The Daily Bulletin: 2015-07-21

Printer-friendly: Click to view

The Daily Bulletin: 2015-07-21

PUBLIC/HOUSE BILLS
H 13 (2015-2016) AMEND SCHOOL HEALTH ASSESSMENT REQUIREMENT. Filed Jan 28 2015, AN ACT TO REQUIRE EACH CHILD PRESENTED FOR ADMISSION INTO THE PUBLIC SCHOOLS FOR THE FIRST TIME TO SUBMIT PROOF OF A HEALTH ASSESSMENT; TO REQUIRE THAT ABSENCES DUE TO THE FAILURE TO PRESENT THE HEALTH ASSESSMENT TRANSMITTAL FORM NOT RESULT IN SUSPENSIONS AND TO ALLOW STUDENTS TO MAKE UP THE WORK MISSED; TO SPECIFY WHAT INFORMATION SHALL BE INCLUDED ON THE HEALTH ASSESSMENT TRANSMITTAL FORM AND WHO IS AUTHORIZED TO HAVE ACCESS TO THE FORM; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF PUBLIC INSTRUCTION TO AMEND THE HEALTH ASSESSMENT TRANSMITTAL FORM AND TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES AND TO THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE.

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

Adds a new section requiring the Department of Health and Human Services and the Department of Public Instruction to develop a health assessment transmittal form and requires public schools and health care providers to use only this form. Requires a report to specified legislative committees on the form by December 1, 2015.

Amends GS 130A-440 to provide that a child cannot be suspended for absences accrued for failure to present the required health assessment transmittal form after the termination of 30 calendar days (was, 60 calendar days) and requires a child's official school record to note when the health assessment transmittal form was received. Makes conforming changes.

Deletes certain language allowing the health assessment to include dental screening and developmental screening for cognition, language, and motor function. 

Includes greater detail on the contents of the health assessment transmittal form used by the health care provider, parent, guardian, or person standing in loco parentis (and defines those parties) to submit health assessment results to the school principal. The transmittal form should include a statement that the form will be maintained on file in the school, the name of the school, basic demographic information about the student, a parent information section with space for the parent to share concerns about the student's health, student health information, instructions to attach the student's immunization record and certain other school health forms, and certain certifying information to be completed by the health care provider. 

Specifies that a student's official school record should reflect only whether the health assessment transmittal form was received (was, should permanently maintain the student's health assessment transmittal form). 

Redefines the category of persons entitled to access the health assessment transmittal form to include authorized North Carolina public school administrators, teachers, and other school personnel, as well as authorized employees of the Department of Health and Human Services, who require access to perform their assigned duties (was, authorized representatives of the Department of Health and Human Services and the Department of Public Instruction). 

Returns the time within which principals must submit health assessment status reports to 60 calendar days (was, 90 calendar days) after the commencement of a new school year. 

Makes certain clarifying changes.

Deletes proposed changes to GS 115C-402(b), which required the official record to include a health assessment transmittal form.

Amends the long title.  

Intro. by Torbett.GS 115C, GS 130A
H 20 (2015-2016) RURAL ACCESS TO HEALTH CARE ACT (NEW) Filed Jan 28 2015, AN ACT TO ENCOURAGE PARENT EDUCATION DURING WELL‑CHILD VISITS AT SPECIFIC AGE INTERVALS REGARDING TYPE I DIABETES; AMEND THE LAW PERTAINING TO PHARMACY BENEFIT MANAGERS; AMEND THE REQUIREMENTS FOR A MUNICIPALITY OR HOSPITAL AUTHORITY TO APPROVE THE SALE OR LEASE OF A PUBLIC HOSPITAL; PROVIDE FOR CERTAIN EXCEPTIONS UNDER THE CERTIFICATE OF NEED LAW; AND REPEAL NORTH CAROLINA'S CERTIFICATE OF PUBLIC ADVANTAGE LAWS.

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

Amends the short and long titles. 

Amends GS 58-2-70 to add pharmacy benefits manager to the list of individuals for which the civil penalties apply to for violations of the provisions of GS Chapter 58 (Insurance). More specifically allows the assessment of monetary penalties or restitution when the Commissioner of Insurance has reason to believe that a pharmacy benefits manager has failed to review and maintain its maximum allowable cost price list as specified and in comparison with the national marketplace for prescription drugs. Authorizes the Commissioner of Insurance to impose additional monetary penalties of up to $1,000 per prescription, for prescriptions found to have been improperly reimbursed as a result of noncompliance with the maximum allowable cost price list requirements. 

