Senate committee substitute makes the following changes to 4th edition. Amends proposed language in GS 14-72(6) to remove the provision that a conviction is not counted in the seven priors unless the defendant was represented by or waived counsel. Changes the effective date to December 1, 2012 (was, 2011).
The Daily Bulletin: 2012-05-23
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The Daily Bulletin: 2012-05-23
PUBLIC/HOUSE BILLS
H 54 (2011-2012) HABITUAL MISDEMEANOR LARCENY. Filed Feb 8 2011, TO CREATE THE STATUS OFFENSE OF HABITUAL MISDEMEANOR LARCENY.
| Intro. by Crawford. |
H 345 (2011-2012) MODIFY MOVE OVER LAW. Filed Mar 14 2011, TO MODIFY THE MOVE OVER LAW TO INCLUDE ALL HIGHWAY MAINTENANCE VEHICLES AND UTILITY VEHICLES.
Senate committee substitute makes the following changes to 2nd edition. Amends GS 20-157(f) to provide that public service vehicle also applies to highway maintenance vehicles under contract by the state or a local government. Changes the effective date to October 1, 2012 (was, October 1, 2011).
| Intro. by Randleman. |
H 965 (2011-2012) BROADEN SUCCESSFUL AP PARTICIPATION. Filed May 16 2012, TO BROADEN SUCCESSFUL PARTICIPATION BY STUDENTS IN ADVANCED PLACEMENT COURSES AND TO CREATE PERFORMANCE INCENTIVES FOR SCHOOLS AND TEACHERS FOR STUDENT EXCELLENCE IN ADVANCE PLACEMENT COURSES, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON EDUCATION REFORM.
House committee substitute makes the following changes to 1st edition.
Changes bill title to add “to help eliminate achievement and access gaps” and delete the word “courses” when referencing advanced placement.
Section 1: Revises amendment to GS 115C-12(9)c1 to add reference to Advanced Placement examination participation and performance to the measures that must be reported on state and local school administrative unit annual report cards.
Section 2: Revises amendment to new GC115C-83.1 to (1) clarify that the expenditure of available funds provided in subsection (a) are for the purposes of attaining the goal of the section; (2) adds to subsection (a)(1) the requirement that exemptions from student fees for AP examinations will be provided only for AP courses in which the student is enrolled (enrollment requirement not included in previous edition); (3) revises subsection (a)(2) to authorize bonuses for teachers of AP courses when students earn scores of three or higher on AP exams (was when students earned a passing score); (4) clarifies subsection (c) to include the National Merit Scholarship Qualifying Test to eligible diagnostic tests; (5) revises subsection (g) to establish the North Carolina Advanced Placement Partnership to assist in student readiness for and access to AP courses, and requires the Partnership to provide and assist in implementation of AP and Pre-AP professional development for teachers and school administrators with prioritized assistance to low-performing schools.
Section 3: Adds new amendment to GS 115C-174.18 to add National Merit Scholarship Qualifying Test.
Section 4(b): Revises the total appropriation to $12,206,339 (was $11,660,921) and revises the appropriation for student AP test fees to $7,725,252 (was $7,179,834); deletes language providing for contingent funding for student AP test fees, and adds new requirement that the State Board of Education contract with an independent evaluator to assess the implementation and success of the AP program.
Section 5: Adds new reporting requirement for the State Board of Education to report annually to the Joint Legislative Education Oversight Committee on data relating to student enrollment in AP courses, participation in AP tests, student performance, distribution of funds for student test fees, AP teacher bonuses, and professional development, and other related information.
Makes other technical and conforming changes and renumbers Sections 3, 4, 5, and 6.
| Intro. by Blackwell, Holloway, Johnson, Jordan. |
H 1028 (2011-2012) APPRAISAL MGMT CO REPORTED TO DEPT OF REVENUE. Filed May 21 2012, TO REQUIRE THE NORTH CAROLINA APPRAISAL BOARD TO REPORT THE RECORDS OF APPRAISAL MANAGEMENT COMPANIES TO THE NORTH CAROLINA DEPARTMENT OF REVENUE.
House committee substitute makes the following changes to 1st edition.
Amends new subsection (b1) of GS 93E-2-9 to require that the NC Appraisal Board submit its annual report about registered appraisal management companies to the Department of Revenue no later than December 31. Effective when the act becomes law (was, December 1, 2012).
| Intro. by Howard, Starnes. |
H 1074 (2011-2012) STOP WASTE, FRAUD, AND ABUSE IN GOVT. ACT. Filed May 22 2012, TO MAKE CHANGES TO THE STATUTES GOVERNING THE TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES RETIREMENT SYSTEM, AND THE DISABILITY INCOME PLAN OF NORTH CAROLINA TO ENHANCE THE OPERATION OF THE MEDICAL BOARD; TO ESTABLISH GUIDELINES FOR FRAUD INVESTIGATIONS THAT WILL ENHANCE THE DEPARTMENT OF STATE TREASURER’S CAPABILITY TO PREVENT AND DETECT FRAUD, WASTE, AND ABUSE; TO CREATE A REBUTTABLE PRESUMPTION OF FRAUD IN THE AVERAGE FINAL COMPENSATION CALCULATION; AND TO MAKE IT A CLASS 1 MISDEMEANOR TO FRAUDULENTLY RECEIVE THE RETIREMENT BENEFIT OF A DECEASED DISABILITY RETIREE AT LEAST TWO MONTHS AFTER THE RETIREE’S DEATH.
Enacts new GS 128-38.6 to set out protections and remedies against retaliation for employees who provide information to the Retirement Systems Division about possible violations of retirement law.
Makes the following changes to the Local Governmental Employees’ Retirement System and makes corresponding changes to the Teachers’ and State Employees’ Retirement System. Enacts three new subsections in GS 128-28 to (1) detail the powers and access of the Retirement Systems Division (Division) and staff when conducting a fraud investigation; (2) require the Division to maintain fraud investigative reports for 10 years and provide for the management of relevant work papers; and (3) keep the identity of the person reporting fraud, waste, or abuse confidential. Adds a definition for fraud investigation to GS 128-21. Amends the definition for compensation in GS 128-21(7a) to create a rebuttable presumption that any salary or remuneration paid for the principal purpose of enhancing a member’s benefits under the plan is not compensation. Amends GS 128-28(l) to authorize the Board of Trustees to structure appointment requirements and term durations for medical board members.
Amends GS 135-18.11 to make a person guilty of a Class 1 misdemeanor if the person fraudulently receives a decedent’s monthly benefit under the Disability Income Plan at least two months after the retiree’s death.
Effective July 1, 2012.
H 1075 (2011-2012) LME/MCO GOVERNANCE Filed May 22 2012, TO MAKE CHANGES IN GOVERNANCE OF LOCAL MANAGEMENT ENTITIES WITH RESPECT TO THE IMPLEMENTATION OF STATEWIDE EXPANSION OF THE 1915(B)/(C) MEDICAID WAIVER, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.
Amends GS 122C-115(a) (concerning duties of counties) to clarify that a county must provide mental health, developmental disabilities, and substance abuse services through an area authority or county program in accordance with statute and with statewide reform of services delivery under a 1915(b)/(c) Medicaid Waiver. Amends GS 122C-116(a) to remove condition that a single county area authority is a department of the county in which the authority is located. Rewrites GS 122C-118.1 (structure of area authority boards) to provide that an area board must have between 11 and 21 voting members (rather than 11 to 25, and up to 30 in certain multicounty authorities) appointed by the board or boards of county commissioners. Modifies the qualifications for board members and requires members to live in the catchment area. Directs all area boards to meet the revised requirements by July 1, 2013. Makes clarifying changes to GS 122C-119.1, requiring annual training for board members, and directs the NC Department of Health and Human Services (DHHS), the UNC School of Government, and local management entities (LMEs) to develop the training course.
Provides that no member on the Consumer and Family Advisory Committees may serve more than three (rather than two) consecutive terms under GS 122C-170(b). Authorizes area authorities to add one or more counties to their catchment area if a majority of the existing member counties agree.
Prohibits DHHS from approving a county’s request to withdraw from a multicounty area authority operating under a 1915(b)/(c) Medicaid waiver, beginning July 1, 2012, and extending for two years. Requires a process for county disengagement, as detailed, by January 1, 2014. Makes a conforming change to GS 122C-112.1 (duties of Secretary).
Amends GS 122C-147(c) (concerning area authority property) to provide that the area authority (rather than the county) has title to real property purchased for the authority’s use. Amends GS 122C-117 (powers and duties of area authority) to grant authorities the power to borrow money with approval of the Local Government Commission and removes approval requirement for the director appointment. Also modifies the delivery procedure for the authority’s quarterly report. Amends GS 122C-115.2, allowing the Secretary to waive any provisions of the LME business plan requirements that are inconsistent with contracts between DHHS and the area authority. Enacts new GS 122C-126.1 to provide that all competitive health information is confidential and not a public record, with the exception of contracts of area authorities. Sets out the procedure for area authorities to follow after a request for disclosure.
Amends GS 122C-121(a1) to allow the area director a salary in excess of the salary ranges established by the State Personnel Commission. Makes conforming changes to GS 126-5(a) and GS 122C-154 (allowing area authority employees a higher salary).
Amends GS 153A-76 to prohibit a board of county commissioners from consolidating an area board into a consolidated human services board or from abolishing an area board. Makes conforming changes to GS 153A-77 and removes the limitation to counties with populations over 425,000.
Repeals GS 122C-122 (public guardians) and directs any successor guardian to try to continue existing contracts if in the best interest of the incompetent person. Amends GS 35A-1213 (qualifications of guardians for incompetent persons) to add that individuals contracting to provide services to LMEs may not serve as guardians for individuals receiving those services. Makes a clarifying change, and modifies the definition of disinterested public agent in GS 35A-1202. Makes clarifying changes to GS 35A-1292 (resignation of guardian).
H 1076 (2011-2012) AUTHORIZE RECIPROCITY AGREEMENTS FOR TOLLS. Filed May 22 2012, TO AUTHORIZE RECIPROCITY AGREEMENTS FOR TOLL PAYMENTS BETWEEN THE NORTH CAROLINA TURNPIKE AUTHORITY AND OTHER TOLL AGENCIES, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Enacts new GS 136-89.220 allowing the Turnpike Authority (Authority) to enter into agreements with other tolling jurisdictions, to enforce toll violations. Requires that the agreement provide that when another agency certifies that the owner of a vehicle registered in North Carolina has failed to pay a toll, fee, or penalty, then the toll, fee, or penalty may be enforced by the Authority placing a renewal block. Requires the following in order for the agreement to be enforceable: (1) the other agency has its own reciprocal procedure for violation enforcement and does reciprocate by withholding registration renewal for vehicle owners in that state, (2) the other agency provides due process and appeal for vehicle owners in North Carolina, (3) the owner of vehicles registered in North Carolina may present evidence to the other agency via mail instead of appearing personally, and (4) each party charges the other for their registration hold costs. Makes conforming changes.
| Intro. by Frye, Mills. | GS 136 |
H 1077 (2011-2012) PPP PILOT TOLL PROJECT/FERRY TOLLS (NEW). Filed May 22 2012, TO INCREASE PUBLIC-PRIVATE PARTNERSHIPS FOR TOLLING AND OTHER FINANCING METHODS ON TRANSPORTATION INFRASTRUCTURE PROJECTS, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Amends GS 136-18(39), which concerns the Department of Transportation’s (DOT) power to enter into public-private partnership agreements, to permit any such agreement to comply with certain conditions, including the provision of performance and payment security, the ability to assign rights, the power to set and revise tolls, and the use of unallocated revenues from transportation infrastructure. Also authorizes the DOT to exercise powers and duties under Article 6H (public toll roads and bridges) independently of the Turnpike Authority, and to contract with vendors to exercise such powers.
| Intro. by Frye, Mills. | GS 136 |
H 1078 (2011-2012) PRIVACY OF TURNPIKE AUTHORITY TOLL DATA. Filed May 22 2012, TO ENSURE THE PRIVACY OF TOLL DATA COLLECTED BY THE DEPARTMENT OF TRANSPORTATION THROUGH THE NORTH CAROLINA TURNPIKE AUTHORITY, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Amends GS 136-89.213 to require the Turnpike Authority (Authority) to keep all information related to electronic toll collection confidential. Allows an account holder to examine his own information and allows the Authority to use the account information in order to collect and enforce tolls. Also allows a party with a court order to examine confidential information.
| Intro. by Frye, Mills. | GS 136 |
H 1079 (2011-2012) DOT DIVISION OF MOTOR VEHICLES LEG. REQUESTS. Filed May 22 2012, TO AMEND STATUTES RELATED TO MOTORCYCLE LICENSES, TO ELIMINATE A REQUIREMENT TO LIST RACE ON DRIVERS LICENSES, AND TO DELAY THE IMPLEMENTATION OF TWO CHANGES TO DRIVERS LICENSES PENDING AN INFORMATION TECHNOLOGY SYSTEM UPGRADE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Amends GS 20-7 to modify the requirements for a motorcycle endorsement, currently differentiated by age, and instead requires all persons to (1) pass a knowledge (was, written or oral) test on motorcycles and (2) pass a road test or provide proof of successful completion of a specified safety course. Removes the Motorcycle Safety Foundation Basic Rider Course or Experienced Rider Course from the list of safety courses. Makes conforming changes to the provision governing motorcycle learner’s permits. Amends GS 20-7(n) (driver’s license format) to remove requirement that license include applicant’s race. Effective July 1, 2012.
Amends SL 2011-35 (requirement to include military veteran status on licenses) and SL 2011-228 (requirement that commercial license and hazardous materials endorsement expire at the same time) to delay the effective date for those requirements until the later of (1) January 1, 2013, or (2) the first day of the month 30 days after the Commissioner of Motor Vehicles certifies that the Division of Motor Vehicles completed the implementation of the Next Generation Secure Driver License System.
| Intro. by Frye, Mills. | GS 20 |
H 1080 (2011-2012) UPDATE CH. 136 WITH TERM "CHIEF ENGINEER." Filed May 22 2012, TO UPDATE CHAPTER 136 OF THE GENERAL STATUTES WITH THE TERM "CHIEF ENGINEER," WHICH REPLACES THE TERM "STATE HIGHWAY ADMINISTRATOR," AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
As title indicates.
| Intro. by Frye, Mills. | GS 136 |
H 1081 (2011-2012) PROVISIONAL LICENSURE CHANGES MEDICAID. Filed May 22 2012, RELATING TO CHANGES PERTAINING TO LICENSED CLINICAL SOCIAL WORKERS, CLINICAL ADDICTION SPECIALISTS, AND PSYCHOLOGISTS, AS RECOMMENDED BY THE JOINT OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.
