The Daily Bulletin: 2012-07-17

The Daily Bulletin: 2012-07-17

PUBLIC/HOUSE BILLS
H 54/SL 2012-154 (2011-2012) HABITUAL MISDEMEANOR LARCENY. Filed Feb 8 2011, TO CREATE THE STATUS OFFENSE OF HABITUAL MISDEMEANOR LARCENY.

AN ACT TO PROVIDE THAT IF A DEFENDANT HAS FOUR OR MORE PRIOR LARCENY CONVICTIONS, A SUBSEQUENT LARCENY OFFENSE IS A FELONY. Summarized in Daily Bulletin 2/8/11, 3/9/11, 5/11/11, 5/16/11, 5/23/12, and 7/2/12. Enacted July 12, 2012. Effective December 1, 2012.

Intro. by Crawford.
H 177 (2011-2012) CLEAN ENERGY TRANSPORTATION ACT (NEW). Filed Feb 23 2011, TO MAKE CLARIFYING, CONFORMING, AND TECHNICAL AMENDMENTS TO VARIOUS LAWS RELATED TO THE ENVIRONMENT, ENERGY, AND NATURAL RESOURCES.

AN ACT TO: (1) CREATE AN INTERAGENCY TASK FORCE TO STUDY THE FEASIBILITY AND DESIRABILITY OF ADVANCING THE USE OF ALTERNATIVE FUELS BY STATE AGENCIES AND THE DEVELOPMENT OF ASSOCIATED FUELING INFRASTRUCTURE; (2) ESTABLISH CRITERIA FOR THE OPERATION OF ELECTRIC VEHICLE CHARGING STATIONS LOCATED AT STATE-OWNED REST STOPS ALONG THE HIGHWAYS AND; (3) AMEND THE ENERGY JOBS ACT OF 2011 IF THE ENERGY JOBS ACT OF 2011 BECOMES LAW. Summarized in Daily Bulletin 6/7/12 and 6/11/12. Enacted July 16, 2012. Sections 2(a)–(d) are effective March 1, 2013. The remainder is effective July 16, 2012.

Intro. by Samuelson, McElraft.
H 203/SL 2012-150 (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.

AN ACT TO PROVIDE AN ALTERNATIVE MORTGAGE SATISFACTION FORM THAT ALLOWS A SECURED CREDITOR TO INDICATE THAT THE UNDERLYING OBLIGATION HAS BEEN EXTINGUISHED; TO MAKE IT A CLASS I FELONY TO SIMULATE COURT PROCESS IN CONNECTION WITH THE COLLECTION OF A CLAIM, DEMAND, OR ACCOUNT, TO KNOWINGLY FILE A FALSE LIEN OR ENCUMBRANCE AGAINST THE REAL OR PERSONAL PROPERTY OF A PUBLIC OFFICER OR PUBLIC EMPLOYEE, OR TO FILE A FALSE SECURITY INSTRUMENT; AND TO PROVIDE THAT IT IS A VIOLATION OF THE RESIDENTIAL MORTGAGE FRAUD ACT FOR A PERSON TO KNOWINGLY FILE A DOCUMENT FALSELY CLAIMING THAT A MORTGAGE LOAN HAS BEEN SATISFIED OR DISCHARGED. Summarized in Daily Bulletin 3/1/11, 6/7/12, 6/19/12, 6/27/12, and 7/2/12. Enacted July 12, 2012. Sections 1, 2, and 7 are effective October 1, 2012. The remainder is effective December 1, 2012.

Intro. by Crawford.
H 320/SL 2012-166 (2011-2012) WATER RESOURCES FLEXIBILITY (NEW). Filed Mar 10 2011, TO CONTINUE THE STUDY OF PUBLIC PRIVATE PARTNERSHIPS BY A LEGISLATIVE STUDY COMMISSION.

AN ACT TO PROVIDE FLEXIBILITY FOR CERTAIN WATER RESOURCES PROJECTS. Summarized in Daily Bulletin 6/28/12. Enacted July 12, 2012. Effective July 1, 2012.

Intro. by McGee, Ross, McComas, Carney.
H 457 (2011-2012) MUNICIPAL ELECTRIC UTILITIES/RATE HEARINGS (NEW). Filed Mar 23 2011, PROVIDING THAT MUNICIPAL ELECTRIC UTILITIES SHALL BE SUBJECT TO OVERSIGHT BY THE UTILITIES COMMISSION AS TO RATES AND SERVICE AND THAT THE UTILITIES COMMISSION PUBLIC STAFF SHALL SERVE AS AN ADVOCATE FOR MUNICIPAL CUSTOMERS IN RATE AND SERVICE CASES.

AN ACT PROVIDING THAT THE EASTERN JOINT MUNICIPAL POWER AGENCY SHALL HOLD A PUBLIC MEETING PRIOR TO CHANGING RATES AND THE MUNICIPAL ELECTRIC UTILITIES THAT ARE MEMBERS OF THE EASTERN POWER AGENCY SHALL HOLD A PUBLIC HEARING BEFORE CHANGING ELECTRIC RATES. Summarized in Daily Bulletin 3/23/11, 6/8/11, and 6/28/12. Enacted July 12, 2012. Effective October 1, 2012.

Intro. by Farmer-Butterfield.
H 462/SL 2011-152 (2011-2012) CONTINGENCY CONTRACTS FOR AUDITS/ASSESSMENTS (NEW). Filed Mar 24 2011, TO STUDY THE ADEQUACY OF CURRENT CONSUMER PROTECTIONS FOR BUSINESS OPPORTUNITY AND FRANCHISE SALES.

AN ACT TO LIMIT USE OF CONTINGENT-BASED CONTRACTS FOR AUDIT OR ASSESSMENT PURPOSES. Summarized in Daily Bulletin 6/7/12, 6/12/12, and 6/18/12. Enacted July 12, 2012. Effective July 1, 2012.

Intro. by McCormick.
H 494/SL 2012-146 (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.

AN ACT TO ALLOW THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS AS A CONDITION OF PRETRIAL RELEASE, AS A CONDITION OF PROBATION, TO MITIGATE PUNISHMENTS FOR IMPAIRED DRIVING OFFENSES, AND TO ENSURE COMPLIANCE WITH CHILD CUSTODY AND VISITATION ORDERS. Summarized in Daily Bulletin 3/29/11, 5/25/11, 6/8/11, and 7/2/12. Enacted July 12, 2012. Effective December 1, 2012.

Intro. by M. Alexander, Guice, T. Moore, Stam.
H 572/SL 2012-169 (2011-2012) ACCOUNTABILITY FOR PUBLICLY FUNDED NONPROFITS. Filed Mar 30 2011, TO PROVIDE GREATER ACCOUNTABILITY FOR NONPROFIT ENTITIES THAT RECEIVE PUBLIC FUNDING.

