The Daily Bulletin: 2012-06-12

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The Daily Bulletin: 2012-06-12

PUBLIC/HOUSE BILLS
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, as amended.
Specifies that the term nonferrous metals does not include precious metals and makes a conforming change. Clarifies that it is unlawful to transport or possess more than 25 pounds of copper (was, nonferrous metals) on the state highways, unless an exception applies. Makes conforming changes. Makes organizational and clarifying changes to the provisions setting out limitations on and requirements for cash purchases. Clarifies that the court may order a defendant to make restitution for a violation of a specified provision (was, a violation of proposed Part 3). Restores language previously modified by amendment #1 in proposed GS 14-159.4(c)(1), concerning punishments for default. Makes additional clarifying changes to the punishment provisions.

Intro. by Rhyne.
H 302 (2011-2012) CHARITABLE LICENSING EXEMPTION CLARIFICATION. Filed Mar 9 2011, TO BROADEN THE EXEMPTION FROM CHARITABLE SOLICITATION LICENSING REQUIREMENTS FOR CERTAIN NONPROFIT ADULT RESIDENTIAL TREATMENT FACILITIES.

AN ACT TO BROADEN THE EXEMPTION FROM CHARITABLE LICENSING REQUIREMENTS FOR CERTAIN NONPROFIT ADULT RESIDENTIAL TREATMENT FACILITIES AND TO EXTEND THE SUNSET ON A WAIVER RELATING TO ALTERNATIVE STAFFING REQUIREMENTS FOR FACILITIES THAT USE ELECTRONIC SUPERVISION DEVICES. Summarized in Daily Bulletin 3/9/11, 4/14/11, and 5/30/12. Enacted June 11, 2012. Effective July 1, 2012.

Intro. by Earle, Samuelson.
H 345/SL 2012-14 (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.

AN ACT TO MODIFY THE MOVE-OVER LAW TO INCLUDE ALL HIGHWAY MAINTENANCE VEHICLES AND UTILITY VEHICLES. Summarized in Daily Bulletin 3/14/11, 5/11/11, and 5/23/12. Enacted June 11, 2012. Effective October 1, 2012.

Intro. by Randleman.
H 462 (2011-2012) CONTINGENCY CONTRACTS FOR AUDITS/ASSESSMENTS (NEW). Filed Mar 24 2011, TO STUDY THE ADEQUACY OF CURRENT CONSUMER PROTECTIONS FOR BUSINESS OPPORTUNITY AND FRANCHISE SALES.

Senate amendment makes the following changes to 2nd edition. Amends proposed language in GS 116B-8 to allow the Treasurer to contract with a person on a contingent fee basis to perform audits of life insurance companies if the audit is being conducted to identify unclaimed death benefits or unredeemed bond funds.

Intro. by McCormick.
H 493/SL 2012-17 (2011-2012) LANDLORD TENANT LAW CHANGES. Filed Mar 28 2011, AMENDING THE LAWS RELATED TO LANDLORD TENANT RELATIONSHIPS.

AN ACT AMENDING THE LAWS RELATED TO LANDLORD TENANT RELATIONSHIPS AND ESTABLISHING A PROCESS WHEREBY A LANDLORD MAY REMOVE FROM A RESIDENTIAL DWELLING UNIT TANGIBLE PERSONAL PROPERTY BELONGING TO A DECEASED TENANT AFTER FILING AN AFFIDAVIT WITH THE CLERK OF COURT IN THE COUNTY IN WHICH THE RESIDENTIAL DWELLING UNIT IS LOCATED. Summarized in Daily Bulletin 3/29/11, 5/9/11, and 5/31/12. Enacted June 11, 2012. Effective October 1, 2012.

Intro. by Howard, Blust, Randleman.
H 589/SL 2012-20 (2011-2012) DIVORCE/DVPO/CHILD SUPPORT CHANGES. Filed Apr 4 2011, TO ELIMINATE THE PROVISION OF LAW THAT STATES ALLEGATIONS IN A DIVORCE COMPLAINT ARE DEEMED DENIED REGARDLESS OF WHETHER THE DEFENDANT FILES A PLEADING DENYING THE ALLEGATIONS, AND TO AMEND THE LAWS RELATING TO DOMESTIC VIOLENCE PROTECTIVE ORDERS, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION; AND TO PROVIDE FOR TERMINATION OF CHILD SUPPORT WHEN A CHILD IS ENROLLED IN AN EARLY COLLEGE PROGRAM.

