Bill Summary for S 553 (2019-2020)

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Summary date: 

Jun 28 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 553 (Public) Filed Tuesday, April 2, 2019
Intro. by Sanderson, Wells.

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Bill summary

House committee substitute to the 4th edition makes the following changes.

Part I. State and Local Government Regulation

Concerning the directive to the Building Code Council (Council) and local governments enforcing the 2018 NC Fire Prevention Code (Code) to enforce the specified exit obstruction and waste accumulation provisions as provided in the act, eliminates the distinct conditions between apartment occupancies with enclosed corridors and apartment occupancies with open-air corridors or balconies served by exterior stairs. Instead, consolidates the conditions, application with respect to apartment occupancies in general, requiring the maximum doorstep refuse and recycling collection container size not to exceed 15 gallons and the number of containers not to exceed one refuse and one recycling collection container for a total of two containers per dwelling unit (previously, ranged from 13 to 27 gallon maximum container size depending on the type of apartment occupancy). Makes conforming changes. Concerning the Council's rulemaking directive, requires the Council to revise the specified rules in a manner similar to the implementation directives provided (previously, required the rules to be revised in a manner substantively identical to the implementation directives).

Modifies the proposed changes to GS 93A-40(a) concerning real estate licensing requirements for time share salespeople. Now defines a time share salesperson to be a licensed real estate broker unless the salesperson meets the requirements for exemption from licensure under specified state law, or is an employee of the registered time share developer, and has their income reported on the IRS W2 form of the registered time share developer (previously, did not specify which W2).

Eliminates proposed GS 113A-110(h), which prohibited a county, city, or lead regional organization coastal management land use plans from being more stringent than the State guidelines for coastal areas adopted under GS 113A-107 with respect to piers, docks, and bulkheads. Also eliminates proposed companion provisions, GS 153A-324(c) (concerning counties) and GS 160A-365 (concerning cities).

Eliminates the proposed changes to GS 90-624, which exempted individuals practicing reflexology from massage therapy licensing requirements. Also eliminates proposed GS 90-622(5a), defining reflexology.

Modifies proposed GS 160A-386.6, which authorizes a city or county to establish a process to permit temporary event venues, to increase the cap established for the number of temporary events at permitted venues in a calendar year from 12 to 24. No longer requires 10 days' public notice and hearing prior to issuance or renewal of a temporary event venue permit. Makes conforming changes. 

Directs the Division of Child Development and Early Education and the Director of the NC Pre-K program to ensure that all entities operating NC Pre-K classrooms provide to the parent or guardian of each child participating in the NC Pre-K program a list of all public and private school options in the county in which the child resides. 

Part II. Agriculture, Energy, Environment, and Natural Resources Regulation

Amends Section 13.2 of SL 2018-5, which requires up to $2 million of the funds credited to the Inactive Hazardous Sites Cleanup Fund under GS 105-187.63 for assessment and remediation of pre-1983 landfills to instead be used by the Division of Waste Management (Division) to provide a matching grant to Charlotte Motor Speedway LLC (CMS) for the purpose of remediation activities at the CMS. Modifies the matching requirements to now match $1 for every non-State dollar provided (was, $1 for every two non-State dollars provided), up to $2 million.

Part III. Miscellaneous Regulatory Reform Provisions

Adds identical authorizations for licensed dealers to obtain a limited registration plate on behalf of a person purchasing a vehicle, notwithstanding obligations owed, to GS 20-54(6), (10), (11), (12), and (13), which prohibit the DMV from issuing vehicle registration or titles, or transfer registration for: (1) vehicles not in compliance with vehicle inspection requirements or unpaid outstanding related penalties; (2) owners with outstanding tolls, fees, or penalties assessed by the NC Turnpike Authority; (3) owners with outstanding fines or penalties resulting from failure to stop for a school bus; (4) owners with outstanding fees or penalties resulting from a lapse in financial responsibility for the operation of the vehicle; and (5) owners with outstanding fees or penalties resulting from violations of vehicle size, weight, construction, and equipment restrictions. 

Amends GS 20-79.1A, concerning criteria for the issuance of a limited registration plate. Adds a new requirement for a dealer to notify the purchaser of any outstanding civil penalties, fees, tolls, and obligations owed before the dealer applies for a title to a motor vehicle and a registration plate for the vehicle. 

Amends GS 163A-1115, concerning voting system certification requirements, to require that the performance bond or letter of credit required of existing subdivision (a)(1) must be posted by the vendor prior to certification by the State Board of Elections.

Modifies the proposed changes to GS 20-183.4C to more specifically authorize a dealer to sell, without a safety inspection, a used vehicle issued a salvage certificate of title in accordance with GS Chapter 20 if no alterations or repairs have been made to the vehicle after issuance of the salvage certificate of title and after the sale of the vehicle, and the dealer discloses in writing that no safety inspection has been performed by the dealer (previously, did not specify a safety inspection; did not also prohibit alterations; did not prohibit alterations or repairs after the sale).

Amends GS 18B-1006(a)(7) to allow the sale of malt beverages, unfortified wine, or fortified wine at any stadiums owned by a community college with a permanently constructed seating capacity of 2,000 or more, leased to a for-profit corporation registered in the State, that limits sales to events not sponsored or funded by the community college or the National Junior College Athletic Association. Applies to permits issued or active on or after April 9, 2019.

Requires the Division of Motor Vehicles (Division), in consultation with the Department of Insurance and interested parties, to conduct a study on salvage vehicle titles for the purpose of protecting consumers from purchasing flood-damaged vehicles with concealed damage. The study is to address the economic impact to consumers of any changes in the law recommended by the Division and consider any other issues deemed relevant to the title and registration of salvage vehicles. Requires the Division to report its findings and recommendations to the specified NCGA committees and division by March 1, 2020.

Directs the Environmental Review Commission (Commission) to study the State's recycling requirements for discarded computer equipment and televisions. Specifies five considerations the Department must address, including the changing waste stream and opportunities for more efficient and effective recycling streams. Requires the Commission to report to the NCGA 2021 Regular Session upon its convening. 

Makes conforming organizational changes.