The Daily Bulletin: 2012-06-11

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The Daily Bulletin: 2012-06-11

PUBLIC/HOUSE BILLS
H 177 (2011-2012) CLEAN ENERGY TRANSPORTATION ACT (NEW). Filed Feb 23 2011, TO MAKE CLARIFYING, CONFORMING, AND TECHNICAL AMENDMENTS TO VARIOUS LAWS RELATED TO THE ENVIRONMENT, ENERGY, AND NATURAL RESOURCES.

Senate amendment makes the following changes to 3rd edition. Provides that in coordinating the interagency task force’s study, the State Energy Office is to include environmental benefits in its cost-benefit analysis, include the cost of environmental considerations in its evaluation of the cost of alternative fueled vehicles, and take into consideration environmental impacts in making its recommendations as a result of the study.
Provides that all of the provisions of Part II, which establish the criteria for the operation of electric vehicle charging stations at state-owned rest stops along the highways, become effective March 1, 2013 (was, effective when the act becomes law). Amends the start date for the Department of Transportation to begin reporting on its implementation of operation of electric vehicle charging stations at state-owned rest stops to January 1, 2014 (was, January 1, 2013).

Intro. by Samuelson, McElraft.
H 199 (2011-2012) METAL THEFT PREVENTION ACT OF 2012 (NEW). Filed Mar 1 2011, REQUIRING ANY PERSON SEEKING RELIEF PURSUANT TO A DOMESTIC VIOLENCE PROTECTIVE ORDER TO INCLUDE IN THE COMPLAINT OR MOTION FILED WHETHER THE PERSON HAS PREVIOUSLY FILED AN ACTION OR MOTION FOR DOMESTIC VIOLENCE AGAINST THE DEFENDANT AND IF SO, THE DISPOSITION OF THAT ACTION.

Senate amendment makes the following changes to 3rd edition.
Amends GS 66-415(7) to clarify that regulated metals property does not include precious metals. Makes clarifying changes in proposed GS 66-416(b) to the records required for each purchase of regulated metals property by a secondary metals recycler. Deletes provision requiring any secondary metals recycler not convicted of a specified felony to hold and retain nonferrous metals for a certain amount of time. Increases the limitation on cash purchases from $50 to $100 for nonferrous metal property. Allows the revocation of a permit for six months if the owner or employees at a fixed site are convicted of three or more violations of proposed Part 3 within a ten-year period.
Makes other clarifying changes and makes a technical correction. Clarifies that pawnbroker licenses and permits to engage as a dealer purchasing precious metals that are valid on October 1, 2012 (was, December 1, 2012) will continue in force until their natural expiration, unless otherwise revoked or suspended under applicable law. Act applies to offenses committed on or after October 1, 2012 (was, December 1, 2012).

Intro. by Rhyne.
H 237 (2011-2012) 2012 WORKERS' COMPENSATION AMENDMENTS (NEW). Filed Mar 3 2011, TO REQUIRE ECONOMIC IMPACT STATEMENTS ON ALL BILLS THAT PROPOSE REGULATORY CHANGES, SIMILAR TO THE FISCAL NOTES THAT AGENCIES MUST PREPARE DURING RULE MAKING.

Senate amendment makes the following changes to 2nd edition. Provides that in spite of GS 97-31.1, which specifies the determination of the effective date for every act of the General Assembly that changes the benefits provided in GS Chapter 97, the North Carolina Workers’ Compensation Act, this act is effective when it becomes law. Provides that GS 97-25.6, as amended (reasonable access to medical information), applies to claims pending on or after the effective date. Provides that GS 97-27(b), as amended, applies to travel expenses incurred for examinations under that subsection on or after the effective date. Provides that GS 97-29(b), as amended, and GS 96-32.2(a), as amended, apply to compensable claims arising on or after June 24, 2011.

Intro. by Dollar, Rhyne, McElraft, Folwell.
H 490 (2011-2012) RENAME YADKIN RIVER BRIDGE. Filed Mar 28 2011, TO NAME THE YADKIN RIVER BRIDGE AT DAVIDSON AND ROWAN COUNTY LINES THE "YADKIN RIVER VETERANS MEMORIAL BRIDGE.”

Senate amendment makes the following change to 1st edition. Deletes provision authorizing the Department of Transportation to use $1,000 of appropriated funds for signage displaying the name of the Yadkin River Veterans Memorial Bridge.

Intro. by Steen, Carney, Dockham, Barnhart.Davidson, Rowan
H 819 (2011-2012) COASTAL MANAGEMENT POLICIES (NEW). Filed Apr 6 2011, TO AMEND LAWS RELATING TO OCEAN SETBACKS TO PROTECT THE PROPERTY RIGHTS OF HOMEOWNERS.

