BUSINESS REGULATORY REFORM ACT OF 2017.

View NCGA Bill Details2017-2018 Session
Senate Bill 544 (Public) Filed Thursday, March 30, 2017
AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS GOVERNING BUSINESSES AND BUSINESS TRANSACTIONS.
Intro. by Wade, Wells, Meredith.

Status: Re-ref to Commerce and Insurance. If fav, re-ref to Finance. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate (Senate Action) (Apr 13 2017)
S 544

Bill Summaries:

  • Summary date: Mar 30 2017 - More information

    Section 1

    Amends GS 20-178.1, concerning the payment and review of civil penalties imposed by the Department of Public Safety (Department) under Article 3 of GS Chapter 20 (Motor Vehicle Act of 1937).

    Current law, subsection (a), requires a person who is assessed a civil penalty under Article 3 to either pay the penalty within 30 calendar days after the date the penalty was assessed or make a written request within that time limit to the Department for Departmental review of the penalty. This act removes the language providing for the option to submit a written request for Departmental review of the penalty, and instead provides for the option to request an administrative review of the penalty within the time limit in accordance with subsection (b) as amended below. 

    Current law in subsections (b) and (c) detail the Departmental review process and requirements, as well as sets out specifics pertaining to judicial review of the Department's decision. This act substantively eliminates those provisions. Provides that any person who denies liability for a penalty imposed by the Department can challenge the Department's decision by filing a contested case under Article 3 of GS Chpater 150B (Administrative Hearings). Further, provides that any person who is dissatisfied with a final decision from administrative review can seek judicial review in accordance with Article 4 of GS Chapter 150B. Allows for a petition for judicial review to be filed in the Superior Court of Wake County or in the superior court of the county in which the civil penalty was assessed. 

    Adds a descriptor to existing subsection (e), concerning the remittance of proceeds from civil penalties assessed by the Department pursuant to Article 3.

    Makes conforming change to GS 20-382.2(b), concerning the assessment of penalties and the review of penalties for registration and insurance verification violations by for-hire motor vehicles, to refer to the procedure for administrative review of a penalty instead of departmental review of a penalty. 

    Repeals GS 150B-1(e)(14), which exempted the Department's hearings and appeals authorized under GS Chapter 20 from the contested case provisions of GS Chapter 150B.

    Effective October 1, 2017, and applies to civil penalties assessed on or after that date. 

    Section 2

    Amends GS 20-101(b) to exempt a motor vehicle that is a farm vehicle qualifying for an exception under GS 20-118(c)(4), (c)(5), or (c)(12) from the specified marking requirements for weighted vehicles under the statute.

    Section 3

    Amends GS 96-1(b)(12)b, which sets outs exclusions from the term employment as it applies to GS Chapter 96 (Employment Security).

    Adds new exclusion for services performed by an individual engaged in the trade or business of selling or soliciting the sale of consumer products to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis for in the home or other than a permanent retail establishment, provided that substantially all the remuneration for performance of the service is: (1) directly related to sales or other output rather than to the number of hours worked and (2) pursuant to a written contract between the individual and the person for whom the services are performed and the contract expressly provides that the individual will not be treated as an employee for federal and State tax purposes.

    Adds exclusion for services performed by an individual engaged in the trade or business of selling or soliciting the sale of consumer products for in the home or other than in a permanent retail establishment provided that: (1) services are directly related to sales or other output rather than to the number of hours worked and (2) services performed are pursuant to a written contract between the individual and the person for whom the services are performed and the contract expressly provides that the individual will not be treated as an employee for federal and State tax purposes.


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