Senate committee substitute makes the following changes to 4th edition.
Changes the effective date of proposed GS 14-269.3(b)(5), which sets out the conditions under which a person with a valid concealed handgun permit may carry a gun, rifle, or pistol on the premises of an eating establishment or a restaurant, to January 1, 2013 (was, December 1, 2011).
Amends GS 14-415.1 to add additional prohibitions regarding the possession of firearms by persons that have been convicted of a felony. Prohibits the possession of any ammunition or any electric weapon or electric device intended to be used as a weapon. Also makes it unlawful for a convicted felon to carry a concealed weapon, including a tear gas gun or similar device intended to be used as a weapon. Current law provides that a violation of the prohibitions on possession of firearms by a convicted felon is a Class G felony. Imposes additional criminal penalties on convicted felons who unlawfully possess firearms when the violation includes discharge of the weapon or results in injury to a person. Provides a definition for serious injury as used in this section and defines serious bodily injury as it is defined in GS 14-32.4(a). Effective December 1, 2012, and applies to offenses committed on or after that date.
Amends GS 14-415.23 to specifically describe the playgrounds, athletic fields, swimming pools, and athletic facilities identified as recreational facilities. Provides that the term recreational facilities does not include (1) greenways, (2) designated walking or biking paths or areas typically used as such, (3) open areas or fields where athletic events may occur that are not classified as an athletic field, (4) and any other area that is not specifically described in GS 14.415.23(c).
Amends the title to reflect the changes to the bill content. Makes technical changes.
The Daily Bulletin: 2012-06-07
Printer-friendly: Click to view
The Daily Bulletin: 2012-06-07
Intro. by Hilton. |
Senate committee substitute makes the following changes to 2nd edition. Deletes the provisions of the 2nd edition and replaces it with AN ACT TO: (1) CREATE AN INTERAGENCY TASK FORCE TO STUDY THE FEASIBILITY AND DESIRABILITY OF ADVANCING THE USE OF ALTERNATIVE FUELS BY STATE AGENCIES AND THE DEVELOPMENT OF ASSOCIATED FUELING INFRASTRUCTURE; (2) ESTABLISH CRITERIA FOR THE OPERATION OF ELECTRIC VEHICLE CHARGING STATIONS LOCATED AT STATE-OWNED REST STOPS ALONG THE HIGHWAYS AND; (3) AMEND THE ENERGY JOBS ACT OF 2011 IF THE ENERGY JOBS ACT OF 2011 BECOMES LAW.
States the General Assembly’s intent to reduce the cost of fuel used by state agencies and transition to cleaner, more-cost effective state-produced fuel resources. Directs the State Energy Office in the Department of Commerce, in consultation with the Department of Administration, Department of Public Instruction, Department of Transportation, and other agencies, to create a task force to study advancing the use of alternative fuels by state agencies. Requires a report to the Joint Legislative Commission on Energy Policy by December 1, 2012.
Authorizes the DOT to operate electric vehicle charging stations at state-owned rest stops, provided two, detailed conditions are met. Sets out reporting requirements.
Makes several changes to the Energy Jobs Act of 2011 (SB 709) if the Act becomes law, as follows. Makes clarifying changes to the provision requiring the development of a regional energy strategy (was, regional energy compact) for the exploration and development of offshore energy resources, and requires final recommendations by December 31, 2012. Repeals provision requiring DENR’s report on onshore shale gas resources. Amends GS 113B-3 to change the deadline for appointments to the Energy Jobs Council to September 1, 2012 (rather than October 1, 2011). Amends Council membership qualifications. Makes additional clarifying changes.
Intro. by Samuelson, McElraft. |
Senate committee substitute makes the following changes to 2nd edition. Deletes all the provisions of the 2nd edition and replaces it with AN ACT TO RECODIFY THE PROVISIONS OF THE GENERAL STATUTES THAT REGULATE PRECIOUS METALS BUSINESSES, PAWNBROKERS, AND CASH CONVERTERS, AND SECONDARY METALS RECYCLERS, AND TO STRENGTHEN METALS THEFT PREVENTION BY REQUIRING PERMITTING OF NONFERROUS METALS PURCHASERS, MAKING IT A CRIME TO CUT, MUTILATE, DEFACE, OR OTHERWISE INJURE THE PROPERTY OF ANOTHER TO OBTAIN NONFERROUS METALS, CREATING RELATED CRIMINAL OFFENSES, AND MAKING OTHER RELATED CHANGES TO THE GENERAL STATUTES.
Adds new Article 45, Pawnbrokers, Metal Dealers, and Scrap Dealers, to GS Chapter 66. Recodifies GS Chapter 91A (Pawnbrokers and Cash Converters Modernization Act) as Part 1 of new Article 45 of GS Chapter 66, GS 66-385 through 66-399. Makes necessary conforming changes to effect the recodification of GS Chapter 91A as Part 1 of new Article 45 of GS Chapter 66.
Recodifies Article 25 (Regulation of Precious Metal Businesses) of GS Chapter 66 as Part 2 of new Article 45 of GS Chapter 66, GS 66-405 through 66-413. Makes necessary conforming changes to effect the recodification of Article 25 as Part 2 of new Article 45 of GS Chapter 66. Also makes conforming changes to GS 25-9-201(b) and 105-88(a)(3).
