The Daily Bulletin: 2012-07-02

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The Daily Bulletin: 2012-07-02

PUBLIC/HOUSE BILLS
H 54 (2011-2012) HABITUAL MISDEMEANOR LARCENY. Filed Feb 8 2011, TO CREATE THE STATUS OFFENSE OF HABITUAL MISDEMEANOR LARCENY.

Conference report recommends the following changes to 5th edition to reconcile matters in controversy.
Amends proposed subdivision (6) to GS 14-72(b) to provide that a subsequent larceny offense is a felony if the defendant has four or more (was, seven or more) prior larceny convictions. Adds that a conviction is not included as one of the four prior convictions unless the defendant was represented by counsel or waived counsel.

Intro. by Crawford.
H 180/SL 2012-138 (2011-2012) WILMINGTON VOLUNTARY ANNEXATIONS (NEW). Filed Feb 24 2011, TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 1 OF ARTICLE VII OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE, BY SUSPENDING THE DELEGATION OF AUTHORITY TO THE CITY OF WILMINGTON TO MAKE A CERTAIN ANNEXATION.

AN ACT TO VOLUNTARILY ANNEX CERTAIN DESCRIBED AREAS TO THE CORPORATE LIMITS OF THE CITY OF WILMINGTON. Summarized in Daily Bulletin 6/5/12 and 6/20/12. Enacted July 2, 2012. Effective July 1, 2012.

Intro. by McComas, Justice.New Hanover
H 203 (2011-2012) MORTGAGE SATISFACTION FORMS/NO FALSE LIENS (NEW). Filed Mar 1 2011, TO PROVIDE AN ALTERNATIVE MORTGAGE SATISFACTION FORM THAT ALLOWS A SECURED CREDITOR TO INDICATE THAT THE UNDERLYING OBLIGATION HAS BEEN EXTINGUISHED.

Conference report recommends the following changes to 3rd edition to reconcile matters in controversy.
Makes clarifying changes to proposed GS 14-118.6, which concerns the register of deeds’ treatment of a false lien or encumbrance. Requires the Secretary of State (rather than the Administrative Office of the Courts) to adopt the appropriate form for a Notice of Denied Lien or Encumbrance Filing. Specifies that proposed subsections (b) (filing procedure) and (c) (designating false filing) do not apply to filings under Article 9 (secured transactions) of GS Chapter 25 or under GS Chapter 44A, and makes conforming changes. Adds a section, amending GS 44A-12.1(c), to make any person who files an unlawful claim of lien guilty of a Class I felony (was, a Class 1 misdemeanor).

Intro. by Crawford.
H 237/SL 2012-135 (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.

AN ACT PROVIDING THAT THE NORTH CAROLINA RATE BUREAU SHARE WITH THE NORTH CAROLINA INDUSTRIAL COMMISSION INFORMATION ON THE STATUS OF WORKERS' COMPENSATION INSURANCE COVERAGE ON EMPLOYERS IN THIS STATE AND MAKING CLARIFYING, CONFORMING, AND OTHER CHANGES RELATING TO THE WORKERS' COMPENSATION LAWS OF NORTH CAROLINA. Summarized in Daily Bulletin 6/7/12, 6/11/12, and 6/14/12. Enacted July 1, 2012. Effective July 1, 2012. Sections 6 and 7 apply to claims arising on or after June 24, 2011.

Intro. by Dollar, Rhyne, McElraft, Folwell.
H 244 (2011-2012) STATE HEALTH PLAN/ADD SCHOOLS; WHISTLEBLOWERS (NEW). Filed Mar 7 2011, TO AUTHORIZE STERLING MONTESSORI ACADEMY AND CHARTER SCHOOL TO ELECT TO PARTICIPATE IN THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES.

Conference report recommends the following change to 4th edition to reconcile matters in controversy. Removes language, previously added by Amendment #2, which allowed the Kestrel Heights School to join the Teachers' and State Employees' Health Plan.

Intro. by Murry.
H 438/SL 2012-126 (2011-2012) ACCOUNTABLE CO. COMMS./EXPAND LOC. BD. AUTH. Filed Mar 23 2011, EXTENDING THE AUTHORITY OF CERTAIN BOARDS OF COUNTY COMMISSIONERS OVER LOCAL BOARDS, AGENCIES, AND COMMISSIONS.

AN ACT TO PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE ADMINISTRATION OF HUMAN SERVICES AND TO STRENGTHEN THE LOCAL PUBLIC HEALTH INFRASTRUCTURE BY ESTABLISHING A PUBLIC HEALTH IMPROVEMENT INCENTIVE PROGRAM AND ENSURING THE PROVISION OF THE TEN ESSENTIAL PUBLIC HEALTH SERVICES. Summarized in Daily Bulletin 3/23/11, 6/5/12, 6/6/12, and 6/19/12. Enacted June 29, 2012. Effective June 29, 2012.

Intro. by McComasGS 130A, GS 153A
H 494 (2011-2012) CONTINUOUS ALCOHOL MONITORING LAW CHANGES. Filed Mar 28 2011, TO ALLOW THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS AS A CONDITION OF PROBATION, TO MEET REQUIREMENTS FOR THE RESTORATION OF A REVOKED DRIVERS LICENSE; TO MITIGATE PUNISHMENTS FOR IMPAIRED DRIVING OFFENSES; AND TO ENSURE COMPLIANCE WITH CHILD CUSTODY AND VISITATION ORDERS.

Senate committee substitute makes the following changes to 3rd edition.
Clarifies, in GS 15A-534(a), that the continuous alcohol monitoring system must be approved by the Division of Adult Correction in the Department of Public Safety, and makes this clarifying change throughout the act. Makes a conforming change to repeal GS 15A-534(i), which authorized the judicial official to order continuous alcohol monitoring as a condition of pretrial release for any defendant charged with a specified impaired driving offense, who also had a prior conviction for impaired driving within seven years. Deletes amendment to GS 15A-1340.11(6), which modified the definition of intermediate punishment, and instead amends GS 15A-1343(a1) to add abstaining from alcohol consumption and submitting to continuous alcohol monitoring as a permitted condition under community or intermediate punishment. Deletes proposed GS 15A-1343.4, which allowed discretionary use of continuous alcohol monitoring by drug treatment courts. Makes additional conforming and technical changes. Changes the act’s effective date to apply to offenses committed or any custody or visitation orders issued on or after December 1, 2012 (was, December 1, 2011).

Intro. by M. Alexander, Guice, T. Moore, Stam.
H 512/SL 2012-127 (2011-2012) RENDERING ACT AMENDMENTS. Filed Mar 29 2011, TO AMEND THE LAWS GOVERNING RENDERING PLANTS AND OPERATIONS AND TO BRING THE COLLECTION AND PROCESSING OF WASTE KITCHEN GREASE WITHIN THE PURVIEW OF THE ACT.

AN ACT TO AMEND THE LAWS GOVERNING RENDERING PLANTS AND OPERATIONS, TO REQUIRE CERTIFICATION OF GREASE OWNERSHIP BY COLLECTORS OF WASTE KITCHEN GREASE, AND TO CREATE CRIMINAL PENALTIES RELATED TO WASTE KITCHEN GREASE. Summarized in Daily Bulletin 3/29/11, 5/19/11, 6/9/11, 6/15/11, and 6/19/12. Enacted June 29, 2012. Effective January 1, 2013.

Intro. by Torbett.
H 585 (2011-2012) VEHICLE EMISSIONS INSPECTIONS (NEW). Filed Apr 1 2011, TO ESTABLISH THE NORTH CAROLINA ENERGY INDEPENDENCE SEARCH COMMITTEE TO CONTACT AND INVITE MAJOR ENERGY COMPANIES TO EXPLORE IN NORTH CAROLINA FOR NATURAL GAS, OIL, WIND, OR OTHER ENERGY SOURCES CAPABLE OF LARGE SCALE ENERGY PRODUCTION FOR THE PURPOSE OF NORTH CAROLINA BECOMING MORE ENERGY INDEPENDENT.

Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Recedes from Amendment #1, which deleted modifications to the definition for historic ABC establishment, and Amendment #2, which limited the disclosure of specified information in a school bus crash. Also deletes provisions specifying which officers may hold supervisory positions over members of the State Highway Patrol, and exempting certain vehicles from motor fleet management. Makes conforming changes.

Intro. by Pridgen.
H 605 (2011-2012) EXPAND SETOFF DEBT COLLECTION ACT. Filed Apr 4 2011, TO EXPAND THE DEFINITION OF LOCAL AGENCY FOR PURPOSES OF THE DEBT SETOFF COLLECTION ACT.

AN ACT TO EXPAND THE DEFINITION OF LOCAL AGENCY FOR PURPOSES OF THE DEBT SETOFF COLLECTION ACT. Summarized in Daily Bulletin 4/4/11, 5/18/11, and 6/20/12. Enacted June 28, 2012. Effective January 1, 2013.

Intro. by McElraft.
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.

Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Makes the following changes to proposed GS 113A-107.1, which is now titled Sea-level Policy. States that the General Assembly does not intend to mandate the development of sea-level policy (was, sea-level rise policy) or the definition of rates of sea-level change (was, rates of sea-level rise) for regulatory purposes. Specifies that the statute does not prohibit a local government from defining rates of sea-level change for regulatory purposes (previously allowed only for nonregulatory purposes). Keeps provisions stating the Coastal Resources Commission (Commission), with the Division of Coastal Management (Division), will be the only state agency to define rates for regulatory purposes, and making all such rules subject to the Administrative Procedure Act. Deletes language from previous edition, which specified how the rates would be determined, required other state agencies to use the Commission’s rates, and encouraged research of sea-level change.
Prohibits the Commission and the Division from defining rates of sea-level change for regulatory purposes before July 1, 2016. Requires the Commission’s Science Panel to deliver the five-year updated assessment to the NC Sea Level Rise Assessment Report by March 31, 2015, which must include specified research on sea-level change. Sets out issues to be addressed in the report, and provides for public comment and a hearing. Directs the Commission to compare the determination of sea level based on historical calculations versus predictive models, and to use more than one single sea-level rate for the entire coast. Details reporting requirements for the Commission and Science Panel.
Prohibits the Commission from denying a development permit for replacement of a single-family or duplex residential dwelling if the unit fails to meet the specified ocean hazard setback rule, but does meet listed criteria (previous version directed the Commission to study an exception to the rule); directs Commission to adopt applicable, temporary rules by October 1, 2012.
Makes clarifying changes to the study concerning an Area of Environmental Concern for lands adjacent to the Cape Fear River, and adds a reporting requirement to the Environmental Review Commission. Makes similar clarifying and conforming changes to the study concerning the Inlet Hazard Area of Environmental Concern.