Identical to S 832, filed 5/21/12.
Amends GS 90-270.5(d) to modify conditions for the issuance of a provisional license to practice psychology. Amends GS 90B-3 to replace Provisional Licensed Clinical Social Worker with the term Licensed Clinical Social Worker Associate; amends GS 90-113.31A to replace provisional licensed clinical addictions specialist with the term Licensed Clinical Addictions Specialist Associate. Makes conforming changes to various provisions to remove references to provisional license or to add the new terms.
H 1083 (2011-2012) FUNDS TO IMPROVE BIRTH OUTCOMES. Filed May 23 2012, APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF PUBLIC HEALTH, TO CONTINUE FUNDING FOR THE HIGH-RISK MATERNITY CLINIC AT THE EAST CAROLINA UNIVERSITY SCHOOL OF MEDICINE.
Appropriates $375,000 in recurring funds for 2012-13 from the General Fund to the Department of Health and Human Services, Division of Public Health, as title indicates. Effective July 1, 2012.
| Intro. by Wainwright. | APPROP |
H 1084 (2011-2012) HOAS/PLANNED COMMUNITY ACT AMENDS. Filed May 23 2012, TO: (1) REQUIRE ASSOCIATIONS TO RELEASE LIENS UPON PAYMENT IN FULL; (2) REQUIRE ALL ASSOCIATIONS TO CONDUCT FINANCIAL REVIEWS OR FINANCIAL AUDITS; (3) ALLOW USE OF ALTERNATIVE DISPUTE RESOLUTION FOR CONFLICTS ARISING UNDER THE PLANNED COMMUNITY ACT OR CONDOMINIUM ACT; AND (4) SIMPLIFY THE COLLECTION OF PROPERTY TAXES THAT ARE DUE ON PROPERTY OWNED BY CERTAIN NONPROFIT HOMEOWNERS’ ASSOCIATIONS, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON HOMEOWNERS ASSOCIATIONS.
Planned Community Act and Condominium Act. Makes the following changes to GS Chapter 47F (Planned Community Act) and makes corresponding changes to GS Chapter 47C (Condominium Act). Enacts new GS 47F-3-116.1 to require an association that has filed a claim of lien for unpaid assessments to acknowledge satisfaction of the claim of lien within 30 days after the association receives full payment or performance of the debt. Makes an association liable for actual damages caused by the failure to acknowledge satisfaction of the claim of lien. Also makes the association liable for $1,000 and reasonable attorneys’ fees and court costs, provided (1) the lot owner notifies the association of full payment and demands the association acknowledge satisfaction with the clerk of superior court and (2) the association does not acknowledge satisfaction with the clerk within 30 days after receipt of notification from the lot owner. Amends GS 47F-3-118(a) to delete language allowing a more extensive review of association records upon a majority vote. Enacts new GS 47F-3-118A, requiring the board of directors to provide for an annual independent financial review of the association, or, in the alternative, for an annual independent financial audit if any specified condition is met. Amends GS 47F-3-108 to require meeting notices to also include notice of any material matter for which a vote will be taken. Repeals GS 47F-3-110 (concerning voting). Enacts new GS 47F-3-110A to set out the procedures for voting at a meeting, by absentee ballot, by proxy, or without a meeting. Enacts new GS 47F-3-120.1 to authorize parties to resolve disputes through any form of alternative dispute resolution, as detailed. Makes corresponding changes to GS Chapter 47C, the Condominium Act. Effective July 1, 2012.
Taxation. Enacts new subsection (a1) to GS 105-277.8 (taxation of nonprofit homeowners’ association property) to provide that the value of real property owned by a nonprofit homeowners’ association, which meets specified conditions, is subject to taxation in the jurisdiction in which the property is entirely contained, and only in the amount of the local tax of that jurisdiction. Makes conforming changes. Effective for taxes imposed for taxable years beginning on or after July 1, 2012.
H 1085 (2011-2012) STATE HEALTH PLAN/STATUTORY CHANGES. Filed May 23 2012, FOR THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, WHICH COVERS RETIREES WITHIN THE RETIREMENT SYSTEM, (1) AMEND THE DEFINITION OF "DEPENDENT CHILD" IN ORDER TO COMPLY WITH THE AFFORDABLE CARE ACT, (2) LIMIT ENROLLMENT WITHOUT A QUALIFYING EVENT TO THE ANNUAL ENROLLMENT PERIOD, (3) REPEAL THE OPTIONAL PROGRAM OF LONG-TERM CARE BENEFITS, AND (4) MAKE A CLARIFYING CHANGE RELATED TO COINSURANCE.
Amends GS 135-48.1(9), defining “dependent child,” as the title indicates.
Amends GS 135-48.41(g), 135-48.42, and 135-48.43 with regards to limiting health plan enrollment by eligible employees and eligible dependents to the annual enrollment period unless there is a qualifying event. Permits eligible employees to change their elections, including adding or removing dependents, during the Plan year only if there is a qualifying event as defined under federal law.
Repeals GS 135-48.5(c), subdivisions (a5) and (16) of GS 135-48.30, and Part 6 of Article 3B of GS Chapter 135 to remove the optional program of long-term care benefits. Makes conforming changes. Provides that any employee, retired employee, or dependent enrolled under long-term care at the time of the repeal of Part 6 of Article 3B of GS Chapter 136 (Part 6) is entitled to a nongroup plan of long-term care benefits. Authorizes the Executive Administrator and the Board of Trustees of the Plan to decide how the conversion rights are to be administered. Directs that any unencumbered administrative fees collected by the Plan under Part 6 be transferred to the Public Health Benefit Fund created under GS 135-48.5(a).
Amends GS 135-48.22(2) and 135-48.30(2) to make a clarifying change related to coinsurance as the title indicates.
Effective July 1, 2012.
| Intro. by Dollar. | GS 135 |
H 1089 (2011-2012) STUDY ONLINE HIGHER EDUCATION. Filed May 23 2012, TO ESTABLISH THE JOINT LEGISLATIVE STUDY COMMISSION ON ONLINE HIGHER EDUCATION.
Creates a 13-member Commission as the title indicates. Provides for the appointment of members to the Commission. Directs the study to consider multiple issues relating to current online education classes, courses of study, and certificate and degree programs offered by the University of North Carolina’s constituent institutions and by the state’s community colleges. Requires that the Commission make a final report to the General Assembly no later than its 2013 convening. Provides that the Commission will terminate upon filing its final report or upon the convening of the 2013 General Assembly, whichever comes earlier.
Appropriates $70,000 from the General Fund to the General Assembly for the 2012-13 fiscal year for the Commission’s expenses.
Effective July 1, 2012.
H 1092 (2011-2012) RESTORE FUNDING/SERVICES FOR WOMEN. Filed May 23 2012, RESTORE FUNDING FOR BUDGET ITEMS IN THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF ADMINISTRATION, REVERSING BUDGET CUTS THAT ADVERSELY IMPACT PROGRAMS PROVIDING SERVICES TO WOMEN.
Appropriates $1,498,068 for 2012-13 from the General Fund to the Department of Public Safety. Restores funding to the following programs: (1) Women at Risk, (2) Summit House, and (3) Harriet’s House.
Appropriates $536,412 for 2012-13 from the General Fund to the Department of Administration. Restores full biennial funding to the following programs: (1) North Carolina Council for Women, (2) Displaced Homemakers Program, and (3) Rape Crisis Program.
Effective July 1, 2012.
| Intro. by Insko. | APPROP |
H 1093 (2011-2012) AGRICULTURAL REGULATORY REFORM. Filed May 23 2012, TO PROVIDE REGULATORY RELIEF FOR FARMERS BY DESIGNATING THAT AN ADDITIONAL REPRESENTATIVE OF AGRICULTURE SHALL BE INCLUDED AMONG THE GENERAL ASSEMBLY'S APPOINTMENTS TO THE ENVIRONMENTAL MANAGEMENT COMMISSION; BY REQUIRING THAT NOTICE BE GIVEN TO THE BOARD OF AGRICULTURE WHEN ANY PROPOSED RULE WOULD DIRECTLY AFFECT AGRICULTURE; AND BY CLARIFYING THAT THE POWER TO ISSUE CIVIL PENALTIES CONFERRED BY STATUTE ON THE COMMISSIONER, BOARD OF AGRICULTURE, PESTICIDE BOARD OR STRUCTURAL PEST CONTROL COMMITTEE INCLUDES THE POWER FOR THOSE BODIES TO DETERMINE THAT NON-MONETARY SANCTIONS, EDUCATION, OR TRAINING ARE SUFFICIENT TO ADDRESS A VIOLATION OF RULE OR STATUTE AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON AGRICULTURAL REGULATIONS.
Amends GS 143B-283(d) (Environmental Management Commission membership) to provide for a Commission member with agriculture experience, as title indicates.
Enacts new subsection (a1) to GS 150B-21.2 (procedure to adopt a permanent rule), requiring an agency to provide notice, as indicated, to the Board of Agriculture (Board) if a proposed rule would have a direct impact on agriculture.
Enacts new GS 106-22.6, permitting the Commissioner of Agriculture, the pesticide Board, the Structural Pest Control Committee, or the Board to impose a non-monetary, educational, or training condition instead of a monetary penalty, upon the violation of a specified GS Chapter.
H 1094 (2011-2012) CONTINUE LOCAL FOOD ADVISORY COUNCIL. Filed May 23 2012, TO RENAME THE NORTH CAROLINA SUSTAINABLE LOCAL FOOD ADVISORY COUNCIL AS THE NORTH CAROLINA LOCAL FOOD ADVISORY COUNCIL AND TO EXTEND THE SUNSET ON THE LAW ESTABLISHING THE COUNCIL, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON AGRICULTURAL REGULATIONS.
Amends Article 70 of GS Chapter 106 as title indicates. Extends the sunset on the law creating the Council from July 31, 2012 to July 31, 2017. Makes conforming changes.
| Intro. by Bradley, Dixon. | GS 106 |
H 1095 (2011-2012) SMALL FARM PROFITABILITY/EGG SALES. Filed May 23 2012, TO INCREASE SMALL FARM PROFITABILITY BY INCREASING THE EXEMPTION FOR SALES OF UNGRADED EGGS AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON AGRICULTURAL REGULATIONS.
Amends GS 106-245.15 (grade and class labeling requirements) to increase the exemption allowed for the sale of ungraded eggs from 30 dozen to 150 dozen per week.
| Intro. by Bradley, Dixon. | GS 106 |
H 1096 (2011-2012) SIMPLIFY BEVERAGE CONTRACT BIDS (NEW). Filed May 23 2012, TO SAVE MONEY BY REMOVING LOCAL SCHOOL ADMINISTRATIVE UNITS FROM THE SEPARATE BID REQUIREMENTS FOR JUICE AND WATER, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON CHILDHOOD OBESITY.
Amends GS 143-64 as the title indicates.
| Intro. by Sanderson, LaRoque. | GS 143 |
H 1097 (2011-2012) FUND CHILD NUTRITION SALARY & BENEFIT COST INC. Filed May 23 2012, TO APPROPRIATE FUNDS TO THE DEPARTMENT OF PUBLIC INSTRUCTION TO OFFSET THE COST OF SALARY AND BENEFIT INCREASES REQUIRED BY THE STATE FOR CHILD NUTRITION PERSONNEL IN LOCAL SCHOOL ADMINISTRATIVE UNITS, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON CHILDHOOD OBESITY.
Appropriates funds in an unspecified amount for 2012-13 from the General Fund to the Department of Public Instruction as the title indicates. Effective July 1, 2012.
| Intro. by Sanderson, LaRoque. | APPROP |
H 1098 (2011-2012) CONTINUE THE SUSTAINABLE LOCAL FOOD ADVISORY. Filed May 23 2012, TO CONTINUE THE WORK OF THE SUSTAINABLE LOCAL FOOD ADVISORY COUNCIL, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON CHILDHOOD OBESITY.
SL 2009-530 added a new Article 70 to GS Chapter 106 that established the North Carolina Sustainable Local Food Advisory Council. Extends the expiration date of Article 70, GS Chapter 106, to July 31, 2015 (was, July 31, 2012).
| Intro. by Sanderson, LaRoque. | GS 106 |
H 1099 (2011-2012) SUPPORT PROCUREMENT & FARM TO SCHOOL/FUNDS. Filed May 23 2012, TO REDUCE CHILD NUTRITION PROGRAM FOOD COSTS BY ENCOURAGING PARTICIPATION IN THE NORTH CAROLINA PROCUREMENT ALLIANCE AND BY APPROPRIATING FUNDS FOR ADMINISTRATIVE SUPPORT FOR THE PROCUREMENT ALLIANCE; AND TO ENCOURAGE USE OF THE FARM TO SCHOOL PROGRAM AND APPROPRIATE FUNDS FOR CHILD NUTRITION PROGRAM EQUIPMENT TO ENCOURAGE PREPARATION AND CONSUMPTION OF LOCALLY GROWN FRUITS AND VEGETABLES, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON CHILDHOOD OBESITY.
Directs the State Board of Education (SBE) and the Department of Public Instruction (DPI) to work collaboratively with local boards of education and school administrative units to reduce the food costs for the Child Nutrition Program as the title indicates. Requires the SBE and DPI to report on their progress in reducing food costs to the Joint Legislative Education Oversight Committee on or before November 1, 2013.
Appropriates $80,000 for 2012-13 from the General Fund to DPI to provide administrative support to the NC Procurement Alliance.
Appropriates $575,000 for 2012-13 from the General Fund to DPI to be used to provide $5,000 to each local school administrative unit for the purchase of food preparation equipment that would encourage the purchase of locally grown fresh fruits and vegetables for consumption by school children.
Effective July 1, 2012.
| Intro. by Sanderson, LaRoque. | APPROP |
H 1100 (2011-2012) FUNDS FOR NC FOOD BANKS. Filed May 23 2012, TO APPROPRIATE FUNDS FOR NORTH CAROLINA FOOD BANKS.
Appropriates $3,773,001 for 2012-13 from the General Fund or from any available federal Block Grant funds to the Department of Health and Human Services to provide additional funding for the North Carolina food banks. Effective July 1, 2012.
| Intro. by Earle. | APPROP |
H 1101 (2011-2012) FUNDS/CHILDREN'S ADVOCACY CENTERS. Filed May 23 2012, TO APPROPRIATE FUNDS FOR CHILDREN'S ADVOCACY CENTERS.
