The Daily Bulletin: 2012-05-21

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The Daily Bulletin: 2012-05-21

PUBLIC/HOUSE BILLS
H 1014 (2011-2012) REFORM OVERSIGHT OF STATE-OWNED VEHICLES. Filed May 21 2012, TO REFORM THE MANAGEMENT AND OVERSIGHT OF STATE-OWNED MOTOR VEHICLES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION.

Directives. Directs all state agencies and institutions to update vehicle registration records for all state-owned vehicles with the Department of Transportation, Division of Motor Vehicles, by October 1, 2012, and sets out required procedures, including the duty to establish a standard naming convention for the agency’s name on forms. Transfers to the Department of Administration (DOA) all passenger vehicles owned by state agencies and identified in the specified Program Evaluation Division report and directs DOA to report to the Joint Legislative Commission on Governmental Operations by November 15, 2012. Directs the Division of Motor Fleet Management (Division) in the DOA to monitor the rate structure that became effective January 1, 2012, and to report on the structure’s effects on assigned vehicle utilization and replacement by February 15, 2013. Directs the Division to improve its management practices, as indicated, and to report on improvements by February 15, 2013. Requires the State Controller, by October 1, 2012, to present to the Joint Legislative Program Evaluation Oversight Committee a plan to create and operate a statewide fleet management system that would require all state agencies and institutions to report identification, utilization, and cost data, as detailed. Transfers $10,000 from the internal service fund for Motor Fleet Management to the Office of State Controller to fund the plan. Directs the Division, in 2012-13, to test telematics services by installing the packages in a sample of vehicles and to report on the testing by September 15, 2013. Creates five receipt-supported positions in the Division, effective October 1, 2012.
Statutory Changes. Renames the “Division of Motor Fleet Management” the “Division of State Fleet Management” (State Fleet Management), and makes a conforming change to add subdivision (12) to GS 143-341, placing State Fleet Management under the purview of the DOA. Adds new Article 18, State-Owned Motor Vehicles, to GS Chapter 20 to require all state agencies and institutions to comply with the enumerated state vehicle policies. Recodifies several listed provisions currently under GS 143-341(8)i. as provisions under newly created GS 143-341(12) or new Article 18 in GS Chapter 20. Makes conforming and clarifying changes to the recodified provisions. Directs State Fleet Management to file an annual report with the General Assembly on state entities’ failures to comply with the requirements and makes a violation a Class 1 misdemeanor. Provides that state-owned vehicles must be marked to indicate the agency or institution that owns or operates the vehicle and as otherwise required by GS 20-39.1. Prohibits the following entities from transferring passenger vehicles to the DOA: (1) Highway Patrol, (2) State Bureau of Investigation, (3) vehicles of constituent institutions of UNC that are used primarily for law-enforcement purposes, and (4) Department Public Safety vehicles used for Butner Public Safety. Sets the minimum rates for state agency vehicles. Directs DOA to adopt rules to permanently assign state-owned vehicles based on miles traveled, frequency of use, and purpose. Further amends new GS 143-341(12) to list the powers and duties of the State Fleet Management. Makes the provisions concerning expansion to State Fleet Management effective January 1, 2013. Permits the DOA to use funds from the Motor Fleet Management internal service fund to expand to the State Fleet Management.

Intro. by Howard.GS 20, GS 143
H 1015 (2011-2012) ECONOMIC DEVPT. & FINANCE CHANGES (NEW). Filed May 21 2012, TO SET THE PUBLIC UTILITY REGULATORY FEE, THE ELECTRIC MEMBERSHIP CORPORATION REGULATORY FEE, AND THE INSURANCE REGULATORY CHARGE.

Sets the rate for calculating the public utility fee under GS 62-302(b)(2) at 0.12% and sets the electric membership corporation regulatory fee imposed under GS 62-302(b1) for the 2012-13 fiscal year at $200,000 effective July 1, 2012.
Sets the rate used in calculating the insurance regulatory charge under GS 58-6-25 at 6% for the 2012 calendar year. Effective when the act becomes law.

Intro. by Howard, Starnes.UNCODIFIED
H 1017 (2011-2012) CHANGES TO COMMERCE REPORTING REQUIREMENTS. Filed May 21 2012, TO MODERNIZE THE REQUIREMENTS OF THE COMPREHENSIVE STRATEGIC ECONOMIC DEVELOPMENT PLAN AND TO SIMPLIFY AND STREAMLINE OTHER REPORTING REQUIREMENTS FOR THE DEPARTMENT OF COMMERCE.

Identical to S 808, filed 5/17/12.

Current law requires that the first step in developing the Comprehensive Strategic Economic Plan (GS 143B-434.01) is to develop an environmental scan based on information that is periodically updated. Amends GS 143B-434.01(e) to clarify that the updated information may be provided in whatever manner is most efficient.
Deletes the requirement for a needs assessment.
Replaces the annual report with an annual evaluation. Charges the Economic Development Board (Board) with the responsibility for conducting an annual evaluation of the state's economic performance based on specified statistics. States that the statistics used for evaluation should be made available to policymakers in whatever manner is most efficient. Adds the Joint Legislative Economic Development and Global Engagement Oversight Committee (Global Oversight Committee) to the entities to which the Board must make all data, plans, and reports available. Makes additional clarifying and conforming changes.
Amends GS 143B-435.1 to require that the Department of Commerce (Department) report on all clawbacks triggered under programs that the Department administers to the Joint Legislative Commission on Governmental Operations (Governmental Operations) and the Fiscal Research Division of the General Assembly, in addition to the Revenue Laws Study Committee (Revenue Laws), by April 1 and October 1 of each year.
Repeals GS 143B-437.01(c) to conform to the amended reporting requirements as provided in GS 143B-435.1.
Amends GS 143B-437.07, directing the Department to report on the information required by subsection (a) on or before October 1 (was, March 1). Additionally requires that the report include information for each business or joint private venture to which the state has granted in whole or in part economic development incentives in the previous fiscal year (was, previous five calendar years).
In addition to an online posting of a summary report, directs the Department to also submit a written report by October 1 of each year to the Fiscal Research Division, Governmental Operations, Revenue Laws, and Global Oversight Committee. Clarifies that an economic development incentive includes any grant from the specified programs.
Amends GS 143B-437.08 to add subsection (k) requiring the Secretary of Commerce to submit a written report on the tier rankings required by subsection (c) of GS 143B-437.08 to Governmental Operations and the Fiscal Research Division by November 30 annually.
Repeals GS 143B-437.55(d) regarding reporting requirements for the Economic Investment Committee.

Intro. by Dockham, McGee.GS 143B
H 1019 (2011-2012) HONOR ALAN DICKSON. Filed May 21 2012, HONORING THE LIFE AND MEMORY OF ALAN THOMAS DICKSON, BUSINESS LEADER.

As title indicates.

Intro. by Current.HOUSE RES
H 1020 (2011-2012) PATRIOT OUTREACH. Filed May 21 2012, EXPRESSING SUPPORT FOR PATRIOT OUTREACH AND ENCOURAGING ALL TO CONSIDER VOLUNTEERING THEIR SERVICES IN SUPPORT OF OUR MILITARY AND FIRST RESPONDERS AND THEIR FAMILIES.

As title indicates.

Intro. by Goodman.HOUSE RES
H 1021 (2011-2012) JUSTICE REINVESTMENT CLARIFICATIONS. Filed May 21 2012, TO CLARIFY CERTAIN PROVISIONS OF THE JUSTICE REINVESTMENT ACT AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.