AN ACT TO AMEND THE LAWS RELATING TO DOMESTIC VIOLENCE PROTECTIVE ORDERS, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION; AND TO PROVIDE FOR TERMINATION OF CHILD SUPPORT WHEN A CHILD IS ENROLLED IN AN EARLY COLLEGE PROGRAM. Summarized in Daily Bulletin 4/4/11, 5/4/11, 5/10/11, and 5/31/12. Enacted June 11, 2012. Effective October 1, 2012.

Intro. by Stevens.
H 637 (2011-2012) ADOPTION LAW CHANGES. Filed Apr 5 2011, TO AMEND THE LAWS APPLICABLE TO ADOPTIONS, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION.

AN ACT TO AMEND THE LAWS APPLICABLE TO ADOPTIONS, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION. Summarized in Daily Bulletin 4/5/11, 4/21/11, and 5/29/12. Enacted June 11, 2012. Effective October 1, 2012.

Intro. by Jordan.
H 660 (2011-2012) NO IN PERSON SERVICE REQUIRED/50C ORDERS. Filed Apr 6 2011, ALLOWING A RESPONDENT IN AN ACTION FOR A CIVIL NO CONTACT ORDER TO BE SERVED BY MEANS OTHER THAN SERVICE IN PERSON BY A SHERIFF.

AN ACT ALLOWING A RESPONDENT IN AN ACTION FOR A CIVIL NO CONTACT ORDER TO BE SERVED BY MEANS OTHER THAN SERVICE IN PERSON BY A SHERIFF. Summarized in Daily Bulletin 4/6/11. Enacted June 11, 2012. Effective June 11, 2012.

Intro. by Stevens.
H 707/SL 2012-18 (2011-2012) REGISTER OF DEEDS/DIRECTED TRUSTEES/ESTATES (NEW). Filed Apr 6 2011, TO MODERNIZE AND ENACT CERTAIN PROVISIONS REGARDING DEEDS OF TRUST, INCLUDING RELEASES, SHORT SALES, FUTURE ADVANCE PROVISION TERMINATIONS AND SATISFACTIONS, TERMINATIONS AND SATISFACTIONS FOR EQUITY LINE LIENS, RELEASE OF ANCILLARY DOCUMENTS, ELIMINATING TRUSTEE OF DEED OF TRUST AS NECESSARY PARTY FOR CERTAIN TRANSACTIONS AND LITIGATION, AND INDEXING OF SUBSEQUENT INSTRUMENTS RELATED THERETO.

AN ACT TO ELIMINATE OBSOLETE REGISTER OF DEEDS PROVISIONS FROM THE GENERAL STATUTES, TO AMEND LOCAL AGENCY CHARGES FOR VITAL RECORDS SEARCHES, TO CLARIFY THE LAW GOVERNING PERSONS HOLDING THE POWER TO DIRECT TRUSTEES, TRUST PROTECTORS, AND DIRECTED TRUSTEES AND OTHER FIDUCIARIES, TO MAKE TECHNICAL CHANGES IN THE LAW GOVERNING TRUSTS AND DECEDENTS' ESTATES, AND TO AUTHORIZE THE REVISOR OF STATUTES TO PRINT OFFICIAL COMMENTS TO THE UNIFORM TRUST CODE. Summarized in Daily Bulletin 6/4/12. Enacted June 11, 2012. Sections 1.1–1.24 and Sections 2.1 and 2.2 are effective July 1, 2012. The remainder is effective June 11, 2012.

Intro. by Rhyne.
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 amendment makes the following changes to 3rd edition. Modifies the provision requiring the Coastal Resources Commission to study creating a new Area of Environmental Concern in the Cape Fear River area as follows: (1) requires studying creating a new area for the land (was, lands and waters) adjacent to the mouth of the Cape Fear River; (2) removes the public trust waters in the mouth of the river and its associated shoals and ebb tidal deltas from the areas included in the region; and (3) no longer requires consideration of how the area is impacted by the US Army Corps of Engineers activities related to the Port of Wilmington and its federally authorized channels.

Intro. by McElraft.
H 843/SL 2012-12 (2011-2012) MODERNIZE NC EMERGENCY MANAGEMENT ACT. Filed Apr 6 2011, TO MODERNIZE THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT AND RELATED STATUTES.

AN ACT TO MODERNIZE THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT AND RELATED STATUTES. Summarized in Daily Bulletin 4/8/11, 5/24/11, 5/31/12, and 6/5/12. Enacted June 11, 2012. Effective October 1, 2012.

