The Daily Bulletin: 2015-09-16

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The Daily Bulletin: 2015-09-16

PUBLIC/HOUSE BILLS
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 4th edition.

Amends the short and long titles.

Deletes proposed changes made to GS 58-2-70, which added pharmacy benefits manager to the list of individuals for which the civil penalties apply for violations of the provisions of GS Chapter 58 (Insurance).

Enacts new GS 58-56A-10, Civil penalties for violations; administrative procedure, to Article 56A of Chapter 58, which specifically concerns the management of pharmacy benefits, subjecting pharmacy benefits managers to civil penalties for specified violations, if such violations are deemed to be a general business practice. More specifically, provides for the Commissioner of Insurance to assess monetary penalties or petition the Wake County Superior Court for an order of restitution. Specifies that monetary penalties can range from $100 to $1,000 per day per prescription drug for each prescription found to be improperly reimbursed. Allows the Commissioner of Insurance to petition for restitution to the victim or for the reimbursement of Department costs related to the investigation and hearing. Also allows the Commissioner of Insurance to contract with consultants and other professionals for the purposes of such investigations and hearings. Effective July 1, 2016.

Enacts new GS 131E-13(h), concerning the lease or sale of a hospital by a municipality or hospital authority, providing that a municipality or hospital authority can solicit additional, new prospective lessees or buyers if all specified sale requirements have been complied with and after good faith negotiations no lease, sale, or conveyance has been approved. Provides that such solicitation cannot occur before 120 days have passed since the public hearing concerning the transaction was held. Provides that, once new lessees or buyers have been solicited, any lease, sale, or conveyance can be approved without repeating compliance with the initial requirements for such a transaction. Sets out the following four exceptions to approving a transaction without repeating compliance requirements: (1) requiring providing information concerning charges, services, and indigent care at similar facilities currently owned or operated by the proposed lessee or buyer; (2) requiring that the municipality or authority declares its intent to approve the transaction at a meeting held on 10 day's public notice as specified; (3) not approving the transaction until 10 days have passed since the meeting required above; and (4) making the proposed contract available to the public at least 10 days before the above required meeting.

Amends GS 131E-76, the definitions for use in the Hospital Licensure Act, adding and defining existing hospital to mean a hospital that currently or within the last 24 months has (1) held or voluntarily surrendered a hospital license, (2) serves or served patients, (3) is or was staffed, and (4) has or had appropriate equipment. 

Provides that existing hospitals as defined above are deemed operational for the purposes of the Hospital Licensure Act and are exempt from certificate of need review if written notice is received by the Division of Health Service Regulation from the hospital that it will be opening within 36 months of the notice. 

Repeals GS Chapter 90, Article 1E (Certificate of Public Advantage) and GS Chapter 131E, Article 9A (Certificate of Public Advantage). Effective January 1, 2017. 

Intro. by C. Graham.GS 58, GS 130A, GS 131E
H 44 (2015-2016) LOCAL GOVERNMENT REGULATORY REFORM 2015. (NEW) Filed Feb 3 2015, AN ACT TO REFORM VARIOUS PROVISIONS OF THE LAW RELATED TO LOCAL GOVERNMENT.

New conference report makes the following changes to the 3rd edition.

Section 2 recodifies proposed GS 153A-145.3 as GS 153A-145.6 and establishes new catchlines for GS 153A-145.6 (counties) and GS 160A-205.1(municipalities). Further amends both proposed sections to provide that cities and counties are prohibited from requiring compliance with a state department or agency's voluntary regulation or rule as well specified rules from the Environment Management Commission that have been delayed by the General Assembly (previously, did not include rules delayed by the General Assembly).  Specifies that the statutes apply to regulations and rules (1) currently in effect, (2) repealed or expired, (3) temporarily or permanently held in abeyance, or (4) those adopted but not yet effective (previously, applied to those enacted but not yet effective). Adds language providing that the above provisions do not apply to water usage restrictions during extreme or exceptional drought conditions.

Section 3 deletes proposed changes made to GS 160A-360.1 which provided three options for applying ordinances that the owner of a development tract may choose from when an ordinance under GS Chapter 160A, Article 19, Planning and Regulation of Development, applied to a development tract lying partly within municipal corporate limits and partly within the county and more than 50% of the tract is outside of the municipal corporate limits.