Amends GS 15A-1343.2(e) (delegation to probation officer in community punishment) and GS 15A-1343.2(f) (delegation in intermediate punishments) to clarify that a probationer may be confined for the period designated in a violation report after the probationer, probation officer, and an additional designated officer sign a waiver of rights. Amends GS 15A-1344(d2) to clarify that the court may impose a 90-day period of confinement when a defendant on probation for a felony conviction has violated a condition of probation other than committing a crime or absconding. Clarifies that a court may impose a period of confinement of up to 90 days when a defendant on probation for a misdemeanor conviction has violated a condition of probation other than committing a crime or fleeing. Makes additional clarifying changes.

Intro. by Stam.GS 15A
H 1022 (2011-2012) HONOR RICK RHYNE. Filed May 21 2012, HONORING THE LIFE AND MEMORY OF RICK RHYNE, MOORE COUNTY SHERIFF'S DEPUTY, KILLED IN THE LINE OF DUTY.

As title indicates.

Intro. by Boles.HOUSE RES
H 1023 (2011-2012) EXPUNCTION/NONVIOLENT OFFENSES. Filed May 21 2012, TO PROVIDE FOR EXPUNCTION OF NONVIOLENT FELONIES OR NONVIOLENT MISDEMEANORS AFTER FIFTEEN YEARS FOR PERSONS WHO HAVE HAD NO OTHER CONVICTIONS FOR FELONIES OR MISDEMEANORS OTHER THAN TRAFFIC VIOLATIONS UNDER THE LAWS OF THE UNITED STATES, THIS STATE, OR ANY OTHER JURISDICTION, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION.

Enacts new GS 15A-145.5, to provide for the expunction of certain misdemeanors and felonies as the title indicates. Sets no age limitation on petitioning for an expunction under this proposed statute. Specifies list of offenses that are not included in the terms nonviolent misdemeanor or nonviolent felony for the purposes of this section (including specified sex related offenses, drug possession, and Class A through G felonies). Provides circumstances under which multiple nonviolent felonies or nonviolent misdemeanors are to be treated as one conviction for the purposes of this statute.
Describes the process and requirements for filing a petition for expunction. Requires that the petition be filed in the court where the petitioner was convicted. Prohibits filing the petition for expunction any earlier than 15 years after the date of conviction or when any active sentence, probation period, and post-release supervision has been served, whichever occurs later. Prescribes the content of the petition, which is to include certain affidavits, an application form approved by the Administrative Office of the Courts requesting and authorizing a criminal history record check, and a statement that the petition is a motion in the cause in the case in which the petitioner was convicted.
Requires service of the petition on the district attorney (DA) of the court where the conviction was obtained and permits the DA 30 days to file any objection to the petition and an additional 30 days upon a showing of good cause by the DA. Provides additional specifications regarding the hearing before the court and the entering of the court's findings. Provides the findings necessary for the court to grant the petition for expunction. Directs the court upon a finding that the petition should be granted to order the expunging of the conviction from the records of the court and to direct law enforcement agencies to also expunge the conviction from their records.
Requires a person filing a petition for expunction under this section to pay a filing fee of $175, except fee requirement does not apply to petitions filed by an indigent.
Amends GS 15A-145.4 regarding expunction of records for first time offenders under the age of 18 when they committed a nonviolent felony, to conform the meaning of the term nonviolent felony to the meaning as used in proposed GS 15A-145.5. Also makes some stylistic changes.
Repeals GS 15A-145(d1), which sets out the content of the petition for expunction now covered in proposed GS 15A-145.5.
Makes conforming changes to GS 15A-146, 15A-151(a), 17C-13(b), and 17E-12(b).
Effective December 1, 2012; however, petitions filed before December 1, 2012, are not abated by this act.

Intro. by Daughtry.GS 15A, GS 17C, GS 17E
H 1024 (2011-2012) UNEMPLOYMENT INSURANCE CHANGES. Filed May 21 2012, TO MAKE CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS.

Identical to S 828, filed 5/17/12.

Sets out legislative findings related to the Governor's Executive Orders that extended unemployment benefits, finds the orders invalid, and ratifies and validates the effect of Executive Order No. 113, which extended benefits through February 29, 2012. Declares any executive order issued by the Governor to extend unemployment insurance benefits void, unless the order is based on authority expressly conferred by the General Assembly or by the US Congress.
Amends Section 6.16(d) (three year look-back period for unemployment insurance) in the Appropriations Act of 2011 to extend the sunset on the three year look-back provision to January 1, 2013. Makes conforming changes to GS 96-12.01(a1)(4)c.3. and GS 96-12.01(a1)(4)e. Applies retroactively to January 1, 2012.
Amends GS 96-14(2) (concerning disqualification for benefits) to clarify and expand the definition for "discharge for misconduct connected with the work" and the acts and conduct included within that definition. Amends GS 96-15(b)(2) (concerning claims for benefits) to provide any interested employer 10 days (currently, 30 days) to protest a claim, following delivery of notice (currently, following the earlier of mailing or delivery of notice) of the filing of a claim against the employer's account. Makes clarifying changes to GS 96-15(f), providing for appeal to the Board of Review if a stipulation of issues is rejected. Makes these provisions effective November 1, 2012.
Amends GS 110-129.2(j) (concerning the New Hire Directory) to add the definition for newly hired employee, to conform to federal law, and makes a conforming change to GS 110-129.2(c). Effective July 1, 2012.

Intro. by Howard, Starnes.GS 96, GS 110
H 1025 (2011-2012) EXTEND TAX PROVISIONS. Filed May 21 2012, TO EXTEND THE SUNSET OF CERTAIN TAX PROVISIONS, AS PROPOSED BY THE REVENUE LAWS STUDY COMMITTEE.

       Identical to S 827, filed 5/17/12.

Amends SL 2009-505 to extend to July 1, 2013, the development tier one designation of seafood industrial parks. Extends the following tax credits through January 1, 2014: GS 105-129.16D(d) (constructing renewable fuel facilities); GS 105-129.16F(b) (biodiesel producers); GS 105-129.16G(b) (Work Opportunity); GS 105-129.82(a) (Article 3J credits for growing businesses); GS 105-130.48(f) and GS 105-151.30(f) (recycling oyster shells); GS 105-151.28(d) (long-term care insurance premiums); GS 105-151.31(c) (earned income); GS 105-131.32(c) (adoption expenses); and GS 105-163.015 (qualified business investments).
Amends GS 105-164.14A(a) to extend the sales tax refund through January 1, 2014, for the following: passenger air carrier fuel; aviation fuel bought by professional motorsports racing team; and analytical services businesses. Amends GS 105-164.14B(f) to extend through January 1, 2014, the sales tax refund for certain industrial facilities.

Intro. by Howard, Starnes.GS 105
H 1026 (2011-2012) REVENUE LAWS TECH., CLARIFYING, AND ADMIN CHNGS. Filed May 21 2012, TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE TAX AND RELATED LAWS.

Identical to S 826, filed 5/17/12.

Makes technical and clarifying changes to various provisions in GS Chapter 105 and to GS 160A-536(e)(2). Rewrites GS 105-228.90(b)(1b) to update to January 1, 2012, the reference to the Internal Revenue Code. Makes a technical change to GS 20-63(b1) and corrects two license plate fees in GS 20-79.7(a).
Amends GS 105-113.38 (bond requirement) to specify that a bond may also include an irrevocable letter of credit. Amends GS 105-120.2(c), expanding the definition of holding company. Amends GS 105-164.4B(a) to add provisions that apply when determining where to source the sale of a product. Restores language in new GS 105-164.12C, effective August 7, 2009, concerning treatment of items given away by a retailer. Amends GS 105-187.43(b) to require a taxpayer who is consistently liable for $20,000 (was, $10,000) of tax on piped natural gas a month to make a monthly prepayment of the next month's tax liability. Amends GS 161-10 (uniform fees of registers of deeds) to delete the fee for subsequent instruments and instead imposes an additional $10 fee for each additional reference, as detailed; this provision currently expires July 1, 2013.
Effective December 1, 2012, amends several provisions in the Emergency Program to Reduce Home Foreclosures Act to reference the State Home Foreclosure Prevention Project as a project of the Housing Finance Agency. Makes conforming changes removing references to the Commission of Banks, removes the sunset date, and states that the Housing Finance Agency assumes responsibilities of the Prevention Project by December 31, 2012.
Amends GS 105-330.2(b1) (concerning motor vehicle taxes) to clarify that the owner of a motor vehicle may appeal the appraised value (was, the appraised value or taxability) of the vehicle. Adds subsection (b2), detailing the process to appeal the vehicle's eligibility for an exemption or exclusion. Amends GS 105-330.3 to set out the procedure for collecting tax on an unregistered vehicle. Amends GS 105-330.4(c) to add that enforcement remedies do not apply to unpaid taxes on a vehicle for which the tax year begins on or after August 1, 2013. Repeals GS 105-330.5(e) (concerning small under- or over-payment of tax). Makes other clarifying and conforming changes to Article 22A (motor vehicles) in GS Chapter 105 and to the applicable session laws.