Intro. by Martin.
H 941 (2011-2012) PSEUDOEPHEDRINE AMOUNT CLARIFICATIONS. Filed May 16 2012, TO CLARIFY THE APPROPRIATE MEASUREMENT OF PSEUDOEPHEDRINE PRODUCTS FOR PURPOSES OF THE PSEUDOEPHEDRINE TRANSACTION LIMITS, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON METHAMPHETAMINE ABUSE.

Senate amendment makes the following changes to 1st edition. Amends GS 90-113.52(c) to direct a retailer of a pseudoephedrine product sold at retail, without a prescription, to a person 18 years or older, to require that the buyer provide (1) a valid, unexpired, government-issued photo identification, and (2) a current valid personal residential address in print or orally (was, required every retail purchaser to provide only photo identification). Also clarifies the electronic record-keeping requirements for pseudoephedrine products, removing the specifics concerning a statement to be included in an electronic form. Makes conforming changes to the title.

Intro. by Horn.
H 950 (2011-2012) MODIFY 2011 APPROPRIATIONS ACT. Filed May 16 2012, TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2011 AND FOR OTHER PURPOSES.

Senate committee substitute and committee amendments make numerous changes to the 3rd edition. We will not be including a summary of the Senate’s version of the Appropriations Act. For the content of the bill, please follow the link included in the bill’s short title above. Further information on the budget, including the committee report, can also be found on the “News” section of the General Assembly’s website at: http://www.ncleg.net/gascripts/News/NewsArchive.pl.

Intro. by Brubaker.
H 957 (2011-2012) AUTHORIZE VARIOUS SPECIAL PLATES (NEW). Filed May 16 2012, TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO PRODUCE A SPECIAL PLATE TO BENEFIT THE NORTH CAROLINA TRANSPORTATION MUSEUM.

House committee substitute makes the following changes to 2nd edition.
Amends GS 20-79.4(b) to authorize the Division of Motor Vehicles to issue a special Municipality Plate, contingent on the receipt of at least 300 applications. Requires transfer of $10 of the $20 plate fee to the municipality represented on the plate. Deletes the authority to issue a town of Matthews plate. Makes conforming and clarifying changes. Changes the act’s effective date from July 1, 2012, to when the act becomes law.

Intro. by H. Warren, Cleveland.
H 964 (2011-2012) NC LONGITUDINAL DATA SYSTEM (NEW). Filed May 16 2012, TO PROVIDE THAT PRIVATE COLLEGES AND UNIVERSITIES, NONPUBLIC SCHOOLS, AND THE NORTH CAROLINA INDEPENDENT COLLEGES AND UNIVERSITIES ARE NOT LIABLE FOR A BREACH OF CONFIDENTIALITY CAUSED BY THE ACT OR OMISSION OF A STATE AGENCY, LOCAL SCHOOL ADMINISTRATIVE UNIT, COMMUNITY COLLEGE, OR CONSTITUENT INSTITUTION OF THE UNIVERSITY OF NORTH CAROLINA, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON EDUCATION REFORM.

House committee substitute makes the following changes to 1st edition. Adds a new section, GS Chapter 116E, Education Longitudinal Data System, which establishes the NC Longitudinal Data System and Board (Board) as the governing body for the North Carolina Longitudinal Data System. Provides definitions for terms as used in this chapter. Identifies the requirements for the 17 designated members of the Board and appointments to the Board. Sets out term lengths, the rules governing filling vacancies and other operational details for the Board. Sets out the powers and duties of the Board. Requires that appointments to the Board be made by the appointing entity no later than August 1, 2012. Directs the Data System to be fully operational by July 1, 2014. Charges the Board with evaluating and reporting to the Joint Legislative Oversight Committee on specified issues regarding establishing the Data System by January 15, 2013.
Creates the North Carolina Longitudinal Data System (Data System). Declares that the Data System is located administratively in the Department of Public Instruction (DPI) but authorizes the Data System to exercise its powers and duties independently of DPI and the State Board of Education. Provides that the Data System is an authorized representative of DPI, the University of North Carolina, and the North Carolina System of Community Colleges under applicable state and federal statues for the purposes of accessing and compiling student record information for research purposes.
States that the purpose of the Data System is to (1) facilitate and enable the exchange of student data among state agencies and institutions; (2) generate timely and accurate student performance information to be used to improve the state’s education system and provide guidance to decision makers; and (3) facilitate and enable linking student data and workforce data. Limits the linking of student data and workforce data to no longer than five years from the date the student completes secondary education or the date of the student’s most recent attendance at an institution of higher learning, whichever is later. Identifies the functions and duties of the Data System. Provides that the Data System may receive funding from state appropriations, and grants from community, state, private, and federal entities.
Directs local school administrative units, charter schools, community colleges, the constituent institutions of the University of North Carolina, and state agencies to comply in data sharing. Provides that private post-secondary institutions, the NC Independent Colleges and Universities, Inc., and nonpublic schools may participate in the data sharing.
Amends GS 105-259(b) to allow the disclosure of tax information to the Data System. Prohibits including information allowing specific taxpayers to be identified in the tax information provided.
Amends the title to reflect the addition of new GS Chapter 116E.