Senate committee substitute makes the following changes to 2nd edition.
Adds a section, enacting new GS 113A-107.1, to set out the process for the Coastal Resources Commission (Commission), with the Division of Coastal Management, to define and develop rates of sea-level rise for regulatory purposes. Requires the Commission to use statistically significant, peer-reviewed historical data generated from generally accepted scientific and statistical methods to determine the rates. Authorizes the Commission to use historic rates of sea-level rise to estimate future rates of rise, but prohibits consideration of accelerated rates of sea-level rise unless such rates come from statistically significant, peer-reviewed data and are consistent with historic trends. Requires the Commission to consider rates of sea-level rise for oceanfront shorelines, including the specified regions, independent from rates for estuarine shorelines, as specified. Requires all other state agencies and entities to use the Commission’s definitions and rates of sea-level rise in their policies. Encourages other state agencies, public entities, and academic institutions to engage in sea-level research for non-regulatory purposes. Specifies that all rules and regulations related to sea-level rise are subject to the Administrative Procedure Act.
Adds a section to designate 20 counties as coastal area counties as of July 1, 2012, in GS 113A-103(2).
Previous version prohibited the Commission from denying a development permit based on failure to meet the oceanfront setback under 15A NCAC 07H .0306(a)(2). New version directs the Commission to study the feasibility of creating an exception to the rule under similar circumstances. Directs the Commission to use the most recent erosion rates instead of the 1998 rates, and to report to specified parties by December 31, 2012.
Adds a section directing the Commission to study the feasibility of creating a new Area of Environmental Concern for the lands and waters adjacent to the mouth of the Cape Fear River. Provides details on the study and requires reporting by December 31, 2013.
Adds a section directing the Commission to study the feasibility of eliminating the Inlet Hazard Area of Environmental Concern and incorporating certain development standards into the Ocean Erodible Area of Environmental Concern. Provides additional details on the study and requires reporting by January 31, 2015.
Changes the bill title to AN ACT TO STUDY AND MODIFY CERTAIN COASTAL MANAGEMENT POLICIES.

Intro. by McElraft.
H 925/SL 2012-11 (2011-2012) ANNEXATION REFORM 2 (NEW). Filed May 4 2011, TO PROVIDE FOR THE CONVEYANCE OF A CITY WATER SYSTEM TO A METROPOLITAN SEWERAGE DISTRICT.

AN ACT TO REQUIRE A VOTE OF THE RESIDENTS PRIOR TO THE ADOPTION OF AN ANNEXATION ORDINANCE INITIATED BY A MUNICIPALITY. Summarized in Daily Bulletin 5/16/12. Enacted June 10, 2012. Effective July 1, 2012.

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

Senate amendment makes the following changes to 3rd edition. Deletes the amendment to GS 105-129.84(c), which allowed carryforwards by a taxpayer of any unused portion of a credit for a period of 20 years provided the Secretary of Commerce made a written determination that the taxpayer is expected to purchase or lease, and place in service in connection with an eligible business within a two-year period, at least the minimum investment amount of business and real property (was, at least $150,000). Defined a minimum investment amount to be $100 million for an eligible business in a development tier one area, and $150 million for any other eligible business.
Now provides that notwithstanding GS 10-129.84(c), if the Secretary of Commerce determines in writing that the taxpayer is expected to purchase or lease and place in service at least $100 million worth of business and property in a tier one area, in connection with an eligible business within a two-year period, any unused portion of a credit under Article 3J (tax credits for growing businesses) of GS Chapter 105 may be carried forward for the succeeding 20 years. Provides that if the taxpayer does not make the required investment, the five year carryforward applies. Effective beginning on or after January 1, 2012, and expires January 1, 2013.

Intro. by Howard, Starnes.
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.

Senate committee substitute makes the following changes to 2nd edition.
Adds new section enacting Part 2B, Behavioral Health Authority, in Article 4 of GS Chapter 122C to provide for the creation of behavioral health authorities. Authorizes the governing board of a local management entity (LME), which has been successfully operating as a managed care organization under a 1915(b)/(c) Medicaid Waiver for at least three years, to create a behavioral health authority, subject to approval by the Secretary of the Department of Health and Human Services, to manage resources for mental health, intellectual and other developmental disabilities, and substance abuse services. Requires the behavioral health authority to fulfill all listed purposes, including ongoing communication and coordination with other organized systems and maintaining a local presence. Specifies that the LME area board becomes the board of directors for the behavioral health authority, with terms and membership as detailed. Enumerates powers of the behavioral health authority, including the power to perform public relations and community advocacy functions and the power to acquire property.
Details the liability provisions applicable to persons serving as directors, trustees, and officers of a behavioral health authority. Specifies that the Local Government Budget and Fiscal Control Act, except for Part 1 (budgets), Part 2 (capital reserve funds), and Part 3 (fiscal control) of Article 3, applies to behavioral health authorities. Requires a behavioral health authority to appoint a finance officer and lists the officer’s powers. Sets forth additional provisions related to a behavioral health authority’s budget and provides for annual audits. Authorizes an authority to issue revenue bonds, borrow money, and purchase property under specified instruments. Permits the authority to enter into a contract for less than $5 million without approval by the Local Government Commission, except as detailed.
Requires a behavioral health authority to establish Local Consumer and Family Advisory Committees and adopt the state’s policy on clients’ rights. Provides that a behavioral health authority has the same duties and responsibilities for involuntary commitments as area authorities. Requires an authority to establish Medicaid grievance procedures and to comply with statutory provisions for consumer and provider appeals. States that an authority is not a disinterested public agent, may not serve as the guardian for an individual adjudicated incompetent, and may not contract with a third party to serve as guardian for an individual who receives or could receive behavioral healthcare managed by the authority. Provides for disclosure of competitive healthcare information, as defined, according to specified provisions. States that proposed Part 2B controls if inconsistent with other laws. Makes conforming changes to the definition of local management entity in GS 122C-3(21) and to GS 122C-115(a). Makes other conforming changes.
Amends GS 122C-118.1(b) to add as a member of an area board an administrator from a hospital providing mental health, developmental disabilities, and substance abuse emergency services to serve as a nonvoting member and participate only in board activities that are open to the public.
Deletes sections amending GS 153A-76 and GS 153A-77, which prohibited a county board of commissioners from consolidating an area mental health, developmental disabilities, and substance abuse board into a consolidated human services board, or from abolishing an area board.
Amends GS 122C-154 and GS 122C-121 to prohibit salary adjustments above the normal allowable salaries for area authority employees and directors without prior approval from the Director of the Office of State Personnel.
Makes technical changes to the bill title.