Intro. by Howard, Starnes.GS 105, GS 20, GS 45, GS 143, GS 160A, GS 161, GS 100A
H 1027 (2011-2012) EXPEDITED RULE MAKING FOR FORCED COMBINATION. Filed May 21 2012, TO REQUIRE THE SECRETARY OF REVENUE'S INTERPRETATION OF THE LAW CONCERNING THE SECRETARY'S AUTHORITY TO ADJUST NET INCOME OR REQUIRE A COMBINED RETURN BE MADE THROUGH RULE MAKING AND TO PROVIDE AN EXPEDITED PROCESS FOR RULE MAKING ON THIS ISSUE.

Identical to S 824, filed 5/17/12.

Enacts new GS 105-262A to provide an expedited procedure for the adoption of rules administering GS 105-130.5A, which authorizes the Secretary of Revenue (Secretary) to adjust the net income or require a combined return from a corporation that fails to accurately report state net income. States that the Secretary may not, except for a voluntary redetermination, redetermine state net income until the Secretary adopts a rule under this proposed statute. Directs the Secretary to prepare a fiscal note for a proposed new rule or a proposed change to a rule that has a substantial economic impact (at least $500,000 in a 12-month period), and sets out a procedure to publish and allow written comment on the fiscal note. Allows the Secretary to adopt a rule through the procedure in GS 150B-21.1(a3) (procedure for adopting a temporary rule), and requires electronic notification to persons on the mailing list and interested parties. Makes the rule subject to review, according to the detailed procedure in the statute, if any person objects and requests review by 5:00 p.m. on the third day after notification. Limits the matters that the Rules Review Commission may consider. Specifies that rules adopted under this statute become effective on the last day of the month the Codifier of Rules enters the rule in the NC Administrative Code. Makes conforming changes to GS 105-262 and GS 150B-1(d)(4).
Provides that the Secretary is not required to prepare a fiscal note for a proposed new rule submitted before December 31, 2012. Allows a taxpayer to rely on the interpretation of GS 105-130.5A in the Department of Revenue's April 17, 2012 Directive for the 2012 tax year. Permits the Secretary to issue a proposed denial of a refund or proposed assessment under GS 105-130.5A for any taxable year after January 1, 2012, after a rule adopted pursuant to GS 105-262A becomes effective.

Intro. by Howard, Starnes.GS 105, GS 150B
H 1028 (2011-2012) APPRAISAL MGMT CO REPORTED TO DEPT OF REVENUE. Filed May 21 2012, TO REQUIRE THE NORTH CAROLINA APPRAISAL BOARD TO REPORT THE RECORDS OF APPRAISAL MANAGEMENT COMPANIES TO THE NORTH CAROLINA DEPARTMENT OF REVENUE.

       Identical to S 825, filed 5/17/12.

Enacts new subsection (b1) to GS 93E-2-9 (concerning NC Appraisal Board records) to provide as title indicates. Lists the information that the Board must report annually. Effective December 1, 2012.

Intro. by Howard, Starnes.GS 93E
H 1030 (2011-2012) ACCOUNTABILITY FOR TAXPAYER INVESTMENT ACT. Filed May 21 2012, TO REQUIRE STATE AGENCIES AND CERTAIN NON-STATE ENTITIES TO DEVELOP, IMPLEMENT, AND MAINTAIN INFORMATION SYSTEMS THAT PROVIDE UNIFORM, PROGRAM-LEVEL ACCOUNTABILITY INFORMATION REGARDING THE PROGRAMS OPERATED BY THOSE AGENCIES AS RECOMMENDED BY THE LRC COMMITTEE ON EFFICIENCIES IN STATE GOVERNMENT.

Enacts new Article 2E, Accountability for Taxpayer Investment Act, to GS Chapter 143 to require uniform, program-level accountability information in state government. Article 2E applies to any state agency in the executive branch, and to any non-state entity that receives state funds. Defines non-state entity as any of the following non-state agencies that is discretely presented as a component unit in the State Comprehensive Annual Financial Report by the Governmental Accounting Standards Board: an individual, firm, partnership, association, corporation, or any other organization or group acting as a unit. Includes additional definitions applicable to Article 2E.
Effective July 1, 2012, creates the Taxpayer Investment Accountability Board (Board), with six specified members. Details meeting requirements, administration criteria, and Board responsibilities including the publication of an annual report.
Directs each state agency, and each non-state entity receiving state funds, to establish, implement, and maintain a system to provide uniform, program-level accountability information that accurately conveys the mission, responsibilities, and activities of the state agency or entity and any other information required by the Board. Requires the system to comply with Board guidelines, be updated on a timely basis, and be accessible to NC citizens. Lists items to be included in the information system, including performance measures for each program, revenues by source and expenditures by purchasing category, and a listing of all employees.
Requires each agency or non-state entity to file annual certificates of compliance, with the first certificate due June 30, 2014. Requires internal auditors in applicable state agencies to conduct annual compliance audits and submit audit reports to the State Auditor and State Controller by April 1, 2014, and annually thereafter. Authorizes the State Auditor to verify compliance on an annual basis.
Permits any person to institute a suit in superior court requesting a judgment that the state agency or non-state entity failed to comply with Article 2E, and grants specific performance. Sets forth additional provisions related to actions for noncompliance. Directs the Office of State Personnel to adopt rules for the organization charts and manager-to-employee ratios, and to provide templates and technical assistance. Also directs the Office of State Budget and Management and the Office of Information Technology to provide technical assistance and software as required.
Makes a conforming change to GS 150B-1(c), exempting the Board from the Administrative Procedure Act.
Directs each state agency or non-state entity subject to proposed Article 2E to bring its current information system into compliance and to use existing resources to do so.
Effective July 1, 2013, unless otherwise provided.

Intro. by Blackwell, Avila, Hager.GS 143, GS 150B
H 1031 (2011-2012) SMARTER GOV/BUSINESS INTELLIGENCE INITIATIVE. Filed May 21 2012, TO ESTABLISH ENTERPRISE-WIDE BUSINESS INTELLIGENCE AS A KEY COMPONENT OF ALL STATE GOVERNMENTAL OPERATIONS IN ORDER TO MAXIMIZE DATA INTEGRATION AND ANALYTICS, THEREBY YIELDING MORE EFFICIENT GOVERNMENT AND ADVANCING INNOVATION IN NORTH CAROLINA, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION STUDY COMMITTEE ON EFFICIENCIES IN STATE GOVERNMENT.