Repeals GS 66-11 (Dealing in regulated metals property; penalties) and 66-11.1 (Transportation of copper).
Enacts new Part 3, Regulation of Sales and Purchases of Metals, to new Article 45. Recodifies GS 66-11.2 under Part 3 of new Article 45. Part 3 provides definitions for terms as used in new Article 45. Specified records and receipts required for regulated metal transactions. Defines regulated metals property as all ferrous and nonferrous metals. Requires the inspection of regulated metals property and records and specifies that a secondary metals recycler is to keep and maintain the required information for not less than two years from the date of the purchase of the regulated metals property. Stresses that records must be securely maintained and provides guidelines regarding the destroying of records. Provides that a law enforcement officer may issue a hold notice to the purchaser of nonferrous metals if the officer has reasonable suspicion that any item in the purchaser’s possession has been stolen. Requires that the hold notice be in writing. Provides for the renewal of a hold notice. Requires a secondary metals recycler owner to hold nonferrous metals until the second calendar day after the date of purchase before selling or otherwise altering or disposing of the nonferrous metals. Requires an owner who has previously been convicted of a felonious violation of Article 45, GS 14-71, 14-71.1, or 14-72 to hold nonferrous metals for seven days from the date of purchase. Lists activities and transactions prohibited to a secondary metals recycler. Makes it unlawful to transport more than 25 pounds of nonferrous metals on the highway unless specified conditions are met. Indicates permissible payment methods for nonferrous metals purchasers. Requires the sheriff of each county to issue nonferrous metals purchase permits and directs the Attorney General to prescribe a standard application and permit form to be used by county sheriffs.
Provides that Part 3 does not apply to purchases of regulated metals from a manufacturing, industrial government, or other commercial vendor that sells or generates regulated metals in tits ordinary course of business; or the purchases of regulated metals property that only beverage containers, except GS 66-418 (regarding hold notices) does apply in that case.
Prohibits a county or municipality from enacting local laws, ordinances, or regulations that conflict with Part 3 and provides that this Part preempts all existing laws, ordinances, or regulations in conflict with it.
Makes a first violation of this Part a Class 1 misdemeanor, unless the conduct is covered by some other provision of law carrying greater punishment. Makes a subsequent violation a Class I felony. Provides that three or more violations results in an immediate revocation of the owner’s permit for a fixed site. Provides additional details regarding violation.
Makes conforming changes to the recodified version of GS 66-11.2(a) (regarding forfeiture of vehicles) and GS 20-62.1(a) (regarding the purchase of vehicles for scrap or parts only).
Adds new GS 14-159.4 to Article 22 of GS Chapter 14 to provide criminal penalties for the cutting, mutilating, defacing, or otherwise injuring property in order to obtain nonferrous metals. Punishment ranges from misdemeanors to felonies based on the monetary value, injury to a person or infrastructure affected.
Provides that pawnbroker licenses and permits to be in the business of purchasing precious metals are valid on the effective date of this act continue in force until their expiration.
Provides that this act is effective December 1, 2012, and applies to offenses committed on or after that date. Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and applicable statutes before this act becomes effective remain applicable to those prosecutions.
Intro. by Rhyne. |
Senate committee substitute makes the following changes to 1st edition.
Adds sections to amend or create offenses as follows. Amends GS 14-118.1 to make the violation of simulating a court process or judicial authorization in connection with any claim a Class I felony (was, a Class 2 misdemeanor). Enacts new GS 14-118.6 to make it unlawful to knowingly file a false lien or encumbrance against the real or personal property of a public officer or employee, and makes a violation a Class I felony. Sets out the procedure to follow when a filing is denied and for false liens. Amends GS 14-118.12 to make a person who knowingly, for financial gain, and with intent to defraud, files a document claiming that a mortgage loan has been satisfied or otherwise terminated guilty of residential mortgage fraud. Amends GS 14-401.19 to make it a Class I felony (was, a Class 2 misdemeanor) to file a false security agreement or to file a record for an improper purpose. Makes a conforming change to the bill title. Applies to offenses committed on or after December 1, 2012.
Intro. by Crawford. |
Senate committee substitute makes the following changes to 2nd edition. Deletes all provisions of the 2nd edition and replaces it with AN ACT TO AMEND THE LAWS PERTAINING TO TERMINATION OF PARENTAL RIGHTS TO INCLUDE CONVICTION OF A SEXUALLY RELATED OFFENSE THAT RESULTS IN THE CONCEPTION OF THE JUVENILE AS A BASIS FOR TERMINATION OF PARENTAL RIGHTS. Amends GS 7B-1111(a) as the title indicates. Applies to convictions of a parent of a sexually related offense under GS Chapter 14. Effective October 1, 2012.
Intro. by Haire. |
Senate committee substitute makes the following changes to 1st edition.
Deletes all provisions in the previous version and replaces them with AN ACT PROVIDING THAT THE NORTH CAROLINA RATE BUREAU SHARE WITH THE NORTH CAROLINA INDUSTRIAL COMMISSION INFORMATION ON THE STATUS OF WORKERS’ COMPENSATION INSURANCE COVERAGE ON EMPLOYERS IN THIS STATE AND MAKING CLARIFYING, CONFORMING, AND OTHER CHANGES RELATED TO THE WORKERS’ COMPENSATION LAWS OF NORTH CAROLINA.