Makes conforming and technical changes. 

Above changes are effective when the act becomes law.

 

Intro. by C. Graham.GS 58, GS 130A
H 59 (2015-2016) CLARIFY REPORT ADMISSIBILITY. Filed Feb 5 2015, AN ACT TO CLARIFY THE ADMISSIBILITY OF REPORTS OF FORENSIC AND CHEMICAL ANALYSIS AND TO EXEMPT CERTAIN EX PARTE HEARINGS FROM REPORTING REQUIREMENTS.

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

Amends the long title.

Amends GS 7A-198(e) to provide that court reporting will not be provided in ex parte hearings before a judge pursuant to GS Chapter 50B or 50C. Makes technical changes. Applies to ex parte hearings conducted on or after the date that the act becomes law.

Intro. by Faircloth, Stam, Glazier.GS 7A, GS 8, GS 15A, GS 20, GS 90
H 185 (2015-2016) REPEAL DCR'S OBSOLETE COMMS & LANGUAGE.-AB Filed Mar 10 2015, AN ACT TO REPEAL COMMISSIONS WITHIN THE DEPARTMENT OF CULTURAL RESOURCES THAT HAVE SERVED THEIR PURPOSE AND TO REPEAL THE STATUTORY LANGUAGE RELATING TO THE USE OF ALKALINE PAPER FOR PUBLIC DOCUMENTS AND PREVIOUSLY REPEALED COMMISSIONS.

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

Specifies that for any lawful purpose, the Department of Cultural Resources is the successor in interest to the John Motley Morehead Commission.

Makes conforming changes to GS 143B-51 (functions of the Department of Cultural Resources), removing reference to the John Motley Morehead Memorial Commission.

Intro. by R. Brown, Cleveland, Floyd, Riddell.GS 125, GS 143, GS 143B
H 229 (2015-2016) CHURCH TAX EXEMPTION/DRIVING PRIVILEGES. (NEW) Filed Mar 12 2015, AN ACT TO MODIFY THE EXEMPTION FOR REAL PROPERTY USED FOR RELIGIOUS PURPOSES AND TO AUTHORIZE THE HOLDER OF A LIMITED DRIVING PRIVILEGE TO DRIVE TO AND FROM THE PERSON'S PLACE OF RELIGIOUS WORSHIP.

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

Amends GS 20-179.3, concerning the limited driving privilege, adding "religious worship" to the list of approved reasons for which individuals with a limited driving privilege can drive. Additionally, provides that individuals with additional restrictions on their driving privilege due to being a high-risk driver, as provided for in GS 20-179.3(c1), are allowed to drive to and from their place of religious worship. Provides that the allowed driving to and from an individual's place of religious worship is subject to the same limitation applicable to work-related driving in GS 20-179.3(g) and (g1). 

Makes technical changes. 

Effective October 1, 2015, applying to limited driving privileges issued on or after that date. 

Makes conforming changes to the short and long titles.

Intro. by McNeill, Shepard, Riddell, Pierce.GS 20, GS 105
H 284 (2015-2016) Civil Contempt/Jury Duty Filed Mar 18 2015, AN ACT TO CLARIFY THAT IMPOSITION OF A FINE IS NOT AN ALLOWABLE SANCTION FOR CIVIL CONTEMPT AND TO PERMIT EXCUSED JURY DUTY FOR STUDENTS ATTENDING POSTSECONDARY SCHOOLS OUT OF STATE.

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

Amends GS 9-6 concerning excusal from jury service, providing that prospective jurors that are taking classes or completing exams as full-time students enrolled at an out-of-state postsecondary institution must be excused from jury service upon request, which is to be supported by documentation of such enrollment status. Makes conforming changes.

Amends GS 9-6.1 concerning requests to be excused from jury duty, making conforming changes reflecting the ability of a full-time, out-of-state student to receive an excusal from jury duty and the procedure for making such a request. 

These changes are effective October 1, 2015, and apply to requests for excusal from jury duty service made on or after that date.

Makes conforming changes to the act's titles.

Intro. by Glazier, Stam.GS 5A, GS 9
H 308 (2015-2016) CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN. Filed Mar 18 2015, AN ACT TO AMEND THE LAWS PERTAINING TO THE MEDICAL SUPPORT AND HEALTH INSURANCE COVERAGE RELATING TO CHILD SUPPORT TO ALIGN STATE LAW WITH FEDERAL GUIDELINES THAT NO LONGER INCLUDE THE PROVISION THAT EMPLOYER-PROVIDED GROUP HEALTH INSURANCE IS AUTOMATICALLY CONSIDERED "REASONABLE" AND TO MODIFY THE LONG-TERM CARE OMBUDSMAN PROGRAM TO CONFORM WITH FEDERAL GUIDELINES.