Provides that the purpose of this legislation is to implement an enterprise-level data integration and analytics initiative (Initiative) across state government. Specifies that the Initiative is not intended to replace transactional systems. Directs that the coordination of the Initiative be led by representatives for each of the three branches of government: (1) the State Controller for the executive branch, (2) the Chief Justice for the judicial branch, and (3) the Legislative Services Commission for the legislative branch. Provides that the State Controller is to serve as the principal coordinating officer responsible for the Initiative. Provides additional guidelines regarding the leadership of the Initiative.
Establishes the Government Business Intelligence Competency (GBICC) in the Office of the State Controller (OSC). Directs that the GBICC assume the work, purposes, and resources of the current data integration effort in the OSC and authorizes the State Controller to make any organizational changes necessary to maximize the efficiency and effectiveness of the GBICC.
Directs the State Controller and GBICC to coordinate data requirements and usage for business intelligence applications across state government. Provides criteria governing the coordination process. Specifies actions to be taken by the GBICC.
Directs the head of each state agency, department, institution, and every political subdivision of the state; the Board of Trustees of the University of North Carolina; the Community Colleges System office; and local boards of education to engage in mandatory data sharing with the State Controller. Provides procedural requirements upon failure of any entity to submit requested information to the State Controller.
Includes provisions regarding sensitive data/ security and maintaining confidentiality requirements. Provides that data not classified as a public record under GS 132-1 is not deemed a public record when incorporated into the data resources comprising the state’s business intelligence initiative. Makes a conforming change to GS 75-66(d) (regarding publication of personal information).
Authorizes the State Controller to release information gathered by the OSC and GBICC that is related to the business intelligence initiative, notwithstanding the provisions of the Public Records Act, to release information if the State Controller finds that such a release is in the best interest of the general public and not in violation of law or contract.
Divides the state government business intelligence initiative into three phases and specifies activities, goals, and objectives to be achieved in each phase.
Repeals Section 6A.20(b) of SL 2011-145, which pertains to the creation of the Data Integration Steering Committee (Committee). Directs that the purposes, duties, and resources of the Committee are to be assumed by the GBICC and that the Committee is to be created in the OSC and chaired by the State Controller. Provides criteria for appointing the voting members of the Committee, for the appointing of non-voting members serving in an advisory capacity, and for the filling of vacancies. Enumerates the duties and responsibilities of the Committee.
Directs the State Controller to submit a detailed progress report to the Joint Legislative Committee on Information Technology by September 1, 2012, and quarterly thereafter.
Appropriates an unspecified amount of dollars from the General Fund to the Office of the State Controller for the 2012-13 fiscal year and an unspecified amount of dollars from the Highway Fund to the Office of the State Controller for the 2012-13 fiscal year to fund the business intelligence initiative.
Effective July 1, 2012.

Intro. by Blackwell, Avila, Hager.APPROP, GS 75
H 1033 (2011-2012) HONOR VETERANS. Filed May 21 2012, EXPRESSING GRATITUDE TO THE MEMBERS OF THE MILITARY FOR THEIR SERVICE AND HONORING THE MEMORY OF THOSE KILLED IN THE LINE OF DUTY.

As the title indicates.

Intro. by T. Moore, Killian, Martin, Cleveland.JOINT RES

The Daily Bulletin: 2012-05-21

PUBLIC/SENATE BILLS
S 832 (2011-2012) PROVISIONAL LICENSURE CHANGES MEDICAID. Filed May 21 2012, RELATING TO CHANGES TO LICENSED CLINICAL SOCIAL WORKERS, CLINICAL ADDICTION SPECIALISTS AND PSYCHOLOGISTS AS RECOMMENDED BY THE JOINT OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Amends GS 90-270.5(d) to modify conditions for the issuance of a provisional license to practice psychology. Amends GS 90B-3 to replace Provisional Licensed Clinical Social Worker with the term Licensed Clinical Social Worker Associate; amends GS 90-113.31A to replace provisional licensed clinical addictions specialist with the term Licensed Clinical Addictions Specialist Associate. Makes conforming changes to various provisions to remove references to provisional license or to add the new terms.

Intro. by Pate.GS 90, GS 90B
S 833 (2011-2012) GENERAL ASSEMBLY APPROVE SALE OF DIX PROPERTY. Filed May 21 2012, TO PROHIBIT ANY CONVEYANCE OF STATE-OWNED REAL PROPERTY ENCOMPASSING THE DOROTHEA DIX HOSPITAL CAMPUS WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Identical to H 981, filed 5/16/12.

Amends GS 146-27 as the title indicates.

Intro. by Pate.GS 146
S 834 (2011-2012) PARTNERSHIP FOR CHILDREN PARTICIPANT RECORDS. Filed May 21 2012, TO LIMIT ACCESS TO IDENTIFYING INFORMATION OF MINOR PARTICIPANTS IN PROGRAMS FUNDED BY THE NORTH CAROLINA PARTNERSHIP FOR CHILDREN OR OTHER LOCAL PARTNERSHIPS AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Amends GS 132-1.12 (concerning access to identifying information of minors) as title indicates.

Intro. by Pate.GS 132
S 835 (2011-2012) ELIMINATE LME PROVIDER ENDORSEMENT. Filed May 21 2012, RELATING TO PROVIDER ENDORSEMENT FUNCTIONS OF LOCAL MANAGEMENT ENTITIES AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Amends GS 122C-114(b) to eliminate the power of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to make rules governing LME endorsement of providers. Makes conforming changes.

Intro. by Pate.GS 122C
S 836 (2011-2012) IMPROVE PROPERTY INSURANCE RATE MAKING. Filed May 21 2012, TO IMPROVE THE RATE-MAKING PROCESS AND THE AFFORDABILITY OF PROPERTY INSURANCE FOR LOW-INCOME HOMEOWNERS BY REQUIRING THAT MORE THAN ONE CATASTROPHE MODEL BE USED TO ESTIMATE POTENTIAL LOSSES FOR PURPOSES OF A RATE FILING; AND BY REQUIRING THAT THE RATE BUREAU CREATE A RATING PLAN FOR A PROPERTY INSURANCE POLICY THAT EXCLUDES COVERAGE FOR THE PERILS OF WINDSTORM AND HAIL; AND BY REQUIRING THE DEPARTMENT OF INSURANCE TO ACCEPT PUBLIC COMMENT ON ALL PROPERTY INSURANCE RATE FILINGS; AND BY PROVIDING FOR A PREHEARING CONFERENCE FOR THE COMMISSIONER OF INSURANCE TO SCRUTINIZE CATASTROPHE MODELING WHEN SUCH MODELING IS THE BASIS FOR ANY FACTOR IN A RATE FILING FOR WHICH THE COMMISSIONER HAS ISSUED A NOTICE OF HEARING; AND BY PROVIDING THE COMMISSIONER WITH THE POWER TO SPECIFY THE APPROPRIATE RATE LEVEL OR LEVELS UPON A FINDING THAT A RATE FILING DOES NOT COMPLY WITH APPLICABLE LAW; AND BY REQUIRING THAT, WHEN THE COST OF REINSURANCE IS INCLUDED AS A FACTOR IN A PROPOSED RATE, CERTAIN SUPPORTING INFORMATION BE PROVIDED AND THAT THE FILING INCLUDE ONLY THE REINSURANCE COST SPECIFIC TO PROPERTY INSURANCE LOSSES IN NORTH CAROLINA; AND BY REQUIRING THAT THE RATE BUREAU AND THE DEPARTMENT OF INSURANCE STUDY THE FAIRNESS AND EFFICACY OF THE CURRENT PROPERTY INSURANCE GEOGRAPHIC RATE TERRITORIES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON PROPERTY INSURANCE RATE MAKING.

