The Daily Bulletin: 2012-05-22

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The Daily Bulletin: 2012-05-22

PUBLIC/HOUSE BILLS
H 803 (2011-2012) ALLOW COURT TO ASSESS ATTY FEES/50C ORDERS. Filed Apr 6 2011, ALLOWING A COURT TO ASSESS ATTORNEYS' FEES WHEN A CIVIL NO-CONTACT ORDER IS BROUGHT WITHOUT FACTUAL BASIS.

Senate committee substitute makes the following changes to 2nd edition. Changes effective date from October 1, 2011, to October 1, 2012.

Intro. by Rhyne.
H 1034 (2011-2012) CONFIRM TAMARA NANCE TO INDUSTRIAL COMM. Filed May 22 2012, TO CONFIRM THE APPOINTMENT OF TAMARA NANCE TO THE NORTH CAROLINA INDUSTRIAL COMMISSION.

Identical to S 817, filed 5/17/12.

As title indicates.

Intro. by Folwell.JOINT RES
H 1035 (2011-2012) LICENSE PLATE BACKGROUND. Filed May 22 2012, TO AUTHORIZE THE CONTINUED ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE PLATE BACKGROUND DESIGNS, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.

Amends GS 20-63(b) as the title indicates. Makes a conforming change repealing Section 1.1 of SL 2011-392, which repealed GS 20 63(b1). Effective July 1, 2012.

Intro. by Gillespie.GS 20
H 1036 (2011-2012) DOT/DENR STUDY EXPEDITE WATER QUALITY REG. Filed May 22 2012, TO DIRECT THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO JOINTLY STUDY EXPEDITING WATER QUALITY REGULATION MONITORING AND IMPLEMENTATION FOR TRANSPORTATION PROJECTS.

As title indicates. Requires a report to the Joint Legislative Transportation Oversight Committee by December 1, 2012.

Intro. by Torbett.STUDY
H 1037 (2011-2012) INTEREST RATE ON DOT CONDEMNATION DEPOSITS. Filed May 22 2012, TO AUTHORIZE A MARKET INTEREST RATE OF INTEREST ON DEPARTMENT OF TRANSPORTATION CONDEMNATION JUDGMENTS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION LIFE CYCLE COST ANALYSIS COMMITTEE.

Amends GS 136-113 to provide that interest at the prime rate plus 1% (rather than the legal rate under GS 24-1) must be added to the damages amount. Effective October 1, 2012.

Intro. by Torbett.GS 136
H 1038 (2011-2012) AMEND HOV LANE EXEMPTIONS/ALT FUEL VEHICLES. Filed May 22 2012, TO AUTHORIZE VEHICLES THAT RUN ON CERTAIN ALTERNATIVE FUELS TO OPERATE IN HIGH OCCUPANCY VEHICLE LANES, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON ENERGY INDEPENDENCE AND ALTERNATIVE FUELS.

Amends GS 20-146.2(a) (HOV lanes) to exempt hybrid-electric motor vehicles and propane or liquefied propane gas vehicles from the HOV lane restrictions. Adds definitions for hybrid-electric motor vehicle and propane or liquefied propane gas vehicle to GS 20-4.01. Makes a technical correction.

Intro. by Hager, Hastings.GS 20
H 1039 (2011-2012) ESTABLISH ALTERNATIVE FUELS STUDY COMMISSION. Filed May 22 2012, TO ESTABLISH THE NORTH CAROLINA COMMISSION ON ALTERNATIVE FUELS TO STUDY THE USE AND APPLICATION OF ALTERNATIVE FUELS FOR NORTH CAROLINA'S TRANSPORTATION SECTOR, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON ENERGY INDEPENDENCE AND ALTERNATIVE FUELS.

Enacts new Article 3 to GS Chapter 113B, creating the fifteen-member NC Commission on Alternative Fuels (Commission) in the Department of Commerce. Directs the Commission to study the use and development of alternative fuels for transportation in North Carolina. Sets out the Commission’s duties and directs it to report annually to specified entities, with the first report due December 1, 2012.

Intro. by Hager, Hastings.GS 113B
H 1040 (2011-2012) NCSU & UNC-C/ALT FUELS RESEARCH FUNDS. Filed May 22 2012, TO APPROPRIATE FUNDS TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA FOR NORTH CAROLINA STATE UNIVERSITY AND THE UNIVERSITY OF NORTH CAROLINA CHARLOTTE TO RESEARCH AND STUDY ALTERNATIVE FUELS FOR TRANSPORTATION, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON ENERGY INDEPENDENCE AND ALTERNATIVE FUELS.

Appropriates $250,000 for 2012-13 from the General Fund to the University of North Carolina Board of Governors, to be used as title indicates. Effective July 1, 2012.

Intro. by Hager, Hastings.APPROP
H 1042 (2011-2012) ESTABLISH EFFICIENCY & COST-SAVINGS COMMN. Filed May 22 2012, TO ESTABLISH THE JOINT LEGISLATIVE EFFICIENCY AND COST-SAVINGS IN STATE GOVERNMENT STUDY COMMISSION AS RECOMMENDED BY THE LRC COMMITTEE ON EFFICIENCIES IN STATE GOVERNMENT.

Establishes the ten member Joint Legislative Efficiency and Cost-Savings in State Government Study Commission (Commission) as title indicates. Directs the Commission to study any obsolete programs, cost-reduction opportunities in state government, and redirecting existing funds to meet demands for public services. Authorizes the Commission to require the submission of information from agencies, as detailed. Directs the Commission to make an interim report to the 2013 General Assembly and a final report in 2014, at which time the Commission will terminate.

Intro. by Blackwell, Avila, Hager, Crawford.STUDY
H 1043 (2011-2012) ETJ RESTRICTION. Filed May 22 2012, TO RESTRICT THE EXERCISE OF EXTRATERRITORIAL JURISDICTION BY MUNICIPALITIES IN CERTAIN INSTANCES, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON EXTRATERRITORIAL JURISDICTION.

Enacts new subsection (d1) to GS 160A-360 (territorial jurisdiction) to prohibit cities from extending extraterritorial powers into any area in which the county has adopted and is enforcing a zoning ordinance (current law allows a city to do so under certain conditions). Makes conforming changes. Effective July 1, 2012.

Intro. by LaRoque, Moffitt.GS 160A
H 1044 (2011-2012) MOTORCYCLE INSURANCE DISCOUNT/MILITARY. Filed May 22 2012, TO ALLOW MEMBERS OF THE MILITARY WHO HAVE TAKEN A COMPARABLE MOTORCYCLE SAFETY PROGRAM PROVIDED BY FEDERALLY CERTIFIED INSTRUCTORS TO RECEIVE THE SAME MOTORCYCLE INSURANCE DISCOUNT AS CITIZENS WHO COMPLETE THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON MILITARY AFFAIRS.

Amends GS 58-36-65 (concerning motorcycle insurance) to provide as title indicates. Applies to policies in effect on or after October 1, 2012.

Intro. by Shepard, Cook.GS 58
H 1045 (2011-2012) SALARY INCREASE FOR SCHOOL EMPLOYEES. Filed May 22 2012, TO INCREASE THE SALARIES OF PUBLIC SCHOOL EMPLOYEES.

Sets out the monthly salaries for 2012-13 for “A” teachers, ranging from $3,043 to $5,886, and for “M” teachers, ranging from $3,347 to $6,475. Provides for annual longevity payments, ranging from a rate of 1.5% of base salary to 4.5%, depending on years of state service. Provides for a salary supplement, as detailed, for certified teachers, psychologists, speech pathologists, and audiologists at the six-year degree level and at the doctoral degree level. Places certified psychologists, speech pathologists, audiologists, and school nurses on a salary schedule as specified.
Sets out the base salaries for 2012-13 for school-based administrators (principals and assistant principals), ranging from $3,781 to $8,340. Specifies the classification for administrators in alternative schools and cooperative innovative high schools, provides additional details on placing principals on the schedule, and provides for salary supplements and longevity pay. Details the salary procedure for reassignment to a different job classification, and allows for educational stipends.
Sets out the monthly salaries for additional school personnel, ranging from $3,369 to $8,486, and for superintendents, ranging from $4,805 to $11,398. Provides for longevity pay and salary supplements. Provides an annual salary increase of 1.8% for all permanent, full-time personnel paid from the Central Office Allotment, beginning July 1, 2012.
Allows a one-time bonus of 1.8% for teachers and 2% for principals and assistant principals, who are employed on July 1, 2012, and paid at the top of the salary schedule.
Provides for an annual salary increase of 1.8% for employees paid from the General Fund, and details implementation by local boards of education.
Appropriates $83,486,172 in recurring funds and $3,692,182 in nonrecurring funds for 2012-13 from the General Fund to the Department of Public Instruction to implement the act. Appropriates $37,706 in recurring funds for 2012-13 from the Highway Fund to the Department of Public Instruction to implement the act.
Effective July 1, 2012.

Intro. by Glazier, Rapp, McLawhorn, Carney.APPROP
H 1046 (2011-2012) FUNDS FOR STUDENT 2 STUDENT INITIATIVE. Filed May 22 2012, TO APPROPRIATE FUNDS FOR THE STUDENT 2 STUDENT INITIATIVE.

