The Daily Bulletin: 2015-07-28

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The Daily Bulletin: 2015-07-28

PUBLIC/HOUSE BILLS
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 amendment makes the following changes to the 2nd edition.

Adds a section requiring the Administrative Office of the Courts to study, in consultation with the North Carolina Conference of Clerks of Superior Court, excusals from jury service, including whether or not excusals should be granted for prospective jurors on work assignment outside of the state. Requires a report to the Joint Legislative Oversight Committee on Justice and Public Safety and the General Assembly upon the convening of the 2016 Regular Session of the 2015 General Assembly. Effective when the act becomes law.

Makes additional organizational and conforming changes.

Intro. by Glazier, Stam.STUDY, GS 5A, GS 9
H 287 (2015-2016) AMEND INSURANCE LAWS.-AB Filed Mar 18 2015, AN ACT TO ENHANCE AND IMPROVE CONSUMER PROTECTIONS AND TRANSPARENCY RELATED TO MOTOR VEHICLE MAINTENANCE AND REPAIRS, LONG‑TERM CARE INSURANCE, AND CONSENT TO RATE; TO STUDY VOLUNTEER FIREFIGHTER RECRUITMENT AND RETENTION EFFORTS; TO INCREASE THE CRIMINAL PENALTY FOR LARGE‑SCALE FRAUD COMMITTED BY AN INSURANCE FIDUCIARY AND STRENGTHEN COMMERCIAL AUTO RATE EVASION REFORM; TO MAKE VARIOUS TECHNICAL AND POLICY CHANGES TO NORTH CAROLINA'S CAPTIVE INSURANCE LAW PROVISIONS; TO ENABLE THE ESTABLISHMENT OF A STATE‑BASED PRIVATE FLOOD INSURANCE MARKET; TO ENABLE INSURERS TO RECEIVE RESTITUTION FROM CONVICTED DEFENDANTS; TO EXEMPT CERTAIN ACCOUNTABLE CARE ORGANIZATIONS FROM DEPARTMENT REGULATION; AND TO MAKE OTHER AMENDMENTS TO INSURANCE LAWS, AS RECOMMENDED BY THE DEPARTMENT.

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

Amends the long title.

Amends proposed GS 58-50-40(c) to make an insurance fiduciary who violates his or her fiduciary duty and causes the cancellation or non-renewal of a group health or group life insurance plan guilty of a Class F felony (was, Class C felony) if the total value of the losses suffered is $100,000 or more.

Deletes proposed GS 20-309(c1), which permitted proof of insurance to be satisfied by producing records of insurance in either physical or electronic format.

Deletes proposed  GS 58-36-43, which authorized member companies writing private passenger automobile or homeowner's insurance to incorporate optional enhancements to their automobile and homeowners' programs that do not alter coverage under rate bureau jurisdiction.

Enacts new GS 105-153.5(a)(2)c, concerning individual income taxes, to allow a deduction for investors that have incurred losses resulting from criminally fraudulent investment arrangements.

Intro. by Setzer, Bumgardner.APPROP, STUDY, GS 58, GS 105
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 amendment makes the following changes to the 4th edition.

Adds a section to the act enacting new GS 130A-345, which requires every public or community wastewater system to collect liquid condensate from residential heating and cooling systems. Effective when the act becomes law. Makes conforming changes to the act's long title.

Intro. by Millis.GS 130A, GS 159G, GS 160A, 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 amendment makes the following changes to the 3rd edition. 

Makes a clarifying change to GS 147-86.53(g).

Intro. by Avila, Lambeth, Hanes, Meyer.GS 147
H 792 (2015-2016) PRIVACY/PROTECTION FROM REVENGE POSTINGS. Filed Apr 14 2015, AN ACT TO PROTECT THE PUBLIC FROM REVENGE POSTING ONLINE BY MAKING IT A CRIMINAL OFFENSE TO DISCLOSE CERTAIN IMAGES IN WHICH THERE IS A REASONABLE EXPECTATION OF PRIVACY AND TO MAKE INDECENT EXPOSURE THAT OCCURS ON PRIVATE PREMISES A CRIMINAL OFFENSE.

Senate amendments make the following changes to the 3rd edition.

Amendment #1 directs the Joint Legislative Oversight Committee on Justice and Public Safety to study the issue of the disclosure of images of people superimposed on other explicit images, specifically the criminal or civil actions that could result from such disclosures. Requires the Committee to report to the General Assembly on findings by April 1, 2016. 

Amendment #2 enacts new GS 1-51.1, establishing a four-year time limit to bring suits or action against individuals for disclosures described and prohibited in GS 14-190.5A concerning specified disclosures of private images.