Appropriates $375,000 for 2011-12 from the General Fund or from any available federal Block Grant funds to the Department of Health and Human Services to be allocated equally among the 22 fully certified child advocacy centers in the state. Effective July 1, 2012.
| Intro. by Earle. | APPROP |
H 1102 (2011-2012) FUNDS/ONE NC SMALL BUSINESS ACCOUNT. Filed May 23 2012, APPROPRIATE FUNDS TO THE ONE NORTH CAROLINA SMALL BUSINESS ACCOUNT.
Appropriates $2 million for 2012-13 from the General Fund to the One North Carolina Small Business Account created in the One North Carolina Fund under GS 143B-437.71. Directs that the funds are to be used for the North Carolina SBIR/STTR Incentive Program and the SBIR/STTR Matching Funds Program. Effective July 1, 2012.
| Intro. by Wilkins. | APPROP |
H 1103 (2011-2012) APPROP: NC INDIAN ECONO. DEV. INITIATIVE. Filed May 23 2012, TO APPROPRIATE FUNDS FOR THE NORTH CAROLINA INDIAN ECONOMIC DEVELOPMENT INITIATIVE.
Appropriates $150,000 for 2012-13 from the General Fund to the Department of Commerce for the NC Indian Economic Development Initiative to advocate and facilitate economic development in NC’s American Indian communities, as detailed. Effective July 1, 2012.
| Intro. by Wilkins, Graham, Wray. | APPROP |
H 1104 (2011-2012) SCHOLARSHIP FUNDING CORPORATE TAX CREDIT. Filed May 23 2012, CREATE A TAX CREDIT FOR CORPORATIONS MAKING DONATIONS TO FUND EDUCATION SCHOLARSHIPS.
Adds new Article 31, Equal Opportunity Scholarship Tax Credit, to GS Chapter 105.
Defines a scholarship-funding organization as an organization certified by the Division of Nonpublic Education of the Department of Administration under proposed GS 115C-562.2.
Prescribes the criteria to be met under which a taxpayer corporation may qualify for a tax credit for making a monetary donation to a non-profit scholarship-funding organization. Sets out the formula for calculating the taxpayer’s tax credit based on the amount of the taxpayer’s monetary donation to a scholarship-funding organization. Requires the taxpayer to substantiate a donation to a scholarship-fund with written certification of the donation obtained from the Secretary of Revenue. Sets caps on the total allowable tax credits under proposed Article 31. Prohibits a taxpayer claiming a credit under this section from deducting the donation under any other provision of GS Chapter 105 so as to receive a double benefit. Effective for taxable years beginning on or after January 1, 2012 and applies to donations made after July 1, 2012.
Amends Article 39 of GS Chapter 115C, adding a new Part 2A, Scholarship-Funding Organizations. Includes the definitions of terms as they apply in this Part. Defines a scholarship-funding organization as a NC charitable organization certified by the Division of Nonpublic Education, Department of Administration (Division) for eligibility to receive donations. Defines an eligible student as one that has not yet received a high school diploma and (1) was a full time public school student the previous semester; (2) received a scholarship from an eligible funding organization; or (3) is entering kindergarten or first grade. Student must also belong to a household with an income not exceeding 225% of the federal poverty level. Requires a North Carolina charitable organization to apply annually to the Division for certification as a scholarship-funding organization. Provides criteria the Division is to use to determine an organization’s eligibility for certification as an eligible scholarship-funding organization. Specifies information that a scholarship-funding organization must submit to the Division. Limits scholarships to $4,000 per year, per student. Delineates the obligations of nonpublic schools that receive scholarship funds.
Requires the nonpublic school scholarship-funding organization to remit at minimum twice each school year a scholarship payment certificate to the nonpublic school to be endorsed by at least one of the attending student’s parents or guardians. Includes Division reporting requirements. Includes requirement that the Division report to the Department of Public Instruction (DPI) each year no later than August 1, how many students have received scholarships through a scholarship-funding organization that previously attended a local school administrative unit or a charter school. Directs DPI to decrease the local per pupil allocation to public schools, including charter schools based on the number of students receiving scholarships who attended public schools the previous semester and who are currently enrolled in on public schools. Also requires the Division to report annually, no later than October 1, to DPI and the Joint Legislative Oversight Committee on the learning gains of students receiving donation scholarships; makes the first report due October 1, 2014. Provides guidelines for conducting the evaluation for the report.
Includes additional specifications and deadlines regarding certifications and applications that are the responsibility of the Division.
H 1105 (2011-2012) MODIFY TAXATION OF HOA PROPERTY (NEW). Filed May 23 2012, AMENDING THE ELECTROLYSIS PRACTICE ACT TO AUTHORIZE THE BOARD OF ELECTROLYSIS EXAMINERS TO HOLD AND USE FUNDS, TO CLARIFY CONTINUING EDUCATION REQUIREMENTS, AND TO AFFECT CERTAIN FEES.
Amends GS Chapter 88A, the Electrolysis Practice Act, as follows: (1) repeals GS 88A-7 which made funds collected by the North Carolina Board of Electrolysis Examiners [the Board] subject to the Executive Budget Act and oversight by the State Auditor; (2) amends GS 88A-8 to authorize the Board to directly control expenditures of funds held by the Board and to require the Board treasurer or executive director to deposit Board funds in an insured financial institution; (3) amends GS 88A-9 to establish a $100 reexamination fee and a $25 returned check fee; (4) amends GS 88A-11.1 to authorize the Board to waive the laser hair practitioner certification course requirement upon documentation of laser hair removal experience before October 1, 2007; (5) amends GS 88A-13 to authorize the Board to approve all continuing education requirements and changes the annual continuing education requirement from a minimum of 10 hours to a maximum of 10 hours; (6) amends GS 88A-17.1 to provide that serving as a qualified instructor may satisfy practice requrement for licensure; and (7) makes other technical and conforming changes. Effective October 1, 2012.
| Intro. by Justice. | GS 88A |
H 1111 (2011-2012) RESTORE MILITARY MORALE & WELFARE FUND. Filed May 23 2012, TO RESTORE FUNDING TO THE MILITARY MORALE AND WELFARE FUND.
Appropriates $500,000 for 2012-13 from the General Fund to the Office of State Budget and Management as title indicates. Effective July 1, 2012.
| Intro. by Floyd, Lucas, Glazier. | APPROP |
H1112 (2011-2012) ARTS EDUCATION AS A GRADUATION REQUIREMENT. Filed May 23 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.
Identical to S 874, filed 5/22/12.
As title indicates. Directs the State Board of Education to require the credit beginning with students entering the ninth grade in 2015.
| Intro. by Carney. | UNCODIFIED |
H 1113 (2011-2012) IMPLEMENTATION OF COMPREHENSIVE ARTS EDUC. Filed May 23 2012, DIRECTING LOCAL SCHOOL ADMINISTRATIVE UNITS TO IMPLEMENT A COMPREHENSIVE ARTS EDUCATION PLAN, AS RECOMMENDED BY THE ARTS EDUCATION COMMISSION.
As title indicates. Sets out reporting requirements for the local school administrative units and the Department of Public Instruction.
| Intro. by Carney, Johnson. | UNCODIFIED |
H 1114 (2011-2012) NCEMPA/USE OF RATE REVENUE. Filed May 23 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.
Identical to S 867, filed 5/22/12.
As title indicates. Effective July 1, 2013.
| Intro. by Brawley. | UNCODIFIED |
H 1116 (2011-2012) SMALL BUSINESS JOBS CREDIT. Filed May 23 2012, TO PROVIDE A TAX CREDIT FOR SMALL BUSINESSES THAT CREATE JOBS.
Enacts new GS 105-129.16K to allow an eligible business a tax credit for each new eligible job created and filled by a qualified employee, equal to 6.2% of the employee’s wages. Requires the person to hold the new job for at least 12 months. Caps the credit allowed per job at $5,000 and caps the total credits allowed to a taxpayer under the statute at $200,000. Defines eligible business as one (1) with 500 or fewer full-time employees at the beginning of the tax year, and (2) who employed five or more full-time employees on December 31, 2011. Defines eligible new job as a job that pays at least $20,000. Defines qualified employee as one that is (1) unemployed or employed for less than 40 hours for the 180 days prior to employment; or (2) was in military service in a combat zone after September 11, 2001, and was discharged or released from duty during the 5 years before employment. Defines new job and qualified employee and several other terms. Details a business’s eligibility for the credit following a change in ownership, and states that the acquisition of a business creates new eligibility in the acquiring taxpayer, as detailed. Makes conforming changes to GS 105-129.17(a). Effective for tax years beginning on or after January 1, 2013.
| Intro. by Wray. | GS 105 |
H 1117 (2011-2012) ENHANCE R&D TAX CREDIT FOR SMALL BUSINESSES. Filed May 23 2012, TO ENHANCE THE TECHNOLOGY DEVELOPMENT TAX CREDITS FOR SMALL BUSINESSES.
Amends the definition for small business in GS 105-129.50(10) to include businesses with annual receipts up to $2.5 million (was, up to $1 million). Amends GS 105-129.55(a) to increase the tax credit allowed to small businesses to 5% (was, 3.25%) and the tax credit allowed for university research to 25% (was, 20%). Effective for tax years beginning on or after January 1, 2013.
| Intro. by Wray. | GS 105 |
H 1118 (2011-2012) SMALL BUSINESS START-UP TAX RELIEF. Filed May 23 2012, PROVIDE TAX RELIEF FOR SMALL START-UP BUSINESS.
Adds new subdivision (23) to GS 105-134.6(b) to expand taxpayer deductions in calculating North Carolina taxable income for qualified businesses.
Recodifies GS 105-163.013 as 105-163.010A and GS 105-163.015 as 105-163.010B. Makes conforming changes to GS 105-163.010 (Definitions).
Amends the title for Part 5 of Article 4 of GS Chapter 105 (Part 5) to read, Tax Incentives (was, Credits) for Qualified Business Investments.
Amends the list of requirements in GS 105-163.010A(b) that a business must meet to be a qualified business venture to require that the business cannot have been formed for the primary purpose of acquiring any ownership interest of an existing business. Also amends the requirements for qualifying as a qualified grantee business. Provides that no credit or exclusion of gain is allowed for an investment made before the effective date of the registration as a qualified business venture or as a qualified grantee business or after either registration is revoked. Provides that application forms must be signed by the owners, a manager, or an executive officer of the business (was, for a corporation, the president, vice president, or secretary).
Extends the sunset date for Part 5 to January 1, 2016 (was, January 1, 2013). Amends GS 105-163.012 to increase the amount of total tax credits allowed under GS 105-163.011 for investments in a single calendar to be no more than $10 million (was, $7.5 million).
Enacts new GS 105-163.020 providing criteria for when an exclusion of gain from the sale of qualified securities is allowed to the taxpayer. Includes criteria relevant to pass-through entities, the recapture of credit, and qualified securities. Sets out requirements for qualified securities, including that it was originally issued by the business on or after January 1, 2012. Also provides rules regarding limitations as to contributions and exchanges of property, and transactions that substantially reduce the risk of loss.
Effective for taxable years beginning on or after January 1, 2012.
| Intro. by Wray. | GS 105 |
H 1119 (2011-2012) LEAS REQUIRED TO ENHANCE ARTS EDUCATION. Filed May 23 2012, DIRECTING LOCAL SCHOOL ADMINISTRATIVE UNITS AND PUBLIC SCHOOLS IN NORTH CAROLINA TO ENHANCE THEIR ARTS EDUCATION PROGRAMS, AS RECOMMENDED BY THE ARTS EDUCATION COMMISSION.
As title indicates. Sets out reporting requirements for local school administrative units and the State Board of Education.
| Intro. by Johnson, Carney. | UNCODIFIED |
H 1120 (2011-2012) FUNDS FOR MEDICALLY UNDERSERVED PATIENTS. Filed May 23 2012, APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE SERVICES FOR MEDICALLY UNDERSERVED AND INDIGENT PATIENTS.
Appropriates $1.5 million for 2012-13 from the General Fund to the Department of Health and Human Services, Division of Public Health, for community health centers. Also appropriates $350,000 for 2012-13 from the General Fund to the Department of Health and Human Services, Division of Public Health, for the ECU School of Medicine to continue to operate a high-risk maternity clinic to serve eastern North Carolina. Effective July 1, 2012.
| Intro. by Gill, Insko, Earle, Farmer-Butterfield. | APPROP |
The Daily Bulletin: 2012-05-23
PUBLIC/SENATE BILLS
S 745 (2011-2012) BEER FRANCHISE LAW CLARIFICATIONS. Filed Apr 19 2011, TO PRESERVE THE THREE TIER DISTRIBUTION SYSTEM FOR MALT BEVERAGES IN NORTH CAROLINA BY CLARIFYING PROVISIONS OF THE BEER FRANCHISE LAW TO PROVIDE: A FRANCHISE AGREEMENT APPLIES TO ALL SUPPLIER PRODUCTS UNDER THE SAME BRAND NAME; A WHOLESALER MUST SELL MALT BEVERAGES TO ALL RETAILERS IN ITS TERRITORY AT THE SAME PRICE AT THE TIME OF DELIVERY; PROHIBITED ACTS OF SUPPLIERS WITH RESPECT TO THEIR DEALINGS WITH WHOLESALERS; GOOD CAUSE FOR TERMINATION MAY NOT BE MODIFIED BY AN AGREEMENT THAT DEFINES GOOD CAUSE IN A MANNER DIFFERENT THAN PROVIDED BY STATE LAW; CERTAIN ACTS THAT DO NOT AMOUNT TO GOOD CAUSE FOR TERMINATION OF A FRANCHISE; REMEDIES FOR A SUPPLIER'S WRONGFUL TERMINATION OF A FRANCHISE; INCLUSION OF A WHOLESALER MERGER, THE FACTORS THAT MAY BE CONSIDERED BY THE SUPPLIER IN APPROVING A MERGER OR TRANSFER, AND REMEDIES FOR UNLAWFUL REFUSAL TO APPROVE A MERGER OR TRANSFER; THE BEER FRANCHISE LAW MAY NOT BE WAIVED BY AN AGREEMENT CONTRARY TO STATE LAW; AND MEDIATION OF DISPUTES ARISING UNDER THE BEER FRANCHISE LAW.