Adds a new section amending GS 160A-365, enforcement of ordinances, to require cities and property owners to certify that any enforcement or application of a city ordinance concerning development regulation outside the territorial jurisdiction of a city is not being done under coercion or on the basis or representation that the city would not approve of specified land use planning from the property owner if the city ordinance was not enforced outside the territorial jurisdiction of the city. 

**Note: the changes made in Section 3.5 differ from those made by the previously reported conference report. Section 3.5 makes the following changes. Makes clarifying changes to GS 87-97(e) providing that the issuance of a determination on whether or not a proposed drinking water well can be constructed or repaired must be issued within 30 days of receipt of an application for such, must be made in accordance with GS 87-97.1 and GS 87-97.2. This section becomes effective December 1, 2015, and applies to permits issued on or after that date.  

Deletes proposed GS 87-97(m) which required the local health department, after receiving an application for a construction permit for a new private drinking water well, and before issuing the permit, to determine if the property is within a jurisdictional area served by a public water system and take one of three specified actions.

Enacts GS 87-98.14, reciprocity, allowing well contractors licensed or certified in other states, that present valid proof of such licensure or certification, to sit for examination for the same or equivalent in NC without delay. Requires the furnishing of satisfactory proof that the qualifications of such applicants are equal to those similarly licensed or certified in NC. This section becomes effective December 1, 2015, and applies to permits issued on or after that date.

Enacts new GS 87-97.1, issuance of permit for irrigation water well, providing that a property owner can apply for and be issued a permit for an irrigation water well whether or not the property is connected to, or served by, a public water system, unless the public authority or government operating it is being assisted by the Local Government Commission. Specifies certain requirements for such an application and defines irrigation water well. The section becomes effective on August 1, 2016.

Enacts new GS 87-97.2, issuance of permit for property within service area of a public water system, allowing property owners to apply for and be issued permits for private drinking water wells if (1) the well will serve undeveloped or unimproved property located on property that is served by a public water system or (2) the public water system has not installed water lines directly to the property or at this time cannot provide water services at the time the owner desires water service. Provides that permitted property owners cannot be required to connect to public water systems as long as the permitted well is in compliance and in use. Specifies when a private drinking well can remain in operation after connection to a public water system. Also sets out when public water systems can mandate connection, including when a private drinking well has failed and cannot be repaired, the well is contaminated or likely to be contaminated, the public authority operating the public system is being assisted by the Local Government Commission, or the public authority is in the process of expanding or repairing the water system and is actively making progress toward having lines installed and available within 24 months of the permit application (this last authority to mandate connection expires on July 1, 2017). The section becomes effective on August 1, 2016.

Amends GS 153A-284 (counties) and GS 160A-317 (municipalities) to provide that when developed property is located where it can be served by city or county water lines, and the property owner has connected to that water line, any private water wells can continue to be used for nonpotable purposes so long as the well is not interconnected to the city or county water line. Prohibits cities or counties from requiring property owners to abandon, cap or otherwise compromise the integrity of the well. The section becomes effective on August 1, 2016.

Amends GS 130A-55(16)a (concerning local sanitary district boards), GS 162A-6(a)(14d) and GS 162A-14(2)d (both concerning water and sewer authorities) adding provisions which provide that property owners of developed property that have private water wells but have connected to water lines can continue to use the private water well for nonpotable purposes, as long as it is not interconnected to the authority's water line. Also prohibits authorities from requiring property owners to abandon, cap or otherwise compromise the integrity of the well. The section becomes effective on August 1, 2016.

Section 4 makes organizational changes to the proposed changes for GS 153A-340 and GS 160A-381, concerning fence wraps that display signage. Provides that such fence wrap on perimeter fences at a construction site are exempt from the specified zoning regulations pertaining to signage until a certificate of occupancy is issued for the final portion of construction at that site or until 24 months (was, 36 months) from the time the fence wrap was installed, whichever is shorter. Also provides that if construction has not been completed at that sight after 24 months (was, 36 months), then cities or counties can regulate such signage but must continue to allow fence wrapping materials on the perimeter fencing. 

Section 6 makes the following changes.

Makes technical corrections.

