Senate committee substitute deletes all the provisions of the 1st edition and replaces them as follows.
Reauthorizes special registration license plates that were authorized under GS 20-79.4 and expired on July 1, 2013, as a matter of law under GS 20-79.8 (the sponsoring organizations for each plate failed to obtain the minimum number of paid applications for each plate). Also reenacts any other relevant provisions under GS 20-79.7(a1) and (b) and GS 20-81.12. Provides that any special registration reenacted under this section is subject to the requirements of GS 20-63(b1) if the plate is to be on a background other that a "First in Flight" background. Provides that the reauthorization for special registration plates under this section expires as a matter of law on October 1, 2014, if the required number of applications for the plate has not been received by the Division of Motor vehicles (DMV) by that date.
Amends GS 20-63(b1) to add four special registration plates to the list of plates that do not have to be on a "First in Flight" background and are authorized to be on a full-color background.
Enacts new GS 20-79.3A (effective October 1, 2014) to codify the process for establishing or reauthorizing special license plates. Requires an applicant to obtain the minimum number of paid applications from potential purchasers of the special registration plate prior to submitting a Special Registration Plate Development Application (SRPDA) to the DMV. Provides that the minimum number of paid applications for a special registration plate on a standard background under GS 20-63(b) is 300 and on a background authorized under GS 20-63(b1) is 500.
Provides that an applicant must submit its completed application to the DMV by February 15 in order to be considered for approval during that year's legislative session. Specifies the content of the application. Directs the DMV to provide a report that identifies each applicant to the chairs of the House and Senate Transportation committees and Finance committees and the Research Division on or before March 15 annually.
Delineates the responsibilities of the applicant if the application is approved by the legislature. Directs the DMV to refund the fee submitted by the applicant if the legislature does not authorize the plate in the session in which authorization was sought.
Directs the DMV to issue an approved special registration plate within 180 days after receiving the applicant's design and the minimum number of paid applications.
Provides that regardless of the deadlines established in proposed GS 20-79.3A, for the 2015 Regular Session of the 2015 General Assembly, the DMV is to accept SRPDAs through April 1, 2015, and report the list of qualified applicants to the General Assembly by May 1. 2015.
Directs the DMV to develop by October 1, 2014, an application form that an applicant for a special registration plate can provide to potential purchasers of a proposed special registration plate. Requires that form must state that the applicant, and not the DMV, is responsible for collecting the fees and refunding the fees to potential purchasers if the General Assembly does not approve the request for the plate. Directs the DMV to make this form and an explanation of the special registration plate application process available on the DMV's website.
Additionally directs the DMV to develop a SRPDA form for use by an applicant seeking to establish or reauthorize a special registration plate. Specifies the information that the form must require the applicant to provide. Directs the DMV to develop this form by February 1, 2015 and make it available on the DMV's website. Requires that the DMV make the necessary program changes by February 1, 2015, to be able to accept SRPDAs as required under this act.
Provides that the expiration date in GS 20-79.8 is for plates authorized between July 1, 2011, and October 1, 2014. Provides that an authorization made on or after October 1, 2014, expires if the applicant does not submit all the required items within 60 days of enactment of that authorization. Requires notification of expired special registration plates to the Revisor of Statutes by August 1 (was, July 15) of each year.
Directs the Revenue Laws Study Committee to examine further modifications to special registration plate and permanent registration plate policies, DMV administrative costs, and issues related to permanent registration plates. Requires the Committee to report its findings, along with any recommended legislation, to the 2015 Regular Session of the General Assembly upon its convening.
Except as otherwise provided, this act is effective when it becomes law.
The Daily Bulletin: 2014-07-16
Printer-friendly: Click to view
The Daily Bulletin: 2014-07-16
| Intro. by Martin, Howard, Moffitt, Setzer. | GS 20 |
Senate amendments make the following changes to the 2nd edition.
Amendment #1 enacts new Article 3D, Automatic License Plate Reader System, in GS Chapter 20. Requires any state or local law enforcement agency using an automatic license plate reader system to adopt a written policy governing the use of the system before the system is operational. Specifies eight issues that must be addressed by the policy, including data retention, sharing of data with other law enforcement agencies, and internal data security and access. Prohibits preserving data obtained by an automatic license plate reader system for more than 120 days unless there is a written, articulable, and recorded basis that the data has intelligence or investigatory value or may become evidence in a specific criminal action. Makes data obtained by an automatic license plate reader system confidential and not public record. Allows disclosure to federal, state, or local law enforcement agencies for a legitimate law enforcement or public safety purpose pursuant to a written request. Effective December 1, 2014. Makes conforming changes to the act's title.