Amends GS 58-36-10(3) to direct the NC Rate Bureau (Bureau) to present data from more than one catastrophe model when presenting modeled losses with a property insurance rate filing. Effective December 1, 2012, enacts new GS 58-36-42, directing the Bureau to develop an optional policy providing residential property insurance without coverage for windstorm or hail; makes conforming changes. Rewrites GS 58-36-20 (concerning disapproval of filings, hearings, and review of filings) to provide that a filing made by the Bureau, with specified exceptions, is not effective until approved by the Commissioner of Insurance (Commissioner) or 50 days after a proper filing when no hearing is called. Directs the Commissioner to give written notice of a hearing to the Bureau and set a hearing date within 30 days from the date the notice is mailed. Sets out a hearing process for filings that use a catastrophe model in the calculation and where the Commissioner calls for a hearing. Specifies that all property insurance rate filings are open to the public except when necessary to keep testimony confidential. Makes organizational changes and clarifies that the Commissioner, when disapproving a filing, may specify the appropriate rate level to be used by the Bureau. Enacts new subsection (d2) to GS 58-36-15, requiring supporting data, as detailed, to be included in any property insurance rate filing that (1) uses a catastrophe model, (2) uses costs of reinsurance in the rate calculations, or (3) uses both a catastrophe model and costs of reinsurance. Effective July 1, 2012, unless otherwise provided.
Directs the Bureau and the Department of Insurance to study current geographic territories for rating purposes, as indicated, and to submit a final report to the 2013 General Assembly.

Intro. by Brown.GS 58
S 837 (2011-2012) REFORM WORKFORCE DEVELOPMENT. Filed May 21 2012, EXPRESSING THE OPINION OF THE GENERAL ASSEMBLY THAT THE LOCAL PROVISION OF WORKFORCE INVESTMENT ACT SERVICES SHOULD BE STREAMLINED BY REALIGNING LOCAL WORKFORCE DEVELOPMENT AREAS WITH THE BOUNDARIES OF COUNCILS OF GOVERNMENTS ESTABLISHED PURSUANT TO G.S 160A 470, AS RECOMMENDED BY THE PROGRAM EVALUATION DIVISION AND ENDORSED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Identical to H 1004, filed 5/17/12.

As title indicates. Includes whereas clauses related to the Program Evaluation Division's report on workforce development system integration and accountability.

Intro. by Hartsell.JOINT RES
S 838 (2011-2012) TECHNICAL CHANGE/EXEMPT PROPERTY FORM. Filed May 21 2012, TO MAKE CONFORMING CHANGES TO THE STATUTORY FORM SET FORTH IN G.S. 1C 1603 SO THAT THE FORM CORRESPONDS WITH THE SUBSTANCE OF G.S. 1C 1601, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Identical to H 979, filed 5/16/12.

Amends GS 1C-1603(c) as title indicates.

Intro. by Hartsell.GS 1C
S 839 (2011-2012) REFORM OVERSIGHT OF STATE-OWNED VEHICLES. Filed May 21 2012, TO REFORM THE MANAGEMENT AND OVERSIGHT OF STATE OWNED MOTOR VEHICLES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION.

Identical to H 1014, filed 5/21/12.

Directives. Directs all state agencies and institutions to update vehicle registration records for all state-owned vehicles with the Department of Transportation, Division of Motor Vehicles, by October 1, 2012, and sets out required procedures, including the duty to establish a standard naming convention for the agency's name on forms. Transfers to the Department of Administration (DOA) all passenger vehicles owned by state agencies and identified in the specified Program Evaluation Division report and directs DOA to report to the Joint Legislative Commission on Governmental Operations by November 15, 2012. Directs the Division of Motor Fleet Management (Division) in the DOA to monitor the rate structure that became effective January 1, 2012, and to report on the structure's effects on assigned vehicle utilization and replacement by February 15, 2013. Directs the Division to improve its management practices, as indicated, and to report on improvements by February 15, 2013. Requires the State Controller, by October 1, 2012, to present to the Joint Legislative Program Evaluation Oversight Committee a plan to create and operate a statewide fleet management system that would require all state agencies and institutions to report identification, utilization, and cost data, as detailed. Transfers $10,000 from the internal service fund for Motor Fleet Management to the Office of State Controller to fund the plan. Directs the Division, in 2012-13, to test telematics services by installing the packages in a sample of vehicles and to report on the testing by September 15, 2013. Creates five receipt-supported positions in the Division, effective October 1, 2012.
Statutory Changes. Renames the "Division of Motor Fleet Management" the "Division of State Fleet Management" (State Fleet Management), and makes a conforming change to add subdivision (12) to GS 143-341, placing State Fleet Management under the purview of the DOA. Adds new Article 18, State-Owned Motor Vehicles, to GS Chapter 20 to require all state agencies and institutions to comply with the enumerated state vehicle policies. Recodifies several listed provisions currently under GS 143-341(8)i. as provisions under newly created GS 143-341(12) or new Article 18 in GS Chapter 20. Makes conforming and clarifying changes to the recodified provisions. Directs State Fleet Management to file an annual report with the General Assembly on state entities' failures to comply with the requirements and makes a violation a Class 1 misdemeanor. Provides that state-owned vehicles must be marked to indicate the agency or institution that owns or operates the vehicle and as otherwise required by GS 20-39.1. Prohibits the following entities from transferring passenger vehicles to the DOA: (1) Highway Patrol, (2) State Bureau of Investigation, (3) vehicles of constituent institutions of UNC that are used primarily for law-enforcement purposes, and (4) Department Public Safety vehicles used for Butner Public Safety. Sets the minimum rates for state agency vehicles. Directs DOA to adopt rules to permanently assign state-owned vehicles based on miles traveled, frequency of use, and purpose. Further amends new GS 143-341(12) to list the powers and duties of the State Fleet Management. Makes the provisions concerning expansion to State Fleet Management effective January 1, 2013. Permits the DOA to use funds from the Motor Fleet Management internal service fund to expand to the State Fleet Management.

Intro. by Hartsell.GS 20, GS 143
S 840 (2011-2012) PERMANENT LICENSE PLATES. Filed May 21 2012, TO LIMIT ELIGIBILITY FOR PERMANENT REGISTRATION PLATES TO GOVERNMENTAL ENTITIES, AND TO REFORM THE PROCESS BY WHICH ELIGIBLE ENTITIES APPLY FOR AND ARE ISSUED PERMANENT REGISTRATION PLATES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION.

Identical to H 989, filed 5/16/12.

Amends GS 20-84 (permanent registration plates) to require every eligible entity that receives a permanent registration plate to register the plate under the entity's full legal name. Makes conforming changes. Continues to permit the issuance of permanent plates for motor vehicles owned by the state, a state agency, a local government, a board of education, and adds motor vehicles owned by a community college. Deletes all other entities and persons from the list of those eligible to receive a permanent plate. Authorizes the Division of Motor Vehicles (DMV) to revoke all permanent plates that are 90 days or more past due inspection. Amends GS 117-33 to state that a telephone membership corporation is not eligible to receive a permanent plate. Directs DMV to cancel all permanent plates issued to non-state entities and reissue new permanent plates with a new design by January 15, 2013. Effective July 1, 2012.

Intro. by Hartsell.GS 20
S 841 (2011-2012) EFFECTIVE UTILIZATION OF PED. Filed May 21 2012, TO ENSURE THAT THE RESOURCES OF THE PROGRAM EVALUATION DIVISION ARE UTILIZED EFFECTIVELY BY THE GENERAL ASSEMBLY, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Identical to H 1012, filed 5/17/12.

Enacts new GS 120-36.17 to require each introduced bill or resolution that proposes a study or evaluation by the Program Evaluation Division (PED) to also include an attached impact statement, which estimates the number of personnel, number of hours, and estimated costs required to complete the study or evaluation proposed. Provides that if PED is unable to undertake the study as part of its current work plan, PED must indicate another timeframe for the study. Requires PED to prepare the impact statement within two weeks of the request, and allows for extension. Amends GS 120-36.13(a) (PED work plan), requiring the study or evaluation to be included in the next annual PED work plan with a one year reporting extension if the enacted legislation did not include an impact statement, unless the PED did not provide the statement within the specified time period.