AN ACT TO PROVIDE GREATER ACCOUNTABILITY FOR NONPROFIT ENTITIES THAT RECEIVE PUBLIC FUNDING. Summarized in Daily Bulletin 3/31/11, 5/16/11, 5/19/11, and 6/28/12. Enacted July 12, 2012. Effective October 1, 2012.

Intro. by Justice, Sager, Stevens, West.
H 614/SL 2012-155 (2011-2012) ENACT VOLUNTEER HEALTH CARE SERVICES ACT (NEW). Filed Apr 4 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PUBLISH ON ITS WEB SITE PUBLIC NOTICES OF CHANGES IN STATEWIDE METHODS AND STANDARDS FOR SETTING MEDICAID PAYMENT RATES.

AN ACT ALLOWING REGISTERED SPONSORING ORGANIZATIONS TO ARRANGE FOR THE VOLUNTARY PROVISION OF HEALTH CARE SERVICES IN THIS STATE, RELIEVING PROVIDERS OF VOLUNTARY HEALTH CARE SERVICES FROM ADDITIONAL LICENSURE REQUIREMENTS, AND PROVIDING LIMITED PROTECTION FROM CIVIL LIABILITY TO PERSONS PROVIDING VOLUNTARY HEALTH CARE SERVICES IN ASSOCIATION WITH SPONSORING ORGANIZATIONS. Summarized in Daily Bulletin 6/7/12 and 6/14/12. Enacted July 12, 2012. Effective January 1, 2013.

Intro. by Murry, Dollar, Brisson.
H 737/SL 2012-160 (2011-2012) STRENGTHEN CHILD SAFETY LAWS/CARE FACILTIES. Filed Apr 6 2011, TO STRENGTHEN THE LAWS REGARDING THE SAFETY OF CHILDREN IN CHILD CARE FACILITIES.

AN ACT TO STRENGTHEN THE LAWS REGARDING THE SAFETY OF CHILDREN IN CHILD CARE FACILITIES. Summarized in Daily Bulletin 4/6/11, 6/6/12, and 6/19/12. Enacted July 12, 2012. Effective January 1, 2013.

Intro. by Samuelson.
H 853/SL 2012-172 (2011-2012) END CT. ORDERS/ESTABLISH LOCAL INTAKE PROCEDURES. Filed Apr 6 2011, NO LONGER REQUIRING A COURT ORDER TO ESTABLISH LOCAL INTAKE PROCEDURES FOR RECEIVING DELINQUENCY AND UNDISCIPLINED COMPLAINTS UNDER THE LAWS PERTAINING TO UNDISCIPLINED AND DELINQUENT JUVENILES AND AUTHORIZING THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION TO MONITOR COUNTY DETENTION CENTERS.

AN ACT TO AMEND LOCAL INTAKE PROCEDURES FOR RECEIVING DELINQUENCY AND UNDISCIPLINED COMPLAINTS UNDER THE LAWS PERTAINING TO UNDISCIPLINED AND DELINQUENT JUVENILES, TO AUTHORIZE MONITORING OF COUNTY DETENTION CENTERS BY THE DEPARTMENT OF PUBLIC SAFETY, TO AMEND LAWS ON STATE STANDARDS FOR JUVENILE DETENTION AND LOCAL JAILS, TO CORRECT REFERENCES TO THE AGENCY RESPONSIBLE FOR JUVENILE DETENTION, AND TO PROVIDE PROCEDURES FOR REVIEW OF JUVENILES ON PROTECTIVE SUPERVISION. Summarized in Daily Bulletin 4/8/11, 6/20/12, and 6/28/12. Enacted July 12, 2012. Sections 3 and 5 are effective October 1, 2012. Section 4 is effective January 1, 2013. The remainder is effective July 12, 2012.

Intro. by Mobley.
H 989/SL 2012-159 (2011-2012) PERMANENT LICENSE PLATES. Filed May 16 2012, TO LIMIT ELIGIBILITY FOR PERMANENT REGISTRATION PLATES TO GOVERNMENTAL ENTITIES, AND TO REFORM THE PROCESS BY WHICH ELIGIBLE ENTITIES APPLY FOR AND ARE ISSUED PERMANENT REGISTRATION PLATES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION.

AN ACT TO LIMIT ELIGIBILITY FOR PERMANENT REGISTRATION PLATES TO GOVERNMENTAL ENTITIES, AND TO REFORM THE PROCESS BY WHICH ELIGIBLE ENTITIES APPLY FOR AND ARE ISSUED PERMANENT REGISTRATION PLATES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE BASED ON RECOMMENDATIONS FROM THE PROGRAM EVALUATION DIVISION, BUT TO CONTINUE TO ALLOW CIVIL AIR PATROLS, INCORPORATED EMERGENCY RESCUE SQUADS, RURAL FIRE DEPARTMENTS, AND LOCAL CHAPTERS OF THE AMERICAN NATIONAL RED CROSS TO BE ELIGIBLE FOR PERMANENT REGISTRATION PLATES. Summarized in Daily Bulletin 5/16/12 and 6/12/12. Enacted July 12, 2012. Effective July 1, 2012.

Intro. by Howard.
H 1021 (2011-2012) JUSTICE REINVESTMENT CLARIFICATIONS. Filed May 21 2012, TO CLARIFY CERTAIN PROVISIONS OF THE JUSTICE REINVESTMENT ACT AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.

AN ACT TO CLARIFY CERTAIN PROVISIONS OF THE JUSTICE REINVESTMENT ACT. Summarized in Daily Bulletin 5/21/12, 6/6/12, and 6/26/12. Enacted July 16, 2012. Sections 5'7 are effective December 1, 2012. The remainder is effective July 16, 2012.

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

AN ACT TO ALLOW FOR EXPUNCTION OF NONVIOLENT FELONIES OR NONVIOLENT MISDEMEANORS AFTER FIFTEEN YEARS FOR PERSONS WHO HAVE HAD NO OTHER CONVICTIONS FOR FELONIES OR MISDEMEANORS OTHER THAN TRAFFIC VIOLATIONS UNDER THE LAWS OF THE UNITED STATES, THIS STATE, OR ANY OTHER JURISDICTION, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION. Summarized in Daily Bulletin 5/21/12, 6/13/12, 6/18/12, and 6/19/12. Enacted July 16, 2012. Effective December 1, 2012.

Intro. by Daughtry.
H 1044/SL 2012-176 (2011-2012) MOTORCYCLE INSURANCE DISCOUNT/MILITARY. Filed May 22 2012, TO ALLOW MEMBERS OF THE MILITARY WHO HAVE TAKEN A COMPARABLE MOTORCYCLE SAFETY PROGRAM PROVIDED BY FEDERALLY CERTIFIED INSTRUCTORS TO RECEIVE THE SAME MOTORCYCLE INSURANCE DISCOUNT AS CITIZENS WHO COMPLETE THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON MILITARY AFFAIRS.