Enacts new GS 58-36-17, requiring the NC Rate Bureau (Bureau) to share information in the Bureau’s records regarding workers’ compensation insurance on NC employers and amends GS 58-36-16 to require the Bureau share information related to each employer’s experience rate modifier and name and address with the NC Industrial Commission (Commission). Specifies that the information is confidential and provides for immunity for releasing information.
Amends GS 97-25.6 to require the employer to provide the employee a copy of any medical records the employer receives upon the employee’s request (previously required the employer to provide a copy absent any request). Authorizes the employer to request information from the employee’s health care provider regarding the employee’s ability to return to work with the employer. Requires an employee to file a request for a protective order with the Commission within 10 days after the employer sends notification that the employer intends to communicate additional medical information to the employee’s health care provider and authorizes the employer to submit the information to the provider if the employee does not do so. Increases the methods by which additional forms of communication with the health care provider may be authorized. Makes additional clarifying changes. Amends GS 97-26.1 to authorize the Commission to establish fees to compensate providers for the time spent communicating with employers and employees.
Amends GS 97-26 to provide that the Commission must adopt a schedule of fees for medical compensation and for hospital fees by rule. Makes conforming changes to remove provisions on public comments, hearings, and appeals. Requires the Commission to provide information on the basis for the fee schedule rate as specified.
Amends GS 97-27(b) to specify that an employee must cover all travel expenses when obtaining another examination when dissatisfied with the percentage of permanent disability. Makes conforming changes to GS 97-29(b). Amends GS 97-32.2(a) to provide that vocational rehabilitation services may not be required if the employee qualifies for extended compensation under GS 97-29(c) or permanent disability under GS 97-29(d).
Applies to claims filed on or after the date the act becomes law.
Intro. by Dollar, Rhyne, McElraft, Folwell. |
Senate amendments make the following changes to 3rd edition.
Amendment #1 amends proposed GS 135-48.15 to provide that it is not a violation to discharge or take other unfavorable action against an employee who reported protected activity related to the State Health Plan if the person shows the same action would have been taken regardless of the activity. Clarifies that proposed GS 135-48.15 and proposed GS 22B-4 apply to causes of action arising on or after October 1, 2012.
Amendment #2 adds Kestrel Heights to the schools that may join the Teachers' and State Employees' Health Plan, and makes a conforming change to the bill title.
Intro. by Murry. |
AN ACT AUTHORIZING THE UTILITIES COMMISSION TO OBTAIN CRIMINAL HISTORY RECORD CHECKS OF APPLICANTS FOR AND CURRENT HOLDERS OF A CERTIFICATE TO TRANSPORT HOUSEHOLD GOODS. Summarized in Daily Bulletin 3/14/11, 3/24/11, and 5/19/11. Enacted June 7, 2012. Effective June 7, 2012.
Intro. by Steen, Hager. |
Senate committee substitute makes the following changes to 3rd edition. Deletes all the provisions of the 3rd edition and replaces it with AN ACT TO (1) MAINTAIN COUNTY LEVEL EXPENDITURES IN LOCAL FUNDS FOR CHILD PROTECTIVE SERVICES WORKERS; (2) USE 2011 DATA SOURCE FOR CHILD CARE SUBSIDY ALLOCATION FORMULA; (3) CLARIFY THE TERM SUBSTANTIAL COMPLIANCE AS IT RELATES TO MEDICAID AND HEALTH CHOICE PROVIDER REQUIREMENTS; AND (4) EXEMPT CONTRACTS FOR THE RENTAL OF OFFICE SPACE THAT DO NOT CONSTITUTE A FINANCIAL RELATIONSHIP UNDER THE FEDERAL STARK ACT FROM THE CONFLICT OF INTEREST PROVISION OF THE HOSPITAL AUTHORITY ACT.
As the title indicates. Adds uncodified Section 1 to require that counties spend no less in local funds for child protective workers in the 2012-13 fiscal year than was expended in the 2011-12 fiscal year. Amends Section 10.2(a) of SL 2011-145, directing the Division of Child Development and Early Education to use the same data source as used for the 2011-12 fiscal year to determine the child care subsidy allocation formula. Amends GS 131E-21 adding new subdivision (e1) exempting certain rental contracts for office space from conflict of interest provisions of the Hospital Authority Act.
Amends GS 108C-2, adding new subdivision (4a) to clarify the term substantial compliance, and provides that this section applies to all audits except those with overpayments that have become final before that date.
Intro. by Hurley. |
Senate committee substitute makes the following changes to 2nd edition.
Amends proposed subsection (f) in GS 20-28 to clarify that the vehicle is subject to seizure if the person is convicted of a third or subsequent violation for driving while license revoked occurring within a ten year period. Makes conforming changes throughout, and to the bill title. Applies to offenses committed on or after December 1, 2012 (was, December 1, 2011).
Intro. by Starnes. |
Senate committee substitute makes the following changes to 1st edition.
Deletes all provisions in the previous edition and replaces them with AN ACT TO LIMIT USE OF CONTINGENT-BASED CONTRACTS FOR AUDIT OR ASSESSMENT PURPOSES.