Intro. by McElraft.
H 952/SL 2012-91 (2011-2012) STATE AIR TOXICS PROGRAM REFORMS. Filed May 16 2012, TO EXEMPT FROM STATE AIR TOXICS EMISSIONS CONTROLS THOSE SOURCES OF EMISSIONS THAT ARE SUBJECT TO CERTAIN FEDERAL EMISSIONS REQUIREMENTS, TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO REQUIRE PERMIT CONDITIONS THAT ELIMINATE UNACCEPTABLE RISKS TO HUMAN HEALTH, TO DIRECT THE DIVISION OF AIR QUALITY TO REVIEW THE STATE AIR TOXICS PROGRAM, AND TO REQUIRE REPORTS ON THE IMPLEMENTATION OF THIS ACT, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.

AN ACT TO EXEMPT FROM STATE AIR TOXICS EMISSIONS CONTROLS THOSE SOURCES OF EMISSIONS THAT ARE SUBJECT TO CERTAIN FEDERAL EMISSIONS REQUIREMENTS, TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO REQUIRE PERMIT CONDITIONS THAT ELIMINATE UNACCEPTABLE RISKS TO HUMAN HEALTH, TO DIRECT THE DIVISION OF AIR QUALITY TO REVIEW THE STATE AIR TOXICS PROGRAM, AND TO REQUIRE REPORTS ON THE IMPLEMENTATION OF THIS ACT, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. Summarized in Daily Bulletin 5/16/12 and 5/24/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Gillespie, Samuelson.
H 964/SL 2012-133 (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.

AN ACT TO CREATE THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM AND GOVERNING BOARD; AND 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. Summarized in Daily Bulletin 5/16/12, 6/12/12, 6/13/12, 6/21/12, and 6/25/12. Enacted June 29, 2012. Effective June 29, 2012.

Intro. by Blackwell, Holloway, Johnson, Jordan.
H 1077 (2011-2012) PPP PILOT TOLL PROJECT/FERRY TOLLS (NEW). Filed May 22 2012, TO INCREASE PUBLIC-PRIVATE PARTNERSHIPS FOR TOLLING AND OTHER FINANCING METHODS ON TRANSPORTATION INFRASTRUCTURE PROJECTS, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.

Senate committee substitute makes the following changes to 3rd edition.
Amends GS 136-18 to authorize the Department of Transportation (DOT) to enter into a partnership agreement as specified (previously specified an agreement in connection with the I-77 High Occupancy Toll). Requires the pilot project to be (1) a candidate for funding under the Mobility Fund, (2) planned for construction through a public-private partnership, and (3) have a Request for Qualifications issued by June 30, 2012. Makes other clarifying changes.
Adds a section to amend a section of House Bill 950, Modify 2011 Appropriations Act. Prohibits the DOT from collecting increased ferry tolls in 2012-13, and makes specified allocations to the DOT.
Makes conforming changes to the title.

Intro. by Frye, Mills.
H 1096/SL 2012-89 (2011-2012) SIMPLIFY BEVERAGE CONTRACT BIDS (NEW). Filed May 23 2012, TO SAVE MONEY BY REMOVING LOCAL SCHOOL ADMINISTRATIVE UNITS FROM THE SEPARATE BID REQUIREMENTS FOR JUICE AND WATER, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON CHILDHOOD OBESITY.

AN ACT TO SAVE MONEY BY REPEALING A STATUTE REQUIRING LOCAL SCHOOL ADMINISTRATIVE UNITS, COMMUNITY COLLEGES, AND THE UNIVERSITY OF NORTH CAROLINA TO HAVE SEPARATE BIDS FOR JUICE AND WATER. Summarized in Daily Bulletin 5/23/12 and 6/21/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Sanderson, LaRoque.
H 1179 (2011-2012) INDIAN CUL. CTR/GOLF COURSE TERMINATE LEASES (NEW). Filed May 29 2012, TO REQUIRE THE STATE TO TERMINATE ITS LEASE OF THE INDIAN CULTURAL CENTER PROPERTY; TO DIRECT HOW THE PROPERTY IS TO BE DISPOSED OF; AND TO AMEND THE STATUTORY RECOGNITION OF THE LUMBEE TRIBE OF NORTH CAROLINA.

Senate amendment makes the following changes to 4th edition, as amended. Requires that the Program Evaluation Division submit its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee at a date determined by the Committee, but no later than December 31, 2012.

Intro. by Graham, Pierce, Pridgen, T. Moore.
H 1234/SL 2012-141 (2011-2012) 2012 APPOINTMENTS BILL (NEW). Filed Jun 27 2012, TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE AND TO MAKE TECHNICAL CORRECTIONS TO PREVIOUS APPOINTMENTS. Summarized in Daily Bulletin 6/28/12. Enacted July 2, 2012. Effective July 1, 2012, unless otherwise provided.

Intro. by Committee on Rules, Calendar, and Operations of the House.
H 1234 (2011-2012) 2012 APPOINTMENTS BILL (NEW). Filed Jun 27 2012, TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Senate amendments make the following changes to 2nd edition.
Amendment #1 changes the effective date of the act from July 1, 2012, to when the act becomes law. Amendment #2 makes the following changes: (1) modifies the expiration date for terms on the NC On-Site Wastewater Contractors and Inspectors Certification Board and the NC Parks and Recreation Authority, (2) adds appointments to the NC Board of Cosmetic Art Examiners and the NC Turnpike Authority, (3) shortens the term for appointments to the 911 Board, (4) modifies an appointment to the Panel on Nongovernmental Competition, and (5) adds appointments to the NC Board of Nursing and the State Board of Examiners of Fee-Based Practicing Pastoral Counselors.

Intro. by Committee on Rules, Calendar, and Operations of the House.
H 1234 (2011-2012) 2012 APPOINTMENTS BILL (NEW). Filed Jun 27 2012, TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Senate committee substitute makes the following changes to 1st edition. Adds the contents of the 3rd edition of H 555, 2012 PPT’s Appointments Bill, to add various appointments made by the President Pro Tempore of the Senate and to make technical corrections to previous appointments. Also changes the term of an appointee to the State Building Commission, makes technical changes to appointments to the NC Mining and Energy Commission, and corrects the name of an appointee to the NC Wildlife Resources Commission. Makes conforming changes, including amending the title.

Intro. by Committee on Rules, Calendar, and Operations of the House.

The Daily Bulletin: 2012-07-02

PUBLIC/SENATE BILLS
S 77/SL 2012-92 (2011-2012) RENTAL PROPERTY/LITHIUM BATTERY SMOKE ALARMS (NEW). Filed Feb 16 2011, TO ADD MDPV TO THE LIST OF CONTROLLED SUBSTANCES UNDER SCHEDULE I WHICH MAKES THE UNLAWFUL POSSESSION, MANUFACTURE, OR SALE OR DELIVERY OF MDPV CRIMINAL OFFENSES AND TO CREATE THE OFFENSE OF TRAFFICKING IN MDPV.

AN ACT PROVIDING THAT AFTER DECEMBER 31, 2012, LANDLORDS SHALL, WHEN INSTALLING A NEW SMOKE ALARM OR REPLACING AN EXISTING SMOKE ALARM, INSTALL A TAMPER-RESISTANT, TEN-YEAR LITHIUM BATTERY SMOKE ALARM EXCEPT IN CERTAIN CASES, AND PROVIDING THAT LANDLORDS MAY DEDUCT FROM THE TENANT SECURITY DEPOSIT DAMAGE TO A SMOKE ALARM OR CARBON MONOXIDE ALARM, AS RECOMMENDED BY THE NORTH CAROLINA CHILD FATALITY TASK FORCE. Summarized in Daily Bulletin 5/30/12 and 6/14/12. Enacted June 28, 2012. Effective December 31, 2012.

Intro. by Bingham.
S 94/SL 2012-132 (2011-2012) PSAPS TECH STANDARDS/HABITUAL MISD LARCENY (NEW). Filed Feb 21 2011, TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE.

AN ACT DELAYING THE EFFECTIVE DATE OF OPERATING STANDARDS SET BY THE 911 BOARD FOR PSAPS. Summarized in Daily Bulletin 6/20/12. Enacted June 29, 2012. Effective June 29, 2012.

Intro. by Hartsell, Tillman, Newton.
S 191 (2011-2012) LME GOVERNANCE (NEW). Filed Mar 2 2011, TO AUTHORIZE NURSE PRACTITIONERS UNDER THE SUPERVISION OF A PHYSICIAN TO COMPLETE MEDICAL CERTIFICATIONS AS TO THE CAUSE OF DEATH FOR DEATH REGISTRATION.

House Conference report recommends the following changes to 4th edition to reconcile matters in controversy. Amends GS 122C-118.1 (structure of area board) to add that boards of county commissioners within a multicounty area with a catchment population of at least 1.25 million has the option of appointing area board members in a manner or with a composition other than that required under the statute by each county unanimously adopting a resolution providing as such and receiving written approval from the Secretary of the Department of Health and Human Services by January 1, 2013.

Intro. by Mansfield.
S 227 (2011-2012) SCHOOL BUS CRASH REPORT NAME DISCLOSURE (NEW). Filed Mar 3 2011, TO AUTHORIZE HAYWOOD COMMUNITY COLLEGE TO ENTER INTO LEASES FOR THE SITING AND OPERATION OF A RENEWABLE ENERGY FACILITY FOR UP TO TWENTY YEARS WITHOUT TREATING IT AS A SALE AND WITHOUT GIVING NOTICE BY PUBLICATION.

House amendment makes the following changes to 3rd edition. Changes the effective date of the act from when the act becomes law to October 1, 2012.