Amendment #2 amends proposed GS 136-18 as follows. Defines public utility to mean: a public utility, as defined in GS 62-3(23); an electric membership corporation; telephone membership corporation; a joint municipal power agency; or a city or county engaged in producing, generating, transmitting, delivering, or furnishing electricity for private or public use. Provides that the Department of Transportation's (Department) agreements with governmental entities may be for the use of an encroachment upon the right-of-way of any road designated as part of the state highway system for the installation and use of aboveground public safety technology (previously did not have to be aboveground). Adds that agreements must meet the following requirements: (1) not unreasonably interfere with the use of such right-of-way by a public utility with facilities already located within the right-of-way, (2) use must immediately be terminated and any public safety technology and related equipment removed upon an affected public utility's request, and (3) any entity installing such public safety technology must comply with the provision of GS Chapter 87 Article 8A (Underground Utility Safety and Damage Prevention Act). Adds to the Department's powers approving requests by governmental entities to use land or rights-of-way owned by the Department that are encumbered by utility easements for the installation and use of aboveground public safety technology, provided that (1) the use is temporary; (2) all public safety technology is completely aboveground, easily moveable, and contains no combustible fuel; (3) the use does not unreasonably interfere with the operation and maintenance of the utility facility or cause it to fail to comply with all applicable laws, codes, and regulations; (4) the use is immediately terminated and any public safety technology and related equipment removed upon an affected public utility's request; and (5) any entity installing such public safety technology must comply with the provision of GS Chapter 87, Article 8A (Underground Utility Safety and Damage Prevention Act). Adds that nothing in the new subdivision relieves any entity of the obligation to comply with GS Chapter 87, Article 8A. Deletes provision allowing the Department to approve agreements between utilities and public entities for the use and encroachment upon utility easements previously granted by the Department for the purposes of installing public safety technology.
Amendment #3 makes a technical change.
Senate committee substitute makes the following changes to the 3rd edition:
Changes the short and long titles.
Amends GS 15A-145.5 to disallow the expunction of felonies involving methamphetamines or heroin (previous edition provided for the expunction of such felonies). Also provides that expunction is not allowed for felony breaking and entering offenses found in GS 14-54(a), 14-54(a1), and 14-56 or for any offense that is an attempt to commit an offense included in the list provided in GS 15A-145.5(a). Provides that the above becomes effective December 1, 2014, applying to petitions filed on or after that date, but petitions filed prior to that date are not abated by this act.
Amends proposed language in GS 15A-1341(a4) to clarify that when the terms and conditions of a conditional discharge, granted pursuant to GS 15A-1341, are fulfilled, any plea or finding of guilty previously entered by the court must be withdrawn (previously, language only stated that the court must discharge the person and dismiss proceedings).
Directs the Human Trafficking Commission to consult with the North Carolina Coalition Against Sexual Assault; Prevent Child Abuse North Carolina; the National Association of Social Workers, North Carolina Chapter; and two representatives of the local child advocacy agencies in conducting their study on the prevention of sexual abuse of children.
Amends GS 14-258.1 to provide that knowingly giving or selling a mobile phone or other wireless communications device or component thereof to an inmate in custody of the Division of Adult Correction or in a local confinement facility is a Class H felony (was, Class 1 misdemeanor). Also enacts new GS 14-258.1(f) providing that an inmate in custody of the Division of Adult Correction or a local confinement facility that is found to be in possession of a mobile telephone or similar wireless device or component is guilty of a Class H felony. Effective December 1, 2014.
Amends GS 14-16.6 to provide that any person who assaults another person as retaliation against any legislative officer, executive officer, or court officer because of that officer's duties will be guilty of a felony and will be punished as a Class I felon. Effective December 1, 2014.