Intro. by Dollar, BurrGS 35A, GS 122C, GS 126, GS 153A
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.

House amendment makes the following changes to 2nd edition. Modifies the effective date to clarify that the amendment to GS 150B-21.2, requiring specified notice to the Board of Agriculture, applies to proposed rules for which a notice of text is published in the NC Register on or after August 1, 2012.

Intro. by Bradley, Dixon.
H 1223 (2011-2012) HONOR STATE LIBRARY'S 200TH ANNIVERSARY. Filed Jun 11 2012, HONORING THE STATE LIBRARY FOR PROVIDING SERVICE FOR TWO HUNDRED YEARS AND THOSE WHO PLAYED A ROLE IN THE LIBRARY'S SUCCESS.

As the title indicates.

Intro. by McLawhorn, Jeffus, Brubaker, Holloway.JOINT RES

The Daily Bulletin: 2012-06-11

PUBLIC/SENATE BILLS
S 229 (2011-2012) AMEND ENVIRONMENTAL LAWS 2012 (NEW). Filed Mar 7 2011, TO TRANSFER THE DIVISION OF SOIL AND WATER CONSERVATION AND THE SOIL AND WATER CONSERVATION COMMISSION OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND TO MAKE CONFORMING CHANGES.

House committee substitute makes the following changes to 2nd edition.
Deletes all provisions in the previous version and replaces them with a new act amending various environmental and natural resources laws as follows.
Amends GS 143-214.7(e) to require the Environmental Management Commission to include specified information on stormwater capture and reuse in the annual status report on stormwater control programs submitted to the Environmental Review Commission. Directs the Department of Environment and Natural Resources (DENR) to study reallocating the water supply in the John H. Kerr Reservoir from hydropower to water supply storage, as detailed, and to report to the Environmental Review Commission by June 1, 2014. Directs DENR to study possible contamination by degradable plastic products, as detailed, and to report to the Environmental Review Commission by January 15, 2013. Directs the Division of Public Health in the Department of Health and Human Services (DHHS) to hire staff, by October 1, 2012, to implement and analyze the Lead-Based Paint Hazard Management Program for Renovation, Repair, and Painting, and report to specified entities, as detailed, by January 31, 2013.
Enacts new subsection (b1) to GS 143-214.7A (stormwater control best management practices) to set out standards for stormwater from Type 1 solid waste compost facilities and clarify that the Division of Water Quality will only require water quality permits for such facilities if required by federal law. Makes clarifying changes to GS 143-214.7A(b), which sets out standards for other solid waste compost facilities. Enacts new subsections (c3) and (c4) to GS 143-214.7 (stormwater runoff rules and programs) to prohibit DENR from requiring stormwater control measures that provide standing water at public airports or at development projects within five miles of the edge of an airport operations area. Provides for replacement of existing controls with alternative measures. Enacts new subsection (d2) to GS 143-214.5 to require local governments to treat up to two non-contiguous properties as a single, contiguous property when determining compliance with the water supply watershed protection program, provided three specified property conditions are met.
Amends SL 2011-394 to clarify the conditions that must be met for a single-family residence to encroach on the buffer under the Neuse River Basin and Tar-Pamlico River Basin riparian buffer rules. Amends GS 143-215.8B to require the Environmental Management Commission to review and revise basinwide water quality management plans every ten years (rather than every five years), and makes conforming changes; makes conforming changes to GS 143-215.1(c6). Clarifies the definition for community water system in GS 130A-313(10)a. Authorizes DHHS to grant a variance from the setback distances from existing private drinking water wells after finding specified criteria, provided the well meets listed requirements. Provides for rule-making by the Commission for Public Health and sets out effective dates for the rules. Amends GS 20-183.2(c) to remove the Environmental Management Commission’s authority to add counties to those subject to a motor vehicle emissions inspection program and makes a conforming change to repeal GS 143-215.107A(d).
