The Daily Bulletin: 2015-05-12

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The Daily Bulletin: 2015-05-12

PUBLIC/HOUSE BILLS
H 82 (2015-2016) EXECUTION/NONSECURE CUSTODY ORDER/CHILD ABUSE. Filed Feb 11 2015, AN ACT CLARIFYING THE MANNER IN WHICH A LAW ENFORCEMENT OFFICER MAY TAKE CUSTODY OF A JUVENILE WHEN EXECUTING A NONSECURE CUSTODY ORDER UNDER THE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY.

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

Deletes proposed language in GS 7B-504 that provided that a court can authorize a law enforcement officer to forcibly enter private property at any hour if required by exigent circumstances if the officer has reason to believe the juvenile is being abused at the time the officer is executing a nonsecure custody order. Now provides that a court can authorize a law enforcement officer to forcibly enter private property at any hour if required by exigent circumstances. 

Intro. by Stevens, Glazier, Jordan.GS 7B
H 182 (2015-2016) PROPERTY INSURANCE FAIRNESS. Filed Mar 10 2015, AN ACT TO INCREASE THE FAIRNESS AND EQUITY OF PROPERTY INSURANCE RATE MAKING IN NORTH CAROLINA BY REQUIRING THAT CERTAIN PROPERTY INSURANCE DATA BE MADE AVAILABLE TO THE PUBLIC; BY PROVIDING THE NORTH CAROLINA INSURANCE UNDERWRITING ASSOCIATION THE AUTHORITY TO HAVE ISSUED TAX-EXEMPT BONDS TO COVER LOSS-RELATED LIABILITIES; BY REFORMING CONSENT TO RATE PRACTICES; BY REQUIRING THAT CATASTROPHE MODELING USED FOR PROPERTY RATE-MAKING PURPOSES MORE ACCURATELY REFLECT POTENTIAL IMPACTS IN NORTH CAROLINA; AND BY CREATING THE JOINT LEGISLATIVE STUDY COMMITTEE ON PROPERTY INSURANCE RATE MAKING.

House amendment makes the following changes to the 3rd edition.

Makes a technical changes, correcting the stated number of members of the Joint Legislative Study Committee on Property Insurance Rate Making to 16, reflecting already listed committee membership. 

Intro. by Millis, Lewis, Hager.STUDY, GS 56, GS 58, GS 120, GS 159
H 293 (2015-2016) ADOPTION LAW CHANGES. Filed Mar 18 2015, AN ACT TO MAKE VARIOUS CHANGES UNDER THE LAWS PERTAINING TO ADOPTION.

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

Amends GS 48-2-206(d) to provide that when the father notifies the court that he believes his consent to the adoption is required and the petitioner makes a motion for the court to determine whether consent is required, the hearing must be set for a date no earlier than 60 days and no later than 70 days after the father received the notice (was, no earlier than 60 days after the father received the notice). 

Intro. by Stevens.GS 48
H 533 (2015-2016) MODIFY PUV EXCEPTIONS TO DISQUALIFICATION. Filed Apr 1 2015, AN ACT TO MODIFY WHEN THE LIEN FOR DEFERRED TAXES ON LAND ELIGIBLE FOR PRESENT‑USE VALUE CLASSIFICATION IS EXTINGUISHED IN ORDER TO PROMOTE SALES FOR LAND CONSERVATION USES AND TO ALLOW A TAXPAYER TO CONTEST A DENIAL OF A CLAIM FOR REFUND WHICH THE DEPARTMENT OF REVENUE DETERMINES TO BE OUTSIDE THE STATUTE OF LIMITATIONS.

House committee substitute to the 1st edition makes a clarifying change in GS 105-277.4(f).

Intro. by McGrady, Setzer, Jordan, Harrison.GS 105
H 602 (2015-2016) STUDY TO EVAL TEACHER PREP PROGRAMS. Filed Apr 6 2015, AN ACT TO APPROPRIATE FUNDS FOR A PILOT PROGRAM TO RECRUIT UNDERGRADUATE STUDENTS TO THE COLLEGE OF EDUCATION AT APPALACHIAN STATE UNIVERSITY AND TO APPROPRIATE FUNDS FOR THE FRIDAY INSTITUTE TO STUDY TEACHER RECRUITMENT AND PREPARATION PROGRAMS.

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

Amends the short and long titles.