Intro. by Blackwell, Holloway, Johnson, Jordan.
H 966/SL 2012-13 (2011-2012) TEACHER PREPAYMENT & SALARY/PRE-K ELIGIBILITY (NEW). Filed May 16 2012, TO REPEAL THE PROHIBITION ON TEACHER PREPAYMENT PROVISION IN THE SCHOOL AND TEACHER PAPERWORK REDUCTION ACT OF 2011, AS RECOMMENDED BY THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE.

AN ACT TO REPEAL THE PROHIBITION ON TEACHER PREPAYMENT, CLARIFY ELIGIBILITY FOR THE NC PRE-K PROGRAM, AND ENACT 2012-2013 SALARY SCHEDULES FOR TEACHERS AND SCHOOL ADMINISTRATORS. Summarized in Daily Bulletin 5/16/12 and 5/31/12. Enacted June 11, 2012. Section 2 is effective June 11, 2012. The remainder is effective July 1, 2012.

Intro. by Holloway, Johnson, Blackwell, Hilton.
H 989 (2011-2012) PERMANENT LICENSE PLATES. Filed May 16 2012, TO LIMIT ELIGIBILITY FOR PERMANENT REGISTRATION PLATES TO GOVERNMENTAL ENTITIES, AND TO REFORM THE PROCESS BY WHICH ELIGIBLE ENTITIES APPLY FOR AND ARE ISSUED PERMANENT REGISTRATION PLATES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION.

House committee substitute makes the following changes to 1st edition.
Restores the Division of Motor Vehicles’ authority to issue permanent registration plates for motor vehicles owned by (1) the civil air patrol, (2) an incorporated emergency rescue squad, (3) a rural fire department, agency, or association, or (4) a local chapter of the American National Red Cross. Makes a conforming change to the bill title.

Intro. by Howard.
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.

House amendment makes the following changes to 2nd edition.
Clarifies that the changes repealing the optional program of long-term care benefits, and requiring transfer of administrative fees to the Public Employee Health Benefit Fund are effective January 1, 2013 (was, July 1, 2012).

Intro. by Dollar.
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.

House committee substitute makes the following changes to 1st edition.
Adds a section, amending GS 106-831(a)(22), to specify that the Speaker of the House of Representatives will appoint a representative from the Conservation Trust of NC (rather than the Farm Transition Network) to serve on the Sustainable Local Food Advisory Council.

Intro. by Sanderson, LaRoque.
H 1224 (2011-2012) HONOR BILL IVES. Filed Jun 12 2012, HONORING THE LIFE AND MEMORY OF WILLIAM MANER "BILL" IVES, FORMER MEMBER OF THE GENERAL ASSEMBLY.

As title indicates.

Intro. by Walend, Brubaker, McGrady, M. Alexander.JOINT RES

The Daily Bulletin: 2012-06-12

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 amendments make the following changes to 3rd edition.
Amendment #1 provides that permits to construct and permits to operate subsequent phases of landfill development for up to 20 years must be subject to limited review at five year intervals after the issuance of the initial permits (was, five years after the issuance of the initial permits).
Amendment #2 makes a technical correction to new subsection (b5) to GS 143-215.94B.
Amendment #3 adds the following clause to the title: (23) PROVIDE THAT FUNDS RECEIVED IN SETTLEMENT OF THE LAWSUIT FILED BY THE STATE AGAINST THE TENNESSEE VALLEY AUTHORITY BE USED EXCLUSIVELY IN CERTAIN COUNTIES. Makes necessary changes in the numbering and punctuation of the clauses in the title to accommodate the addition. Also inserts a new Part XXIV: Use of TVA Settlement Funds. Provides that the settlement funds received by North Carolina via the Consent Decree in the State of Alabama et. al. v. Tennessee Valley Authority must be used exclusively to award grants for Environmental Mitigation Projects as specified in paragraph 128 of the Consent Decree in the specified counties. Makes necessary adjustments in the numbering of the Parts of this act.

Intro. by East, Rouzer, Jackson.
S 724 (2011-2012) AN ACT TO IMPROVE PUBLIC EDUCATION. Filed Apr 19 2011, TO IMPLEMENT VARIOUS EDUCATION REFORMS.