Amends GS 14-16.7, providing that those who knowingly and willfully make a threat to inflict serious bodily injury or threat to kill another person as retaliation against a legislative officer, executive officer, or court officer because of that officer's duties will be punished as a Class I felon. Also provides that knowingly and willfully depositing in the mail a threat to inflict serious bodily injury or threat to kill a legislative officer, executive officer, or court officer or another person in retaliation for those officers' duties will be punished as a Class I felon. Effective December 1, 2014.
Enacts new GS 14-415.10(4c) to add and define the term qualified retired correctional officer. Amends GS 14-415.12A to provide that qualified retired correctional officers are deemed to have satisfied the requirement of completing an approved firearms safety and training course.
Enacts new GS 15A-1225.3 in Article 73 of GS Chapter 15A. Defines the following terms as they apply to this section: (1) criminal proceeding, any trial or hearing in a prosecution of a person charged with violating a criminal law of North Carolina and any hearing or proceeding under Subchapter II of GS Chapter 7B involving a juvenile alleged to have committed an offense that would be a criminal offense if committed by an adult and (2) remote testimony, a method by which a forensic analyst testifies outside the physical presence of the party or parties and from a location other than the location where the hearing or trial is being conducted.
Subsection (b) of new GS 15A-1225.3 provides criteria that must be met in order for remote testimony to be permitted in any criminal proceeding regarding the results of forensic testing admissible under GS 8-58.20. Requires that all of the following occur in order for remote testimony to be permitted: (1) the State must provide a copy of the forensics testing report to the attorney of record, or to the defendant if there is no attorney of record, as required by GS 8-85.20(d); (2) the State must notify the attorney of record, or the defendant if the person has no attorney, at least 15 business days before the proceeding at which the evidence is to be used of its intent to introduce the forensic evidence using remote testimony; and (3) the defendant’s attorney of record, or the defendant if that person has no attorney, fails to file a written objection to the introduction of remote testimony with the court with a copy to the state at least five business days before the proceeding at which the testimony is to be presented. Requires that the method for the remote testimony authorized under this section allow all parties and the trier of fact to observe the demeanor of the analyst as the analyst testifies. Requires the court to ensure that the defendant’s attorney, or the defendant if that person has no attorney, has a full and fair opportunity to examine and cross-examine the analyst. Specifies that nothing in this section infringes on any party’s right to call any witness. Makes conforming changes to GS 20-139.1. Effective September 1, 2014, applying to testimony admitted on or after that date.
Amends GS 14-269.2 to authorize detention officers employed by and authorized by the sheriff to carry firearms on educational property when acting in the discharge of their official duties. Effective December 1, 2014, applying to offenses committed on or after that date.
Amends GS 14-316 to provide that in Anson, Cleveland, Harnett, Stanly, and Surry counties air rifles, air pistols, and BB guns are not included in the definition of dangerous firearms. Effective December 1, 2014, applying to offenses committed on or after that date.
Amends GS 1A-1, Rule 4(h1), to provide that plaintiffs in summary ejectment proceedings can complete service of process by using a person at least 21 years old, who is not a party to the action, and who is not related to a party or the person to be served, when the service has been returned by a law enforcement officer as unexecuted. Effective October 1, 2014.
Amends GS 15A-145.5(f) concerning expunctions of certain misdemeanors and felonies, providing that fingerprints must be removed from the fingerprint database when the conviction for which the fingerprints were taken is expunged (previously, did not require fingerprint records to be removed upon expunction).
Amends GS 14-269(c) to provide that any person violating the prohibition on carrying a concealed pistol or gun found in GS 14-269(a1) will be guilty of a Class A1 misdemeanor for the first offense and a Class H felony for a second or subsequent offense (was, a Class 2 misdemeanor for the first offense and Class I felony for a second or subsequent offense). Adds that violations of (a1) punishable under GS 14-415.21(a), concerning those who have a valid permit but do not have it in their possession, are not punishable under GS 14-269. Effective December 1, 2014.
Deletes the section which limited workers' compensation for those non lawfully employed in the United States.
The conference report states that the House concurs in the Senate Committee Substitute.
| Intro. by Hastings. | GS 127A |
Senate committee substitute makes the following changes to the 1st edition:
Changes the short and long titles.
Enacts new GS Chapter 105, Article 43A, County Sales and Use Tax for Public Education, providing that the purpose of the Article is to give the counties of NC an opportunity to obtain an additional source of revenue to meet certain needs. Allows counties to use the revenue source to finance local public transportation systems under Article 43 or public education needs under Article 43A.