House committee substitute makes the following changes to 3rd edition:
Section 1: (1) deletes previous amendments to GS 18B-1303(b); (2) clarifies amendments to GS 18B-1304(10) that the definition of “discriminate” for purposes of that subsection excludes granting more favorable freight and transportation costs and price promotions for special events under limited circumstances; (3) revises amendments to GS 18B-1305(a1) to provide that a brewery’s authorization to a wholesaler for distribution of its own malt beverage products reverts back to the brewery following the fifth business day after confirmed receipt of written notice of such reversion, and deletes requirement that reversion cannot take effect until brewery and wholesaler agree in writing on the fair market value of distribution rights; (4) deletes previous amendments to GS 18B-1306(b) concerning monetary damages for wrongfull termination; (5) revises amendments to GS 18B-1307 to combine language in previous new subsection (b1) into existing subsection (b) and to add provision in that subsection preserving supplier’s right to match and reassign to a designee the right to purchase an ownership interest subject to the limitation that that the price and conditions applicable to the purchase be the same as those proposed by the transferee; and (6) deletes previous amendments to GS 18B-1307(c) except to make technical and conforming changes to include reference to mergers.
Section 2: Adds new amendments to GS 18B-702(j) clarifying that the Alcoholic Beverage Control Commission may approve a local board general manager also serving as that local board’s finance officer by a grant of a waiver and that the Commission may grant more than one waiver to a local board.
Section 4: Revises the effective date to provide that amendments to GS 18B-1304 become effective October 1, 2012.
Makes other technical and conforming changes and renumbers Sections 3 and 4.
| Intro. by Allran. |
S 797 (2011-2012) PYMT. OF 2012 MEDICAID COSTS/INMATE MED COSTS (NEW). Filed May 16 2012, TO ENSURE ADEQUATE FUNDING IN THE STATE MEDICAID PROGRAM FOR THE 2011-2012 FISCAL YEAR; AND TO PROHIBIT THE DRAWING DOWN OR TRANSFERRING OF MEDICAID DISPROPORTIONATE SHARE RECEIPTS OR OTHER FUNDS IF DOING SO WOULD CREATE OR INCREASE A FINANCIAL OBLIGATION IN THE 2012-2013 FISCAL YEAR.
House committee substitute makes the following changes to 1st edition.
Directs the Governor to transfer at least $29 million (was, $50 million) of funds available in the Department of Health and Human Services to pay Medicaid providers. Deletes the prohibition on authorizing delay of drug rebates. Adds, as the second action in the priority order, the transfer of $21 million in unanticipated federal Children’s Health Insurance Program Reauthorization Act bonus funds to the State Controller. Makes clarifying changes and modifies the order of priority for funds to be adjusted. Makes technical and clarifying changes.
Prohibits NC from issuing any request for proposals, or entering into a new contract, for the oversight or management of health care services for state prison system inmates without the General Assembly’s prior approval in a legislative act. Makes a conforming change to the bill title.
| Intro. by Brunstetter, Hunt, Stevens. |
S 816 (2011-2012) BANKING LAW MODERNIZATION ACT. Filed May 17 2012, TO REWRITE THE BANKING LAWS OF NORTH CAROLINA, AS RECOMMENDED BY THE JOINT LEGISLATIVE STUDY COMMISSION ON THE MODERNIZATION OF NORTH CAROLINA BANKING LAWS.
Senate amendment makes the following changes to 1st edition.
Amends proposed GS 53C-2-7, which requires the Commissioner of Banks to keep an official record and sets out records to be kept confidential, to add that confidential records may be produced for discovery in a criminal or enforcement proceeding if two, specified actions occur.
| Intro. by Brown. |
S 851 (2011-2012) BOARDS & COMMISSIONS EFFICIENCY ACT OF 2012. Filed May 21 2012, TO IMPROVE THE EFFICIENCY OF STATE GOVERNMENT BY ABOLISHING CERTAIN STATE BOARDS, COMMISSIONS, AND COMMITTEES, REORGANIZING THE MEMBERSHIP OF SOME STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND MAKING CONFORMING CHANGES, AS RECOMMENDED BY THE JOINT REGULATORY REFORM COMMITTEE.
PART 1. Elimination of Certain State Boards and Commissions
Includes a statement of legislative intent and findings regarding the need to eliminate and diminish membership of certain boards and commissions in order to promote efficiency and eliminate financial waste.
Eliminates the Governor’s Advisory Council on Aging (Council). Repeals the following provisions of GS Chapter 143B having to do with the creation and operation of the Council: Part 14 of Article 3 of GS Chapter 143B, 143B-138.1(b)(2), 143B-180, and 143B-181.
Eliminates the NC Agricultural Hall of Fame Board of Directors (Hall of Fame Board). Repeals GS 106-568.14 (creating the Hall of Fame Board) and 106-568.15 (regarding membership terms). Amends GS 106-568.16 and GS 105-568.17 to delegate the responsibilities and functions of the Hall of Fame Board to the Board of Agriculture.
Repeals Article 19 of GS Chapter 120 and GS 120-150 through 120-54 to eliminate the Agriculture and Forestry Awareness Study Commission. Makes a conforming change repealing GS 143-318.14A(a)(15).
Repeals Part 13 of Article 2, GS Chapter 143B, to eliminate America’s Four Hundredth Anniversary Commission. Makes a conforming change to GS 143B-53 and repeals GS 143B-51(b)(15).
Eliminates the Commission of Anatomy. Repeals Part 1 of Article 1B of GS Chapter 130A except for GS 130A-33.32 (Commission of Anatomy-Reference to former Board of Anatomy in testamentary disposition). Recodifies GS 130A-33.32 as GS 130A-33.1 and replaces references to the Commission of Anatomy with Commission for Public Health. Amends GS 130A-29 to direct the Department of Public Health to adopt rules regarding the distribution of human bodies and parts in order to promote the study of anatomy in North Carolina. Makes conforming changes to GS 130A-398, 130A-412.13, 130A-415, 130A-416, 130A-418, and 143B-138.1.
Amends GS Chapter 94 (Apprenticeship) to eliminate the NC Apprenticeship Council. Makes conforming changes to GS 94-3, 94-5, and 94-6, authorizing the Commissioner of Labor to assume responsibilities previously delegated to the Apprenticeship Council. Also makes a conforming change to GS 94-7 and repeals GS 143A-71.
Repeals GS 105-275(41), which designated objects of art held by the North Carolina State Art Society, Inc., as among the special classes of property excluded from tax. Makes the provisions of subsection (d) of GS 135-27 regarding permitting certain associations, upon meeting specified requirements, to elect to become members of the Teachers’ and State Employees’ Retirement System, inapplicable to the North Carolina State Art Society (Art Society). Repeals Article 3 of GS Chapter 140 regarding the operations of the Art Society and makes conforming changes to GS 143B-51(b)(7), Part 15 of Article 2 of GS Chapter 143B and GS 143B-53. Effective October 1, 2012.
Repeals GS 113-291.10 to eliminate the Beaver Damage Control Advisory Board.
Eliminates the Consumer and Advocacy Advisory Committee for the Blind, repealing Part 9 of GS Chapter 143B, GS 143B-163, 143B-164, and 143B-131.1(b)(5). Amends GS 143B-157 (Commission for the Blind - creation, powers, and duties) to direct the Commission for the Blind to make a continuing study of the needs and range of problems for the blind and advise a variety of state entities including schools, boards, and commissions on the needs of visually impaired persons in the state or those who will become visually impaired.
Repeals Sections 3 and 4 of SL 2003-404, thereby eliminating the Blount Street Historic District Oversight Committee.
Repeals Part 33 of Article 3 of GS Chapter 143B to eliminate the North Carolina Brain Injury Advisory Council.
Repeals Part 3 of Article 9 of GS Chapter 143B, thereby eliminating the NC Capital Planning Commission.
Amends GS 90-171.71 abolishing the policy setting board for the governing of the NC Center for Nursing (Center). Directs the University of North Carolina to administer the Center. Makes conforming change to GS 126-5.
Eliminates the NC Child Fatality Task Force (Task Force). Repeals GS 7B-1402 (creation), 7B-1403 (duties), and 7B-1412 (reporting requirements). Makes conforming changes to GS 7B-1401 and 7B-1404. Amends GS 7B-1405 to redirect the NC Child Fatality Prevention Team to report to the Department of Health and Human Services on its activities and recommendations (was, report to the Task Force). Makes additional conforming changes to GS Chapter 7B. Effective June 30, 2013.
Abolishes the NC Community Development Council, repealing Part 2A of Article 10 of GS Chapter 143B. Makes conforming changes repealing GS 143B-432(c)(1) and 143B-433(2)b.
Repeals GS 58-33-135, thereby eliminating the Continuing Education Advisory Committee.
Repeals GS 143B-715, which specified the duties and membership of the NC Board of Correction. Makes a conforming change removing reference to the Board of Correction from GS 143B-711.
Abolishes the NC Courts Commission by repealing GS 7A-506 through GS 7A-510. Makes a conforming change to GS 15A-266.5.
Eliminates the Governor’s Crime Commission, repealing GS 143B-1100 through GS 143B-1103. Makes conforming changes to GS 143A-244, 143B-600, 143B-602, 15A-1336, and 164-42.1(a).
Repeals GS 115C-64.6 through GS 115C-64.9, abolishing the Committee on Dropout Prevention.
Repeals GS 143-355.1, thereby eliminating the Drought Management Advisory Council. Amends GS 143-355.2 to make conforming changes.
Eliminates the Edenton Historical Commission, repealing GS 143B-95 through GS 143B-98.
Directs the Secretary of State to abolish the Advisory Council on Electronic Notary Standards no later than 30 days after the date this act becomes effective.
Amends GS 47-16.5 to abolish the Electronic Recording Council. Makes a conforming change.
Amends GS 96-4 to abolish the Employment Security Advisory Council. Makes a conforming change.
Eliminates the North Carolina Farmworkers Council, repealing GS 143B-426.25 and 143B-426.26.
Abolishes the Justus-Warren Heart Disease and Stroke Prevention Task Force, repealing GS 143B-216.60.
Repeals GS 122E-4 to eliminate the North Carolina Housing Partnership (Partnership). Makes conforming changes to GS 122E-2, 122E-5, and 120-123(34b). Also amends GS 122E-6, 122E-7, and 122E-8 to assign functions of the Partnership to the North Carolina Housing Finance Agency (Agency). Amends GS 122A-5 to provide that the Agency’s authority includes the power to promote development of a low-incoming housing plan for the state and to obtain necessary housing information from other state agencies.
Eliminates the Committee on Inaugural Ceremonies, repealing GS 143-532 through GS 143-539.
Abolishes the Interagency Coordinating Council of Children from Birth to Five with Disabilities and Their Families. Repeals GS 143B-179.5 and GS 143B-179.6. Makes conforming changes to GS 143B-139.6A.
Eliminates the Governor’s Management Council, repealing GS 143B-426.22.
Dissolves the Legislative Commission on Methamphetamine Abuse (Commission), repealing GS 120-226. Amends GS 90-113.64 and 114-19.01 directing that required reports from the State Bureau of Investigation be submitted to the Joint Legislative Oversight Committee on Justice and Public Safety in lieu of the dissolved Commission.
Abolishes the Mine Safety and Health Advisory Council, repealing GS 74-24.2(2) and GS 74-24.6.
Dissolves the Motor Vehicle Dealer’s Advisory Board, repealing GS 20-305.4. Makes conforming changes to GS 20-305.5.
Repeals GS 153B-4, eliminating the Mountain Area Resources Technical Advisory Council. Repeals GS 153B-1 through GS 153B-3, eliminating the Mountain Resources Commission.
Amends GS 143B-426.9 to eliminate the Board of Public Telecommunications Commissioners (Board). Makes conforming changes to GS 143B-426.8 and 143B-426.11. Repeals GS 120-123(4) to delete a reference to the dissolved Board.
Abolishes the Board of Directors Certification Entity for Phase II Settlement Fund Certification Board, established under SL 1999-333.
Dissolves the NC Small Business Contractor Authority (Authority). Repeals GS 143B-472.102. Amends GS 143B-472.10 to delete the definition for the Authority and to add that Department refers to the Department of Commerce. Amends GS 143B-472.103, 143B-472.104, and 143B-472.105 to designate responsibilities of the Authority to the Department.
Abolishes the NC Sustainable Communities Task Force, repealing GS 143B-344.34 through 143-344.38. Makes a conforming change repealing GS 120-123(79).
Eliminates the NC Sustainable Local Food Advisory Council, repealing GS 106-830 through 106-833.
Repeals GS 120-275 through 120-279, abolishing the Joint Legislative Commission on the Department of Transportation Disadvantaged Minority-Owned and Women-Owned Business Program.
Repeals GS 143B-434.1 dissolving the NC Travel and Tourism Board. Makes a conforming change repealing GS 143B-434(a)(4).
Declares that the following boards, committees, and commissions have met statutory requirements and are no longer authorized to operate in any capacity: (1) Legislative Task Force on Childhood Obesity, (2) Commission to Study the Governance and Adequacy of the Investment Authority of Various State-Owned Funds for the Purposes of Enhancing the Return on Investments, (3) “More at Four” Pre-K Task Force, (4) National Heritage Area Designation Commission, (5) Pilot Accreditation Advisory Board; (6) Public Funding Council of State Elections Commission, and (7) Legislative Commission on Global Climate Change. Effective June 30, 2012.
PART II. Reorganization of Various Boards and Commissions
Subpart A. Advisory Boards
Amends GS 115C-296.6 to make the following changes to the Board of Trustees (Board) for the NC Center for the Advancement of Teaching (NCCAT): (1) designates the State Superintendent of Public Instruction or the Superintendent’s designee to serve on the Board ex officio (was, the Chairman of the State Board and the Superintendent or their designees), (2) one member (was, two) appointed on the recommendation of the President Pro Tempore of the Senate, and (3) one member (was, two) appointed upon the recommendation of the Speaker of the House of Representatives.
Amends GS 143B-88 to reduce the membership of the North Carolina Arts Council (Council) to 12 members (was, 24) appointed by the Governor. Staggers the term expiration dates for the initial members of the Council. Authorizes the Council to designate a member to be chair (was, chair designated by the Governor).
Amends GS 113A-105 to reduce the members of the Coastal Resources Advisory Council to 24 members (was, 45). Makes adjustments to the designation or appointment of members.