House committee substitute makes the following changes to 2nd edition.
Current law requires that the program of study for lateral entry teachers provided by the State Board of Community Colleges must meet standards set by the State Board of Education (SBE). Amends GS 115C-296(c1) to specify coursework, assessment, and preparation standards to be set by the SBE to ensure that programs for lateral entry teachers meet rigorous academic standards, remain current, and reflect a course of study that is aligned with state and national teacher education requirements.
Deletes the provision which calls for the lengthening of the school day and of the school year in certain schools.
Under current law, GS 115C-107.7(c) provides that a local education agency has a basis of knowledge of a child’s need for special education services based on a child’s behavior and performance prior to a behavior that necessitates a disciplinary action. GS 115C-107.7(c) is set to expire on June 1, 2013. Removes the sunset date for this provision.
Changes the reporting date for the State Board of Education’s study on graduation requirements for students who do not plan to engage in post-secondary education to March 15, 2013 (was, March 15, 2012).
Adds a section on statewide education initiatives. Directs the SBE to implement, by August 31, 2014, the statewide education reform initiatives described in the state’s successful Race to the Top application. Specifies the initiatives to be implemented. Directs the SBE to report its progress toward implementing the specified initiatives to the Joint Education Oversight Committee by September 15, 2012 and bi-annually thereafter through September 15, 2014. Provides that this section expires as of July 1, 2014 but permits the SBE to continue any initiatives identified in this section if it continues to receive funding for the initiatives. Renumbers the bill sections accordingly.

Intro. by Stein, Tillman.
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.

House committee substitute makes the following changes to 1st edition.
Adds a section, amending GS 136-18 by adding a new subdivision (42) to codify the provisions in Executive Order No. 2 that require the Department of Transportation (DOT) to develop and utilize a strategic prioritization process for the selection of transportation projects. Also requires a process for standardizing or approving local methods used in metropolitan planning organization and rural transportation planning organization prioritization.
Adds a section, enacting 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.
Makes conforming changes to the bill title.

Intro. by Rabon, Harrington.
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.

House committee substitute makes the following changes to 2nd edition. Deletes proposed amendment to GS 20-7(n) that would have removed the requirement that a driver’s license include the applicant’s race, at the applicant’s request.
Adds sections amending GS 136-4, 136-18.3, 136-64.1, 136-89.59, and 136-89.194 to replace the term State Highway Administrator with the term Chief Engineer.
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.
Makes conforming changes to the bill title.

Intro. by Rabon.

The Daily Bulletin: 2012-06-12

LOCAL/HOUSE BILLS
H 296/SL 2012-23 (2011-2012) SAMPSON-DELINQUENT TAXPAYERS (NEW). Filed Mar 9 2011, TO ALLOW THE SAMPSON COUNTY BOARD OF COMMISSIONERS TO ADOPT A RESOLUTION DISALLOWING RECORDATION BY THE REGISTER OF DEEDS ABSENT A CERTIFICATION OF NO DELINQUENT AD VALOREM TAXES ON THE PROPERTY.

AN ACT TO AUTHORIZE SAMPSON COUNTY TO PROHIBIT THE ISSUANCE OF A SPECIAL USE OR CONDITIONAL USE PERMIT, OR A BUILDING PERMIT, TO A DELINQUENT TAXPAYER, AND TO AUTHORIZE SAMPSON COUNTY TO REQUIRE THE PAYMENT OF DELINQUENT PROPERTY TAXES BEFORE RECORDING DEEDS CONVEYING PROPERTY. Summarized in Daily Bulletin 3/9/11, 3/31/11, and 6/5/12. Enacted June 12, 2012. Effective June 12, 2012.

Intro. by Bell, Langdon.Sampson
H 322 (2011-2012) HAYWOOD SCHOOL BOARD FILING PERIOD. Filed Mar 10 2011, TO ALLOW THE HAYWOOD COUNTY BOARD OF ELECTIONS TO EXTEND THE FILING PERIOD IF NO PERSON FILES FOR A SEAT ON THE HAYWOOD COUNTY BOARD OF EDUCATION.

AN ACT TO ALLOW THE HAYWOOD COUNTY BOARD OF ELECTIONS TO EXTEND THE FILING PERIOD IF NO PERSON FILES FOR A SEAT ON THE HAYWOOD COUNTY BOARD OF EDUCATION. Summarized in Daily Bulletin 3/10/11. Enacted June 12, 2012. Effective June 12, 2012.

