The Daily Bulletin: 2012-06-18

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The Daily Bulletin: 2012-06-18

PUBLIC/HOUSE BILLS
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 amendments make the following changes to 2nd edition, as amended.
Amendment #2 makes a clarifying change to GS 116B-8.
Amendment #3 makes a conforming change to GS 116B-6(h) (concerning Treasurer’s expenditures).
Amendment #4 changes the act’s effective date as follows: (1) applies to audits, determinations of liability, and assessments contracted for on or after July 1, 2013 (was, 2012) and (2) prohibits local governments and the State Treasurer from renewing such contracts after July 1, 2013 (was, 2012).

Intro. by McCormick.
H 673/SL 2012-28 (2011-2012) STREET GANG NUISANCE ABATEMENT. Filed Apr 6 2011, TO PROVIDE THAT INDIVIDUALS ENGAGED IN A PATTERN OF STREET GANG ACTIVITY ARE SUBJECT TO INJUNCTIONS AS NUISANCES PURSUANT TO CHAPTER 19 OF THE GENERAL STATUTES.

AN ACT TO PROVIDE THAT INDIVIDUALS ENGAGED IN A PATTERN OF STREET GANG ACTIVITY ARE SUBJECT TO INJUNCTIONS AS NUISANCES PURSUANT TO CHAPTER 19 OF THE GENERAL STATUTES. Summarized in Daily Bulletin 4/6/11, 5/16/11, and 5/31/12. Enacted June 15, 2012. Effective October 1, 2012.

Intro. by Faircloth.
H 1023 (2011-2012) EXPUNCTION/NONVIOLENT OFFENSES. Filed May 21 2012, TO PROVIDE FOR EXPUNCTION OF NONVIOLENT FELONIES OR NONVIOLENT MISDEMEANORS AFTER FIFTEEN YEARS FOR PERSONS WHO HAVE HAD NO OTHER CONVICTIONS FOR FELONIES OR MISDEMEANORS OTHER THAN TRAFFIC VIOLATIONS UNDER THE LAWS OF THE UNITED STATES, THIS STATE, OR ANY OTHER JURISDICTION, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION.

House amendment makes the following changes to 2nd edition. Amends GS 15A-145.5(f) to provide that the requirement to expunge records pursuant to an expunction order does not apply to fingerprint records in addition to DNA records and samples.

Intro. by Daughtry.

The Daily Bulletin: 2012-06-18

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 amendment #9 makes the following changes to 3rd edition, as amended. Makes technical changes.

Intro. by East, Rouzer, Jackson.
S 236/SL 2012-29 (2011-2012) ADOPT STATE BUTTERFLY; FESTIVALS (NEW). Filed Mar 7 2011, RELATING TO THE 9TH SENATORIAL DISTRICT.

AN ACT ADOPTING THE EASTERN TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY, DESIGNATING THE SHELBY LIVERMUSH FESTIVAL AS THE OFFICIAL FALL LIVERMUSH FESTIVAL OF THE STATE OF NORTH CAROLINA, DESIGNATING THE MARION LIVERMUSH FESTIVAL AS THE OFFICIAL SPRING LIVERMUSH FESTIVAL OF THE STATE OF NORTH CAROLINA, AND DESIGNATING THE SWANSBORO MULLET FESTIVAL AS THE OFFICIAL MULLET FESTIVAL OF NORTH CAROLINA. Summarized in Daily Bulletin 6/5/12. Enacted June 15, 2012. Effective June 15, 2012.

Intro. by Goolsby.
S 443 (2011-2012) NC MUSEUM OF ART/CEMETERY COMM. CHANGES (NEW). Filed Mar 28 2011, TO REMOVE THE REQUIREMENT THAT LAW ENFORCEMENT OFFICERS HAVE ONE YEAR OF CREDITABLE SERVICE IN ORDER TO QUALIFY FOR DISABILITY RETIREMENT BENEFITS UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM FOR INJURIES INCURRED IN THE LINE OF DUTY.

House amendments make the following changes to 3rd edition. Amendment #1 adds a new section amending GS 90-182(c) to provide that the term of the veterinary technician appointed to the Veterinary Medical Board upon the recommendation of the Speaker is to begin on June 30 of the year in which the appointment is made. Effective June 30, 2012. Adds a new section amending GS 143-726(c) to increase the terms of the Speaker and President Pro Tem’s appointees on the Geographic Information Coordinating Council from a term of one year to a term of three years. Makes conforming changes to the act’s title.
Amendment #2 makes technical and clarifying changes to the act.

Intro. by Stevens, Harrington, Newton.
S 707 (2011-2012) SCHOOL VIOLENCE PREVENTION ACT. Filed Apr 19 2011, TO ENACT THE SCHOOL VIOLENCE PREVENTION ACT.