AN ACT TO ALLOW MEMBERS OF THE MILITARY WHO HAVE TAKEN A COMPARABLE MOTORCYCLE SAFETY PROGRAM PROVIDED BY FEDERALLY CERTIFIED INSTRUCTORS TO RECEIVE THE SAME MOTORCYCLE INSURANCE DISCOUNT AS CITIZENS WHO COMPLETE THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON MILITARY AFFAIRS. Summarized in Daily Bulletin 5/22/12 and 6/19/12. Enacted July 12, 2012. Effective October 1, 2012.

Intro. by Shepard, Cook.
H 1052/SL 2012-175 (2011-2012) MECHANICS LIENS/PAYMENT BOND REFORMS. Filed May 22 2012, TO MAKE VARIOUS AMENDMENTS TO NORTH CAROLINA'S MECHANICS LIEN, TAX LIEN, AND PAYMENT BOND LAWS.

AN ACT TO MAKE VARIOUS AMENDMENTS TO NORTH CAROLINA'S MECHANICS LIEN AND PAYMENT BOND LAWS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION'S MECHANICS LIENS ON REAL PROPERTY COMMITTEE. Summarized in Daily Bulletin 5/22/12, 6/13/12, 6/20/12, 6/26/12, and 6/27/12. Enacted July 12, 2012. Sections 1–3 and 5–11 are effective January 1, 2013. The remainder is effective July 12, 2012.

Intro. by Stevens.
H 1073/SL 2012-174 (2011-2012) MODIFY UNCHCS BOARD (NEW). Filed May 22 2012, TO CLARIFY THE PURPOSE OF THE UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, TO INCREASE THE AUTHORITY OF THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS TO GOVERN THE HEALTH CARE SYSTEM, TO REDUCE THE NUMBER AND CHANGE THE COMPOSITION OF THE MEMBERS OF THE BOARD OF DIRECTORS OF THE HEALTH CARE SYSTEM, TO INCREASE THE SYSTEM’S ACCOUNTABILITY AND TRANSPARENCY, TO CLARIFY ITS STATUS AS A STATE AGENCY, AND TO LIMIT FUTURE EXPANSION, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON STATE-OWNED ASSETS.

AN ACT TO MODIFY THE COMPOSITION AND APPOINTMENT PROCESS FOR MEMBERS OF THE BOARD OF DIRECTORS OF THE UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. Summarized in Daily Bulletin 5/22/12 and 6/27/12. Enacted July 12, 2012. Effective July 12, 2012.

Intro. by Moffitt.
H 1074/SL 2012-185 (2011-2012) STOP WASTE, FRAUD, AND ABUSE IN GOVT. ACT. Filed May 22 2012, TO MAKE CHANGES TO THE STATUTES GOVERNING THE TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES RETIREMENT SYSTEM, AND THE DISABILITY INCOME PLAN OF NORTH CAROLINA TO ENHANCE THE OPERATION OF THE MEDICAL BOARD; TO ESTABLISH GUIDELINES FOR FRAUD INVESTIGATIONS THAT WILL ENHANCE THE DEPARTMENT OF STATE TREASURER’S CAPABILITY TO PREVENT AND DETECT FRAUD, WASTE, AND ABUSE; TO CREATE A REBUTTABLE PRESUMPTION OF FRAUD IN THE AVERAGE FINAL COMPENSATION CALCULATION; AND TO MAKE IT A CLASS 1 MISDEMEANOR TO FRAUDULENTLY RECEIVE THE RETIREMENT BENEFIT OF A DECEASED DISABILITY RETIREE AT LEAST TWO MONTHS AFTER THE RETIREE’S DEATH.

AN ACT TO MAKE CHANGES TO THE STATUTES GOVERNING THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, AND THE DISABILITY INCOME PLAN OF NORTH CAROLINA TO PROVIDE PROTECTION AND REMEDIES FOR REPORTING VIOLATIONS OF RETIREMENT LAW; TO ESTABLISH GUIDELINES FOR FRAUD INVESTIGATIONS THAT WILL ENHANCE THE DEPARTMENT OF STATE TREASURER'S CAPABILITY TO PREVENT AND DETECT FRAUD, WASTE, AND ABUSE; TO MAKE IT A CLASS 1 MISDEMEANOR TO FRAUDULENTLY RECEIVE A DECEDENT'S MONTHLY DISABILITY BENEFIT; AND TO CLARIFY THE APPOINTMENT OF THE MEDICAL BOARD. Summarized in Daily Bulletin 5/23/12, 6/13/12, 6/20/12, and 6/27/12. Enacted July 16, 2012. Section 3(a) is effective December 1, 2012. The remainder is effective July 1, 2012.

Intro. by Moffitt.
H 1077/SL 2012-184 (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.

AN ACT TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO A PILOT PUBLIC-PRIVATE PARTNERSHIP TOLL PROJECT. Summarized in Daily Bulletin 5/23/12, 6/26/12, 6/27/12, 7/2/12, and 7/3/12. Enacted July 16, 2012. Effective July 16, 2012.

Intro. by Frye, Mills.
H 1085/SL 2012-173 (2011-2012) STATE HEALTH PLAN/STATUTORY CHANGES. Filed May 23 2012, FOR THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, WHICH COVERS RETIREES WITHIN THE RETIREMENT SYSTEM, (1) AMEND THE DEFINITION OF "DEPENDENT CHILD" IN ORDER TO COMPLY WITH THE AFFORDABLE CARE ACT, (2) LIMIT ENROLLMENT WITHOUT A QUALIFYING EVENT TO THE ANNUAL ENROLLMENT PERIOD, (3) REPEAL THE OPTIONAL PROGRAM OF LONG-TERM CARE BENEFITS, AND (4) MAKE A CLARIFYING CHANGE RELATED TO COINSURANCE.

AN ACT TO, FOR THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, WHICH COVERS RETIREES WITHIN THE RETIREMENT SYSTEM, (1) AMEND THE DEFINITION OF "DEPENDENT CHILD" IN ORDER TO COMPLY WITH THE AFFORDABLE CARE ACT, (2) LIMIT ENROLLMENT WITHOUT A QUALIFYING EVENT TO THE ANNUAL ENROLLMENT PERIOD, (3) REPEAL THE OPTIONAL PROGRAM OF LONG-TERM CARE BENEFITS, AND (4) MAKE A CLARIFYING CHANGE RELATED TO COINSURANCE. Summarized in Daily Bulletin 5/23/12, 6/6/12, and 6/12/12. Enacted July 12, 2012. Sections 3(a)–(d) and 3(f) are effective January 1, 2013. The remainder is effective July 1, 2012.