Enacts new subsection (b5) to GS 143-215.94B to allow the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund to cover costs to hold harmless any commercial underground storage tank that poses an imminent hazard to the environment if the owner or operator cannot be located or fails to take action within 90 days of notification. Amends GS 143-215.94G(d) to require the Secretary to seek reimbursement for these costs and for the costs spent from the Noncommercial Fund. Makes conforming changes. Prohibits the Coastal Resources Commission from denying, on the basis of the setback requirements in 15A NCAC 07H .0306(a)(2), a development permit for the replacement of a single-family or duplex residential dwelling with a floor area greater than 5,000 square feet, provided that the residential structure (1) was constructed before August 11, 2009, (2) does not exceed its original footprint, (3) meets the minimum setback required under 15A NCAC 07H .0306(a)(2)(A), (4) cannot be rebuilt to satisfy the specified ocean hazard setback, and (5) is rebuilt as far landward as feasible. Requires the Coastal Resources Commission to adopt temporary rules, as described, by October 1, 2012.
Amends GS 130A-309.57(c) to the adoption of rules to require permitted scrap tire collectors to contract only with processing facilities that confirm access to a facility to receive scrap tires and requires DENR to begin rule-making by October 1, 2012. Enacts new subsection (h1) to GS 130A-291.1 to require a permitted septage management firm to notify DENR within 10 days after the firm places a pumper truck in service that was not previously included in the firm’s permit and to make the truck available for inspection.
Amends Article 9 (Solid Waste Management) of GS Chapter 130A to consolidate certain DENR reporting requirements under GS 130A-294(i). Directs DENR to report to additional specified bodies by January 1 (was, October 1) each year on the hazardous waste management program, as detailed. Effective December 31, 2017, amends GS 130A-294(i), as amended by this act, to modify several reporting requirements related to mercury reduction. Recodifies GS 130A-310.2(b) (notification to legislators about inactive hazardous substance or waste disposal site) as new subsection (a1) in GS 130A-310.10, and requires reporting before October 1 (rather than January 1) each year. Amends GS 143-215.94M to make the report due November 1 (was, September 1) each year, and adds four entities that must receive the report on leaking petroleum underground storage tank cleanup. Makes conforming changes. Repeals GS 113A-35.1(b), which sets out the annual status report requirement for the management plan under GS 113A-35.1(a) on the segment of the New River. Amends GS 136-28.8(g) to modify a reporting requirement of the Division of Environmental Assistance and Outreach regarding recycled materials. Amends GS 159I-29(a) to add that the Office of State Budget and Management and the Division of Waste Management need not file a report if no funds are appropriated or available for loans under the Solid Waste Management Loan Program in that year. Adds the Fiscal Research Division to the list of entities receiving the Biennial State of the Environment report in GS 143B-279.5.
Requires the Commission for Public Health, by July 1, 2013, to adopt rules allowing landfill applicants to apply for permits to construct and permits to operate a phase of landfill development for up to 20 years and amend the permits to operate subsequent phases for up to 20 years, with permit reviews 5 years after issuance. Also requires rules for issuance of permits for up to 20 years for construction and operation of transfer stations. Requires DENR to review the fee schedule and report to the ERC by December 1, 2012.
Amends GS 106-202.19(a) to add five types of unlawful conduct related to galax and Venus flytrap under the Plant Protection and Conservation Act. Makes technical changes. Amends GS 113-135.1(a) to increase the fine from $10 to $25 for a violation of Wildlife Resources Commission rules. Applies to violations and offenses committed on or after October 1, 2012. Specifies that prosecutions for offenses committed before October 1, 2012 are not abated or affected, and statutes that would be applicable but for this act remain applicable.
Amends Marine Fisheries Commission advisory committees in GS 143B-289.57 as follows. Effective July 1, 2012, merges 2 standing advisory committees, reduces from 4 to 2 the number of regional advisory committees, and makes conforming changes to the Fishery Resource Grant Program in GS 113-200. Effective when the act becomes law, details term expiration dates and member requirements for the affected committees. Amends GS 143B-289.52 to provide that a supermajority of the Marine Fisheries Commission is six members, and a supermajority is required to override recommendations from the Division of Marine Fisheries related to overfishing.
Makes conforming changes to GS 77-92(a) and GS 77-93(b)(2).
Changes the bill title to reflect new content.

Intro. by East, Rouzer, Jackson.
S 416 (2011-2012) AMEND DEATH PENALTY PROCEDURES (NEW). Filed Mar 23 2011, PROVIDING THAT THE STATE AND LOCAL BOARDS OF EDUCATION SHALL USE THE MOST COST-EFFICIENT TIRE RETREADS ON AND PRESERVE CRITICAL TIRE INFORMATION FOR STATE VEHICLES AND SCHOOL BUSES, RESPECTIVELY.