Amends language to provide that the appropriated funds are to be used by Appalachian State University to fund a personnel position that will implement a pilot program to recruit undergraduate students (previously stated that position was to recruit community college students only) to the College of Education and to provide counseling and advising services to those students. 

Adds new language appropriating $235,000 for fiscal year 2015-16 and $470,000 for fiscal year 2016-17 from the General Fund to the Board of Governors of the University of North Carolina for the Friday Institute for Educational Innovation (Friday Institute) to conduct a three-year evaluation of six teacher recruitment and training programs that meet certain criteria as specified. Sets out 12 outcomes that must be measured as part of the study, including program completion rates and hiring locations for program completers. 

Requires the Friday Institute to make annual interim reports to the Joint Legislative Education Oversight Committee on the progress of the study beginning on December 1, 2016, and continuing until the final report is submitted on December 1, 2018. 

Provides that appropriated funds for the 2015-17 fiscal biennium for the Friday Institute do not revert and remain available for the specified expenditures through the end of the 2017-18 fiscal year, at which time any unexpended and unencumbered balance will revert. 

Intro. by Elmore, Jordan.APPROP
H 759 (2015-2016) RETIREMENT SYSTEM COLAS. Filed Apr 14 2015, AN ACT TO PROVIDE COST-OF-LIVING INCREASES FOR MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, AND THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM.

House committee substitute make the following changes to the 1st edition.

Deletes the proposed cost-of-living increase for members of the Local Governmental Employees' Retirement System. Decreases the amount of the increase for members of the Teachers' and State Employees', Legislative, and Judicial retirement systems from 2% to 1%. 

Makes conforming changes to the act's long title. 

Intro. by L. Bell.GS 120, GS 135

The Daily Bulletin: 2015-05-12

PUBLIC/SENATE BILLS
S 90 (2015-2016) REQUIRED NUMBER OF OPERATING BRAKE LIGHTS. Filed Feb 18 2015, AN ACT TO CLARIFY THAT MOTOR VEHICLES MUST HAVE AT LEAST ONE WORKING STOP LAMP ON EACH SIDE OF THE REAR OF THE VEHICLE AND TO MAKE OTHER CLARIFYING CHANGES.

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

Amends the effective date to provide that the act becomes effective October 1, 2015, and applies to offenses committed on or after that date (previously, was effective when the act becomes law). 

Intro. by Cook.GS 20
S 513 (2015-2016) NORTH CAROLINA FARM ACT OF 2015. Filed Mar 25 2015, AN ACT TO PROVIDE REGULATORY RELIEF TO THE AGRICULTURAL COMMUNITY OF NORTH CAROLINA BY PROVIDING FOR VARIOUS TRANSPORTATION AND ENVIRONMENTAL REFORMS AND BY MAKING VARIOUS OTHER STATUTORY CHANGES.

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

Amends the long title. 

Amends the section concerning oversize vehicle permits pursuant to 19A NCAC 02D .0607, making technical and clarifying changes. 

Deletes proposed changes made to GS 20-119(g) concerning the permitting of overwidth vehicles carrying baled hay. Amends GS 20-116 to provide that the DOT must issue annual overwidth permits for vehicles, no wider than 12 feet, carrying baled hay from place to place on the same farm, from one farm to another, or from farm to market or vice versa. Provides that vehicles that exceed 10 feet in width must (1) be operated during daylight hours only and (2) must display a red flag or flashing warning lights on both the rear and front end of the vehicle as specified. 

Amends GS 20-146 concerning the operation of vehicles on the right side of highways, adding subsection (a1) that provides that self-propelled grain combines or other self-propelled farm equipment must be operated to the right of center line except as provided for in GS 20-116(j)(4).

Amends the definition of an agricultural spreader vehicle found in GS 20-51, providing that it is a vehicle designed for off-highway use to spread feed, fertilizer, seed, lime, or other agricultural products (previously, off-highway vehicle used to spread fertilizer, seed, lime, or other agricultural products on a field). Adds language exempting all-terrain vehicles or utility vehicles from registration and titling requirements when used for agricultural purposes.

Amends GS 20-118(c)(12) concerning specified road weight limitation exceptions for vehicles,  providing that the limitations as specified do not apply to certain vehicles that transport within 150 miles of the point of origination agriculture, dairy, and crop products from a farm to a processing plant or market (was, agriculture and crop products) or feed or feed ingredients (was, feed only) from a storage or holding facility to a farm or mill. Also provides that the exception for vehicles carrying water, fertilizer, pesticides, seeds, fuel, or animal waste from a farm does not require that the above items be transported in a farm vehicle defined as specified. Effective July 1, 2015.