Intro. by Dollar.
H 1105/SL 2012-157 (2011-2012) MODIFY TAXATION OF HOA PROPERTY (NEW). Filed May 23 2012, AMENDING THE ELECTROLYSIS PRACTICE ACT TO AUTHORIZE THE BOARD OF ELECTROLYSIS EXAMINERS TO HOLD AND USE FUNDS, TO CLARIFY CONTINUING EDUCATION REQUIREMENTS, AND TO AFFECT CERTAIN FEES.

AN ACT TO SIMPLIFY THE COLLECTION OF PROPERTY TAXES THAT ARE DUE ON PROPERTY OWNED BY CERTAIN NONPROFIT HOMEOWNERS ASSOCIATIONS. Summarized in Daily Bulletin 6/19/12, 6/20/12, and 6/21/12. Enacted July 12, 2012. Section 1 is effective for taxes imposed for taxable years beginning on or after July 1, 2012. The remainder is effective July 1, 2012.

Intro. by Justice.
H 1114/SL 2012-181 (2011-2012) NCEMPA/USE OF RATE REVENUE. Filed May 23 2012, PROVIDING THAT THE CITIES AND TOWNS THAT ARE MEMBERS OF THE NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY SHALL USE REVENUE DERIVED FROM RATES FOR ELECTRIC SERVICE FOR PAYING THE DIRECT AND INDIRECT COSTS OF OPERATING THE ELECTRIC SYSTEM, TRANSFERRING AMOUNTS THAT REPRESENT A RATE OF RETURN ON THE INVESTMENT IN THE ELECTRIC SYSTEM, AND MAKING DEBT SERVICE PAYMENTS.

AN ACT PROVIDING THAT THE CITIES AND TOWNS THAT ARE MEMBERS OF THE NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY SHALL USE REVENUE DERIVED FROM RATES FOR ELECTRIC SERVICE FOR PAYING THE DIRECT AND INDIRECT COSTS OF OPERATING THE ELECTRIC SYSTEM, TRANSFERRING AMOUNTS THAT REPRESENT A RATE OF RETURN ON THE INVESTMENT IN THE ELECTRIC SYSTEM, AND MAKING DEBT SERVICE PAYMENTS, AND TO MAKE CLARIFYING CHANGES TO THE AMOUNT OF THE RETURN ON INVESTMENT TRANSFER. Summarized in Daily Bulletin 5/23/12 and 6/6/12. Enacted July 12, 2012. Section 1 is effective July 1, 2014. The remainder is effective July 12, 2012.

Intro. by Brawley.
H 1173/SL 2012-170 (2011-2012) ABSCONDING PROB. VIOLATORS FORFEIT BENEFITS. Filed May 29 2012, TO PROVIDE THAT A PROBATION VIOLATOR WHO ABSCONDS OR OTHERWISE WILLFULLY AVOIDS ARREST AFTER THE ISSUANCE OF A WARRANT SHALL FORFEIT ANY PUBLIC ASSISTANCE BENEFITS UNTIL SURRENDERING TO THE COURT.

AN ACT TO PROVIDE THAT A PROBATION VIOLATOR WHO ABSCONDS OR OTHERWISE WILLFULLY AVOIDS ARREST AFTER THE ISSUANCE OF A WARRANT SHALL FORFEIT ANY PUBLIC ASSISTANCE BENEFITS UNTIL SURRENDERING TO THE COURT. Summarized in Daily Bulletin 5/29/12, 6/20/12, and 6/28/12. Enacted July 12, 2012. Section 1 is effective October 1, 2012. The remainder is effective July 12, 2012.

Intro. by LaRoque.

The Daily Bulletin: 2012-07-17

PUBLIC/SENATE BILLS
S 42/SL 2012-158 (2011-2012) MECH. LIENS/PVT LIEN AGENT (NEW). Filed Feb 8 2011, RELATING TO THE REMOTE TESTIMONY OF CHILD WITNESSES IN CRIMINAL PROCEEDINGS RELATING TO SEXUAL OFFENSES.

AN ACT TO REQUIRE PERSONS FURNISHING LABOR OR MATERIALS IN CONNECTION WITH CERTAIN IMPROVEMENTS TO REAL PROPERTY TO GIVE WRITTEN NOTICE TO THE DESIGNATED LIEN AGENT OF THE OWNER OF THE IMPROVED REAL PROPERTY TO PRESERVE THEIR LIEN RIGHTS. Summarized in Daily Bulletin 6/20/12, 6/21/12, and 6/27/12. Enacted July 12, 2012. Effective April 1, 2013.

Intro. by Mansfield.
S 105/SL 2012-165 (2011-2012) INCREASE PENALTIES/MURDER AND DWI DEATHS (NEW). Filed Feb 22 2011, TO INCREASE THE PENALTY FOR SECOND DEGREE MURDER TO A B1 FELONY.

AN ACT TO INCREASE THE PENALTY FOR CERTAIN SECOND DEGREE MURDERS TO CLASS B1 FELONIES, AND CREATE A GRADUATED SCALE OF PENALTIES FOR DEATHS CAUSED BY DRIVING WHILE IMPAIRED. Summarized in Daily Bulletin 2/22/11, 4/20/11, and 6/25/12. Enacted July 12, 2012. Effective December 1, 2012.

Intro. by Jones, Rouzer, Newton.
S 133/SL 2012-180 (2011-2012) MODERNIZE JURY LIST PROCEDURES (NEW). Filed Feb 24 2011, TO ELIMINATE THE REQUIREMENT THAT THE ADDRESS OF EACH QUALIFIED PERSON SELECTED FOR THE JURY LIST APPEAR ON THE LIST FILED WITH THE REGISTER OF DEEDS, IN ORDER TO ALLAY JUROR PRIVACY CONCERNS.

AN ACT TO ELIMINATE OBSOLETE PROVISIONS FROM, AND MAKE CLARIFYING CHANGES TO, THE LAWS GOVERNING PREPARATION AND STORAGE OF JURY LISTS, AND TO EXEMPT PERSONS WHO HAVE BEEN LAWFULLY SUMMONED FOR JURY SERVICE FROM PAYING FERRY TOLLS TO TRAVEL TO AND FROM THEIR HOMES AND THE SITE OF THAT SERVICE. Summarized in Daily Bulletin 6/21/12, 6/26/12, and 6/27/12. Enacted July 12, 2012. Effective July 12, 2012.

Intro. by Clodfelter.
S 141SL 2012-168 (2011-2012) LAW ENFORCEMENT/VARIOUS OTHER CHANGES (NEW). Filed Feb 24 2011, TO PROVIDE THAT ANY DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, OR INVESTIGATOR EMPLOYED BY THE OFFICE OF A DISTRICT ATTORNEY WHO EITHER HAS A CONCEALED HANDGUN PERMIT THAT IS VALID IN NORTH CAROLINA OR WHO HAS BASIC LAW ENFORCEMENT TRAINING CERTIFICATION IN NORTH CAROLINA IS EXEMPT FROM THE GENERAL PROHIBITION AGAINST CARRYING A CONCEALED WEAPON AND FROM THE PROHIBITIONS AGAINST CARRYING A WEAPON ON CERTAIN PREMISES OR IN CERTAIN CIRCUMSTANCES.