Intro. by Hartsell.GS 120
S 842 (2011-2012) CHILD NUTRITION PROGRAM SOLVENCY AND SUPPORT. Filed May 21 2012, (1) TO PROHIBIT LOCAL SCHOOL ADMINISTRATIVE UNITS FROM ASSESSING INDIRECT COSTS TO A CHILD NUTRITION PROGRAM UNLESS THE PROGRAM IS FINANCIALLY SOLVENT AND (2) TO APPROPRIATE FUNDS TO PROMOTE OPTIMAL PRICING FOR CHILD NUTRITION PROGRAM FOODS AND SUPPLIES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION.

Identical to H 1003, filed 5/17/12.

Amends GS 115C-450 as the title indicates. Defines indirect costs as the term is defined in the United States Office of Budget and Management Circular A-87, as revised, and uses the term cost of operation as defined in GS 115C-264(c).
Appropriates $80,000 in recurring funds for 2012-13 from the General Fund to the Department of Public Instruction, Division of School Support, Child Nutritional Services Section, for purposes as the title indicates. Requires the Department of Public Instruction (DPI) to make annual reports to the Joint Legislative Education Oversight Committee beginning on October 1, 2013, and each subsequent year that DPI receives this appropriation. Effective July 1, 2012.

Intro. by Hartsell.APPROP, GS 115C
S 843 (2011-2012) INTESTATE PROPERTY/CHILD'S YEAR'S ALLOWANCE. Filed May 21 2012, TO INCREASE THE MINIMUM AMOUNT OF INTESTATE PERSONAL PROPERTY PASSING TO THE SURVIVING SPOUSE AND THE AMOUNT OF THE YEAR'S ALLOWANCE FROM A DECEDENT’S ESTATE FOR A SURVIVING CHILD, TO REINSERT ERRONEOUSLY REMOVED REFERENCES TO A CHILD'S "NEXT FRIEND" IN THE STATUTES RELATING TO A CHILD’S YEAR ALLOWANCE, AND TO SPECIFY THAT THE CHILD’S YEAR’S ALLOWANCE MAY BE PAID TO A WIDOWER ON THE CHILD’S BEHALF AS WELL AS TO A WIDOW, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Amends GS 29-14(b) to increase the share of a surviving spouse in intestate personal property, as the title indicates. Amends GS 30-17, as amended by this act, to increase the allowance received by a surviving child under the age of 18 to $5,000 (was, $2,000) for the year following the death of the parent in addition to the child’s share of the deceased parent’s estate. Effective January 1, 2013, and applies to estates of persons dying on or after that date.
Amends GS 30-17 (When children entitled to an allowance) to reinsert reference to a “child’s next friend” and to provide that a child’s allowance may be paid to a surviving spouse (was, widow) if the child resides with the surviving spouse of the deceased parent.
Amends GS 30-20 (Procedure for assignment), GS 30-21 (Report of clerk or magistrate), GS 30-23 (Right of appeal), and GS 30-27 (Surviving spouse or child may apply to superior court) to reinsert references to a child’s “next friend” as the title indicates.

Intro. by Hartsell.GS 29, GS 30
S 845 (2011-2012) CO-OWNERS/UNEQUAL SHARES/SIMULTANEOUS DEATH. Filed May 21 2012, TO CONFORM THE LAW GOVERNING CO-OWNERS WITH RIGHT OF SURVIVORSHIP UNDER THE SIMULTANEOUS DEATH ACT TO THE LAW GOVERNING THE HOLDING OF UNEQUAL SHARES IN A JOINT TENANCY WITH RIGHT OF SURVIVORSHIP, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Amends GS 28A-24-3 to provide that if there are two or more co-owners with right of survivorship and (1) it is not established that at least one of them survived the other(s) by at least 120 hours, then each co-owner’s pro rata interest passes as if the co-owner had survived all other(s) by at least 120 hours and (2) it is established that at least one of them survived the other(s) by at least 120 hours, then the pro rata interest of the deceased who are not established to have survived by at least 120 hours passes to the remaining owner, or if there is more than one, to the remaining owners according to their pro rata interest. Makes a conforming change to GS 41-2(b).

Intro. by Hartsell.GS 28A, GS 41
S 846 (2011-2012) PASSING TITLE BY WILL. Filed May 21 2012, TO CLARIFY, MODIFY, AND CONSOLIDATE THE LAW APPLICABLE TO THE PASSING OF TITLE TO INTERESTS IN REAL AND PERSONAL PROPERTY DEVISED BY A WILL AND THE RIGHTS OF LIEN CREDITORS AND PURCHASERS FOR VALUE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Amends GS 28A-2A-1 (concerning probate of will) to delete limitations on the validity of a will, and retains language stating the executor may admit a will for probate. Deletes all provisions of GS 31-39 (probate necessary to pass title; recordation in county where land lies; rights of innocent purchasers) and provides that a duly probated will is effective to pass title to real and personal property. Details circumstances when a will does or does not pass title to property as against lien creditors or purchasers for valuable consideration. Makes conforming changes.

Intro. by Hartsell.GS 28A, GS 31
S 847 (2011-2012) GSC TECHNICAL CORRECTIONS/OTHER CHANGES (NEW). Filed May 21 2012, TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES, INCLUDING SPECIFICALLY AUTHORIZING THE REVISOR OF STATUTES TO PRINT DRAFTERS' COMMENTS TO THREE ACTS ENACTED IN 2011 IN WHICH THIS AUTHORIZATION WAS INADVERTENTLY OMITTED, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Makes technical corrections, as title indicates, to various provisions in the General Statutes. Authorizes the Revisor of Statutes to print the explanatory comments for the following session laws: 2011-341 (Allow Attorneys’ Fees in Business Contracts); SL 2011-339 (Trusts and Estate Planning Changes); and SL 2011-344 (Revise Probate Code).

S 849 (2011-2012) AMEND OFFICER SALARY CONTINUATION. Filed May 21 2012, TO AMEND THE SALARY CONTINUATION LAWS TO PROVIDE THAT ONLY OFFICERS INJURED AND INCAPACITATED AS THE RESULT OF EXTREME ACTIVITY IN THE COURSE OF PERFORMING THEIR OFFICIAL DUTIES RECEIVE A HIGHER COMPENSATION RATE FOR THE TWO-YEAR PERIOD BEFORE REVERTING TO THE RATES PROVIDED UNDER THE WORKERS COMPENSATION LAWS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Amends GS 143-166.14 as title indicates. Applies to incapacity commencing on or after October 1, 2012.

Intro. by Goolsby.GS 143
S 850 (2011-2012) LEGISLATIVE OVERSIGHT OF FISH & WILDLIFE MGMT. Filed May 21 2012, TO ESTABLISH THE JOINT LEGISLATIVE COMMISSION ON FISH AND WILDLIFE.

Establishes the 16 member Joint Legislative Commission on Fish and Wildlife (Commission) under Article 12F of GS Chapter 120, and makes a conforming change to the Article’s title. Details the membership, duties, and organization of the Commission. Removes review over seafood and aquaculture matters from the authority of the Joint Legislative Commission on Governmental Operations. Makes conforming changes to various provisions to transfer reporting requirements to the newly-established Commission. Effective January 1, 2013.

Intro. by Brown, Goolsby, Rabon.GS 113, GS 120, GS 143B
S 852 (2011-2012) TRANSFER FRAUD UNIT. Filed May 21 2012, TO TRANSFER THE FRAUD UNIT OF THE INDUSTRIAL COMMISSION TO THE DEPARTMENT OF INSURANCE ALONG WITH ALL APPROPRIATIONS MADE TO THAT UNIT.

As title indicates. Specifies that the management functions of the Fraud Unit will be under the supervision of the Commissioner of Insurance. Effective July 1, 2012.