Intro. by Hise.
S 347/SL 2012-128 (2011-2012) MENTAL HEALTH CRISIS MANAGEMENT (NEW). Filed Mar 15 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH A STATEWIDE SURVEILLANCE AND REPORTING SYSTEM FOR HEALTH CARE-ASSOCIATED INFECTIONS AND TO SUBJECT HOSPITALS TO THE REQUIREMENTS OF THE STATEWIDE SURVEILLANCE AND REPORTING SYSTEM.

AN ACT RELATING TO REASONABLE SAFETY AND CONTAINMENT MEASURES FOR MANAGING PATIENTS PENDING INVOLUNTARY COMMITMENT PLACEMENT. Summarized in Daily Bulletin 6/19/12. Enacted June 29, 2012. Effective June 29, 2012.

Intro. by Purcell, Bingham, Mansfield.
S 382 (2011-2012) AMEND WATER SUPPLY/WATER QUALITY LAWS (NEW). Filed Mar 21 2011, TO REQUIRE WITHHOLDING OF INCOME TAXES FROM SALES OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY BY NONRESIDENTS.

Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Amends proposed GS 160A-329 to require a city to provide municipal services to any property upon request of the property owner, if the owner submitted a petition for voluntary annexation and the city’s governing board did not vote on that petition within 18 months of submission, even if the owner later withdrew the petition (previously prohibited a city from denying water and sewer services to an owner in an urban growth area). Sets out requirements for owners receiving municipal services, and lists services that the city is not required to provide. Specifies that the proposed statute applies to any petition for voluntary annexation filed on or before the date the act becomes law, and expires on December 31, 2012.

Intro. by Apodaca.
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.

AN ACT TO AMEND DEATH PENALTY PROCEDURES. Summarized in Daily Bulletin 6/6/12 and 6/11/12. Enacted July 2, 2012. Effective July 2, 2012.

Intro. by Harrington, Rabon, Forrester.
S 443/SL 2012-120 (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.

AN ACT TO ELIMINATE THE NORTH CAROLINA STATE ART SOCIETY, INC., TO CREATE A DIRECTOR'S COMMITTEE TO HIRE AND SUPERVISE THE DIRECTOR OF THE NORTH CAROLINA MUSEUM OF ART, TO REMOVE THE NORTH CAROLINA CEMETERY COMMISSION FROM THE NORTH CAROLINA DEPARTMENT OF COMMERCE, TO ENDOW THE CEMETERY COMMISSION WITH POWERS SIMILAR TO OCCUPATIONAL LICENSING BOARDS, TO MODIFY THE TERM OF THE VETERINARY TECHNICIAN APPOINTEE TO THE VETERINARY MEDICAL BOARD, AND TO INCREASE THE LENGTH OF THE TERM OF THE GENERAL ASSEMBLY'S APPOINTEES TO THE GEOGRAPHIC INFORMATION COORDINATING COUNCIL. Summarized in Daily Bulletin 6/14/12 and 6/18/12. Enacted June 28, 2012. Effective June 28, 2012, except as otherwise provided.

Intro. by Stevens, Harrington, Newton.
S 525 (2011-2012) CRITICAL ACCESS BEHAVIORAL HEALTH AGENCIES (NEW). Filed Apr 6 2011, TO STREAMLINE DUPLICATE OVERSIGHT OF DHHS SERVICE PROVIDERS.

Conference report recommends the following changes to 3rd edition to reconcile matters in controversy.
Requires each Critical Access Behavioral Health Agency to provide at a minimum clinical assessment, medication management, outpatient therapy, and at least two of the listed services within an age and disability-specific continuum (previously required provision in the same LME-MCO network region as well).

Intro. by Tucker, Hartsell.
S 572 (2011-2012) COUNTY BROADBAND GRANTS (NEW). Filed Apr 12 2011, TO ENACT THE OMNIBUS COUNTY BILL OF 2011.

AN ACT TO MAKE STATEWIDE THE AUTHORITY PREVIOUSLY GRANTED TO NASH COUNTY SO AS TO ALLOW COUNTIES TO PROVIDE GRANTS TO PROMOTE HIGH-SPEED INTERNET ACCESS SERVICE IN UNSERVED AREAS FOR ECONOMIC DEVELOPMENT AND TO MAKE OTHER CLARIFYING CHANGES. Summarized in Daily Bulletin 6/19/12. Enacted June 28, 2012. Effective June 28, 2012. Section 1 does not apply to any broadband grant process initiated by Nash County prior to June 1, 2012.

Intro. by Davis.
S 635 (2011-2012) MINORS/SENTENCING FOR 1ST DEGREE MURDER (NEW). Filed Apr 18 2011, TO INCREASE THE FINES FOR LITTERING OFFENSES.

House committee substitute makes the following changes to 2nd edition. Deletes all provisions of previous edition and replaces them with AN ACT TO AMEND THE STATE SENTENCING LAWS TO COMPLY WITH THE UNITED STATES SUPREME COURT DECISION IN MILLER V. ALABAMA.
Adds new Article 93, Sentencing for Minors Subject to Life Imprisonment Without Parole, to GS Chapter 15A to set out sentencing requirements for defendants who are convicted of first degree murder and who were under the age of 18 at the time of the offense. States that the defendant must receive a sentence of life imprisonment with parole if the sole basis of a first degree murder conviction was the felony murder rule. Otherwise requires a hearing to determine whether the defendant should be sentenced to life imprisonment without parole rather than life with parole, which means, under proposed Article 93, that the defendant must serve at least 25 years before eligibility for parole. Sets out the procedure for the hearing, and permits the defendant to submit mitigating circumstances, including age at the time of the offense and intellectual capacity. Specifies that Article 58 of GS Chapter 15A (procedures for guilty pleas in superior court) applies. Requires the court to consider any mitigating factors when determining whether the defendant should receive life imprisonment with parole and to include specified findings in the court’s order. Sets out procedures for courts hearing motions for appropriate relief filed under proposed Article 93. Specifies that defendants sentenced to life imprisonment with parole are subject to the parole provisions in Article 85. Provides that the term of parole for a person released from imprisonment, following a sentence of life imprisonment with parole, is five years, and parole may not be terminated at an earlier date by the Post-Release Supervision and Parole Commission. States that a defendant, who is sentenced to life imprisonment with parole, and who is paroled, violates a condition of parole, and returned to serve the life sentence, is not eligible for parole for five years after the date of return to prison. Applies to any sentencing hearings held on or after the date the act becomes law, and to any resentencing hearing ordered for a defendant who was under 18 at the time of the offense and was sentenced to life imprisonment without parole before the date the act becomes law.
Directs the NC Sentencing and Policy Advisory Commission and other specified entities to study this act’s provisions and other relevant matters related to the sentencing of minors convicted of first degree murder and to report to the General Assembly by January 31, 2013.

Intro. by Rouzer.
S 656/SL 2012-129 (2011-2012) RIGHT TO CHOOSE PHYSICAL THERAPIST. Filed Apr 19 2011, TO ENSURE THAT PATIENTS HAVE THE RIGHT TO CHOOSE THEIR PHYSICAL THERAPISTS UNDER THEIR HEALTH BENEFIT PLANS.

AN ACT TO ENSURE THAT PATIENTS HAVE THE RIGHT TO CHOOSE THEIR PHYSICAL THERAPISTS UNDER THEIR HEALTH BENEFIT PLANS. Summarized in Daily Bulletin 4/19/11, 6/9/11, and 6/19/12. Enacted June 29, 2012. Effective October 1, 2012.

Intro. by Davis.
S 661/SL 2012-87 (2011-2012) AUDIT ROANOKE ISLAND COMMISSION AND FRIENDS (NEW). Filed Apr 19 2011, AUTHORIZING THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE TO DIRECT THE PROGRAM EVALUATION DIVISION TO STUDY THE DIVISION OF MOTOR VEHICLES' COMMISSION CONTRACT FOR THE ISSUANCE OF PLATES AND CERTIFICATES PROGRAM TO DEVELOP OPERATIONAL PRACTICES THAT WOULD RESULT IN INCREASED OPERATING EFFICIENCY.

AN ACT TO DIRECT THE STATE AUDITOR TO AUDIT THE ROANOKE ISLAND COMMISSION, INCLUDING FUNDS RECEIVED BY FRIENDS OF ELIZABETH II, INC. Summarized in Daily Bulletin 6/20/12. Enacted June 28, 2012. Effective June 28, 2012.

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

Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Amends proposed subsection (b1) to GS 15A-301 to require written approval from the district attorney before the issuance of criminal process against a school employee for an offense that occurred while the employee was discharging official duties. States that the prior approval requirement does not apply to traffic offenses or offenses occurring in the officer’s presence. Authorizes the district attorney to decline to give prior written approval by providing a letter to the chief district court judge, who must follow the procedure set out in the previous edition for appointing a magistrate for issuing criminal process.

Intro. by Tucker.
S 798/SL 2012-90 (2011-2012) VARIOUS EMERGENCY MANAGEMENT CHANGES. Filed May 16 2012, TO MAKE VARIOUS CHANGES TO THE EMERGENCY MANAGEMENT STATUTES; AND TO ESTABLISH THE JOINT LEGISLATIVE EMERGENCY MANAGEMENT OVERSIGHT COMMITTEE, AS RECOMMENDED BY THE SENATE SELECT COMMITTEE ON EMERGENCY PREPAREDNESS AND RESPONSE.

AN ACT TO MAKE VARIOUS CHANGES TO THE EMERGENCY MANAGEMENT STATUTES; AND TO ESTABLISH THE JOINT LEGISLATIVE EMERGENCY MANAGEMENT OVERSIGHT COMMITTEE, AS RECOMMENDED BY THE SENATE SELECT COMMITTEE ON EMERGENCY PREPAREDNESS AND RESPONSE. Summarized in Daily Bulletin 5/16/12 and 6/13/12. Enacted June 28, 2012. Sections 7–12 are effective October 1, 2012. The remainder is effective June 28, 2012.

Intro. by Brunstetter.
S 804/SL 2012-130 (2011-2012) RETIREMENT TECHNICAL CHANGES. Filed May 16 2012, TO MAKE TECHNICAL AND CONFORMING CHANGES TO STATUTES AFFECTING THE STATE RETIREMENT SYSTEMS.

AN ACT TO MAKE TECHNICAL AND CONFORMING CHANGES TO STATUTES AFFECTING THE STATE RETIREMENT SYSTEMS. Summarized in Daily Bulletin 5/16/12. Enacted June 29, 2012. Effective July 1, 2012.