AN ACT TO CREATE NEW FIRST DEGREE TRESPASS OFFENSES, TO MAKE VARIOUS CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRIATE RELIEF, TO AMEND THE PROCEDURE FOR IMMEDIATE LICENSE REVOCATIONS FOR PROVISIONAL LICENSEES CHARGED WITH CERTAIN CRIMINAL MOVING VIOLATIONS, TO CLARIFY THAT CERTAIN CHANGES TO PAYABLE ON DEATH CONTRACTS DID NOT CHANGE THE PROCEDURES FOR CREATING THOSE CONTRACTS, TO ESTABLISH A RESEARCH AND PLANNING SECTION WITHIN THE DEPARTMENT OF PUBLIC SAFETY, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DESIGNATE ITS RESEARCH AND PLANNING SECTION AS THE SINGLE STATE AGENCY RESPONSIBLE FOR THE COORDINATION AND IMPLEMENTATION OF REENTRY POLICY INITIATIVES, TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO CONTINUE ITS EFFORTS TO ASSIST OFFENDERS IN SUCCESSFULLY REENTERING SOCIETY, AND TO EXTEND THE TIME FOR LOCAL FORENSIC SCIENCE LABS TO OBTAIN ACCREDITATION AND FOR CERTAIN FORENSIC SCIENTISTS TO OBTAIN CERTIFICATION. Summarized in Daily Bulletin 6/19/12, 6/27/12, and 6/28/12. Enacted July 12, 2012. Section 1 is effective September 1, 2012. Section 2 is effective December 1, 2012. Section 3 is effective October 1, 2012. The remainder is effective July 12, 2012.

Intro. by Apodaca, Meredith.
S 191/SL 2012-151 (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.

AN ACT TO MAKE CHANGES IN GOVERNANCE OF LOCAL MANAGEMENT ENTITIES WITH RESPECT TO THE IMPLEMENTATION OF STATEWIDE EXPANSION OF THE 1915(B)/(C) MEDICAID WAIVER. Summarized in Daily Bulletin 6/26/12, 7/2/12, and 7/3/12. Enacted July 12, 2012. Effective July 12, 2012.

Intro. by Mansfield.
S 227/SL 2012-147 (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.

AN ACT TO PROVIDE THAT THE NAME AND ADDRESS OF A MINOR CHILD INVOLVED IN A SCHOOL BUS CRASH MAY BE DISCLOSED ONLY IN CERTAIN CIRCUMSTANCES. Summarized in Daily Bulletin 6/28/12 and 7/2/12. Enacted July 12, 2012. Effective October 1, 2012.

Intro. by Hise.
S 426/SL 2012-156 (2011-2012) PUBLIC FINANCE LAWS/MUNICIPAL SERVICE DISTS (NEW). Filed Mar 24 2011, TO MAKE CLARIFICATIONS AND MODIFICATIONS TO THE PUBLIC FINANCE STATUTES OF NORTH CAROLINA FOR THE IMPROVEMENT OF VARIOUS FINANCING STRUCTURES AND THE TERMS AND PROVISIONS OF THE FINANCING STRUCTURES.

AN ACT TO MAKE CLARIFICATIONS AND MODIFICATIONS TO THE PUBLIC FINANCE STATUTES OF NORTH CAROLINA FOR THE IMPROVEMENT OF VARIOUS FINANCING STRUCTURES AND THE TERMS AND PROVISIONS OF THE FINANCING STRUCTURES AND TO AUTHORIZE A RESOLUTION ESTABLISHING A MUNICIPAL SERVICE DISTRICT TO BECOME EFFECTIVE UPON A DATE SPECIFIED IN THE RESOLUTION IF SPECIAL OBLIGATION BONDS ARE ANTICIPATED TO BE AUTHORIZED FOR A PROJECT. Summarized in Daily Bulletin 3/24/11, 5/10/11, 5/18/11, and 6/19/12. Enacted July 12, 2012. Effective July 12, 2012.

Intro. by Clodfelter.
S 444/SL 2012-164 (2011-2012) NONAPPROPRIATED CAPITAL PROJECTS (NEW). Filed Mar 28 2011, TO AUTHORIZE THE PLANNING, CONSTRUCTION, AND THE FINANCING, WITHOUT APPROPRIATIONS FROM THE GENERAL FUND, OF CERTAIN CAPITAL IMPROVEMENT PROJECTS OF THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA.

AN ACT TO AUTHORIZE THE CONSTRUCTION AND THE FINANCING, WITHOUT APPROPRIATIONS FROM THE GENERAL FUND, OF CERTAIN CAPITAL IMPROVEMENTS PROJECTS. Summarized in Daily Bulletin 3/29/11, 6/6/12, 6/14/12, and 6/20/12. Enacted July 12, 2012. Effective July 12, 2012.

Intro. by Hartsell.
S 521 (2011-2012) RULE IN DUMPOR'S CASE/BROKER PRICE OPINIONS (NEW). Filed Apr 5 2011, PROVIDING THAT A RESTRICTION ON THE TRANSFER OF REAL PROPERTY OR A TENANT’S INTEREST IN A LEASE APPLIES TO A SUBSEQUENT TRANSFER OF THE REAL PROPERTY OR INTEREST IN THE LEASE UNLESS THE GRANTOR OR LANDLORD EXPRESSLY PROVIDES OTHERWISE.

AN ACT ABOLISHING THE RULE IN DUMPOR'S CASE AND CONCERNING BROKER PRICE OPINIONS. Summarized in Daily Bulletin 4/5/11, 5/2/11, and 6/20/12. Enacted July 12, 2012. Effective October 1, 2012. Rule-making authority granted by this act to the N.C. Real Estate Commission is effective July 1, 2012.

Intro. by Clodfelter.
S 525/SL 2012-171 (2011-2012) CRITICAL ACCESS BEHAVIORAL HEALTH AGENCIES (NEW). Filed Apr 6 2011, TO STREAMLINE DUPLICATE OVERSIGHT OF DHHS SERVICE PROVIDERS.

AN ACT RELATING TO CRITICAL ACCESS BEHAVIORAL HEALTH AGENCIES. Summarized in Daily Bulletin 6/13/12 and 7/2/12. Enacted July 12, 2012. Effective July 12, 2012.

Intro. by Tucker, Hartsell.
S 635/SL 2012-148 (2011-2012) MINORS/SENTENCING FOR 1ST DEGREE MURDER (NEW). Filed Apr 18 2011, TO INCREASE THE FINES FOR LITTERING OFFENSES.

