AN ACT TO PROVIDE THAT CONSTITUENT INSTITUTIONS OF THE NORTH CAROLINA COMMUNITY COLLEGE SYSTEM MAY OPT OUT OF PARTICIPATION IN THE WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM. Summarized in Daily Bulletin 1/26/11 and 2/22/11. Enacted June 18, 2012. Effective July 1, 2011.
The Daily Bulletin: 2012-06-19
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The Daily Bulletin: 2012-06-19
| Intro. by Ingle, Cleveland. |
Senate amendment makes the following changes to 2nd edition. Amends proposed GS 14-118.6(b) to allow an entity to refuse to file a lien or encumbrance (was, the entity shall not allow the lien or encumbrance to be filed) when there is a reasonable suspicion that it is false. Adds that no entity is liable for filing or refusing to file a lien or encumbrance under the statute. Provides that in order for a judge to order the lien or encumbrance to be filed when there is an appeal, the judge must find that the lien or encumbrance is authorized by statute and the record appears on its face to contain all of the information required by the statute under which it was offered.
| Intro. by Crawford. |
Senate amendment makes the following changes to 2nd edition.
Amendment #2 clarifies in GS 153A-77(a) that a board of county commissioners that assumed control of a local health board after January 1, 2012, and does not delegate powers and duties of that board to a consolidated health services board must appoint an advisory committee. Amends GS 153A-77(e) to also require a human services director to appoint, with the county manager’s approval, a person meeting the specified qualifications of a local health director. Amends GS 153A-76 to also prohibit a board of county commissioners from abolishing or consolidating into a human services agency a public health authority. Removes $5 million allocation to the Division of Public Health for the health improvement incentive program. Makes a conforming change.
Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Amends proposed GS 106-168.14A, which subjects collectors of waste kitchen grease to certain provisions, to delete all provisions in previous edition (related to licensure and violations), and instead requires any collector of waste kitchen grease, as defined, to provide the purchaser with a statement of ownership. Amends proposed GS 14-79.2 (unlawful acts and penalties) to add two unlawful activities; retains penalty provisions. Specifies that a container of grease with a name on the container is presumed to be owned by the named person. Retains modifications to GS 106-168.5 (clarifying inspection committee), with a conforming change, and to GS 106-168.8, which requires proof of liability insurance of $1 million. Deletes all other amendments to provisions in Article 14A (Licensing and Regulation of Rendering Plants and Operations) of GS Chapter 106. Deletes the defined term farmer and the changes made to the definition for collector in GS 106-168.1. Makes conforming changes to the bill title. Changes the act’s effective date to January 1, 2013 (was, January 1, 2012).
| Intro. by Torbett. |
Senate amendment makes the following changes to 2nd edition. Amends GS 110-90.2 to reinstate the January 1, 1996, effective date (was, proposed effective date of March 1, 2013) for the requirement that child care providers’ criminal histories be checked before employment and every three years after. Changes the effective date of the act from when the act becomes law to January 1, 2013.
| Intro. by Samuelson. |
House amendment #5 makes the following changes to 2nd edition, as amended. Amends GS 15A-145.4(a)(5) (excluding from the definition of the term nonviolent felony a felony offense in GS Chapter 90 where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine) to provide that if a prayer for judgment continued has been entered for an offense classified as either a Class G, H, or I felony, the prayer for judgment continued is subject to expunction under the procedures in the statute.
| Intro. by Daughtry. |
House committee substitute makes the following changes to 1st edition. Provides that the act applies to policies issued or renewed (was, applied to policies in force) on or after October 1, 2012.
| Intro. by Shepard, Cook. |
House committee substitute makes the following changes to 2nd edition. Deletes Part III of the act (amendments to taxation of property owned by associations). Makes a conforming change to the title.
| Intro. by Jordan, Justice, R. Moore, Spear. |
House committee substitute makes the following changes to 1st edition.
Deletes all provisions of previous edition and replaces them with AN ACT TO SIMPLIFY THE COLLECTION OF PROPERTY TAXES THAT ARE DUE ON PROPERTY OWNED BY CERTAIN NONPROFIT HOMEOWNERS ASSOCIATIONS.