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

Amends the act's short and long titles. 

Amends GS 50-13.11(a1) concerning orders and agreements regarding medical support and health insurance coverage for minor children, establishing that health insurance for the benefit of a child is considered reasonable in cost if the coverage is available at a cost to the parent that does not exceed 5% of the parent's gross income (previously, was considered reasonable in cost if it is employment-related or some other type of group health insurance and the coverage of the child is available to the parent at a cost that does not exceed 7% of the parent's gross income). Sets out how the actual cost of the coverage for the child should be calculated for purposes of the section.

Makes various changes to the Long-term Care Ombudsman Program found in GS Chapter 143B, Part 14D, adding and defining the following new terms for use in this part (1) programmatic supervision, (2) regional ombudsman, and (3) willful interference. Amends the definition of the term State Ombudsman. Adds four additional duties for the State Ombudsman, including designating certified regional ombudsmen as representatives of the State Ombudsman Office and providing leadership for statewide systems advocacy efforts of the Office of the State Ombudsman. Provides that the State Ombudsman has specified administrative supervision over Area Agencies and also is required to ensure that Area Agencies do not have personnel policies or practices that conflict with the laws and policies of the Ombudsman Program. Amends the duties of regional ombudsmen to require them to conduct systems advocacy activities on behalf of long-term care residents when authorized. Clarifies that the State and Regional Ombudsmen can enter long-term care facilities at any time during regular visiting hours or at any other time necessary for the purposes of investigating certain circumstances. Also allows them to have access to any resident as part of the investigation (previously, only reasonable access to residents was required). Provides that the Regional Ombudsman must notify the Adult Protection Services, with the written informed consent of the resident or authorization of the State Ombudsman, when allegations involve suspected abuse, neglect, or exploitation (previously, the State Ombudsman was required to do the same but there was no requirement that written informed consent of the resident was required). Provides for the State Ombudsman to assess monetary penalties in the amount of $2,500 per incident concerning instances of discrimination or retaliation against a resident due to good faith complaints submitted to the State or Regional Ombudsman. Makes conforming, clarifying, and technical changes. Effective July 1, 2016.  

Intro. by Stevens, Glazier, Davis.GS 50, GS 143B
H 397 (2015-2016) CLARIFY PROTECTIONS/EXPLOITATION OF ELDERS. Filed Mar 30 2015, AN ACT TO CLARIFY THAT UPON CONVICTION FOR EXPLOITATION OF AN OLDER ADULT OR DISABLED ADULT, ANY SEIZED ASSETS SHALL BE USED TO SATISFY THE DEFENDANT'S RESTITUTION OBLIGATION AS ORDERED BY THE COURT.

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

Amends GS 14-112.3, concerning assets involved in a violation of GS 14-112.2, exploitation of an older adult or disabled adult, adding an additional requirement that, for freeze or seizure of assets orders, a return of service must be filed with the clerk of superior court by the State or the law enforcement agency with the inventory of items seized. Also sets out requirements for listing certain assets depending on if they are financial assets or real property. Also makes clarifying changes to freeze or seizure order requirements concerning the location of an asset in multiple counties. Provides that alternative means of restitution can be accepted if the defendant can satisfy the restitution order within the period of time designated by the court (previously, allowed alternative means of restitution if the defendant could satisfy the order at the time the order is entered). Amends the procedures for the handling of seized or frozen assets for the satisfaction of an order of restitution, requiring liquid assets to be disposed of in accordance with the court order (previously, specified that liquid assets should be paid to the victim as stated) and setting out procedures for assets that are held by financial institutions, including directing the payment of such funds to the clerk in the amount specified in the order. Further requires law enforcement agencies to submit an accounting of personal property sold or liquid assets seized to the clerk of superior court. Adds additional provisions specifying procedures for when the proceeds from the sale, transfer, or conversion of seized or frozen assets do not cover restitution or other costs, including charging unpaid amounts against the defendant and placing a criminal judgment against the defendant for those amounts. Also provides that fees or other expenses incurred by the State or county agency in administering the freeze or seizure provisions of this section are only recoverable as provided in GS 14-112.3(e1)2 (previously, only allowed recovery of such fees and expenses if they were charged against the defendant in final disposition of the criminal action).

Makes various technical and clarifying changes. 

