Drafting Musings

Actions in November 27-29 NCGA session

gercohen — Tue, 29 Nov 2011 22:02:50 +0000

Here a bill status compendium of actions taken in the November 27-29 convening of the North Carolina General Assembly, note HB796 will be delivered to the Governor on Wednesday 11/30.

Bill	Short Title	Date	Action Text
H151	ASK PARTY/RELY ON NC COMPANIES/WORKERS FOR DNC.	11/29/2011	Ordered Engrossed
H645	Motor Fuel Excise Tax Adjustment and Studies	11/29/2011	Passed 3rd Reading
H796	Breweries/Comm. Coll./Supp. Fund. Clarified	11/29/2011	Ratified
S9	No Discriminatory Purpose in Death Penalty.	11/29/2011	Pres. To Gov. 11/29/2011
S224	Appointments	11/29/2011	Ch. SL 2011-418
S433	Local Human Services Administration.	11/29/2011	Motion to remove from unfav cal fails

more historical NC Session Laws online soon

gercohen — Fri, 21 Oct 2011 18:18:17 +0000

The North Carolina General Assembly website contains searchable and downloadable Session Laws (enactments of the General Assembly in chronological order) at http://ncleg.net/gascripts/EnactedLegislation/ELTOC.pl?sType=Law

From 1959 through 1982 only LOCAL laws are included (those applicable in less than 15 counties), because they had be manually typed in and proofread when we buolt our electronic database in 1987. Most public laws are eventually codified in our General Statutes and available in a subject matter database http://ncleg.net/gascripts/statutes/Statutes.asp and local laws were a higher priority online need for legislative drafters, researchers and municipal and county attorneys and staff. From 1983 forward we have ALL Session Laws, public and local in our Session Laws database.

In 2008 after we added the 1959 local acts we stopped the manual process of adding older laws as digitzation of old books seemed on the horizon. Now, we’ve gotten to the horizon as a library digitization projects conclude.

Between now and July of 2012 we’ll start processing the digitized 1008 public laws from 1981 and 1982 to add to the 392 local acts from that biennium in the database. While we will not be adding any large group of local acts pre-1959 until we get all the public laws online back to then, we are exploring adding several old city charters from Raleigh, Winston-Salem, and Asheville for historical reference purposes.

see http://ncbilldrafting.wordpress.com/2009/09/02/whats-a-city-charter-and-why-is-it-so-old/ the 25 largest municipalities all have charters enacted since 1958 which means they are already in our database. Missing? Three big ones:

Raleigh: Chapter 1184, Session Laws of 1949, April 23, 1949.

Winston-Salem: Chapter 232, Private Laws of 1927, March 3, 1927.

Asheville: Chapter 16, Private Laws of 1923, January 26, 1923, and Chapter 121, Private Laws of 1931, March 30, 1931. The 1931 charter revisal was not a complete consolidation, it enacted new material as well as repealing parts and reenacting parts of the 1923 charter simply by referring to section numbers of the 1923 act, so both documents must still be consulted.

2011 North Carolina bill deadlines

gercohen — Tue, 08 Feb 2011 22:43:33 +0000

The House (HR1) and Senate (SR1) rules for the 2011 Regular Session of the North Carolina General Assembly have set out deadlines for requesting and filing bills in the House and Senate.

The first two deadlines:

In the House, requests to staff to draft bills already recommended by study commissions are due by Tuesday, March 1, those bills must be filed in the House by Wednesday, March 9
In the Senate, requests to staff to draft local bills (those affecting less than 15 counties) are due by Tuesday, March 1, those bills must be filed in the Senate by Wednesday, March 9

Summaries of 2010 North Carolina substantive legislation are online

gercohen — Wed, 20 Oct 2010 20:03:41 +0000

From Walker Reagan, the North Carolina General Assembly’s Research Division Director:

“I am pleased to announce that the Summaries of Substantive Ratified Legislation – 2010 is available on the General Assembly’s web site. The direct link is provided below. It can also be accessed from the General Assembly’s homepage.

http://www.ncleg.net/documentsites/legislativepublications/Research%20Division/Summaries%20of%20Substantive%20Ratified%20Legislation/Summaries%20of%20Substantive%20Ratified%20Legislation%20for%202010.pdf“

North Carolina laws from 1817 to 1871 now online

gercohen — Tue, 12 Oct 2010 18:01:52 +0000

A year ago I posted about the big joint ECU/UNC/State/Legislative libraries project to digitize and publish 750,000+ pages of NC historical records.

