The Daily Bulletin: 2015-08-05

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The Daily Bulletin: 2015-08-05

PUBLIC/HOUSE BILLS
H 571 (2015-2016) IMPLEMENT CLEAN POWER PLAN (NEW). Filed Apr 2 2015, AN ACT TO REQUIRE STATE AGENCIES, BOARD, AND COMMISSIONS TO IMPLEMENT A CLEAN POWER PLAN CONSISTENT WITH THE FEDERAL CLEAN AIR ACT.

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

Amends the act's short and long titles.

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

Sets out five definitions applicable to this act for Coal-Fired Steam Emission Generating Unit, EPA, EPA Clean Power Plan, Heat Rate and State Plan. 

Prohibits State agencies, boards, or commissions from adopting rules, expending funds, or taking any other action to (1) develop a State Plan, (2) implement the EPA Clean Power Plan, or (3) adopt a carbon dioxide emission reduction plan. 

Directs the Department of Environment and Natural Resources (DENR), in consultation with the Environmental Management Commission, the Utilities Commission, and the Utilities Commission Public Staff to develop and submit a State Plan which only requires criteria to improve heat rates at affected Coal-Fired Steam Emission Generating Units. Provides that heat rate improvements can only be required if they are technically achievable and cost-effective. Directs DENR and the commissions to adopt rules as necessary for the development of the State Plan. Provides that the rules adopted above are subject to legislative review during the next regular session of the General Assembly that begins after the Rules Review Commission has approved the rules or during the session that is underway. Allows any member of the General Assembly to introduce legislation to disapprove any such rule adopted and approved by the Rules Review Commission. Specifies timelines for the introduction of such legislation. 

Sets out procedures for determining when adopted rules become effective.

Requires the Rules Review Commission to review permanent rules adopted by this act submitted to it by the end of the next month after which they were submitted.

Exempts adopted rules from the requirement that they must be certified by the Office of State Budget and Management (OSBM) or any requirements concerning preliminary review by the OSBM.

Requires the Secretary of DENR to bring action in federal court to challenge the EPA Clean Power Plan if it is inconsistent with or contrary to the federal Clean Air Act or other applicable federal law. 

Intro. by McGrady, Hager.UNCODIFIED
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, as amended. 

Amendment #5 enacts new GS 14-190.9(a5) making it a Class 2 misdemeanor for any person in a private place to willfully expose his or her private parts with the knowing intent to be seen by a person in a public place. 

Amendment #6 creates a new subsection specifying the criminal penalties for disclosure of private images for those under 18 years of age. A first offense by a person under 18 years of age is a Class 1 misdemeanor and a second offense by such a person, or any offense by a person 18 years of age or older, is a Class H felony. The amendment clarifies that a violation is an offense additional to other civil and criminal provisions and does not repeal or preclude other sanctions or remedies. It also makes technical changes. 

Intro. by Bryan.STUDY, GS 1, GS 14
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 amendments make the following changes to the 2nd edition. 

Amendment #1 inserts a new provision requiring a community college receiving proceeds of public improvement bonds and notes to provide matching local funds from county funds or other non-state funds equal to the amount of proceeds received. 

Amendment #5 requires entities receiving proceeds of public improvement bonds and notes to report not only to the Joint Legislative Capital Oversight Committee, as the 2nd edition requires, but also to the House of Representatives Appropriations Committee and the Senate Committee on Appropriations/Base Budget. 

Amendment #5 also amends the special allocation provisions to require items purchased with bond and note proceeds as part of a renovation or rehabilitation to have a useful life of or extend the life of the facility by at least 20 (was, 10) years. 

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

The Daily Bulletin: 2015-08-05

PUBLIC/SENATE BILLS
S 199 (2015-2016) FUNDS DEPOSITED WITH CLERK OF COURT. Filed Mar 9 2015, AN ACT TO INCREASE THE AMOUNT OF FUNDS IN A SINGLE ACCOUNT ON DEPOSIT WITH THE CLERK OF SUPERIOR COURT ABOVE WHICH THE EXCESS MUST BE INVESTED PURSUANT TO STATUTORY REQUIREMENTS.

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

Amends GS 7A-112(b) to require Clerks of Superior Court to invest funds that exceed $10,000 (was, $5,000) in a single account within 60 days of receipt when it is reasonably expected that the money will remain on deposit with the clerk for more than six months from date of receipt (previously, required funds in excess of $5,000 to be invested). Requires that the first $10,000 (was, first $5,000) received by a clerk and money in an account totaling less than $10,000 (was, totaling less than $5,000) be invested and administered in accordance with regulations promulgated by the Administrative Officer of the Courts. 