Intro. by Glazier.GS 1, GS 7A, GS 14
H 529 (2015-2016) NC DRIVERS LICENSE RESTORATION ACT. Filed Apr 1 2015, AN ACT TO REPEAL THE PUNISHMENT OF REVOKING A PERSON'S DRIVERS LICENSE FOR COMMITTING CERTAIN DRIVING WHILE LICENSE REVOKED OFFENSES; TO MAKE DRIVING WHILE LICENSE REVOKED A NONMOVING VIOLATION FOR CERTAIN PURPOSES; AND TO MAKE OTHER CONFORMING CHANGES.

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

Amends proposed GS 20-28(a1) to provide that any person who drives a motor vehicle while his or her license has been revoked for an impaired driving revocation is guilty of a Class 1 misdemeanor (previously, established the offense of aggravated driving while license revoked, a Class 1 misdemeanor if the person's license was revoked for one of five specified reasons). Deletes proposed language which provided that a restoree of a revoked driver's license that operates a motor vehicle without maintaining financial responsibility must be punished in accordance with the provisions of that subsection.

Amends GS 20-28.1(a), making organizational changes and providing that for purposes of this section (conviction of moving offenses committed while driving during period of suspension or revocation of license), violations of GS 20-24.1 (Revocation for failure to appear or pay fine, penalty or costs for motor vehicle offenses) will not be considered a motor vehicle moving offense. 

Deletes proposed changes made to GS 20-20.1, Limited driving privilege for certain revocations.

Amends GS 20-17.8(f) and 20-179.3(j), making conforming changes.

Adds that prosecutions for offenses committed before the December 1, 2015, effective date are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable.

Intro. by Baskerville, Bryan.GS 20
H 538 (2015-2016) WATER AND SEWER SERVICE RELATED CHANGES (NEW). Filed Apr 1 2015, AN ACT TO AMEND AND CLARIFY THE POWERS OF WATER AND SEWER AUTHORITIES, TO AUTHORIZE COUNTIES AND CITIES TO PLEDGE A SECURITY INTEREST IN AN ESCROW ACCOUNT UNDER CERTAIN CONDITIONS, TO ALLOW THE LOCAL GOVERNMENT COMMISSION TO AUTHORIZE A THIRTY‑YEAR MATURITY DATE FOR THE FINANCING OF CERTAIN WATER SYSTEM PROJECTS, TO AUTHORIZE METROPOLITAN WATER DISTRICTS AND METROPOLITAN WATER AND SEWERAGE DISTRICTS TO ENTER INTO INSTALLMENT CONTRACT FINANCING AGREEMENTS, AND TO REQUIRE PUBLIC OR COMMUNITY WASTEWATER SYSTEMS TO ACCEPT LIQUID CONDENSATE GENERATED BY RESIDENTIAL HEATING AND COOLING SYSTEMS.

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

Amends the act's short and long titles.

Amends GS 162A-6(a), concerning the powers and duties of water and sewer authorities, making a clarifying change concerning reimbursement agreements with private developers or property owners.

Enacts GS 158-7.5, Security interests in rural economic development loans, allowing counties or municipalities that enter into an interest free loan agreement whereby they borrow money in connection with an economic development incentive arrangement to pledge a security interest in an escrow account to secure repayment or a certificate of deposit of the interest free loan. Provides that interest free loan arrangements are subject to the approval of the Local Government Commission. Prohibits deficiency judgments against counties or municipalities in actions for breach of a contractural obligation authorized under this statute, as well as pledging the taxing power to secure any moneys due under a duly authorized contract.

Amends GS 159G-40(b) concerning interest rates and maturity for water infrastructure loans, to allow the Local Government Commission to extend the maximum maturity date from 20 years to 30 years for targeted interest rate loans for certain projects  if (1) the project serves a system that is ranked as Tier I on the 2007-08 Tier Drought Vulnerability List and (2) the loan amount is at least eight times the amount of the operating revenue of the unit's system for which the loan is being granted.

Intro. by Millis.GS 158, GS 159, GS 162A
H 556 (2015-2016) ACHIEVING A BETTER LIFE EXPERIENCE ACT. Filed Apr 2 2015, AN ACT TO ENACT THE ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) ACT.

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

Amends GS 147-86.53(g) to require the notice of the State's right to file a claim against the estate following the death of a designated beneficiary who received medical assistance be provided to the personal representative (was, to the account owner).

