The Daily Bulletin: 2015-05-14

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The Daily Bulletin: 2015-05-14

PUBLIC/HOUSE BILLS
H 237 (2015-2016) REPEAL PERSONAL ED PLANS/MODIFY TRANS PLANS. (NEW) Filed Mar 16 2015, AN ACT TO REPEAL PERSONAL EDUCATION PLANS AND MODIFY TRANSITION PLANS.

Senate amendment makes the following changes to the 4th edition:

Amends GS 115C-105.41(b) to provide that local boards of education are required to adopt policies that direct school improvement teams to develop plans to include successful transition between elementary and middle school years and between the middle school and high school years for students at risk (previously, required the adoption and implementation of rules that direct school improvement teams to develop transition plans for students at risk). 

Intro. by Elmore, Holloway.GS 115C
H 595 (2015-2016) MILITARY EXPERIENCE/LEO CERT. REQUIREMENTS. Filed Apr 2 2015, AN ACT TO RECOGNIZE EXPERIENCE AS MILITARY POLICE OFFICERS FOR PURPOSES OF LAW ENFORCEMENT CERTIFICATION AND TO INCREASE THE SIZE OF THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION.

Senate committee substitute makes the following changes to the 2nd edition.

Amends proposed GS 17C-10.1 to require applicants for law enforcement certification who are or were military police officers to also complete, during the one-year probation period, 24 hours of training in the service of civil process.

Intro. by Whitmire, McNeill, Cleveland, G. Martin.GS 17C

The Daily Bulletin: 2015-05-14

PUBLIC/SENATE BILLS
S 160 (2015-2016) OFFICIAL STATE VETERANS DAY PARADE. (NEW) Filed Mar 3 2015, AN ACT ADOPTING THE VETERANS DAY PARADE HELD IN THE TOWN OF WARSAW AS THE OFFICIAL STATE VETERANS DAY PARADE.

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

Amends GS 143-215.73F, concerning the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund (Fund), adding language that provides that the Secretary of Environment and Natural Resources (Secretary) can only waive or modify the non-state cost share requirement for dredging projects that represent an opportunity to supplement or leverage United States Army Corps of Engineers funding that would be lost if a cost-share was required. Further provides that the Secretary can only waive or modify the non-state cost-share up to an amount not to exceed $500,000 per project.

Amends the purposes for which the Shallow Draft Fund is to be reserved, providing that $750,000 must be reserved to reimburse the Department of Administration for its costs associated with the implementation of SL 2014-100, Section 14.7(g) (previously, required $1 million to be reserved). Also provides that Section 14.7(g) is repealed after actions required by Sections 14.7(a) through (f) are completed and directs the Department of Administration to use the submitted report pursuant to Section 14.7(h) for specified future prioritizing needs concerning transportation corridors on the Outer Banks. Also provides that $250,000 must be reserved for use by the Department of Environment and Natural Resources (DENR) to update the Beach and Inlet Management Plan as specified, with a report due to the Environmental Review Commission by December 1, 2016, regarding the updated plan. 

Amends new GS 143-215.73G which establishes the Deep Draft Navigation Channel Dredging and Maintenance Fund, deleting provisions which allowed the Secretary to waive or modify the non-State cost-share for dredging projects or federally authorized studies of deep draft access to state ports as specified. Makes conforming deletions.

Amends language concerning negotiations by the Department of Administration to make an agreement to acquire the federally owned property necessary for managing deep draft navigation channels providing access to state port facilities at Morehead City with the federal government, adding a provision that requires the NC Ports Authority and the Department of Transportation to be included in the planning and carrying out of the negotiations, with ultimate approval authority resting with the Secretary of the Department of Administration. 

Deletes Section 5.1 of the bill, concerning the adjusting of the boundary for Zeke's Island as specified by the Coastal Resources Commission. 

Makes clarifying changes to provisions that prescribe tasks to be done by DENR to accomplish the removal of navigational obstructions and reestablish the natural ecosystem at the mouth of the Cape Fear River, providing that the tasks prescribed must be completed in accordance with GS Chapter 143, Article 8, as specified. Also provides that DENR must request approval from the National Oceanic and Atmospheric Administration (NOAA) to adjust the boundary for Zeke's Island as specified. Adds provisions, provided that the NOAA grants approval, providing for the adoption and implementation of administrative rules by the Coastal Resources Commission to provide for the adjustment, as approved by NOAA. 

Amends GS 150B-1(e) to exempt the specified waiver or modification of non-state cost-share requirements by the Secretary from the contested case provisions of GS Chapter 150B.

