Bill Summary for S 363 (2015-2016)

Summary date: 

May 25 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 363 (Public) Filed Monday, March 23, 2015
AN ACT PROVIDING THAT EMPLOYEES OF SEASONAL AMUSEMENT OR RECREATIONAL FACILITIES ARE EXEMPT FROM OVERTIME AND RECORD‑KEEPING REQUIREMENTS OF THE NORTH CAROLINA WAGE AND HOUR ACT AND AUTHORIZING CITIES AND COUNTIES TO PROVIDE FOR THE PAYMENT OF ALL OR A PORTION OF THE COST OF CRITICAL INFRASTRUCTURE PROJECTS BY USING FUNDS FROM PRIVATE PARTIES AND REPAYING THE FUNDS BY MAKING SPECIAL ASSESSMENTS ON BENEFITED PROPERTY.
Intro. by Hartsell.

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Bill summary

House committee substitute deletes all provisions of the 2nd edition and replaces it with AN ACT PROVIDING THAT EMPLOYEES OF SEASONAL AMUSEMENT OR RECREATIONAL FACILITIES ARE EXEMPT FROM MINIMUM WAGE, OVERTIME, AND RECORD KEEPING REQUIREMENTS OF THE NORTH CAROLINA WAGE AND HOUR ACT, AUTHORIZING CITIES AND COUNTIES TO PROVIDE FOR THE PAYMENT OF ALL OR A PORTION OF THE COST OF CRITICAL INFRASTRUCTURE PROJECTS BY USING FUNDS FROM PRIVATE PARTIES AND REPAYING THE FUNDS BY MAKING SPECIAL ASSESSMENTS ON BENEFITED PROPERTY, REMOVING CERTAIN PROPERTY FROM THE STATE NATURE AND HISTORIC PRESERVE, AND AUTHORIZING THE DELETION OF VARIOUS PROPERTIES FROM THE STATE PARKS SYSTEM.

Now provides the following.

Section 1

Amends GS 95-25.14(b), which lists eight exemptions to the provisions of GS 95-25.3 (minimum wage), GS 95-25.4 (overtime), and GS 95-25.15(b) (record keeping), by eliminating from the first exemption, for any employee of a boys' or girls' summer camp any employee of a seasonal religious or nonprofit educational conference center. Adds new exemption for any employee of a seasonal religious or nonprofit educational conference center or a seasonal amusement or recreational establishment. Makes technical changes.

Amends GS 95-25.3(e) by removing employees of a seasonal amusement or recreational establishment from the application of the Commissioner's regulation establishing a wage rate of not less then 85% of the otherwise applicable wage rate under GS 95-25.3(a).

Amends GS 95-25.4, which requires employers to pay overtime, by removing the provision requiring employers of seasonal amusement or recreational establishment employees to pay the overtime rate only for hours in excess of 45 hours per workweek.

Section 2

Amends the statement of purpose in GS 153A-210.1(a), establishing that Article 9A of GS Chapter 153A, Special Assessment for Critical Infrastructure Needs, enables counties that face increased demands for infrastructure improvements as a result of rapid growth and development to impose special assessments as provided in the Article (previously, to issue revenue bonds payable from special assessments imposed under the Article) on benefited property, and to use the resulting revenue as provided in the Article (previously, no provision providing for the use of resulting revenue). Amends the sunset provision set out in GS 153A-210.1(b) to specify that the Article expires July 1, 2020, for projects that have not been approved under a final assessment resolution under new GS 153A-210.3(a2) as enacted by this act, as existing language provides that for projects authorized under GS 153A-210.2(a1), the Article expires July 1, 2019. Provides that the expiration does not affect the validity of assessments imposed or to be imposed or bonds issued or authorized or to be issued or authorized (previously, only assessments imposed, or bonds issued or authorized) under the provisions of the Article if a final assessment resolution has been adopted, prior to the effective date of the expiration (previously, no requirement that a final assessment resolution is to have been adopted).

Amends GS 160A-239.1 of Article 10A of GS Chapter 160A, Special Assessments for Critical Infrastructure Needs for Cities and Towns, to make identical changes as those made in GS 153A-210.1, as amended by the act.

Amends GS 153A-210.2(a), which authorizes the board of commissioners of a county to make special assessments against benefited property within a county, providing that the assessments are made for the purpose of assisting in arranging for payment of (previously, for the purpose of financing) the capital costs of the projects, as specified. Makes a conforming change. Amends GS 153A-210.2(b) to require the board of commissioners to determine the amount of costs to be paid from the assessments for a project in addition to determining a project's total estimated costs. Allows the costs to include expenses for the administration of assessments, in addition to costs allowed under GS 143A-193 (allowing construction costs, the cost of necessary legal services, the amount of interest paid during construction, the cost of rights-of-way, and the cost of publishing and mailing notices and resolutions) and GS 159-84 (authorization and provision of revenue bonds). Amends GS 153A-210.2(c) to provide that the board of commissioners are to establish an assessment method that will, in the board's judgment (previously, no language clarifying the board's judgment to determine the method chosen), accurately assess each lot or parcel of land subject to the assessments according to the benefits conferred upon it by the project for which the assessment is made. Provides that in selecting a method, the board may provide that the benefits conferred are measured on the basis of use being made on the lot or parcel of land and provide for adjustments of assessments upon a change in use, provided that the total amount of all assessments is sufficient to pay the portion of the costs of the projects to be funded from assessments after the adjustments have been made (previously, sufficient to pay the costs of the project after the adjustments have been made).