Intro. by Avila, Lambeth, Hanes, Meyer.GS 147
H 561 (2015-2016) SCHOOL SYSTEM AUTH. RE: LEGAL PROCEEDINGS. Filed Apr 2 2015, AN ACT TO MODIFY THE AUTHORITY OF SCHOOL SYSTEMS WITH REGARD TO LEGAL PROCEEDINGS AND INVESTIGATIONS AND TO DIRECT THE PROGRAM EVALUATION DIVISION TO STUDY THE PROCESS OF RESOLVING EDUCATION FUNDING DISPUTES BETWEEN LOCAL BOARDS OF EDUCATION AND BOARDS OF COUNTY COMMISSIONERS.

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

Amends the act's long title.

Amends GS 115C-321(a), making a technical change. 

Amends GS 115C-45(a) concerning the issuance of subpoenas by local boards of education, providing that a subpoena for the production of all tangible things in matters concerning job-related misconduct and subsequent investigation is allowed only after the chief district court judge or designee has granted approval for such a subpoena (previously, subpoena issuance did not require judicial approval). Sets out four factors the judge must consider in granting or denying a request for such a subpoena: (1) whether the subpoena allows reasonable time for compliance, (2) if the subpoena requires the disclosure of privileged information and if any exception or waiver exists to the privilege or protection, (3) whether the individual would be subject to undue burdens or expenses, and (4) whether the subpoena is unreasonable or oppressive. Makes organizational changes. 

Provides that local boards of education cannot file legal actions against the board of county commissioners concerning the sufficiency of appropriations for the fiscal years beginning in 2015 and ending in 2020. Does not apply to legal actions filed prior to the date the act becomes law. 

Amends the effective date provisions, providing that Section 2 of the act concerning subpoenas from local boards of education is effective October 1, 2015, with the remainder of the act effective when the act becomes law (previously, the entire act was effective October 1, 2015). 

Intro. by Blackwell, Glazier.GS 115C
H 566 (2015-2016) AMEND EYEWITNESS ID/SHOW-UP. Filed Apr 2 2015, AN ACT TO AMEND THE EYEWITNESS IDENTIFICATION REFORM ACT TO CLARIFY THAT THE PROVISIONS OF THE ACT APPLY TO LAW ENFORCEMENT OFFICERS WHO ARE EYEWITNESSES, TO CLARIFY THAT A PHOTO LINEUP IS DIFFERENT FROM A SHOW-UP, AND TO ESTABLISH A PROCEDURE FOR CONDUCTING A SHOW-UP.

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

Deletes language in proposed GS 15A-284.52, which provided that a law enforcement officer could not be required to participate in a lineup as an eyewitness while acting in his or her official capacity. 

Intro. by Glazier.GS 15A
H 721 (2015-2016) SUBDIVISION ORDINANCE/LAND DEVELOP. CHANGES. Filed Apr 14 2015, AN ACT TO AMEND THE LAWS RELATED TO LAND DEVELOPMENT.

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

Amends GS 160A-372 to clarify that the performance guarantee is to be returned or released in a timely manner upon the acknowledgment by the city or county (was, by the city) that the improvements for which the performance guaranteed is being required are complete. Makes other technical changes.

Intro. by Bryan, Stam.GS 153A, GS 160A
H 724 (2015-2016) AMEND COMPOSITION OF NC MEDICAL BOARD. Filed Apr 14 2015, AN ACT REVISING THE MEMBERSHIP OF THE NORTH CAROLINA MEDICAL BOARD TO ENSURE THAT AT LEAST ONE PHYSICIAN ASSISTANT AND AT LEAST ONE NURSE PRACTITIONER SERVE AS MEMBERS OF THE BOARD.

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

Amends GS 90-3 to make conforming changes that provide that the Review Panel is to review all applications for the physician positions, the physician assistant position, and the nurse practitioner position (was, physician positions and the physician assistant or nurse practitioner position) on the NC Medical Board.

Makes additional technical, clarifying, and conforming changes.

Intro. by Lambeth, Malone, S. Martin, Hurley.GS 90
H 809 (2015-2016) THIRD-PARTY PREMIUM PAYMENTS. Filed Apr 14 2015, AN ACT TO ALLOW THIRD-PARTY PREMIUM PAYMENTS FOR HEALTH BENEFIT PLANS.

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

Makes a clarifying change.

Intro. by Avila.GS 58

The Daily Bulletin: 2015-07-21

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 amendments make the following changes to the 4th edition.

Amendment #1

Amends proposed GS 20-183.24 to provide that captured plate data obtained by an automatic license plate reader system, operated by or on behalf of a law enforcement agency for law enforcement purposes, cannot be preserved for more than 90 days after it is captured (previously, the 90 day preservation limit applied to all automatic license plate reader systems, whether or not the system was operated by a law enforcement agency). 