We’ve got a batch of old laws online now — laws, public laws and private laws volumes from 1817 through 1871-72 are now up. In most cases you can get at them in multiple formats (Read Online, PDF, B/W PDF, EPUB, Kindle, Daisy, Full Text, and DjVu) at the link below. I’ll see if we can get these in some form to search across all the volumes. For now, enjoy.

The laws of North-Carolina (Volume 1817)

The laws of North-Carolina (Volume 1818)

The laws of North-Carolina (Volume 1819)

The laws of North-Carolina (Volume 1820)

The laws of North-Carolina (Volume 1821)

The laws of North-Carolina (Volume 1822)

The laws of North-Carolina (Volume 1823)

The laws of North-Carolina (Volume 1824)

The laws of North-Carolina (Volume 1825)

The laws of North-Carolina (Volume 1826)

The laws of North-Carolina (Volume 1827)

The laws of North-Carolina (Volume 1828)

The laws of North-Carolina (Volume 1829)

The laws of North-Carolina (Volume 1830/31)

The laws of North-Carolina (Volume 1831/32)

The laws of North-Carolina (Volume 1832/33)

The laws of North-Carolina (Volume 1833/34)

The laws of North-Carolina (Volume 1834/35)

The laws of North-Carolina (Volume 1835)

Laws of the State of North Carolina, (Volume 1836/37)

Laws of the State of North Carolina, (Volume 1838/1839)

Laws of the State of North Carolina, (Volume 1840/41)

Laws of the State of North Carolina, (Volume 1842/43)

Laws of the State of North Carolina, (Volume 1844/45)

Laws of the State of North Carolina, (Volume 1846/47)

Laws of the State of North Carolina, (Volume 1848/49)

Laws of the State of North Carolina, (Volume 1850/51)

Laws of the State of North Carolina, (Volume 1852)

Private laws of the State of North-Carolina, (Volume 1854/55)

Public laws of the State of North-Carolina, (Volume 1854/55)

Private laws of the State of North-Carolina, (Volume 1856/57)

Public laws of the State of North-Carolina, (Volume 1856/57)

Private laws of the State of North-Carolina, (Volume 1858/59)

Public laws of the State of North-Carolina, (Volume 1858/59)

Private laws of the State of North-Carolina, (Volume 1860/61)

Public laws of the State of North-Carolina, (Volume 1860/61)

Public laws of the State of North-Carolina, (Volume 1861)

Private laws of the State of North-Carolina, (Volume 1862/63)

Public laws of the State of North-Carolina, (Volume 1862/63)

Public laws of the State of North-Carolina, (Volume 1863)

Private laws of the State of North-Carolina, (Volume 1864/65)

Public laws of the State of North-Carolina, (Volume 1864/65)

Private laws of the State of North-Carolina, (Volume 1865/66)

Public laws of the State of North-Carolina, (Volume 1865/66)

Private laws of the State of North-Carolina, (Volume 1866/67)

Public laws of the State of North-Carolina, (Volume 1866/67)

Public laws of the State of North-Carolina, (Volume 1868)

Private laws of the State of North-Carolina, (Volume 1868/69)

Public laws of the State of North-Carolina, (Volume 1868/69)

Private laws of the State of North-Carolina, (Volume 1869/70)

Public laws of the State of North-Carolina, (Volume 1869/70)

Private laws of the State of North-Carolina, (Volume 1870/71)

Public laws of the State of North-Carolina, (Volume 1870/71)

Public laws of the State of North-Carolina, (Volume 1871/72)

Private laws of the State of North-Carolina, (Volume 1871/72)

Final 2010 NC bill becomes law without signature

gercohen — Wed, 11 Aug 2010 15:32:28 +0000

The final bill of the 2009 Regular Session of the North Carolina General Assembly became law on Tuesday, August 10, 2010 when Governor Perdue declined to act on it within the 30 days allowed by the North Carolina Constitution. Here is the new law:

H1292

Univ. Energy Savings/LEA Operational Leases

Ch. SL 2010-196

Under Article II, Section 22 of the Constitution, the Governor had 30 days after adjournment to act on all pending bills, with July 11 being day one. The 30-day period concluded at midnight, Monday, August 9, 2010.

House Bill 1292 was the 16th bill to become law without the Governor’s approval since gubernatorial veto was approved by the voters in 1996, and the first since 2006.

2010 laws enacted are listed here in order of becoming law, and here in order of bill number.

Day 26 of 30: one 2010 NC bill left on the Governor’s desk

gercohen — Fri, 06 Aug 2010 15:04:39 +0000

Governor Perdue signed an additional bill on Thursday, August 5, 2010 (day 26 of 30 to act). Here is the new law:

S886

Cleanfields Act of 2010.

