Bill Summary for S 847 (2011-2012)

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Summary date: 

Jul 2 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 847 (Public) Filed Monday, May 21, 2012
Intro. by Hartsell.

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Bill summary

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.