Amendment #2

Amends proposed GS 20-183.23, adding a new subsection (c) requiring law enforcement agencies that use automatic license plate reader systems to keep maintenance and calibration schedules and records for the system on file. 

Intro. by McKissick, Barefoot, Daniel.GS 20
S 399 (2015-2016) JOINT AGENCY TAX REFUND. Filed Mar 24 2015, AN ACT TO ALLOW A JOINT AGENCY CREATED TO PROVIDE POLICE PROTECTION, FIRE PROTECTION, AND EMERGENCY SERVICES A REFUND OF SALES AND USE TAXES PAID AND TO DIRECT THE REVENUE LAW STUDY COMMITTEE TO EXAMINE THE APPLICATION OF THE EXEMPTION OF THE MOTOR FUELS TAX TO ENTITIES COMPRISED OF MULTIPLE LOCAL GOVERNMENT UNITS.

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

Deletes the section of the bill exempting joint agencies created by interlocal agreement under GS 160A-462 to provide (1) fire protection, (2) emergency services, or (3) police protection, as well as regional solid waste management authorities created under GS 153A-421, from the excise tax on motor fuel.

Deletes changes to GS 20-84(b), which allowed the issuance of permanent license plates for motor vehicles owned and operated by a regional solid waste management authority.

Adds a new section directing the Revenue Laws Study Committee to study the application of the motor fuels tax exemption to entities comprised of multiple local government units. 

Amends both the short and long titles. 

Intro. by Sanderson.STUDY, GS 105
S 541 (2015-2016) REGULATE TRANSPORTATION NETWORK COMPANIES. Filed Mar 26 2015, AN ACT TO REGULATE TRANSPORTATION NETWORK COMPANIES.

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

Amends GS 20-280.3 to add that applications for transportation network company permits (and applications for permit renewals) must also include a policy of nondiscrimination based on customers' race, color, national origin, religious belief or affiliation, sex, disability, or age.

Deletes (b) of GS 153A-134 (regulation and licensing businesses, trades, etc.), which provided that the statute did not impair the county's power to levy privilege taxes on occupations, businesses, trades, professions, and other activities under GS 153A-152 (which was repealed effective July 1, 2015).

Makes technical changes.

Intro. by Rabon.GS 20, GS 153A, GS 160A
S 575 (2015-2016) NC/SC ORIGINAL BORDER CONFIRMATION. Filed Mar 26 2015, AN ACT TO MAKE LEGISLATIVE CHANGES TO FACILITATE THE WORK OF THE BOUNDARY COMMISSION IN CONFIRMING AND REESTABLISHING THE ORIGINAL BOUNDARY EXISTING BETWEEN THE STATES OF NORTH CAROLINA AND SOUTH CAROLINA.

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

Amends Section 2(b) of the act to require the Department of Revenue (Department) to calculate, for each year, the difference between the motor fuel excise tax that would have been imposed under GS 105-449.80 on the motor fuel sold by an establishment classified by this section in the absence of the classification and the motor fuel excise tax that was imposed on the motor fuel sold by the establishment due to the classification. Specifies that the difference in the taxes, and any associated interest, penalties, and costs, are a lien on the taxpayer's real property. Requires that the difference in taxes be carried forward in the Department's records as deferred taxes and makes the deferred taxes for the preceding years due on the day that Section 2(b) becomes ineffective because of a disqualifying event. Defines a disqualifying event as when the establishment is transferred to a new owner. Extinguishes the lien for deferred taxes when the taxes are paid. Makes conforming changes.

Makes other technical changes.

Intro. by Tucker.GS 18B
S 605 (2015-2016) VARIOUS CHANGES TO THE REVENUE LAWS. Filed Mar 26 2015, AN ACT TO MAKE VARIOUS CHANGES TO THE REVENUE LAWS.

The committee substitute to the 1st edition is to be summarized. 

Intro. by Rucho, Rabon, Tillman.GS 105
S 671 (2015-2016) DL RESTORATION/DWI TREATMENT COURT. Filed Mar 26 2015, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO CONDITIONALLY RESTORE THE DRIVERS LICENSE OF PERSONS WHO HAVE SUCCESSFULLY COMPLETED A DRUG TREATMENT OR DWI TREATMENT COURT PROGRAM.