Ch. SL 2010-195

Under Article II, Section 22 of the Constitution, the Governor has 30 days after adjournment to act on all pending bills, with July 11 being day one. The 30-day period concludes at midnight, Monday, August 9, 2010. The Governor has now acted on 108 of the 109 bills that were pending on her desk at adjournment of the 2009 Regular Session on July 10, 2010.

The bill remaining on the Governor’s desk is:

H1292

Univ. Energy Savings/LEA Operational Leases

Pres. To Gov. 7/9/2010

There are three options for the Governor on HB1292:

1) Sign the bill by midnight, Monday, August 9, 2010.

2) Take no action on the bill by midnight, Monday, August 9, 2010. In this case, the bill becomes law at 12:01 am on Tuesday, August 10, 2010.

3) Veto the bill. In such case, the Governor must reconvene the session no later than the 40th day after adjournment (Thursday, August 19, 2010) to consider overriding the veto, unless a majority of the members of each house sign a petition stating that there is no need to reconvene to act on the veto. Article II, Section 22(7) of the North Carolina Constitution states in pertinent part that if the Governor vetoes a bill after adjournment: “When the General Assembly has adjourned sine die … Governor shall reconvene that session … for reconsideration of the bill, and if the Governor does not reconvene the session, the bill shall become law on the fortieth day after such adjournment. Notwithstanding the previous sentence, if the Governor prior to reconvening the session receives written requests dated no earlier than 30 days after such adjournment, signed by a majority of the members of each house that a reconvened session to reconsider vetoed legislation is unnecessary, the Governor shall not reconvene the session for that purpose and any legislation vetoed in accordance with this section after adjournment shall not become law.” Article III, Section 5(11) of the North Carolina Constitution states in pertinent part: (11) Reconvened sessions … At such reconvened session, the General Assembly may only consider such bills as were returned by the Governor to that reconvened session for reconsideration. Such reconvened session shall begin on a date set by the Governor, but no later than 40 days after the General Assembly adjourned… sine die”

2010 laws enacted are listed here in order of becoming law, and here in order of bill number. These links are normally updated within a business day of action being taken.

day 26: one bill signed, two left

gercohen — Thu, 05 Aug 2010 17:33:30 +0000

Governor Perdue signed one bill Thursday, August 5, 2010 (Day 26 of 30 to act), Here is the new law:

S1213

Amend State Purchases & Contracts Laws.

Ch. SL 2010-194

Under Article II, Section 22 of the Constitution, the Governor has 30 days after adjournmentof the North Carolina General Assembly to act on all pending bills, with July 11 being day one. The 30-day period concludes at midnight, Monday, August 9, 2010. Any bills not acted on by the deadline become law on Tuesday, August 10, 2010. Bills sent to the Governor prior to adjournment where the 10-day limit had not run out at adjournment have a new 30-day clock.

2010 laws enacted are listed here in order of becoming law, and here in order of bill number. These links are normally updated within a business day of action being taken.

As of Thursday, August 5, day 26 of 30 for the Governor to act on bills, she had signed 107 of the 109 (98%) that were on her desk at the end of the session.

Bills remaining on the Governor’s desk:

H1292	Univ. Energy Savings/LEA Operational Leases	Pres. To Gov. 7/9/2010
S886	Cleanfields Act of 2010.	Pres. To Gov. 7/9/2010

day 25: four bills signed, three bills left

gercohen — Wed, 04 Aug 2010 19:22:32 +0000

Governor Perdue signed four bills Wednesday, August 4, 2010 (Day 25 of 30 to act), Here are the new laws:

S1400	No Foreclosure/Soldiers on Active Duty/Funds.	Ch. SL 2010-190
H76	Honor Wishes of Members of Military/Remains.	Ch. SL 2010-191
H614	Absentee Voting Changes.	Ch. SL 2010-192
H1412	Courts-Martial Amendments.	Ch. SL 2010-193

2010 laws enacted are listed here in order of becoming law, and here in order of bill number. These links are normally updated within a business day of action being taken.

As of Wednesday, August 4, day 25 of 30 for the Governor to act on bills, she had signed 106 of the 109 (97%) that were on her desk at the end of the session.