Authorizes counties to levy a local sales and use tax at a rate up to 1/2% if approved by the voters in a referendum. Requires the tax to be set in increments of 1/4% and must be at a rate that results in a total local sales and use tax rate in the county of 2 1/2%. Sets out additional procedures and requirements for administration of the tax.
Provides that the proceeds from the tax are not shared with the municipalities in the county. Also sets out three purposes that the tax can be used for including (1) for public school capital outlay purposes or to retire county indebtedness for these purposes, (2) for salaries of classroom teachers and teacher assistants, and teacher salary supplements, and (3) financial support of community colleges, including funds to supplement State financial support of community colleges.
Amends GS 115C-429(b), concerning school boards budgets and allocations, authorizing a board of county commissioners to direct the amount of funds to be used for salaries of classroom teachers, salaries of classroom teacher assistants, and supplements of classroom teacher salaries. Sets out standards by which a teacher is considered an employee of a local board of education.
Amends GS 115C-433(b) to provide that a board of education would need approval from the board of county commissioners before decreasing the funds that are allocated by the board of county commissioners for salaries and salary supplements.
Amends GS 115D-55(a) and GS 115D-58(b), concerning community colleges, to allow the tax-levying authority to direct the use of tax proceeds as well as requiring a board of trustees to obtain approval from the local tax-levying authority before decreasing the funds that are directed by the tax-levying authority.
Amends GS 105-506, concerning the Local Government Public Transportation Sales Tax Act, allowing all counties to levy the public transportation tax, once approved by referendum, to fund local public transportation systems. Provides that this tax cannot be levied at the same time that the tax in GS 105, Article 43A is levied. Provides that the tax under Article 43 must set in increments of 1/4% and must be at a rate that results in a total local sales and use tax rate in the county of 2 1/2%. Provides additional provisions regarding caps for local sales and use tax rates, depending on the tax rates in a specific county.
Amends GS 105-507.1, 105-507.2, 105-509, 105-509.1, 105-510, 105-510.1, 105-511.2, and 105-511.3, all concerning the levy of the sales and use tax, making conforming changes.
Amends GS 105-537 to provide that a tax levied under GS Chapter 105, Article 46 (1/4 cent county sales and use tax) must be approved in a referendum. Also enacts new GS 105-537(e) providing that a board of county commissioners can not direct the county board of elections to conduct an advisory referendum on the question of whether to levy a local sales and use tax in the county as provided in Article 46, on or after August 1, 2014. Provides exceptions to the prohibition, allowing counties to direct the county board of elections to conduct an advisory referendum if (1) the county has already directed the county board of elections to conduct the advisory referendum on a ballot in a general election to be held in 2014 and (2) the total rate of local sales and use tax in the county is less than 2 1/2%.
Amends GS 143B-437.012, concerning the Job Maintenance and Capital Development Fund, altering an eligibility condition for a grant for a large manufacturer, providing that if the large manufacturer is investing in its manufacturing process by enhancing pollution controls or transitioning the manufacturing process from using coal to using natural gas for the purpose of becoming more energy efficient or reducing emissions it may be eligible for a grant if other specific conditions are met.
Amends GS Chapter 143B, Article 10 Part 2G to provide for the creation of the Job Catalyst Fund(Fund). Amends GS 143B-437.51, adding and defining the term "full-time worker". Enacts new GS 143B-437.67, Job Catalyst Fund, a special, non-reverting account in the Department of Commerce that provides funds to local governmental units for certain projects that result in the creation of jobs. Directs the Secretary of Commerce to adopt guideline for the administration of the program. Specifies 10 provisions that must be included in the guidelines including, that the project be for a business that agrees, for the greater of 10 years or the term of the grant plus five years, to create and maintain 500, 800, or 1,200 full-time jobs depending on the corresponding development tier, and that the funds are used to acquire or improve land or infrastructure, for facility development, or for capital investment and used for manufacturing projects.
Includes a forfeiture and recapture provision which, when a project fails to timely create and maintain the required new jobs, level of investment, or to meet other requirements, requires local governments to provide a means for recapture from the business/project an amount equal to the amount disbursed from the Fund and to reimburse the Fund that amount.
