FREEDOM TO CELEBRATE THE FOURTH OF JULY. (NEW)

View NCGA Bill Details2019-2020 Session
House Bill 686 (Public) Filed Wednesday, April 10, 2019
AN ACT TO PROTECT THE RIGHT TO CELEBRATE THE FOURTH OF JULY, IN COMMEMORATION OF THE DECLARATION OF INDEPENDENCE OF THE UNITED STATES.
Intro. by Stevens.

Status: Failed To Override Veto (Jul 8 2020)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO REQUIRE CERTAIN DISCLOSURES AND NOTICES TO CONSUMERS AND TO PROVIDE FOR ADDITIONAL OPTIONS TO OPT OUT OF CERTAIN AUTOMATICALLY RENEWING CONSUMER CONTRACTS.

Bill History:

H 686

Bill Summaries:

  • Summary date: Jul 2 2020 - More information

    The Governor vetoed the act on 07/02/20. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2019/8625/0/H686-BD-NBC-8612


  • Summary date: Jun 19 2020 - More information

    Senate Amendment #2 to the 3rd edition makes the following changes.

    Revises the act's provisions to limit the scope of the act to July 4th parades and fireworks displays scheduled within a period certain, 5:00 p.m. on July 1st to 5:00 p.m. on July 10th. Makes conforming changes throughout. 

    Additionally, prohibits denial of a reasonable permit for a parade or fireworks display by a city or municipality during the specified period. Allows denial or revocation for good cause found by the governing board, documented in writing, for permits substantially the same as those approved during the same period in 2019.

    Note: Senate Amendment #1 was withdrawn.


  • Summary date: Jun 19 2020 - More information

    Senate amendment to the 3rd edition makes the following changes.

    Revises the act's provisions to limit the scope of the act to July 4th parades and fireworks displays scheduled within a period certain, 5:00 p.m. on July 1st to 5:00 p.m. on July 10th. Makes conforming changes throughout. 

    Additionally, prohibits denial of a reasonable permit for a parade or fireworks display by a city or municipality during the specified period. Allows denial or revocation for good cause found by the governing board, documented in writing, for permits substantially the same as those approved during the same period in 2019.


  • Summary date: Jun 18 2020 - More information

    Senate committee substitute to the 2nd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.

    Changes the act's titles.

    Includes several whereas clauses setting out the history of the celebration of the 4th of July. Prohibits the Governor and any municipality or county from prohibiting parades, fireworks discharged in accordance with Article 54 of GS Chapter 14, held on July 4th, commemorating the Declaration of Independence by the United States. Provides that, notwithstanding GS 166A-19.30 and 166-31(h), relating to powers under state and local declarations of emergency, prohibits prosecution for the Class 2 misdemeanor required for violation of a declaration or executive order, merely for the act of attending or participating in a parade, or firework display discharged in accordance with Article 54 of GS Chapter 14, held on July 4th, commemorating the Declaration of Independence by the United States.

    Also provides limited immunity for any act or omission alleged to have resulted in the contraction of COVID-19 during a parade or firework display discharged in accordance with Article 54 of GS Chapter 14, held on July 4th. This provision does not apply to (1) claims before the Industrial Commission seeking benefits payable under the Workers' Compensation Act, Article 1 of GS Chapter 97 or (2) claims arising later than one year after the expiration or rescission of Executive Order 116 issued March 10, 2020.

    Effective when it becomes law and expires when any applicable declaration of emergency prohibitions and restrictions expire or are terminated to permit parades and firework displays on the 4th of July.


  • Summary date: May 3 2019 - More information

    House committee substitute to the 1st edition makes the following changes.

    Amends GS 75-41, which sets forth certain requirements for any person engaged in commerce that sells, leases, or offers to sell or lease, any products or services to a consumer under a contract that automatically renews unless the consumer cancels the contract. No longer requires that the statement be provided in a separate statement or that it be at least 12-point type and in bold print. Amends the content of the required disclosure statement as follows. Deletes the provision stating that if the consumer does not sign the contract and disclosure statement, then the contract will not be automatically renewed, but that a notice of termination of contract will be provided to the consumer at least 60 days before the contract termination date. In lieu of an e-mail address, mailing address, or toll-free phone number, allows providing another cost-effective, timely, and easy-to-use mechanism that the consumer may use to terminate the automatic renewal. Requires that for any automatic renewal of 12 months or more, that the consumer be given notice by personal delivery, e-mail, first-class mail, or any other form of notice agreed to by the consumer, at least 15 days but no earlier than 60 days before the contract is to be automatically renewed (was, for any automatic renewal exceeding 60 days, provide the consumer with written notice by personal delivery, e-mail, or first-class mail at least 15 days but no earlier than 45 days before the contract is to automatically renew), stating the renewal date and notifying the consumer that the contract will automatically renew unless it is cancelled prior to that date.

    Deletes the requirement that the consumer be given written confirmation and notice of termination of the automatic renewal when the consumer cancels the automatic renewal. Deletes the prohibition on automatically renewing a contract, charging a consumer a higher fee or contract amount, or otherwise penalizing a consumer if the consumer did not sign a disclosure statement and the required termination of the automatic renewal provision of a contract within 30 days of receipt of a notice from a consumer that the consumer has permanently relocated to a hospital, nursing home, or assisted living facility.

    Amends the act's long title. 


  • Summary date: Apr 10 2019 - More information

    Amends GS 75-41, which sets forth certain requirements for any person engaged in commerce that sells, leases, or offers to sell or lease, any products or services to a consumer under a contract that automatically renews unless the consumer cancels the contract.

    Under current law, the person must disclose the automatic renewal clause in the contract and contract offer and disclose how to cancel the contract in the initial contract, contract offer, or with delivery of products or services. Now instead requires that a person engaged in such business must provide a separate disclosure statement that provides notice that the contract will be automatically renewed if the customer signs the contract and the disclosure statement; that the notice of termination will be provided to the consumer at least 60 days prior to the contract termination date if the customer does not sign the contract and disclosure statement; the length of the initial and each renewal term under the contract; the amount to be charged to the consumer for the initial term and any renewal terms; a list and explanation of any contract terms that will change upon contract renewal; and an email address, mailing address and phone number that the consumer can use to terminate the automatic renewal. Adds a requirement for the person to send a notice to a consumer who does not sign the disclosure statement at least 60 days prior to the contract termination date, which provides the date that the contract is scheduled to terminate and the renewal options available to the consumer; allows delivery of the notice by personal delivery, email, or first-class mail. Also requires the person to provide written confirmation and notice of termination of the automatic renewal within 30 days of receipt of cancellation if a customer cancels the automatic renewal in accordance with the act. Maintains the additional notice requirements for any automatic renewal exceeding 60 days.

    Prohibits a person subject to the statute from automatically renewing a contract, charging a consumer a higher fee or contract amount, or otherwise penalizing a consumer if the consumer did not sign a disclosure statement. Adds a new requirement for a person to terminate the automatic renewal provision of a contract within 30 days of receipt of a notice from a consumer that the consumer has permanently relocated to a hospital, nursing home, or assisted living facility.

    Makes conforming changes.

    Applies to contracts entered into on or after January 1, 2020.


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