Intro. by Rapp, Haire.Haywood
H 328/SL 2012-25 (2011-2012) WAYNE SHERIFF VACANCIES. Filed Mar 10 2011, TO PROVIDE THAT A VACANCY IN THE OFFICE OF SHERIFF IN WAYNE COUNTY IS FILLED BY RECOMMENDATION OF THE EXECUTIVE COMMITTEE OF THE POLITICAL PARTY OF THE VACATING SHERIFF.

AN ACT TO PROVIDE THAT A VACANCY IN THE OFFICE OF SHERIFF IN WAYNE COUNTY IS FILLED BY RECOMMENDATION OF THE EXECUTIVE COMMITTEE OF THE POLITICAL PARTY OF THE VACATING SHERIFF. Summarized in Daily Bulletin 3/10/11 and 6/5/12. Enacted June 12, 2012. Effective June 12, 2012.

Intro. by Sager.Wayne
H 511/SL 2012-26 (2011-2012) GOLDSBORO-WAYNE AIRPORT AUTHORITY. Filed Mar 29 2011, AUTHORIZING THE CITY OF GOLDSBORO TO CONVEY BY PRIVATE NEGOTIATION AND SALE ITS RIGHT, TITLE, AND INTEREST IN THE GOLDSBORO-WAYNE MUNICIPAL AIRPORT TO WAYNE COUNTY, DISSOLVING THE GOLDSBORO-WAYNE AIRPORT AUTHORITY, AND CREATING THE WAYNE AIRPORT AUTHORITY.

AN ACT DISSOLVING THE GOLDSBORO-WAYNE AIRPORT AUTHORITY. Summarized in Daily Bulletin 3/29/11, 4/21/11, and 6/5/12. Enacted June 12, 2012. Effective June 12, 2012.

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

House committee substitute makes the following changes to 1st edition. Makes technical corrections.

Intro. by Brisson.Bladen
H 1065/SL 2012-27 (2011-2012) USE MOORE SCHOOL BUSES FOR 2014 US OPEN. Filed May 22 2012, TO ALLOW THE MOORE COUNTY BOARD OF EDUCATION TO (I) PERMIT THE USE OF PUBLIC SCHOOL BUSES TO SERVE THE TRANSPORTATION NEEDS OF THE 2014 U.S. OPEN GOLF TOURNAMENT AND (II) BEGIN THE 2013-2014 SCHOOL YEAR ONE WEEK EARLIER.

AN ACT TO ALLOW THE MOORE COUNTY BOARD OF EDUCATION TO (I) PERMIT THE USE OF PUBLIC SCHOOL BUSES TO SERVE THE TRANSPORTATION NEEDS OF THE 2014 U.S. OPEN GOLF TOURNAMENT AND (II) BEGIN THE 2013-2014 SCHOOL YEAR ONE WEEK EARLIER. Summarized in Daily Bulletin 5/22/12. Enacted June 12, 2012. Effective June 12, 2012.

Intro. by Boles.Moore
H 1199 (2011-2012) LAKE LURE CONVEY PROPERTY. Filed May 30 2012, AUTHORIZING THE TOWN OF LAKE LURE TO CONVEY CERTAIN DESCRIBED PROPERTY BY GIFT, PRIVATE SALE, OR LONG-TERM LEASE.

House committee substitute makes the following changes to 1st edition. Changes the entities to which the town of Lake Lure may convey the described property to include Classical Academies CFA, Inc. (was, Lake Lure Classical Academy).

Intro. by Hager.Rutherford

The Daily Bulletin: 2012-06-12

LOCAL/SENATE BILLS
S 799/SL 2012-21 (2011-2012) REPAIR GUILFORD LOCAL ACT. Filed May 16 2012, TO REMEDY INFIRMITIES FOUND BY A FEDERAL COURT IN A LOCAL ACT RELATING TO ELECTION OF THE BOARD OF COMMISSIONERS OF GUILFORD COUNTY.

AN ACT TO REMEDY INFIRMITIES FOUND BY A FEDERAL COURT IN A LOCAL ACT RELATING TO ELECTION OF THE BOARD OF COMMISSIONERS OF GUILFORD COUNTY. Summarized in Daily Bulletin 5/16/12. Enacted June 12, 2012. Effective June 12, 2012.

Intro. by Rucho.Guilford
S 805 (2011-2012) ISOTHERMAL COMMUNITY COLLEGE FED LOAN PROGRAM. Filed May 16 2012, TO PROVIDE THAT ISOTHERMAL COMMUNITY COLLEGE MAY OPT OUT OF PARTICIPATION IN THE WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM.