Requires businesses receiving grants to maintain records available for inspection by the Secretary of Commerce. Also requires the Department of Commerce to report annually, on or before April 30 of each year on the Fund. The report must be submitted to House of Representatives Finance Committee, the Senate Finance Committee, the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, the Senate Appropriations Committee on Natural and Economic Resources and the Fiscal Research Division. Sets out nine items of information that must be in the report including, an update on the status of projects under grants awarded before the preceding calendar year and the number and development tier area of new worker positions to be created by projects with respect to which grants have been awarded.
Provides that the Secretary of Commerce must publish on the Department's website proposed guidelines for the Fund at least 20 days before the effective date and allow oral and written public comment during the 15 business days beginning on the first day the notice requirement has been completed. Provides in GS 150B-1 that the Secretary is exempt from rulemaking requirements of the APA for the purpose of creating guidelines and the administration of the Fund.
Makes conforming and organizational changes necessary for the creation and implementation of the Job Catalyst Fund.
Amends Section 15.19(a1) of SL 2013-360 to provide that the Job Development Investment Grant Program, for the 2013-15 fiscal biennium, has a total liability for grants awarded of $36.5 million (was, $22.5 million).
Amends GS 143B-437.52 adjusting one of the conditions for qualifying for a grant from the Job Development Investment Grant Program, providing that if the total costs of a project to the State outweigh the benefits as a result of an award from the Fund then the award from the Fund can be disregarded in determining whether a grant is appropriate for the project (previously, required the total benefits of the project to the State outweigh its costs and render the grant appropriate for the project).
Adjourns the 2013 session of the General Assembly, sine die, on Friday, July 25, 2014.
| Intro. by T. Moore. | JOINT RES |
The Daily Bulletin: 2014-07-16
The conference report amends the 4th edition to make a technical change. Also changes the effective date of the change to GS 143-318.11(a)(4) to when the act becomes law (was, October 1, 2014).
Appoints Reverend Dr. Pierre J. Crawford to the African-American Heritage Commission, effective October 1, 2014, for a term expiring on September 30, 2017.
| Intro. by Apodaca. | UNCODIFIED |
The Daily Bulletin: 2014-07-16
The Daily Bulletin: 2014-07-16
Actions on Bills: 2014-07-16
H 101: SPECIAL LICENSE PLATE DEVELOPMENT PROCESS.
H 348: PUBLIC SAFETY TECHNOLOGY/STATE ROW.
H 369: CRIMINAL LAW CHANGES.
H 644: PREVENT HAZARDOUS DRUG EXPOSURE.
H 1033: SPECIAL ASSESSMENT/DAM REPAIR.
H 1048: AG SELECTION CRITERIA/NCNG AMENDMENTS (NEW).
H 1145: REGISTRATION FOR MOPEDS.
H 1224: LOCAL SALES TAX OPTIONS/ECON. DEVPT. CHANGES (NEW).
H 1276: ADJOURNMENT (NEW).
S 105: ADD TOWNS TO SHP.
S 376: MONTGOMERY CO. EMPLOYEES IN STATE HEALTH PLAN.
S 614: MILITARY LANDS PROTECTION ACT.
S 794: DISAPPROVE INDUSTRIAL COMMISSION RULES.
S 812: REPLACE CCSS W/NC'S HIGHER ACADEM. STANDARDS (NEW).
S 853: BUSINESS COURT MODERNIZATION.
S 884: 2014 APPOINTMENTS BILL (NEW).
Actions on Bills: 2014-07-16
H 375: INCREASE ALLOWED SIZE OF PASSENGER BUSES.
H 1096: UNION COUNTY/CONTRACTED AMBULANCE SERVICE.
H 1114: ELK PARK/DEED TRANSFERRING PROPERTY.
H 1120: 2 CO. COMM./DURHAM TECH. BD.
H 1154: MOORE CO. SCHOOLS TRANSFER OF PROPERTY.
H 1155: PINEHURST ANNEXATION.
H 1212: BURLINGTON CHARTER/REVISION AND CONSOLIDATION.
H 1245: PLEASANT GARDEN ANNEX/WATHA DEANNEX (NEW).
S 859: CITIES/REGULATION OF VACATION RENTALS.
© 2025 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.