Enacts new GS 75A-5.3, Coastal Waterways User Identification Number required, setting out requirements for specified vessels to be numbered with a Coastal Waterways User Identification Number issued by the Wildlife Resources Commission (WRC). Establishes a fee calculation/formula for identification number registration. Provides that funds collected will be credited on a quarterly basis to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund. Sets out provisions concerning renewal of the identification number, vessel change of ownership, duration of validity, and display requirements. Establishes a penalty for failure to obtain and display an identification number consisting of an infraction and a fine equal to the amount of the fee. Directs the WRC to adopt rules to implement the above provisions, effective when the act becomes law. Amends GS 75A-5.2, Vessel agents, providing that vessel agents will receive a surcharge amount of $3.50 per Coastal Waterways User Identification Number issued, renewed, or duplicated. Unless otherwise specified above, provisions are effective January 1, 2016.

Directs the WRC to disseminate information about the Coastal Waterways User Identification Number system to the public. Also allows the WRC to retain $250,000 from the funds to be transferred to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund for the 2014-15 fiscal year for implementation of the Coastal Waterways User Identification Number provisions. Effective when the act becomes law.

Directs the Coastal Resources Commission to amend its rule for temporary erosion control structures to provide for four specified activities, including the placement of temporary erosion control structures on a property that is experiencing coastal erosion. Requires the Coastal Resources Commission to adopt temporary rules to implement the above no later than December 31, 2015.

Amends SL 1985-449, as amended, adding a new subsection that provides that Dare County can use up to $3 million of the specified authorized occupancy taxes per fiscal year for maintenance of waterways found in the county, effective July 1, 2016, for net proceeds collected on or after that date.  Provides that the new section is repealed for fiscal years beginning on or after July 1, 2021. 

Enacts GS 136-45.1, which provides that the Oregon Inlet is considered a transportation corridor for the purposes of GS Chapter 136.

Repeals Section 1 of SL 2013-182, which provided that the provisions of the session law concerning the ability of a county to prohibit the abandonment of vessels in navigable waters apply only to Brunswick and Dare counties. 

Amends GS 153A-132 to allow counties by ordinance to prohibit the abandonment of vessels in navigable waters within the county's ordinance-making jurisdiction. Applies the statute to abandoned vessels (which are defined in the statute) in the same manner as it applies to abandoned or junked motor vehicles. Provides that shipwrecks, vessels, cargoes, tackle, and other underwater archaeological remains that have been in place for more than 10 years are not considered abandoned vessels and may not be removed under the statute without approval of the Department of Cultural Resources. Provides that these provisions apply only to counties set out in GS 113A-103(2), which includes a list of counties designated as coastal area counties. 

Makes conforming changes to the effective date clause. 

Intro. by Lee, Brown, Cook.GS 75A, GS 136, GS 143, GS 143C, GS 150B, GS 153A
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 2nd edition.

Makes the changes to GS 105-163.3(b) (provides exemptions to the withholding requirement) effective January 1, 2015 (was, July 1, 2015).

Amends GS 20-171.22 to permit a person to operate all-terrain vehicles and utility vehicles on a public road while engaged in farming operations (was, amended GS 20-51 to provide an exemption from registration for all-terrain vehicles or utility vehicles when used for agricultural purposes).

Adds a new section requiring the Division of Marine Fisheries and the Wildlife Resources Commission to develop a pilot American Eel Aquaculture Plan for the harvest and aquaculture of American eels. Sets out four conditions that must be included in the pilot, including allowing for a maximum harvest of 200 pounds of the glass eel stage and submitting the pilot for approval by the Atlantic States Marine Fisheries Commission (Commission). Requires every effort to be made to have the pilot approved by the Commission to be implemented during 2016. Requires persons interested in participating in the pilto to submit required information by July 1, 2015.

Amends GS 18B-1103A, as enacted in this act, to provide that an authorized farm winery, with an appropriate permit under GS 18B-1001, may sell the wine it manufactures at no more than three (was, six) other locations in the state for on-premises or off-premises consumption.

Amends GS 106-24.1 to provide that all information generated by any federal agency (was, USDA-generated information) that is confidential is to be held confidential by the Department of Agriculture and its employees.

Deletes all of Section 16, enacting new GS 143-215.10U, which provided that no certified energy-producing animal operation was to become a private or public nuisance for odor in or about the locality outside of the operation.