Appropriates $510,000 for 2012-13 from the General Fund to the Department of Public Instruction to be used as title indicates. Effective July 1, 2012.

Intro. by Glazier, Hamilton, Martin, Lucas.APPROP
H 1047 (2011-2012) RESTORE FUNDS FOR MILITARY BUSINESS CENTER. Filed May 22 2012, TO RESTORE FUNDING FOR THE MILITARY BUSINESS CENTER.

Appropriates $125,000 for 2012-13 from the General Fund to the Community Colleges System Office as title indicates. Effective July 1, 2012.

Intro. by Glazier, Floyd, Parfitt, Lucas.APPROP
H 1048 (2011-2012) INCAPACITY TO PROCEED AMENDMENTS. Filed May 22 2012, TO AMEND THE LAWS GOVERNING INCAPACITY TO PROCEED, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION.

Amends GS 15A-1002 (determination of incapacity to proceed; temporary commitment; orders) to clarify that the court may appoint a medical expert or evaluator to examine a defendant charged with a misdemeanor or felony and return a report on the defendant’s mental health. Allows the court to call the appointed expert to testify at the hearing, with or without the request of either party. Clarifies that a judge must find that an examination is more appropriate to determine capacity when a defendant is ordered to a state facility without an examination (current law makes this provision applicable only to felony charges). Permits the court to order the defendant to a state facility to determine the defendant’s capacity at any time in the case of a defendant charged with a felony (current provision also applies to defendants charged with misdemeanors who have been examined). Requires a judge ordering an examination to order the release of confidential information to the examiner, after providing reasonable notice and an opportunity to be heard to the defendant. Requires the court order to include findings of fact to support the determination of the defendant’s capacity to proceed. Allows stipulation by the parties to capacity to proceed only. Sets out requirements and timelines to provide examination reports to the court.
Amends GS 15A-1004(c) to add that the court must order that the defendant be examined to determine whether the defendant has the capacity to proceed before being released from custody. Amends GS 15A-1007 (supplemental hearings) to clarify applicable timelines after a defendant gains capacity to proceed. Amends GS 15A-1008 (dismissal) to require (rather than permit) the court to dismiss charges at the earliest of three specified occurrences when the defendant lacks capacity to proceed. Adds provisions related to the circumstances of dismissal, including the allowance to refile charges. Makes a conforming change to repeal GS 15A-1009 (dismissal with leave when defendant incapable of proceeding). Makes additional clarifying changes.
Amends GS 122C-54(b) to require examination reports submitted by a facility to include any treatment recommendation and an opinion on the likelihood that the defendant will gain the capacity to proceed. Amends GS 122C-263(d) (concerning first examinations) to direct the physician or psychologist to examine the respondent for capacity to proceed if the respondent was involuntarily committed for examination. Makes the statutory amendments effective December 1, 2012.
Directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission) to adopt rules by December 1, 2012, to require appointed forensic evaluators to meet specified standards. Directs the Commission to adopt guidelines, by December 1, 2012, for the treatment of involuntarily committed persons following a determination of incapacity to proceed.

Intro. by Randleman, Hurley, Faircloth, McGuirt.GS 15A, GS 122C
H 1052 (2011-2012) MECHANICS LIENS/PAYMENT BOND REFORMS. Filed May 22 2012, TO MAKE VARIOUS AMENDMENTS TO NORTH CAROLINA'S MECHANICS LIEN, TAX LIEN, AND PAYMENT BOND LAWS.

Makes modifications to the statutes governing liens on real property as follows. Adds several defined terms and clarifies definitions in GS 44A-7. Makes a conforming change to repeal GS 44A-17. Amends GS 44A-11 to expand the steps required to perfect a claim of lien on real property, including service of the claim of lien upon the record owner of the real property and also upon the contractor if applicable. Amends GS 44A-12 to clarify the form required for claims of lien on real property and to add forms for partial lien waivers and final lien waivers. These changes apply to improvements to real property commenced on or after January 1, 2013, and to improvements with the required first permit obtained on or after January 1, 2013.
Effective when the act becomes law, adds subsection (d) to GS 44A-13 to provide that a former owner of improved property, as described, is not a necessary party in an action to enforce a claim of lien.
Amends GS 44A-18 (concerning perfection of lien upon funds) to clarify that second tier and third tier subcontractors may perfect their claims by service of the notice of claim of lien upon funds to the extent of the claim. Clarifies that a lien on funds granted under this statute arises, attaches, and is effective immediately when the subcontractor first furnishes labor, material, or rental equipment at the improvement site and is perfected when written notice is given to the obligor. Enacts new subsection (g), permitting any owner or contractor against whose interest the lien is claimed to make, receive, or use payments until a claimant provides the required written notice. Amends GS 44A-20(d) to add that a lien waiver signed by the contractor before the claim of lien on real property is filed waives the subcontractor’s right to a claim of lien on real property but does not affect the subcontractor’s rights to a claim of liens on funds. Makes modifications to the items included by first tier subcontractors on a claim of lien form in GS 44A-23. Amends GS 44A-24 (concerning false statements) to also make any person making a false written statement about the amount due subject to a claim for unfair and deceptive practice. Makes any person who signs or directs another person to sign the written statement guilty of a Class 1 misdemeanor and subject to a claim for unfair and deceptive practice. Also makes any offense by a licensed contractor or qualifying party that causes harm subject to specified disciplinary action. Amends GS 44A-27 (concerning payment bonds) to require a contractor to furnish a payment bond within seven days of a claimant’s written request. Limits the claim as detailed, unless the contractor does not timely provide the payment bond. Sets out a sample notice of public subcontract form and modifies the notice requirements. Requires notice of public subcontract only for portions of claims exceeding $10,000. Sets out required components for a contractor’s project statement, which must be provided for contracts with bonds. Makes additional clarifying and conforming changes to several provisions governing statutory liens on real property. These changes apply to improvements to real property commenced on or after January 1, 2013, and to improvements with the required first permit obtained on or after January 1, 2013.
Modifies provisions in GS Chapter 44A to remove registered mail as an option for providing notice.
Amends GS 105-362(b)(2) (concerning discharge of lien on real property) to clarify that a part of real property, listed as one parcel and then divided into a separate parcel, must (was, may) be released from the tax lien, after the part’s assessed value has been certified by the county assessor (was, tax supervisor) and payment of all past-due taxes on both parcels and all penalties and interest have been paid. Applies to taxes imposed in tax years beginning on or after July 1, 2012.

Intro. by Stevens.GS 105, GS 44A
H 1053 (2011-2012) IMPROVE PROPERTY INSURANCE RATE MAKING. Filed May 22 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.

Identical to S 836, filed 5/21/12.

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 Dockham.GS 58
H 1054 (2011-2012) CLEAN ENERGY AND ECONOMIC SECURITY ACT. Filed May 22 2012, TO (1) ESTABLISH AN OIL AND GAS BOARD WITH JURISDICTION AND AUTHORITY OVER MATTERS RELATED TO OIL AND GAS EXPLORATION AND DEVELOPMENT IN THE STATE, INCLUDING THE USE OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING FOR THAT PURPOSE, AND DIRECT THE BOARD TO CREATE A MODERN REGULATORY PROGRAM FOR MANAGEMENT OF OIL AND GAS EXPLORATION AND DEVELOPMENT IN THE STATE, INCLUDING THE USE OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING FOR THAT PURPOSE; (2) AUTHORIZE THE PROCESSES OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING FOR THE PURPOSE OF OIL AND GAS EXPLORATION AND DEVELOPMENT IN THE STATE AND PLACE A MORATORIUM ON PERMITTING RELATED TO THOSE PROCESSES UNTIL JULY 1, 2014; (3) ENACT VARIOUS OTHER PROVISIONS RELATED TO MANAGEMENT OF OIL AND GAS EXPLORATION ACTIVITIES, INCLUDING PROVISIONS RELATED TO LOCAL GOVERNMENT AUTHORITY OVER THESE ACTIVITIES; (4) ESTABLISH THE JOINT LEGISLATIVE COMMISSION ON ENERGY POLICY WITH LEGISLATIVE OVERSIGHT OF ALL MATTERS RELATED TO OIL AND GAS EXPLORATION AND DEVELOPMENT IN THE STATE, AND OTHER ENERGY RELATED ISSUES; (5) DIRECT THE DEPARTMENT OF PUBLIC INSTRUCTION TO PURCHASE SCHOOL BUSES THAT OPERATE ON COMPRESSED NATURAL GAS (CNG); (6) DIRECT THE DEPARTMENT OF TRANSPORTATION TO PURCHASE NEW THREE QUARTER TON PICKUP TRUCKS AND NEW ONE HALF TON PICKUP TRUCKS THAT OPERATE ON COMPRESSED NATURAL GAS (CNG) OR COMPRESSED NATURAL GAS (CNG) AND GASOLINE; (7) CREATE AN INTERAGENCY TASK FORCE TO ESTABLISH PUBLIC PRIVATE PARTNERSHIPS FOR THE CONSTRUCTION AND DEVELOPMENT OF COMPRESSED NATURAL GAS (CNG) FUELING INFRASTRUCTURE; (8) ESTABLISH CRITERIA FOR THE OPERATION OF ELECTRIC VEHICLE CHARGING STATIONS LOCATED AT STATE OWNED REST STOPS ALONG THE HIGHWAYS; (9) ENSURE THE USE OF FUEL-EFFICIENT AND COST-EFFICIENT RETREAD TIRES ON STATE VEHICLES; AND (10) AMEND THE ENERGY JOBS ACT OF 2011 IF THE ENERGY JOBS ACT OF 2011 BECOMES LAW, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION ENERGY ISSUES POLICY COMMITTEE.