Amends GS 143B-216.32 to reduce the members of the Council for the Deaf and the Hard of Hearing to 19 (was, 28) members appointed by the Governor. Designates that one appointee must be a deaf education teacher (was, an educator who trains deaf education teacher) and one appointment must be a licensed doctor with a primary specialty in providing treatment to deaf or hard of hearing patients. Makes additional changes to the appointment requirements and provides that all members are to serve a four year term. Provides that the Council is to designate the chair (was, designated by the Secretary of the Department of Health and Human Services).
Amends GS 143B-179 to reduce the membership of the Council on Developmental Disabilities to 18 (was, 32). Also amends the criteria for the appointment of members.
Amends GS 143B-434 to reduce the Economic Development Board (EDB) to 21 members (was, 39). Provides that all terms are to be for four years. Makes additional changes regarding beginning dates for terms and appointments to the EDB.
Amends GS 114-51 to reduce the members of the North Carolina Financial Literacy Council to nine (was, 18). Deletes requirement for at least one member from the Department of Commerce, the Department of Justice, and the Department of Labor. Makes additional changes to membership requirements.
Amends GS 143A-66.2 to change the membership of the North Carolina Forestry Council to 12 members (was, 18). Authorizes the Forestry Council to select a member as chair (was, the Governor designated the chair). Amends the criteria for the appointment of members.
Amends GS 143-726, reducing the members of the NC Geographic Information Coordinating Council to 20 (was, 35). Makes additional changes to the composition of the members of the Coordinating Council. Provides that the Governor is to appoint a chair from the membership of the Council to serve for a one-year term. Directs the Office of Geospatial and Technology Management, Division of Emergency Management, and the Department of Public Safety to provide staff support as needed. Expands on the report recipients.
Amends GS 143B-63. Reduces the members of the NC Historical Commission to seven (was, 11). Makes adjustments to the requirements for membership on the Historical Commission.
Amends GS 143A-48.1, reducing the members of the NC Council on the Holocaust to 12 (was, 24). Makes adjustments to the number of appointments made by the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.
Amends GS 122A-5.11 to reduce the members of the NC Housing Coordination and Policy Council to nine (was, 15).
Amends GS 143B-392 to provide that the NC Human Relations Commission (HRC) consists of 11 members (was, 22). Authorizes the members of the HRC to appoint the chair (was, the Governor appointed the chair). Amends the criteria for the appointment of members and for setting members’ term lengths.
Amends GS 115C-210.1 to reduce the members of the State Advisory Council on Indian Education to 11 (was, 15). Reduces the number of Indian parents on the Advisory Council to four (was, eight).
Amends GS 143B-418 to provide that the NC Internship Council consists of 13 members (was, 17). Amends GS 143B-91 to provide that the State Library Commission consists of 11 members (was, 15). Amends GS 130A-34.1 reducing the members of the Local Health Department Accreditation Board to nine (was, 17). Makes adjustments to the number of appointments by each appointing authority.
Amends GS 143B-289.57 (establishes the Marine Fisheries Commission Advisory Committee) to combine the Crustacean Committee and the Shellfish Committee into a single Shellfish/Crustacean Advisory Committee. Directs the Marine Fisheries Advisory Commission Chair to appoint a Northern Advisory Committee and a Southern Advisory Committee and specifies the geographic areas that each Committee is to encompass (was, appoint a regional advisory committee for three designated coastal areas and an advisory committee for the part of the state not included in the three coastal regions). Directs the Chair of the Marine Fisheries Advisory Commission to appoint no more than 11 members to the Northern Advisory Committee and the Southern Advisory Committee.
Under current law, the NC Advisory Commission on Military Affairs consists of 21 voting members who serve on the Executive Committee and 17 nonvoting ex-officio members. Amends GS 127C-2 to reduce the number of voting members on the Executive Committee to 15.
Amends GS 130A-33.44 to provide that the Minority Health Advisory Council consists of nine members (was, 15). Makes adjustments to the number of appointments by each appointing authority.
Amends GS 140-5.13, effective October 1, 2012, to provide that the Board of Trustees consists of 11 members (was, 29). Makes adjustments to the number of appointments by each appointing authority. Provides that the terms of currently serving members expire September 30, 2012, and that members appointed under GS 140-5.13 as amended are to begin serving their terms on October 1, 2012.
Amends GS 143B-472.81 to provide that the NC Board of Science and Technology consists of the Governor, the Secretary of Commerce, and 13 appointed members (was, 17). Amends GS 143B-386 to reduce the members of the State Youth Advisory Council of the Department of Administration to 10 (was, 20). Makes adjustments to the number of appointments by each appointing authority.
Except as otherwise provided, the provisions in Subpart A are effective July 1, 2012. Terms for members currently serving on the boards and commissions in this Subpart expire on June 30, 2012. Charges the appointing authorities with the responsibility for achieving the membership totals under this Subpart by August 1, 2012.
Subpart B. Executive Boards and Commissions
Amends GS 122D-4 to establish a seven-member NC Agricultural Finance Authority (was, 10 members). Specifies the appointing authorities and the number of appointments allocated to each. Makes conforming changes.
Limits the U.S.S. North Carolina Battleship Commission to 12 members. Requires the Governor to eliminate six of the Governor’s appointments to the Commission by August 1, 2012.
Limits the NC Child Care Commission to 15 members. Requires the Governor to eliminate two appointments by August 1, 2012.
Amends GS 113A-104 to provide that the NC Coastal Resources Commission is to consist of nine (was, 15) members appointed by the Governor. Provides that the chair is to be designated by members of the Commission (was, designated by the Governor). Makes adjustments to the number of appointments by the Governor. Makes conforming changes.
Amends GS 143B-394.15, reducing the members of the Domestic Violence Commission (DVC) to 20 (was, 39). Eliminates nine of 12 ex-officio members of the DVC. Makes adjustments to the number of appointments by each appointing authority and to term lengths.
Amends GS 143B-166 to provide that the NC Medical Care Commission consists of 11 members (was, 17). Makes conforming changes.
Amends GS 143B-148 to reduce the members of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services to 19 (was, 32). Retains the eight appointments by the General Assembly but decreases the number of appointments by the Governor to 11 (was, 24). Makes additional adjustments to the selection of appointees.
Amends GS 143B-168.12 to provide that the Board of Directors for the North Carolina Partnership is to consist of 20 members (was, 26). Designates that the Board members appoint the Board Chair (was, appointed by the Governor). Reduces the number of members appointed by the Governor to six (was, 12). Makes conforming changes.
Amends GS 130A-30, reducing the members of the Commission for Public Health to 11 (was, 13). Reduces the number of members appointed by the Governor to seven (was, nine).
Amends GS 116-37.1 to provide that the Board of Trustees of the University of North Carolina Center for Public Television have four members (was, 11) appointed by the Board of Governors and two members (was, four) appointed by the Governor.
Amends GS 143B-154 to provide that the Social Services Commission of the Department of Health and Human Services is to consist of nine members appointed by the Governor (was, one member from each state congressional district). Makes conforming changes.
Amends GS 115C-87, effective July 1, 2012, to reduce from 23 to 16 the number of members on the NC Textbook Commission, and makes adjustments to the appointments.
Amends GS 143-717 to reduce from 18 to 13 the number of members on the Tobacco Trust Fund Commission, and makes adjustments to the number of appointments made by each appointing authority and to the quorum. Details the staggered terms.
Amends GS 90-470 to reduce from 18 to 11 the number of members on the NC Institute of Medicine, and specifies the number of appointments for each appointing authority.
Amends GS 143B-394 to reduce from 20 to 11 the number of members on the NC Council for Women in the Department of Administration, and makes adjustments to the number of appointments made by each appointing authority.
Amends GS 143B-438.10 to reduce from 38 to 18 the number of members on the Commission on Workforce Development, and makes adjustments to the number of appointments made the Governor.
Amends GS 143B-283 to reduce from 13 to 7 to number of members on the Environmental Management Commission appointed by the Governor, and makes adjustments to the appointments made by the Governor. Makes technical changes to and amends chair appointment in GS 143B-284.
Unless otherwise indicated, makes the modifications to boards and commissions effective July 1, 2012. Directs appointing authorities to determine, by August 1, 2012, which terms to eliminate to comply with this act, if the eliminated term is not set out.
PART III. MISCELLANEOUS AND CONFORMING CHANGES
Repeals Section 1.16 of SL 2011-176 and Section 3.6 of 2011-406 (made a specific appointment to the e-NC Authority).
Amends GS 130A-440.1 (early childhood vision care) to delete requirement that school send parents information about funds from the Governor’s Commission on Early Childhood Vision Care.
Makes a conforming change to GS 58-50-180 (concerning Employee Hospital and Medical Benefits Committee).
Makes clarifying changes to several provisions in Article 9 (NC Cemetery Act) of GS Chapter 65, regarding the Cemetery Commission. Clarifies that hearings are held in accordance with Article 3A of the Administrative Procedure Act, and sets out the procedure to apply for injunctive relief. Adds two powers, related to dealing with real property and purchasing supplies and equipment, to the list of the Cemetery Commission’s powers. Enacts new GS 65-53.1 to appoint inspectors of the Cemetery Commission, who will determine whether businesses and licensees are in compliance. Enacts new GS 65-54.1 to add a confidentiality provision. Amends GS 143B-433(1) to remove the Cemetery Commission as an entity included in the Department of Commerce. Makes conforming changes.
Amends GS 140-5.15 to direct the five-member Director’s Committee (rather than the Secretary of Cultural Resources) to appoint the Director of the NC Museum of Art; authorizes the same committee, with members as indicated, to dismiss the Director. Makes conforming changes.
Amends GS 89F-25 to prohibit examination fees imposed by the Licensing Board for Soil Scientists from exceeding the national exam fee. Makes conforming changes.
Amends GS 87-39(a) to increase from seven to eight the number of members on the State Board of Examiners of Electrical Contractors, with appointments as specified.
Enacts new GS 90-210.25B, prohibiting the Board of Funeral Service from issuing or renewing any license to a person or entity who has been convicted of a sexual offense against a minor, as detailed.
Amends GS 90-186(6) to increase ten, listed fees imposed by the Veterinary Medical Board.
Amends GS 77-92 to clarify the appointing authority for members to the Roanoke River Basin Bi-State Commission. Makes conforming changes.
S 875 (2011-2012) LME GOVERNANCE. Filed May 23 2012, TO MAKE CHANGES IN GOVERNANCE OF LOCAL MANAGEMENT ENTITIES WITH RESPECT TO THE IMPLEMENTATION OF STATEWIDE EXPANSION OF THE 1915(B)/(C) MEDICAID WAIVER, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.
Identical to H 1075, filed 5/22/12.
Amends GS 122C-115(a) (concerning duties of counties) to clarify that a county must provide mental health, developmental disabilities, and substance abuse services through an area authority or county program in accordance with statute and with statewide reform of services delivery under a 1915(b)/(c) Medicaid Waiver. Amends GS 122C-116(a) to remove condition that a single county area authority is a department of the county in which the authority is located. Rewrites GS 122C-118.1 (structure of area authority boards) to provide that an area board must have between 11 and 21 voting members (rather than 11 to 25, and up to 30 in certain multicounty authorities) appointed by the board or boards of county commissioners. Modifies the qualifications for board members and requires members to live in the catchment area. Directs all area boards to meet the revised requirements by July 1, 2013. Makes clarifying changes to GS 122C-119.1, requiring annual training for board members, and directs the NC Department of Health and Human Services (DHHS), the UNC School of Government, and local management entities (LMEs) to develop the training course.
Provides that no member on the Consumer and Family Advisory Committees may serve more than three (rather than two) consecutive terms under GS 122C-170(b). Authorizes area authorities to add one or more counties to their catchment area if a majority of the existing member counties agree.
Prohibits DHHS from approving a county's request to withdraw from a multicounty area authority operating under a 1915(b)/(c) Medicaid waiver, beginning July 1, 2012, and extending for two years. Requires a process for county disengagement, as detailed, by January 1, 2014. Makes a conforming change to GS 122C-112.1 (duties of Secretary).
Amends GS 122C-147(c) (concerning area authority property) to provide that the area authority (rather than the county) has title to real property purchased for the authority's use. Amends GS 122C-117 (powers and duties of area authority) to grant authorities the power to borrow money with approval of the Local Government Commission and removes approval requirement for the director appointment. Also modifies the delivery procedure for the authority's quarterly report. Amends GS 122C-115.2, allowing the Secretary to waive any provisions of the LME business plan requirements that are inconsistent with contracts between DHHS and the area authority. Enacts new GS 122C-126.1 to provide that all competitive health information is confidential and not a public record, with the exception of contracts of area authorities. Sets out the procedure for area authorities to follow after a request for disclosure.
Amends GS 122C-121(a1) to allow the area director a salary in excess of the salary ranges established by the State Personnel Commission. Makes conforming changes to GS 126-5(a) and GS 122C-154 (allowing area authority employees a higher salary).
Amends GS 153A-76 to prohibit a board of county commissioners from consolidating an area board into a consolidated human services board or from abolishing an area board. Makes conforming changes to GS 153A-77 and removes the limitation to counties with populations over 425,000.
Repeals GS 122C-122 (public guardians) and directs any successor guardian to try to continue existing contracts if in the best interest of the incompetent person. Amends GS 35A-1213 (qualifications of guardians for incompetent persons) to add that individuals contracting to provide services to LMEs may not serve as guardians for individuals receiving those services. Makes a clarifying change, and modifies the definition of disinterested public agent in GS 35A-1202. Makes clarifying changes to GS 35A-1292 (resignation of guardian).
S 877 (2011-2012) ACCOUNTABILITY FOR TAXPAYER INVESTMENT ACT. Filed May 23 2012, TO REQUIRE STATE AGENCIES AND CERTAIN NON-STATE ENTITIES TO DEVELOP, IMPLEMENT, AND MAINTAIN INFORMATION SYSTEMS THAT PROVIDE UNIFORM, PROGRAM-LEVEL ACCOUNTABILITY INFORMATION REGARDING THE PROGRAMS OPERATED BY THOSE AGENCIES, AS RECOMMENDED BY THE LRC COMMITTEE ON EFFICIENCIES IN STATE GOVERNMENT.
Identical to H 1030, filed 5/21/12.
Enacts new Article 2E, Accountability for Taxpayer Investment Act, to GS Chapter 143 to require uniform, program-level accountability information in state government. Article 2E applies to any state agency in the executive branch, and to any non-state entity that receives state funds. Defines non-state entity as any of the following non-state agencies that is discretely presented as a component unit in the State Comprehensive Annual Financial Report by the Governmental Accounting Standards Board: an individual, firm, partnership, association, corporation, or any other organization or group acting as a unit. Includes additional definitions applicable to Article 2E.