Amends proposed GS Chapter 63, Article 11, Marking and Notice of Meteorological Towers, making technical changes and providing that the required database containing location information about meteorological towers must be established and maintained by January 1, 2017 (was, January 1, 2016) and be made available on the Department of Transportation's website. Deletes provision which exempted towers constructed prior to the effective date of the Article. Amends the definition of height in GS 63-110.

Amends GS 105-277.2, concerning definitions for agriculture, horticulture, and forestland, deleting language from the definition for individually owned which provided for a rebuttal of the presumption that a principal business of an applicant is farming agricultural land, horticultural land, or forestland. Instead allows the presumption to be rebutted but provides that it has no bearing on the determination of whether the land meets one of the classes. If the presumption is rebutted, it does not invalidate the determination that the principal business is the specified type of land in the other county.

Amends the effective date for the proposed changes to in Section 11 of the bill concerning present use value modifications, making a clarifying change and providing that except as specified the remainder of Section 11 (amending GS 103-277.4) is effective when it becomes law. 

Amends the catchline of proposed GS 121-39A, concerning the termination of a conservation agreement to Termination or substantial modification of agreements (was, Termination of agreements). 

Amends GS 106-737.1, Revocation of conservation agreement, providing that a conservation agreement between private parties can be revoked by written notice to the county and adds a provisions providing that conservation agreements where at least one party is a public body of NC can be revoked in accordance with the procedure set forth in GS 121-39A.

Amends GS 106-743.2, concerning conservation agreements for farmland, adding a provision providing that a notice of termination of a conservation agreement pursuant to this section will not trigger the procedure set forth in GS 121-39A.

Amends GS 106-744 concerning agricultural conservation easements, deleting language which provided an exception to the perpetual duration of an agricultural conservation easement after at least 20 years. 

Amends the effective date for Section 12 of the bill, providing that proposed GS 121-39A(c) is effective July 1, 2015, applying to conservation agreements executed on or after that date, with the remainder of the section becoming effective July 1, 2015, applying to agreements in effect on that date and executed on or after that date. 

Amends GS 106-549.97 concerning regulations regarding farmed cervids, making clarifying changes. Also provide that the Department of Agriculture and Consumer Services can issue new captivity licenses or permits for farmed cervid facilities only if Chronic Wasting Disease-susceptible source animals are from a certified herd from an existing licensed facility. Adds that until the USDA has adopted an approved method of testing for Chronic Wasting Disease in living cervids, no cervids susceptible to Chronic Wasting Disease can be imported into North Carolina.

Deletes Section 13 (concerning the enforcement of certain air quality standards) and Section 15(a) (concerning modifications to the burning act) from the bill.

Amends GS 106-950 concerning fires that are exempt from open fire regulations, providing that the regulations do not apply and no air quality permit can be required under specified conditions. Adds to the exemptions the burning of polyethylene agricultural plastic used in connection with specified agricultural operations when conducted as quickly as possible and in a way that minimizes total emissions. 

Amends Section 21 of SL 2013-413 no longer requiring that the term new animal waste management include a system serving a feedlot that has been abandoned or unused for a period of four years or more and is then put back into service. Requires the Environmental Management Commission to revise its permanent rule on Swine Waste Management System Performance Standards so that it applies to any farm that received a permit for its animal waste management system that allows a level of production at the farm greater than the largest production for which the farm has received a permit in the past and so that they also apply to any other animal waste management system otherwise subject to regulation under GS 143-215.10I. Sets out eight conditions providing that when all the conditions are met the facility is exempt from the Swine Waste Management System Performance Standards, including that the system depopulated after January 1, 2005, and ceased operation no longer than 10 years prior to the current date and that the system was in compliance with individual or general permits issued under GS 143-215.10C prior to the time the system ceased operation. 

Enacts new GS 143-215.10U, Use of animal waste for energy production; nuisance, providing that animal waste management systems can be certified as an energy-producing animal operation if it meets four specified criteria including that it is an animal operation or dry litter poultry facility subject to a permit under GS 143-215.10C for the operation of an animal waste management system and that it is a renewable energy facility that generates energy through the use of swine or poultry waste as specified. Exempts certified energy-producing animal operations from being considered a nuisance in regards to the odor. Effective December 1, 2015. Directs the Environmental Management Commission (EMC) to adopt rules for the establishment of a certification program to implement the statute. Requires the EMC to revise their rules to prohibit determining an odor to be objectionable from a certified energy-producing animal operation.