Intro. by Stevens.
S 813/SL 2012-93 (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.

AN ACT 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. Summarized in Daily Bulletin 5/17/12 and 6/11/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Hartsell.
S 815/SL 2012-131 (2011-2012) REFORM WORKFORCE DEVELOPMENT. Filed May 17 2012, INITIATING REFORM OF THE WORKFORCE DEVELOPMENT LAWS OF NORTH CAROLINA, MODIFYING THE COMPOSITION OF THE NORTH CAROLINA COMMISSION ON WORKFORCE DEVELOPMENT, AND ESTABLISHING THE JOINT LEGISLATIVE WORKFORCE DEVELOPMENT SYSTEM REFORM COMMITTEE, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION.

AN ACT INITIATING REFORM OF THE WORKFORCE DEVELOPMENT LAWS OF NORTH CAROLINA, MODIFYING THE COMPOSITION OF THE NORTH CAROLINA COMMISSION ON WORKFORCE DEVELOPMENT, AND ESTABLISHING THE JOINT LEGISLATIVE WORKFORCE DEVELOPMENT SYSTEM REFORM COMMITTEE, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION. Summarized in Daily Bulletin 5/17/12. Enacted June 29, 2012. Effective June 29, 2012.

Intro. by Hartsell.
S 828/SL 2012-134 (2011-2012) UNEMPLOYMENT INSURANCE CHANGES. Filed May 17 2012, TO MAKE CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS.

AN ACT TO MAKE CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS. Summarized in Daily Bulletin 5/17/12, 6/6/12, 6/7/12, 6/13/12, 6/19/12, and 6/25/12. Enacted June 29, 2012. Effective June 29, 2012, except as otherwise provided.

Intro. by Rucho, Hartsell.
S 847 (2011-2012) GSC TECHNICAL CORRECTIONS/OTHER CHANGES (NEW). Filed May 21 2012, TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES, INCLUDING SPECIFICALLY AUTHORIZING THE REVISOR OF STATUTES TO PRINT DRAFTERS' COMMENTS TO THREE ACTS ENACTED IN 2011 IN WHICH THIS AUTHORIZATION WAS INADVERTENTLY OMITTED, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

House committee substitute makes the following changes to 4th edition.
House Finance Committee amendment #1 amends GS 105-130.47(k) and GS 105-151(k) to extend the sunset date on the production company tax credit to January 1, 2015 (was, January 1, 2014) for qualifying expenses incurred on or before that date.
House Finance Committee #2 amends GS 51-1 to authorize a superior court judge to officiate at a marriage ceremony. Effective July 26, 2012, and expires July 30, 2012.
Amendment #3 further amends the definition of “day of adjournment” of a regular session in an odd number year, in GS 150B-21.3, as the day the General Assembly adjourns by resolution or by operation of law (was, by resolution) for more than 30 days.
Amendment #4 provides that if House Bill 177 becomes law, then Part II (establishing the criteria for the operation of electric vehicle charging stations located at state-owned rest stops along the highways) and the sections that make up that Part are repealed. Provides that the Department of Transportation (DOT) may only operate electric vehicle charging stations at state-owned rest stops along highways for the purpose of providing electric charging to state owned vehicles; expires July 1, 2014. Requires the Joint Legislative Transportation Oversight Committee to study the DOT’s use and operation of electric vehicle charging stations at state owned rest stops along highways and report to the 2014 Regular Session of the General Assembly.
Amendment #5 corrects a statutory reference in House Bill 494.
Amendment #6 changes references to a county sheriff’s department to a county sheriff’s office in appointments made to the Human Trafficking Commission in the Modify 2011 Appropriations Act.
Amendment #7 amends GS 143-59 to require for any contract for equipment, materials, supplies and services, in which lowest price meeting specifications is the basis of award, the resident bidder with the lowest bid must be given a maximum of three business days to match or lower the bid of the lowest responsible non-resident bidder only if the resident bidder’s bid was within 5% or $10,000 of the lowest responsible non-resident bidder’s bid, whichever is less.
Amendment #8 amends Senate Bill 229, if it becomes law, to provide that funds received by the State according to the Consent Decree entered into in State of Alabama et al. v. Tennessee Valley Authority and allocated to the Department of Agriculture and Consumer Services by the Committee Report to House Bill 950 are to be used exclusively to award grants for environmental mitigation projects of the specified types in the specified counties.

Intro. by Hartsell.
S 847 (2011-2012) GSC TECHNICAL CORRECTIONS/OTHER CHANGES (NEW). Filed May 21 2012, TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES, INCLUDING SPECIFICALLY AUTHORIZING THE REVISOR OF STATUTES TO PRINT DRAFTERS' COMMENTS TO THREE ACTS ENACTED IN 2011 IN WHICH THIS AUTHORIZATION WAS INADVERTENTLY OMITTED, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

House committee substitute makes the following changes to 3rd edition.
Expands the required content of the report regarding the unique needs of students with immediate family members in the military that is to be filed by each local board of education with the State Board of Education by November 30, 2012. Adds requirement that the State Board of Education report on the information received from local boards of education to the Joint Legislative Education Oversight Committee, the House of Representatives, and the Senate Appropriations Subcommittee on Education no later than December 15, 2012. Amends GS 115C-288 to direct the principal of a school to develop a means for identifying and serving the unique needs of students who have immediate family members in the active or reserve components of the military.
Amends GS 90-113.54 to clarify language in signs posted by retailers of pseudoephedrine to indicate clearly the purchase restrictions on the amounts of products containing pseudoephedrine that may be purchased per day or per 30 days.
Provides that if House Bill 950, 2011 Regular Session, becomes law, then Section 24.11 of that act is amended to hold harmless a taxpayer that makes an over-collection or under-collection of the excise tax on motor fuel from July 1, 2012, to August 1, 2012. Requires that the taxpayer has made a good faith effort to collect the proper amount of tax and that the error is due to the change in the rate of tax imposed under GS 105-449.80(a).
Amends GS 150B-43, right to judicial review, to clarify that in the absence of a specific statutory requirement, a party or aggrieved person does not have to petition an agency for rulemaking or seek or obtain a declaratory ruling prior to securing judicial review under GS 150B-34.
Adds new subsection (e) to GS 7A-38.5 directing each chief district court judge and district attorney to refer a misdemeanor criminal action in district court to the local mediation center. Requires that the action be generated by a citizen-initiated arrest warrant. Makes exceptions for (1) domestic violence cases, (2) cases in which the judge or the DA finds that mediation is inappropriate, or (3) any case being tried in a county where mediation services are unavailable. Provides additional guidelines regarding the mediation referral process. Provides an option for a prosecutorial district to opt out of mandatory mediation. Amends GS 7A-38.3D(m) to delete the authority of the judge to waive the dismissal fee for good cause shown. Effective December 1, 2012, and applies to offenses committed on or after that date.
Amends GS 7A-41.1(b) to revise the process for selecting the senior resident superior court judge for each district or set of districts and provides that the statute, as amended, applies to vacancies occurring on or after the date this act becomes effective.
Makes technical corrections to GS 44A-23 regarding a contractor’s lien on real property and perfection of a subcontractor’s subrogation rights effective April 1, 2013 and applies to improvements to real property on or after that date.
Provides that if House Bill 237, 2011 Regular Session, becomes law, then GS 58-36-17 is amended to clarify that the North Carolina Industrial Commission may release certain data, with respect to policies becoming effective on or after January 1, 2012, showing workers compensation insurance policy information that only includes policy effective dates, cancellation dates, and reinstatement dates as a public record as defined in GS 132.1.
Adds new subdivision (17) to GS 89G-3 to provide for the licensure of persons with 10 years of experience in business as an irrigation contractor as of January 1, 2009, without the requirement of an examination. Requires that the experienced irrigation contractor submit the licensure application to the NC Irrigation Contractor’s Licensing Board before October 1, 2012. Directs the Licensing Board to notify the NC Cooperative Extension as quickly as possible upon the effective date of this subdivision of the provisions for licensure of experienced irrigation contractors without the examination requirement.
Defines in GS 150B-21.3(d) the day of adjournment of a regular legislative session held in an odd-numbered year to be the day that the General Assembly adjourns by joint resolution for more than 30 days (was, 10 days). Permits designees of the President pro tempore of the Senate and the Speaker of the House to serve as ex officio members of the Legislative Research Commission (LRC) and to serve as co-chairs of the LRC. Transfers authority, currently vested in the LRC co-chairs, to appoint additional members of the General Assembly to serve on LRC study committees and to appoint non-members of the General Assembly to serve on LRC subcommittees to the President Pro Tem and the Speaker.
Amends GS 143-59(c) to define a resident bidder as one who has (1) paid unemployment taxes or income taxes in this state or (was, and) (2) whose principal place of business is located in this state. Adds new subsection (b1) to require that for any contract for equipment, materials, supplies, and services, a resident bidder be given a maximum of three business days to match or lower the bid of the lowest responsible non-resident bidder only if the resident bidder’s bid was within 5% or $10,000 of the lowest responsible non-resident bidder’s bid, whichever is less. Effective October 1, 2012, and applies to contracts entered into or renewed on or after that date.
Provides that if House Bill 950, 2011 Regular Session, becomes law, that Section 24.20 is repealed (Section 24.20 repeals the Program Evaluation Division (Division) study of the North Carolina Railroad Company. Reinstates the study of the NC Railroad Company). Deletes provision allocating funds available to the Joint Legislative Transportation Oversight Committee for use by the Division to hire consultants to aid in its evaluation. Directs the Division to report its study results to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Transportation Oversight Committee no later than November 1, 2012.
Directs the Division to study, in conjunction with the Department of Administration, the inventory of all state-owned lands and the issue of public ownership of lands submerged under navigable rivers in North Carolina. Directs the Division to report its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee no later than January 15, 2013.
Amends Section 1.4.(a1) of SL 2012-121 to remove any exceptions to the prohibition against any elected public official being a member of the Greater Asheville Regional Airport Authority.
Amends GS 132-1.12 to provide limited access to identifying information for minors participating in local government programs, providing that the name of a minor who has received a scholarship or other financial reward from a local government is a public record.
Amends GS 153A-345(a) to strike provision allowing each designated zoning area to have at least one resident as a member of the board of adjustment in a county in which the board of commissioners does not zone the entire territorial jurisdiction of the county. Applies only to Chatham County.
Extends the period for a cosmetic art shop that practices natural hair care only to comply with the requirements of GS 88B-14 to five years (was, two years) from the effective date of Section 13 of SL 2009-521 as amended by Section 24 of SL 2011-326. Makes conforming changes.
If House Bill 950, 2011 Regular Session, becomes law, (1) amends provisions in Section 24.21(a) of that act, which directs the Department of Transportation to conduct a comprehensive study of the impact of tolling on Interstate 95 (I-95); (2) repeals provision requiring the DOT to report the study results to the 2013 General Assembly by March 1, 2013; and (3) directs the DOT not to toll I-95 prior to approval by the General Assembly (was, prior to July 1, 2014).
If House Bill 950, 2011 Regular Session, does not become law, prohibits tolling of I-95 prior to General Assembly approval and directs the DOT to engage in a comprehensive study of the impact of making Interstate 95 a toll road that includes but is not limited to: (1) the economic impact on residents and businesses along the I-95 corridor, (2) the impact on alternative routes to I-95, (3) new or existing alternative routes for I-95; and (4) options for funding critical repairs and lane mile expansions to I-95 without the use of tolls. Also directs the DOT to solicit feedback on its various tolling proposals from local governments and residents along the I-95 corridor.
Makes additional technical changes and corrections.