Identical to S 820, filed 5/17/12.

Establish Oil and Gas Board. Enacts new Part 4, Oil and Gas Board, in Article 27 of GS Chapter 113 to establish the nine-member NC Oil and Gas Board (Board), which has jurisdiction and authority concurrent with that of the Department of Environment and Natural Resources (DENR) in the administration and enforcement of oil and gas exploration and development activities and related laws. Details the Board"s access to information related to oil and gas exploration and development, and directs the Board, by December 31, 2013, to adopt rules to regulate oil and gas exploration and development in NC and the use of horizontal drilling and hydraulic fracturing, as specified.
Authorizes the Board to exercise quasi-judicial powers in accordance with the Administrative Procedure Act. Provides that the Board makes the final agency decision in contested cases arising from civil penalty assessments made, and rules adopted, under Article 27 (Oil and Gas Conservation) of GS Chapter 113. Permits penalties based on listed factors. Requires the appointment, from members of the Board, of a Committee on Civil Penalty Remissions, which makes the final agency decision on remission requests, as detailed. Authorizes the Attorney General to commence a civil action if the violator does not pay the civil penalty within 30 days. Lists the residency and qualification requirements for the nine Board members, and sets out term, meeting, and leadership details. Requires initial appointments to the Board by August 1, 2012, and makes the first quarterly report due January 1, 2013.
Sets out the Board"s reporting requirements to the Joint Legislative Commission on Energy Policy.
Enacts new GS 132-11, requiring all information obtained by the Board and DENR, related to oil and gas exploration and development, to be available for public inspection and examination two years after the Board receives the information, provided the information is not confidential or a trade secret.
Statutory and Rule Changes; Moratorium. Amends GS 113-389 to add four defined terms, including hydraulic fracturing fluid and hydraulic fracturing treatment. Makes conforming changes to GS 113-391 (DENR"s jurisdiction and authority over oil and gas conservation) to make DENR"s authority concurrent with that of the newly-established Board, and to remove restrictions on horizontal drilling and hydraulic fracturing. Makes conforming changes to GS 113-393(d) (development of lands as drilling units) and GS 143-214.2(b) (prohibited discharges in state waters). Prohibits DENR from enforcing any rule that would ban horizontal drilling and hydraulic fracturing treatments and related activities, as described. Establishes a moratorium on the issuance of permits for horizontal drilling and hydraulic fracturing in North Carolina through July 1, 2014.
Misc. Provisions. Enacts new GS 113-388A, authorizing cities and counties to impose a one-time impact fee, up to $30,000, for each oil or gas well; the fee must be calculated as detailed, and may be appealed. Enacts new GS 113-415A to make invalid any local ordinance that prohibits oil and gas exploration and development activities, and the use of horizontal drilling or hydraulic fracturing. Provides a Board hearing process when exploration and development activities would be prevented by a local ordinance, and sets out the procedure to appeal the Board"s decision. Renames the Division of Land Resources in DENR as the Division of Energy, Mineral, and Land Resources.
Energy Policy Oversight Commission. Enacts new Article 33 in GS Chapter 120, creating a ten-member Joint Legislative Commission on Energy Policy (Commission) to oversee energy policy in North Carolina. Details the membership, term limits, organization, and powers of the Commission.
Compressed Natural Gas-Fueled Equipment. Directs the Department of Public Instruction to purchase, in specified phases, school buses that operate on compressed natural gas (CNG), beginning July 1, 2013. Directs the Department of Transportation (DOT) to purchase, in specified phases, new 3/4 ton and 1/2 ton pickup trucks that operate on CNG or on CNG and gasoline, beginning July 1, 2013. Provides for the creation of an interagency task force to establish public-private partnerships with the CNG industry to develop infrastructure supporting the CNG vehicles. Includes reporting requirements.
Electric Vehicles and Retread Tires. Authorizes the DOT to operate electric vehicle charging stations at state-owned rest stops, provided two detailed conditions are met. Sets out reporting requirements.
Amends GS 115C-249.1 (concerning the purchase, repair, or refurbishment of school bus tires) to prohibit contracts executed on or after July 1, 2012, from including any specification for retread rubber formulations. Also requires the contracts to require pre-cure fuel efficient rated retreaded tires. Amends GS 143-63.2 (concerning the purchase, repair, or refurbishment of state vehicle tires) to require all contracts executed on or after July 1, 2011, excluding contracts in place for future purchases, to comply with the statute. Makes conforming changes.
Energy Jobs Act of 2011. Makes several changes to the Energy Jobs Act of 2011 (SB 709) if the Act becomes law, as follows. Makes clarifying changes to the provision requiring the development of a regional energy strategy (was, regional energy compact) for the exploration and development of offshore energy resources and requires final recommendations by December 31, 2012. Repeals provision requiring DENR"s report on onshore shale gas resources. Amends GS 113B-3 to change the deadline for appointments to the Energy Jobs Council to September 1, 2012 (rather than October 1, 2011). Amends Council membership qualifications. Makes additional clarifying changes.
Includes legislative findings and statements of intent, and incorporates specified recommendations from DENR"s March 2012 draft report on oil and gas resources. 

Intro. by Hager, Gillespie, K. Alexander, R. Moore.GS 115C, GS 113, GS 120, GS 132, GS 143
H 1055 (2011-2012) ELIMINATE LME PROVIDER ENDORSEMENT. Filed May 22 2012, RELATING TO PROVIDER ENDORSEMENT FUNCTIONS OF LOCAL MANAGEMENT ENTITIES, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Identical to S 835, filed 5/21/12.

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 Burr, Dollar.GS 122C
H 1056 (2011-2012) PARTNERSHIP FOR CHILDREN PARTICIPANT RECORDS. Filed May 22 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.

Identical to S 834, filed 5/21/12.

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

Intro. by Burr, Dollar.GS 132
H 1057 (2011-2012) RESTORE FUNDS FOR PROJECT C.A.R.E. Filed May 22 2012, TO RESTORE FUNDING TO THE DIVISION OF AGING AND ADULT SERVICES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE PROJECT CAREGIVER ALTERNATIVES TO RUNNING ON EMPTY PROGRAM.

Appropriates $500,000 from the General Fund to the Department of Health and Human Services, Division of Aging and Adult Services, to be used as title indicates. Effective July 1, 2012.

Intro. by Weiss, Insko, Earle, M. Alexander.APPROP
H 1058 (2011-2012) REFORM WORKFORCE DEVELOPMENT Filed May 22 2012, INITIATING REFORM OF THE WORKFORCE DEVELOPMENT LAWS OF NORTH CAROLINA, MODIFYING THE COMPOSITION OF THE NORTH CAROLINA COMMISSION ON WORKFORCE DEVELOPMENT, AND ESTABLISHING THE JOINT LEGISLATIVE WORKFORCE DEVELOPMENT SYSTEM REFORM COMMITTEE, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION.

Identical to S 815, filed 5/17/12.

Amends GS 143B-438.10 (concerning the Commission on Workforce Development) to clarify and expand the Commission's duties, adding, among others, the duty to submit annual reports to the General Assembly, beginning January 15, 2014, and the duty to develop the memorandum of understanding for workforce development programs. Effective January 1, 2013, decreases from 38 to 25 the number of Commission members, as detailed. Provides that the terms of current members expire December 31, 2012. Adds reporting requirements for entities subject to review by the Commission, details a confidentiality provision, and requires appointment of an Advisory Work Group. Sets out a reporting requirement to the newly established Joint Legislative Workforce Development System Reform Oversight Committee.
Directs the Commission to set standards for JobLink Career Centers, as specified, and requires a review of the memorandum of understanding for the Centers, as detailed. Provides for the appointment of a workgroup, composed of representatives from listed entities, to assist with the review, which must be completed by May 15, 2013, with the memorandum effective July 1, 2013. Sets out additional reporting requirements for the Commission.
Amends GS 143B-438.11 to also require local Workforce Development Boards to provide regional workforce development planning and labor market data sharing. Directs the Commission and the Department of Commerce to assist any local board that realigns its service area to the boundaries of a local regional council of governments, and requires quarterly reports, as indicated, on the realignment.
Effective July 1, 2012, amends GS 96-32 to require the Division of Labor and Economic Analysis (DLEA) in the Department of Commerce (rather than the Division of Employment Security) to maintain the common follow-up information management system to track specified performance measures. Adds duties for DLEA, and includes reporting requirements.
Directs the Department of Commerce to develop and implement, by July 1, 2013, a web-based intake system for North Carolina's workforce development efforts, which must include specified information. Directs the NC Community College System Office to end operation of the Workforce Initiatives program.
Creates the sixteen member Joint Legislative Workforce Development System Reform Oversight Committee to monitor and oversee the workforce development system and JobLink Career Centers. Sets out interim and final reporting deadlines, and directs the Committee to terminate upon filing the final report.