Effective July 1, 2012, creates the Taxpayer Investment Accountability Board (Board), with six specified members. Details meeting requirements, administration criteria, and Board responsibilities including the publication of an annual report.
Directs each state agency, and each non-state entity receiving state funds, to establish, implement, and maintain a system to provide uniform, program-level accountability information that accurately conveys the mission, responsibilities, and activities of the state agency or entity and any other information required by the Board. Requires the system to comply with Board guidelines, be updated on a timely basis, and be accessible to NC citizens. Lists items to be included in the information system, including performance measures for each program, revenues by source and expenditures by purchasing category, and a listing of all employees.
Requires each agency or non-state entity to file annual certificates of compliance, with the first certificate due June 30, 2014. Requires internal auditors in applicable state agencies to conduct annual compliance audits and submit audit reports to the State Auditor and State Controller by April 1, 2014, and annually thereafter. Authorizes the State Auditor to verify compliance on an annual basis.
Permits any person to institute a suit in superior court requesting a judgment that the state agency or non-state entity failed to comply with Article 2E, and grants specific performance. Sets forth additional provisions related to actions for noncompliance. Directs the Office of State Personnel to adopt rules for the organization charts and manager-to-employee ratios, and to provide templates and technical assistance. Also directs the Office of State Budget and Management and the Office of Information Technology to provide technical assistance and software as required.
Makes a conforming change to GS 150B-1(c), exempting the Board from the Administrative Procedure Act.
Directs each state agency or non-state entity subject to proposed Article 2E to bring its current information system into compliance and to use existing resources to do so.
Effective July 1, 2013, unless otherwise provided.
S 878 (2011-2012) SMARTER GOV/BUSINESS INTELLIGENCE INITIATIVE. Filed May 23 2012, TO ESTABLISH ENTERPRISE-WIDE BUSINESS INTELLIGENCE AS A KEY COMPONENT OF ALL STATE GOVERNMENTAL OPERATIONS IN ORDER TO MAXIMIZE DATA INTEGRATION AND ANALYTICS, THEREBY YIELDING MORE EFFICIENT GOVERNMENT AND ADVANCING INNOVATION IN NORTH CAROLINA, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION STUDY COMMITTEE ON EFFICIENCIES IN STATE GOVERNMENT.
Identical to H 1031, filed 5/21/12.
Provides that the purpose of this legislation is to implement an enterprise-level data integration and analytics initiative (Initiative) across state government. Specifies that the Initiative is not intended to replace transactional systems. Directs that the coordination of the Initiative be led by representatives for each of the three branches of government: (1) the State Controller for the executive branch, (2) the Chief Justice for the judicial branch, and (3) the Legislative Services Commission for the legislative branch. Provides that the State Controller is to serve as the principal coordinating officer responsible for the Initiative. Provides additional guidelines regarding the leadership of the Initiative.
Establishes the Government Business Intelligence Competency (GBICC) in the Office of the State Controller (OSC). Directs that the GBICC assume the work, purposes, and resources of the current data integration effort in the OSC and authorizes the State Controller to make any organizational changes necessary to maximize the efficiency and effectiveness of the GBICC.
Directs the State Controller and GBICC to coordinate data requirements and usage for business intelligence applications across state government. Provides criteria governing the coordination process. Specifies actions to be taken by the GBICC.
Directs the head of each state agency, department, institution, and every political subdivision of the state; the Board of Trustees of the University of North Carolina; the Community Colleges System office; and local boards of education to engage in mandatory data sharing with the State Controller. Provides procedural requirements upon failure of any entity to submit requested information to the State Controller.
Includes provisions regarding sensitive data/ security and maintaining confidentiality requirements. Provides that data not classified as a public record under GS 132-1 is not deemed a public record when incorporated into the data resources comprising the state's business intelligence initiative. Makes a conforming change to GS 75-66(d) (regarding publication of personal information).
Authorizes the State Controller to release information gathered by the OSC and GBICC that is related to the business intelligence initiative, notwithstanding the provisions of the Public Records Act, to release information if the State Controller finds that such a release is in the best interest of the general public and not in violation of law or contract.
Divides the state government business intelligence initiative into three phases and specifies activities, goals, and objectives to be achieved in each phase.
Repeals Section 6A.20(b) of SL 2011-145, which pertains to the creation of the Data Integration Steering Committee (Committee). Directs that the purposes, duties, and resources of the Committee are to be assumed by the GBICC and that the Committee is to be created in the OSC and chaired by the State Controller. Provides criteria for appointing the voting members of the Committee, for the appointing of non-voting members serving in an advisory capacity, and for the filling of vacancies. Enumerates the duties and responsibilities of the Committee.
Directs the State Controller to submit a detailed progress report to the Joint Legislative Committee on Information Technology by September 1, 2012, and quarterly thereafter.
Appropriates an unspecified amount of dollars from the General Fund to the Office of the State Controller for the 2012-13 fiscal year and an unspecified amount of dollars from the Highway Fund to the Office of the State Controller for the 2012-13 fiscal year to fund the business intelligence initiative.
Effective July 1, 2012.
S 879 (2011-2012) ESTABLISH EFFICIENCY & COST-SAVINGS COMMN Filed May 23 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.
Identical to H 1042, filed 5/22/12.
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 Hise, Soucek. | STUDY |
S 880 (2011-2012) DEPT. OF PUBLIC SAFETY/TECH & OTHER CHANGES. Filed May 23 2012, TO MAKE TECHNICAL AND OTHER CHANGES TO THE GENERAL STATUTES REGARDING THE DEPARTMENT OF PUBLIC SAFETY AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.
Amends GS 14-202(m) to provide that certain subsections of the statute do not apply to the personnel of the Division of Juvenile Justice (Division) of the Department of Public Safety (DPS). Amends GS 15-203, stating the Secretary of Public Safety (Secretary) has the sole discretion to establish minimum experience requirements for probation officers. Amends GS 18B-500(a) to authorize appointment of regular DPS employees as alcohol law-enforcement agents. Adds new subsection (g) to GS 18B-500, permitting the transfer or consolidation of alcohol law-enforcement agents for special purposes. Amends GS 20-79.5(a) to eliminate two of the three numerically designated vehicle plates of the Secretary. Amends GS 114-19.6(a)(1) (concerning criminal history record checks) to expand the definition of covered person to include independent contractors and their employees and Division volunteers.
Adds new subsection (e) to GS 120C-500, directing the Secretary to designate between one and five liaison personnel as lobbyists for DPS. Makes certain adjustments to the Governor’s power to exempt managerial and policymaking positions at DPS in GS 126-5(d)(1). Amends GS 143B-600(a) to expand the responsibilities of the head of the Division of Adult Correction (Division) and to remove the Criminal Justice Partnership Program from the Grants Management Section. Amends GS 143B-704, directing the Division to establish an alcoholism and chemical dependency treatment program as specified; deletes references to the Substance Abuse Program and makes conforming changes to GS 143B-705. Amends GS 143B-710 to specify that the Secretary must appoint a chief deputy secretary to head the Division (the Secretary is the current head), and makes conforming changes to GS 143B-806, directing appointment of chief deputy secretary to head the Division of Juvenile Justice. Specifies that the Division of Juvenile Justice, rather than the Office of Juvenile Justice, must develop and implement a juvenile delinquency and substance abuse prevention plan under GS 143B-840(a). Repeals Section 19.1(hhh2) of the Appropriations Act of 2011, which directed DPS to create regional offices in the Division of Law Enforcement.
Makes additional technical and clarifying changes to various provisions related to DPS.
S 881 (2011-2012) TRANSFER EVIDENCE WAREHOUSE TO DPS. Filed May 23 2012, TO TRANSFER THE WAREHOUSE FORMERLY OPERATED BY THE LAW ENFORCEMENT SUPPORT SERVICES DIVISION AND ITS CONTENTS FROM THE DEPARTMENT OF JUSTICE TO THE DEPARTMENT OF PUBLIC SAFETY AND TO ASSIGN THE RESPONSIBILITIES FOR THE STORAGE AND MANAGEMENT OF EVIDENCE HOUSED IN THE WAREHOUSE TO THE DEPARTMENT OF PUBLIC SAFETY, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.
Identical to H 968, filed 5/16/12.
As title indicates. Designates the reassigned warehouse "Victim Services Warehouse." Repeals Section 19.1.(cc) (transferring the warehouse to the Department of Justice) of the Appropriations Act of 2011. Makes conforming changes to GS 143B-600(a)(7) and GS 143B-601, which outline the organization and duties of the Department of Public Safety.
| Intro. by Goolsby. | GS 143B |
S 882 (2011-2012) HONOR VETERANS. Filed May 23 2012, EXPRESSING GRATITUDE TO THE MEMBERS OF THE MILITARY FOR THEIR SERVICE AND HONORING THE MEMORY OF THOSE KILLED IN THE LINE OF DUTY.
Identical to H 1033, filed 5/21/12.
As the title indicates.
| Intro. by Goolsby, Mansfield, Apodaca. | JOINT RES |
S 886 (2011-2012) STRENGTHEN BD. OF TRANS. ETHICS POLICY. Filed May 23 2012, TO CODIFY THE PROVISIONS OF EXECUTIVE ORDER NO. 2 THAT STRENGTHEN THE BOARD OF TRANSPORTATION ETHICS POLICY, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Enacts new subsection (o) to GS 143B-350 to require each Board of Transportation member to sign a sworn statement that he or she will follow the disclosure, ethics, and education requirements of GS 143B-350 and in the State Government Ethics Act, as detailed.
| Intro. by Harrington, Rabon. | GS 143 |
S 887 (2011-2012) STRENGTHEN BD. OF TRANS. ETHICS POLICY. Filed May 23 2012, TO CODIFY THE PROVISIONS OF EXECUTIVE ORDER NO. 2 THAT STRENGTHEN THE BOARD OF TRANSPORTATION ETHICS POLICY, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Identical to S 886, filed 5/23/12.
Enacts new subsection (o) to GS 143B-350 to require each Board of Transportation member to sign a sworn statement that he or she will follow the disclosure, ethics, and education requirements of GS 143B-350 and in the State Government Ethics Act, as detailed.
| Intro. by Rabon, Harrington. | GS 143B |
S 888 (2011-2012) ETHICS REQUIREMENTS FOR MPOS/RPOS. Filed May 23 2012, TO PROVIDE THAT METROPOLITAN PLANNING ORGANIZATIONS AND RURAL TRANSPORTATION PLANNING ORGANIZATIONS ARE SUBJECT TO THE STATE GOVERNMENT ETHICS ACT, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Amends GS 136-202 and GS 136-211 to provide as title indicates. Effective January 1, 2013.
| Intro. by Rabon, Harrington. | GS 136 |
S 889 (2011-2012) RPO AREA DEFINITION. Filed May 23 2012, TO CHANGE THE DEFINITION ON AN AREA THAT CAN BE REPRESENTED BY A RURAL PLANNING ORGANIZATION, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Amends GS 136-211(b) to provide that Rural Transportation Planning Organizations will include representatives from contiguous areas in three to fifteen counties, or a total population (previously, from contiguous areas in three to fifteen counties, with a total population) of the entire area represented of at least 50,000 persons. Makes a technical change.
| Intro. by Rabon, Harrington. | GS 136 |
S 890 (2011-2012) TRANSPORTATION REFORM/CODIFY EXECUTIVE ORDER (NEW). Filed May 23 2012, TO CODIFY THE PROVISIONS OF EXECUTIVE ORDER NO. 2 THAT DELEGATE TO THE SECRETARY OF TRANSPORTATION THE AUTHORITY TO APPROVE HIGHWAY CONSTRUCTION PROJECTS AND CONSTRUCTION PLANS, AND TO AWARD HIGHWAY CONSTRUCTION CONTRACTS, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Amends GS 143B-350(g) as title indicates.
| Intro. by Rabon, Harrington. | GS 143B |
S 891 (2011-2012) UPDATE CH. 136 WITH TERM "CHIEF ENGINEER." Filed May 23 2012, TO UPDATE CHAPTER 136 OF THE GENERAL STATUES WITH THE TERM "CHIEF ENGINEER," WHICH REPLACES THE TERM "STATE HIGHWAY ADMINISTRATOR," AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Identical to H 1080, filed 5/22/12.
As title indicates.
| Intro. by Rabon. | GS 136 |
S 892 (2011-2012) REQUIRE DOT STRATEGIC PRIORITIZATION PROCESS. Filed May 23 2012, CODIFY THE PROVISIONS OF EXECUTIVE ORDER NO. 2 THAT REQUIRE THE DEPARTMENT OF TRANSPORTATION TO DEVELOP AND UTILIZE A STRATEGIC PRIORITIZATION PROCESS FOR SELECTION OF TRANSPORTATION PROJECTS, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Amends GS 136-18 by adding a new subdivision (42) as the title indicates. Also requires a process for standardizing or approving local methods used in metropolitan planning organization and rural transportation planning organization prioritization.
| Intro. by Rabon, Harrington. | GS 136 |
S 893 (2011-2012) PRIVACY OF TURNPIKE AUTHORITY TOLL DATA. Filed May 23 2012, TO ENSURE THE PRIVACY OF TOLL DATA COLLECTED BY THE DEPARTMENT OF TRANSPORTATION THROUGH THE NORTH CAROLINA TURNPIKE AUTHORITY, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Identical to H 1078, filed 5/22/12.
Amends GS 136-89.213 to require the Turnpike Authority (Authority) to keep all information related to electronic toll collection confidential. Allows an account holder to examine his own information and allows the Authority to use the account information in order to collect and enforce tolls. Also allows a party with a court order to examine confidential information.
| Intro. by Rabon. | GS 136 |
S 894 (2011-2012) EXEMPT CERTAIN DRUGS FOR ANIMALS. Filed May 23 2012, TO EXEMPT FROM SALES TAX THE SALE OF MEDICINE AND DEVICES SOLD ON PRESCRIPTION BY VETERINARIANS FOR THE TREATMENT OF ANIMALS.