Intro. by Hartsell.
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.

Conference report recommends the following change to 3rd edition, as amended, to reconcile matters in controversy. Deletes amendments to GS 15A-266.3A(f), which expanded the list of felony offenses for which a DNA sample is taken upon a person’s arrest.

Intro. by Atwater.
S 961 (2011-2012) ADJOURNMENT SINE DIE. Filed Jul 2 2012, PROVIDING FOR ADJOURNMENT SINE DIE OF THE 2011 REGULAR SESSION OF THE GENERAL ASSEMBLY.

Provides for sine die adjournment on Tuesday, July 3, 2012.

Intro. by Apodaca.JOINT RES

The Daily Bulletin: 2012-07-02

LOCAL/HOUSE BILLS
H 278 (2011-2012) WAKE/KINSTON LOCAL ACT (NEW). Filed Mar 9 2011, TO UPDATE THE PAYROLL SAVINGS PROGRAM FOR SAVINGS BONDS TO REFLECT RECENT CHANGES MADE BY THE UNITED STATES TREASURY DEPARTMENT.

AN ACT 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 E-MAIL ADDRESSES OF MINORS IN SUCH PROGRAMS IN THE TOWNS OF APEX, CARY, FUQUAY-VARINA, GARNER, HOLLY SPRINGS, KNIGHTDALE, MORRISVILLE, ROLESVILLE, WAKE FOREST, WENDELL, AND ZEBULON, AND THE CITY OF RALEIGH, AND TO AUTHORIZE THE CITY OF KINSTON TO DELEGATE TO THE CITY MANAGER OR AN APPOINTED BOARD THE POWER TO GRANT, RENEW, EXTEND, AMEND, REVOKE, OR SUSPEND A TAXICAB FRANCHISE. Summarized in Daily Bulletin 6/28/12. Enacted July 2, 2012. Effective July 2, 2012.

Intro. by Hastings.Lenoir, Wake
H 552/SL 2012-121 (2011-2012) ASHEVILLE AIRPORT/WNC AG CENTER (NEW). Filed Mar 30 2011, TO CREATE THE GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY.

AN ACT TO CREATE THE GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY, TO REMOVE THE ASHEVILLE REGIONAL AIRPORT AND THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER FROM THE ZONING JURISDICTION OF THE CITY OF ASHEVILLE, TO REQUIRE THE CITY OF ASHEVILLE TO CONVEY TO THE STATE OF NORTH CAROLINA ANY OF ITS RIGHT, TITLE, AND INTEREST TO THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER, AND TO REMOVE THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER FROM THE CORPORATE LIMITS OF THE CITY OF ASHEVILLE. Summarized in Daily Bulletin 3/30/11, 4/21/11, 6/2/11, 6/3/11, 6/6/11, and 6/7/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Moffit, McGrady.Buncombe, Henderson
H 945/SL 2012-97 (2011-2012) MARION LEGISLATIVE ANNEXATION. Filed May 16 2012, TO ANNEX TO THE CITY OF MARION A SECTION OF RIGHT-OF-WAY OF US HIGHWAY 70 WEST WHERE A SIDEWALK TO BE MAINTAINED BY THE CITY IS CONSTRUCTED.

AN ACT TO ANNEX TO THE CITY OF MARION A SECTION OF RIGHT-OF-WAY OF US HIGHWAY 70 WEST WHERE A SIDEWALK TO BE MAINTAINED BY THE CITY IS TO BE CONSTRUCTED. Summarized in Daily Bulletin 5/16/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Gillespie.McDowell
H 956/SL 2012-122 (2011-2012) ZONING/JOHNSTON COUNTY OPEN SPACE. Filed May 16 2012, RELATING TO THE USE OF OPEN SPACE FUNDS FOR JOHNSTON COUNTY.

AN ACT RELATING TO THE USE OF OPEN SPACE FUNDS FOR JOHNSTON COUNTY. Summarized in Daily Bulletin 5/16/12, 5/31/12, and 6/27/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Daughtry.Johnston
H 963/SL 2012-98 (2011-2012) TOWN OF COLUMBIA/DEANNEXATION. Filed May 16 2012, REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF COLUMBIA.

AN ACT REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF COLUMBIA. Summarized in Daily Bulletin 5/16/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Owens.Tyrrell
H 987/SL 2012-99 (2011-2012) WAKE TECH BOARD OF TRUSTEES. Filed May 16 2012, TO ALLOW PERSONS WHO WORK IN WAKE COUNTY TO BE ELIGIBLE FOR MEMBERSHIP ON THE BOARD OF TRUSTEES OF WAKE TECHNICAL COMMUNITY COLLEGE.

AN ACT TO ALLOW PERSONS WHO WORK IN WAKE COUNTY TO BE ELIGIBLE FOR MEMBERSHIP ON THE BOARD OF TRUSTEES OF WAKE TECHNICAL COMMUNITY COLLEGE. Summarized in Daily Bulletin 5/16/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Weiss, Ross, Murry, Jackson.Wake
H 991/SL 2012-100 (2011-2012) JACKSON CO. OCCUPANCY TAX CHANGES. Filed May 17 2012, TO POSTPONE THE EFFECTIVE DATE OF CHANGES MADE TO THE JACKSON COUNTY OCCUPANCY TAX DURING THE 2011 REGULAR SESSION OF THE GENERAL ASSEMBLY.

AN ACT TO POSTPONE THE EFFECTIVE DATE OF CHANGES MADE TO THE JACKSON COUNTY OCCUPANCY TAX DURING THE 2011 REGULAR SESSION OF THE GENERAL ASSEMBLY. Summarized in Daily Bulletin 5/17/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Haire.Jackson
H 994/SL 2012-140 (2011-2012) ROCKINGHAM COUNTY DESIGN-BUILD. Filed May 17 2012, TO ALLOW THE COUNTY OF ROCKINGHAM TO USE DESIGN-BUILD DELIVERY METHODS.

AN ACT TO PERMIT THE COUNTY OF ROCKINGHAM TO USE DESIGN-BUILD DELIVERY METHODS. Summarized in Daily Bulletin 5/17/12 and 6/26/12. Enacted July 2, 2012. Effective July 2, 2012.

Intro. by Jones, Holloway.Rockingham
H 1029 (2011-2012) MAYODAN MANAGER RESIDENCY. Filed May 21 2012, TO REMOVE THE REQUIREMENT THAT THE TOWN MANAGER OF MAYODAN BE A RESIDENT OF THAT TOWN.

AN ACT TO REMOVE THE REQUIREMENT THAT THE TOWN MANAGER OF MAYODAN BE A RESIDENT OF THAT TOWN. Summarized in Daily Bulletin 5/21/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Holloway, Jones.
H 1041/SL 2012-102 (2011-2012) HIGH POINT/ARCHDALE BOUNDARIES. Filed May 22 2012, TO EXCHANGE CERTAIN DESCRIBED TRACTS OF LAND BETWEEN THE CITY OF ARCHDALE AND THE CITY OF HIGH POINT.

AN ACT TO EXCHANGE CERTAIN DESCRIBED TRACTS OF LAND BETWEEN THE CITY OF ARCHDALE AND THE CITY OF HIGH POINT. Summarized in Daily Bulletin 5/22/12. Enacted June 28, 2012. Effective July 1, 2012.

Intro. by Faircloth.Guilford
H 1050/SL 2012-103 (2011-2012) ELIZABETHTOWN INDUSTR. PARK DEANNEXATION. Filed May 22 2012, TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 1 OF ARTICLE VII OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE BY REPEALING SPECIFIED INVOLUNTARY ANNEXATION ORDINANCES OF THE TOWN OF ELIZABETHTOWN RELATING TO THE INDUSTRIAL PARK AREA, AND BY PROHIBITING MUNICIPAL INITIATION OF ANY PROCEDURE TO INVOLUNTARILY ANNEX THOSE AREAS FOR TWELVE YEARS.

AN ACT TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 1 OF ARTICLE VII OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE BY REPEALING SPECIFIED INVOLUNTARY ANNEXATION ORDINANCES OF THE TOWN OF ELIZABETHTOWN RELATING TO THE INDUSTRIAL PARK AREA, AND BY PROHIBITING MUNICIPAL INITIATION OF ANY PROCEDURE TO INVOLUNTARILY ANNEX THOSE AREAS FOR TWELVE YEARS. Summarized in Daily Bulletin 5/22/12. Enacted June 28, 2012. Effective June 29, 2012.

Intro. by Brisson.Bladen
H 1051/SL 2012-104 (2011-2012) ELIZABETHTOWN HAYFIELDS DEANNEXATION. Filed May 22 2012, TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 1 OF ARTICLE VII OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE BY REPEALING SPECIFIED INVOLUNTARY ANNEXATION ORDINANCES OF THE TOWN OF ELIZABETHTOWN RELATING TO THE HAYFIELDS AREA, AND BY PROHIBITING MUNICIPAL INITIATION OF ANY PROCEDURE TO INVOLUNTARILY ANNEX THOSE AREAS FOR TWELVE YEARS.

