The Daily Bulletin: 2015-07-15

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The Daily Bulletin: 2015-07-15

PUBLIC/HOUSE BILLS
H 186 (2015-2016) CAPE FEAR WATER RESOURCES AVAILABILITY STUDY. Filed Mar 10 2015, AN ACT TO REQUIRE THE ENVIRONMENTAL REVIEW COMMISSION TO CONDUCT A STUDY OF WATER RESOURCES AVAILABILITY IN THE CAPE FEAR RIVER BASIN AND TO PERMIT THE RULES REVIEW COMMISSION TO RETAIN PRIVATE COUNSEL UNDER CERTAIN CIRCUMSTANCES.

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

Deletes the requirement that the study findings be included in the Cape Fear River Basin Plan. Makes clarifying changes.

Intro. by Catlin, Szoka, Glazier.STUDY
H 264 (2015-2016) COMMUNITY COLLEGES 403(B) PLAN.-AB Filed Mar 17 2015, AN ACT TO ALLOW COMMUNITY COLLEGES TO PARTICIPATE IN THE 403(B) SUPPLEMENTAL RETIREMENT PLAN.

Senate committee substitute to the 1st edition clarifies that the term employer means the local boards of trustees.

Intro. by McNeill.GS 115D
H 276 (2015-2016) AGENCY PARTICIPATION PROCEDURES ACT OF 2015. (NEW) Filed Mar 18 2015, AN ACT TO ENACT THE AGENCY PARTICIPATION PROCEDURES ACT OF 2015.

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

Amends GS 135-5.3 to clarify that the Board of Trustees must notify a charter school in writing no less than 90 days before revoking the school's provisional entry in the Teachers' and State Employees' Retirement System.

Adds a new section amending GS 135-4(jj) (applicable to the Retirement System for Teachers and State Employees) and GS 128-26(y) (applicable to the Retirement System for Counties, Cities and Towns), concerning the contribution-based benefit cap purchase provision, to allow an employer of a member who became a member before January 1, 2015, or who has not earned at least five years of membership service in the retirement system after that date to pay the lump sum amount on an installment payment plan. Sets out additional requirements for the payments.

Makes additional clarifying changes.

Changes the act's effective date to make Sections 5 (amending GS 128-21), 6 (amending GS 128-26(a)), and 7 (amending GS 135-4(jj) and GS 128-26(y)) of the act effective when the act becomes law (was, January 1, 2016).

Intro. by S. Ross, Gill, Goodman, McNeill.GS 115C, GS 120, GS 128, GS 135
H 390 (2015-2016) BEAUFORT CO. CC/WASHINGTON CO. Filed Mar 30 2015, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE EXPANSION OF THE BOARD OF TRUSTEES OF BEAUFORT COUNTY COMMUNITY COLLEGE; TO PROVIDE THAT BEAUFORT COUNTY COMMUNITY COLLEGE SHALL SERVE ALL OF WASHINGTON COUNTY; AND TO DIRECT THE STATE BOARD OF COMMUNITY COLLEGES TO REVIEW SERVICE AREAS THAT INCLUDE MULTIPLE COMMUNITY COLLEGES FOR ONE COUNTY.

Senate committee substitute makes the following changes.

Changes the effective date of Section 2 of the act (which requires the State Board of Community Colleges to designate all of Washington County in the service area of Beaufort County Community College) from July 1, 2015, to August 1, 2015, and adds that the Section applies to enrollments for the 2015 fall academic semester and beyond.

Intro. by Tine.Beaufort, Washington, GS 115D
H 512 (2015-2016) AMEND/CLARIFY BACK-UP PSAP REQUIREMENTS. Filed Apr 1 2015, AN ACT TO ALLOW TIME EXTENSIONS FOR IMPLEMENTATION OF BACK-UP PSAP REQUIREMENTS, TO DEFINE UNIFORM STANDARDS FOR BACK-UP PSAPS, AND TO DEVELOP A MASTER PURCHASING LIST FOR 911 SYSTEM ELIGIBLE EXPENSES.

Senate amendments make the following changes to the 2nd edition.

Amendment #1 deletes language which provided that the agreement or contract between the county and city for the cost sharing of 911 dispatch services remains effective until it is terminated by the parties. 

Amendment #2 amends the long title and the requirements to be met by PSAPs in order to receive a distribution under GS 62A-46 to provide that PSAPs that have made substantial progress toward the implementation of a plan and means for 911 call-taking, if 911 calls cannot be processed at the primary PSAP, can be granted an extension until July 1, 2017, by the 911 Board to complete implementation (previously, required PSAPs, by July 1, 2016, to have a plan and means for such 911 call-taking or tohave made substantial progress toward implementation of the plan and means for such calls). Changes the effective date of Section 3 of the act, enacting GS 153A-457, to September 1, 2015 (was, July 1, 2015). 

