Bill Summary for S 481 (2015-2016)

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Summary date: 

Jun 23 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 481 (Public) Filed Wednesday, March 25, 2015
AN ACT TO ENACT THE NORTH CAROLINA PROVIDING ACCESS TO CAPITAL FOR ENTREPRENEURS AND SMALL BUSINESS ACT, TO PROVIDE PUBLIC DISCLOSURE OF WRITTEN DETERMINATIONS MADE BY THE DEPARTMENT OF REVENUE, AND TO PROHIBIT CITIES FROM CHARGING FEES FOR UTILITY USE OF RIGHT‑OF‑WAY.
Intro. by Barringer, Hise, Gunn.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Changes the long and short titles.

Current GS 160A-293(a) grants a city the general authority and control over all public streets, sidewalks, alleys, bridges, and other ways of public passage within its corporate limits, except to the extent that authority and control is vested in the Board of Transportation. Current law delineates eight powers and duties that the general authority granted to a city includes, but is not limited to. The sixth power included in a city's general authority and control granted in subsection (c) is the power to regulate, license, and prohibit digging in the streets, sidewalks, or alleys, or placing therein or thereon any pipes, poles, wires, fixtures, or appliances on, above, or below the surface. Current law further provides that, to the extent a municipality is authorized to impose a fee or charge with respect to activities conducted on rights-of-way, the fee or charge must apply uniformly and on a competitively neutral and nondiscriminatory basis to all comparable activities by similarly situated users of the rights-of-way. This act adds a provision to prohibit the assessment of a fee or charge for activities conducted in the right-of-way on businesses listed in GS 160A-206(b) (businesses supplying utilities), except to the extent a city's right-of-way management expenses related to the activities of the businesses exceed distributions under Article 5 of GS Chapter 105 (sales and use tax). Effective July 1, 2017.

Provides that, from the effective date of the act until July 1, 2017, no city can impose any new or increased fees or charges on the businesses listed in GS 160A-206(b) for activities conducted in the right-of-way and, subject to other applicable legal requirements, the fees or charges cannot exceed those in effect as of June 1, 2016.