House committee substitute makes the following changes to 3rd edition. Changes the title to AN ACT TO AMEND DEATH PENALTY PROCEDURES.
Amends GS 15-188 (manner and place of execution) to delete the requirement that the Governor and Council of State must approve of the execution protocols. Applies to executions scheduled after the effective date of this act.
Current law requires the state to give prior notice of the intent to try a case as a capital case and to comply with the time limits for the notice of intent to proceed with a capital case as stated in Rule 24 of the General Rules of Practice for the Superior and District Courts. Amends GS 15A-2004(b) to provide that the court may discipline or sanction the prosecution for failing to comply with the time requirements of Rule 24 but prohibits the court from declaring the case to be a non-capital case based on the failure to meet the Rule 24 time requirements. Requires that the court continue the case in order to avoid any prejudice to the defendant. Effective for Rule 24 hearings on or after the date this act becomes effective.
Amends GS 15A-2011 to define the time the sentence was sought or imposed, as the period from 10 years before the commission of the offense through the date that is two years after the imposition of the death penalty (was, the period 24 months before the commission of the offense through the date 24 months after the imposition of the death penalty). Adds that evidence relevant to establish a finding that race was a significant factor in decisions to seek or impose death may include statistical evidence derived from the county or prosecutorial district where the defendant was sentenced to death, or other evidence, that race was a significant factor in decisions to exercise peremptory challenges during jury selection.
Clarifies the repeal of GS 15A-2012 (hearing procedure under the Racial Justice Act, Article 101 of GS Chapter 15A).
Makes organizational changes.

Intro. by Harrington, Rabon, Forrester.
S 813 (2011-2012) DCR AND DENR/STUDY STATE ATTRACTIONS SAVINGS. Filed May 17 2012, TO REQUIRE THE DEPARTMENT OF CULTURAL RESOURCES AND THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY VARIOUS REVENUE ENHANCEMENTS AND POTENTIAL SAVINGS AT STATE HISTORIC SITES AND MUSEUMS, THE STATE ZOO, STATE PARKS, AND STATE AQUARIUMS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Senate committee substitute makes the following change to 1st edition.
Changes the reporting due date for the first report on the number of visitors per car used to calculate visitor counts at state parks from April 1, 2013, to October 1, 2013.

Intro. by Hartsell.
S 821 (2011-2012) STUDY AND AMEND FISHERIES LAWS (NEW). Filed May 17 2012, TO DIRECT THE DIRECTOR OF THE DIVISION OF MARINE FISHERIES OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE EXECUTIVE DIRECTOR OF THE WILDLIFE RESOURCES COMMISSION TO JOINTLY STUDY FEES ASSOCIATED WITH THE ISSUANCE OF COASTAL FISHING LICENSES AND THE NUMBERING AND TITLING OF VESSELS.

Senate committee substitute makes the following changes to 1st edition.
Adds the Deputy Secretary for Transit (Deputy Secretary) of the Department of Transportation to the list of parties studying coastal fishing license fees and the titling of vessels.
Adds new sections to direct the Executive Director of the Wildlife Resources Commission, the Director of the Division of Marine Fisheries in the Department of Environment and Natural Resources, and the Deputy Secretary to study the reorganization of fish and wildlife management. Requires reporting to the Legislative Research Commission Committee on Marine Fisheries by October 1, 2012. States the General Assembly’s intent to transfer the Marine Fisheries Commission to the Wildlife Resources Commission, and to merge the Division of Marine Fisheries and the Wildlife Resources Commission into a new Fish and Wildlife Resources Commission, effective July 1, 2013.
Adds new sections to enact new subsection (e) to GS 113-187 to prohibit any person from taking menhaden or Atlantic thread herring with a purse seine net from a mother ship and one or more runner boats in coastal fishing waters, and makes a violation a Class A1 misdemeanor. Makes a conforming change to repeal SL 2007-320. Applies to offenses committed on or after December 1, 2012.
Adds new sections to amend Marine Fisheries Commission advisory committees in GS 143B-289.57 as follows. Effective July 1, 2012, merges two standing advisory committees, reduces from four to two the number of regional advisory committees, and makes conforming changes to the Fishery Resource Grant Program in GS 113-200. Effective when the act becomes law, details term expiration dates and member requirements for the affected committees.
Adds a section amending GS 143B-289.52 to provide that a supermajority of the Marine Fisheries Commission is six members, and a supermajority is required to override recommendations from the Division of Marine Fisheries related to overfishing.
Makes conforming changes to the bill title.