Enacts new subsection (a1) to GS 105-243.1 to prohibit the Secretary of Revenue from employing an agent who is paid on a contingent basis. Adds a similar provision to GS 105-299 (experts employed to assist county assessors), GS 153A-146 (experts employed by counties), and GS 160A-206 (experts employed by cities). Also adds a similar provision to GS 116B-8 (auditor contracts with State Treasurer), and makes a conforming change to remove language allowing contingent compensation. Applies to audits, determinations of liability, and assessments contracted for on or after July 1, 2012. Prohibits local governments and the State Treasurer from renewing such contracts after July 1, 2012.
Intro. by McCormick. |
Senate committee substitute makes the following changes to 2nd edition. Effective July 1, 2012, amends the appropriation to the Department of Justice that is to be allocated to the State Bureau of Investigation for DNA testing an analysis to (1) delete the 2011-12 appropriation and (2) decrease the 2012-13 appropriation from $123,543 to $69,934. Deletes the appropriation to the Judicial Department that was to be allocated to the Administrative Office of the Courts to administer the act.
Requires the State Crime Laboratory to seek accreditation from a single body and prohibits using state funds for 2011-12 or 2012-13 to obtain a second duplicative or unnecessary accreditation. Effective when the act becomes law.
Changes the effective date of the changes to GS 15A-266.3A(f) from December 1, 2011, to December 1, 2012.
Intro. by Burr, Pridgen. |
Senate committee substitute makes the following changes to 2nd edition. Deletes the provisions of the 2nd edition and replaces them with AN ACT ALLOWING REGISTERED SPONSORING ORGANIZATIONS TO ARRANGE FOR THE VOLUNTARY PROVISION OF HEALTH CARE SERVICES IN THIS STATE, RELIEVING PROVIDERS OF VOLUNTARY HEALTH CARE SERVICES FROM ADDITIONAL LICENSURE REQUIREMENTS, AND PROVIDING LIMITED PROTECTION FROM CIVIL LIABILITY TO PERSONS PROVIDING VOLUNTARY HEALTH CARE SERVICES IN ASSOCIATION WITH SPONSORING ORGANIZATIONS.
Enacts new Article 1J (Voluntary Health Care Services Act) in GS Chapter 90. Allows a registered sponsoring organization to organize or arrange for the voluntary provision of in-state health care services for no more than seven calendar days in a calendar year. Defines sponsoring organization as any nonprofit that organizes or arranges for the voluntary provision of health care but does not include free clinics, local health department facilities, nonprofit community health centers, or nonprofit community health referral services that operate year-round. Requires a sponsoring organization to register with the Department of Health and Human Services (Department) and specifies information that must be included on the registration form. Requires a $50 registration fee and sets out requirements for the organization, including reporting on the health care providers providing services and maintaining specified records. Allows the Department to revoke registration for noncompliance and allows the organization to challenge the revocation by filing a contested case. Allows the Department to waive the requirements if there is an emergency. Requires the Department to forward the information provided by organizations on to the appropriate licensing boards to ensure licensure of health care providers. Requires organizations to ensure that at least one health care provider who is licensed to practice in the state and has access to the controlled substances reporting system is located on the site of the services. Provides that a health care provider engaging in the voluntary provision of health services with a sponsoring organization is not required to obtain additional licensure if the provider is licensed in the specified practice area in North Carolina or in another state and is in good standing. Enumerates instances in which the exemption from additional licensure does not apply. Provides that a health care provider providing voluntary health care services at a sponsoring organization’s location is not liable for death or injuries caused by the provider’s act or omission unless there is gross negligence, wanton conduct, or intentional wrongdoing by the provider. Specifies four circumstances in which the immunity does not exist. Effective January 1, 2013.
Intro. by Murry, Dollar, Brisson. |
Senate committee substitute makes the following changes to 3rd edition.
Deletes all provisions in the previous version and replaces them with AN ACT TO AMEND THE LAWS REGARDING DISPOSITION OF BLOOD EVIDENCE, ADMISSIBILITY OF REPORTS AFTER NOTICE AND DEMAND, AND EXPUNCTION OF DNA SAMPLES TAKEN UPON ARREST, AND TO CHANGE THE METHOD FOR DETERMINING THE SENIOR RESIDENT SUPERIOR COURT JUDGE FOR A DISTRICT.
Enacts new subsection (h) to GS 20-139.1, allowing the destruction of any blood or urine sample subject to chemical analysis for the presence of any impairing substance 12 months after the report is issued without notice to the parties, unless a motion to preserve the evidence has been filed.
Amends GS 8-58.20(f) to require (rather than allow) that the laboratory report of a forensic analysis and affidavit be admitted in evidence without the analyst’s appearance if the defendant’s attorney or the defendant, if self-represented, does not file a written objection within the specified time period. Makes a similar change to GS 8-58.20(g)(5) (procedure for establishing chain of custody). Makes a similar change to GS 20-139.1 (chemical analysis of blood or urine) and to GS 90-95 (chemical analysis for controlled substance) and enacts new provision in GS 90-95(g1) to conform to the chain of custody requirement. Specifies that these amendments apply to proceedings occurring on or after December 1, 2012.
Amends GS 15A-266.3A to clarify that the defendant must provide to the district attorney a signed request form to request the expunction of the defendant’s DNA when one of the events in GS 15A-266.3A(h)(1) (previously limited to fewer circumstances) occurs (previously did not require an affirmative request after June 1, 2012). Requires the State Bureau of Investigation to take one of the prescribed acts within 90 days (was, 30 days) following receipt of the verification form from the district attorney. Makes conforming changes.