House committee substitute makes the following changes to 2nd edition. Amends GS 115D-40.1(e) to include Coastal Carolina Community College among those community colleges that may elect to opt out of participating in the William D. Ford Federal Direct Loan Program. Makes a conforming change to the title.

Intro. by Westmoreland.Onslow, Rutherford
S 830/SL 2012-22 (2011-2012) IREDELL REGISTER OF DEEDS SATELLITE OFFICE. Filed May 17 2012, TO ALLOW IREDELL COUNTY TO ESTABLISH A SATELLITE REGISTER OF DEEDS OFFICE AND TO AUTHORIZE THE RECORDING OF DOCUMENTS AT THAT OFFICE.

AN ACT TO ALLOW IREDELL COUNTY TO ESTABLISH A SATELLITE REGISTER OF DEEDS OFFICE AND TO AUTHORIZE THE RECORDING OF DOCUMENTS AT THAT OFFICE. Summarized in Daily Bulletin 5/17/12. Enacted June 12, 2012. Effective June 12, 2012.

Intro. by Carney.Iredell
ACTIONS ON BILLS

Actions on Bills: 2012-06-12

PUBLIC BILLS

H 149: TERRORISM/STATE OFFENSE.

    Ratified

H 176: REVIEW DV PROGRAM PARTICIPATION.

    Ratified

H 177: CLEAN ENERGY TRANSPORTATION ACT (NEW).

    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Ref to the Com on Environment, if favorable, Transportation

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

    Senate: Amend Adopted 2
    Senate: Passed 3rd Reading
    Engrossed
    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

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

    House: Concurred In S/Com Sub

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

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

H 261: INTRASTATE MOTOR CARRIER MARKINGS.

    House: Concurred In S/Com Sub

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

    Senate: Amend Adopted 1
    Senate: Passed 2nd Reading

H 490: RENAME YADKIN RIVER BRIDGE.

    House: Rec From Senate
    House: Rec To Concur In S Amend 1
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

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

    House: Concurred In S/Com Sub

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

    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 819: COASTAL MANAGEMENT POLICIES (NEW).

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

H 941: PSEUDOEPHEDRINE AMOUNT CLARIFICATIONS.

    Senate: Amend Adopted 1
    Senate: Passed 3rd Reading
    House: Rec From Senate
    House: Rec To Concur In S Amend 1
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 950: MODIFY 2011 APPROPRIATIONS ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Com Amend Adopted 1
    Senate: Com Amend Adopted 2
    Senate: Com Amend Adopted 3
    Senate: Com Amend Adopted 4
    Senate: Com Amend Adopted 5
    Senate: Com Amend Adopted 6
    Senate: Com Amend Adopted 7
    Senate: Re-ref to Finance. If fav, re-ref to Pensions & Retirement and Aging
    Senate: Reptd Fav As Amended
    Senate: Com Amend Adopted 8
    Senate: Re-ref Com On Pensions & Retirement and Aging
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 952: STATE AIR TOXICS PROGRAM REFORMS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/20/2012
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/14/2012

H 957: AUTHORIZE VARIOUS SPECIAL PLATES (NEW).

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 964: NC LONGITUDINAL DATA SYSTEM (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 975: PROMOTE LOCAL/HEALTHY FOOD.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 989: PERMANENT LICENSE PLATES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 1007: RESOLUTION HONORING SPC ELLIOTT.

    House: Passed 2nd & 3rd Reading
    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Placed On Cal For 6/12/2012
    Senate: Passed 2nd & 3rd Reading

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

    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 1025: EXTEND TAX PROVISIONS.

    House: Concurred In S Amend

H 1085: STATE HEALTH PLAN/STATUTORY CHANGES.

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

H 1093: AGRICULTURAL REGULATORY REFORM.

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

H 1098: CONTINUE THE SUSTAINABLE LOCAL FOOD ADVISORY.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 1114: NCEMPA/USE OF RATE REVENUE.

    House: Passed 2nd & 3rd Reading

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

    House: Passed 1st Reading
    House: Cal Pursuant 32(a)
    House: Placed On Cal For 6/13/2012

H 1224: HONOR BILL IVES.

    House: Filed

S 77: RENTAL PROPERTY/LITHIUM BATTERY SMOKE ALARMS (NEW).

    House: Postponed To 6/14/2012

S 94: PSAPS TECH STANDARDS/HABITUAL MISD LARCENY (NEW).

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary Subcommittee B

S 229: AMEND ENVIRONMENTAL LAWS 2012 (NEW).

    House: Amend Adopted 1
    House: Amend Adopted 2
    House: Amend Adopted 3
    House: Amendment Withdrawn 4
    House: Passed 2nd Reading

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

    Pres. To Gov. 6/12/2012

S 416: AMEND DEATH PENALTY PROCEDURES (NEW).