Intro. by S. Martin, Steinburg, Saine, B. Brown.GS 62A, GS 153A

The Daily Bulletin: 2015-07-15

PUBLIC/SENATE BILLS
S 182 (2015-2016) AUTOMATIC LICENSE PLATE READERS. Filed Mar 4 2015, AN ACT TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS.

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

Amends proposed GS 20-183.23, Regulation of use, making a technical change and adding a provision stating that data obtained by law enforcement agencies, pursuant to this section or GS 20-183.24, Preservation and disclosure of records, can only be obtained, accessed, preserved, or disclosed for law enforcement or criminal justice purposes. 

Deletes all of the provisions of proposed GS 20-183.24, Preservation and disclosure of records, and replaces it with the following. Provides that captured plate data obtained by an automatic license plate reader system, whether or not the system is operated by a law enforcement agency, cannot be preserved for more than 90 days after it is captured. Sets out exemptions to the 90-day limit on preservation, allowing preservation after 90 days when (1) a preservation request as specified is made; (2) a search warrant is issued pursuant to GS Chapter 15A, Article 11; or (3) a federal search warrant is issued in compliance with the Federal Rules of Criminal Procedure. Sets out requirements for law enforcement agencies making preservation requests, requiring the requesting agency to specify in a written, sworn statement the following: (1) the location of the camera(s) for which data is to be preserved and the specific license plate, (2) date(s) and time frames of the captured data that is to be preserved, (3) specific and articulable facts demonstrating reasonable grounds that the captured data is relevant and material to an ongoing criminal or missing persons investigation or is needed as proof of a violation of a motor carrier safety regulation, and (4) the case and identity of the parties involved in that case.  Provides that after one year from the date of the initial preservation request, the captured plate data must be destroyed according to the custodian's record or retention policy, unless another preservation request is received within that time period. Requires agencies to update the systems as often as specified. Provides that captured data is considered to be confidential and not a public record. Data can only be disclosed to federal, state, or local law enforcement agencies for legitimate law enforcement or public safety purposes. 

Intro. by McKissick, Barefoot, Daniel.GS 20
S 192 (2015-2016) CITATIONS/SHERIFFS ACCEPT FAXES. Filed Mar 5 2015, AN ACT TO ALLOW DOMESTIC VIOLENCE PROTECTIVE ORDERS, CIVIL NO-CONTACT ORDERS, AND INVOLUNTARY COMMITMENT ORDERS TO BE TRANSMITTED BY ELECTRONIC AND FACSIMILE TRANSMISSION, TO AMEND LAWS REGARDING TRANSPORTATION OF PERSONS BEING INVOLUNTARILY COMMITTED, AND TO REQUIRE THE ADMINISTRATIVE OFFICER OF THE COURTS TO RECEIVE INPUT ON CLARIFYING LANGUAGE USED IN CITATIONS AND MAKE CHANGES AS APPROPRIATE.

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

Deletes all of the provisions of the previous edition and replaces it with the following. 

Amends GS 50B-3(c) and GS 50C-9(b) to require law enforcement agencies to accept copies of domestic violence protective and civil no-contact orders, issued by a clerk of court, by electronic or facsimile transmission for service on defendants.

Directs the Administrative Officer of the Courts, within 60 days of this act becoming law, to solicit input from clerks of court concerning the use of the term "costs" rather than "court costs" on motor vehicle law citation forms, with changes to be made as appropriate. Effective when the act becomes law, but not requiring the replacement of citation forms until new forms are otherwise needed. 

Amends GS 122C-251 to require a city or county to provide, to the extent feasible (was, required), transportation of a respondent in involuntary commitment proceedings by a driver or attendant who is the same sex as the respondent unless certain specified circumstances exist.

Enacts new GS 122C-210.3 to allow a custody order entered by the clerk or magistrate under GS Chapter 122C (the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985) to be delivered to the law enforcement officer by electronic or facsimile transmission.

Amends the long title.

Intro. by Cook.GS 50B, GS 50C, GS 122C
S 345 (2015-2016) LIMIT STORAGE DURATION FOR DAMAGED VEHICLE (NEW). Filed Mar 19 2015, AN ACT TO LIMIT THE AMOUNT OF TIME A MOTOR VEHICLE CAN BE IMPOUNDED AFTER A COLLISION.