Effective December 1, 2012.
Intro. by Stevens, Jordan. |
AN ACT TO AMEND LAWS RELATING TO THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION AND THE PRESERVATION OF BIOLOGICAL EVIDENCE. Summarized in Daily Bulletin 4/7/11, 6/2/11, and 6/3/11. Enacted June 7, 2012. Effective June 7, 2012.
Intro. by Stevens. |
Senate committee substitute makes the following changes to 2nd edition. Requires that the Legislative Research Commission report to the 2013 (was, 2012) Regular Session of the General Assembly.
Intro. by Martin, Killian. |
Senate committee substitute makes the following changes to 2nd edition. Deletes the provisions of the 2nd edition and replaces them with AN ACT TO EXPAND THE DEFINITION OF INDUSTRIAL MACHINERY EXEMPT FROM BUILDING CODE INSPECTION TO INCLUDE EQUIPMENT AND MACHINERY ACQUIRED BY STATE-SUPPORTED CENTERS PROVIDING TESTING, RESEARCH, AND DEVELOPMENT SERVICES TO MANUFACTURING CLIENTS. Amends GS 143-138(b9), as the title indicates.
Intro. by Howard. |
AN ACT TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO USE RECYCLED ASPHALT FOR HIGHWAY CONSTRUCTION AND MAINTENANCE IF IT MEETS THE REQUIRED MINIMUM CONTENT STANDARDS AND THE MATERIAL MEETS THE MINIMUM SPECIFICATIONS FOR THE PROJECT. Summarized in Daily Bulletin 4/7/11. Enacted June 7, 2012. Effective June 7, 2012.
Intro. by Holloway. |
Senate amendment makes the following changes to 2nd edition. Adds provisions for a refund of (1) all local sales and use tax and (2) a portion of state sales and use tax to a company located at a ports facility for waterborne commerce that buys specialized equipment for use at the facility to unload or process bulk cargo to make it suitable for delivery to and use by manufacturing facilities. Applies to purchases made on or after July 1, 2012, but before July 1, 2013. Provides that the request for a refund is due before January 1, 2014, and bars refunds applied for after the due date. Requires that the refund request be made in writing on or after July 1, 2013, and must include any information and documentation required by the Secretary of Revenue. Provides criteria for determining the portion of state sales and use taxes that may be refunded. Also provides that tax refunds allowed under this section are not an overpayment of tax and do not accrue interest as provided in GS 105-241.21.
Intro. by Howard, Starnes. |
Senate amendment makes the following changes to 2nd edition. Corrects the statute reference in Section 9 to GS 105-151.32(c) (extending the sunset on the credit for adoption expenses).
Intro. by Howard, Starnes. |
House committee substitute makes the following changes to 1st edition. Amends proposed GS 106-22.6 to provide that when any board, commission, or official with the Department of Agriculture and Consumer Services has the authority (was, when any provision of GS Chapter 81A, 106, or 143 provides that the Commission, Board of Agriculture, Pesticide Board, or Structural Pest Control Committee has the power) to assess civil penalties, a monetary penalty is not required if nonmonetary sanction, education, or training are sufficient to address a violation.
Intro. by Bradley, Dixon. |
The Daily Bulletin: 2012-06-07
House committee substitute makes the following changes to 2nd edition.
Deletes all provisions in the previous edition and replaces them with AN ACT TO AMEND THE STANDARDS REQUIRED FOR INCORPORATION OF A MUNICIPALITY AND TO REQUIRE APPROVAL OF THE MUNICIPAL GOVERNING BOARD PRIOR TO CERTAIN EXTENSIONS OF WATER OR SEWER SERVICE BY OTHER GOVERNMENT ENTITIES.
Amends GS 120-163 to increase from 25 to 50 the number of registered voters from the area proposed to be incorporated required in the petition requesting incorporation and submitted to the Municipal Incorporations Subcommittee. Requires the petition to state that the proposed city will have a budget ordinance with an ad valorem tax levy of at least 20¢ (was, at least 5¢) on the $100 valuation on all property within the city’s corporate limits. Also requires the petition to state that the city will offer all of the following services by a specified date: (1) police protection; (2) fire protection; (3) wastewater treatment, collection, or disposal; and (4) water distribution (previously required city to offer four services out of a list, which included street maintenance, street construction or right of way acquisition, street lighting, and zoning), and include any other services the city proposes to offer.
Amends GS 120-167 to set out a schedule of population requirements that the proposed city must meet, related to the distance from cities of various other sizes, before the Commission makes a positive recommendation (currently, the proposed city must have a permanent population of at least 100).
Makes a conforming change to GS 120-172 to require the Commission to recommend that any incorporation passed by the General Assembly be submitted to a referendum (was, allows recommendation, unless the petition is signed by 50% of the registered voters).
Enacts new GS 160A-329 to require cities to first approve by resolution the establishment or extension of water or sewer services, according to a specified schedule.
Intro. by Hartsell. |
AN ACT TO AUTHORIZE ADDITIONAL CLASS III GAMING ON INDIAN LANDS PURSUANT TO A TRIBAL-STATE GAMING COMPACT, TO CREATE THE INDIAN GAMING EDUCATION REVENUE FUND, AND TO APPROPRIATE FUNDS. Summarized in Daily Bulletin 4/12/11, 5/16/12, and 5/30/12. Enacted June 6, 2012. Effective June 6, 2012.