AN ACT TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 1 OF ARTICLE VII OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE BY REPEALING SPECIFIED INVOLUNTARY ANNEXATION ORDINANCES OF THE TOWN OF ELIZABETHTOWN RELATING TO THE HAYFIELDS AREA, AND BY PROHIBITING MUNICIPAL INITIATION OF ANY PROCEDURE TO INVOLUNTARILY ANNEX THOSE AREAS FOR TWELVE YEARS. Summarized in Daily Bulletin 5/22/12. Enacted June 28, 2012. Effective June 29, 2012.

Intro. by Brisson.Bladen
H 1059/SL 2012-105 (2011-2012) ASHEBORO TOWING. Filed May 22 2012, TO ALLOW THE CITY OF ASHEBORO TO TOW MOTOR VEHICLES IMPEDING THE OPERATION OF THE DOWNTOWN FARMERS' MARKET.

AN ACT TO ALLOW THE CITY OF ASHEBORO TO TOW MOTOR VEHICLES IMPEDING THE OPERATION OF THE DOWNTOWN FARMERS' MARKET. Summarized in Daily Bulletin 5/22/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Brubaker.Randolph
H 1071/SL 2012-106 (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.

AN ACT TO PROVIDE FOR THE DATE FOR THE ORGANIZATIONAL MEETING OF THE WAKE COUNTY BOARD OF EDUCATION TO BE GOVERNED BY GENERAL LAW. Summarized in Daily Bulletin 5/22/12 and 6/11/12. Enacted June 28, 2012. Effective December 1, 2012.

Intro. by Gill, Ross, Murry, Jackson.Wake
H 1087/SL 2012-107 (2011-2012) FONTANA DAM OCCUPANCY TAX. Filed May 23 2012, AUTHORIZE THE TOWN OF FONTANA DAM TO LEVY AN OCCUPANCY TAX.

AN ACT TO AUTHORIZE THE TOWN OF FONTANA DAM TO LEVY AN OCCUPANCY TAX. Summarized in Daily Bulletin 5/23/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by West.Graham
H 1090/SL 2012-108 (2011-2012) ORANGE-ALAMANCE REMAINING 9% BOUNDARY. Filed May 23 2012, TO ESTABLISH THE REMAINING NINE PERCENT OF THE COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY NOT ADDRESSED BY SESSION LAW 2011 88 AND AS AUTHORIZED BY THE GENERAL ASSEMBLY BY SESSION LAW 2010 61 ENABLING THE CHANGES IN THE HISTORIC ORANGE COUNTY ALAMANCE COUNTY BOUNDARY LINE AS DESCRIBED IN THE 1849 SURVEY ESTABLISHING ALAMANCE COUNTY.

AN ACT TO ESTABLISH THE REMAINING NINE PERCENT OF THE COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY NOT ADDRESSED BY SESSION LAW 2011-88 AND AS AUTHORIZED BY THE GENERAL ASSEMBLY BY SESSION LAW 2010-61 ENABLING THE CHANGES IN THE HISTORIC ORANGE COUNTY-ALAMANCE COUNTY BOUNDARY LINE AS DESCRIBED IN THE 1849 SURVEY ESTABLISHING ALAMANCE COUNTY. Summarized in Daily Bulletin 5/23/12 and 6/13/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Insko, Hackney, Bordsen, Ingle.Alamance, Orange
H 1106/SL 2012-109 (2011-2012) APEX ANNEXATION. Filed May 23 2012, TO ANNEX CERTAIN DESCRIBED TERRITORY TO THE CORPORATE LIMITS OF THE TOWN OF APEX.

AN ACT TO ANNEX CERTAIN DESCRIBED TERRITORY TO THE CORPORATE LIMITS OF THE TOWN OF APEX. Summarized in Daily Bulletin 5/23/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Murry, Dollar, Stam.Wake
H 1110/SL 2012-110 (2011-2012) MATTHEWS/STALLINGS BOUNDARY ADJUSTMENT. Filed May 23 2012, TO REMOVE CERTAIN DESCRIBED PROPERTIES FROM THE CORPORATE LIMITS OF THE TOWN OF MATTHEWS AND ANNEX IT TO THE TOWN OF STALLINGS, BOTH AT THE REQUEST OF THE RESPECTIVE TOWN GOVERNING BOARDS.

AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTIES FROM THE CORPORATE LIMITS OF THE TOWN OF MATTHEWS AND ANNEX IT TO THE TOWN OF STALLINGS, BOTH AT THE REQUEST OF THE RESPECTIVE TOWN GOVERNING BOARDS. Summarized in Daily Bulletin 5/23/12. Enacted June 28, 2012. Effective June 30, 2012.

Intro. by Horn, Brawley, Cotham, and McGuirt.Mecklenburg
H 1122/SL 2012-111 (2011-2012) MARTIN COUNTY FIRE DISTRICTS Filed May 23 2012, TO VALIDATE CERTAIN LEVIES AND COLLECTION OF FIRE DISTRICT TAXES IN MARTIN COUNTY AND TO ALLOW MARTIN COUNTY TO ABOLISH BY RESOLUTION ITS CHAPTER 69 FIRE PROTECTION DISTRICTS UPON ESTABLISHMENT OF FIRE PROTECTION SERVICE DISTRICTS UNDER CHAPTER 153A OF THE GENERAL STATUTES.

AN ACT TO VALIDATE CERTAIN LEVIES AND COLLECTION OF FIRE DISTRICT TAXES IN MARTIN COUNTY AND TO ALLOW MARTIN COUNTY TO ABOLISH BY RESOLUTION ITS CHAPTER 69 FIRE PROTECTION DISTRICTS UPON ESTABLISHMENT OF FIRE PROTECTION SERVICE DISTRICTS UNDER CHAPTER 153A OF THE GENERAL STATUTES. Summarized in Daily Bulletin 5/23/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by E. Warren, Tolson.Martin
H 1123/SL 2012-112 (2011-2012) DURHAM COUNTY MEMORIAL STADIUM. Filed May 23 2012, AMENDING THE ACT AUTHORIZING THE APPOINTMENT OF AN AUTHORITY TO CONTROL THE MANAGEMENT OF A MEMORIAL STADIUM TO BE ERECTED BY DURHAM COUNTY, TO INCREASE ITS MEMBERSHIP, AND TO AMEND ITS TERM LIMITS.

AN ACT AMENDING THE ACT AUTHORIZING THE APPOINTMENT OF AN AUTHORITY TO CONTROL THE MANAGEMENT OF A MEMORIAL STADIUM TO BE ERECTED BY DURHAM COUNTY, TO INCREASE ITS MEMBERSHIP, AND TO AMEND ITS TERM LIMITS. Summarized in Daily Bulletin 5/23/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Michaux, Luebke, Hall, Wilkins.Durham
H 1169/SL 2012-124 (2011-2012) TOWN OF BURGAW/DEANNEXATION. Filed May 29 2012, REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF BURGAW.

AN ACT REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF BURGAW, AND CONCERNING COUNTY ZONING OF LOCAL DEANNEXED AREAS. Summarized in Daily Bulletin 5/29/12 and 6/27/12. Enacted June 29, 2012. Effective July 1, 2012.

Intro. by Justice.Pender
H 1170/SL 2012-125 (2011-2012) PENDER COUNTY ABC LAW. Filed May 29 2012, TO AMEND THE PROCESS BY WHICH MEMBERS OF THE PENDER COUNTY BOARD OF ALCOHOLIC CONTROL ARE SELECTED; TO REMOVE THE REQUIREMENT THAT THE PENDER COUNTY BOARD OF ALCOHOLIC CONTROL LOCATE ONE OR MORE STORES IN THE TOWNS OF BURGAW AND ATKINSON; AND TO AMEND THE DISTRIBUTION OF CERTAIN NET PROFITS FROM THE PENDER COUNTY BOARD OF ALCOHOLIC CONTROL.

AN ACT TO AMEND THE PROCESS BY WHICH MEMBERS OF THE PENDER COUNTY BOARD OF ALCOHOLIC CONTROL ARE SELECTED; TO REMOVE THE REQUIREMENT THAT THE PENDER COUNTY BOARD OF ALCOHOLIC CONTROL LOCATE ONE OR MORE STORES IN THE TOWNS OF BURGAW AND ATKINSON; AND TO AMEND THE DISTRIBUTION OF CERTAIN NET PROFITS FROM THE PENDER COUNTY BOARD OF ALCOHOLIC CONTROL. Summarized in Daily Bulletin 5/29/12. Enacted June 29, 2012. Effective July 1, 2012.

Intro. by Justice.Pender
H 1196/SL 2012-113 (2011-2012) ALBEMARLE MENTAL HEALTH CENTER PROPERTY. Filed May 30 2012, TO PROVIDE A PROCESS FOR CONVEYING AN INTEREST IN REAL PROPERTY OWNED BY ALBEMARLE MENTAL HEALTH CENTER TO EAST CAROLINA BEHAVIORAL HEALTH.

AN ACT TO PROVIDE A PROCESS FOR CONVEYING AN INTEREST IN REAL PROPERTY OWNED BY ALBEMARLE MENTAL HEALTH CENTER TO EAST CAROLINA BEHAVIORAL HEALTH. Summarized in Daily Bulletin 5/30/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Owens.Camden, Currituck, Perquimans
H 1197/SL 2012-114 (2011-2012) ADD STOKES CTY TO TAX CERT BEFORE RECORDATION. Filed May 30 2012, TO AUTHORIZE STOKES COUNTY TO REQUIRE THE PAYMENT OF DELINQUENT PROPERTY TAXES BEFORE RECORDING DEEDS CONVEYING PROPERTY.

AN ACT TO AUTHORIZE STOKES COUNTY TO REQUIRE THE PAYMENT OF DELINQUENT PROPERTY TAXES BEFORE RECORDING DEEDS CONVEYING PROPERTY. Summarized in Daily Bulletin 5/30/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Holloway.Stokes
H 1199/SL 2012-115 (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.