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

Senate amendment makes the following changes to 2nd edition. Amends proposed GS 58-36-10(7), which adds a standard related to the cost of reinsurance to protect against catastrophic exposure within the state, to delete provisions that identify types of relevant information that may be considered in determining the provision to reflect the cost of reinsurance. Additionally deletes provision permitting the use of catastrophe models, and modeled or hypothetical reinsurance programs in determining the provision to reflect the cost of reinsurance. Deletes provision which authorized the Commissioner of Insurance to adopt rules providing information to be included in support of the provision to reflect the cost of reinsurance. Provides that rates may (was, shall) include a provision reflecting costs of reinsurance to protect against catastrophic exposure.

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

Senate committee substitute makes the following change to 1st edition.
Changes the act’s effective date from July 1, 2012, to July 1, 2013.

Intro. by Newton, Brown.
S 910 (2011-2012) SALE OF A MINOR/FELONY OFFENSE (NEW). Filed May 29 2012, TO CREATE THE CRIMINAL OFFENSE OF UNLAWFUL SALE, SURRENDER, OR PURCHASE OF A CHILD; TO APPROPRIATE FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY TO ASSIST WITH THE COST OF INCREASED PRISON BED CAPACITY; AND TO APPROPRIATE FUNDS TO THE NORTH CAROLINA CONFERENCE OF DISTRICT ATTORNEYS TO HELP EDUCATE INVESTIGATORS AND DISTRICT ATTORNEYS REGARDING THIS TYPE OF CRIMINAL ACTIVITY AND THE LEGAL RESOURCES AVAILABLE TO FIGHT THESE CRIMES AND TO CONDUCT A STUDY TO DETERMINE WHAT OTHER MEASURES MAY BE NEEDED TO STOP THIS TYPE OF CRIMINAL ACTIVITY.

Senate amendment makes the following changes to 1st edition. Deletes the appropriation to the Department of Public Safety to cover the costs of increased prison bed capacity. Deletes the appropriation to the NC Conference of District Attorneys (Conference) for educating investigators and district attorneys about the new law and conducting a study of additional measures that may be taken. Retains the requirement that the Conference study additional measures that may be taken to stop criminal activities involving the sale of children. Makes a conforming change to the bill title.

Intro. by Atwater.
S 958 (2011-2012) HONOR JIM FORRESTER. Filed Jun 11 2012, HONORING THE LIFE AND MEMORY OF JAMES SUMMERS "JIM" FORRESTER, SR., MD, FORMER MEMBER OF THE GENERAL ASSEMBLY.

As title indicates.

Intro. by Carney.JOINT RES

The Daily Bulletin: 2012-06-11

LOCAL/HOUSE BILLS
H 1071 (2011-2012) WAKE SCHOOL BOARD ORGANIZATIONAL MEETING. Filed May 22 2012, TO PROVIDE FOR THE DATE FOR THE ORGANIZATIONAL MEETING OF THE WAKE COUNTY BOARD OF EDUCATION TO BE GOVERNED BY GENERAL LAW.

House amendment makes the following changes to 1st edition. Changes the effective date to December 1, 2012 (was, effective when the act became law).

Intro. by Gill, Ross, Murry, Jackson.Wake
H 1212 (2011-2012) WAKE/CHATHAM LOCAL ACT (NEW). Filed May 30 2012, AS TO THE COUNTY OF CHATHAM 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 EMAIL ADDRESSES OF MINORS IN SUCH PROGRAMS.

House amendment makes the following changes to 2nd edition. Adds Apex, Fuquay-Varina, Holly Springs, and Raleigh to the scope of the act, and makes a conforming change to the bill title.

Intro. by Hackney.Chatham, Wake

The Daily Bulletin: 2012-06-11

ACTIONS ON BILLS

Actions on Bills: 2012-06-11

PUBLIC BILLS

H 149: TERRORISM/STATE OFFENSE.

    House: Concurred In S/Com Sub

H 176: REVIEW DV PROGRAM PARTICIPATION.

    House: Concurred In S/Com Sub

H 177: CLEAN ENERGY TRANSPORTATION ACT (NEW).

    Senate: Amend Adopted 1
    Senate: Passed 2nd & 3rd Reading
    Engrossed

H 199: METAL THEFT PREVENTION ACT OF 2012 (NEW).

    Senate: Amend Adopted 1
    Senate: Passed 2nd Reading

H 203: MORTGAGE SATISFACTION FORMS/NO FALSE LIENS (NEW).

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

H 235: AMEND GROUNDS/TERMINATION OF PARENTAL RIGHTS (NEW).

    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012

H 237: 2012 WORKERS' COMPENSATION AMENDMENTS (NEW).

    Senate: Amend Adopted 1
    Senate: Passed 2nd Reading

H 244: STATE HEALTH PLAN/ADD SCHOOLS; WHISTLEBLOWERS (NEW).

    House: Rec To Concur S Com Sub
    House: Ref To Com On Insurance

H 261: INTRASTATE MOTOR CARRIER MARKINGS.

    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012

H 302: CHARITABLE LICENSING EXEMPTION CLARIFICATION.

    Signed By Gov. 6/11/2012
    Ch. SL 2012-15

H 345: MODIFY MOVE OVER LAW.