Intro. by Apodaca. |
Senate amendment makes the following changes to 2nd edition.
Amends GS 96-14(2) (concerning disqualification for benefits) to clarify that there is prima facie evidence of misconduct connected with the work if an employee receives three or more written reprimands from the employer in the 12 months preceding termination. Deletes the example of misconduct connected with the work related to acts showing disregard of the employer’s standards of behavior. Makes the amendments to this provision effective November 1, 2012. Clarifies that the amendments to GS 96-15(b)(2) and GS 96-15(f) (concerning stipulations of the facts) are effective November 1, 2012, and the other amendments to GS Chapter 96 in the act are effective when the act becomes law.
Intro. by Rucho, Hartsell. |
The Daily Bulletin: 2012-06-07
AN ACT HOLDING THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS ACCOUNTABLE FOR THE WORK OF THE AIRPORT AUTHORITY APPOINTED BY THE COMMISSION OR RECEIVING COUNTY FUNDS. Summarized in Daily Bulletin 3/23/11, 6/8/11, and 6/5/12. Enacted June 7, 2012. Effective June 7, 2012.
Intro. by McComas. | New Hanover |
Senate committee substitute makes the following changes to 4th edition. Provides that all property that is (1) within Buncombe County, (2) owned by the City of Asheville (Asheville), and (3) a part of the Asheville Regional Airport is not subject to regulation by Asheville under Article 19 of GS Chapter 160A, but is instead subject to ordinances of Buncombe County under Article 18 (Planning and Regional Development) of GS Chapter 153A. Also applies to any property in Buncombe County that may be subsequently acquired to be a part of the Asheville Regional Airport either by Asheville or by the Greater Asheville Regional Authority.
Directs Asheville to convey to the state of North Carolina by warranty or quitclaim deed all of its right, title, and interest to the City of Asheville Parcel (a part of the Western North Carolina Agricultural Center) as described by metes and bounds in this act. Reduces the corporate limits of Asheville by removing a total of three parcels described in metes and bounds: (1) the City of Asheville Parcel, (2) the North Parcel, and (3) the South Parcel. Provides that the described parcels and any contiguous property to those parcels, which is acquired by the state to be a part of the Western North Carolina Agricultural Center. is not subject to regulation by Asheville under GS Chapter 160A but instead is subject to Buncombe County ordinances under Article 18 of GS Chapter 153A.
These provisions are effective on the date that Buncombe County adopts an ordinance to make the specified areas subject to the zoning ordinance of Buncombe County.
Clarifies that the power of eminent domain may not be used to acquire any interest in the Ferncliff Industrial Park as it existed on June 1, 2011, except for a proven and present aviation need required by a federal agency.
Makes organizational changes and a conforming change.
Amends the title to read: AN ACT TO CREATE THE GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY, TO REMOVE THE ASHEVILLE REGIONAL AIRPORT AND THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER FROM THE ZONING JURISDICTION OF THE CITY OF ASHEVILLE, TO REQUIRE THE CITY OF ASHEVILLE TO CONVEY TO THE STATE OF NORTH CAROLINA ANY OF ITS RIGHT, TITLE, AND INTEREST TO THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER, AND TO REMOVE THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER FROM THE CORPORATE LIMITS OF THE CITY OF ASHEVILLE.
AN ACT TO GIVE THE JOHNSTON COUNTY BOARD OF EDUCATION ADDITIONAL FLEXIBILITY WITH REGARD TO INSTRUCTIONAL TIME LOST AT MCGEE'S CROSSROADS ELEMENTARY SCHOOL. Summarized in Daily Bulletin 5/22/12. Enacted June 6, 2012. Effective June 6, 2012, and applies only to the 2011–2012 school year.
Intro. by Langdon. | Johnston |
House committee substitute makes the following changes to 1st edition. Sets the act to expire on December 31, 2017.
Intro. by Horn, McGuirt, Burr. | Union |
House committee substitute makes the following changes to 1st edition. Amends GS 132-1.12 to provide that the name of a minor receiving a scholarship or other local government financial award is public record. Extends the scope of the act to also include Cary, Garner, Knightdale, Morrisville, Rolesville, Wake Forest, Wendell, and Zebulon. Amends GS 153A-345(a) to delete the provision requiring that if the Chatham County Board of Commissioners does not zone the county’s entire territorial jurisdiction, then each zoning area must have at least one resident as a member of the board of adjustment. Makes conforming changes to the title.
The Daily Bulletin: 2012-06-07
Senate committee substitute makes the following changes to 1st edition. Provides that the facilities for which Union County may use the design-build delivery method also include facilities ancillary to law enforcement and those ancillary to human services (deletes that the facilities include, without limitation, social services and public health buildings). Increases the minimum number of proposals that the County must seek from three to five. Sets the act to expire five years after the date that the act becomes law.
Intro. by Tucker. | Union |
Senate committee substitute makes the following changes to 1st edition. Provides that the act applies only to the annexation of property on which the Vidant Family Medicine facility is located.
Senate committee substitute makes the following changes to 1st edition. Changes the effective date from when the act becomes law to June 30, 2013.
Intro. by Soucek. | Watauga |
Actions on Bills: 2012-06-07
H 111: AMEND FIREARMS LAWS (NEW).