Intro. by Daniel, D. Berger.UNCODIFIED
S 853 (2011-2012) NCCS 50TH ANNIVERSARY SPECIAL PLATE. Filed May 21 2012, TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO PRODUCE A SPECIAL PLATE TO COMMEMORATE THE 50TH ANNIVERSARY OF THE NORTH CAROLINA COMMUNITY COLLEGE SYSTEM.

Amends GS 20-79.4(b) to authorize the Division of Motor Vehicles to produce a special plate as the title indicates. Adds subsection (b126) to GS 20-81.12 to require that the Division receive a minimum of 300 applications before the plate may be developed. Establishes a special plate fee of $25 and requires that $10 of that amount be distributed to the Special Registration Plate Account and that $15 be distributed to the Collegiate and Cultural Attraction Plate Account (CCAPA). Directs the Division to transfer quarterly the money in the CCAPA from the sale of the plates to the North Carolina Community Colleges Foundation, Inc., to provide scholarships for the children of faculty and staff employed by any North Carolina community college and for NC community college employees attending or entering any community college in North Carolina. Effective July 1, 2012.

Intro. by Hartsell.GS 20
S 854 (2011-2012) PROHIBIT USE OF TAX-ZAPPER SOFTWARE. Filed May 21 2012, TO MAKE IT A CRIMINAL OFFENSE TO SELL, PURCHASE, INSTALL, POSSESS, TRANSFER, USE, OR ACCESS AN AUTOMATED SALES SUPPRESSION DEVICE.

Enacts new GS 14-118.6 to provide as title indicates. Makes a violation of the statute a Class H felony, and makes the offender liable for all taxes, penalties, and interest resulting from the use of the device. Defines several terms, including phantom-ware and automated sales suppression device or zapper, which is a software program that falsifies the electronic records of cash registers and other point-of-sale systems. Makes these devices and programs contraband. Applies to offenses committed on or after December 1, 2012.

Intro. by McKissick, Bingham, Brown.GS 14
S 855 (2011-2012) AMEND COURT RECORDING REQUIREMENTS. Filed May 21 2012, TO PROVIDE THAT A TRIAL JUDGE MAY DENY A MOTION FOR COMPLETE RECORDATION OF PROCEEDINGS IN NON-CAPITAL CASES.

Amends GS 15A-1241(b) as the title indicates. Applies to proceedings conducted on or after October 1, 2012.

Intro. by Clodfelter.GS 15A

The Daily Bulletin: 2012-05-21

LOCAL/HOUSE BILLS
H 1016 (2011-2012) LOWER CAPE FEAR DESIGN-BUILD. Filed May 21 2012, TO PERMIT THE LOWER CAPE FEAR WATER AND SEWER AUTHORITY TO UTILIZE THE DESIGN-BUILD METHOD OF CONSTRUCTION OF WATER PROJECTS.

As the title indicates. Provides guidelines for prequalifying and soliciting bids from design-build teams for each project. Authorizes the Lower Cape Fear Water and Sewer Authority to contract for the construction of water projects within its service area. This act expires December 31, 2015.

H 1018 (2011-2012) YADKIN VALLEY CAREER ACADEMY. Filed May 21 2012, TO AUTHORIZE APPROVAL OF THE YADKIN VALLEY REGIONAL CAREER ACADEMY AS A COOPERATIVE INNOVATIVE HIGH SCHOOL FOR THE 2012-13 SCHOOL YEAR.

As the title indicates. Permits a joint application for approval of a cooperative innovative high school from the local boards of education for Davidson County Schools, Thomasville City Schools, and Lexington City Schools. Authorizes approval of the application by the State Board of Education and the State Board of Community Colleges for the 2012-13 school year provided that the application is received by June 15, 2012. Provides for approval of the application without there being an explicit appropriation from the General Assembly.

Intro. by Dockham.Davidson
H 1029 (2011-2012) MAYODAN MANAGER RESIDENCY. Filed May 21 2012, TO REMOVE THE REQUIREMENT THAT THE TOWN MANAGER OF MAYODAN BE A RESIDENT OF THAT TOWN.

As title indicates.

Intro. by Holloway, Jones.Rockingham
H 1032 (2011-2012) MORGANTON DEANNEXATION. Filed May 21 2012, REMOVING CERTAIN DESCRIBED NONCONTIGUOUS PROPERTY FROM THE CORPORATE LIMITS OF THE CITY OF MORGANTON.

Identical to S 831, filed 5/17/12.

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Removes two tracts as described from Morganton's corporate limits. Effective June 30, 2012.

Intro. by Blackwell, Gillespie.Burke

The Daily Bulletin: 2012-05-21

LOCAL/SENATE BILLS
S 848 (2011-2012) DURHAM CITY ASSESSMENTS. Filed May 21 2012, INCORPORATING ADDITIONAL BASES FOR MAKING ASSESSMENTS UNDER THE CHARTER OF THE CITY OF DURHAM IN THE CASE OF BOTH PETITIONED AND NON-PETITIONED ASSESSMENTS.

As the title indicates. Also amends Section 77 of the Durham City Charter to clarify that the assessments in that section are in reference to benefiting property (was, abutting).

Intro. by McKissick, Atwater.Durham
ACTIONS ON BILLS

Actions on Bills: 2012-05-21

PUBLIC BILLS

H 55: RELIEF FROM INCORRECT PATERNITY DETERMINATION.

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

H 608: HONOR B. HOLT.

    House: Adopted

H 925: ANNEXATION REFORM 2 (NEW).

    Senate: Passed 3rd Reading

H 985: DRIVER EDUCATION FEE PAID WHEN GETTING PERMIT.

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

H 989: PERMANENT LICENSE PLATES.

    House: Passed 1st Reading
    House: Ref to the Com on Transportation, if favorable, Finance

H 990: SPECIAL PLATE FOR RETIRED REGISTER OF DEEDS.

    House: Passed 1st Reading
    House: Ref to the Com on Transportation, if favorable, Finance

H 992: SPECIAL PLATE FOR TOWN OF MATTHEWS.

    House: Passed 1st Reading
    House: Ref to the Com on Transportation, if favorable, Finance

H 995: TAX ADJUSTMENT PLAN.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Appropriations

H 996: CHILD DEATH RESEARCH FUNDS.

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

H 997: FUNDS TO PREVENT INFANT MORTALITY.

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

H 998: FUNDS TO REDUCE CLASS SIZE IN K-3.

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

H 999: RESTORE LEA FLEXIBILITY ADJUSTMENT FUNDING.

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

H 1000: COMMUNITY ASSOCIATION MGRS. LICENSING ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary Subcommittee A, if favorable, Finance

H 1001: EO/NO DOMA.

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

H 1002: BILL OF RIGHTS/DEAF/HEARING IMPAIRED.

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

H 1003: CHILD NUTRITION PROGRAM SOLVENCY AND SUPPORT.

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

H 1004: REFORM WORKFORCE DEVELOPMENT.

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

H 1005: FUNDS FOR FSU'S BUTLER BUILDING.

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

H 1006: SPECIAL MOTORCYCLE PLATE FOR VIETNAM VETERANS.

    House: Passed 1st Reading
    House: Ref to the Com on Transportation, if favorable, Finance

H 1007: RESOLUTION HONORING SPC ELLIOTT.

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

H 1008: NO TELEVISIONS ON DEATH ROW.

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

H 1009: MSD AMENDMENTS.

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

H 1010: UNC TV/RESTORE FUNDS.

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

H 1011: BUDGET FULL ENROLLMENT GROWTH FOR UNC.

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

H 1012: EFFECTIVE UTILIZATION OF PED.

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

H 1013: UNC FACULTY & RETENTION FUND.

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

H 1014: REFORM OVERSIGHT OF STATE-OWNED VEHICLES.