AN ACT AUTHORIZING THE TOWN OF LAKE LURE TO CONVEY CERTAIN DESCRIBED PROPERTY BY GIFT, PRIVATE SALE, OR LONG-TERM LEASE. Summarized in Daily Bulletin 5/30/12 and 6/12/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Hager.Rutherford
H 1200/SL 2012-123 (2011-2012) WINSTON-SALEM/NEW BERN FIREFIGHTERS RETIRE (NEW). Filed May 30 2012, TO AMEND THE PROVISIONS OF THE WINSTON-SALEM FIREMEN'S RETIREMENT FUND.

AN ACT TO AMEND THE PROVISIONS OF THE WINSTON-SALEM FIREMEN'S RETIREMENT FUND AND TO REPEAL THE PROVISIONS ESTABLISHING THE NEW BERN FIREMEN'S SUPPLEMENTAL RETIREMENT FUND. Summarized in Daily Bulletin 5/30/12, 6/13/12, and 6/27/12. Enacted June 28, 2012. Effective July 1, 2012.

Intro. by McGee.Craven, Forsyth
H 1202/SL 2012-116 (2011-2012) ROANOKE RAPIDS DEANNEX/HALIFAX N'HMPT AIRPORT. Filed May 30 2012, TO DEANNEX FROM THE CITY OF ROANOKE RAPIDS A PARCEL PREVIOUSLY ANNEXED BY A LEGISLATIVE ANNEXATION AND AMENDING THE AUTHORIZING LEGISLATION FOR THE HALIFAX-NORTHAMPTON REGIONAL AIRPORT AUTHORITY.

AN ACT TO DEANNEX FROM THE CITY OF ROANOKE RAPIDS A PARCEL PREVIOUSLY ANNEXED BY A LEGISLATIVE ANNEXATION AND AMENDING THE AUTHORIZING LEGISLATION FOR THE HALIFAX-NORTHAMPTON REGIONAL AIRPORT AUTHORITY. Summarized in Daily Bulletin 5/30/12 and 6/13/12. Enacted June 28, 2012. Effective June 28, 2012, except as otherwise provided.

Intro. by Bryant, Bradley.Halifax, Northampton
H 1206/SL 2012-117 (2011-2012) BUTNER BOUNDARY CLARIFICATION. Filed May 30 2012, TO MORE ACCURATELY DESCRIBE THE CORPORATE LIMITS OF THE TOWN OF BUTNER.

AN ACT TO MORE ACCURATELY DESCRIBE THE CORPORATE LIMITS OF THE TOWN OF BUTNER. Summarized in Daily Bulletin 5/30/12 and 6/13/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Crawford.Granville
H 1215 (2011-2012) HENDERSON COUNTY OCCUPANCY TAX CHANGES. Filed May 30 2012, TO SUPPORT THE STATE THEATER OF NORTH CAROLINA KNOWN AS THE FLAT ROCK PLAYHOUSE.

Conference report recommends the following changes to 3rd edition to reconcile matters in controversy.
Provides that the Senate recedes from Senate Amendment #1 (6/28/12) and deletes the 3rd edition and replaces it with a Proposed Conference Committee Substitute with provisions as follows.
Retains amendments SL 1987-172, as amended, to authorize the Henderson County Board of Commissioners (Board) to levy a room occupancy and tourism development tax of no less than 3% or more than 5%. Also retains provision authorizing the Board to levy an additional room occupancy and tourism development tax of up to 1%. Provides that both the existing and additional tax must be levied, administered, collected, and repealed as provided in GS 153A-155 (uniform provisions for room occupancy taxes). Prohibits Henderson County from levying the additional 1% tax unless it also levies the existing room occupancy and tourism development tax.
Directs the county to remit the net proceeds of the room occupancy and tourism development tax to the Authority on a quarterly basis. Directs the Authority to use at least two-thirds of the net proceeds (the first 5%) of the room occupancy tax to promote travel and tourism in Henderson County and to use the remainder for tourism-related expenses. Directs the Authority to use the net proceeds of the additional 1% tax for the maintenance, operation, renovation, and promotion of The Vagabond School of the Drama, Inc. including the Mainstage and the Playhouse Downtown locations.
Retains definitions for the following terms as they apply in this act: (1) net proceeds, (2) promote travel and tourism, and (3) tourism related expenditures.
Directs the Board to adopt a resolution creating the Henderson Tourism Development Authority (Authority) (was, Henderson Travel and Tourism Committee) at the same time that it adopts a resolution levying a room occupancy tax under this act. Requires the resolution to provide for membership, terms of office, and the filling of vacancies on the Authority. Prohibits any member serving more than five consecutive years on the Authority. Provides that the Authority is to have nine voting members and that at least one-third of the members must be individuals who are affiliated with businesses that collect tax in the county and at minimum one-half of the members must be persons who are active in the promotion of tourism and travel in the county. Provides additional guidelines regarding the composition of the membership of the Authority. Provides specific duties of the Authority and requires the Authority to quarterly reports and an end of the fiscal year report to the Board.
Adds a provision directing the Vagabond School of the Drama to submit financial statements of its expenditures of funds it receives under this act on an annual basis to the Authority by October 1. Directs the Board to adopt a resolution establishing the Authority and to make changes to the membership as required by this section on or before September 1, 2012.
Effective July 1, 2014, amends the use of the tax revenue to require the Authority to use at least two-thirds of the tax proceeds to promote travel and tourism in the county and the remainder for other tourism–related expenditures. Deletes provisions that allocated the tax revenue for use of the first 5% to promote travel and tourism and related expenses, and provisions assigning the additional 1% tax proceeds to The Vagabond School of the Drama.
Amends GS 153A-155(g) to include Henderson among the counties and county districts that levy an occupancy tax.
Except as otherwise indicated, this act is effective when it becomes law.

Intro. by McGrady.Henderson
H 1216/SL 2012-118 (2011-2012) TOWN OF WALLACE/SATELLITE ANNEXATIONS. Filed May 30 2012, REMOVING CERTAIN RESTRICTIONS ON SATELLITE ANNEXATIONS FOR THE TOWN OF WALLACE.

AN ACT REMOVING CERTAIN RESTRICTIONS ON SATELLITE ANNEXATIONS FOR THE TOWN OF WALLACE. Summarized in Daily Bulletin 5/30/12 and 6/14/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Dixon.Duplin, Pender
H 1217/SL 2012-119 (2011-2012) ASHEVILLE/WOODFIN BOUNDARY ADJUSTMENTS. Filed May 30 2012, TO ADJUST THE BOUNDARIES OF THE TOWN OF WOODFIN AND THE CITY OF ASHEVILLE, AS REQUESTED BY THE GOVERNING BOARDS OF THOSE MUNICIPALITIES, BY (1) ANNEXING INTO THE CITY OF ASHEVILLE CERTAIN STATE-OWNED PROPERTY, (2) REMOVING CERTAIN STATE-OWNED PROPERTY FROM THE TOWN OF WOODFIN AND ANNEXING IT INTO THE CITY OF ASHEVILLE, (3) REMOVING CERTAIN STATE-OWNED AND PRIVATE PROPERTY FROM THE CITY OF ASHEVILLE AND ANNEXING IT INTO THE TOWN OF WOODFIN, AND (4) UPON PETITION OF THE OWNER AND WITH THE CONCURRENCE OF THE TOWN OF WOODFIN, ALLOWING THE CITY OF ASHEVILLE TO ANNEX CERTAIN PROPERTY IN THE TOWN OF WOODFIN THAT, AS A RESULT OF THE OPERATION OF THIS ACT, IS SURROUNDED BY THE CITY OF ASHEVILLE OR A COMBINATION OF THE CITY OF ASHEVILLE AND UNINCORPORATED AREA, AND PROVIDING FOR THE CITY OF ASHEVILLE AND THE TOWN OF WOODFIN TO ENTER INTO AGREEMENTS REGARDING THE PROVISION OF MUNICIPAL SERVICES TO CERTAIN PROPERTIES IN EACH OTHER'S JURISDICTION.

AN ACT TO ADJUST THE BOUNDARIES OF THE TOWN OF WOODFIN AND THE CITY OF ASHEVILLE, AS REQUESTED BY THE GOVERNING BOARDS OF THOSE MUNICIPALITIES, BY (1) ANNEXING INTO THE CITY OF ASHEVILLE CERTAIN STATE-OWNED PROPERTY, (2) REMOVING CERTAIN STATE-OWNED PROPERTY FROM THE TOWN OF WOODFIN AND ANNEXING IT INTO THE CITY OF ASHEVILLE, (3) REMOVING CERTAIN STATE-OWNED AND PRIVATE PROPERTY FROM THE CITY OF ASHEVILLE AND ANNEXING IT INTO THE TOWN OF WOODFIN, AND (4) UPON PETITION OF THE OWNER AND WITH THE CONCURRENCE OF THE TOWN OF WOODFIN, ALLOWING THE CITY OF ASHEVILLE TO ANNEX CERTAIN PROPERTY IN THE TOWN OF WOODFIN THAT, AS A RESULT OF THE OPERATION OF THIS ACT, IS SURROUNDED BY THE CITY OF ASHEVILLE OR A COMBINATION OF THE CITY OF ASHEVILLE AND UNINCORPORATED AREA, AND PROVIDING FOR THE CITY OF ASHEVILLE AND THE TOWN OF WOODFIN TO ENTER INTO AGREEMENTS REGARDING THE PROVISION OF MUNICIPAL SERVICES TO CERTAIN PROPERTIES IN EACH OTHER'S JURISDICTION. Summarized in Daily Bulletin 5/30/12 and 6/14/12. Enacted June 28, 2012. Effective June 30, 2012.

Intro. by Fisher, Moffitt, Keever.Buncombe

The Daily Bulletin: 2012-07-02

LOCAL/SENATE BILLS
S 848 (2011-2012) DURHAM CITY ASSESSMENTS. Filed May 21 2012, INCORPORATING ADDITIONAL BASES FOR MAKING ASSESSMENTS UNDER THE CHARTER OF THE CITY OF DURHAM IN THE CASE OF BOTH PETITIONED AND NON-PETITIONED ASSESSMENTS.