Intro. by Howard.GS 96, GS 143B
H 1060 (2011-2012) NORTH CAROLINA URBAN EMPOWERMENT INITIATIVE. Filed May 22 2012, TO CREATE THE NORTH CAROLINA URBAN EMPOWERMENT INITIATIVE.

Enacts new Part 22 in Article 10 of GS Chapter 143B to establish the North Carolina Urban Empowerment Initiative Fund (Fund) within the Department of Commerce (Department). States that the purpose of the Urban Empowerment Initiative (Initiative) is to provide empowerment firms with economic development assistance, grant support, and working capital loans; to coordinate with existing federal and state programs; to increase participation in the export market, provide access to resources, and improve marketing. Defines empowerment firm as a business that is (1) minority owned; (2) in Mecklenburg, Guilford, or Forsyth counties; and (3) in operation for at least five consecutive years. Requires the Department and firms receiving funds from the Fund to report annually on the allocation of funds to specified legislative entities by September 1.
Requires the Secretary of Commerce (Secretary) to award Fund grants of up to $1.5 million to large empowerment firms and grants of up to $250,000 to small empowerment firms. Allows grants to be used for (1) building purchase or lease, (2) building upfit, (3) energy efficiency and water conservation renovations, (4) signs, and (5) business equipment purchase or lease. Sets out application requirements.
Requires the Secretary to award capital loans from the Fund of up to $600,000 to large empowerment firms and up to $100,000 to small empowerment firms. Caps the loan interest rate at 3.5%. Reduces the loan principal by specified amounts for firms that hire specified classes of employees.
Appropriates $30 million for 2012-13 from the General Fund to the Initiative to support the Program. States the intent to provide an aggregate appropriation of $150 million in equal installments over the next five years to support the program.

Intro. by K. Alexander, R. Moore, Brandon.GS 143B
H 1061 (2011-2012) HIGH POINT FURNITURE MARKET FUNDS. Filed May 22 2012, TO APPROPRIATE FUNDS FOR THE HIGH POINT FURNITURE MARKET.

Appropriates $806,478 for 2012-13 from the General Fund to the Department of Commerce and appropriates $1.2 million for 2012-13 from the Highway Fund to the Department of Transportation as title indicates. Effective July 1, 2012.

Intro. by Jeffus, Faircloth.APPROP
H 1062 (2011-2012) UNCG/NCA&T NANOSCIENCE/NANOENGINEERING FUNDS. Filed May 22 2012, TO APPROPRIATE FUNDS TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA TO PROVIDE ADDITIONAL RESOURCES FOR THE JOINT SCHOOL OF NANOSCIENCE AND NANOENGINEERING ON THE CAMPUS OF THE GATEWAY UNIVERSITY RESEARCH PARK OF THE UNIVERSITY OF NORTH CAROLINA AT GREENSBORO AND NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY.

Appropriates $2 million for 2012-13 from the General Fund to the UNC Board of Governors as title indicates. Provides that the funds become part of the continuation budget beginning with 2012-13. Effective July 1, 2012.

Intro. by Jeffus, Faircloth.APPROP
H 1064 (2011-2012) SHALE GAS/DEVELOP REG. PRGM./LEG. OVERSIGHT. Filed May 22 2012, TO (1) EXTEND THE STUDY OF OIL AND GAS EXPLORATION IN THE STATE, INCLUDING THE USE OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING FOR THAT PURPOSE; (2) TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO FORMULATE SPECIFIC LEGISLATIVE RECOMMENDATIONS FOR REGULATION OF THE USE OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING; (3) REQUIRE ENHANCED CONSUMER AND LANDOWNER PROTECTIONS IN CONNECTION WITH LEASES EXECUTED FOR THE EXPLORATION AND EXTRACTION OF OIL OR GAS; (4) ESTABLISH THE JOINT LEGISLATIVE COMMISSION ON ENERGY POLICY WITH LEGISLATIVE OVERSIGHT OF ALL MATTERS RELATED TO OIL AND GAS EXPLORATION AND DEVELOPMENT IN THE STATE AND OTHER ENERGY RELATED ISSUES; AND (5) APPROPRIATE FUNDS FOR ADDITIONAL STAFFING REQUIRED.

Development of Regulatory Program. Includes legislative findings and references to the Department of Environment and Natural Resources (DENR) March 2012 draft report on oil and gas resources. Directs DENR and other specified entities to continue studying oil and gas exploration in North Carolina and the use of horizontal drilling and hydraulic fracturing, and to gather information necessary to create standards and regulatory requirements for the management of natural gas exploration and development activities. Lists issues to be addressed, including the development of a modern oil and gas regulatory program, and the potential for an oil and gas board. Sets out reporting requirements for DENR on the study and recommendations with specified reports due December 1, 2012; March 1, 2013; July 1, 2013; and March 1, 2014.
Consumer Protection Provisions. Amends GS 113-420 (notice and entry to property) to require an oil or gas developer or operator to give written notice to the surface owner of property at least 14 days (rather than seven) before the date of entry, when the oil or gas operations will not disturb the surface. Requires written notice of 30 days (rather than 14) when the oil or gas operations will disturb the surface. Requires oil or gas personnel to carry identification. Provides that entry onto land creates a rebuttable presumption that the surface owner properly protected the developer or operator personnel against personal injury or property damage while on the land. Rewrites GS 113-421 to create a rebuttable presumption that an oil or gas developer or operator is responsible for contamination of a water supply within 2,500 feet of the applicable oil or gas well. Details the remedy and compensation for the contamination and damage, and sets out the procedure for rebutting the presumption. Modifies the indemnification clause under GS 113-422.
Amends GS 113-423 to require a developer or operator to provide copies to the surface owner of specified statutory provisions and a consumer protection publication before executing a lease or conveyance to separate rights to oil or gas from the freehold estate of surface property. Provides for royalty payments of at least 12.5% on the oil or gas produced from the property, and requires the lease separating oil or gas rights to state whether the property’s water supplies will be used, at the landowner’s permission and with full compensation. Requires the developer or operator to initially test water supplies within 2,500 feet of a well operation and follow-up two times within 24-month period. Provides for recordation of leases and notice of assignment within 30 days. Enacts new GS 113-423.1 to permit the developer or operator and the surface owner to enter into an agreement setting out the rights and obligations of the parties. Requires minimal intrusion upon and damage to the land surface, as detailed. Enacts new GS 113-425 to require landmen, as defined, to register with DENR, and allows DENR to deny registration and penalize registrants. Directs the Consumer Protection Division of the NC Department of Justice and the NC Real Estate Commission to develop a publication on consumer protection issues and landowner rights by October 1, 2012. Amends GS 113-380 to clarify that any violation of Article 27 (Oil and Gas Conservation) of GS Chapter 113 is a Class 1 misdemeanor. Amends GS 113-410 to impose a penalty not to exceed $25,000 (was, $1,000) a day for violations. Makes other conforming and clarifying changes.
Enacts new subsection (b2) to GS 47E-4 (required disclosures under the Residential Property Disclosure Act) to require property owners to provide an oil, gas, and mineral rights disclosure statement to a purchaser, as specified. Makes conforming changes to GS Chapter 47E. Applies to real estate transfers or dispositions occurring on or after December 1, 2012. Requires the Real Estate Commission to develop the disclosure form by October 1, 2012.
Directs DENR and the Consumer Protection Division to study North Carolina’s law and other states’ laws on compulsory pooling and to report findings by January 1, 2013.
Appropriates $300,000 to establish three positions in DENR dedicated to hydraulic fracturing matters.
Create Energy Policy Oversight Commission. Enacts new Article 33 in GS Chapter 120, creating a ten- member Joint Legislative Commission on Energy Policy (Commission) to oversee energy policy in North Carolina. Details the membership, term limits, organization, and powers of the Commission.

Intro. by Gillespie, Stone.APPROP, GS 47E, GS 113, GS 120
H 1066 (2011-2012) PASSING TITLE BY WILL. Filed May 22 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.

Identical to S 846, filed 5/21/12.

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 Blust, Ross.GS 28A, GS 31
H 1067 (2011-2012) CO-OWNERS/UNEQUAL SHARES/SIMULTANEOUS DEATH. Filed May 22 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.

Identical to S 845, filed 5/21/12.

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 Blust, Ross.GS 28A, GS 41
H 1068 (2011-2012) AMEND UCC ARTICLE 9/SECURED TRANSACTIONS. Filed May 22 2012, TO AMEND ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE RELATING TO SECURED TRANSACTIONS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Identical to S 844, filed 5/21/12.

