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

As title indicates.

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

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.

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.

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.

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.

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

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.

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. 

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

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

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.

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.

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.

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).

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.

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.