Enacts new subsection (a1) to GS 105-277.8 (taxation of nonprofit homeowners’ association property) to provide that the value of extraterritorial common property, which is real property meeting specified conditions and owned by a nonprofit homeowners’ association, is subject to taxation in the jurisdiction in which the property is entirely contained and only in the amount of the local tax of that jurisdiction. Makes conforming changes. Effective for taxes imposed for taxable years beginning on or after July 1, 2012.
| Intro. by Justice. |
The Daily Bulletin: 2012-06-19
House committee substitute makes the following changes to 2nd edition.
Deletes all provisions in previous version and replaces them with AN ACT TO CREATE NEW FELONY FIRST DEGREE TRESPASS OFFENSES, TO MAKE VARIOUS CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRIATE RELIEF, TO AMEND THE PROCEDURE FOR IMMEDIATE LICENSE REVOCATIONS FOR PROVISIONAL LICENSEES CHARGED WITH CERTAIN CRIMINAL MOVING VIOLATIONS, TO INCREASE THE BENCHMARK FOR PUBLICLY BIDDING LOTTERY COMMISSION CONTRACTS, TO MODIFY THE LOTTERY COMMISSION CONFLICT OF INTEREST PROVISIONS, AND TO CLARIFY THAT CERTAIN CHANGES TO PAYABLE ON DEATH CONTRACTS DID NOT CHANGE THE PROCEDURES FOR CREATING THOSE CONTRACTS.
Current law makes first degree trespass a Class 2 misdemeanor. Amends GS 14-159.12 to make first degree trespass a Class I felony when committed on the premises of any of the following: (1) a facility owned or operated by an electric power supplier that is one of five specified types of facilities, (2) a dam or reservoir used to generate hydroelectric power, (3) a facility using water in a described manner for a public water system, or (4) a facility owned or operated by a natural gas local distribution company or related entity. Makes first degree trespass a Class H felony if one of the previously listed elements exists and the offense (1) is committed with the intent to disrupt the facility’s operation, (2) involves risk of serious bodily injury, or (3) is committed by three or more people acting in concert. Applies to offenses committed on or after September 1, 2012.
Amends GS 15A-1413 (concerning trial judges’ authority to act on motions for appropriate relief) to allow a senior resident superior court judge or chief district court judge discretion when assigning a motion for appropriate relief. Specifies that the motion must be assigned to the judge who presided at the trial or otherwise handled the case when possible. Makes conforming changes to GS 15A-1413 and GS 15A-1420. Amends GS 15A-1420 to set out the procedure and timeline to assign, review, and rule on a motion for appropriate relief in noncapital cases. Authorizes the court to grant an extension of time, up to 30 days, to comply with any requirement related to motions in noncapital cases. Requires in capital cases that the judge review the motion and enter an order directing the State to file its answer within 60 days of the date of the order. Requires the calendaring of the case for a hearing, if necessary, without unnecessary delay. Specifies that the parties may enter into an agreement for appropriate relief, including an agreement as to any aspect, procedural or otherwise, of a motion for appropriate relief. Applies to motions for appropriate relief filed on or after December 1, 2012.
Requires a law enforcement officer, where no initial appearance is required on the criminal moving violation when the citation is issued, to verbally notify the provisional licensee that the permit or license is subject to revocation and provide written notice of the revocation and hearing process (currently requires officer to execute report and take licensee before judicial official if permit or license is subject to revocation). Enacts new subsection (d1) to GS 20-13.3 to detail the procedure applicable when a revocation report is filed with the clerk of superior court and the provisional licensee is not present. Enacts new subsection (d2) to detail the hearing required before a magistrate or judge when the provisional licensee contests the validity of the revocation. Requires the judicial official to also personally inform the licensee of the right to such hearing when the report is filed and the licensee is present. Specifies the appropriate judicial official to receive the filed report. Makes conforming and clarifying changes. Applies to offenses committed on or after December 1, 2012.
Amends GS 18C-151 (concerning Lottery Commission contracts) to require contracts for $300,000 (was, $90,000) or more to meet the specified conditions. Clarifies the term shareholders in relation to awarded contracts.
Amends SL 2011-236 (concerning payable on death accounts) to clarify the procedure for entering such agreements, following the enactment of that law.
| Intro. by Apodaca, Meredith. |
House committee substitute makes the following changes to 3rd edition. Amends GS 120-163(c) (concerning statement in petition listing the services that the proposed municipality will offer) to provide that in order to qualify for offering a service, the proposed municipality must either provide the service directly or through a contract in which the contracting party is compensated by the proposed municipality. Makes an exception for water distribution or wastewater treatment if the entire area of the proposed municipality is within the water and sewer authority or special district’s service area. Deletes provision detailing requirements to be met in order for the proposed municipality to quality for providing police protection.
