-09-12

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The Daily Bulletin: 2011-09-12

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

Senate amendment makes the following changes to 4th edition. Provides that for the purpose of calculating the four consecutive terms limitation for the Speaker of the House of Representatives (Speaker), service as Speaker in any part of a two-year term of the General Assembly is counted as service as Speaker in that General Assembly (was, provided that only service as Speaker for any part of an odd-numbered year constituted service as Speaker for that General Assembly).
Provides that for the purpose of calculating the four consecutive terms limitation for the President Pro Tempore of the Senate (President Pro Tem), service as President Pro Tem in any part of a two-year term of the General Assembly is counted as service as President Pro Tem in that General Assembly (was, provided that only service as President Pro Tem for any part of an odd-numbered year constituted service as President Pro Tem for that General Assembly).
Deletes proposed amendments to Sections 14 and 15 of Article II of the NC Constitution, which provided that the initial convening of a regular session of the General Assembly after the members’ terms begin constitutes a new General Assembly for the purposes of Section 14 and 15 of Article II.

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

Senate committee substitute deletes the provisions of the 3rd edition and replaces them with AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO LIMIT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE TO SERVICE FOR FOUR CONSECUTIVE TWO-YEAR TERMS IN THOSE OFFICES. Subject to approval by the voters at the November 6, 2012, general election, adds a new provision under Section 15 of Article II of the North Carolina Constitution, prohibiting a person from serving as Speaker of the House of Representatives (Speaker) for more than four consecutive General Assemblies. Provides that only service as Speaker for any part of an odd-numbered year constitutes service as Speaker for that General Assembly for the purposes of Section 15, as amended.
Subject to approval by the voters at the November 6, 2012, general election, adds a new provision under Section 14 of Article II of the North Carolina Constitution, prohibiting a person from serving as President Pro Tempore (President Pro Tem) for more than four consecutive General Assemblies. Provides that only service as President Pro Tem for any part of an odd-numbered year constitutes service as President Pro Tem for that General Assembly for the purposes of Section 14, as amended.
Provides that if the majority vote is in favor of the proposed amendments that (1) the State Board of Elections is to certify the amendments to the Secretary of State, and (2) the amendments become effective upon certification.

Intro. by Holloway.

The Daily Bulletin: 2011-09-12

PUBLIC/SENATE BILLS
S 354 (2011-2012) FURTHER MODIFY 2011 APPOINTMENTS BILL (NEW). Filed Mar 16 2011, PROVIDING THAT AFTER DECEMBER 31, 2011, LANDLORDS SHALL, WHEN INSTALLING A NEW SMOKE ALARM OR REPLACING AN EXISTING SMOKE ALARM, INSTALL A TEN YEAR LITHIUM BATTERY SMOKE ALARM EXCEPT IN CERTAIN CASES, AND PROVIDING THAT LANDLORDS MAY DEDUCT FROM THE TENANT SECURITY DEPOSIT DAMAGE TO A SMOKE ALARM OR CARBON MONOXIDE ALARM, AS RECOMMENDED BY THE NORTH CAROLINA CHILD FATALITY TASK FORCE.

House committee substitute deletes all provisions of 2nd edition and replaces with 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. Adds two appointments, upon recommendation of the President Pro Tempore, and two appointments, upon recommendation of the Speaker, to specified boards and commissions. Further amends SL 2011-176 and SL 2011-406 to modify appointees and effective and term dates.

Intro. by Bingham.
S 514 (2011-2012) DEFENSE OF MARRIAGE (NEW). Filed Apr 5 2011, TO PROVIDE THAT A NUTRIENT MANAGEMENT PLAN SHALL NOT BE DEVELOPED, ADOPTED OR IMPLEMENTED FOR SURFACE WATERS OF THE STATE UNLESS THOSE WATERS HAVE FIRST BEEN CLASSIFIED AS NUTRIENT SENSITIVE WATERS.

House committee substitute deletes all provisions of 2nd edition and replaces them with AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS THE ONLY DOMESTIC LEGAL UNION THAT SHALL BE VALID OR RECOGNIZED IN THIS STATE. Subject to a vote at the statewide election held on the first primary in 2012, enacts new Section 6 to Article 14 of the North Carolina Constitution. States that marriage between one man and one woman is the only domestic legal union that is valid or recognized in North Carolina. Specifies that a private party is not prohibited from entering into contracts with another private party, and provides that courts may adjudicate rights pursuant to such contracts.

Intro. by Brunstetter.
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.
The conference report, reported in and digested on 7/28/11, is withdrawn. New conference report amends GS 105-130.5A, as enacted by SL 2011-390 (concerning forced combinations), allowing the Secretary of Revenue (Secretary) and a corporation to jointly determine and agree to an alternative filing method that accurately reports state net income if the Secretary believes that the corporation’s state net income properly attributable to business carried on in North Carolina is not accurately reported on the required, separate return because of intercompany transactions, without making a finding that such transactions lack economic substance or are not at fair market value. Authorizes the Secretary to allow any reasonable method to redetermine the corporation’s state net income. Makes clarifying changes to the effective dates for provisions in SL 2011-390. Makes conforming changes to the bill title.

Intro. by Hartsell.
S 792 (2011-2012) ADJOURNMENT RESOLUTION. Filed Sep 12 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.

Provides that the Senate and House of Representatives will adjourn on Wednesday, September 14, 2011, and reconvene on Monday, November 7, 2011, at noon. Limits the matters that may be considered during the reconvened session to the following: (1) US Congress and General Assembly redistricting and related matters, as listed; (2) veto overrides on bills returned by the Governor; (3) election laws bills; (4) bills concerning a Tribal Compact; (5) bills addressing natural disasters; and (6) a joint resolution further adjourning the 2011 Regular Session.

Intro. by Apodaca.JOINT RES

The Daily Bulletin: 2011-09-12

The Daily Bulletin: 2011-09-12

ACTIONS ON BILLS

Actions on Bills: 2011-09-12

PUBLIC BILLS

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

    Senate: Withdrawn From Cal

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

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary I
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 9/12/2011
    Senate: Amend Adopted 1
    Senate: Passed 2nd & 3rd Reading
    Engrossed
    House: Rec To Concur S Com Sub
    House: Placed On Cal For 9/13/2011

S 354: FURTHER MODIFY 2011 APPOINTMENTS BILL (NEW).

    House: Withdrawn From Com
    House: serial referral stricken bill is re-referred to Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Placed On Cal For 9/13/2011

S 514: DEFENSE OF MARRIAGE (NEW).

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub No, 2
    House: Cal For Immediate Consid
    House: Amend Failed 1
    House: Passed 2nd & 3rd Reading
    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 9/13/2011

S 580: AOC OMNIBUS COURTS ACT.

    Senate: Withdrawn From Cal
    Senate: Conf Com Appointed
    House: Withdrawn From Cal
    House: Conf Com Appointed
    House: Conf Com Reported
    House: Held As Material
    House: Placed On Cal For 9/13/2011
    Senate: Conf Com Reported
    Senate: Placed On Cal For 9/13/2011

S 792: ADJOURNMENT RESOLUTION.

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

Actions on Bills: 2011-09-12

No local actions on bills

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