H 149: TERRORISM/STATE OFFENSE.
H 176: REVIEW DV PROGRAM PARTICIPATION.
H 177: CLEAN ENERGY TRANSPORTATION ACT (NEW).
H 199: METAL THEFT PREVENTION ACT OF 2012 (NEW).
H 203: MORTGAGE SATISFACTION FORMS/NO FALSE LIENS (NEW).
H 235: AMEND GROUNDS/TERMINATION OF PARENTAL RIGHTS (NEW).
H 237: 2012 WORKERS' COMPENSATION AMENDMENTS (NEW).
H 244: STATE HEALTH PLAN/ADD SCHOOLS; WHISTLEBLOWERS (NEW).
H 261: INTRASTATE MOTOR CARRIER MARKINGS.
H 302: CHARITABLE LICENSING EXEMPTION CLARIFICATION.
H 340: UTILITIES COMMISSION/CRIMINAL RECORDS CHECK.
H 345: MODIFY MOVE OVER LAW.
H 423: CH. PROTECT. SERV./CH. CARE SUB./RENT EXEMPT (NEW).
H 438: ACCOUNTABLE CO. COMMS./EXPAND LOC. BD. AUTH.
H 451: DWLR PENALTIES INCREASED/ VEHICLE SEIZURES.
H 462: CONTINGENCY CONTRACTS FOR AUDITS/ASSESSMENTS (NEW).
H 483: DNA SAMPLES/ADDITIONAL FELONIES.
H 490: RENAME YADKIN RIVER BRIDGE.
H 493: LANDLORD TENANT LAW CHANGES.
H 589: DIVORCE/DVPO/CHILD SUPPORT CHANGES.
H 605: EXPAND SETOFF DEBT COLLECTION ACT.
H 614: ENACT VOLUNTEER HEALTH CARE SERVICES ACT (NEW).
H 637: ADOPTION LAW CHANGES.
H 660: NO IN PERSON SERVICE REQUIRED/50C ORDERS.
H 673: STREET GANG NUISANCE ABATEMENT.
H 690: AMEND EVIDENCE & DNA EXPUNCTION LAWS (NEW).
H 707: REGISTER OF DEEDS/DIRECTED TRUSTEES/ESTATES (NEW).
H 737: STRENGTHEN CHILD SAFETY LAWS/CARE FACILTIES.
H 778: AMEND INNOCENCE COMMISSION LAWS.
H 799: LICENSURE BY ENDORSEMENT/MILITARY SPOUSES.
H 813: BLDG. CODE INSPECTIONS/INDUSTRIAL MACHINERY (NEW).
H 821: ALLOW DOT TO USE RECYCLED ASPHALT.
H 843: MODERNIZE NC EMERGENCY MANAGEMENT ACT.
H 941: PSEUDOEPHEDRINE AMOUNT CLARIFICATIONS.
H 960: PROTECT HOMEOWNERS WITH UNDERWATER MORTGAGES.
H 968: TRANSFER EVIDENCE WAREHOUSE TO DPS.
H 1015: ECONOMIC DEVPT. & FINANCE CHANGES (NEW).
H 1021: JUSTICE REINVESTMENT CLARIFICATIONS.
H 1025: EXTEND TAX PROVISIONS.
H 1034: CONFIRM TAMARA NANCE TO INDUSTRIAL COMM.
H 1035: LICENSE PLATE BACKGROUND.
H 1055: ELIMINATE LME PROVIDER ENDORSEMENT.
H 1056: PARTNERSHIP FOR CHILDREN PARTICIPANT RECORDS.
H 1066: PASSING TITLE BY WILL.
H 1067: CO-OWNERS/UNEQUAL SHARES/SIMULTANEOUS DEATH.
H 1069: INTESTATE PROPERTY/CHILD'S YEAR'S ALLOWANCE.
H 1081: PROVISIONAL LICENSURE CHANGES MEDICAID.
H 1093: AGRICULTURAL REGULATORY REFORM.
H 1114: NCEMPA/USE OF RATE REVENUE.
H 1143: HONOR SHAW LADY BEARS BASKETBALL TEAM.
H 1179: INDIAN CUL. CTR/GOLF COURSE TERMINATE LEASES (NEW).
H 1191: RESOLUTION OF DISAPPROVAL OF REORGANIZATION.
H 1219: HONOR MEMBERS FOR THEIR SERVICE.
H 1222: NC SYMPHONY'S 80TH ANNIVERSARY
S 231: INCORPORATION/ETJ STUDY (NEW).
S 236: ADOPT STATE BUTTERFLY; FESTIVALS (NEW).
S 416: AMEND DEATH PENALTY PROCEDURES (NEW).
S 444: NONAPPROPRIATED CAPITAL PROJECTS (NEW).
S 518: LANDLORD/STATE BAR NOTICE OF LEASE DEFAULT (NEW).
S 612: STATE LEASED SPACE/PED STUDY (NEW).
S 798: VARIOUS EMERGENCY MANAGEMENT CHANGES.
S 803: RETIREMENT ADMINISTRATIVE CHANGES.
S 804: RETIREMENT TECHNICAL CHANGES.
S 815: REFORM WORKFORCE DEVELOPMENT.
S 816: BANKING LAW MODERNIZATION ACT.