Amends GS 74-49 concerning the definition of mining in regards to agricultural activities, making technical and organizational changes. Also add, for the purposes of this Article, that mining means the excavation or grading when solely conducted for activities on agricultural land that are exempt from the requirements of GS Chapter 113A, Article 4. 

Amends GS 68-20 concerning the holding and advertising period for unclaimed livestock, impounded for running at large, providing that if the owner does not redeem the livestock within the timeframe specified, then the impounder must notify the sheriff's office and the sheriff must then post a notice and description of the livestock, stating the place, date, and hour of sale on the sheriff's department website. After 10 days from that posting, the impounder must sell the livestock at public auction.  If the owner of livestock remains unknown, then three days after the publication of the notice required by GS 68-18.1, the impounder must notify the sheriff's office and the sheriff must then post a notice and description of the livestock, stating the place, date, and hour of sale on the sheriff's department website. After 10 days from such posting the impounder must sell the livestock at public auction.

Amends GS 106-968, concerning prescribed burning making clarifying changes.

Amends GS 18B-902(d) concerning ABC permits, establishing a farm winery permit for $150 and a farm winery on-premises unfortified wine permit for $100. Amends GS 18B-1001, adding and defining the Farm winery on-premises unfortified wine permit to the list of current of allowable ABC permits. Amends GS 18B-1100, concerning commercial permits, adding the farm winery permit to the list of commercial permits. Enacts GS 18B-1103A, Authorization of farm winery permit, providing that wineries that produce at least 75% of their wine from honey, grapes, or other fruit or grain grown in NC can obtain a farm winery permit. Includes provisions which allow the Commissioner of Agriculture to authorize the manufacturing of wine produced from grapes grown outside of NC in certain specified circumstances. Sets out a list of 10 authorized acts that a holder of a farm winery permit is permitted to do. Amends GS 18B-1112, Authorization of vendor representative permit; 18B-1114.1, Authorization of winery special event permit; and 18B-1201, definitions for the Article concerning wine distribution agreements, making conforming changes adding the farm winery permit to those provisions. Effective July 1, 2016. 

Directs the Department of Agriculture and Consumer Services to study ways to promote NC farm wineries, with a report on its findings to be submitted to the Agriculture and Forestry Awareness Study Commission no later than February 1, 2016. Effective when the bill becomes law. 

Amends GS 106-24.1 making clarifying changes to provide that the Department of Agriculture and Consumer Services cannot disclose USDA-generated information received that is confidential under federal law (previously stated that all information received pursuant to the specified provisions must be held in confidence by the Department). 

Intro. by Brock, B. Jackson.GS 14, GS 18B, GS 19A, GS 20, GS 63, GS 68, GS 74, GS 105, GS 106, GS 113, GS 121, GS 143

The Daily Bulletin: 2015-05-12

LOCAL/HOUSE BILLS
H 393 (2015-2016) TRI-COUNTY CC/BD. OF TRUSTEES. Filed Mar 30 2015, AN ACT TO CHANGE THE MANNER OF SELECTION OF MEMBERS OF THE TRI-COUNTY COMMUNITY COLLEGE BOARD OF TRUSTEES.

 

AN ACT TO CHANGE THE MANNER OF SELECTION OF MEMBERS OF THE TRI-COUNTY COMMUNITY COLLEGE BOARD OF TRUSTEES. Enacted May 11, 2015. Effective May 11, 2015.

Intro. by West.Cherokee, Clay, Graham

The Daily Bulletin: 2015-05-12

ACTIONS ON BILLS

Actions on Bills: 2015-05-12

PUBLIC BILLS

H 71: CLARIFY COUNTY COMM OATH FILING.

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 79: CONTEMPT FOR 50C/ SCOPE OF STAY FOR APPEALS.

    Senate: Reptd Fav

H 82: EXECUTION/NONSECURE CUSTODY ORDER/CHILD ABUSE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 100: LOCAL GOVERNMENT IMMIGRATION COMPLIANCE (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary II
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary II

H 102: UTILITY VEHICLES/LAW ENFORCEMENT.

