The Daily Bulletin: 2011-11-28

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The Daily Bulletin: 2011-11-28

PUBLIC/HOUSE BILLS
H 645 (2011-2012) MOTOR FUEL EXCISE TAX ADJUSTMENT & STUDIES (NEW). Filed Apr 5 2011, PROVIDING THAT THE 2011 GENERAL ASSEMBLY SHALL MEET FOR A DAY AT THE STATE CAPITOL.

House committee substitute deletes all provisions of 2nd edition and replaces it with AN ACT TO PROVIDE A TEMPORARY CAP FOR THE MOTOR FUEL EXCISE TAX RATE, TO ADJUST THE 2011-2012 BUDGET FOR THE DEPARTMENT OF TRANSPORTATION, TO STUDY TRANSPORTATION REVENUES, AND TO STUDY THE IMPACT TO THE STATE OF A REDUCTION IN FEDERAL TRANSPORTATION FUNDING.
Caps the variable wholesale component of the fuel tax rate at 17½¢ per gallon for January 1, 2012, through June 30, 2012.
Highway Fund. Directs the Department of Transportation (DOT) to achieve $95,835,587 in expenditure savings from the Highway Fund in 2011-12. Requires DOT to continue to use the statutory program distribution formulas for equitable distribution of highway funding throughout the state within a given program. Authorizes DOT to eliminate positions and requires pro rata reductions in programs in order to achieve the Highway Fund savings. Directs DOT to use $31,744,464 from the unreserved credit balance in the Highway Fund to reduce the amount of the required cut. Amends the Appropriations Act of 2011 (SL 2011-145, as amended) to reflect adjustments made to the Highway Fund as follows: (1) reduces the total 2011-12 appropriation from the Highway Fund to DOT to $1,985,108,877 (was, $2,049,200,000) and (2) makes corresponding changes to the Highway Fund availability statement.
Highway Trust Fund. Reduces the total 2011-12 appropriation from the Highway Trust Fund to DOT to $1,082,481,420 (was, $1,115,410,000), and distributes the reduction, in specified amounts, among the following operations: intrastate, aid to municipalities, secondary roads, and urban loops. Makes corresponding changes to the Highway Trust Fund availability statement. Authorizes DOT to eliminate positions.
Directs DOT to make a detailed report on the required reductions to specified appropriations committees by February 10, 2012.
Studies. Directs the Joint Legislative Transportation Oversight Committee (Committee) to study reforming the current fuel excise tax formula. Provides details on the study requirements and authorizes the committee to hire a consultant with expertise in transportation finance. Requires the Committee to report to the 2013 General Assembly. Also directs the Committee to study the impact of a federal allocation reduction if the US Congress reduces such transportation funding by more than 10% before the 2012 Regular Session convenes.

Intro. by T. Moore.
H 796 (2011-2012) BREWERIES/COMM. COLL./SUPP. FUND. CLARIFIED (NEW). Filed Apr 7 2011, TO DIRECT THE REVENUE LAWS STUDY COMMITTEE TO STUDY THE METHODOLOGY OF VALUATION OF PROPERTY FOR PROPERTY TAX PURPOSES TO ENSURE THE PROCESS IS BOTH UNIFORM AND FAIR.

Conference report recommends the following changes to 2nd edition to reconcile matters in controversy. The conference report deletes all provisions of the previous edition and replaces it with AN ACT TO ALLOW ALL PERMITTEES THAT HAVE BEEN ISSUED A BREWERY PERMIT BY THE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION TO SELL AT RETAIL MALT BEVERAGES THAT HAVE BEEN MANUFACTURED AT THE BREWERY OR AT ANOTHER LOCATION OUT OF STATE BY THE SAME PERMITTEE ONLY ON THE PREMISES OF THE BREWERY AFTER RECEIVING THE PROPER PERMITS, TO CLARIFY THAT CERTAIN HIGH SCHOOL STUDENTS MAY BE PERMITTED TO TAKE NONCREDIT COURSES AT STATE COMMUNITY COLLEGES, AND TO AUTHORIZE THE DEPARTMENT OF PUBLIC INSTRUCTION TO ALLOT SMALL COUNTY SUPPLEMENTAL FUNDING TO THE CHEROKEE COUNTY SCHOOLS.
Amends GS 18B-1104(7), as amended by SL 2011-107 (allowing breweries to sell malt beverages on brewery premises), to add that the holder of a brewery permit may also sell malt beverages manufactured by the permittee in another state that have been approved for sale in NC by the Alcoholic Beverage Control Commission only at the brewery after receiving the required permit. Makes an organizational change. Amends GS 115D-20(4), as amended, to authorize local community colleges to permit high school students 16 years and older to take noncredit courses, except adult basic skills (was, high school students permitted to take noncredit courses in safe driving only). Authorizes the Department of Public Instruction to allot funds from the Small County Supplemental Funding Allotment to the Cherokee County Schools for 2011-12, provided the amount allotted does not exceed the 2010-11 allotment.

Intro. by Moffitt.

The Daily Bulletin: 2011-11-28

PUBLIC/SENATE BILLS
S 224 (2011-2012) ADDITIONAL APPOINTMENTS FOR 2011. Filed Mar 3 2011, TO MAKE IT UNLAWFUL FOR ANY PERSON ACTING AS, FOR, OR ON BEHALF OF A PROFESSIONAL SPORTS TEAM OR AGENT TO CONTACT ANY TEAM MEMBER, ATHLETE, COACH, OR MEMBER OF A COACHING STAFF FOR THE PURPOSES OF RECRUITING A STUDENT ATHLETE PRIOR TO THE END OF THE LAST SEASON OF THE SPORT IN WHICH THE STUDENT ATHLETE IS ELIGIBLE TO PLAY.

House committee substitute deletes all provisions of the 2nd edition, and instead makes four additional appointments to specified public offices, upon the recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

Intro. by Dannelly.

The Daily Bulletin: 2011-11-28

The Daily Bulletin: 2011-11-28

ACTIONS ON BILLS

Actions on Bills: 2011-11-28

PUBLIC BILLS

H 645: MOTOR FUEL EXCISE TAX ADJUSTMENT & STUDIES (NEW).

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Finance
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 11/28/2011
    House: Passed 2nd Reading

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

    House: Reported Fav for adoption
    House: Placed On Cal For 11/28/2011
    House: Conf Report Adopted
    Senate: Conf Com Reported
    Senate: Placed On Cal For 11/28/2011
    Senate: Conf Report Adopted

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

    Senate: Reptd Fav To Concur
    Senate: Placed On Cal For 11/28/2011
    Senate: Concurred In H/com Sub
    Ratified

S 224: ADDITIONAL APPOINTMENTS FOR 2011.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 11/28/2011
    House: Passed 2nd & 3rd Reading
    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 11/28/2011
    Senate: Concurred In H/com Sub

S 433: LOCAL HUMAN SERVICES ADMINISTRATION

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

Actions on Bills: 2011-11-28

No local actions on bills

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