AN ACT TO AMEND THE STATE SENTENCING LAWS TO COMPLY WITH THE UNITED STATES SUPREME COURT DECISION IN MILLER V. ALABAMA. Summarized in Daily Bulletin 7/2/12. Enacted July 12, 2012. Effective July 12, 2012.

Intro. by Rouzer.
S 647/SL 2012-161 (2011-2012) MUTUAL INSURANCE HOLDING COMPANIES. Filed Apr 18 2011, TO PROVIDE FOR THE CREATION OF MUTUAL INSURANCE HOLDING COMPANIES.

AN ACT TO PROVIDE FOR THE CREATION OF MUTUAL INSURANCE HOLDING COMPANIES AND TO CHANGE THE TIME PERIOD FOR FIRE CODE INSPECTIONS OF PUBLIC BUILDINGS. Summarized in Daily Bulletin 4/18/11, 6/8/11, 6/19/12, and 6/27/12. Enacted July 12, 2012. Effective July 12, 2012.

Intro. by Rucho.
S 699/SL 2012-182 (2011-2012) COURTS AND INVESTIGATIONS (NEW). Filed Apr 19 2011, TO CLARIFY THE NAME OF THE DIVISION OF CRIMINAL INFORMATION; TO ALLOW THE DIVISION OF CRIMINAL INFORMATION TO PROMULGATE RULES FOR USAGE OF THE CRIMINAL INFORMATION NETWORK; AND TO ALLOW THE DIVISION OF CRIMINAL INFORMATION TO ASSESS FEES FOR SET-UP, ACCESS TO, AND USE OF THE CRIMINAL INFORMATION NETWORK.

AN ACT TO CLARIFY THE NAME OF THE DIVISION OF CRIMINAL INFORMATION; TO ALLOW THE DIVISION OF CRIMINAL INFORMATION TO PROMULGATE RULES FOR USAGE OF THE CRIMINAL INFORMATION NETWORK; TO ALLOW THE DIVISION OF CRIMINAL INFORMATION TO ASSESS FEES FOR SETUP, ACCESS TO, AND USE OF THE CRIMINAL INFORMATION NETWORK; TO RECODIFY THE EXISTING SUPERIOR COURT DISTRICTS USING 2010 GEOGRAPHY; AND TO ALLOW SHARING OF CONFIDENTIAL INVESTIGATORY INFORMATION BETWEEN THE STATE ETHICS COMMISSION AND THE LEGISLATIVE ETHICS COMMITTEE. Summarized in Daily Bulletin 4/19/11 and 6/21/12. Enacted July 12, 2012. Effective July 12, 2012, except as otherwise provided.

Intro. by Stein.
S 707/SL 2012-149 (2011-2012) SCHOOL VIOLENCE PREVENTION ACT. Filed Apr 19 2011, TO ENACT THE SCHOOL VIOLENCE PREVENTION ACT.

AN ACT TO ENACT THE SCHOOL VIOLENCE PREVENTION ACT OF 2012; LIMIT PRAYERS FOR JUDGMENT CONTINUED; AND END SUNSET FOR A PROVISION REGARDING AN LEA'S BASIS OF KNOWLEDGE ABOUT A CHILD WITH A DISABILITY. Summarized in Daily Bulletin 4/19/11, 6/7/11, 6/13/12, 6/18/12, and 7/2/12. Enacted July 12, 2012. Section 5 is effective on and after the date a magistrate is appointed by the chief district court judge to perform the function set forth in that section. Sections 3, 4, and 11 are effective December 1, 2012. The remainder is effective July 12, 2012. Sections 6–10 apply beginning with the 2012–13 school year.

Intro. by Tucker.
S 738/SL 2012-183 (2011-2012) SOLE SOURCE ED. REQUIREMENTS/BAIL BONDSMEN (NEW). Filed Apr 19 2011, TO REQUIRE THAT ANY PERSON OR ESTABLISHMENT THAT HOLDS AN ALCOHOLIC BEVERAGE CONTROL PERMIT HAVE AT LEAST ONE MILLION DOLLARS IN LIABILITY INSURANCE.

AN ACT TO PROVIDE FOR THE PRE-LICENSING AND CONTINUING EDUCATION OF BAIL BONDSMEN AND RUNNERS. Summarized in Daily Bulletin 6/27/12. Enacted July 12, 2012. Effective October 1, 2012.

Intro. by Goolsby.
S 755/SL 2012-179 (2011-2012) ED. EMPLOYEES ASS'N/EQUAL ACCESS ACT. Filed Apr 19 2011, TO ENACT THE EQUAL ACCESS ACT.

AN ACT TO ENACT THE EQUAL ACCESS ACT. Summarized in Daily Bulletin 4/20/11, 6/8/11, and 6/5/12. Enacted July 12, 2012. Effective July 12, 2012.

Intro. by Tucker.
S 803/SL 2012-178 (2011-2012) RETIREMENT ADMINISTRATIVE CHANGES. Filed May 16 2012, TO MAKE CHANGES TO ADMINISTRATION OF THE STATE RETIREMENT SYSTEMS.

AN ACT TO MAKE CHANGES TO ADMINISTRATION OF THE STATE RETIREMENT SYSTEMS. Summarized in Daily Bulletin 5/16/12, 6/6/12, 6/20/12, 6/26/12, and 6/27/12. Enacted July 12, 2012. Effective July 1, 2012.

Intro. by Stevens.
S 810/SL 2012-187 (2011-2012) REGULATORY REFORM ACT OF 2012. Filed May 17 2012, TO (1) REESTABLISH THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE; (2) MAKE VARIOUS TECHNICAL AND CLARIFYING CHANGES TO THE ADMINISTRATIVE PROCEDURES ACT; (3) EXTEND THE EFFECTIVE DATE FOR CHANGES TO FINAL DECISION-MAKING AUTHORITY IN CERTAIN CONTESTED CASES; (4) LIMIT THE PERIOD DURING WHICH RECORDS OF UNCLAIMED PROPERTY MUST BE MAINTAINED; (5) REQUIRE AGENCIES TO GIVE WRITTEN NOTICE BEFORE AUDITING OR EXAMINING A BUSINESS; (6) CLARIFY THAT THE DISCHARGE OF WASTE INTO WATERS OF THE STATE DOES NOT INCLUDE THE RELEASE OF AIR CONTAMINANTS INTO THE OUTDOOR ATMOSPHERE; (7) AUTHORIZE RATHER THAN REQUIRE THE COMMISSION FOR PUBLIC HEALTH TO ADOPT RULES FOR THE TESTING OF WATER FROM NEW DRINKING WATER WELLS FOR CERTAIN VOLATILE ORGANIC COMPOUNDS; (8) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO TRACK AND REPORT ON PERMIT PROCESSING TIMES; (9) DELAY THE EFFECTIVE DATE FOR COMPLIANCE WITH WADING POOL FENCING REQUIREMENTS FROM JULY 1, 2012, TO JANUARY 1, 2013; AND (10) DIRECT THE COMMISSION FOR PUBLIC HEALTH TO AMEND THE RULES GOVERNING THE DURATION OF PERMITS FOR SANITARY LANDFILLS AND THE PERIOD IN WHICH THOSE PERMITS ARE REVIEWED, AS RECOMMENDED BY THE JOINT REGULATORY REFORM COMMITTEE.

