The Daily Bulletin: 2012-07-03

The Daily Bulletin: 2012-07-03

PUBLIC/HOUSE BILLS
H 32 (2011-2012) ELECTORAL FREEDOM ACT OF 2011. Filed Feb 2 2011, TO AMEND THE STATUTORY REQUIREMENT FOR A POLITICAL PARTY TO MAINTAIN BALLOT ELIGIBILITY; TO PROVIDE THAT THE RESULTS OF PRIMARIES OF POLITICAL PARTIES WITH LESS THAN TEN PERCENT OF THE REGISTERED VOTERS ARE DETERMINED BY A PLURALITY UNLESS THE PARTY CHOOSES TO NOMINATE BY CONVENTION; TO CHANGE THE DEFINITION OF A "POLITICAL PARTY" BY REDUCING THE NUMBER OF SIGNATURES REQUIRED FOR THE FORMATION OF A NEW POLITICAL PARTY; TO REDUCE THE NUMBER OF SIGNATURES REQUIRED FOR UNAFFILIATED CANDIDATES TO OBTAIN BALLOT ACCESS ELIGIBILITY; AND TO ELIMINATE THE NEED FOR PETITIONS FOR WRITE IN CANDIDACY.

Senate amendment makes the following change to 2nd edition. Changes the effective date of the act to January 1, 2013 (was, January 1, 2012).

Intro. by LaRoque, Bradley, Luebke, Farmer-Butterfield.
H 950/SL 2012-142 (2011-2012) MODIFY 2011 APPROPRIATIONS ACT. Filed May 16 2012, TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2011 AND FOR OTHER PURPOSES.

AN ACT TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2011 AND FOR OTHER PURPOSES. Enacted July 2, 2012. Effective July 1, 2012, except as otherwise provided.

Intro. by Brubaker.
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 amendment makes the following change to 4th edition.
Deletes provision that prohibited the Department of Transportation from collecting increased ferry tolls in 2012-13 and that reallocated specified funds.

Intro. by Frye, Mills.

The Daily Bulletin: 2012-07-03

PUBLIC/SENATE BILLS
S 187 (2011-2012) MODIFICATIONS/2012 APPROPRIATIONS ACT (NEW). Filed Mar 2 2011, TO MAKE THE USE OF PHOTOGRAPHIC CAMERA SYSTEMS TO REGULATE TRAFFIC UNLAWFUL.