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

Amends the effective date of the act to be August 1, 2015 (was, July 1, 2015). 

 

Intro. by Meredith.GS 20
S 509 (2015-2016) PUBLIC AUTHORITY/WEIGHT & PERM. PLATES. Filed Mar 25 2015, AN ACT TO EXEMPT CERTAIN PUBLIC AUTHORITIES FROM THE LIGHT-TRAFFIC ROAD LIMITATIONS ESTABLISHED BY THE DEPARTMENT OF TRANSPORTATION AND TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE PERMANENT REGISTRATION PLATES FOR MOTOR VEHICLES OWNED AND OPERATED BY CERTAIN PUBLIC AUTHORITIES AND ANY RADIO EMERGENCY ASSOCIATED COMMUNICATIONS TEAM THAT PROVIDES ITS SERVICES PURSUANT TO A CONTRACT WITH A COUNTY OR MUNICIPALITY.

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

Amends GS 20-84(b) to provide that the Department of Motor Vehicles can issue permanent registration plates for motor vehicles that are owned by incorporated Radio Emergency Associated Communications Teams (REACT), which provide their services by contract to a county or municipality. 

Amends the act's title.

Intro. by Lee.GS 20
S 679 (2015-2016) NC CONSUMER FINANCE ACT AMENDMENTS. Filed Mar 26 2015, AN ACT TO PROVIDE FOR THE RECOVERY OF COURT COSTS AND RELATED COSTS UPON VOLUNTARY DISMISSAL AT THE REQUEST OF A BORROWER OF AN ACTION TO RECOVER PAYMENTS DUE UNDER A LOAN GRANTED UNDER THE NORTH CAROLINA CONSUMER FINANCE ACT OR UPON REDUCTION OF A LOAN MADE UNDER THE ACT TO JUDGMENT; TO CLARIFY THE MULTIPLE LOAN LIMITATIONS UNDER THE ACT; TO CLARIFY THE STATUTE RELATED TO WHETHER OR NOT BORROWERS ARE MEMBERS OF THE MILITARY PRIOR TO MAKING LOANS UNDER THE ACT; AND TO MAKE TECHNICAL AND CONFORMING CHANGES TO THE ACT.

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

Amends proposed GS 53-177(e) clarifying the ability of a lender to recover court costs and other fees incurred if the borrower, and the lender agrees, requests a voluntary dismissal of an action to recover a loan or if the loan, requiring the lender to obtain in writing from the borrower an acknowledgment that the borrower will be liable for statutory court costs and other reasonable and bonafide costs incurred in bringing the action. Deletes language that provided the process for such costs recovery if the loan is reduced to a judgment. Provides that magistrates, judges, and arbitrators can still award filing fees and fees for service of process incurred by a lender while bringing the civil action if a judgment is awarded, expressly authorizing the recovery of such costs and fees when the judgment is entered against the borrower. 

Amends GS 53-180.1, Military service members limitation, making clarifying changes and amending the steps that the licensee can take that constitute reasonable precautions to prevent making loans in violation of the statute, providing that reasonable precaution can include obtaining a certificate from the Department of Defense Manpower Data Center (DMDC) that specifies that the prospective borrower is or is not a member of the armed forces (previously, only specified that a certificate from the Department of Defense would constitute reasonable precaution). Requires a computer screen copy of any failed request if the DMDC system is down. Also provides that verification of borrower's income will be considered reasonable precaution. Makes technical changes.

Changes the act's effective date to September 1, 2015 (was, July 1, 2015).

Intro. by Gunn, Newton, D. Davis.GS 53

The Daily Bulletin: 2015-07-15

LOCAL/HOUSE BILLS
H 312 (2015-2016) CERTAIN COUNTIES SHERIFF/FOOD PURCHASES. Filed Mar 19 2015, AN ACT TO ALLOW CERTAIN COUNTY SHERIFF'S OFFICES TO CONTRACT FOR THE PURCHASE OF FOOD AND FOOD SERVICES SUPPLIES FOR A COUNTY'S DETENTION FACILITY WITHOUT BEING SUBJECT TO THE REQUIREMENTS OF CERTAIN STATE PURCHASE AND CONTRACT LAWS.

Senate amendment makes the following changes to the 2nd edition.

Provides that the act applies to Lincoln County in addition to Cherokee, Haywood, Iredell, Madison, Orange, and Yancey counties. 