AN ACT TO (1) REESTABLISH THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE; (1A) MODIFY APPOINTMENTS TO THE MINING AND ENERGY COMMISSION; (2A) MAKE VARIOUS TECHNICAL AND CLARIFYING CHANGES TO THE ADMINISTRATIVE PROCEDURES ACT; (2B) MAKE CONFORMING CHANGES TO THE STATE PERSONNEL ACT; (3) EXTEND THE EFFECTIVE DATE FOR CHANGES TO FINAL DECISION-MAKING AUTHORITY IN CERTAIN CONTESTED CASES; (4) LIMIT THE PERIOD DURING WHICH RECORDS OF UNCLAIMED PROPERTY MUST BE MAINTAINED; (5A) DIRECT AGENCIES TO SUBMIT A REPORT ON NOTICE GIVEN BEFORE AUDITING OR EXAMINING A BUSINESS TO THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE; (5B) LIMIT STATE AGENCY IDENTITY THEFT REPORTING REQUIREMENTS; (5C) REQUIRE THE DEPARTMENT OF LABOR TO PROVIDE NOTICE PRIOR TO INSPECTIONS; (6) CLARIFY THAT THE DISCHARGE OF WASTE INTO WATERS OF THE STATE DOES NOT INCLUDE THE RELEASE OF AIR CONTAMINANTS INTO THE OUTDOOR ATMOSPHERE; (7) AUTHORIZE RATHER THAN REQUIRE THE COMMISSION FOR PUBLIC HEALTH TO ADOPT RULES FOR THE TESTING OF WATER FROM NEW DRINKING WATER WELLS FOR CERTAIN VOLATILE ORGANIC COMPOUNDS; (7A) CLARIFY APPLICATION OF CERTAIN NUTRIENT RULES TO SMALL WASTEWATER DISCHARGES; (8) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO TRACK AND REPORT ON PERMIT PROCESSING TIMES; (9) DELAY THE EFFECTIVE DATE FOR COMPLIANCE WITH WADING POOL FENCING REQUIREMENTS FROM JULY 1, 2012, TO JANUARY 1, 2013; (10) DIRECT THE COMMISSION FOR PUBLIC HEALTH TO AMEND THE RULES GOVERNING THE DURATION OF PERMITS FOR SANITARY LANDFILLS AND THE PERIOD IN WHICH THOSE PERMITS ARE REVIEWED; (11) AMEND THE CRITERIA FOR DESIGNATION AS A PORT ENHANCEMENT ZONE; (12) EXEMPT CERTIFIED ROADSIDE FARM MARKETS FROM CERTAIN BUILDING CODE REQUIREMENTS; AND (13) ALLOW THE PERMITTING OF MOBILE FOOD UNITS THAT MEET THE SANITATION REQUIREMENTS OF A COMMISSARY. Summarized in Daily Bulletin 5/17/12, 5/24/12, 5/30/12, 5/31/12, 6/4/12, 6/14/12, 6/20/12, and 6/21/12. Enacted July 16, 2012. Effective July 16, 2012, except as otherwise provided.

Intro. by Rouzer, Brown, Davis.
S 821 (2011-2012) STUDY AND AMEND FISHERIES LAWS (NEW). Filed May 17 2012, TO DIRECT THE DIRECTOR OF THE DIVISION OF MARINE FISHERIES OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE EXECUTIVE DIRECTOR OF THE WILDLIFE RESOURCES COMMISSION TO JOINTLY STUDY FEES ASSOCIATED WITH THE ISSUANCE OF COASTAL FISHING LICENSES AND THE NUMBERING AND TITLING OF VESSELS.

AN ACT TO (1) DIRECT THE DIRECTOR OF THE DIVISION OF MARINE FISHERIES OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, THE EXECUTIVE DIRECTOR OF THE WILDLIFE RESOURCES COMMISSION, AND THE DEPUTY SECRETARY FOR TRANSIT OF THE DEPARTMENT OF TRANSPORTATION TO JOINTLY STUDY FEES ASSOCIATED WITH THE ISSUANCE OF COASTAL FISHING LICENSES AND THE NUMBERING AND TITLING OF VESSELS; (2) DIRECT THE EXECUTIVE DIRECTOR OF THE WILDLIFE RESOURCES COMMISSION, THE DIRECTOR OF THE DIVISION OF MARINE FISHERIES OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND THE COMMISSIONER OF AGRICULTURE TO JOINTLY STUDY THE REORGANIZATION OF FISHERIES MANAGEMENT IN THE STATE; (3) MAKE IT UNLAWFUL TO TAKE MENHADEN OR ATLANTIC THREAD HERRING WITH A PURSE SEINE NET DEPLOYED BY A MOTHER SHIP AND ONE OR MORE RUNNER BOATS IN COASTAL FISHING WATERS; (4) AMEND THE MARINE FISHERIES COMMISSION ADVISORY COMMITTEES; AND (5) PROVIDE THAT A SUPERMAJORITY OF THE MARINE FISHERIES COMMISSION IS REQUIRED TO OVERRIDE A RECOMMENDATION OF THE DIVISION OF MARINE FISHERIES REGARDING OVERFISHING OR REBUILDING OF FISH STOCKS. Summarized in Daily Bulletin 5/17/12, 6/11/12, 6/20/12, and 6/25/12. Enacted July 16, 2012. Sections 4(a) and (b) are effective July 1, 2012. Sections 3(a) and (b) are effective January 1, 2013. The remainder is effective July 16, 2012.