Conference report recommends the following changes to 5th edition to reconcile matters in controversy.
Part I. General Provisions.
Decreases the reductions from the General Fund allocations to the Department of Commerce as follows: (1) reduces the reduction from the Rural Economic Development Center to $1,757,535 (was, $3,757,535) and (2) reduces the reduction from Commerce State Aid to $217,540 (was, $1,217,540) resulting in a total appropriation from the General Fund for Total Current Operations of $240,413,109 (was, $237,413,109).
Amends the amounts for General Fund availability used in adjusting the 2012-13 budget by increasing anticipated reversions and increasing the diversion of Golden L.E.A.F Funds. Makes conforming changes to adjust subtotals and revise the total General Fund Availability for 2012-13.
Amends Section 2.2(e) of SL 2011-145, as amended, to transfer $24,313,760 to the General Fund for the 2012-13 fiscal year from the annual installment payments to the North Carolina State Specific Account that would have been transferred to The Golden L.E.A.F. Inc.
Amends Section 5.3(d) of SL 2012-142 to direct that regardless of GS 18C-164(f) or any other provision of law, excess lottery receipts from the 2011-12 fiscal year in the amount of $32,133,641 (was, $25,588,370) are to be allocated for UNC Need-Based Financial Aid.
Part II. Education.
Deletes provision that repealed Section 7.18 (Budgeting of Position Allotments) of House Bill 950, 2012 Regular Session, if that act became law.
Amends Section 7.21(a) of SL 2011-145, as amended, to make the provision applicable for fiscal year 2012-13 (was, 2011-12) and to provide that regarding maximum flexibility for local school administrative units in the spending of state funds, including transfers of funds, for funds related to classroom teacher positions, the salary transferred must be based on the step corresponding to six years of experience on the “A” Teachers salary schedule (was, based on the first step of the Teachers salary schedule). Makes a conforming change to Section 7.18(b) of SL 2012-142. Limits application of this section to the 2012-13 fiscal year only. Provides that it is the intent of the General Assembly in subsequent fiscal years that all transfers of teacher and instructional support personnel positions be based on step zero of the “A” Teachers salary schedule.
Amends GS 115C-84.2 to provide that a school calendar is to include a minimum of 185 days or 1,025 instructional hours (was, a minimum of 185 days and 1,025 instructional hours). Deletes provision authorizing the State Board of Education to grant a waiver to a local board of education to use up to five of the required instructional days as teacher workdays. Makes additional conforming changes.
Provides that except for year round schools, the opening school date for students must be no earlier than the Monday closest to August 26 (was, no earlier than August 25), and the closing date for students must not be later than the Friday closest to June 11 (was, no later than June 10). Makes exceptions to the opening and closing requirements based on good cause, defied as meaning schools that have been closed eight days (was, also applied to schools closed for all or part of eight days) per year during any four of the last 10 years because of severe weather conditions, energy shortages, power failures, or other emergency situations.. Deletes the option of a waiver of this requirement for an educational purpose.
Amends GS 115C-238.53 (regarding Cooperative Innovative High School Programs) to provide that a program approved under Part 9 of GS 115C is to provide instruction for at least 185 days or 1,025 instructional hours each school year; however, provides that the requirements of GS 115C-84.2 do not apply to the school calendar of a program approved under Part 9.
Provisions in this section apply beginning with the 2013-14 school year.
Part III. Health and Human Services.
Deletes sections included in previous edition that made changes to provisions concerning the appropriation for READ NC; psychiatric beds; local health department initiatives; and Medicaid funding. Clarifies, in Section 10.23A(f) (Transitions to Community Living Initiative), that the Department of Health and Human Services (DHHS) may make the monthly payment from the $39,700,000 designated for implementation of the State’s plan, and makes other clarifying changes. Clarifies that Section 10.9F(c) (concerning Medicaid recipients eligible for personal care services) becomes effective January 1, 2013 (was, subsections (c) and (d)).
Part IV. Natural and Economic Resources
Repeals Section 13.12A (concerning the Biofuels Center of NC) of the Modify 2011 Appropriations Act. Adds sections to the Modify 2011 Appropriations Act to: appropriate $1 million for 2012-13 in nonrecurring funds to the Regional Economic Development Commissions; repeal Sections 13.13 (Rural Center/Rural Jobs Fund), 13.13A (Rural Economic Development Center), and 13.14A (Opportunities Industrialization Centers Funds); and allocate an additional $2 million for 2012-13 to the Rural Economic Development Center. Makes technical changes.
Part V. General Government
Makes a technical change.
Part VI. Transportation
Modifies the appropriation in Section 24.18(b) of the Modify 2011 Appropriations Act to redirect specified funds allocated to the Department of Transportation. Makes technical changes.
Part VI-A. Capital Appropriations
Adds an appropriation of $1,373,330 from the General Fund to the Department of Public Safety for the Greensboro Readiness Center Renovation and Expansion, as specified. Deletes amendment to Section 18.2 (federal grant matching funds) in the Appropriations Act of 2011.
Part VI-B. Salaries and Benefits
Adds new Section 25.5 to the Modify 2011 Appropriations Act to allow full-time, permanent state employees, who meet specified conditions, five additional days of annual leave, as detailed.
Makes additional technical and clarifying changes.

Intro. by East.
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.

Conference report adopted by both the House and Senate recommends the following changes to 4th edition to reconcile matters in controversy. Amends GS 122C-118.1 to permit a board of county commissioners in a multicounty area with a catchment population of at least 1.25 million to appoint members of the area board in a manner other than that set out in statute, subject to approval from the Secretary, by January 1, 2013. Extends to October 1, 2013 (was, July 1, 2013) the date by which all area boards must meet the requirements of GS 122C-118.1.