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

Intro. by Randleman.GS 7A
S 429 (2015-2016) LABOR/2015 TECHNICAL & CONFORMING CHANGES. Filed Mar 25 2015, AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER CHANGES TO THE LABOR LAWS OF NORTH CAROLINA.

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

Amends the long title.

Makes conforming changes to the powers and duties of the Commissioner of Labor (Commissioner) reflecting the repeal of the Board of Boiler and Pressure Vessels Rules. Makes additional conforming changes to GS 95-69.9, GS 95-69.14, and GS 95-69.16, also reflecting the repeal of the Board of Boiler and Pressure Vessels Rules.

Deletes limiting language in GS 95-7 which allowed only the Commissioner to have the power to examine witnesses and compel the attendance of witnesses to give testimony and produce documents for the purposes of securing specified statistical details. 

Amends GS 95-25.5, which limits the employment of minors in places that hold an ABC permit for on-premises sale or consumption of alcoholic beverages to allow those under 18 to be employed to sell alcoholic beverages at the point of the sale for off-premises consumption. 

Makes technical changes. 

Intro. by Brock.GS 95

The Daily Bulletin: 2015-08-05

LOCAL/HOUSE BILLS
H 394 (2015-2016) INCREASE OPTIONS FOR LOCAL OPTION SALES TAX. Filed Mar 30 2015, AN ACT TO AUTHORIZE ASHE, COLUMBUS, FRANKLIN, HOKE, NASH, ROBESON, RICHMOND, RUTHERFORD, SCOTLAND, AND WATAUGA COUNTIES TO USE THE PROCEEDS OF THE LOCAL GOVERNMENT SALES AND USE TAX FOR PUBLIC TRANSPORTATION FOR SCHOOL CONSTRUCTION IN LIEU OF PUBLIC TRANSPORTATION.

House amendment makes the following changes to the 1st edition.

Extends the scope of the act so that the act also applies to Franklin, Nash, and Rutherford counties. Makes a conforming change to the act's long title.

Intro. by Goodman, Waddell, Pierce, C. Graham.Franklin, Nash, Robeson, Rutherford
H 504 (2015-2016) MOORE COUNTY OCCUPANCY TAX INCREASE. Filed Apr 1 2015, AN ACT TO AUTHORIZE MOORE COUNTY TO LEVY AN ADDITIONAL OCCUPANCY TAX.

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

Removes an exception to the occupancy tax for accommodations furnished by nonprofit charitable, educational, or religious organizations when furnished in furtherance of their nonprofit purpose. Requires that the Moore County Tourism Development Authority use at least two-thirds of the tax proceeds for promotion of travel and tourism and the remainder for tourism-related expenditures (was, remainder used for activities related to a regional sports complex in the county).

Makes technical changes. 

Intro. by Boles.Moore

The Daily Bulletin: 2015-08-05

LOCAL/SENATE BILLS
S 156 (2015-2016) MT. GILEAD CHARTER REVISION & CONSOLIDATION. Filed Mar 3 2015, AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF MOUNT GILEAD.

House committee substitute amends the 2nd edition as it pertains to recall of elected officials. Requires recall petitions to be signed by 25% of the qualified voters of the town as shown by the registration records of the last preceding municipal election (was, signatures of 25% of voters who voted as the last such election). 

Intro. by Bingham.Montgomery
ACTIONS ON BILLS

Actions on Bills: 2015-08-05

PUBLIC BILLS

H 13: AMEND SCHOOL HEALTH ASSESSMENT REQUIREMENT.

    Senate: Conf Com Appointed

H 117: NC COMPETES ACT.

    Senate: Sequential Referral To Appropriations/Base Budget Added

H 134: SOLICITING PROSTITUTION/IMMUNITY FOR MINORS.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-183

H 168: EXEMPT BUILDERS' INVENTORY.

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

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

    Signed by Gov. 8/5/2015
    Ch. SL 2015-178

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

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

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

    Signed by Gov. 8/5/2015
    Ch. SL 2015-184

H 186: CAPE FEAR WATER RESOURCES AVAILABILITY STUDY.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-196

H 215: PROCEDURE FOR WAIVER OF JURY TRIAL.

