The Daily Bulletin: 2015-08-04

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The Daily Bulletin: 2015-08-04

PUBLIC/HOUSE BILLS
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.

AN ACT TO CLARIFY THE ADMISSIBILITY OF REPORTS OF FORENSIC AND CHEMICAL ANALYSIS AND TO EXEMPT CERTAIN EX PARTE HEARINGS FROM REPORTING REQUIREMENTS. Enacted July 31, 2015. Effective July 31, 2015.

Intro. by Faircloth, Stam, Glazier.GS 7A, GS 8, GS 15A, GS 20, GS 90
H 184 (2015-2016) CHANGE DCR PROCESS FOR UNCLAIMED PROPERTY.-AB Filed Mar 10 2015, AN ACT TO ALLOW THE DEPARTMENT OF CULTURAL RESOURCES, OFFICE OF ARCHIVES AND HISTORY, TO USE THE NET PROCEEDS OF THE SALE OF ARTIFACTS FOR MAINTENANCE OR CONSERVATION OF OTHER ARTIFACTS; TO CLARIFY THE PROCESS FOR TRANSFERRING TITLE OF UNCLAIMED OR UNDOCUMENTED PROPERTY LOANED TO MUSEUMS AND HISTORICAL REPOSITORIES TO THOSE MUSEUMS AND HISTORICAL REPOSITORIES; TO SET A TIME LIMITATION ON CONFIDENTIALITY OF RECORDS; TO CLARIFY THAT PHOTOGRAPHS AND VIDEO RECORDINGS OF DERELICT VESSELS OR SHIPWRECKS ARE PUBLIC RECORDS WHEN IN THE CUSTODY OF NORTH CAROLINA AGENCIES; AND TO PROVIDE THAT CERTAIN MERCHANDISE CREDITS ARE NOT DEEMED ABANDONED PROPERTY.

Senate amendment #3 makes the following changes to the 4th edition, as amended. 

Amends new GS 121-52, which allows museums or archives repositories to acquire title to loaned property. If a museum or repository that has mailed notice to the last known address of the lender of property receives no valid claim, the 4th edition required the museum or repository to advertise in a newspaper of general circulation and the museum or repository's website. The amendment requires the museum or repository instead to make a reasonable effort to locate and inform the owner or the owner's heirs and successors and also to publish notice on an Internet site created by the Department of Cultural Resources. The museum or repository should publish notice for no fewer than 365 consecutive days for property with an estimated value greater than $10,000 and for 180 days for property equal to or less than that value. 

The notice should include a digital image of the property and any documentation executed by the parties, in addition to other information that the 4th edition required in the newspaper publication. 

Amends new GS 121-56 to clarify that a museum may acquire title to undocumented property by following the procedures of new GS 121-52 and not necessarily after a period of seven years without contact between the lender and the museum or repository. 

Makes certain technical changes. 

 

Intro. by R. Brown, Cleveland, Floyd, Riddell.GS 116B, GS 121, GS 132
H 267 (2015-2016) AMEND RESPIRATORY CARE PRACTICE ACT.-AB Filed Mar 17 2015, AN ACT AMENDING THE RESPIRATORY CARE PRACTICE ACT.

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

Makes technical changes. 

Intro. by Goodman.GS 90
H 371 (2015-2016) TERROR CLAIMS/DAMAGES/LIABILITY FOR SUPPORT. Filed Mar 26 2015, AN ACT CREATING A CIVIL CLAIM FOR RELIEF FOR DAMAGES SUSTAINED AS THE RESULT OF TERRORIST ACTS, AMENDING LAWS RELATED TO MEMBERS OF THE NORTH CAROLINA NATIONAL GUARD CARRYING CONCEALED WEAPONS, AND TO PERMIT THE RULES REVIEW COMMISSION TO RETAIN PRIVATE COUNSEL UNDER CERTAIN CIRCUMSTANCES.