Amendment #3 enacts new GS 14-190.9(a4) making it a Class 2 misdemeanor for individuals 18 years of age or older to willfully expose their private parts in a private residence of which the individual is not a resident when in the presence of any other individual who is less than 16 years old who is a resident of that private residence. 

Intro. by Bryan.STUDY, GS 1, GS 14
H 814 (2015-2016) THE WILLIAM C. LINDLEY, JR. SUDEP LAW. Filed Apr 14 2015, AN ACT REQUIRING THE CHIEF MEDICAL EXAMINER TO ESTABLISH A MEDICAL EXAMINER TRAINING PROGRAM THAT INCLUDES TRAINING REGARDING SUDDEN UNEXPLAINED DEATH IN EPILEPSY DURING MEDICOLEGAL DEATH INVESTIGATIONS.

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

Makes a technical correction in GS 130A-382.

Intro. by Riddell.GS 130A

The Daily Bulletin: 2015-07-28

PUBLIC/SENATE BILLS
S 238 (2015-2016) STALKING BY GPS/CRIMINAL OFFENSE. Filed Mar 10 2015, AN ACT TO PROVIDE THAT A PERSON COMMITS THE OFFENSE OF CYBERSTALKING IF THE PERSON KNOWINGLY INSTALLS OR PLACES A TRACKING DEVICE WITHOUT CONSENT AND USES THE DEVICE TO TRACK THE LOCATION OF AN INDIVIDUAL.

House committee substitute makes the following changes to the 4th edition.

Amends the long title.

Amends GS 14-196.3, concerning the exemptions from the prohibition on knowingly installing or placing an electronic tracking device without consent to track a person's location, adding a new exemption for parents or legal guardians of a minor when the device is used to track the minor's location. Restricts parents or guardians that have a domestic violence protective order or other court order promoting specified actions from qualifying for this exemption.

Deletes proposed changes to Rule 803(6) of the Rules of Evidence found in GS Chapter 8C, which allowed a custodian of business records to authenticate such records by way of affidavit or by document under seal under Rule 902 of the Rules of Evidence made by the custodian in lieu of in-person testimony. 

Makes conforming changes. 

Intro. by Stein, Hartsell.GS 14
S 332 (2015-2016) REGISTER OF DEEDS-POA INDEXING FEES. Filed Mar 18 2015, AN ACT TO ENABLE REGISTERS OF DEEDS TO COLLECT ADDITIONAL FEES FOR INDEXING INSTRUMENTS THAT CONTAIN EXHIBITS WITH MULTIPLE ENTERABLE PARTIES.

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

Amends proposed language in GS 161-10(a)(1) to provide that for recording an instrument that contains excessive recording data, the fee will be an additional $2 for each party listed (previously, referred to fee for each entity listed) in the instrument in excess of 20. Makes conforming changes. 

Amends the effective date to make the act effective October 1, 2015 (was, effective July 1, 2015). 

Intro. by Daniel.GS 161
S 446 (2015-2016) DEALER LOANERS/UNMANNED AIRCRAFT/BRUNSWICK CO. (NEW) Filed Mar 25 2015, AN ACT TO PROVIDE FOR THE UNIFORM TREATMENT OF FRANCHISED DEALER LOANER VEHICLES; TO CLARIFY THAT AGENTS OR AGENCIES OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE SHALL HAVE AUTHORITY TO PROCURE AND OPERATE UNMANNED AIRCRAFT SYSTEMS UPON APPROVAL OF THE STATE CHIEF INFORMATION OFFICER AND TO MODIFY THE REGULATION OF UNMANNED AIRCRAFT SYSTEMS TO CONFORM TO FAA GUIDELINES; AND AUTHORIZING BRUNSWICK COUNTY TO REGULATE NAVIGABLE WATERS WITHIN ITS BOUNDARIES.

House committee substitute deletes all provisions of the 1st edition and replaces it with an act to issue loaner/dealer license plates, regulate commercial and State use of unmanned aircraft systems, and provide for Brunswick County to regulate its navigable waters. 

