OMNIBUS CONSTITUTIONAL AMENDMENTS. (NEW)

View NCGA Bill Details2015-2016 Session
House Bill 3 (Public) Filed Wednesday, January 14, 2015
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE; TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES; TO PROVIDE FOR TAXPAYER PROTECTIONS THAT ESTABLISH A STATE EMERGENCY SAVINGS RESERVE FUND; TO REDUCE THE MAXIMUM INCOME TAX RATE TO FIVE AND ONE‑HALF PERCENT FROM TEN PERCENT; AND TO PROTECT THE RIGHT OF THE PEOPLE TO HUNT, FISH, AND HARVEST WILDLIFE.
Intro. by McGrady.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House Action) (Jun 28 2016)

SOG comments (2):

Identical bill

Bill as filed is identical to S 74 as filed on 2/11/15.

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY CHANGES.

H 3

Bill Summaries:

  • Summary date: Jun 24 2016 - More information

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

    Changes the long title to AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE; TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES; TO PROVIDE FOR TAXPAYER PROTECTIONS THAT ESTABLISH A STATE OF EMERGENCY SAVINGS RESERVE FUND; TO REDUCE THE MAXIMUM INCOME TAX RATE TO FIVE AND ONE-HALF PERCENT FROM TEN PERCENT; AND TO PROTECT THE RIGHT OF THE PEOPLE TO HUNT, FISH AND HARVEST WILDLIFE.

    Changes the short title.

    Part I

    Deletes the provision allowing ballots, voting systems, or both to be used in accordance with GS Chapter 163 (Elections and Election Laws) in the statewide election where the constitutional amendment to add Section 19.1, Eminent Domain, to the North Carolina Constitution is to be submitted to qualified voters.

    Provides that the amendment becomes effective January 1, 2017, subject to approval by voters at the November 8, 2016 election (previously, May 3, 2016, election).

    Deletes Sections 4 and 5 of the previous edition, which revised GS 40A-3, concerning who had the authority to exercise the power of eminent domain.

    Part II

    Subject to approval by a majority of votes cast November 8, 2016, the act amends the North Carolina constitution by enacting a new Article XV, and amending Section 22 of Article II, as follows.

    Adds new Article XV, Taxpayer Protections. Section 1 establishes the Emergency Savings Reserve Fund (Fund) and requires the General Assembly to reserve 2% of the amount appropriated from the General Fund (excluding General Fund receipts) to the Fund for capital and operating expenses for the prior fiscal year until the Fund contains 12.5% of the amount appropriated from the General Fund (excluding General Fund receipts) for capital and operating expenses for the prior fiscal year. Allows the General Assembly to decline to reserve funds to or provide for the expenditure of funds from the Fund; acts that do either of these things must be approved by two-thirds of all the members of each house. Prohibits money from being drawn from the Fund except under appropriations from the Fund passed by two-thirds vote of all the members of each house. Specifies that the Governor does not have the power to (1) expend money in the Fund without an appropriation by the General Assembly or (2) divert money appropriated from the Fund for other purposes. Applies to fiscal years beginning on or after July 1, 2017.

    Section 2 limits the income tax rate to 5%. Applies to taxable years beginning on or after January 1, 2020. 

    Amends Section 2 of Article V to provide that tax on income is subject to the provisions of Section 2 of new Article XV. Applies to taxable years beginning on or after January 1, 2020.

    Adds new subdivision to Section 22 of Article II, to require that every bill declining to reserve funds to the Emergency Savings Fund, providing for the expenditure of funds from the Emergency Savings Reserve Fund, or both, and containing no other matter must be read three times in each house before it becomes law, and must be signed by the presiding officers of both houses.

    Sets out the requirements for presenting the amendments to voters. Requires that if a majority of votes cast on the question are in favor of the amendments in the act that the amendments be certified to the Secretary of State.

    Part III

    Subject to approval by voters at the statewide election on November 8, 2016, adds new Section 40 to Article I of the North Carolina Constitution to protect the right of people to hunt, fish, and harvest wildlife, subject to reasonable regulations as the General Assembly may prescribe to promote wildlife conservation and management, and to preserve the future of hunting and fishing. Makes public hunting and fishing the preferred means of managing and controlling wildlife. If approved, effective January 1, 2017.

    Sets out the requirements for presenting the amendments to voters. Requires that if a majority of votes cast on the question are in favor of the amendments in the act that the amendments be certified to the Secretary of State.


  • Summary date: Jan 14 2015 - More information

    Subject to approval by the voters at the May 3, 2016, statewide election, amends ArticleI of the North Carolina Constitution by adding a new Sec. 19.1 to prohibit the taking by eminent domain of private property except for a public use. Directs that just compensation be paid to the private property owner and provides that either party may request that the amount of just compensation be determined by a jury. Provides that if the majority of votes are in favor of the amendment, the State Board of Elections is to certify the amendment to the Secretary of State and the amendment will become effective upon certification and apply to takings of private property by eminent domain after the certification date.

    Amends GS 40A-3(a) and (b1)to restrict private condemnors and local public condemnorsto exercising the power of eminent domain for a public use (was, for a public use or benefit). Amends the list of private condemnors permitted to exercise the power of eminent domain to include communication facilities (was, specified telegraphs and telephones), facilities related to the distribution of natural gas, and pipelines or mains originating in North Carolina for the transportation of natural gas.

    Also amends subsection (c) to limit takings by public entities (other public condemnors) to the exercise of eminent domain for the public use (was, public use or benefit). Enacts a new subsection (d) to GS 40A-3 to provide that private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of thisstatute posses the power of eminent domain and may acquire any property for the connection of any customer(s) via purchase, gift, or condemnation.

    Makes additional technical changes to punctuation.

    Statutory changesbecome effective when this act becomes law and apply to takings occurring on or after that date.


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