Intro. by Brown, Goolsby, Rabon.
S 836/SL 2012-162 (2011-2012) IMPROVE PROPERTY INSURANCE RATE MAKING. Filed May 21 2012, TO IMPROVE THE RATE-MAKING PROCESS AND THE AFFORDABILITY OF PROPERTY INSURANCE FOR LOW-INCOME HOMEOWNERS BY REQUIRING THAT MORE THAN ONE CATASTROPHE MODEL BE USED TO ESTIMATE POTENTIAL LOSSES FOR PURPOSES OF A RATE FILING; AND BY REQUIRING THAT THE RATE BUREAU CREATE A RATING PLAN FOR A PROPERTY INSURANCE POLICY THAT EXCLUDES COVERAGE FOR THE PERILS OF WINDSTORM AND HAIL; AND BY REQUIRING THE DEPARTMENT OF INSURANCE TO ACCEPT PUBLIC COMMENT ON ALL PROPERTY INSURANCE RATE FILINGS; AND BY PROVIDING FOR A PREHEARING CONFERENCE FOR THE COMMISSIONER OF INSURANCE TO SCRUTINIZE CATASTROPHE MODELING WHEN SUCH MODELING IS THE BASIS FOR ANY FACTOR IN A RATE FILING FOR WHICH THE COMMISSIONER HAS ISSUED A NOTICE OF HEARING; AND BY PROVIDING THE COMMISSIONER WITH THE POWER TO SPECIFY THE APPROPRIATE RATE LEVEL OR LEVELS UPON A FINDING THAT A RATE FILING DOES NOT COMPLY WITH APPLICABLE LAW; AND BY REQUIRING THAT, WHEN THE COST OF REINSURANCE IS INCLUDED AS A FACTOR IN A PROPOSED RATE, CERTAIN SUPPORTING INFORMATION BE PROVIDED AND THAT THE FILING INCLUDE ONLY THE REINSURANCE COST SPECIFIC TO PROPERTY INSURANCE LOSSES IN NORTH CAROLINA; AND BY REQUIRING THAT THE RATE BUREAU AND THE DEPARTMENT OF INSURANCE STUDY THE FAIRNESS AND EFFICACY OF THE CURRENT PROPERTY INSURANCE GEOGRAPHIC RATE TERRITORIES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON PROPERTY INSURANCE RATE MAKING.

AN ACT TO IMPROVE THE RATE-MAKING PROCESS BY REQUIRING THE DEPARTMENT OF INSURANCE TO ACCEPT PUBLIC COMMENT ON ALL PROPERTY INSURANCE RATE FILINGS, BY PROVIDING THE COMMISSIONER WITH THE POWER TO SPECIFY THE APPROPRIATE RATE LEVEL OR LEVELS BETWEEN THE CURRENT RATE AND THE FILED RATE UPON A FINDING THAT A RATE FILING DOES NOT COMPLY WITH APPLICABLE LAW, BY PROVIDING THAT THE COST OF REINSURANCE BE INCLUDED AS A FACTOR IN RATE MAKING AND REQUIRING CERTAIN SUPPORTING INFORMATION ON REINSURANCE COSTS IN A FILING, BY REQUIRING THAT THE RATE BUREAU CREATE A RATING PLAN FOR A PROPERTY INSURANCE POLICY THAT EXCLUDES COVERAGE FOR THE PERILS OF WINDSTORM AND HAIL, AND BY REQUIRING THAT THE RATE BUREAU AND THE DEPARMENT OF INSURANCE STUDY THE FAIRNESS AND EFFICACY OF THE CURRENT PROPERTY INSURANCE GEOGRAPHIC RATE TERRITORIES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION'S COMMITTEE ON PROPERTY INSURANCE RATE MAKING. Summarized in Daily Bulletin 5/21/12, 6/6/12, and 6/11/12. Enacted July 12, 2012. Sections 4 and 5 are effective December 1, 2012. Sections 6 and 7 are effective July 12, 2012. The remainder is effective July 1, 2012.

Intro. by Brown.
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.

AN ACT TO CREATE THE CRIMINAL OFFENSE OF UNLAWFUL SALE, SURRENDER, OR PURCHASE OF A MINOR; TO REQUIRE THE NORTH CAROLINA CONFERENCE OF DISTRICT ATTORNEYS TO CONDUCT A STUDY TO DETERMINE WHAT OTHER MEASURES MAY BE NEEDED TO STOP THIS TYPE OF CRIMINAL ACTIVITY; TO CLARIFY WHEN, TO WHOM, AND UNDER WHAT CIRCUMSTANCES THE IDENTITY OF A PERSON REPORTING CHILD ABUSE OR NEGLECT MAY BE RELEASED; TO CLARIFY WHAT INFORMATION THE DIVISION OF SOCIAL SERVICES IS REQUIRED TO MAINTAIN IN THE FOSTER CARE REGISTRY AND UNDER WHAT CIRCUMSTANCES INFORMATION IN THE REGISTRY MAY BE WITHHELD. Summarized in Daily Bulletin 5/29/12, 6/11/12, 6/27/12, 6/28/12, and 7/2/12. Enacted July 12, 2012. Sections 5 and 8 are effective July 12, 2012. Sections 6 and 7 are effective October 1, 2012. The remainder is effective December 1, 2012.

Intro. by Atwater.

The Daily Bulletin: 2012-07-17

LOCAL/HOUSE BILLS
H 1181/SL 2012-189 (2011-2012) STUDY MUNICIPAL LOCAL OPTION SALES TAX (NEW). Filed May 29 2012, TO AUTHORIZE THE TOWN OF EMERALD ISLE TO LEVY AN ADDITIONAL ONE PERCENT SALES AND USE TAX, THE PROCEEDS OF WHICH SHALL BE USED FOR BEACH NOURISHMENT.

AN ACT TO AUTHORIZE THE REVENUE LAWS STUDY COMMITTEE TO STUDY WHETHER MUNICIPALITIES SHOULD HAVE THE AUTHORITY TO LEVY A LOCAL OPTION SALES TAX FOR BEACH NOURISHMENT AND TO STUDY THE TAXATION AND VALUATION OF LEASEHOLD INTERESTS IN EXEMPT REAL PROPERTY. Summarized in Daily Bulletin 6/13/12 and 6/27/12. Enacted July 16, 2012. Effective July 16, 2012.

Intro. by McElraft.

The Daily Bulletin: 2012-07-17

LOCAL/SENATE BILLS
S 951/SL 2012-177 (2011-2012) TRANSFER CERTAIN CORRECTIONAL FACILITIES (NEW). Filed May 30 2012, TO TRANSFER THE CLEVELAND COUNTY CORRECTIONAL FACILITY TO CLEVELAND COMMUNITY COLLEGE.

AN ACT TO TRANSFER THE CLEVELAND COUNTY CORRECTIONAL FACILITY TO CLEVELAND COUNTY COMMUNITY COLLEGE AND TO TRANSFER THE HAYWOOD CORRECTIONAL CENTER TO THE HAYWOOD COUNTY BOARD OF COMMISSIONERS. Summarized in Daily Bulletin 5/30/12, 6/20/12, 6/25/12, and 6/26/12. Enacted July 12, 2012. Effective July 1, 2014.

Intro. by Westmoreland.Cleveland, Haywood
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: 2012-07-17

PUBLIC BILLS

H 153: NO PUBLIC RETIREMENT FOR CONVICTED FELONS (NEW).

    Signed By Gov. 7/17/2012
    Ch. SL 2012-193

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

    Signed By Gov. 7/17/2012
    Ch. SL 2012-192

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

    Signed By Gov. 7/17/2012
    Ch. SL 2012-194

Actions on Bills: 2012-07-17

No local actions on bills

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