AN ACT INCORPORATING ADDITIONAL BASES FOR MAKING ASSESSMENTS UNDER THE CHARTER OF THE CITY OF DURHAM IN THE CASE OF BOTH PETITIONED AND NON-PETITIONED ASSESSMENTS. Summarized in Daily Bulletin 5/21/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by McKissick, Atwater.Durham
S 876 (2011-2012) MOORESVILLE DEANNEXATION. Filed May 23 2012, TO REMOVE A CERTAIN DESCRIBED TRACT FROM THE CORPORATE LIMITS OF THE TOWN OF MOORESVILLE AT THE REQUEST OF THE TOWN BOARD OF COMMISSIONERS.

AN ACT TO REMOVE A CERTAIN DESCRIBED TRACT FROM THE CORPORATE LIMITS OF THE TOWN OF MOORESVILLE AT THE REQUEST OF THE TOWN BOARD OF COMMISSIONERS. Summarized in Daily Bulletin 5/23/12. Enacted July 2, 2012. Effective June 30, 2012.

Intro. by Carney.Iredell
S 900 (2011-2012) SURF CITY DEANNEXATION. Filed May 24 2012, REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF SURF CITY.

AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF SURF CITY. Summarized in Daily Bulletin 5/24/12. Enacted June 28, 2012. Effective June 30, 2012.

Intro. by Rabon.Onslow, Pender
S 901 (2011-2012) OCEAN ISLE BEACH SATELLITE ANNEXATION. Filed May 24 2012, REMOVE THE CAP ON SATELLITE ANNEXATIONS FOR THE TOWN OF OCEAN ISLE BEACH.

AN ACT TO REMOVE THE CAP ON SATELLITE ANNEXATIONS FOR THE TOWN OF OCEAN ISLE BEACH. Summarized in Daily Bulletin 5/24/12. Enacted June 28, 2012. Effective June 28, 2012.

Intro. by Rabon.Brunswick
ACTIONS ON BILLS

Actions on Bills: 2012-07-02

PUBLIC BILLS

H 54: HABITUAL MISDEMEANOR LARCENY.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 7/2/2012
    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 7/2/2012
    House: Failed concur in S/Com Sub
    House: Conf Com Appointed
    Senate: Conf Com Appointed
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/2/2012

H 180: WILMINGTON VOLUNTARY ANNEXATIONS (NEW).

    House: Concurred On 3rd Reading
    Ratified
    Ch. SL 2012-138

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

    Senate: Conf Com Appointed
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/2/2012
    House: Conf Com Reported
    House: Placed On Cal For 7/2/2012
    House: Conf Report Adopted
    Senate: Conf Report Adopted

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

    House: Conf Com Reported
    House: Placed On Cal For 7/2/2012
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/2/2012
    Senate: Conf Report Adopted
    House: Conf Report Adopted
    Ratified

H 320: WATER RESOURCES FLEXIBILITY (NEW).

    House: Concurred In S/Com Sub
    Ratified

H 457: MUNICIPAL ELECTRIC UTILITIES/RATE HEARINGS (NEW).

    House: Concurred In S Amend
    House: Concurred In S/Com Sub
    Ratified

H 494: CONTINUOUS ALCOHOL MONITORING LAW CHANGES.

    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 7/2/2012
    House: Concurred In S/Com Sub
    Ratified

H 572: ACCOUNTABILITY FOR PUBLICLY FUNDED NONPROFITS.

    House: Concurred In S Amend 1 & 2
    House: Concurred In S/Com Sub
    Ratified

H 585: VEHICLE EMISSIONS INSPECTIONS (NEW).

    House: Withdrawn From Cal
    House: Re-ref Com On Commerce and Job Development Subcommittee on Alcoholic Beverage Control
    House: Withdrawn From Com
    House: Placed On Cal For 7/2/2012
    House: Failed concur in S/Com Sub
    House: Conf Com Appointed
    Senate: Conf Com Appointed
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/3/2012

H 690: AMEND EVIDENCE & DNA EXPUNCTION LAWS (NEW).

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

H 799: LICENSURE BY ENDORSEMENT/MILITARY SPOUSES.

    House: Concurred in S/Com Sub 2
    Ratified

H 819: COASTAL MANAGEMENT POLICIES (NEW).

    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/2/2012
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 7/2/2012

H 837: COMPLETION OF CPR BY STUDENTS REQUIRED.

    House: Withdrawn From Com
    House: Placed On Cal For 7/2/2012
    House: Concurred In S/Com Sub
    Ratified

H 914: AEDS IN STATE BUILDINGS.

    House: Concurred In S/Com Sub
    Ratified

H 950: MODIFY 2011 APPROPRIATIONS ACT.

    House: Veto Overridden
    Senate: Rec From House
    Senate: Placed On Cal For 7/2/2012
    Senate: Veto Overridden
    Ch. SL 2012-142

H 953: AMEND ENVIRONMENTAL LAWS 2 (NEW).

    House: Postponed To 7/3/2012

H 1023: EXPUNCTION/NONVIOLENT OFFENSES.

    Senate: Passed 2nd & 3rd Reading
    Ratified

H 1077: PPP PILOT TOLL PROJECT/FERRY TOLLS (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed On Cal For 7/2/2012
    Senate: Passed 2nd Reading

H 1173: ABSCONDING PROB. VIOLATORS FORFEIT BENEFITS.

    House: Concurred In S/Com Sub
    Ratified

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

    Senate: Reptd Fav
    Senate: Placed On Cal For 7/2/2012
    Senate: Amend Adopted 1
    Senate: Passed 2nd & 3rd Reading
    House: Rec From Senate

H 1219: HONOR MEMBERS FOR THEIR SERVICE.

    House: Adopted

H 1233: HONOR KINSTON'S 250TH ANNIVERSARY.

    House: Passed 2nd & 3rd Reading
    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Placed On Cal For 7/2/2012
    Senate: Passed 2nd & 3rd Reading
    Ratified
    Ch. Res 2012-11

H 1234: 2012 APPOINTMENTS BILL (NEW).

    Senate: Amend Adopted 1
    Senate: Passed 2nd Reading
    Senate: Amend Adopted 2
    Senate: Passed 3rd Reading
    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Rec To Concur In S Amend 1 & 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 7/2/2012
    House: Concurred In S Amend 1 & 2
    House: Concurred In S/Com Sub
    Ratified
    Ch. SL 2012-141

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

    Senate: Concurred In H/com Sub
    Ratified

S 191: LME GOVERNANCE (NEW).

    Senate: Conf Com Withdrawn/dismi
    House: Conf Com Reported
    House: Placed On Cal For 7/2/2012
    House: Conf Report Adopted
    Senate: Conf Com Appointed
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/3/2012

S 227: SCHOOL BUS CRASH REPORT NAME DISCLOSURE (NEW).

    House: Amend Adopted 1
    House: Passed 2nd & 3rd Reading
    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 7/2/2012
    Senate: Concurred In H/com Sub

S 229: AMEND ENVIRONMENTAL LAWS 2012 (NEW).

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

S 382: AMEND WATER SUPPLY/WATER QUALITY LAWS (NEW).

    Senate: Conf Com Appointed
    House: Conf Com Appointed
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/2/2012
    Senate: Conf Report Failed
    House: Conf Com Reported
    House: Placed On Cal For 7/2/2012

S 399: ECOSYSTEM ENHANCEMENT PROGRAM (NEW).

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

S 416: AMEND DEATH PENALTY PROCEDURES (NEW).

    Senate: Veto Overridden
    House: Rec From Senate
    House: Cal For Immediate Consid
    House: Veto Overridden
    Ch. SL 2012-136

S 433: LOCAL HUMAN SERVICES ADMINISTRATION

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

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

    House: Conf Com Reported
    House: Placed On Cal For 7/2/2012
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/2/2012
    Senate: Conf Report Adopted
    House: Conf Report Adopted
    Ratified

S 626: LRC TO STUDY FERRY TOLLS/JUV. JUSTICE REFORMS (NEW).

    House: Passed 2nd & 3rd Reading
    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 7/2/2012
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

S 635: MINORS/SENTENCING FOR 1ST DEGREE MURDER (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Passed 2nd & 3rd Reading
    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 7/2/2012
    Senate: Concurred In H/com Sub

S 707: SCHOOL VIOLENCE PREVENTION ACT.

    House: Conf Com Reported
    House: Placed On Cal For 7/2/2012
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/2/2012
    Senate: Conf Report Adopted
    House: Conf Report Adopted

S 820: CLEAN ENERGY AND ECONOMIC SECURITY ACT.

    Senate: Placed On Cal For 7/2/2012
    Senate: Veto Overridden
    House: Rec From Senate
    House: Placed On Cal For 7/2/2012
    House: Veto Overridden
    Ch. SL 2012-143

S 847: GSC TECHNICAL CORRECTIONS/OTHER CHANGES (NEW).

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance
    House: Reptd Fav As Amended
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 7/2/2012
    House: Amend Adopted 1
    House: Amend Adopted 2
    House: Amend Adopted 3
    House: Amend Adopted 4
    House: Amend Adopted 5
    House: Amend Adopted 6
    House: Amend Adopted 7
    House: Amend Adopted 8
    House: Passed 2nd & 3rd Reading

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

    Senate: Failed Concur In Com Sub
    Senate: Conf Com Appointed
    House: Conf Com Appointed
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/2/2012
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 7/2/2012

S 957: RESOLUTION OF DISAPPROVAL OF REORGANIZATION.

    Senate: Adopted

S 959: WELCOME HOME VIETNAM VETERANS DAY.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 7/2/2012
    Senate: Adopted

S 961: ADJOURNMENT SINE DIE.

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Placed On Cal For 7/2/2012
    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
    House: Withdrawn From Com
    House: Placed On Cal For 7/2/2012

Actions on Bills: 2012-07-02

LOCAL BILLS

H 278: WAKE/KINSTON LOCAL ACT (NEW).

    House: Concurred In S/Com Sub
    Ratified
    Ch. SL 2012-139

H 994: ROCKINGHAM COUNTY DESIGN-BUILD.

    Senate: Reptd Fav
    Senate: Placed On Cal For 7/2/2012
    Senate: Passed 2nd & 3rd Reading
    Ratified
    Ch. SL 2012-140

H 1215: HENDERSON COUNTY OCCUPANCY TAX CHANGES.

    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/2/2012
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 7/2/2012

S 876: MOORESVILLE DEANNEXATION.

    House: Passed 3rd Reading
    Ratified
    Ch. SL 2012-137

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