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

Amendment #2 amends the allowed damages as specified in proposed GS 1-539.2D for injuries to person or property as a result of a terrorist act, providing that damages are recoverable in the amount of the greater of three times actual damages or $50,000 (previously, three times or $10,000). 

Amendment #3 amends GS 1-51 to clarify the claim period provisions, clarifying that suits, actions, or proceedings for damages under GS 1-539.2D must be brought within five years from the date of the injury.

Amendment #4 amends the long title and enacts a new GS 14-269(b)(3a) to provide that the prohibition on carrying concealed weapons does not apply to members of the NC National Guard who have been designated by the Adjutant General and have a concealed handgun permit while discharging their official duties. Enacts new subsection GS 143B-30.1(g) to allow the Rules Review Commission to retain private counsel if sued by another state entity, paid for by available State funds to defend the litigation either independently or in cooperation with the NC Department of Justice. Makes clarifying changes to the effective date provisions.

 

Intro. by Whitmire, Cleveland, Stevens.GS 1, GS 14, GS 143B
H 482 (2015-2016) EMPLOYEE FAIR CLASSIFICATION ACT. Filed Apr 1 2015, AN ACT TO ENACT THE EMPLOYEE FAIR CLASSIFICATION ACT.

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

Deletes language from the definition of the term employee found in proposed GS 143-761, which provided that individuals and entities that provided transportation services or trucking equipment as an owner-operator under a written contract to a common carrier, contract carrier, or exempt hauler were not considered employees. 

Enacts new GS 105-259(b)(49) to allow the disclosure of tax information to the NC Department of Labor, NC Division of Employment Security, and the NC Industrial Commission for the purposes of employee misclassification, unless prohibited by law. Makes clarifying changes to the disclosure of records under GS 143-768.

Provides that proposed GS 143-760, GS 143-761, and GS 143-762 are effective when the bill becomes law, with the remainder of Part I of the bill becoming effective on January 1, 2016, applying to instances of employee misclassification occurring on or after that date. 

Makes clarifying changes to GS 95-25.15(c), information required on NC Department of Labor posters.

Makes clarifying and technical changes.

Amends the effective date for the bill, making its provisions effective, unless otherwise provided, January 1, 2016 (was, August 1, 2015). 

Intro. by Pendleton, Blust, Szoka.APPROP, GS 87, GS 95, GS 97, GS 143, GS 153A, GS 160A
H 943 (2015-2016) CONNECT NC BOND ACT OF 2015. Filed Aug 3 2015, AN ACT TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF ACCOMPLISHING CERTAIN INTERRELATED AND UNITED PROJECTS TO FURTHER ECONOMIC DEVELOPMENT IN THE STATE CONSISTENT WITH THE CONNECT NC PLAN.

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

Changes section 1.(i) to prohibit bonds from being issued if a majority of voters do not vote in favor of (was, vote against) their issuance. 

Makes a technical change and corrects the name of the Joint Legislative Capital Oversight Committee (was, Legislative Capital Oversight Committee). 

Intro. by Rules, Calendar, and Operations of the House.UNCODIFIED

The Daily Bulletin: 2015-08-04

The Daily Bulletin: 2015-08-04

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.

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. Enacted August 4, 2015. Effective August 4, 2015.

Intro. by D. Hall.Mecklenburg, Wake

The Daily Bulletin: 2015-08-04

LOCAL/SENATE BILLS
S 50 (2015-2016) Wilson County Occupancy Tax Modification. Filed Feb 9 2015, AN ACT TO INCREASE THE AUTHORIZATION FOR WILSON COUNTY TO LEVY AN OCCUPANCY TAX.

Conference report makes the following changes to the 4th edition. 

Reinstates the requirement of the 3rd edition that the Wilson County Board of Commissioners remit one-third of the net proceeds of the room occupancy tax to the Wilson County Tourism Development Authority (Authority) to promote travel and tourism in the county and the remaining two-thirds to the City of Wilson for tourism-related expenditures specifically approved by the tourism authority. The conference report specifically allows the City of Wilson to use funds for the Gillette Athletic Complex or other sports complexes. 