2010 UCC Article 9 Amendments. Amends several defined terms in GS 25-9-102(a) and adds a definition for public organic record. Amends GS 25-9-105 to clarify that a secured party has control of electronic chattel paper if a system showing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned. Makes conforming changes. Adds two subsections to GS 25-9-316 (concerning change in governing law) to set out rules applicable to collateral and to financing statements filed against an original debtor, after a change in jurisdiction. Makes a conforming change. Amends GS 25-9-406(i) to add that the provision making legal restrictions on the assignment of security interests ineffective does not apply to an assignment or transfer that is prohibited by the NC State Lottery Act. Amends GS 25-9-502(c)(3) to add that a record of mortgage must provide the debtor's individual name to satisfy the requirement for a financing statement. Amends GS 25-9-503 (name of debtor and secured party) to modify the way the debtor's name must be provided on a financing statement. Adds guidance regarding the name of the decedent and multiple drivers for licenses or identification cards issued by the state. Adds two subsections to GS 25-9-518, permitting specified persons to file an information statement for a filed record, provided the statement meets listed conditions. References updated versions of the financing statement and amendment form in GS 25-9-521. Makes additional technical and clarifying changes to several provisions in Article 9 (Secured Transactions) of GS Chapter 25.
Transition Provisions. Details the effect of this act on security interests perfected and on interests not perfected before the act's effective date. Specifies the effectiveness of certain actions, related to financial statements, taken before the act's effective date. Lists persons entitled to file an initial financing statement or continuation statement. States that the relative priorities of claims established before the act's effective date are determined under Article 9 as the article existed before this act became effective.
Effective Date. Specifies that the act applies to transactions and liens within the act's scope, except as provided under the transition provisions, even if the transaction or lien was entered into before the act becomes effective. States that the act does not affect an action or proceeding commenced before the act's effective date. Effective July 1, 2013.

Intro. by Blust, Ross.GS 25
H 1069 (2011-2012) INTESTATE PROPERTY/CHILD'S YEAR'S ALLOWANCE. Filed May 22 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'S 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.

Identical to S 843, filed 5/21/12.

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 Blust, Ross.GS 29, GS 30
H 1070 (2011-2012) GENERAL STATUTES COMM. TECHNICAL CORRECTIONS. Filed May 22 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.

Identical to S 847, filed 5/21/12.

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).

H 1072 (2011-2012) FUNDS MH/DD SERVICES. Filed May 22 2012, APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES, TO INCREASE LOCAL INPATIENT BED CAPACITY AND PROVIDE CRISIS SERVICES TO INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES AND BEHAVIORAL HEALTH CARE NEEDS.

Amends the 2011 Appropriations Act to increase the 2012-13 allocation of funds for the purchase of local inpatient psychiatric beds or bed days by $10 million to $39,121,644. Appropriates $2 million from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to provide Systemic, Therapeutic, Assessment, Respite, and Treatment Team services. Effective July 1, 2012.

Intro. by Gill, Insko, Earle, Farmer-Butterfield.APPROP
H 1073 (2011-2012) MODIFY UNCHCS BOARD (NEW). Filed May 22 2012, TO CLARIFY THE PURPOSE OF THE UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, TO INCREASE THE AUTHORITY OF THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS TO GOVERN THE HEALTH CARE SYSTEM, TO REDUCE THE NUMBER AND CHANGE THE COMPOSITION OF THE MEMBERS OF THE BOARD OF DIRECTORS OF THE HEALTH CARE SYSTEM, TO INCREASE THE SYSTEM’S ACCOUNTABILITY AND TRANSPARENCY, TO CLARIFY ITS STATUS AS A STATE AGENCY, AND TO LIMIT FUTURE EXPANSION, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON STATE-OWNED ASSETS.

Amends GS 116-37 (concerning the UNC Health Care System) to provide that the University of North Carolina Health Care System (System) is governed by the UNC Board of Governors (Board) and administered by the board of directors, in order to meet the goals of education, research, patient care, and community service (currently, the System operates as an affiliated enterprise of UNC). Directs the Board to reconstitute the board of directors for the System, effective November 1, 2012, with three members, as specified, and nine at-large members appointed by the Board, as detailed (reduces membership from up to 27 to 12 total). Makes additional clarifying changes to members’ terms, and makes conforming changes throughout to grant the Board certain authority, or, by delegation, the board of directors. Removes exemption from the State Budget Act for System trust funds. Requires the System to provide a proportionate share of indigent care, as compared with non-state owned health care systems, in each county where the System provides medical services. Directs the Board and the NC Hospital Association to develop, by July 1, 2013, methods to measure and compare the provision of indigent care services between health care systems. Requires the Board to report annually by November 30 to the Joint Legislative Commission on Governmental Operations on the System’s financial and operational affairs. States that all System nonprofit corporations must complete an IRS Form 990 each year and provide a copy to the Board.
Prohibits the System from using any available funds to expand services to additional geographic areas without specific authorization from the General Assembly. Deletes provisions governing purchasing, real property acquisition and disposal, and construction by the System. Makes conforming changes to reference the Board in GS 116-37.2 (UNC Hospitals funds), GS 143-56 (exemptions from purchasing requirements), and GS 146-22(c) (concerning acquisition of property).
Effective October 1, 2012.

Intro. by Moffitt.GS 116, GS 143, GS 146

The Daily Bulletin: 2012-05-22

PUBLIC/SENATE BILLS
S 844 (2011-2012) AMEND UCC ARTICLE 9/SECURED TRANSACTIONS. Filed May 21 2012, TO AMEND ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE RELATING TO SECURED TRANSACTIONS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

2010 UCC Article 9 Amendments. Amends several defined terms in GS 25-9-102(a) and adds a definition for public organic record. Amends GS 25-9-105 to clarify that a secured party has control of electronic chattel paper if a system showing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned. Makes conforming changes. Adds two subsections to GS 25-9-316 (concerning change in governing law) to set out rules applicable to collateral and to financing statements filed against an original debtor, after a change in jurisdiction. Makes a conforming change. Amends GS 25-9-406(i) to add that the provision making legal restrictions on the assignment of security interests ineffective does not apply to an assignment or transfer that is prohibited by the NC State Lottery Act. Amends GS 25-9-502(c)(3) to add that a record of mortgage must provide the debtor’s individual name to satisfy the requirement for a financing statement. Amends GS 25-9-503 (name of debtor and secured party) to modify the way the debtor’s name must be provided on a financing statement. Adds guidance regarding the name of the decedent and multiple drivers for licenses or identification cards issued by the state. Adds two subsections to GS 25-9-518, permitting specified persons to file an information statement for a filed record, provided the statement meets listed conditions. References updated versions of the financing statement and amendment form in GS 25-9-521. Makes additional technical and clarifying changes to several provisions in Article 9 (Secured Transactions) of GS Chapter 25.
Transition Provisions. Details the effect of this act on security interests perfected and on interests not perfected before the act’s effective date. Specifies the effectiveness of certain actions, related to financial statements, taken before the act’s effective date. Lists persons entitled to file an initial financing statement or continuation statement. States that the relative priorities of claims established before the act’s effective date are determined under Article 9 as the article existed before this act became effective.
Effective Date. Specifies that the act applies to transactions and liens within the act’s scope, except as provided under the transition provisions, even if the transaction or lien was entered into before the act becomes effective. States that the act does not affect an action or proceeding commenced before the act’s effective date. Effective July 1, 2013.

Intro. by Hartsell.GS 25
S 856 (2011-2012) HONOR SENATOR BOB CARPENTER. Filed May 22 2012, HONORING THE LIFE AND MEMORY OF ROBERT C. "BOB" CARPENTER, FORMER MEMBER OF THE GENERAL ASSEMBLY.

As title indicates.

Intro. by Davis.SENATE RES
S 858 (2011-2012) STATE AIR TOXICS PROGRAM REFORMS. Filed May 22 2012, TO EXEMPT FROM STATE AIR TOXICS EMISSIONS CONTROLS THOSE SOURCES OF EMISSIONS THAT ARE SUBJECT TO CERTAIN FEDERAL EMISSIONS REQUIREMENTS, TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO REQUIRE PERMIT CONDITIONS THAT ELIMINATE UNACCEPTABLE RISKS TO HUMAN HEALTH, TO DIRECT THE DIVISION OF AIR QUALITY TO REVIEW THE STATE AIR TOXICS PROGRAM, AND TO REQUIRE REPORTS ON THE IMPLEMENTATION OF THIS ACT, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.

Identical to H 952, filed 5/16/12.

Amends GS 143-215.107(a)(5) (concerning air quality standards) to require the Department of Environment and Natural Resources (DENR) to review permit applications for new or modified sources or facilities that would increase emission of toxic air pollutants; if DENR finds, through modeling, epidemiological studies, monitoring data, or other information, that the emission would pose an unacceptable risk to human health, the operator must submit a permit application that eliminates the risk. Exempts from rules controlling emission of toxic air pollutants any source that is subject to specified federal rules. Makes conforming changes.
Directs the Environmental Management Commission and the Division of Air Quality (Division) of DENR to review and amend their adopted rules, as detailed. Sets out Division reporting requirements.

Intro. by East.GS 143
S 860 (2011-2012) SALES OF MOTOR VEHICLES/UNITS OF GOVERNMENT. Filed May 22 2012, TO ELIMINATE THE ODOMETER MILEAGE REPORT REQUIREMENTS AND ESTABLISH A RETAIL PRICE PAID FOR EXCISE TAX PURPOSES FOR NEW VEHICLE SALES BY MANUFACTURERS DIRECTLY TO THE STATE, A UNIT OF LOCAL GOVERNMENT, VOLUNTEER FIRE DEPARTMENTS, OR RESCUE SQUADS IN CONFORMITY WITH FEDERAL GOVERNMENT CONTRACT SPECIFICATIONS.

Amends GS 20-347(d), adding a new subdivision (6), to provide that the mileage disclosure requirements of the statute do not apply to a vehicle sold by a manufacturer directly to a state agency, a unit of local government, a volunteer fire department, or a volunteer rescue squad.
Amends GS 105-187.3(b) regarding the retail price paid for excise tax purposes for new vehicle sales as the title indicates.