Intro. by Mansfield.
S 820/SL 2012-143 (2011-2012) CLEAN ENERGY AND ECONOMIC SECURITY ACT. Filed May 17 2012, TO: (1) ESTABLISH AN OIL AND GAS BOARD WITH JURISDICTION AND AUTHORITY OVER MATTERS RELATED TO OIL AND GAS EXPLORATION AND DEVELOPMENT IN THE STATE, INCLUDING THE USE OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING FOR THAT PURPOSE, AND TO DIRECT THE BOARD TO CREATE A MODERN REGULATORY PROGRAM FOR MANAGEMENT OF OIL AND GAS EXPLORATION AND DEVELOPMENT IN THE STATE, INCLUDING THE USE OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING FOR THAT PURPOSE; (2) AUTHORIZE THE PROCESSES OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING FOR THE PURPOSE OF OIL AND GAS EXPLORATION AND DEVELOPMENT IN THE STATE AND PLACE A MORATORIUM ON PERMITTING RELATED TO THOSE PROCESSES UNTIL JULY 1, 2014; (3) ENACT VARIOUS OTHER PROVISIONS RELATED TO MANAGEMENT OF OIL AND GAS EXPLORATION ACTIVITIES, INCLUDING PROVISIONS RELATED TO LOCAL GOVERNMENT AUTHORITY OVER THESE ACTIVITIES; (4) ESTABLISH THE JOINT LEGISLATIVE COMMISSION ON ENERGY POLICY WITH LEGISLATIVE OVERSIGHT OF ALL MATTERS RELATED TO OIL AND GAS EXPLORATION AND DEVELOPMENT IN THE STATE, AND OTHER ENERGY-RELATED ISSUES; (5) DIRECT THE DEPARTMENT OF PUBLIC INSTRUCTION TO PURCHASE SCHOOL BUSES THAT OPERATE ON COMPRESSED NATURAL GAS (CNG); (6) DIRECT THE DEPARTMENT OF TRANSPORTATION TO PURCHASE NEW THREE-QUARTER TON PICK UP TRUCKS AND NEW ONE-HALF TON PICK UP TRUCKS THAT OPERATE ON COMPRESSED NATURAL GAS (CNG) OR COMPRESSED NATURAL GAS (CNG) AND GASOLINE; (7) CREATE AN INTERAGENCY TASK FORCE TO ESTABLISH PUBLIC-PRIVATE PARTNERSHIPS FOR THE CONSTRUCTION AND DEVELOPMENT OF COMPRESSED NATURAL GAS (CNG) FUELING INFRASTRUCTURE; (8) ESTABLISH CRITERIA FOR THE OPERATION OF ELECTRIC VEHICLE CHARGING STATIONS LOCATED AT STATE-OWNED REST STOPS ALONG THE HIGHWAYS; (9) ENSURE THE USE OF FUEL-EFFICIENT AND COST-EFFICIENT RETREAD TIRES ON STATE VEHICLES; AND (10) AMEND THE ENERGY JOBS ACT OF 2011 IF THE ENERGY JOBS ACT OF 2011 BECOMES LAW, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION ENERGY ISSUES POLICY COMMITTEE.

AN ACT TO (1) RECONSTITUTE THE MINING COMMISSION AS THE MINING AND ENERGY COMMISSION, (2) REQUIRE THE MINING AND ENERGY COMMISSION AND OTHER REGULATORY AGENCIES TO DEVELOP A MODERN REGULATORY PROGRAM FOR THE MANAGEMENT OF OIL AND GAS EXPLORATION AND DEVELOPMENT ACTIVITIES IN THE STATE, INCLUDING THE USE OF HORIZONTAL DRILLING AND HYDRAULIC FRACTURING FOR THAT PURPOSE, (3) AUTHORIZE HORIZONTAL DRILLING AND HYDRAULIC FRACTURING, BUT PROHIBIT THE ISSUANCE OF PERMITS FOR THESE ACTIVITIES PENDING SUBSEQUENT LEGISLATIVE ACTION, (4) ENHANCE LANDOWNER AND PUBLIC PROTECTIONS RELATED TO HORIZONTAL DRILLING AND HYDRAULIC FRACTURING, AND (5) ESTABLISH THE JOINT LEGISLATIVE COMMISSION ON ENERGY POLICY. Summarized in Daily Bulletin 5/17/12, 6/5/12, 6/13/12, and 6/14/12. Enacted July 2, 2012. Sections 1(a)–(h), 2(a)–(n), 3(a)–(d), and 6(a) and (b) are effective August 1, 2012. Sections 4(g) and 5 are effective October 1, 2012. The remainder is effective July 2, 2012.

Intro. by Rucho, Blake, Walters.
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.

Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Recedes from Amendment #4, which made specified changes to House Bill 177, Clean Energy Transportation Act; provided for electric vehicle charging stations; and included a study requirement. Recedes from Amendment #7, which made amendments to GS 143-59 concerning price preference for resident bidders.
Deletes amendments made to GS 143-59 concerning preference given to resident bidders. Deletes provision that repealed provisions providing for electric vehicle charging stations in House Bill 177. Deletes provisions that amended language in House Bill 950, Modify 2011 Appropriations Act, concerning tolls on Interstate 95.

Intro. by Hartsell.

The Daily Bulletin: 2012-07-03

The Daily Bulletin: 2012-07-03

ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2012-07-03

PUBLIC BILLS

H 32: ELECTORAL FREEDOM ACT OF 2011.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 7/3/2012
    Senate: Amend Adopted 1
    Senate: Failed 2nd Reading

H 54: HABITUAL MISDEMEANOR LARCENY.