    House: Passed 2nd Reading

S 443: NC MUSEUM OF ART/CEMETERY COMM. CHANGES (NEW).

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

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

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 6/13/2012
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

S 724: AN ACT TO IMPROVE PUBLIC EDUCATION.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

S 798: VARIOUS EMERGENCY MANAGEMENT CHANGES.

    House: Postponed To 6/13/2012

S 806: MODIFY MORTGAGE REGULATION FUNDING.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

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

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/13/2012
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/12/2012
    Senate: Passed 2nd Reading

S 816: BANKING LAW MODERNIZATION ACT.

    Ratified

S 824: EXPEDITED RULE MAKING FOR FORCED COMBINATIONS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

S 836: IMPROVE PROPERTY INSURANCE RATE MAKING.

    House: Rec From Senate
    House: Passed 1st Reading
    House: Re-ref Com On Insurance

S 868: WILDLIFE LICENSES/ELIMINATE PENALTY.

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

S 889: RPO AREA DEFINITION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

S 890: TRANSPORTATION REFORM/CODIFY EXECUTIVE ORDER (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

S 895: DOT DIVISION OF MOTOR VEHICLES LEG. REQUESTS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

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

    House: Rec From Senate
    House: Passed 1st Reading
    House: Re-ref Com On Judiciary Subcommittee B

S 958: HONOR JIM FORRESTER.

    Senate: Passed 1st Reading
    Senate: Pursuant to Rule 40(b) placed on today’s calendar 6/12/2012
    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

Actions on Bills: 2012-06-12

LOCAL BILLS

H 296: SAMPSON-DELINQUENT TAXPAYERS (NEW).

    Ratified
    Ch. SL 2012-23

H 322: HAYWOOD SCHOOL BOARD FILING PERIOD.

    Ratified
    Ch. SL 2012-24

H 328: WAYNE SHERIFF VACANCIES.

    Ratified
    Ch. SL 2012-25

H 511: GOLDSBORO-WAYNE AIRPORT AUTHORITY.

    Ratified
    Ch. SL 2012-26

H 943: DAVIDSON COUNTY ANNEXATIONS.

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

H 945: MARION LEGISLATIVE ANNEXATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 963: TOWN OF COLUMBIA/DEANNEXATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 987: WAKE TECH BOARD OF TRUSTEES.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Education/Higher Education

H 991: JACKSON CO. OCCUPANCY TAX CHANGES.

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

H 1018: YADKIN VALLEY CAREER ACADEMY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 1032: MORGANTON DEANNEXATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/12/2012
    House: Passed 2nd Reading

H 1049: BLADEN COMMUNITY COLLEGE FED LOAN PROGRAM.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 1059: ASHEBORO TOWING.

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

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

    Ratified
    Ch. SL 2012-27

H 1071: WAKE SCHOOL BOARD ORGANIZATIONAL MEETING.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Education/Higher Education

H 1087: FONTANA DAM OCCUPANCY TAX.

    House: Passed 3rd Reading

H 1107: GRANVILLE COUNTY ABC PROFITS DISTRIBUTION MOD.

    House: Passed 2nd & 3rd Reading

H 1108: BUTNER PUBLIC SAFETY AUTHORITY CHANGES.

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

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

    House: Passed 2nd & 3rd Reading

H 1131: CARTERET COMMISSIONER ELECTION.

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

H 1133: REVISE PENDER COUNTY COMMISSIONER DISTRICTS.

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

H 1138: DAVIDSON COUNTY DESIGN-BUILD.

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

H 1196: ALBEMARLE MENTAL HEALTH CENTER PROPERTY.

    House: Passed 2nd & 3rd Reading

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

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

H 1199: LAKE LURE CONVEY PROPERTY.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

H 1204: UNION COUNTY CONSTRUCTION METHODS.

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

H 1205: AMEND TRESPASS/GRANVILLE COUNTY.

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

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

    House: Passed 3rd Reading
    House: Ordered Engrossed

S 799: REPAIR GUILFORD LOCAL ACT.

    Ratified
    Ch. SL 2012-21

S 805: ISOTHERMAL COMMUNITY COLLEGE FED LOAN PROGRAM.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/13/2012

S 830: IREDELL REGISTER OF DEEDS SATELLITE OFFICE.

    Ratified
    Ch. SL 2012-22

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

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

S 906: NAGS HEAD CONVEYANCE.

    House: Withdrawn From Com
    House: Re-ref Com On Finance

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