    Signed By Gov. 6/11/2012
    Ch. SL 2012-14

H 423: CH. PROTECT. SERV./CH. CARE SUB./RENT EXEMPT (NEW).

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

H 438: ACCOUNTABLE CO. COMMS./EXPAND LOC. BD. AUTH.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

H 462: CONTINGENCY CONTRACTS FOR AUDITS/ASSESSMENTS (NEW).

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/12/2012

H 483: DNA SAMPLES/ADDITIONAL FELONIES.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Appropriations/Base Budget

H 490: RENAME YADKIN RIVER BRIDGE.

    Senate: Amend Adopted 1
    Senate: Passed 2nd & 3rd Reading

H 493: LANDLORD TENANT LAW CHANGES.

    Signed By Gov. 6/11/2012
    Ch. SL 2012-17

H 589: DIVORCE/DVPO/CHILD SUPPORT CHANGES.

    Signed By Gov. 6/11/2012
    Ch. SL 2012-20

H 614: ENACT VOLUNTEER HEALTH CARE SERVICES ACT (NEW).

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2012

H 637: ADOPTION LAW CHANGES.

    Signed By Gov. 6/11/2012
    Ch. SL 2012-16

H 660: NO IN PERSON SERVICE REQUIRED/50C ORDERS.

    Signed By Gov. 6/11/2012
    Ch. SL 2012-19

H 707: REGISTER OF DEEDS/DIRECTED TRUSTEES/ESTATES (NEW).

    Signed By Gov. 6/11/2012
    Ch. SL 2012-18

H 737: STRENGTHEN CHILD SAFETY LAWS/CARE FACILTIES.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

H 741: LAW ENFORCEMENT/EMERGENCY VEHICLE LENGTH (NEW).

    House: Placed On Cal For 6/12/2012

H 813: BLDG. CODE INSPECTIONS/INDUSTRIAL MACHINERY (NEW).

    Senate: Passed 2nd & 3rd Reading

H 819: COASTAL MANAGEMENT POLICIES (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 843: MODERNIZE NC EMERGENCY MANAGEMENT ACT.

    Signed By Gov. 6/11/2012
    Ch. SL 2012-12

H 925: ANNEXATION REFORM 2 (NEW).

    Became Law w/o Signature

H 952: STATE AIR TOXICS PROGRAM REFORMS.

    Senate: Reptd Fav

H 966: TEACHER PREPAYMENT & SALARY/PRE-K ELIGIBILITY (NEW).

    Signed By Gov. 6/11/2012
    Ch. SL 2012-13

H 1007: RESOLUTION HONORING SPC ELLIOTT.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012

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

    Senate: Amend Adopted 2
    Senate: Passed 3rd Reading
    Engrossed

H 1021: JUSTICE REINVESTMENT CLARIFICATIONS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

H 1025: EXTEND TAX PROVISIONS.

    House: Rec To Concur In S Amend 1
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012

H 1035: LICENSE PLATE BACKGROUND.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

H 1055: ELIMINATE LME PROVIDER ENDORSEMENT.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

H 1056: PARTNERSHIP FOR CHILDREN PARTICIPANT RECORDS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

H 1066: PASSING TITLE BY WILL.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

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

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

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

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

H 1075: LME/MCO GOVERNANCE

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 6/19/2012

H 1081: PROVISIONAL LICENSURE CHANGES MEDICAID.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

H 1085: STATE HEALTH PLAN/STATUTORY CHANGES.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012

H 1093: AGRICULTURAL REGULATORY REFORM.

    House: Amend Adopted 1
    House: Passed 2nd & 3rd Reading

H 1143: HONOR SHAW LADY BEARS BASKETBALL TEAM.

    House: Adopted

H 1179: INDIAN CUL. CTR/GOLF COURSE TERMINATE LEASES (NEW).

    House: Postponed To 6/13/2012

H 1191: RESOLUTION OF DISAPPROVAL OF REORGANIZATION.

    House: Withdrawn From Cal
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 1219: HONOR MEMBERS FOR THEIR SERVICE.

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1223: HONOR STATE LIBRARY'S 200TH ANNIVERSARY.

    House: Filed

S 229: AMEND ENVIRONMENTAL LAWS 2012 (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012

S 231: INCORPORATION/ETJ STUDY (NEW).

    House: Postponed To 6/14/2012
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 236: ADOPT STATE BUTTERFLY; FESTIVALS (NEW).

    Ratified

S 416: AMEND DEATH PENALTY PROCEDURES (NEW).

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012

S 518: LANDLORD/STATE BAR NOTICE OF LEASE DEFAULT (NEW).

    House: Passed 2nd & 3rd Reading

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

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 815: REFORM WORKFORCE DEVELOPMENT.

    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate
    House: Passed 1st Reading
    House: Re-ref Com On Commerce and Job Development

S 816: BANKING LAW MODERNIZATION ACT.

    Senate: Concurred In H/com Sub

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

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

S 828: UNEMPLOYMENT INSURANCE CHANGES.