Deletes proposed GS 160A-329 (extension of water or sewer service by other public entities near municipal limits). Makes a conforming deletion in the bill title.
| Intro. by Hartsell. |
House committee substitute makes the following changes to 1st edition.
Deletes all provisions in the previous edition and replaces them with AN ACT RELATING TO REASONABLE SAFETY AND CONTAINMENT MEASURES FOR MANAGING PATIENTS PENDING INVOLUNTARY COMMITMENT PLACEMENT.
Enacts new GS 122C-263.2 to provide that an acute care hospital or other site of first examination that is not operating as a licensable mental health facility is not acting as a 24-hour facility; operating a psychiatric, substance abuse, or special care unit; offering psychiatric or substance abuse services; or acting as a mental health facility, when using reasonable safety or containment measures and precautions, as listed, to manage patients pending involuntary commitment placement.
Directs the Department of Health and Human Services to study specified LME activities related to acute care inpatient admissions and crisis services and to report quarterly to the General Assembly beginning October 1, 2012, and ending December 31, 2013.
| Intro. by Purcell, Bingham, Mansfield. |
House committee substitute makes the following changes to 3rd edition.
Removes the provisions that modified special assessments for critical infrastructure needs. Amends GS 160A-537(d) to permit a resolution defining a service district to be immediately effective if the resolution states that general obligation bonds or special obligation bonds may be authorized for the project. Makes conforming changes.
| Intro. by Clodfelter. |
Amends SL 2011-163 to provide as title indicates. Requires a county to notify potential applicants of the grant, as indicated, and to consider requests for proposals from qualified private providers of high-speed Internet access service in the county before awarding a grant. Specifies that the act does not apply to any broadband grant process initiated by Nash County before June 1, 2012. Makes a conforming change.
| Intro. by Davis. |
House committee substitute makes the following changes to 2nd edition.
Deletes provision in proposed GS 58-10-300 (special financial requirements) that exempted mutual insurance holding companies’ investments in subsidiaries from the restrictions on investment activities in GS 59-19-10. Adds a section, amending GS 58-31-40, to direct the Commissioner of Insurance to examine every state property for fire safety as often as required by NC Building Code Council fire code (previously required examination at least once a year). Makes a conforming change to the bill title.
| Intro. by Rucho. |
House committee substitute makes the following change to 2nd edition.
Changes the act’s effective date from October 1, 2011, to October 1, 2012. Makes a technical change.
| Intro. by Davis. |
House amendment makes the following changes to 3rd edition.
Amends proposed subsection (a1) to GS 136-89.213, concerning the collection of tolls and identifying information, to clarify that the Turnpike Authority must maintain the confidentiality of all information required to be kept confidential under federal law (adds federal law citation). Makes a conforming change, permitting the Authority to exchange the confidential information with specified entities.
| Intro. by Rabon, Tucker, Rouzer. |
House amendments make the following changes to 4th edition.
Amendment #1 amends GS 96-14(2) (concerning disqualification for benefits) to clarify and modify the definition and description for the term “misconduct connected with the work.” Specifies that the listed examples are prima facie evidence of misconduct, which may be rebutted by the claimant. Restores, as an example, the failure to adequately perform employment duties as shown by at least three written reprimands in the year immediately preceding termination. Makes a technical change.
Amendment #2 removes language setting out General Assembly findings related to the Governor’s Executive Orders, which extended unemployment insurance benefits.
| Intro. by Rucho, Hartsell. |
The Daily Bulletin: 2012-06-19
House committee substitute makes the following changes to 1st edition. Limits Davidson County’s use of the design-build method to up to five projects involving the construction or renovation of county-owned buildings. Increases the number of teams that the county must solicit for bids from three to five. Sets the act to expire on June 30, 2014.
| Intro. by R. Brown, Dockham, L. Brown. | Davidson |
The Daily Bulletin: 2012-06-19
AN ACT TO EXEMPT CLAY COUNTY FROM CERTAIN STATUTORY REQUIREMENTS IN THE RENOVATION AND RESTORATION OF ITS OLD COURTHOUSE BUILDING TO BE LEASED AND/OR USED AS A MULTIPURPOSE FACILITY. Summarized in Daily Bulletin 5/17/12. Enacted June 19, 2012. Effective June 19, 2012.
| Intro. by Davis. | Clay |
Actions on Bills: 2012-06-19
H 111: AMEND FIREARMS LAWS (NEW).