Intro. by Vaughan.GS 105, GS 20
S 861 (2011-2012) HIGH POINT FURNITURE MARKET FUNDS. Filed May 22 2012, TO APPROPRIATE FUNDS FOR THE HIGH POINT FURNITURE MARKET.

Identical to H 1061, filed 5/22/12.

Appropriates $806,478 for 2012-13 from the General Fund to the Department of Commerce and appropriates $1.2 million for 2012-13 from the Highway Fund to the Department of Transportation as title indicates. Effective July 1, 2012.

Intro. by Vaughan, Robinson.APPROP
S 862 (2011-2012) UNCG/NCA&T NANOSCIENCE/NANOENGINEERING FUNDS. Filed May 22 2012, TO APPROPRIATE FUNDS TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA TO PROVIDE ADDITIONAL RESOURCES FOR THE JOINT SCHOOL OF NANOSCIENCE AND NANOENGINEERING ON THE CAMPUS OF THE GATEWAY UNIVERSITY RESEARCH PARK OF THE UNIVERSITY OF NORTH CAROLINA AT GREENSBORO AND NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY.

Identical to H 1062, filed 5/22/12.

Appropriates $2 million for 2012-13 from the General Fund to the UNC Board of Governors as title indicates. Provides that the funds become part of the continuation budget beginning with 2012-13. Effective July 1, 2012.

Intro. by Vaughan, Robinson.APPROP
S 863 (2011-2012) MODIFY 2011 APPROPRIATIONS ACT. Filed May 22 2012, TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2011 AND FOR OTHER PURPOSES.

Blank bill.

Intro. by Brunstetter.APPROP
S 864 (2011-2012) MECHANICS LIENS/PAYMENT BOND REFORMS. Filed May 22 2012, TO MAKE VARIOUS AMENDMENTS TO NORTH CAROLINA'S MECHANICS LIEN, TAX LIEN, AND PAYMENT BOND LAWS.

Identical to H 1052, filed 5/22/12.

Makes modifications to the statutes governing liens on real property as follows. Adds several defined terms and clarifies definitions in GS 44A-7. Makes a conforming change to repeal GS 44A-17. Amends GS 44A-11 to expand the steps required to perfect a claim of lien on real property, including service of the claim of lien upon the record owner of the real property and also upon the contractor if applicable. Amends GS 44A-12 to clarify the form required for claims of lien on real property and to add forms for partial lien waivers and final lien waivers. These changes apply to improvements to real property commenced on or after January 1, 2013, and to improvements with the required first permit obtained on or after January 1, 2013.
Effective when the act becomes law, adds subsection (d) to GS 44A-13 to provide that a former owner of improved property, as described, is not a necessary party in an action to enforce a claim of lien.
Amends GS 44A-18 (concerning perfection of lien upon funds) to clarify that second tier and third tier subcontractors may perfect their claims by service of the notice of claim of lien upon funds to the extent of the claim. Clarifies that a lien on funds granted under this statute arises, attaches, and is effective immediately when the subcontractor first furnishes labor, material, or rental equipment at the improvement site and is perfected when written notice is given to the obligor. Enacts new subsection (g), permitting any owner or contractor against whose interest the lien is claimed to make, receive, or use payments until a claimant provides the required written notice. Amends GS 44A-20(d) to add that a lien waiver signed by the contractor before the claim of lien on real property is filed waives the subcontractor's right to a claim of lien on real property but does not affect the subcontractor's rights to a claim of liens on funds. Makes modifications to the items included by first tier subcontractors on a claim of lien form in GS 44A-23. Amends GS 44A-24 (concerning false statements) to also make any person making a false written statement about the amount due subject to a claim for unfair and deceptive practice. Makes any person who signs or directs another person to sign the written statement guilty of a Class 1 misdemeanor and subject to a claim for unfair and deceptive practice. Also makes any offense by a licensed contractor or qualifying party that causes harm subject to specified disciplinary action. Amends GS 44A-27 (concerning payment bonds) to require a contractor to furnish a payment bond within seven days of a claimant's written request. Limits the claim as detailed, unless the contractor does not timely provide the payment bond. Sets out a sample notice of public subcontract form and modifies the notice requirements. Requires notice of public subcontract only for portions of claims exceeding $10,000. Sets out required components for a contractor's project statement, which must be provided for contracts with bonds. Makes additional clarifying and conforming changes to several provisions governing statutory liens on real property. These changes apply to improvements to real property commenced on or after January 1, 2013, and to improvements with the required first permit obtained on or after January 1, 2013.
Modifies provisions in GS Chapter 44A to remove registered mail as an option for providing notice.
Amends GS 105-362(b)(2) (concerning discharge of lien on real property) to clarify that a part of real property, listed as one parcel and then divided into a separate parcel, must (was, may) be released from the tax lien, after the part's assessed value has been certified by the county assessor (was, tax supervisor) and payment of all past-due taxes on both parcels and all penalties and interest have been paid. Applies to taxes imposed in tax years beginning on or after July 1, 2012.

Intro. by Brunstetter.GS 105, GS 44A
S 865 (2011-2012) HONOR SENATOR BOB CARPENTER. Filed May 22 2012, HONORING THE LIFE AND MEMORY OF ROBERT C. "BOB" CARPENTER, FORMER MEMBER OF THE GENERAL ASSEMBLY.

Identical to S 856, filed 5/22/12.

As title indicates.

Intro. by Davis.JOINT RES
S 866 (2011-2012) ESSENTIAL ADJUSTMENTS TO 2011 BUDGET (NEW). Filed May 22 2012, TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2011 AND FOR OTHER PURPOSES.

Blank bill.

Intro. by Stevens.APPROP
S 867 (2011-2012) NCEMPA/USE OF RATE REVENUE. Filed May 22 2012, PROVIDING THAT THE CITIES AND TOWNS THAT ARE MEMBERS OF THE NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY SHALL USE REVENUE DERIVED FROM RATES FOR ELECTRIC SERVICE FOR PAYING THE DIRECT AND INDIRECT COSTS OF OPERATING THE ELECTRIC SYSTEM, TRANSFERRING AMOUNTS THAT REPRESENT A RATE OF RETURN ON THE INVESTMENT IN THE ELECTRIC SYSTEM, AND MAKING DEBT SERVICE PAYMENTS.

As title indicates. Effective July 1, 2013.

Intro. by Newton.UNCODIFIED
S 868 (2011-2012) WILDLIFE LICENSES/ELIMINATE PENALTY. Filed May 22 2012, ADJUSTING THE DATES OF VALIDITY FOR LICENSES ISSUED BY THE WILDLIFE RESOURCES COMMISSION TO ELIMINATE THE PENALTY FOR EARLY RENEWAL.

Amends GS 113-270.1B to provide that licenses are valid for 12 months from the effective date printed on the license; defines effective date as the latter of (1) the date of purchase of a new license or (2) the first day after the expiration of a currently valid license of the same type held by the licensee. Effective July 1, 2012.

Intro. by Newton, Brown.GS 113
S 869 (2011-2012) REMOVE RESTRICTION/FIREFIGHTER DISABILITY. Filed May 22 2012, TO REMOVE THE REQUIREMENT THAT FIREFIGHTERS AND RESCUE SQUAD WORKERS HAVE ONE YEAR OF CREDITABLE SERVICE IN ORDER TO QUALIFY FOR DISABILITY RETIREMENT BENEFITS UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM FOR INJURIES INCURRED IN THE LINE OF DUTY.

Amends GS 128-27(c) as title indicates. Effective July 1, 2012.

Intro. by Daniel, Newton, Carney.GS 128
S 870 (2011-2012) 2012 YOUTH SKIN CANCER PREVENTION ACT. Filed May 22 2012, IMPOSING AGE RESTRICTIONS ON THE USE OF TANNING EQUIPMENT IN TANNING FACILITIES, AS RECOMMENDED BY THE NORTH CAROLINA CHILD FATALITY TASK FORCE.

Amends GS 104E-9.1(a)(2) to prohibit persons less than 18 years old from using tanning equipment (current law prohibits use by persons 13 years and younger without a prescription).

Intro. by Purcell.GS 104E
S 871 (2011-2012) RESTORE FUNDING FOR TEACHING FELLOWS PROGRAM. Filed May 22 2012, TO RESTORE FUNDING FOR THE TEACHING FELLOWS PROGRAM.

Identical to H 946, filed 5/16/12.

Appropriates $3,475,000 in recurring funds for 2012-13 from the General Fund to the Department of Public Instruction as the title indicates. Makes a conforming change, repealing Section 1.38 of SL 2011-266 (repealed statutory provisions for funding the Teaching Fellows Program). Effective July 1, 2012.

Intro. by Purcell.APPROP
S 874 (2011-2012) ARTS EDUCATION AS A GRADUATION REQUIREMENT. Filed May 22 2012, DIRECTING THE STATE BOARD OF EDUCATION TO REQUIRE ONE ARTS EDUCATION CREDIT FOR GRADUATION FROM HIGH SCHOOL, AS RECOMMENDED BY THE ARTS EDUCATION COMMISSION.

As title indicates. Directs the State Board of Education to require the credit beginning with students entering the ninth grade in 2015.