    Senate: Regular Message Sent To House
    House: Regular Message Received For Concurrence in S Com Sub

H 158: JIM FULGHUM TEEN SKIN CANCER PREVENTION ACT.

    Senate: Reptd Fav

H 182: PROPERTY INSURANCE FAIRNESS.

    House: Amend Adopted A1
    House: Passed 2nd Reading

H 183: REPEAL MAP ACT.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Transportation

H 195: ALLOW SUBSTITUTION OF BIOSIMILARS.

    Senate: Reptd Fav

H 232: STUDY/UPDATE BICYCLE SAFETY LAWS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Transportation

H 289: NC MONEY TRANSMITTERS ACT.-AB

    House: Reconsidered 3rd Reading
    House: Added to Calendar
    House: Passed 3rd Reading

H 292: BEACH BINGO LICENSES.-AB

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)

H 293: ADOPTION LAW CHANGES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 295: JUVENILE MEDIA RELEASE.-AB

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary I

H 315: SHERIFF & LANDLORD/TENANT-WRITS OF POSS. CHG.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary II

H 327: EMS PERSONNEL TECHNICAL CHANGES. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Health Care
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Health Care
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Health Care

H 346: COUNTIES/PUBLIC TRUST AREAS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On State and Local Government

H 352: STANDARD OF PROOF/PUBLIC SAFETY DISPATCHERS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary II

H 358: SCHOOL PERFORMANCE GRADE SCALE.

    Pres. To Gov. 5/12/2015

H 405: PROPERTY PROTECTION ACT.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Commerce

H 430: COUNTY OMNIBUS LEGISLATION.

    House: Withdrawn From Cal
    House: Ordered Engrossed
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 437: CREATE PERMIT EXEMPTIONS/HOME RENAL PRODUCTS.

    Senate: Reptd Fav

H 533: MODIFY PUV EXCEPTIONS TO DISQUALIFICATION.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)

H 562: AMEND FIREARM LAWS.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 565: THREATEN LEO OR CORRECTIONAL OFFICER.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Rules and Operations of the Senate

H 597: MEDIATED SETTLEMENT AGREEMENTS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 05/14/2015

H 602: STUDY TO EVAL TEACHER PREP PROGRAMS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations

H 759: RETIREMENT SYSTEM COLAS.

    House: Reptd Fav Com Substitute
    House: Serial Referral To Appropriations Stricken
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 812: GRANT RECIPIENTS POSTED ON GRANTOR WEB SITE.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Information Technology

H 844: STEM TEACHER FORGIVABLE LOAN PROGRAM.

    House: Reptd Fav
    House: Re-ref Com On Appropriations

H 910: ALLOW OVERNIGHT RESPITE/ADULT DAY FACILITIES.

    House: Reptd Fav
    House: Re-ref Com On Appropriations

H 942: CONFIRM STATE CONTROLLER.

    House: Placed On Cal For 05/13/2015

S 90: REQUIRED NUMBER OF OPERATING BRAKE LIGHTS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)

S 116: HANDICAPPED PARKING WINDSHIELD PLACARD.

    House: Serial Referral To Finance Stricken
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)

S 123: UNIFORM FRAUDULENT TRANSFER ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)

S 195: MOTOR VEHICLE SERVICE AGREEMENT AMENDMENTS.

    House: Reptd Fav
    House: Re-ref Com On Commerce and Job Development

S 301: DOT/PURCHASE OF CONTAMINATED LAND.-AB

    House: Reptd Fav
    House: Re-ref Com On Judiciary I

S 445: BURT'S LAW.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 478: IN-STATE TUITION FOR CERTAIN VETS/FED PROG.

    House: Withdrawn From Com
    House: Re-ref Com On Education - Universities

S 513: NORTH CAROLINA FARM ACT OF 2015.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Transportation

S 714: HONORING DUKE'S NCAA CHAMPIONSHIP.

    Senate: Filed

Actions on Bills: 2015-05-12

LOCAL BILLS

H 65: WILKES FOX TRAPPING.

    Senate: Regular Message Sent To House
    House: Regular Message Received For Concurrence in S Com Sub

H 73: CARY ANNEXATION.

    Senate: Reptd Fav
    Senate: Re-ref Com On Finance

H 204: CASWELL BEACH/QUICK TAKE EMINENT DOMAIN.

    Senate: Reptd Fav

H 243: LOCAL MOD: ECONOMIC DEVELOPMENT COMMISSIONS.

    Senate: Reptd Fav

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