Intro. by Brock, B. Jackson.STUDY, GS 14, GS 18B, GS 19A, GS 20, GS 63, GS 68, GS 74, GS 105, GS 106, GS 113, GS 121, GS 143
S 715 (2015-2016) JOINT SESSION TO HONOR DUKE BASKETBALL TEAM. Filed May 14 2015, A JOINT RESOLUTION PROVIDING THAT THE GENERAL ASSEMBLY SHALL MEET IN JOINT SESSION TO HONOR THE DUKE UNIVERSITY MEN'S BASKETBALL TEAM FOR WINNING THE 2015 NCAA CHAMPIONSHIP.

As title indicates; schedules the joint session for Tuesday, May 19, 2015, at 2:00 pm.

Intro. by Apodaca.JOINT RES

The Daily Bulletin: 2015-05-14

The Daily Bulletin: 2015-05-14

ACTIONS ON BILLS

Actions on Bills: 2015-05-14

PUBLIC BILLS

H 71: CLARIFY COUNTY COMM OATH FILING.

    Pres. To Gov. 5/14/2015

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

    Ratified

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

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

H 91: STUDY MISUSE OF HANDICAPPED PARKING PLACARDS (NEW).

    Signed by Gov. 5/14/2015
    Ch. SL 2015-16

H 102: UTILITY VEHICLES/LAW ENFORCEMENT.

    Ratified

H 158: JIM FULGHUM TEEN SKIN CANCER PREVENTION ACT.

    Ratified

H 182: PROPERTY INSURANCE FAIRNESS.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Insurance

H 195: ALLOW SUBSTITUTION OF BIOSIMILARS.

    Ratified

H 237: REPEAL PERSONAL ED PLANS/MODIFY TRANS PLANS. (NEW)

    Senate: Amend Failed A1
    Senate: Amend Adopted A2
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

H 292: BEACH BINGO LICENSES.-AB

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 293: ADOPTION LAW CHANGES.

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

H 303: DISPUTE RESOLUTION AMENDMENTS.

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

H 308: CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN.

    Senate: Sequential Referral To Health Care Added
    Senate: Sequential Referral To Health Care Added

H 358: SCHOOL PERFORMANCE GRADE SCALE.

    Signed by Gov. 5/14/2015
    Ch. SL 2015-17

H 405: PROPERTY PROTECTION ACT.

    Senate: Reptd Fav

H 434: HANDICAP PLACARD/MED. RECERTIFICATION.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 437: CREATE PERMIT EXEMPTIONS/HOME RENAL PRODUCTS.

    Ratified

H 533: MODIFY PUV EXCEPTIONS TO DISQUALIFICATION.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 595: MILITARY EXPERIENCE/LEO CERT. REQUIREMENTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 597: MEDIATED SETTLEMENT AGREEMENTS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 05/20/2015

H 601: SALE OF DEER SKINS.

    Signed by Gov. 5/14/2015
    Ch. SL 2015-18

H 659: CONTROLLED SUBSTANCES/UPDATE PRECURSOR LIST.

    Senate: Reptd Fav

H 706: BUILDING CODE/RUSTIC CABINS.

    Signed by Gov. 5/14/2015
    Ch. SL 2015-19

H 878: EXPAND BD. OF TRUSTEES/SCH. OF SCIENCE & MATH.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 879: JUVENILE CODE REFORM.

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

H 942: CONFIRM STATE CONTROLLER.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Select Committee on Nominations

S 90: REQUIRED NUMBER OF OPERATING BRAKE LIGHTS.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 05/18/2015

S 116: HANDICAPPED PARKING WINDSHIELD PLACARD.

    Ratified

S 123: UNIFORM FRAUDULENT TRANSFER ACT.

    Ratified

S 160: OFFICIAL STATE VETERANS DAY PARADE. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 445: BURT'S LAW.

    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled

S 513: NORTH CAROLINA FARM ACT OF 2015.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 715: JOINT SESSION TO HONOR DUKE BASKETBALL TEAM.

    Senate: Filed
    Senate: Passed 1st Reading
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Cal Pursuant 32
    House: Placed On Cal For 05/18/2015

Actions on Bills: 2015-05-14

LOCAL BILLS

H 65: WILKES FOX TRAPPING.

    Ratified
    Ch. SL 2015-13

H 110: CHEROKEE/RUTHERFORD/CLAY BDS. OF ED. ELECTIONS. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Reconsidered 3rd Reading
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 05/18/2015

H 130: DAVIE COUNTY/FOOD FOR DETENTION FACILITIES.

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

H 204: CASWELL BEACH/QUICK TAKE EMINENT DOMAIN.

    Ratified
    Ch. SL 2015-14

H 243: LOCAL MOD: ECONOMIC DEVELOPMENT COMMISSIONS.

    Ratified
    Ch. SL 2015-15

H 307: ZEBULON CHARTER/USE OF CERTAIN FEES.

    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance

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