S 826: REVENUE LAWS TECH., CLARIFYING, & ADMIN CHANGES.
S 828: UNEMPLOYMENT INSURANCE CHANGES.
S 836: IMPROVE PROPERTY INSURANCE RATE MAKING.
S 849: AMEND OFFICER SALARY CONTINUATION.
S 869: REMOVE RESTRICTION/FIREFIGHTER DISABILITY.
S 880: DEPT. OF PUBLIC SAFETY/TECH & OTHER CHANGES.
S 881: TRANSFER EVIDENCE WAREHOUSE TO DPS.
S 888: ETHICS REQUIREMENTS FOR MPOS/RPOS.
S 894: EXEMPT CERTAIN DRUGS FOR ANIMALS.
S 910: SALE OF A MINOR/FELONY OFFENSE (NEW).
S 929: FIREMEN'S RELIEF FUND/BOARD MEMBERSHIP (NEW).
Actions on Bills: 2012-06-07
H 296: SAMPSON-DELINQUENT TAXPAYERS (NEW).
H 322: HAYWOOD SCHOOL BOARD FILING PERIOD.
H 328: WAYNE SHERIFF VACANCIES.
H 437: NH COUNTY COMMISSIONERS ACCOUNTABILITY ACT.
H 511: GOLDSBORO-WAYNE AIRPORT AUTHORITY.
H 552: ASHEVILLE AIRPORT/WNC AG CENTER (NEW).
H 943: DAVIDSON COUNTY ANNEXATIONS.
H 956: ZONING/JOHNSTON COUNTY OPEN SPACE.
H 987: WAKE TECH BOARD OF TRUSTEES.
H 988: AVERASBORO TOWNSHIP TDA CHANGES.
H 991: JACKSON CO. OCCUPANCY TAX CHANGES.
H 1041: HIGH POINT/ARCHDALE BOUNDARIES.
H 1059: ASHEBORO TOWING.
H 1065: USE MOORE SCHOOL BUSES FOR 2014 US OPEN.
H 1071: WAKE SCHOOL BOARD ORGANIZATIONAL MEETING.
H 1082: NAGS HEAD CONVEYANCE.
H 1086: CLAY COUNTY COURTHOUSE.
H 1087: FONTANA DAM OCCUPANCY TAX.
H 1090: ORANGE-ALAMANCE REMAINING 9% BOUNDARY.
H 1107: GRANVILLE COUNTY ABC PROFITS DISTRIBUTION MOD.
H 1108: BUTNER PUBLIC SAFETY AUTHORITY CHANGES.
H 1109: DARE CAMA SETBACK REQ'TS/GRANDFATHER.
H 1110: MATTHEWS/STALLINGS BOUNDARY ADJUSTMENT.
H 1121: MECKLENBURG ABC STORES LABOR DAY 2012.
H 1122: MARTIN COUNTY FIRE DISTRICTS
H 1131: CARTERET COMMISSIONER ELECTION.
H 1133: REVISE PENDER COUNTY COMMISSIONER DISTRICTS.
H 1138: DAVIDSON COUNTY DESIGN-BUILD.
H 1169: TOWN OF BURGAW/DEANNEXATION.
H 1170: PENDER COUNTY ABC LAW.
H 1196: ALBEMARLE MENTAL HEALTH CENTER PROPERTY.
H 1197: ADD STOKES CTY TO TAX CERT BEFORE RECORDATION.
H 1200: WINSTON-SALEM/NEW BERN FIREFIGHTERS RETIRE (NEW).
H 1202: ROANOKE RAPIDS DEANNEX/HALIFAX N'HMPT AIRPORT.
H 1204: UNION COUNTY CONSTRUCTION METHODS.
H 1205: AMEND TRESPASS/GRANVILLE COUNTY.
H 1206: BUTNER BOUNDARY CLARIFICATION.
H 1207: GRANVILLE/PERSON LOCAL STORMWATER FEES.
H 1208: ROCKINGHAM LANDFILL FEE USE.
H 1209: ROCKINHAM LANDFILL FUND BALANCE.
H 1212: WAKE/CHATHAM LOCAL ACT (NEW).
H 1217: ASHEVILLE/WOODFIN BOUNDARY ADJUSTMENTS.
S 799: REPAIR GUILFORD LOCAL ACT.
S 830: IREDELL REGISTER OF DEEDS SATELLITE OFFICE.
S 900: SURF CITY DEANNEXATION.
S 901: OCEAN ISLE BEACH SATELLITE ANNEXATION.
S 906: NAGS HEAD CONVEYANCE.
S 918: AMEND DURHAM COUNTY OCCUPANCY TAX USES.
S 919: CARTERET COMMISSIONER ELECTION.
S 932: UNION COUNTY CONSTRUCTION METHODS.
S 934: LOWER CAPE FEAR DESIGN-BUILD.
S 939: FAYETTEVILLE REVIEW BOARD.
S 941: GRAHAM/SWAIN TVA ALLOCATION/BORDER.
S 942: FONTANA DAM OCCUPANCY TAX.
S 944: TOWN OF WALLACE/SATELLITE ANNEXATIONS.
S 945: MODIFY SOUTPORT OCCUPANCY TAX.
S 946: TOWN OF BURGAW/DEANNEXATION.
S 949: TOWN OF BOONE/ETJ.
© 2025 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.