Intro. by Brunstetter.UNCODIFIED

The Daily Bulletin: 2012-05-22

LOCAL/HOUSE BILLS
H 1041 (2011-2012) HIGH POINT/ARCHDALE BOUNDARIES. Filed May 22 2012, TO EXCHANGE CERTAIN DESCRIBED TRACTS OF LAND BETWEEN THE CITY OF ARCHDALE AND THE CITY OF HIGH POINT.

As title indicates. Specifies that the act does not affect outstanding liens of Archdale or High Point. Effective July 1, 2012.

Intro. by Faircloth.Guilford
H 1049 (2011-2012) BLADEN COMMUNITY COLLEGE FED LOAN PROGRAM. Filed May 22 2012, TO PROVIDE THAT BLADEN COMMUNITY COLLEGE MAY OPT OUT OF PARTICIPATION IN THE WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM.

Amends GS 115D-40.1(e) to provide as the title indicates.

Intro. by Brisson.Bladen
H 1050 (2011-2012) ELIZABETHTOWN INDUSTR. PARK DEANNEXATION. Filed May 22 2012, TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 1 OF ARTICLE VII OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE BY REPEALING SPECIFIED INVOLUNTARY ANNEXATION ORDINANCES OF THE TOWN OF ELIZABETHTOWN RELATING TO THE INDUSTRIAL PARK AREA, AND BY PROHIBITING MUNICIPAL INITIATION OF ANY PROCEDURE TO INVOLUNTARILY ANNEX THOSE AREAS FOR TWELVE YEARS.

As title indicates. Repeals four specified annexation ordinances that were adopted on June 6, 2011. Effective June 29, 2012.

Intro. by Brisson.Bladen
H 1051 (2011-2012) ELIZABETHTOWN HAYFIELDS DEANNEXATION. Filed May 22 2012, TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 1 OF ARTICLE VII OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE BY REPEALING SPECIFIED INVOLUNTARY ANNEXATION ORDINANCES OF THE TOWN OF ELIZABETHTOWN RELATING TO THE HAYFIELDS AREA, AND BY PROHIBITING MUNICIPAL INITIATION OF ANY PROCEDURE TO INVOLUNTARILY ANNEX THOSE AREAS FOR TWELVE YEARS.

As title indicates. Repeals three specified annexation ordinances that were adopted on June 6, 2011. Effective June 29, 2012.

Intro. by Brisson.Bladen
H 1059 (2011-2012) ASHEBORO TOWING. Filed May 22 2012, TO ALLOW THE CITY OF ASHEBORO TO TOW MOTOR VEHICLES IMPEDING THE OPERATION OF THE DOWNTOWN FARMERS' MARKET.

Amends GS 160A-302 (off-street parking facilities) as title indicates. Specifies that the authority is limited to the city-owned parking lot used by the downtown farmers’ market facility.

Intro. by Brubaker.Randolph
H 1063 (2011-2012) EXCUSE SCHOOL DAY FOR JOHNSTON CO. SCHOOL. Filed May 22 2012, TO GIVE THE JOHNSTON COUNTY BOARD OF EDUCATION ADDITIONAL FLEXIBILITY WITH REGARD TO INSTRUCTIONAL TIME LOST AT MCGEE'S CROSSROADS ELEMENTARY SCHOOL.

As title indicates. Allows the Johnston County Board of Education to excuse one instructional day at the school due to a day missed because of a water line break. Applies only to the 2011-12 school year.

Intro. by Langdon.Johnston
H 1065 (2011-2012) USE MOORE SCHOOL BUSES FOR 2014 US OPEN. Filed May 22 2012, TO ALLOW THE MOORE COUNTY BOARD OF EDUCATION TO (I) PERMIT THE USE OF PUBLIC SCHOOL BUSES TO SERVE THE TRANSPORTATION NEEDS OF THE 2014 U.S. OPEN GOLF TOURNAMENT AND (II) BEGIN THE 2013-2014 SCHOOL YEAR ONE WEEK EARLIER.

As title indicates.

Intro. by Boles.Moore
H 1071 (2011-2012) WAKE SCHOOL BOARD ORGANIZATIONAL MEETING. Filed May 22 2012, TO PROVIDE FOR THE DATE FOR THE ORGANIZATIONAL MEETING OF THE WAKE COUNTY BOARD OF EDUCATION TO BE GOVERNED BY GENERAL LAW.

As title indicates.

Intro. by Gill, Ross, Murry, Jackson.Wake

The Daily Bulletin: 2012-05-22

LOCAL/SENATE BILLS
S 857 (2011-2012) ADD STOKES CTY TO TAX CERT BEFORE RECORDATION. Filed May 22 2012, TO AUTHORIZE STOKES COUNTY TO REQUIRE THE PAYMENT OF DELINQUENT PROPERTY TAXES BEFORE RECORDING DEEDS CONVEYING PROPERTY.

As title indicates.

Intro. by East.Stokes
S 859 (2011-2012) PILOT MOUNTAIN/DOBSON EVEN-YEAR ELECTIONS (NEW). Filed May 22 2012, TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE TOWN OF PILOT MOUNTAIN ARE HELD IN EVEN-NUMBERED YEARS BEGINNING IN 2012.

Amends a section and adds a section to the town charter to provide as the title indicates.

Intro. by East.Surry
S 872 (2011-2012) ORANGE GRANTS FOR BROADBAND. Filed May 22 2012, TO AUTHORIZE ORANGE COUNTY TO PROVIDE GRANTS TO PROMOTE BROADBAND IN UNSERVED AREAS FOR ECONOMIC DEVELOPMENT IN THE COUNTY.

As title indicates.

Intro. by Kinnaird.Orange
S 873 (2011-2012) ORANGE-ALAMANCE REMAINING 9% BOUNDARY. Filed May 22 2012, TO ESTABLISH THE REMAINING NINE PERCENT OF THE COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY NOT ADDRESSED BY SESSION LAW 2011-88 AND AS AUTHORIZED BY THE GENERAL ASSEMBLY BY SESSION LAW 2010-61 ENABLING THE CHANGES IN THE HISTORIC ORANGE COUNTY-ALAMANCE COUNTY BOUNDARY LINE AS DESCRIBED IN THE 1849 SURVEY ESTABLISHING ALAMANCE COUNTY.

Provides background on the boundary line survey and resulting agreement between Alamance County and Orange County. Authorizes Alamance County and Orange County to maintain the current taxing, elections, education, and other government functions in the transition areas affected by the act until July 1, 2013.
Requires all papers, documents, and instruments required or permitted to be filed or registered, involving residents and property affected by the resurvey of the boundary line to be recorded in the county to which the property has been reassigned by this act, on and after January 1, 2013. Sets out specific provisions related to real and personal property in the affected areas, causes of action, voter registration records, jury lists, and properties taxed by both counties on or after January 1, 2007. Allows any child who was a resident of any area reassigned by this act on the date of ratification and who was a student in the Orange or Alamance County school system during the 2011-12 school year, to attend school in the same school system. Releases the counties from any liability resulting from the uncertain boundary line.
States that this act controls if in conflict with SL 2010-61, as amended.
Provides that any boundary line between the counties previously surveyed, recognized, adopted, described, utilized, or ratified, except the 91% adopted by SL 2011-88, is modified as specified in this act.
Adopts the official boundary line regarding the remaining 9% between Alamance County and Orange County, as described and approved by the Alamance County Board of Commissioners on December 6, 2010 and by the Orange County Board of Commissioners on December 14, 2010.

Intro. by Kinnaird.Alamance, Orange
ACTIONS ON BILLS

Actions on Bills: 2012-05-22

PUBLIC BILLS

H 180: WILMINGTON VOLUNTARY ANNEXATIONS (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On State and Local Government

H 803: ALLOW COURT TO ASSESS ATTY FEES/50C ORDERS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 925: ANNEXATION REFORM 2 (NEW).

    House: Rec From Senate

H 970: HONOR UNC-P'S ANNIVERSARY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 5/23/2012

H 981: DIX PROPERTY SALE TO REQUIRE GA APPROVAL (NEW).

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

H 1014: REFORM OVERSIGHT OF STATE-OWNED VEHICLES.

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

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

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

H 1017: CHANGES TO COMMERCE REPORTING REQUIREMENTS.

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

H 1019: HONOR ALAN DICKSON.

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

H 1020: PATRIOT OUTREACH.

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

H 1021: JUSTICE REINVESTMENT CLARIFICATIONS.

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

H 1022: HONOR RICK RHYNE.

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

H 1023: EXPUNCTION/NONVIOLENT OFFENSES.

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

H 1024: UNEMPLOYMENT INSURANCE CHANGES.

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

H 1025: EXTEND TAX PROVISIONS.

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

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

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

H 1027: EXPEDITED RULE MAKING FOR FORCED COMBINATION.

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

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

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

H 1030: ACCOUNTABILITY FOR TAXPAYER INVESTMENT ACT.

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

H 1031: SMARTER GOV/BUSINESS INTELLIGENCE INITIATIVE.

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

H 1033: HONOR VETERANS.

    House: Passed 1st Reading
    House: Cal Pursuant 32(a)
    House: Placed On Cal For 5/23/2012

H 1034: CONFIRM TAMARA NANCE TO INDUSTRIAL COMM.