H 180: WILMINGTON VOLUNTARY ANNEXATIONS (NEW).
H 199: METAL THEFT PREVENTION ACT OF 2012 (NEW).
H 203: MORTGAGE SATISFACTION FORMS/NO FALSE LIENS (NEW).
H 237: 2012 WORKERS' COMPENSATION AMENDMENTS (NEW).
H 391: RTP DISTRICT AMENDMENTS (NEW).
H 438: ACCOUNTABLE CO. COMMS./EXPAND LOC. BD. AUTH.
H 462: CONTINGENCY CONTRACTS FOR AUDITS/ASSESSMENTS (NEW).
H 494: CONTINUOUS ALCOHOL MONITORING LAW CHANGES.
H 512: RENDERING ACT AMENDMENTS.
H 614: ENACT VOLUNTEER HEALTH CARE SERVICES ACT (NEW).
H 737: STRENGTHEN CHILD SAFETY LAWS/CARE FACILTIES.
H 819: COASTAL MANAGEMENT POLICIES (NEW).
H 932: HONOR NC USO.
H 944: DCR AND DENR/STUDY STATE ATTRACTIONS SAVINGS.
H 964: NC LONGITUDINAL DATA SYSTEM (NEW).
H 971: ACTIVE DUTY DEATH/LEASE TERMINATION.
H 975: PROMOTE LOCAL/HEALTHY FOOD.
H 1000: COMMUNITY ASSOCIATION MGRS. LICENSING ACT.
H 1009: MSD AMENDMENTS.
H 1015: ECONOMIC DEVPT. & FINANCE CHANGES (NEW).
H 1022: HONOR RICK RHYNE.
H 1023: EXPUNCTION/NONVIOLENT OFFENSES.
H 1044: MOTORCYCLE INSURANCE DISCOUNT/MILITARY.
H 1055: ELIMINATE LME PROVIDER ENDORSEMENT.
H 1056: PARTNERSHIP FOR CHILDREN PARTICIPANT RECORDS.
H 1066: PASSING TITLE BY WILL.
H 1067: CO-OWNERS/UNEQUAL SHARES/SIMULTANEOUS DEATH.
H 1068: AMEND UCC ARTICLE 9/SECURED TRANSACTIONS.
H 1069: INTESTATE PROPERTY/CHILD'S YEAR'S ALLOWANCE.
H 1074: STOP WASTE, FRAUD, AND ABUSE IN GOVT. ACT.
H 1075: LME/MCO GOVERNANCE
H 1081: PROVISIONAL LICENSURE CHANGES MEDICAID.
H 1084: HOAS/PLANNED COMMUNITY ACT AMENDS.
H 1096: SIMPLIFY BEVERAGE CONTRACT BIDS (NEW).
H 1105: MODIFY TAXATION OF HOA PROPERTY (NEW).
H 1191: RESOLUTION OF DISAPPROVAL OF REORGANIZATION.
H 1224: HONOR BILL IVES.
H 1226: RALEIGH FIRE DEPARTMENT'S 100TH ANNIVERSARY.
H 1227: DISAPPROVE NEW RIVER BASIN RULE.
S 77: RENTAL PROPERTY/LITHIUM BATTERY SMOKE ALARMS (NEW).
S 141: LAW ENFORCEMENT/VARIOUS OTHER CHANGES (NEW).
S 229: AMEND ENVIRONMENTAL LAWS 2012 (NEW).
S 231: INCORPORATION/ETJ STUDY (NEW).
S 347: MENTAL HEALTH CRISIS MANAGEMENT (NEW).
S 426: PUBLIC FINANCE LAWS/MUNICIPAL SERVICE DISTS (NEW).
S 433: LOCAL HUMAN SERVICES ADMINISTRATION
S 443: NC MUSEUM OF ART/CEMETERY COMM. CHANGES (NEW).
S 491: CONTINUE LOCAL FOOD ADVISORY COUNCIL (NEW).
S 518: LANDLORD/STATE BAR NOTICE OF LEASE DEFAULT (NEW).
S 525: CRITICAL ACCESS BEHAVIORAL HEALTH AGENCIES (NEW).
S 572: COUNTY BROADBAND GRANTS (NEW).
S 647: MUTUAL INSURANCE HOLDING COMPANIES.