Adds a definition for medicine, which includes vaccines, vitamins, ointments, and other medications with preventive and curative properties in the prevention, treatment, and cure of disease in animals, to GS 105-164.3. Amends GS 105-164.13 to exempt prescription medicine and devices, as defined, from sales and use tax. Applies to sales made on or after July 1, 2012.
| Intro. by Rabon, Kinnaird. | GS 105 |
S 895 (2011-2012) DOT DIVISION OF MOTOR VEHICLES LEG. REQUESTS. Filed May 23 2012, TO AMEND STATUTES RELATED TO MOTORCYCLE LICENSES, TO ELIMINATE A REQUIREMENT TO LIST RACE ON DRIVERS LICENSES, AND TO DELAY THE IMPLEMENTATION OF TWO CHANGES TO DRIVERS LICENSES PENDING AN INFORMATION TECHNOLOGY SYSTEM UPGRADE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Identical to H 1079, filed 5/22/12.
Amends GS 20-7 to modify the requirements for a motorcycle endorsement, currently differentiated by age, and instead requires all persons to (1) pass a knowledge (was, written or oral) test on motorcycles and (2) pass a road test or provide proof of successful completion of a specified safety course. Removes the Motorcycle Safety Foundation Basic Rider Course or Experienced Rider Course from the list of safety courses. Makes conforming changes to the provision governing motorcycle learner's permits. Amends GS 20-7(n) (driver's license format) to remove requirement that license include applicant's race. Effective July 1, 2012.
Amends SL 2011-35 (requirement to include military veteran status on licenses) and SL 2011-228 (requirement that commercial license and hazardous materials endorsement expire at the same time) to delay the effective date for those requirements until the later of (1) January 1, 2013, or (2) the first day of the month 30 days after the Commissioner of Motor Vehicles certifies that the Division of Motor Vehicles completed the implementation of the Next Generation Secure Driver License System.
| Intro. by Rabon. | GS 20 |
The Daily Bulletin: 2012-05-23
LOCAL/HOUSE BILLS
H 1082 (2011-2012) NAGS HEAD CONVEYANCE. Filed May 22 2012, TO ALLOW THE TOWN OF NAGS HEAD TO LEASE OUT PROPERTY FOR A LICENSED NURSING HOME FOR UP TO FORTY YEARS WITHOUT TREATING IT AS A SALE.
As title indicates.
| Intro. by Spear. | Dare |
H 1086 (2011-2012) CLAY COUNTY COURTHOUSE. Filed May 23 2012, TO EXEMPT CLAY COUNTY FROM CERTAIN STATUTORY REQUIREMENTS IN THE RENOVATION AND RESTORATION OF ITS OLD COURTHOUSE BUILDING TO BE LEASED AND/OR USED AS A MULTIPURPOSE FACILITY.
Identical to S 818, filed 5/17/12.
Exempts Clay County from the requirements of GS 143-128, 143-129, 143-131, and 143-132 as the title indicates. Expires June 30, 2015.
| Intro. by West. | Clay |
H 1087 (2011-2012) FONTANA DAM OCCUPANCY TAX. Filed May 23 2012, AUTHORIZE THE TOWN OF FONTANA DAM TO LEVY AN OCCUPANCY TAX.
Authorizes the Fontana Dam Town Council to levy an additional room occupancy tax of up to 3%. Provides that both the existing and additional tax must be levied, administered, collected, and repealed as provided in GS 160A-215 (Uniform provisions for room occupancy taxes). Requires the Fontana Dam Tourism Development Authority (TDA) to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism (primarily marketing activity) in the city and the remainder for other tourism–related expenditures (may include tourism-related capital expenditures). Mandates that at least one-third of the TDA’s members must be affiliated with businesses that collect the tax in the city and at least one-half must be currently active in the city’s travel and tourism promotion. Makes other conforming changes.
| Intro. by West. | Graham |
H 1088 (2011-2012) GRAHAM/SWAIN TVA ALLOCATION/BORDER. Filed May 23 2012, CONCERNING THE DIVISION BETWEEN GRAHAM AND SWAIN COUNTIES OF TVA PAYMENTS IN LIEU OF TAXES, AND CLARIFYING THE COMMON BOUNDARY BETWEEN THOSE COUNTIES.
As title indicates. Amends GS 105-458 to detail the apportionment of Tennessee Valley Authority payments between Graham County and Swain County. Designates the boundary line between the counties. Effective June 1, 2012.
H 1090 (2011-2012) ORANGE-ALAMANCE REMAINING 9% BOUNDARY. Filed May 23 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.
Identical to S 873, filed 5/22/12.
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.
H 1091 (2011-2012) ORANGE GRANTS FOR BROADBAND. Filed May 23 2012, TO AUTHORIZE ORANGE COUNTY TO PROVIDE GRANTS TO PROMOTE BROADBAND IN UNSERVED AREAS FOR ECONOMIC DEVELOPMENT IN THE COUNTY.
Identical to S 872, filed 5/22/12.
As title indicates.
| Intro. by Insko, Hackney. | Orange |
H 1106 (2011-2012) APEX ANNEXATION. Filed May 23 2012, TO ANNEX CERTAIN DESCRIBED TERRITORY TO THE CORPORATE LIMITS OF THE TOWN OF APEX.
As title indicates. Describes the territory to be annexed by metes and bounds.
| Intro. by Murry, Dollar, Stam. | Wake |
H 1107 (2011-2012) GRANVILLE COUNTY ABC PROFITS DISTRIBUTION MOD. Filed May 23 2012, AMENDING THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL PROFITS IN GRANVILLE COUNTY.
Rewrites SL 1963-364, as amended, as title indicates. Adds Butner to the list of towns receiving a percentage of the profits.
| Intro. by Crawford. | Granville |
H 1108 (2011-2012) BUTNER PUBLIC SAFETY AUTHORITY CHANGES. Filed May 23 2012, TO MAKE MODIFICATIONS TO THE BUTNER PUBLIC SAFETY AUTHORITY.
Amends GS 122C-408 to clarify that the Butner Public Safety Authority (Authority) provides fire and police protection for the Camp Butner Reservation and Butner. Authorizes (rather than requires) the Authority to contract with the Secretary of Public Safety to provide fire and police protection on terms agreed to by the parties. Makes technical changes.
| Intro. by Crawford. | Granville |
H 1109 (2011-2012) DARE CAMA SETBACK REQ'TS/GRANDFATHER. Filed May 23 2012, TO PROTECT THE PROPERTY RIGHTS OF HOMEOWNERS BY REQUIRING THAT DEVELOPMENT PERMITS ISSUED TO REPAIR OR RECONSTRUCT SINGLE-FAMILY AND DUPLEX RESIDENTIAL DWELLINGS IN DARE COUNTY GREATER THAN FIVE THOUSAND SQUARE FEET AND CONSTRUCTED PRIOR TO AUGUST 11, 2009, SHALL INCLUDE A MINIMUM SETBACK OF SIXTY FEET OR THIRTY TIMES THE SHORELINE EROSION RATE, WHICHEVER IS GREATER.
As title indicates. Prohibits the Coastal Resources Commission from denying a development permit to such a structure that does not meet the specified oceanfront setback, if the structure does meet the listed criteria.
| Intro. by Spear. | Dare |
H 1110 (2011-2012) MATTHEWS/STALLINGS BOUNDARY ADJUSTMENT. Filed May 23 2012, TO REMOVE CERTAIN DESCRIBED PROPERTIES FROM THE CORPORATE LIMITS OF THE TOWN OF MATTHEWS AND ANNEX IT TO THE TOWN OF STALLINGS, BOTH AT THE REQUEST OF THE RESPECTIVE TOWN GOVERNING BOARDS.
Removes five parcels on Community Park Drive and the right-of-way adjacent to these parcels from the corporate limits of the Town of Matthews and adds these parcels and right-of-way to the corporate limits of the Town of Stallings. Provides that the act does not affect outstanding liens for ad valorem or special assessments levied by the Town of Matthews prior to the effective date of the act. Effective June 30, 2012.
| Intro. by Horn, Brawley, Cotham, and McGuirt. | Mecklenburg |
H 1115 (2011-2012) WAKE TOWNS LOCAL GOV'MT INFO/MINORS Filed May 23 2012, AS TO THE TOWNS OF CARY, KNIGHTDALE, MORRISVILLE, ROLESVILLE, WAKE FOREST, AND ZEBULON TO BROADEN THE EXCEPTION TO THE PUBLIC RECORDS ACT FOR IDENTIFYING INFORMATION OF MINORS PARTICIPATING IN LOCAL GOVERNMENT PARKS AND RECREATION PROGRAMS TO INCLUDE ALL LOCAL GOVERNMENT PROGRAMS, AND ALSO TO PROTECT E-MAIL ADDRESSES OF MINORS IN SUCH PROGRAMS.
Amends GS 132-1.12(a) to provide as title indicates.
| Intro. by Murry, Dollar. | Wake |
H 1121 (2011-2012) MECKLENBURG ABC STORES LABOR DAY 2012. Filed May 23 2012, TO ALLOW ABC STORES IN MECKLENBURG COUNTY TO BE OPEN ON LABOR DAY IN 2012.
As title indicates. Expires October 1, 2012.
| Intro. by Samuelson, Carney, Brawley, Earle. | Mecklenburg |
H 1122 (2011-2012) MARTIN COUNTY FIRE DISTRICTS Filed May 23 2012, TO VALIDATE CERTAIN LEVIES AND COLLECTION OF FIRE DISTRICT TAXES IN MARTIN COUNTY AND TO ALLOW MARTIN COUNTY TO ABOLISH BY RESOLUTION ITS CHAPTER 69 FIRE PROTECTION DISTRICTS UPON ESTABLISHMENT OF FIRE PROTECTION SERVICE DISTRICTS UNDER CHAPTER 153A OF THE GENERAL STATUTES.
Identical to S 883, filed 5/23/12.
As title indicates.
| Intro. by E. Warren, Tolson. | Martin |
H 1123 (2011-2012) DURHAM COUNTY MEMORIAL STADIUM. Filed May 23 2012, AMENDING THE ACT AUTHORIZING THE APPOINTMENT OF AN AUTHORITY TO CONTROL THE MANAGEMENT OF A MEMORIAL STADIUM TO BE ERECTED BY DURHAM COUNTY, TO INCREASE ITS MEMBERSHIP, AND TO AMEND ITS TERM LIMITS.
Amends SL 1957-734, as title indicates, to increase to seven the number of members on the Memorial Stadium Authority, as detailed, and to modify term limits. Makes other clarifying changes.
| Intro. by Michaux, Luebke, Hall, Wilkins. | Durham |
The Daily Bulletin: 2012-05-23
LOCAL/SENATE BILLS
S 876 (2011-2012) MOORESVILLE DEANNEXATION. Filed May 23 2012, TO REMOVE A CERTAIN DESCRIBED TRACT FROM THE CORPORATE LIMITS OF THE TOWN OF MOORESVILLE AT THE REQUEST OF THE TOWN BOARD OF COMMISSIONERS.
Removes described parcels from Mooresville’s corporate limits. Effective June 30, 2012.
| Intro. by Carney. | Iredell |
S 883 (2011-2012) MARTIN COUNTY FIRE DISTRICTS. Filed May 23 2012, TO VALIDATE CERTAIN LEVIES AND COLLECTION OF FIRE DISTRICT TAXES IN MARTIN COUNTY AND TO ALLOW MARTIN COUNTY TO ABOLISH BY RESOLUTION ITS CHAPTER 69 FIRE PROTECTION DISTRICTS UPON ESTABLISHMENT OF FIRE PROTECTION SERVICE DISTRICTS UNDER CHAPTER 153A OF THE GENERAL STATUTES.
As title indicates
| Intro. by Jenkins. | Martin |
S 884 (2011-2012) WAKE TECH BOARD OF TRUSTEES. Filed May 23 2012, TO ALLOW PERSONS WHO WORK IN WAKE COUNTY TO BE ELIGIBLE FOR MEMBERSHIP ON THE BOARD OF TRUSTEES OF WAKE TECHNICAL COMMUNITY COLLEGE.
Identical to H 987, filed 5/16/12.
Amends GS 115D-12(b) to provide as title indicates.
| Intro. by Hunt. | Wake |
S 885 (2011-2012) CLEVELAND AND RUTHERFORD LOCAL ACT Filed May 23 2012, RELATING TO CLEVELAND AND RUTHERFORD COUNTIES.
Blank bill.
| Intro. by Westmoreland. | Cleveland, Rutherford |
ACTIONS ON BILLS
Actions on Bills: 2012-05-23
PUBLIC BILLS
H 54: HABITUAL MISDEMEANOR LARCENY.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Appropriations/Base Budget
H 177: CLEAN ENERGY TRANSPORTATION ACT (NEW).
Senate: Withdrawn From Com
Senate: Re-ref Com On Commerce
H 345: MODIFY MOVE OVER LAW.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
H 423: CH. PROTECT. SERV./CH. CARE SUB./RENT EXEMPT (NEW).
Senate: Withdrawn From Com
Senate: Re-ref Com On Mental Health & Youth Services
H 803: ALLOW COURT TO ASSESS ATTY FEES/50C ORDERS.
Senate: Passed 2nd & 3rd Reading
H 925: ANNEXATION REFORM 2 (NEW).
House: Rec To Concur S Com Sub
House: Com Sub Ruled Material
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 5/24/2012
H 941: PSEUDOEPHEDRINE AMOUNT CLARIFICATIONS.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 5/24/2012
H 947: EUGENICS COMPENSATION PROGRAM.
House: Reptd Fav
House: Re-ref Com On Finance
H 965: BROADEN SUCCESSFUL AP PARTICIPATION.
House: Reptd Fav Com Substitute
House: Re-ref Com On Appropriations Subcommittee on Education
H 966: TEACHER PREPAYMENT & SALARY/PRE-K ELIGIBILITY (NEW).
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 5/24/2012
H 970: HONOR UNC-P'S ANNIVERSARY.
House: Adopted
H 1015: ECONOMIC DEVPT. & FINANCE CHANGES (NEW).
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 5/24/2012
H 1028: APPRAISAL MGMT CO REPORTED TO DEPT OF REVENUE.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 5/24/2012
H 1033: HONOR VETERANS.
House: Passed 2nd & 3rd Reading
Senate: Rec From House
Senate: Placed On Cal For 5/23/2012
Senate: Passed 2nd & 3rd Reading
H 1034: CONFIRM TAMARA NANCE TO INDUSTRIAL COMM.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
H 1035: LICENSE PLATE BACKGROUND.
House: Passed 1st Reading
House: Ref To Com On Transportation
H 1036: DOT/DENR STUDY EXPEDITE WATER QUALITY REG.
House: Passed 1st Reading
House: Ref To Com On Transportation
H 1037: INTEREST RATE ON DOT CONDEMNATION DEPOSITS.