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

Amends proposed GS 20-19 adding an additional requirement for the conditional restoration of a person's drivers license revoked pursuant to an impaired driving offense, requiring individuals to also pay a $25 fee, to be deposited to the Highway Fund. Also amends requirements concerning the ignition interlock system, now requiring that it be set to prohibit driving for an alcohol concentration of greater than 0.02 (previously, required the system to be set to not allow driving for any concentration greater than 0.00). Makes technical changes. 

Intro. by Apodaca, Van Duyn, J. Davis.GS 20

The Daily Bulletin: 2015-07-21

LOCAL/HOUSE BILLS
H 199 (2015-2016) CERTAIN CITIES/DONATE SERVICE ANIMALS. Filed Mar 10 2015, AN ACT TO AMEND THE CHARTER OF THE CITY OF RALEIGH AND THE CITIES AND TOWNS IN MECKLENBURG COUNTY TO ALLOW THE CITY TO DONATE RETIRED ANIMALS USED BY THE POLICE DEPARTMENT OR ANY OTHER CITY AGENCY TO THE POLICE OFFICER OR EMPLOYEE WHO HAD NORMAL CUSTODY AND CONTROL OF THE ANIMAL.

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

Adds a section making the bill applicable to the municipalities in Mecklenburg County as well as Raleigh. 

Amends the act's short and long titles.

Intro. by D. Hall.Mecklenburg, Wake
H 412 (2015-2016) DUNN ANNEXATION/HOLLY RIDGE ANNEXATION. Filed Mar 31 2015, AN ACT TO ANNEX CERTAIN DESCRIBED PROPERTY TO THE CITY OF DUNN AND TO ANNEX CERTAIN DESCRIBED PROPERTY TO THE TOWN OF HOLLY RIDGE.

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

Adds a section adding certain described properties in Onslow County to the corporate boundaries of the Town of Holly Ridge.

Changes the effective date of the act from June 30, 2015, to the date the act becomes law.

Changes the act's short and long titles.

 

Intro. by Lewis.Harnett, Onslow
H 478 (2015-2016) BRUNSWICK CTY/NAVIGABLE WATERS. Filed Apr 1 2015, AN ACT AUTHORIZING BRUNSWICK COUNTY TO REGULATE NAVIGABLE WATERS WITHIN ITS BOUNDARIES.

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

Adds language providing that, in addition to those already specified, the rules or regulations of the Division of Marine Fisheries or the Marine Fisheries Commission also prevail in instances where there is an express conflict with ordinances adopted by a county.

Intro. by Iler.Brunswick

The Daily Bulletin: 2015-07-21

LOCAL/SENATE BILLS
S 168 (2015-2016) $5 Vehicle Tax for Greene Co Economic Dev. Filed Mar 4 2015, AN ACT AUTHORIZING GREENE COUNTY TO LEVY A VEHICLE TAX NOT TO EXCEED FIVE DOLLARS FOR ECONOMIC DEVELOPMENT.

Senate committee substitute makes the following change to 1st edition. Deletes the contents of the previous edition.

Allows Greene County to levy a tax of not more than $5 per year upon any vehicle resident in the county and requires the revenue to be used for economic development. 

Amends the act's short and long titles.

Intro. by D. Davis.Greene
ACTIONS ON BILLS

Actions on Bills: 2015-07-21

PUBLIC BILLS

H 6: AUTOCYCLE DEFINITION AND REGULATION.

    Pres. To Gov. 7/21/2015

H 13: AMEND SCHOOL HEALTH ASSESSMENT REQUIREMENT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Education/Higher Education

H 20: RURAL ACCESS TO HEALTH CARE ACT (NEW)

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

H 59: CLARIFY REPORT ADMISSIBILITY.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 169: RESTORE STATE CLAIM FOR WRONGFUL DISCHARGE (NEW)

    House: Amend Failed A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    House: Amend Failed A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    House: Amend Failed A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate

H 185: REPEAL DCR'S OBSOLETE COMMS & LANGUAGE.-AB

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 186: CAPE FEAR WATER RESOURCES AVAILABILITY STUDY.

    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/22/2015

H 229: CHURCH TAX EXEMPTION/DRIVING PRIVILEGES. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

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

    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

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

    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

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

    Pres. To Gov. 7/21/2015

H 284: Civil Contempt/Jury Duty

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 308: CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 350: RESTORE DRIVING PRIVILEGES/COMPETENCY.

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

H 373: ELECTIONS. (NEW)

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

H 383: CLARIFY STATUTORY SCHEME/SEX OFFENSES.

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

H 390: BEAUFORT CO. CC/WASHINGTON CO.