Intro. by Presnell.Cherokee, Haywood, Iredell, Lincoln, Madison, Orange, Yancey

The Daily Bulletin: 2015-07-15

ACTIONS ON BILLS

Actions on Bills: 2015-07-15

PUBLIC BILLS

H 6: AUTOCYCLE DEFINITION AND REGULATION.

    Senate: Reptd Fav

H 19: MODIFY DEFINITION OF FIREFIGHTER. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Education/Higher Education
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Education/Higher Education

H 39: LABOR/UP AMUSEMENT DEVICE PENALTIES.

    Ratified

H 59: CLARIFY REPORT ADMISSIBILITY.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/16/2015

H 186: CAPE FEAR WATER RESOURCES AVAILABILITY STUDY.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 201: ZONING CHANGES/CITIZEN INPUT.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 254: PROTECT NATIONAL GUARD REEMPLOYMENT RIGHTS.

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

H 264: COMMUNITY COLLEGES 403(B) PLAN.-AB

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 268: AMEND TRANSPORTATION LAWS.-AB

    House: Failed Concur In S Com Sub
    House: Conf Com Appointed

H 276: AGENCY PARTICIPATION PROCEDURES ACT OF 2015. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 277: RETIREMENT ADMIN. CHANGES ACT OF 2015.-AB

    Senate: Reptd Fav

H 341: CONTROLLED SUBSTANCES/NBOME & OTHER DRUGS.

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

H 350: RESTORE DRIVING PRIVILEGES/COMPETENCY.

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

H 371: TERROR CLAIMS/DAMAGES/LIABILITY FOR SUPPORT.

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

H 376: CIV PRO/MODERNIZE EXPERT DISCOVERY.

    Ratified

H 390: BEAUFORT CO. CC/WASHINGTON CO.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 512: AMEND/CLARIFY BACK-UP PSAP REQUIREMENTS.

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

H 544: COUNTY SIGN ORDINANCE IN CITIES.

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

H 561: SCHOOL SYSTEM AUTH. RE: LEGAL PROCEEDINGS.

    Senate: Reptd Fav

H 651: APPRAISAL BD. RECORDKEEPING & BKGRD. CHECKS.

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

H 709: NCNG TUITION ASSISTANCE BENEFIT AMENDMENT.

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Appropriations/Base Budget

H 730: Next Generation 911

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

H 746: LME/MCO BOARD AMENDMENTS.

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

H 747: YOUTH ACCESS TO KRATOM/STUDY ABUSE OTC SUBS (NEW).

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

H 766: AMEND CBD OIL STATUTE.

    Ratified

H 797: ALARM REGISTRATION INFO NOT PUBLIC RECORD.

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

H 800: CLARIFY MOTOR VEHICLE DEALER LAWS.

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

H 924: HIGHWAY SAFETY/OTHER CHANGES.

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary I. If fav, re-ref to Transportation
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary I. If fav, re-ref to Transportation

S 22: HISTORIC ARTIFACT MGT. AND PATRIOTISM ACT.

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

S 182: AUTOMATIC LICENSE PLATE READERS.

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 192: CITATIONS/SHERIFFS ACCEPT FAXES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/21/2015

S 238: STALKING BY GPS/CRIMINAL OFFENSE.

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

S 330: CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS.

    House: Withdrawn From Com
    House: Re-ref Com On Regulatory Reform

S 345: LIMIT STORAGE DURATION FOR DAMAGED VEHICLE (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/21/2015

S 509: PUBLIC AUTHORITY/WEIGHT & PERM. PLATES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Finance

S 654: MAP ACT/CLARIFICATIONS.

    Ratified

S 668: AUTO INSURANCE/ALLOW OPTIONAL ENHANCEMENTS.

    House: Withdrawn From Com
    House: Re-ref Com On Insurance

S 678: AMEND DEBT COLLECTION STATUTES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/16/2015

S 679: NC CONSUMER FINANCE ACT AMENDMENTS.

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

Actions on Bills: 2015-07-15

LOCAL BILLS

H 58: ALAMANCE COUNTY SHERIFF/FOOD PURCHASES.

    Senate: Passed 2nd Reading

H 235: GODWIN/REPEAL SPIRITUOUS LIQUORS BAN.

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

H 236: CERTAIN COUNTIES/PURCHASING EXEMPTION.

    Senate: Passed 2nd Reading

H 312: CERTAIN COUNTIES SHERIFF/FOOD PURCHASES.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading

H 492: RUTHERFORD CTY/RUTHERFORD AIRPORT AUTHORITY.

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

S 252: REPEAL CLAY COUNTY WILDLIFE EXCLUSION (NEW).

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 07/16/2015

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