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

S 836: IMPROVE PROPERTY INSURANCE RATE MAKING.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/11/2012
    Senate: Amend Adopted 1
    Senate: Passed 2nd & 3rd Reading
    Engrossed

S 868: WILDLIFE LICENSES/ELIMINATE PENALTY.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 869: REMOVE RESTRICTION/FIREFIGHTER DISABILITY.

    House: Withdrawn From Com
    House: Ref To Com On State Personnel

S 881: TRANSFER EVIDENCE WAREHOUSE TO DPS.

    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate
    House: Passed 1st Reading
    House: Re-ref Com On Judiciary Subcommittee A

S 910: SALE OF A MINOR/FELONY OFFENSE (NEW).

    Senate: Amend Adopted 1
    Senate: Passed 2nd & 3rd Reading
    Engrossed

S 958: HONOR JIM FORRESTER.

    Senate: Filed

Actions on Bills: 2012-06-11

LOCAL BILLS

H 296: SAMPSON-DELINQUENT TAXPAYERS (NEW).

    House: Concurred In S/Com Sub

H 322: HAYWOOD SCHOOL BOARD FILING PERIOD.

    Senate: Passed 2nd & 3rd Reading

H 328: WAYNE SHERIFF VACANCIES.

    House: Concurred In S/Com Sub

H 511: GOLDSBORO-WAYNE AIRPORT AUTHORITY.

    House: Concurred In S/Com Sub

H 943: DAVIDSON COUNTY ANNEXATIONS.

    House: Passed 2nd & 3rd Reading

H 956: ZONING/JOHNSTON COUNTY OPEN SPACE.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

H 987: WAKE TECH BOARD OF TRUSTEES.

    House: Passed 2nd & 3rd Reading

H 991: JACKSON CO. OCCUPANCY TAX CHANGES.

    House: Passed 2nd & 3rd Reading

H 1059: ASHEBORO TOWING.

    House: Passed 2nd & 3rd Reading

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

    Senate: Passed 2nd & 3rd Reading

H 1071: WAKE SCHOOL BOARD ORGANIZATIONAL MEETING.

    House: Amend Adopted 1
    House: Passed 2nd & 3rd Reading

H 1086: CLAY COUNTY COURTHOUSE.

    House: Postponed To 6/13/2012

H 1087: FONTANA DAM OCCUPANCY TAX.

    House: Passed 2nd Reading

H 1091: ORANGE GRANTS FOR BROADBAND.

    House: Withdrawn From Com
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 1107: GRANVILLE COUNTY ABC PROFITS DISTRIBUTION MOD.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012

H 1108: BUTNER PUBLIC SAFETY AUTHORITY CHANGES.

    House: Passed 2nd & 3rd Reading

H 1109: DARE CAMA SETBACK REQ'TS/GRANDFATHER.

    House: Postponed To 6/12/2012

H 1131: CARTERET COMMISSIONER ELECTION.

    House: Passed 2nd & 3rd Reading

H 1133: REVISE PENDER COUNTY COMMISSIONER DISTRICTS.

    House: Passed 2nd & 3rd Reading

H 1138: DAVIDSON COUNTY DESIGN-BUILD.

    House: Passed 2nd & 3rd Reading

H 1196: ALBEMARLE MENTAL HEALTH CENTER PROPERTY.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012

H 1197: ADD STOKES CTY TO TAX CERT BEFORE RECORDATION.

    House: Passed 2nd & 3rd Reading

H 1204: UNION COUNTY CONSTRUCTION METHODS.

    House: Passed 2nd & 3rd Reading

H 1205: AMEND TRESPASS/GRANVILLE COUNTY.

    House: Passed 2nd & 3rd Reading

H 1212: WAKE/CHATHAM LOCAL ACT (NEW).

    House: Amend Adopted 1
    House: Passed 2nd Reading

S 799: REPAIR GUILFORD LOCAL ACT.

    House: Passed 2nd & 3rd Reading

S 830: IREDELL REGISTER OF DEEDS SATELLITE OFFICE.

    House: Passed 2nd & 3rd Reading

S 905: CURRITUCK CAMA SETBACK REQ'TS./GRANDFATHER.

    Senate: Reptd Fav

S 906: NAGS HEAD CONVEYANCE.

    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate
    House: Passed 1st Reading
    House: Ref To Com On Government

S 919: CARTERET COMMISSIONER ELECTION.

    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate
    House: Passed 1st Reading
    House: Ref To Com On Government

S 932: UNION COUNTY CONSTRUCTION METHODS.

    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate
    House: Passed 1st Reading
    House: Ref To Com On Government

S 934: LOWER CAPE FEAR DESIGN-BUILD.

    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate
    House: Passed 1st Reading
    House: Ref To Com On Government

S 939: FAYETTEVILLE REVIEW BOARD.

    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate
    House: Passed 1st Reading
    House: Re-ref Com On Government

S 949: TOWN OF BOONE/ETJ.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Finance

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