Bills remaining on the Governor’s desk:

H1292	Univ. Energy Savings/LEA Operational Leases	Pres. To Gov. 7/9/2010
S886	Cleanfields Act of 2010.	Pres. To Gov. 7/9/2010
S1213	Amend State Purchases & Contracts Laws.	Pres. To Gov. 7/9/2010

day 24 of 30: just seven bills left

gercohen — Tue, 03 Aug 2010 22:19:58 +0000

Governor Perdue signed one bill Friday, July 30 (Day 20 of 30), 18 bills Monday, August 2 (Day 23) and eight bills Tuesday, August 3 (Day 24), leaving 7 on her desk. Here are the new laws:

H1377	Safe Schools Act.	07/30/2010	Ch. SL 2010-163
S1015	Homeowner and Homebuyer Protection Act.	08/02/2010	Ch. SL 2010-164
H1734	DOT Powers and Duties Changes.	08/02/2010	Ch. SL 2010-165
S1215	Economic Incentives Alignment & Changes.	08/02/2010	Ch. SL 2010-166
H1829	Renewable Energy Incentives.	08/02/2010	Ch. SL 2010-167
S1216	Extend Emergency Foreclosure Program.	08/02/2010	Ch. SL 2010-168
H961	Gov’t Ethics and Campaign Reform Act of 2010.	08/02/2010	Ch. SL 2010-169
H748	Citizens United Response.	08/02/2010	Ch. SL 2010-170
S144	Amend Innocence Inquiry Commission.	08/02/2010	Ch. SL 2010-171
S1154	UNC Nonappropriated Capital Projects.	08/02/2010	Ch. SL 2010-172
H466	Consumer Choice and Investment Act Changes.	08/02/2010	Ch. SL 2010-173
H726	Clarify Expunctions.	08/02/2010	Ch. SL 2010-174
S1212	Local Gov’t. Other Post-Employment Benefits.	08/02/2010	Ch. SL 2010-175
H972	Create Uwharrie Regional Resources Comm’n.	08/02/2010	Ch. SL 2010-176
H683	Permit Extensions.	08/02/2010	Ch. SL 2010-177
S1119	Early Education Certification.	08/02/2010	Ch. SL 2010-178
S836	Oil Spill Liability, Response, & Preparedness	08/02/2010	Ch. SL 2010-179
H1766	Amend Environmental Laws 2010.	08/02/2010	Ch. SL 2010-180
H620	Will/Unif. Principal and Income Act Changes	08/02/2010	Ch. SL 2010-181
S1201	Add’l Flex./Coop. Innovative High Schools.	08/03/2010	Ch. SL 2010-182
S1199	Est. Regional School Planning Comm.	08/03/2010	Ch. SL 2010-183
S1244	SBOE Members Ex Officio to Econ. Dev. Comm.	08/03/2010	Ch. SL 2010-184
S675	Prohibit Medicaid Fraud/Kickbacks.	08/03/2010	Ch. SL 2010-185
S778	Application of SEPA to Incentives.	08/03/2010	Ch. SL 2010-186
S308	Low Profit Limited Liability Company.	08/03/2010	Ch. SL 2010-187
H1099	Clarify Effective Date for SEPA Exemption.	08/03/2010	Ch. SL 2010-188
S866	Retiring of State Flags.	08/03/2010	Ch. SL 2010-189

Under Article II, Section 22 of the Constitution, the Governor has 30 days after adjournment to act on all pending bills, with July 11 being day one. The 30-day period concludes at midnight, Monday, August 9, 2010. Any bills not acted on by the deadline become law on Tuesday, August 10, 2010. Bills sent to the Governor prior to adjournment where the 10-day limit had not run out at adjournment have a new 30-day clock.

2010 laws enacted are listed here in order of becoming law, and here in order of bill number. These links are normally updated within a business day of action being taken.

As of Tuesday, August 3, day 24 of 30 for the Governor to act on bills, she had signed 102 of the 109 (94%) that were on her desk at the end of the session.

Bills remaining on the Governor’s desk:

Bill		Short Title	Action Text
H76		Honor Wishes of Members of Military/Remains.	Pres. To Gov. 7/8/2010
H614		Absentee Voting Changes.	Pres. To Gov. 7/8/2010
H1292		Univ. Energy Savings/LEA Operational Leases	Pres. To Gov. 7/9/2010
H1412		Courts-Martial Amendments.	Pres. To Gov. 7/8/2010
S886	= H1346	Cleanfields Act of 2010.	Pres. To Gov. 7/9/2010
S1213	= H1851	Amend State Purchases & Contracts Laws.	Pres. To Gov. 7/9/2010
S1400		No Foreclosure/Soldiers on Active Duty/Funds.	Pres. To Gov. 7/10/2010