Uniform Treatment of Franchised Dealer Loaner Vehicles

Removes the 1st edition's amendment to GS 20-79(d), pertaining to restrictions on the use of vehicle dealer license plates, and allowing their use on vehicles loaned by the dealer to customers whose vehicle is being serviced or repaired by the dealer. Adds instead new GS 20-79.02 to provide for loaner/dealer "LD" license plates issued by the Division of Motor Vehicles and distinct from the dealer license plates of GS 20-79. The new section allows dealers to apply for LD license plates for use on new motor vehicles owned by the dealer and loaned, whether with or without charge, to customers having their vehicles serviced. The section provides for an annual fee of $200 and includes conforming changes related to the design, use, and issuance of LD license plates as well as sanctions for their misuse. The section becomes effective July 1, 2016; use of the LD license plates is voluntary until January 1, 2019, and mandatory after that date to the extent the dealer receives (1) incentives or warranty compensation from the vehicle manufacturer or distributor or (2) a fee or other compensation from the customer.

Amends GS 20-79 to allow dealers to issue demonstration permits to customers taking a loaner vehicle at no additional charge, whether or not the dealer receives incentives or compensation from the manufacturer or distributor. This change expires December 31, 2018.   

Makes certain conforming changes to the definitions of U-Drive-It vehicles in GS 20-4.01(48a) (expiring on December 31, 2018) and to the term motor vehicle GS 20-286(10). 

Unmanned Aircraft Systems

Amends SL 2013-360, as amended, to allow the State Chief Information Officer, until December 31, 2015, to approve or disapprove of (1) the procurement or operation of an unmanned aircraft system by State agencies or political subdivisions of the State, and (2) the disclosure of personal information about any person acquired through the operation of an unmanned aircraft system by State agencies or political subdivisions. Current law prohibited these activities absent an exception granted by the Chief Information Officer. Requires the Chief Information Officer to report decisions made under this subsection to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. Allows State agencies or political subdivisions to procure and operate an unmanned aircraft system prior to the implementation of the knowledge and skills test required by GS 63-95. The amendment makes certain conforming changes pertaining to the knowledge and skills test. 

Amends GS 63-96, which requires a license for commercial operation of unmanned aircraft systems, to align with federal regulations by replacing the term "license" with "permit." Lowers the age at which a person may receive a permit to 17 from 18. The amendment includes a section declaring that a person authorized by the Federal Aviation Administration for commercial operation of an unmanned aircraft system will not be in violation of GS 63-96 prior to the implementation of the knowledge test and permitting process. 

Brunswick County to Regulate Navigable Waters Within its Boundaries

Adds sections allowing the Board of Commissioners of Brunswick County to adopt and enforce ordinances for the county's navigable waters that relate to the operation and anchoring of boats and vessels. Includes a severability clause.

Intro. by B. Jackson.Brunswick, GS 20, GS 63
S 581 (2015-2016) STUDY SUBDIV. STREETS/TRAFFIC CALMING DEVICES (NEW). Filed Mar 26 2015, AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO STUDY THE PROCESS FOR ACCEPTING SUBDIVISION STREETS DEDICATED AS PUBLIC ON THE STATE HIGHWAY SYSTEM FOR MAINTENANCE AND TO AMEND THE PERCENTAGE OF PROPERTY OWNERS NEEDED TO APPROVE TRAFFIC CALMING DEVICES IN CERTAIN SUBDIVISIONS.

House committee substitute makes the following changes to the 1st edition. Amends GS 136-102.8(4) to require the Department of Transportation to establish policies regarding traffic calming devices on state-maintained subdivision streets if support for the traffic calming devices is demonstrated by 60% (was, 70%) of the member property owners of a homeowners' association or neighborhood property owners who have signed a contractual agreement outlining responsibility for the devices. Changes the act's long title and short title.

 

Intro. by Pate.STUDY, GS 136

The Daily Bulletin: 2015-07-28

The Daily Bulletin: 2015-07-28

ACTIONS ON BILLS

Actions on Bills: 2015-07-28

PUBLIC BILLS

H 13: AMEND SCHOOL HEALTH ASSESSMENT REQUIREMENT.

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

H 59: CLARIFY REPORT ADMISSIBILITY.

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

H 134: SOLICITING PROSTITUTION/IMMUNITY FOR MINORS.

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

H 173: OMNIBUS CRIMINAL LAW BILL.

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

H 174: LANDLORD/TENANT-FORECLOSURE & EVICT. CHANGES.

    Ratified

H 184: CHANGE DCR PROCESS FOR UNCLAIMED PROPERTY.-AB

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 08/04/2015

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

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

H 186: CAPE FEAR WATER RESOURCES AVAILABILITY STUDY.

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

H 215: PROCEDURE FOR WAIVER OF JURY TRIAL.

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

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

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

H 268: AMEND TRANSPORTATION LAWS.-AB

    Senate: Conf Com Appointed

H 284: Civil Contempt/Jury Duty

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading

H 287: AMEND INSURANCE LAWS.-AB

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/29/2015
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/29/2015

H 334: CHARTER SCHOOLS & OTHER EDUCATION LAW CHANGES (NEW).