Requires the City of Wilson to report quarterly and at the close of the fiscal year to the Authority on its receipts and expenditures. Requires the Authority likewise to report quarterly and at the close of the fiscal year to the board of county commissioners on its own and the city's receipts and expenditures.

Makes technical changes. 

Intro. by Bryant.Wilson
ACTIONS ON BILLS

Actions on Bills: 2015-08-04

PUBLIC BILLS

H 117: NC COMPETES ACT.

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

H 168: EXEMPT BUILDERS' INVENTORY.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 08/05/2015

H 173: OMNIBUS CRIMINAL LAW BILL.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 08/06/2015

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

    Senate: Amend Adopted A3
    Senate: Passed 3rd Reading
    Engrossed

H 267: AMEND RESPIRATORY CARE PRACTICE ACT.-AB

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

H 284: Civil Contempt/Jury Duty

    Ratified

H 289: NC MONEY TRANSMITTERS ACT.-AB

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

H 308: CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN.

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

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

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

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

    Senate: Amend Adopted A2
    Senate: Amend Adopted A3
    Senate: Amend Tabled A5
    Senate: Amend Adopted A4
    Senate: Passed 3rd Reading

H 372: MEDICAID TRANSFORMATION AND REORGANIZATION

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

H 482: EMPLOYEE FAIR CLASSIFICATION ACT.

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Appropriations

H 532: WC/TRUCK DRIVER STATUS.

    Senate: Amend Failed A1
    Senate: Passed 3rd Reading

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

    House: Concurred On 2nd Reading

H 553: ORDINANCES REGULATING ANIMALS.

    Pres. To Gov. 8/4/2015

H 556: ACHIEVING A BETTER LIFE EXPERIENCE ACT.

    Ratified

H 566: AMEND EYEWITNESS ID/SHOW-UP.

    Ratified

H 571: IMPLEMENT CLEAN POWER PLAN (NEW).

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 08/05/2015
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 08/05/2015

H 584: USE OF POSITION/LETTERS OF REFERENCE.

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

H 607: ALLOW PROTECTED CONSUMER SECURITY FREEZES.

    Pres. To Gov. 8/4/2015

H 678: AMEND INNOCENCE COMMISSION STATUTES.

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

H 724: AMEND COMPOSITION OF NC MEDICAL BOARD.

    Ratified

H 800: CLARIFY MOTOR VEHICLE DEALER LAWS.

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

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

    Ratified

H 904: STUDY DRAINAGE NEEDS/LOW-LYING AREAS (NEW).

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

H 943: CONNECT NC BOND ACT OF 2015.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/05/2015

S 199: FUNDS DEPOSITED WITH CLERK OF COURT.

    House: Passed 2nd Reading

S 273: MOTOR VEHICLE TAX: WAIVE PENALTIES/INTEREST.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Amend
    Senate: Placed On Cal For 08/05/2015

S 336: ESTATE PLANNING/UNIFORM TRUST CODE.

    Senate: Conf Report Adopted
    Senate: Ordered Enrolled

S 386: REGISTERS OF DEEDS/UCC RECORDING FEES.

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

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

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 08/06/2015

Actions on Bills: 2015-08-04

LOCAL BILLS

H 199: CERTAIN CITIES/DONATE SERVICE ANIMALS.

    Ratified
    Ch. SL 2015-174

H 394: INCREASE OPTIONS FOR LOCAL OPTION SALES TAX.

    House: Placed On Cal For 08/05/2015

H 412: DUNN ANNEXATION/HOLLY RIDGE ANNEXATION.

    House: Concurred On 2nd Reading

H 531: VARIOUS OCCUPANCY TAX CHANGES (NEW).

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

S 50: Wilson County Occupancy Tax Modification.

    Senate: Conf Com Reported
    Senate: Placed On Cal For 08/05/2015
    House: Conf Com Reported
    House: Placed On Cal For 08/05/2015

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