    House: Filed

H 1035: LICENSE PLATE BACKGROUND.

    House: Filed

H 1036: DOT/DENR STUDY EXPEDITE WATER QUALITY REG.

    House: Filed

H 1037: INTEREST RATE ON DOT CONDEMNATION DEPOSITS.

    House: Filed

H 1038: AMEND HOV LANE EXEMPTIONS/ALT FUEL VEHICLES.

    House: Filed

H 1039: ESTABLISH ALTERNATIVE FUELS STUDY COMMISSION.

    House: Filed

H 1040: NCSU & UNC-C/ALT FUELS RESEARCH FUNDS.

    House: Filed

H 1042: ESTABLISH EFFICIENCY & COST-SAVINGS COMMN.

    House: Filed

H 1043: ETJ RESTRICTION.

    House: Filed

H 1044: MOTORCYCLE INSURANCE DISCOUNT/MILITARY.

    House: Filed

H 1045: SALARY INCREASE FOR SCHOOL EMPLOYEES.

    House: Filed

H 1046: FUNDS FOR STUDENT 2 STUDENT INITIATIVE.

    House: Filed

H 1047: RESTORE FUNDS FOR MILITARY BUSINESS CENTER.

    House: Filed

H 1048: INCAPACITY TO PROCEED AMENDMENTS.

    House: Filed

H 1052: MECHANICS LIENS/PAYMENT BOND REFORMS.

    House: Filed

H 1053: IMPROVE PROPERTY INSURANCE RATE MAKING.

    House: Filed

H 1054: CLEAN ENERGY AND ECONOMIC SECURITY ACT.

    House: Filed

H 1055: ELIMINATE LME PROVIDER ENDORSEMENT.

    House: Filed

H 1056: PARTNERSHIP FOR CHILDREN PARTICIPANT RECORDS.

    House: Filed

H 1057: RESTORE FUNDS FOR PROJECT C.A.R.E.

    House: Filed

H 1058: REFORM WORKFORCE DEVELOPMENT

    House: Filed

H 1060: NORTH CAROLINA URBAN EMPOWERMENT INITIATIVE.

    House: Filed

H 1061: HIGH POINT FURNITURE MARKET FUNDS.

    House: Filed

H 1062: UNCG/NCA&T NANOSCIENCE/NANOENGINEERING FUNDS.

    House: Filed

H 1064: SHALE GAS/DEVELOP REG. PRGM./LEG. OVERSIGHT.

    House: Filed

H 1066: PASSING TITLE BY WILL.

    House: Filed

H 1067: CO-OWNERS/UNEQUAL SHARES/SIMULTANEOUS DEATH.

    House: Filed

H 1068: AMEND UCC ARTICLE 9/SECURED TRANSACTIONS.

    House: Filed

H 1069: INTESTATE PROPERTY/CHILD'S YEAR'S ALLOWANCE.

    House: Filed

H 1070: GENERAL STATUTES COMM. TECHNICAL CORRECTIONS.

    House: Filed

H 1072: FUNDS MH/DD SERVICES.

    House: Filed

H 1073: MODIFY UNCHCS BOARD (NEW).

    House: Filed

H 1074: STOP WASTE, FRAUD, AND ABUSE IN GOVT. ACT.

    House: Filed

H 1075: LME/MCO GOVERNANCE

    House: Filed

H 1076: AUTHORIZE RECIPROCITY AGREEMENTS FOR TOLLS.

    House: Filed

H 1077: PPP PILOT TOLL PROJECT/FERRY TOLLS (NEW).

    House: Filed

H 1078: PRIVACY OF TURNPIKE AUTHORITY TOLL DATA.

    House: Filed

H 1079: DOT DIVISION OF MOTOR VEHICLES LEG. REQUESTS.

    House: Filed

H 1080: UPDATE CH. 136 WITH TERM "CHIEF ENGINEER."

    House: Filed

H 1081: PROVISIONAL LICENSURE CHANGES MEDICAID.

    House: Filed

S 798: VARIOUS EMERGENCY MANAGEMENT CHANGES.

    Senate: Reptd Fav

S 816: BANKING LAW MODERNIZATION ACT.

    Senate: Reptd Fav

S 832: PROVISIONAL LICENSURE CHANGES MEDICAID.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Health Care

S 833: GENERAL ASSEMBLY APPROVE SALE OF DIX PROPERTY.

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

S 834: PARTNERSHIP FOR CHILDREN PARTICIPANT RECORDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Health Care

S 835: ELIMINATE LME PROVIDER ENDORSEMENT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Health Care

S 836: IMPROVE PROPERTY INSURANCE RATE MAKING.

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

S 837: REFORM WORKFORCE DEVELOPMENT.

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

S 838: TECHNICAL CHANGE/EXEMPT PROPERTY FORM.

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

S 839: REFORM OVERSIGHT OF STATE-OWNED VEHICLES.

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

S 840: PERMANENT LICENSE PLATES.

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

S 841: EFFECTIVE UTILIZATION OF PED.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Program Evaluation

S 842: CHILD NUTRITION PROGRAM SOLVENCY AND SUPPORT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Health Care

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

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

S 844: AMEND UCC ARTICLE 9/SECURED TRANSACTIONS.

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

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

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

S 846: PASSING TITLE BY WILL.

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

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

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

S 849: AMEND OFFICER SALARY CONTINUATION.

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

S 850: LEGISLATIVE OVERSIGHT OF FISH & WILDLIFE MGMT.

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

S 851: BOARDS & COMMISSIONS EFFICIENCY ACT OF 2012.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Program Evaluation

S 852: TRANSFER FRAUD UNIT.

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

S 853: NCCS 50TH ANNIVERSARY SPECIAL PLATE.

    Senate: Held As Filed

S 854: PROHIBIT USE OF TAX-ZAPPER SOFTWARE.

    Senate: Held As Filed

S 855: AMEND COURT RECORDING REQUIREMENTS.

    Senate: Held As Filed

S 856: HONOR SENATOR BOB CARPENTER.

    Senate: Filed

S 858: STATE AIR TOXICS PROGRAM REFORMS.

    Senate: Filed

S 860: SALES OF MOTOR VEHICLES/UNITS OF GOVERNMENT.

    Senate: Filed

S 861: HIGH POINT FURNITURE MARKET FUNDS.

    Senate: Filed

S 862: UNCG/NCA&T NANOSCIENCE/NANOENGINEERING FUNDS.

    Senate: Filed

S 863: MODIFY 2011 APPROPRIATIONS ACT.

    Senate: Filed

S 864: MECHANICS LIENS/PAYMENT BOND REFORMS.

    Senate: Filed

S 865: HONOR SENATOR BOB CARPENTER.

    Senate: Filed
    Senate: Pursuant to Rule 40(b) placed on today’s calendar 5/22/2012
    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate

S 866: ESSENTIAL ADJUSTMENTS TO 2011 BUDGET (NEW).

    Senate: Filed

S 867: NCEMPA/USE OF RATE REVENUE.

    Senate: Filed

S 868: WILDLIFE LICENSES/ELIMINATE PENALTY.

    Senate: Filed

S 869: REMOVE RESTRICTION/FIREFIGHTER DISABILITY.

    Senate: Filed

S 870: 2012 YOUTH SKIN CANCER PREVENTION ACT.

    Senate: Filed

S 871: RESTORE FUNDING FOR TEACHING FELLOWS PROGRAM.

    Senate: Filed

S 874: ARTS EDUCATION AS A GRADUATION REQUIREMENT.

    Senate: Filed

Actions on Bills: 2012-05-22

LOCAL BILLS

H 5: LOCAL DEANNEXATIONS (NEW).

    House: Rec From Senate

H 1016: LOWER CAPE FEAR DESIGN-BUILD.

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

H 1018: YADKIN VALLEY CAREER ACADEMY.

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

H 1029: MAYODAN MANAGER RESIDENCY.

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

H 1032: MORGANTON DEANNEXATION.

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

H 1041: HIGH POINT/ARCHDALE BOUNDARIES.

    House: Filed

H 1049: BLADEN COMMUNITY COLLEGE FED LOAN PROGRAM.

    House: Filed

H 1050: ELIZABETHTOWN INDUSTR. PARK DEANNEXATION.

    House: Filed

H 1051: ELIZABETHTOWN HAYFIELDS DEANNEXATION.

    House: Filed

H 1059: ASHEBORO TOWING.

    House: Filed

H 1063: EXCUSE SCHOOL DAY FOR JOHNSTON CO. SCHOOL.

    House: Filed

H 1065: USE MOORE SCHOOL BUSES FOR 2014 US OPEN.

    House: Filed

H 1071: WAKE SCHOOL BOARD ORGANIZATIONAL MEETING.

    House: Filed

H 1082: NAGS HEAD CONVEYANCE.

    House: Filed

S 848: DURHAM CITY ASSESSMENTS.

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

S 857: ADD STOKES CTY TO TAX CERT BEFORE RECORDATION.

    Senate: Filed

S 859: PILOT MOUNTAIN/DOBSON EVEN-YEAR ELECTIONS (NEW).

    Senate: Filed

S 872: ORANGE GRANTS FOR BROADBAND.

    Senate: Filed

S 873: ORANGE-ALAMANCE REMAINING 9% BOUNDARY.

    Senate: Filed

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