    House: Filed

H 1015: ECONOMIC DEVPT. & FINANCE CHANGES (NEW).

    House: Filed

H 1017: CHANGES TO COMMERCE REPORTING REQUIREMENTS.

    House: Filed

H 1019: HONOR ALAN DICKSON.

    House: Filed

H 1020: PATRIOT OUTREACH.

    House: Filed

H 1021: JUSTICE REINVESTMENT CLARIFICATIONS.

    House: Filed

H 1022: HONOR RICK RHYNE.

    House: Filed

H 1023: EXPUNCTION/NONVIOLENT OFFENSES.

    House: Filed

H 1024: UNEMPLOYMENT INSURANCE CHANGES.

    House: Filed

H 1025: EXTEND TAX PROVISIONS.

    House: Filed

H 1026: REVENUE LAWS TECH., CLARIFYING, AND ADMIN CHNGS.

    House: Filed

H 1027: EXPEDITED RULE MAKING FOR FORCED COMBINATION.

    House: Filed

H 1028: APPRAISAL MGMT CO REPORTED TO DEPT OF REVENUE.

    House: Filed

H 1030: ACCOUNTABILITY FOR TAXPAYER INVESTMENT ACT.

    House: Filed

H 1031: SMARTER GOV/BUSINESS INTELLIGENCE INITIATIVE.

    House: Filed

H 1033: HONOR VETERANS.

    House: Filed

S 582: AUTHORIZE INDIAN GAMING/REVENUE (NEW).

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

S 797: PYMT. OF 2012 MEDICAID COSTS/INMATE MED COSTS (NEW).

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

S 806: MODIFY MORTGAGE REGULATION FUNDING.

    Senate: Passed 1st Reading
    Senate: Ref to Commerce. If fav, re-ref to Finance

S 807: PROHIBIT CERTAIN HARVEST OF MENHADEN.

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

S 808: CHANGES TO COMMERCE REPORTING REQUIREMENTS.

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

S 809: ENVIRONMENTAL TECHNICAL CORRECTIONS 2012.

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

S 810: REGULATORY REFORM ACT OF 2012.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Agriculture/Environment/Natural Resources
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Commerce

S 811: ENR REPORTS CONSOLIDATION.

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

S 812: PROTECT DENR FROM CO-APPLICANT LIABILITY.

    Senate: Passed 1st Reading
    Senate: Ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary I

S 813: DCR AND DENR/STUDY STATE ATTRACTIONS SAVINGS.

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

S 814: RESTORE PRIVATE WELL PROGRAM/FUNDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Appropriations/Base Budget

S 815: REFORM WORKFORCE DEVELOPMENT.

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

S 816: BANKING LAW MODERNIZATION ACT.

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

S 817: CONFIRM TAMARA NANCE TO INDUSTRIAL COMM.

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

S 819: URGE CONGRESS ADOPT DOMESTIC ENERGY POLICY.

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

S 820: CLEAN ENERGY AND ECONOMIC SECURITY ACT.

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

S 821: STUDY AND AMEND FISHERIES LAWS (NEW).

    Senate: Passed 1st Reading
    Senate: Ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Finance

S 822: PROTECT PLASTIC WASTE RECYCLING STREAM.

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

S 823: REPEAL PROHIBITION ON TEACHER PREPAYMENT.

    Senate: Passed 1st Reading
    Senate: Ref to Education/Higher Education. If fav, re-ref to Appropriations/Base Budget

S 824: EXPEDITED RULE MAKING FOR FORCED COMBINATIONS.

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

S 825: APPRAISAL MGMT CO REPORTED TO DEPT OF REVENUE.

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

S 826: REVENUE LAWS TECH., CLARIFYING, & ADMIN CHANGES.

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

S 827: EXTEND TAX PROVISIONS.

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

S 828: UNEMPLOYMENT INSURANCE CHANGES.

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

S 829: STUDY REORGANIZATION OF FISH & WILDLIFE MGMT.

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

S 832: PROVISIONAL LICENSURE CHANGES MEDICAID.

    Senate: Filed

S 833: GENERAL ASSEMBLY APPROVE SALE OF DIX PROPERTY.

    Senate: Filed

S 834: PARTNERSHIP FOR CHILDREN PARTICIPANT RECORDS.

    Senate: Filed

S 835: ELIMINATE LME PROVIDER ENDORSEMENT.

    Senate: Filed

S 836: IMPROVE PROPERTY INSURANCE RATE MAKING.

    Senate: Filed

S 837: REFORM WORKFORCE DEVELOPMENT.

    Senate: Filed

S 838: TECHNICAL CHANGE/EXEMPT PROPERTY FORM.

    Senate: Filed

S 839: REFORM OVERSIGHT OF STATE-OWNED VEHICLES.

    Senate: Filed

S 840: PERMANENT LICENSE PLATES.

    Senate: Filed

S 841: EFFECTIVE UTILIZATION OF PED.

    Senate: Filed

S 842: CHILD NUTRITION PROGRAM SOLVENCY AND SUPPORT.

    Senate: Filed

S 843: INTESTATE PROPERTY/CHILD'S YEAR'S ALLOWANCE.

    Senate: Filed

S 844: AMEND UCC ARTICLE 9/SECURED TRANSACTIONS.

    Senate: Filed

S 845: CO-OWNERS/UNEQUAL SHARES/SIMULTANEOUS DEATH.

    Senate: Filed

S 846: PASSING TITLE BY WILL.

    Senate: Filed

S 847: GSC TECHNICAL CORRECTIONS/OTHER CHANGES (NEW).

    Senate: Filed

S 849: AMEND OFFICER SALARY CONTINUATION.

    Senate: Filed

S 850: LEGISLATIVE OVERSIGHT OF FISH & WILDLIFE MGMT.

    Senate: Filed

S 851: BOARDS & COMMISSIONS EFFICIENCY ACT OF 2012.

    Senate: Filed

S 852: TRANSFER FRAUD UNIT.

    Senate: Filed

S 853: NCCS 50TH ANNIVERSARY SPECIAL PLATE.

    Senate: Filed

S 854: PROHIBIT USE OF TAX-ZAPPER SOFTWARE.

    Senate: Filed

S 855: AMEND COURT RECORDING REQUIREMENTS.

    Senate: Filed

Actions on Bills: 2012-05-21

LOCAL BILLS

H 5: LOCAL DEANNEXATIONS (NEW).

    Senate: Passed 3rd Reading

H 986: ANSON COUNTY AGRI-CIVIC CENTER FUNDS.

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

H 987: WAKE TECH BOARD OF TRUSTEES.

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

H 988: AVERASBORO TOWNSHIP TDA CHANGES.

    House: Passed 1st Reading
    House: Ref to the Com on Government, if favorable, Finance

H 991: JACKSON CO. OCCUPANCY TAX CHANGES.

    House: Passed 1st Reading
    House: Ref to the Com on Government, if favorable, Finance

H 993: IREDELL REGISTER OF DEEDS SATELLITE OFFICE.

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

H 994: ROCKINGHAM COUNTY DESIGN-BUILD.

    House: Passed 1st Reading
    House: Ref to the Com on Government, if favorable, Finance

H 1016: LOWER CAPE FEAR DESIGN-BUILD.

    House: Filed

H 1018: YADKIN VALLEY CAREER ACADEMY.

    House: Filed

H 1029: MAYODAN MANAGER RESIDENCY.

    House: Filed

H 1032: MORGANTON DEANNEXATION.

    House: Filed

S 799: REPAIR GUILFORD LOCAL ACT.

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

S 818: CLAY COUNTY COURTHOUSE.

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

S 830: IREDELL REGISTER OF DEEDS SATELLITE OFFICE.

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

S 831: MORGANTON DEANNEXATION.

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

S 848: DURHAM CITY ASSESSMENTS.

    Senate: Filed

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