    Senate: Conf Com Appointed

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

    Signed by Gov. 8/5/2015
    Ch. SL 2015-185

H 267: AMEND RESPIRATORY CARE PRACTICE ACT.-AB

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

H 284: Civil Contempt/Jury Duty

    Pres. To Gov. 8/5/2015

H 308: CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 08/06/2015

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

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

H 372: MEDICAID TRANSFORMATION AND REORGANIZATION

    Senate: Sequential Referral To Appropriations/Base Budget Added
    Senate: Sequential Referral To Appropriations/Base Budget Added
    Senate: Sequential Referral To Appropriations/Base Budget Added

H 383: CLARIFY STATUTORY SCHEME/SEX OFFENSES.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-181

H 397: CLARIFY PROTECTIONS/EXPLOITATION OF ELDERS.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-182

H 446: AMEND STATUTES GOVERNING BAIL BONDSMEN.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-180

H 482: EMPLOYEE FAIR CLASSIFICATION ACT.

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

H 529: NC DRIVERS LICENSE RESTORATION ACT.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-186

H 532: WC/TRUCK DRIVER STATUS.

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

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

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

H 553: ORDINANCES REGULATING ANIMALS.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-192

H 556: ACHIEVING A BETTER LIFE EXPERIENCE ACT.

    Pres. To Gov. 8/5/2015

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

    Senate: Conf Com Appointed

H 562: AMEND FIREARM LAWS.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-195

H 566: AMEND EYEWITNESS ID/SHOW-UP.

    Pres. To Gov. 8/5/2015

H 571: IMPLEMENT CLEAN POWER PLAN (NEW).

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

H 584: USE OF POSITION/LETTERS OF REFERENCE.

    Ratified

H 607: ALLOW PROTECTED CONSUMER SECURITY FREEZES.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-193

H 638: CAPITALIZE ON WETLAND MITIGATION.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-194

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

    Signed by Gov. 8/5/2015
    Ch. SL 2015-200

H 721: SUBDIVISION ORDINANCE/LAND DEVELOP. CHANGES.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-187

H 724: AMEND COMPOSITION OF NC MEDICAL BOARD.

    Pres. To Gov. 8/5/2015

H 774: RESTORING PROPER JUSTICE ACT.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-198

H 792: PRIVACY/PROTECTION FROM REVENGE POSTINGS.

    Senate: Amend Adopted A5
    Senate: Amend Adopted A6
    Senate: Passed 3rd Reading
    Engrossed

H 797: ALARM REGISTRATION INFO NOT PUBLIC RECORD.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-189

H 800: CLARIFY MOTOR VEHICLE DEALER LAWS.

    Ratified

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

    Pres. To Gov. 8/5/2015

H 823: ESTABLISH ADVISORY COUNCIL ON RARE DISEASES.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-199

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

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

H 943: CONNECT NC BOND ACT OF 2015.

    House: Amend Adopted A1
    House: Amendment Ruled Out of Order A2
    House: Amend Failed A3
    House: Amend Failed A4
    House: Amend Adopted A5
    House: Passed 2nd Reading
    House: Ordered Engrossed

S 37: WAIVE TUITION/FALLEN OFFICER WAS GUARDIAN.

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

S 82: VITAL RECORDS INTEGRITY ACT.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-197

S 182: AUTOMATIC LICENSE PLATE READERS.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-190

S 183: ELIMINATE CRVS FOR MISDEMEANANTS.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-191

S 192: CITATIONS/SHERIFFS ACCEPT FAXES.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-176

S 199: FUNDS DEPOSITED WITH CLERK OF COURT.

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

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

    Senate: Concurred In H Amend S273v1
    Senate: Ordered Enrolled

S 336: ESTATE PLANNING/UNIFORM TRUST CODE.

    Ratified

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

    Signed by Gov. 8/5/2015
    Ch. SL 2015-188

S 374: MODIFY FOR-HIRE LICENSE LOGBOOK REQUIREMENT.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-201

S 386: REGISTERS OF DEEDS/UCC RECORDING FEES.

    Ratified

S 429: LABOR/2015 TECHNICAL & CONFORMING CHANGES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/06/2015

S 607: TAXPAYER PROTECTION ACT. (NEW)

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

S 678: AMEND DEBT COLLECTION STATUTES.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-177

S 679: NC CONSUMER FINANCE ACT AMENDMENTS.

    Signed by Gov. 8/5/2015
    Ch. SL 2015-179

Actions on Bills: 2015-08-05

LOCAL BILLS

H 394: INCREASE OPTIONS FOR LOCAL OPTION SALES TAX.

    House: Amend Adopted A1
    House: Ruled Material

H 412: DUNN ANNEXATION/HOLLY RIDGE ANNEXATION.

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

H 504: MOORE COUNTY OCCUPANCY TAX INCREASE.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

S 50: Wilson County Occupancy Tax Modification.

    Senate: Conf Report Adopted
    House: Conf Rpt Withdrawn
    House: Cal Pursuant Rule 36(b)

S 156: MT. GILEAD CHARTER REVISION & CONSOLIDATION.

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

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