    House: Regular Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Regular Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)

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

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

H 383: CLARIFY STATUTORY SCHEME/SEX OFFENSES.

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

H 397: CLARIFY PROTECTIONS/EXPLOITATION OF ELDERS.

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

H 446: AMEND STATUTES GOVERNING BAIL BONDSMEN.

    Ratified

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

    Senate: Conf Com Appointed

H 529: NC DRIVERS LICENSE RESTORATION ACT.

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

H 532: WC/TRUCK DRIVER STATUS.

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

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

    Senate: Amend Adopted A1
    Senate: Passed 3rd Reading
    Engrossed

H 553: ORDINANCES REGULATING ANIMALS.

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

H 556: ACHIEVING A BETTER LIFE EXPERIENCE ACT.

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

H 562: AMEND FIREARM LAWS.

    Ratified

H 584: USE OF POSITION/LETTERS OF REFERENCE.

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

H 607: ALLOW PROTECTED CONSUMER SECURITY FREEZES.

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

H 638: CAPITALIZE ON WETLAND MITIGATION.

    Pres. To Gov. 7/28/2015

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

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

H 721: SUBDIVISION ORDINANCE/LAND DEVELOP. CHANGES.

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

H 774: RESTORING PROPER JUSTICE ACT.

    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 07/29/2015

H 792: PRIVACY/PROTECTION FROM REVENGE POSTINGS.

    Senate: Amend Adopted A1
    Senate: Amend Adopted A2
    Senate: Amend Adopted A3
    Senate: Amendment Withdrawn A4
    Senate: Passed 2nd Reading

H 800: CLARIFY MOTOR VEHICLE DEALER LAWS.

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

H 804: KELSEY SMITH ACT.

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

H 814: THE WILLIAM C. LINDLEY, JR. SUDEP LAW.

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

H 823: ESTABLISH ADVISORY COUNCIL ON RARE DISEASES.

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

S 29: COUNTY EUGENICS COMPENSATION AUTHORITY. (NEW)

    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

S 82: VITAL RECORDS INTEGRITY ACT.

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

S 89: FILING BY CLERK/MAG. AND CLARK PILOT (NEW).

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

S 183: ELIMINATE CRVS FOR MISDEMEANANTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/29/2015

S 192: CITATIONS/SHERIFFS ACCEPT FAXES.

    Pres. To Gov. 07/28/2015

S 233: AUTOMATIC EXPUNCTION/MISTAKEN IDENTITY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/29/2015

S 238: STALKING BY GPS/CRIMINAL OFFENSE.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/29/2015

S 313: INDUSTRIAL HEMP. (NEW)

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

S 332: REGISTER OF DEEDS-POA INDEXING FEES.

    House: Reptd Fav Com Substitute
    House: Re-ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

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

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

S 374: MODIFY FOR-HIRE LICENSE LOGBOOK REQUIREMENT.

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

S 438: PERMANENT PLATES/CHARTER SCHOOLS.

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

S 446: DEALER LOANERS/UNMANNED AIRCRAFT/BRUNSWICK CO. (NEW)

    House: Reptd Fav Com Substitute
    House: Rule 38b
    House: Re-ref Com On Finance

S 541: REGULATE TRANSPORTATION NETWORK COMPANIES.

    House: Regular Message Received From Senate
    House: Passed 1st Reading
    House: Ref to the Com on Transportation, if favorable, Finance

S 581: STUDY SUBDIV. STREETS/TRAFFIC CALMING DEVICES (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 07/29/2015

S 605: VARIOUS CHANGES TO THE REVENUE LAWS.

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

S 671: DL RESTORATION/DWI TREATMENT COURT.

    House: Regular Message Received From Senate
    House: Passed 1st Reading
    House: Ref to the Com on Judiciary II, if favorable, Finance

S 678: AMEND DEBT COLLECTION STATUTES.

    Ratified

S 679: NC CONSUMER FINANCE ACT AMENDMENTS.

    Ratified

S 718: HONOR HARRIS BLAKE, FORMER SENATOR.

    Senate: Passed 1st Reading
    Senate: Placed On Cal For 07/29/2015

Actions on Bills: 2015-07-28

LOCAL BILLS

H 343: CLAYTON/WALLACE ETJ AREAS (NEW).

    House: Regular Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 07/29/2015

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

    Senate: Passed 2nd Reading

H 412: DUNN ANNEXATION/HOLLY RIDGE ANNEXATION.

    Senate: Passed 2nd Reading

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