Amends GS 160A-239.2 of Article 10A of GS Chapter 160A to make identical changes as those made in GS 153A-210.2, as amended by the act, except that in subsection (b) the act changes the costs allowed to be included in the project's total estimated cost by replacing costs allowed under GS 153A-193 with GS 160A-226 (determination of costs of special assessments under Article 10 of GS Chapter 160A). Makes language applicable to city councils.

Amends GS 153A-210.3, which requires a petition for the project to be financed by special assessments to be received, as specified, before the board of commissioners may impose a special assessment, by enacting two new subsections as follows. Enacts subsection (a1) to require the board of commissioners, upon receipt of a petition pursuant to subsection (a), to adopt a preliminary assessment resolution containing a statement of intent, a general description of the nature and location of the project, a statement of the proposed terms of payment of the assessment, and an order setting a time and place for a public hearing, to be no earlier than three weeks and no later than ten weeks from the day on which the preliminary resolution is adopted. Enacts subsection (a2) to require the board of commissioners to hear all interested persons who appear with respect to any matter covered by the preliminary assessment resolution at the public hearing. Allows the board to adopt a final assessment resolution directing that the project or portions of the project be undertaken, and requires the final assessment resolution to include the information required to be contained in the preliminary assessment resolution under new subsection (a1).

Amends GS 160A-239.3 of Article 10A of GS Chapter 160A to make identical changes as those made in GS 153A-210.3, as amended by the act. Makes language applicable to city councils.

Amends GS 153A-210.4 by changing the section title to Funding (was, Financing) a project for which an assessment is imposed. Replaces "financing" with "funding" throughout the statute. Amends subsection (a) to specify that, in addition to funding from sources otherwise authorized for use by the board of commissioners in connection with a project, a board may provide for the payment of all or a portion of the cost (previously, payment of the cost) of a project for which an assessment may be imposed from one or more of the funding sources listed in subsection (a). Requires the assessment resolution to include the estimated cost of the project to be funded by the assessment (previously, estimated costs) and the amount for the cost estimated (previously amount of cost) to be derived from each respective funding source. Adds funds from private parties to funding sources listed in subsection (a). Enacts new subsection (c) to establish that, if a board of commissioners contracts with a private party to construct a project on behalf of the county as provided in GS 153A-210.7 (project implementation), the board of commissioners is authorized to agree to impose one or more special assessments pursuant to Article 9A in order to reimburse the private party for costs incurred by the private party related to the project, including an inflationary factor applicable during any period of abeyance provided by GS 153A-210.5 (payment of assessments by installments). Establishes that the board of commissioners is not obligated to reimburse a private party any amount in excess of assessment revenues actually collected less the county's related administrative costs.

Amends GS 160A-239.4 of Article 10A of GS Chapter 160A to make identical changes as those made in GS 153A-210.4, as amended by the act. Makes language applicable to city councils.

Amends GS 153A-210.5, concerning payment of assessments in installments, by placing the existing language into a new subsection (a) and clarifying that the installments, as specified, are due on the date that real property taxes are due (previously, on the date that property taxes are due). Enacts new subsection (b) to authorize the board of commissioners to provide for the abeyance of assessments authorized by Article 9 of GS Chapter 153A (special assessments), and authorizes the abeyance to apply to any assessed property. Provides that annual installments are to be deferred until the period of abeyance ends. Provides the assessment to be payable on the first annual installment payment date after the period of abeyance ends.

Amends GS 160A-239.5 of Article 10A of GS Chapter 160A to make identical changes as those made in GS 153A-210.5, as amended by the act. Makes language applicable to city councils.

Amends GS 153A-210.7, concerning project implementation, by providing that initial funding for the project may be provided by the public or private agencies. Sets out that, if no more than 25% of the estimated cost of a project is to be funded from the proceeds of general obligation bonds or general revenue, excluding assessments imposed pursuant to Article 9A (previously, does not exclude Article 9A assessments from the estimated cost for this provision to apply), a private agency that enters into a contract with a county for the implementation of all or part of the project is subject to the provisions of Article 8 of GS Chapter 143 (concerning public contracts) to the extent specified in the contract.

Amends GS 160A-239.7 of Article 10A of GS Chapter 160A to make identical changes as those made in GS 153A-210.7, as amended by the act.

Effective June 30, 2016.

Section 3

Enacts GS 143-260.10H to remove the parcel specified in Gorges State Park from the State Nature and Historic Preserve, and delete the specified parcel from the State Parks System pursuant to GS 143B-135.54. Establishes that the State may only exchange the specified parcel for other property for the expansion of Gorges State Park or sell the land and use the proceeds for that purpose. Prohibits the State from otherwise selling or exchanging the specified parcel.

Enacts GS 143-260.10I to remove the parcel specified in Jockey's Ridge State Park from the State Nature and Historic Preserve.

Enacts GS 143-260-10J to remove the parcel specified in Mitchells Millpond State Natural Area from the State Nature and Historic Preserve and delete the specified parcel from the State Parks System pursuant to GS 143B-135.54. Establishes that the State may only exchange the specified parcel for other property for the expansion of Mitchells Millpond State Natural Area or sell the land and use the proceeds for that purpose. Prohibits the State from otherwise selling or exchanging the specified parcel.

Authorizes the deletion of three parcels, as specified in Section 3(b) of the act, from the State Parks System, pursuant to GS 143B-135.54.  Establishes that the State may only exchange the specified parcel for other property for the expansion of Hanging Rock State Park or sell the land and use the proceeds for that purpose. Prohibits the State from otherwise selling or exchanging the specified parcel.

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