House: Passed 1st Reading
House: Ref To Com On Transportation
H 1038: AMEND HOV LANE EXEMPTIONS/ALT FUEL VEHICLES.
House: Passed 1st Reading
House: Ref To Com On Transportation
H 1039: ESTABLISH ALTERNATIVE FUELS STUDY COMMISSION.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
H 1040: NCSU & UNC-C/ALT FUELS RESEARCH FUNDS.
House: Passed 1st Reading
House: Ref To Com On Appropriations Subcommittee on Education
H 1042: ESTABLISH EFFICIENCY & COST-SAVINGS COMMN.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
H 1043: ETJ RESTRICTION.
House: Passed 1st Reading
House: Ref to the Com on Government, if favorable, Finance
H 1044: MOTORCYCLE INSURANCE DISCOUNT/MILITARY.
House: Passed 1st Reading
House: Ref To Com On Insurance
H 1045: SALARY INCREASE FOR SCHOOL EMPLOYEES.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1046: FUNDS FOR STUDENT 2 STUDENT INITIATIVE.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1047: RESTORE FUNDS FOR MILITARY BUSINESS CENTER.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1048: INCAPACITY TO PROCEED AMENDMENTS.
House: Passed 1st Reading
House: Ref To Com On Judiciary Subcommittee A
H 1052: MECHANICS LIENS/PAYMENT BOND REFORMS.
House: Passed 1st Reading
House: Ref To Com On Judiciary Subcommittee B
H 1053: IMPROVE PROPERTY INSURANCE RATE MAKING.
House: Passed 1st Reading
House: Ref To Com On Insurance
H 1054: CLEAN ENERGY AND ECONOMIC SECURITY ACT.
House: Passed 1st Reading
House: Ref to the Com on Environment, if favorable, Finance
H 1055: ELIMINATE LME PROVIDER ENDORSEMENT.
House: Passed 1st Reading
House: Ref To Com On Health and Human Services
H 1056: PARTNERSHIP FOR CHILDREN PARTICIPANT RECORDS.
House: Passed 1st Reading
House: Ref To Com On Health and Human Services
H 1057: RESTORE FUNDS FOR PROJECT C.A.R.E.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1058: REFORM WORKFORCE DEVELOPMENT
House: Passed 1st Reading
House: Ref To Com On Finance
H 1060: NORTH CAROLINA URBAN EMPOWERMENT INITIATIVE.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1061: HIGH POINT FURNITURE MARKET FUNDS.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1062: UNCG/NCA&T NANOSCIENCE/NANOENGINEERING FUNDS.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1064: SHALE GAS/DEVELOP REG. PRGM./LEG. OVERSIGHT.
House: Passed 1st Reading
House: Ref To Com On Environment
H 1066: PASSING TITLE BY WILL.
House: Passed 1st Reading
House: Ref To Com On Judiciary Subcommittee A
H 1067: CO-OWNERS/UNEQUAL SHARES/SIMULTANEOUS DEATH.
House: Passed 1st Reading
House: Ref To Com On Judiciary Subcommittee A
H 1068: AMEND UCC ARTICLE 9/SECURED TRANSACTIONS.
House: Passed 1st Reading
House: Ref To Com On Judiciary Subcommittee A
H 1069: INTESTATE PROPERTY/CHILD'S YEAR'S ALLOWANCE.
House: Passed 1st Reading
House: Ref To Com On Judiciary Subcommittee A
H 1070: GENERAL STATUTES COMM. TECHNICAL CORRECTIONS.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
H 1072: FUNDS MH/DD SERVICES.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1073: MODIFY UNCHCS BOARD (NEW).
House: Passed 1st Reading
House: Ref To Com On Health and Human Services
H 1083: FUNDS TO IMPROVE BIRTH OUTCOMES.
House: Filed
H 1084: HOAS/PLANNED COMMUNITY ACT AMENDS.
House: Filed
H 1085: STATE HEALTH PLAN/STATUTORY CHANGES.
House: Filed
H 1089: STUDY ONLINE HIGHER EDUCATION.
House: Filed
H 1092: RESTORE FUNDING/SERVICES FOR WOMEN.
House: Filed
H 1093: AGRICULTURAL REGULATORY REFORM.
House: Filed
H 1094: CONTINUE LOCAL FOOD ADVISORY COUNCIL.
House: Filed
H 1095: SMALL FARM PROFITABILITY/EGG SALES.
House: Filed
H 1096: SIMPLIFY BEVERAGE CONTRACT BIDS (NEW).
House: Filed
H 1097: FUND CHILD NUTRITION SALARY & BENEFIT COST INC.
House: Filed
H 1098: CONTINUE THE SUSTAINABLE LOCAL FOOD ADVISORY.
House: Filed
H 1099: SUPPORT PROCUREMENT & FARM TO SCHOOL/FUNDS.
House: Filed
H 1100: FUNDS FOR NC FOOD BANKS.
House: Filed
H 1101: FUNDS/CHILDREN'S ADVOCACY CENTERS.
House: Filed
H 1102: FUNDS/ONE NC SMALL BUSINESS ACCOUNT.
House: Filed
H 1103: APPROP: NC INDIAN ECONO. DEV. INITIATIVE.
House: Filed
H 1104: SCHOLARSHIP FUNDING CORPORATE TAX CREDIT.
House: Filed
H 1105: MODIFY TAXATION OF HOA PROPERTY (NEW).
House: Filed
H 1111: RESTORE MILITARY MORALE & WELFARE FUND.
House: Filed
H 1112: ARTS EDUCATION AS A GRADUATION REQUIREMENT.
House: Filed
H 1113: IMPLEMENTATION OF COMPREHENSIVE ARTS EDUC.
House: Filed
H 1114: NCEMPA/USE OF RATE REVENUE.
House: Filed
H 1116: SMALL BUSINESS JOBS CREDIT.
House: Filed
H 1117: ENHANCE R&D TAX CREDIT FOR SMALL BUSINESSES.
House: Filed
H 1118: SMALL BUSINESS START-UP TAX RELIEF.
House: Filed
H 1119: LEAS REQUIRED TO ENHANCE ARTS EDUCATION.
House: Filed
H 1120: FUNDS FOR MEDICALLY UNDERSERVED PATIENTS.
House: Filed
S 745: BEER FRANCHISE LAW CLARIFICATIONS.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 5/23/2012
House: Passed 2nd & 3rd Reading
Senate: Rec To Concur H Com Sub
Senate: Placed On Cal For 5/24/2012
S 797: PYMT. OF 2012 MEDICAID COSTS/INMATE MED COSTS (NEW).
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 5/23/2012
House: Passed 2nd & 3rd Reading
Senate: Rec To Concur H Com Sub
Senate: Placed On Cal For 5/24/2012
S 798: VARIOUS EMERGENCY MANAGEMENT CHANGES.
Senate: Passed 2nd & 3rd Reading
S 816: BANKING LAW MODERNIZATION ACT.
Senate: Amend Adopted 1
Senate: Passed 2nd & 3rd Reading
Engrossed
S 820: CLEAN ENERGY AND ECONOMIC SECURITY ACT.
Senate: Withdrawn From Com
Senate: Re-ref Com On Commerce
S 856: HONOR SENATOR BOB CARPENTER.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 858: STATE AIR TOXICS PROGRAM REFORMS.
Senate: Passed 1st Reading
Senate: Ref To Com On Agriculture/Environment/Natural Resources
S 860: SALES OF MOTOR VEHICLES/UNITS OF GOVERNMENT.
Senate: Passed 1st Reading
Senate: Ref To Com On Finance
S 861: HIGH POINT FURNITURE MARKET FUNDS.
Senate: Passed 1st Reading
Senate: Ref To Com On Appropriations/Base Budget
S 862: UNCG/NCA&T NANOSCIENCE/NANOENGINEERING FUNDS.
Senate: Passed 1st Reading
Senate: Ref To Com On Appropriations/Base Budget
S 863: MODIFY 2011 APPROPRIATIONS ACT.
Senate: Passed 1st Reading
Senate: Ref To Com On Appropriations/Base Budget
S 864: MECHANICS LIENS/PAYMENT BOND REFORMS.
Senate: Passed 1st Reading
Senate: Ref to Judiciary I. If fav, re-ref to Finance
S 865: HONOR SENATOR BOB CARPENTER.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
S 866: ESSENTIAL ADJUSTMENTS TO 2011 BUDGET (NEW).
Senate: Passed 1st Reading
Senate: Ref To Com On Appropriations/Base Budget
S 867: NCEMPA/USE OF RATE REVENUE.
Senate: Passed 1st Reading
Senate: Ref To Com On Commerce
S 868: WILDLIFE LICENSES/ELIMINATE PENALTY.
Senate: Passed 1st Reading
Senate: Ref To Com On Agriculture/Environment/Natural Resources
S 869: REMOVE RESTRICTION/FIREFIGHTER DISABILITY.
Senate: Passed 1st Reading
Senate: Ref To Com On Insurance
S 870: 2012 YOUTH SKIN CANCER PREVENTION ACT.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 871: RESTORE FUNDING FOR TEACHING FELLOWS PROGRAM.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 874: ARTS EDUCATION AS A GRADUATION REQUIREMENT.
Senate: Passed 1st Reading
Senate: Ref To Com On Education/Higher Education
S 875: LME GOVERNANCE.
Senate: Filed
S 877: ACCOUNTABILITY FOR TAXPAYER INVESTMENT ACT.
Senate: Filed
S 878: SMARTER GOV/BUSINESS INTELLIGENCE INITIATIVE.
Senate: Filed
S 879: ESTABLISH EFFICIENCY & COST-SAVINGS COMMN
Senate: Filed
S 880: DEPT. OF PUBLIC SAFETY/TECH & OTHER CHANGES.
Senate: Filed
S 881: TRANSFER EVIDENCE WAREHOUSE TO DPS.
Senate: Filed
S 882: HONOR VETERANS.
Senate: Filed
S 886: STRENGTHEN BD. OF TRANS. ETHICS POLICY.
Senate: Filed
S 887: STRENGTHEN BD. OF TRANS. ETHICS POLICY.
Senate: Filed
S 888: ETHICS REQUIREMENTS FOR MPOS/RPOS.
Senate: Filed
S 889: RPO AREA DEFINITION.
Senate: Filed
S 890: TRANSPORTATION REFORM/CODIFY EXECUTIVE ORDER (NEW).
Senate: Filed
S 891: UPDATE CH. 136 WITH TERM "CHIEF ENGINEER."
Senate: Filed
S 892: REQUIRE DOT STRATEGIC PRIORITIZATION PROCESS.
Senate: Filed
S 893: PRIVACY OF TURNPIKE AUTHORITY TOLL DATA.
Senate: Filed
S 894: EXEMPT CERTAIN DRUGS FOR ANIMALS.
Senate: Filed
S 895: DOT DIVISION OF MOTOR VEHICLES LEG. REQUESTS.
Senate: Filed
Actions on Bills: 2012-05-23
LOCAL BILLS
H 5: LOCAL DEANNEXATIONS (NEW).
House: Rec To Concur S Com Sub
House: Com Sub Ruled Material
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 5/24/2012
H 1041: HIGH POINT/ARCHDALE BOUNDARIES.
House: Passed 1st Reading
House: Ref to the Com on Government, if favorable, Finance
H 1049: BLADEN COMMUNITY COLLEGE FED LOAN PROGRAM.
House: Passed 1st Reading
House: Ref To Com On Education
H 1050: ELIZABETHTOWN INDUSTR. PARK DEANNEXATION.
House: Passed 1st Reading
House: Ref to the Com on Government, if favorable, Finance
H 1051: ELIZABETHTOWN HAYFIELDS DEANNEXATION.
House: Passed 1st Reading
House: Ref to the Com on Government, if favorable, Finance
H 1059: ASHEBORO TOWING.
House: Passed 1st Reading
House: Ref To Com On Government
H 1063: EXCUSE SCHOOL DAY FOR JOHNSTON CO. SCHOOL.
House: Passed 1st Reading
House: Ref To Com On Education
H 1065: USE MOORE SCHOOL BUSES FOR 2014 US OPEN.
House: Passed 1st Reading
House: Ref To Com On Education
H 1071: WAKE SCHOOL BOARD ORGANIZATIONAL MEETING.
House: Passed 1st Reading
House: Ref To Com On Government
H 1086: CLAY COUNTY COURTHOUSE.
House: Filed
H 1087: FONTANA DAM OCCUPANCY TAX.
House: Filed
H 1088: GRAHAM/SWAIN TVA ALLOCATION/BORDER.
House: Filed
H 1090: ORANGE-ALAMANCE REMAINING 9% BOUNDARY.
House: Filed
H 1091: ORANGE GRANTS FOR BROADBAND.
House: Filed
H 1106: APEX ANNEXATION.
House: Filed
H 1107: GRANVILLE COUNTY ABC PROFITS DISTRIBUTION MOD.
House: Filed
H 1108: BUTNER PUBLIC SAFETY AUTHORITY CHANGES.
House: Filed
H 1109: DARE CAMA SETBACK REQ'TS/GRANDFATHER.
House: Filed
H 1110: MATTHEWS/STALLINGS BOUNDARY ADJUSTMENT.
House: Filed
H 1115: WAKE TOWNS LOCAL GOV'MT INFO/MINORS
House: Filed
H 1121: MECKLENBURG ABC STORES LABOR DAY 2012.
House: Filed
H 1122: MARTIN COUNTY FIRE DISTRICTS
House: Filed
H 1123: DURHAM COUNTY MEMORIAL STADIUM.
House: Filed
S 857: ADD STOKES CTY TO TAX CERT BEFORE RECORDATION.
Senate: Passed 1st Reading
Senate: Ref To Com On State and Local Government
S 859: PILOT MOUNTAIN/DOBSON EVEN-YEAR ELECTIONS (NEW).
Senate: Passed 1st Reading
Senate: Ref To Com On State and Local Government
S 872: ORANGE GRANTS FOR BROADBAND.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 873: ORANGE-ALAMANCE REMAINING 9% BOUNDARY.
Senate: Passed 1st Reading
Senate: Ref To Com On State and Local Government
S 876: MOORESVILLE DEANNEXATION.
Senate: Filed
S 883: MARTIN COUNTY FIRE DISTRICTS.
Senate: Filed
S 884: WAKE TECH BOARD OF TRUSTEES.
Senate: Filed
S 885: CLEVELAND AND RUTHERFORD LOCAL ACT
Senate: Filed
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