S 656: RIGHT TO CHOOSE PHYSICAL THERAPIST.
S 707: SCHOOL VIOLENCE PREVENTION ACT.
S 724: AN ACT TO IMPROVE PUBLIC EDUCATION.
S 749: VARIOUS MOTOR VEHICLE LAW CHANGES (NEW).
S 756: AMEND BAIL LAW/PRETRIAL RELEASE PROGRAMS.
S 798: VARIOUS EMERGENCY MANAGEMENT CHANGES.
S 810: REGULATORY REFORM ACT OF 2012.
S 813: DCR AND DENR/STUDY STATE ATTRACTIONS SAVINGS.
S 820: CLEAN ENERGY AND ECONOMIC SECURITY ACT.
S 821: STUDY AND AMEND FISHERIES LAWS (NEW).
S 826: REVENUE LAWS TECH., CLARIFYING, & ADMIN CHANGES.
S 828: UNEMPLOYMENT INSURANCE CHANGES.
S 841: EFFECTIVE UTILIZATION OF PED.
S 868: WILDLIFE LICENSES/ELIMINATE PENALTY.
S 869: REMOVE RESTRICTION/FIREFIGHTER DISABILITY.
S 881: TRANSFER EVIDENCE WAREHOUSE TO DPS.
S 890: TRANSPORTATION REFORM/CODIFY EXECUTIVE ORDER (NEW).
S 895: DOT DIVISION OF MOTOR VEHICLES LEG. REQUESTS.
S 929: FIREMEN'S RELIEF FUND/BOARD MEMBERSHIP (NEW).
Actions on Bills: 2012-06-19
H 943: DAVIDSON COUNTY ANNEXATIONS.
H 988: AVERASBORO TOWNSHIP TDA CHANGES.
H 1018: YADKIN VALLEY CAREER ACADEMY.
H 1032: MORGANTON DEANNEXATION.
H 1041: HIGH POINT/ARCHDALE BOUNDARIES.
H 1050: ELIZABETHTOWN INDUSTR. PARK DEANNEXATION.
H 1051: ELIZABETHTOWN HAYFIELDS DEANNEXATION.
H 1088: GRAHAM/SWAIN TVA ALLOCATION/BORDER.
H 1090: ORANGE-ALAMANCE REMAINING 9% BOUNDARY.
H 1106: APEX ANNEXATION.
H 1107: GRANVILLE COUNTY ABC PROFITS DISTRIBUTION MOD.
H 1108: BUTNER PUBLIC SAFETY AUTHORITY CHANGES.
H 1110: MATTHEWS/STALLINGS BOUNDARY ADJUSTMENT.
H 1122: MARTIN COUNTY FIRE DISTRICTS
H 1123: DURHAM COUNTY MEMORIAL STADIUM.
H 1133: REVISE PENDER COUNTY COMMISSIONER DISTRICTS.
H 1138: DAVIDSON COUNTY DESIGN-BUILD.
H 1169: TOWN OF BURGAW/DEANNEXATION.
H 1202: ROANOKE RAPIDS DEANNEX/HALIFAX N'HMPT AIRPORT.
H 1205: AMEND TRESPASS/GRANVILLE COUNTY.
H 1206: BUTNER BOUNDARY CLARIFICATION.
H 1207: GRANVILLE/PERSON LOCAL STORMWATER FEES.
H 1216: TOWN OF WALLACE/SATELLITE ANNEXATIONS.
H 1217: ASHEVILLE/WOODFIN BOUNDARY ADJUSTMENTS.
S 818: CLAY COUNTY COURTHOUSE.
S 848: DURHAM CITY ASSESSMENTS.
S 857: ADD STOKES CTY TO TAX CERT BEFORE RECORDATION.
S 859: PILOT MOUNTAIN/DOBSON EVEN-YEAR ELECTIONS (NEW).
S 876: MOORESVILLE DEANNEXATION.
S 884: WAKE TECH BOARD OF TRUSTEES.
S 900: SURF CITY DEANNEXATION.
S 901: OCEAN ISLE BEACH SATELLITE ANNEXATION.
S 918: AMEND DURHAM COUNTY OCCUPANCY TAX USES.
S 935: ABOLISH AVERY COUNTY CORONER.
S 949: TOWN OF BOONE/ETJ.
S 951: TRANSFER CERTAIN CORRECTIONAL FACILITIES (NEW).
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