House amendment makes the following changes to 3rd edition.
Amends proposed subsection (b1) to GS 15A-301 to clarify the procedure for issuing criminal process against a school employee. Makes a technical change to a provision in Senate Bill 724, An Act to Improve Public Education. Makes a conforming change to the bill title.

Intro. by Tucker.
S 881 (2011-2012) TRANSFER EVIDENCE WAREHOUSE TO DPS. Filed May 23 2012, TO TRANSFER THE WAREHOUSE FORMERLY OPERATED BY THE LAW ENFORCEMENT SUPPORT SERVICES DIVISION AND ITS CONTENTS FROM THE DEPARTMENT OF JUSTICE TO THE DEPARTMENT OF PUBLIC SAFETY AND TO ASSIGN THE RESPONSIBILITIES FOR THE STORAGE AND MANAGEMENT OF EVIDENCE HOUSED IN THE WAREHOUSE TO THE DEPARTMENT OF PUBLIC SAFETY, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.

House amendment makes the following changes to 1st edition.
Adds new sections to make various changes related to the Department of Public Safety as follows. Amends GS 14-202(m) to provide that certain subsections of the statute do not apply to the personnel of the Division of Juvenile Justice (Division) of the Department of Public Safety (DPS). Amends GS 15-203, stating the Secretary of Public Safety (Secretary) has the sole discretion to establish minimum experience requirements for probation officers. Adds new subsection (g) to GS 18B-500, permitting the transfer or consolidation of alcohol law-enforcement agents for special purposes. Amends GS 20-79.5(a) to eliminate two of the three numerically designated vehicle plates of the Secretary. Amends GS 114-19.6(a)(1) (concerning criminal history record checks) to expand the definition of covered person to include independent contractors and their employees and Division volunteers.
Adds new subsection (e) to GS 120C-500, directing the Secretary to designate between one and five liaison personnel as lobbyists for DPS. Makes certain adjustments to the Governor’s power to exempt managerial and policymaking positions at DPS in GS 126-5(d)(1). Amends GS 143B-600(a) to expand the responsibilities of the head of the Division of Adult Correction (Division) and to remove the Criminal Justice Partnership Program from the Grants Management Section. Amends GS 143B-704, directing the Division to establish an alcoholism and chemical dependency treatment program as specified; deletes references to the Substance Abuse Program and makes conforming changes to GS 143B-705. Amends GS 143B-710 to specify that the Secretary must appoint a chief deputy secretary to head the Division (the Secretary is the current head) and makes conforming changes to GS 143B-806, directing appointment of chief deputy secretary to head the Division of Juvenile Justice. Specifies that the Division of Juvenile Justice, rather than the Office of Juvenile Justice, must develop and implement a juvenile delinquency and substance abuse prevention plan under GS 143B-840(a). Repeals Section 19.1(hhh2) of the Appropriations Act of 2011, which directed DPS to create regional offices in the Division of Law Enforcement.
Makes additional technical and clarifying changes to various provisions related to DPS. Makes a conforming change to the bill title.

Intro. by Goolsby.

The Daily Bulletin: 2012-06-18

The Daily Bulletin: 2012-06-18

LOCAL/SENATE BILLS
S 906/SL 2012-30 (2011-2012) NAGS HEAD CONVEYANCE. Filed May 29 2012, TO ALLOW THE TOWN OF NAGS HEAD TO LEASE OUT PROPERTY FOR A LICENSED NURSING HOME FOR UP TO FORTY YEARS WITHOUT TREATING IT AS A SALE.

AN ACT TO ALLOW THE TOWN OF NAGS HEAD TO LEASE OUT PROPERTY FOR A LICENSED NURSING HOME FOR UP TO FORTY YEARS WITHOUT TREATING IT AS A SALE. Summarized in Daily Bulletin 5/29/12. Enacted June 18, 2012. Effective June 18, 2012.

Intro. by White.Dare
ACTIONS ON BILLS

Actions on Bills: 2012-06-18

PUBLIC BILLS

H 7: COMM. COLLEGES/OPT OUT OF FED'L LOAN PROGRAM.

    Senate: Veto Overridden
    Ch. SL 2012-31

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

    House: Concurred In S/Com Sub

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

    Senate: Amend Adopted 2
    Senate: Amend Adopted 3
    Senate: Amend Adopted 4
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/19/2012

H 944: DCR AND DENR/STUDY STATE ATTRACTIONS SAVINGS.

    House: Passed 2nd & 3rd Reading

H 952: STATE AIR TOXICS PROGRAM REFORMS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 6/21/2012

H 975: PROMOTE LOCAL/HEALTHY FOOD.