    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 397: CLARIFY PROTECTIONS/EXPLOITATION OF ELDERS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

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

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

H 529: NC DRIVERS LICENSE RESTORATION ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 538: WATER AND SEWER SERVICE RELATED CHANGES (NEW).

    Senate: Sequential Referral To Agriculture/Environment/Natural Resources Stricken
    Senate: Sequential Referral To Finance Added
    Senate: Sequential Referral To Agriculture/Environment/Natural Resources Stricken
    Senate: Sequential Referral To Finance Added
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

H 544: COUNTY SIGN ORDINANCE IN CITIES.

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

H 556: ACHIEVING A BETTER LIFE EXPERIENCE ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

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

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading

H 566: AMEND EYEWITNESS ID/SHOW-UP.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 571: IMPLEMENT CLEAN POWER PLAN (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Agriculture/Environment/Natural Resources
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Agriculture/Environment/Natural Resources
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Agriculture/Environment/Natural Resources

H 638: CAPITALIZE ON WETLAND MITIGATION.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Agriculture/Environment/Natural Resources

H 721: SUBDIVISION ORDINANCE/LAND DEVELOP. CHANGES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 724: AMEND COMPOSITION OF NC MEDICAL BOARD.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/29/2015

H 765: REGULATORY REFORM ACT OF 2015.

    House: Reptd Unfav For Conc
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/22/2015

H 797: ALARM REGISTRATION INFO NOT PUBLIC RECORD.

    Senate: Reptd Fav
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/29/2015

H 809: THIRD-PARTY PREMIUM PAYMENTS.

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

H 912: TAXATION OF TRIBAL LAND AND TOBACCO PRODUCTS (NEW).

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate

S 22: HISTORIC ARTIFACT MGT. AND PATRIOTISM ACT.

    House: Amend Tabled A4
    House: Amend Failed A5
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 182: AUTOMATIC LICENSE PLATE READERS.

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

S 192: CITATIONS/SHERIFFS ACCEPT FAXES.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate

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

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate

S 374: MODIFY FOR-HIRE LICENSE LOGBOOK REQUIREMENT.

    House: Withdrawn From Com
    House: Placed On Cal For 07/22/2015

S 399: JOINT AGENCY TAX REFUND.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 438: PERMANENT PLATES/CHARTER SCHOOLS.

    Senate: Reptd Fav
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/28/2015

S 520: AMEND INDECENT EXPOSURE LAW.

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

S 541: REGULATE TRANSPORTATION NETWORK COMPANIES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 575: NC/SC ORIGINAL BORDER CONFIRMATION.

    Senate: Sequential Referral To Finance Added
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance
    Senate: Sequential Referral To Finance Added
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

S 605: VARIOUS CHANGES TO THE REVENUE LAWS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 659: SHERIFFS' ASSOCIATION SPECIAL PLATE.

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

S 671: DL RESTORATION/DWI TREATMENT COURT.

    Senate: Sequential Referral To Finance Added
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

S 678: AMEND DEBT COLLECTION STATUTES.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Amend
    Senate: Placed On Cal For 07/22/2015
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/23/2015

S 679: NC CONSUMER FINANCE ACT AMENDMENTS.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 07/22/2015
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/23/2015

Actions on Bills: 2015-07-21

LOCAL BILLS

H 199: CERTAIN CITIES/DONATE SERVICE ANIMALS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/29/2015

H 312: CERTAIN COUNTIES SHERIFF/FOOD PURCHASES.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 07/27/2015
    House: Withdrawn From Cal
    House: Placed On Cal For 07/22/2015

H 386: HOPE MILLS/SPRING LAKE/SATELLITE ANNEXATIONS (NEW).

    Senate: Reptd Fav
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/28/2015

H 389: ROANOKE ISLAND FIRE DISTRICT CHANGES.

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

H 412: DUNN ANNEXATION/HOLLY RIDGE ANNEXATION.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/28/2015

H 478: BRUNSWICK CTY/NAVIGABLE WATERS.

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

H 492: RUTHERFORD CTY/RUTHERFORD AIRPORT AUTHORITY.

    Senate: Reptd Fav

H 531: VARIOUS OCCUPANCY TAX CHANGES (NEW).

    House: Passed 3rd Reading
    House: Special Message Sent To Senate

S 50: Wilson County Occupancy Tax Modification.

    House: Passed 3rd Reading
    House: Special Message Sent To Senate

S 168: $5 Vehicle Tax for Greene Co Economic Dev.

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

© 2024 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.