    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 7/3/2012
    House: Conf Report Adopted
    Ratified
    Pres. To Gov. 7/3/2012

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

    Ratified
    Pres. To Gov. 7/3/2012

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

    Pres. To Gov. 7/3/2012

H 320: WATER RESOURCES FLEXIBILITY (NEW).

    Pres. To Gov. 7/3/2012

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

    Pres. To Gov. 7/3/2012

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

    House: Concurred In S/Com Sub
    Ratified
    Pres. To Gov. 7/3/2012

H 494: CONTINUOUS ALCOHOL MONITORING LAW CHANGES.

    Pres. To Gov. 7/3/2012

H 572: ACCOUNTABILITY FOR PUBLICLY FUNDED NONPROFITS.

    Pres. To Gov. 7/3/2012

H 585: VEHICLE EMISSIONS INSPECTIONS (NEW).

    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 7/3/2012
    House: Conf Report Adopted
    Ratified
    Pres. To Gov. 7/3/2012

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

    House: Withdrawn From Com
    House: Placed On Cal For 7/3/2012
    House: Concurred In S/Com Sub
    Ratified
    Pres. To Gov. 7/3/2012

H 799: LICENSURE BY ENDORSEMENT/MILITARY SPOUSES.

    Pres. To Gov. 7/3/2012

H 819: COASTAL MANAGEMENT POLICIES (NEW).

    House: Conf Report Adopted
    Ratified
    Pres. To Gov. 7/3/2012

H 837: COMPLETION OF CPR BY STUDENTS REQUIRED.

    Pres. To Gov. 7/3/2012

H 914: AEDS IN STATE BUILDINGS.

    Pres. To Gov. 7/3/2012

H 953: AMEND ENVIRONMENTAL LAWS 2 (NEW).

    House: Concurred In S Amend 1
    House: Concurred In S/Com Sub
    Ratified
    Pres. To Gov. 7/3/2012

H 1023: EXPUNCTION/NONVIOLENT OFFENSES.

    Pres. To Gov. 7/3/2012

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

    Senate: Amend Adopted 1
    Senate: Passed 3rd Reading
    House: Rec From Senate
    House: Rec To Concur In S Amend 1
    House: Rec To Concur S Com Sub
    House: Placed On Cal For 7/3/2012
    House: Concurred In S Amend
    House: Concurred In S/Com Sub
    Ratified
    Pres. To Gov. 7/3/2012

H 1173: ABSCONDING PROB. VIOLATORS FORFEIT BENEFITS.

    Pres. To Gov. 7/3/2012

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

    Pres. To Gov. 7/3/2012

S 187: MODIFICATIONS/2012 APPROPRIATIONS ACT (NEW).

    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/3/2012
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 7/3/2012
    House: Conf Report Adopted
    Ratified
    Pres. To Gov. 7/3/2012

S 191: LME GOVERNANCE (NEW).

    Senate: Conf Report Adopted
    House: Conf Rpt Recon/Withdrawn
    House: Conf Com Reported
    House: Placed On Cal For 7/3/2012
    House: Conf Report Adopted
    Ratified
    Pres. To Gov. 7/3/2012

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

    Ratified
    Pres. To Gov. 7/3/2012

S 229: AMEND ENVIRONMENTAL LAWS 2012 (NEW).

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 7/3/2012
    Senate: Conf Report Adopted
    Ratified
    Pres. To Gov. 7/3/2012

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

    Senate: Reconsidered Adoption
    Senate: Placed On Cal For 7/3/2012
    Senate: Conf Report Failed
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

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

    Pres. To Gov. 7/3/2012

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

    Ratified
    Pres. To Gov. 7/3/2012

S 707: SCHOOL VIOLENCE PREVENTION ACT.

    Ratified
    Pres. To Gov. 7/3/2012

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

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 7/3/2012
    Senate: Failed Concur In Com Sub
    Senate: Conf Com Appointed
    House: Conf Com Appointed
    Senate: Conf Com Reported
    Senate: Placed On Cal For 7/3/2012
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Placed On Cal For 7/3/2012
    House: Conf Report Adopted
    Ratified
    Pres. To Gov. 7/3/2012

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

    House: Conf Report Adopted
    Ratified
    Pres. To Gov. 7/3/2012

S 961: ADJOURNMENT SINE DIE.

    House: Passed 2nd & 3rd Reading
    Ratified
    Ch. Res 2012-12

Actions on Bills: 2012-07-03

LOCAL BILLS

H 1215: HENDERSON COUNTY OCCUPANCY TAX CHANGES.

    House: Conf Report Adopted
    Ratified
    Ch. SL 2012-144

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

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

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