    House: Passed 3rd Reading
    House: Ordered Engrossed

H 1009: MSD AMENDMENTS.

    House: Passed 2nd & 3rd Reading

H 1023: EXPUNCTION/NONVIOLENT OFFENSES.

    House: Amend Adopted 3
    House: Amend Pending 4
    House: Withdrawn From Cal
    House: Postponed To 6/19/2012

H 1052: MECHANICS LIENS/PAYMENT BOND REFORMS.

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

H 1074: STOP WASTE, FRAUD, AND ABUSE IN GOVT. ACT.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/19/2012

H 1173: ABSCONDING PROB. VIOLATORS FORFEIT BENEFITS.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/19/2012

H 1225: AMERICAN LIBERTY MEMORIAL.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

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

    House: Passed 2nd & 3rd Reading
    House: Ordered Engrossed

S 141: LAW ENFORCEMENT/VARIOUS OTHER CHANGES (NEW).

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

S 229: AMEND ENVIRONMENTAL LAWS 2012 (NEW).

    House: Amend Adopted 9
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 433: LOCAL HUMAN SERVICES ADMINISTRATION

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

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

    House: Amend Adopted 1
    House: Amend Adopted 2
    House: Passed 2nd Reading

S 444: NONAPPROPRIATED CAPITAL PROJECTS (NEW).

    Senate: Passed 3rd Reading
    House: Rec From Senate
    House: Passed 1st Reading
    House: Ref To Com On Finance

S 491: CONTINUE LOCAL FOOD ADVISORY COUNCIL (NEW).

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

S 525: CRITICAL ACCESS BEHAVIORAL HEALTH AGENCIES (NEW).

    House: Passed 2nd & 3rd Reading

S 661: AUDIT ROANOKE ISLAND COMMISSION AND FRIENDS (NEW).

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

S 707: SCHOOL VIOLENCE PREVENTION ACT.

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

S 724: AN ACT TO IMPROVE PUBLIC EDUCATION.

    Senate: Concurred In H/com Sub

S 749: VARIOUS MOTOR VEHICLE LAW CHANGES (NEW).

    House: Passed 2nd Reading

S 798: VARIOUS EMERGENCY MANAGEMENT CHANGES.

    Senate: Concurred In H Amend

S 810: REGULATORY REFORM ACT OF 2012.

    House: Postponed To 6/19/2012

S 820: CLEAN ENERGY AND ECONOMIC SECURITY ACT.

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

S 828: UNEMPLOYMENT INSURANCE CHANGES.

    House: Placed On Cal For 6/19/2012

S 865: HONOR SENATOR BOB CARPENTER.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 6/20/2012

S 869: REMOVE RESTRICTION/FIREFIGHTER DISABILITY.

    House: Passed 2nd & 3rd Reading

S 881: TRANSFER EVIDENCE WAREHOUSE TO DPS.

    House: Amend Adopted 1
    House: Passed 2nd Reading

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

    Senate: Concurred In H/com Sub

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

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

S 929: FIREMEN'S RELIEF FUND/BOARD MEMBERSHIP (NEW).

    House: Passed 2nd & 3rd Reading

Actions on Bills: 2012-06-18

LOCAL BILLS

H 1041: HIGH POINT/ARCHDALE BOUNDARIES.

    House: Passed 3rd Reading

H 1088: GRAHAM/SWAIN TVA ALLOCATION/BORDER.

    House: Passed 3rd Reading

H 1090: ORANGE-ALAMANCE REMAINING 9% BOUNDARY.

    House: Passed 3rd Reading

H 1110: MATTHEWS/STALLINGS BOUNDARY ADJUSTMENT.

    House: Passed 3rd Reading

H 1122: MARTIN COUNTY FIRE DISTRICTS

    House: Passed 3rd Reading

H 1123: DURHAM COUNTY MEMORIAL STADIUM.

    House: Passed 2nd & 3rd Reading

H 1169: TOWN OF BURGAW/DEANNEXATION.

    House: Passed 3rd Reading

H 1202: ROANOKE RAPIDS DEANNEX/HALIFAX N'HMPT AIRPORT.

    House: Passed 3rd Reading

H 1206: BUTNER BOUNDARY CLARIFICATION.

    House: Passed 3rd Reading

H 1217: ASHEVILLE/WOODFIN BOUNDARY ADJUSTMENTS.

    House: Passed 2nd Reading

S 818: CLAY COUNTY COURTHOUSE.

    House: Passed 2nd & 3rd Reading

S 859: PILOT MOUNTAIN/DOBSON EVEN-YEAR ELECTIONS (NEW).

    House: Passed 2nd & 3rd Reading

S 906: NAGS HEAD CONVEYANCE.

    Ratified
    Ch. SL 2012-30

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