Amends GS 115C-441 (concerning obligations incurred by a local school administrative unit) by adding that nothing in the statute requires a contract to be in writing.  Makes conforming and clarifying changes. Requires the procedures established by the finance officer to assure compliance with the statute, and with the provisions of the statute concerning disbursements, to be in accordance with rules adopted by the Local Government Commission. Expands the methods by which a local school administrative unit may pay a bill, invoice, salary, or other claim, to add (1) electronic payment or an electronic funds transfer originated by the local school administrative unity through an official depository, and (2) cash, if the local school administrative unit has adopted a policy authorizing the use of cash, and specifying the limits of the use of cash. Makes related conforming and technical changes.  Adds a provision making an electronic payment or electronic funds transfer subject to the preaudit process according to the statute and any rules adopted by the Local Government Commission. Sets out three exemptions to the certifications required for preaudits and disbursements made by check or draft on an official depository.  Defines the terms electronic funds transfer and electronic payment. Makes additional clarifying and technical changes, including making language gender neutral.

Changes the effective date of all of Section 6 from July 1, 2015, to October 1, 2015.

Section 7 deletes the proposed amendments to GS 136-66.1, pertaining to reduction of lanes, and replaces it with an amendment to the North Carolina Unclaimed Property Act. Amends GS 116B-72 to include new subsection (g) allowing the Treasurer of the State of North Carolina to utilize reliable external data, including electronic databases, when examining records of a person to determine compliance with the act.

Section 8 amends proposed GS 106-645, preventing counties and cities from adopting ordinances prohibiting a person or entity from owning five or fewer beehives. The conference report adds that cities may adopt an ordinance permitting up to five hives so long as the ordinance regulates certain specified placement, setback, height, and removal conditions. Adds a definition of “hive.”

Section 10 makes technical changes and changes amended GS 130A-248(e) pertaining to prototype franchise plans for food establishments. Once the state Department of Health and Human Services approves a plan, a local health department’s suggested revisions need not necessarily come at the request of the franchise owner or operator. The conference report allows a local health department to impose its suggestions with written approval from the department.

Section 12 amends proposed GS 153A-147 and GS 160A-499.4 to require a county or city to notify property owners 15 days (was, 30 days) prior to commencement of a construction project and creates a new exception from the requirement when notice is given in any open meeting.

Section 13 replaces the 3rd edition’s riparian buffer reform with the following. Repeals GS 143-214.23 (e1) and replaces it with GS 143-214.23A. The proposed statute prohibits a local government from enacting an ordinance that establishes a riparian buffer requirement that exceeds requirements necessary to comply with a federal or state law or agency. The proposed statute includes an exception for certain local ordinances enacted prior to August 1, 1997, and creates a process by which a local government may request from the North Carolina Environmental Management Commission an exception allowing it to enact an ordinance to protect water quality. Proposed GS 143-214.23A clarifies that private property owners may use buffer land to satisfy development-related regulatory requirements including density and intensity calculations, tree conservation purposes, open space or conservation requirements, and perimeter buffers. Requires that the riparian buffer area be shown on the recorded plat when riparian buffer requirements are included within a lot. The proposed statute provides that the Environmental Management Commission may adopt rules to enforce the new section.

Allows a local government ordinance that establishes a riparian buffer requirement for the protection of water quality that exceeds riparian buffer requirements that are necessary to comply with or implement federal or State law or a condition of a permit, certificate, or other approval issued by a federal or State agency that is in effect on October 1, 2015, to remain in effect and enforceable until January 1, 2017. Provides that if the local government ordinance is authorized by the Environmental Management Commission under new GS 143-214.23A(d) on or before January 1, 2017, the ordinance may continue to be in effect and enforceable, but if the local government ordinance is not authorized on or before that date, the ordinance shall no longer be in effect or enforceable.

Requires the Environmental Management Commission, with the assistance of the Department of Environment and Natural Resources, to study ways to provide regulatory relief from the impacts of riparian buffer rules adopted to implement the State's Riparian Buffer Protection Program for parcels of land that were platted on or before the effective date of the applicable riparian buffer rule, including examining ways to fairly provide properties with relief where a change in use has occurred that would otherwise trigger the requirements of the riparian buffer rules. Requires a report on the study results to the Environmental Review Commission by April 1, 2016.

Provides that for purposes of implementing 15A NCAC 02B .0233 (Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers) and 15A NCAC 02B .0259 (Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers), Zone 1 of a protective riparian buffer for coastal wetlands begins at the most landward limit of the normal high water level or the normal water level, as appropriate.  Defines coastal wetlands as any salt marsh or other marsh subject to regular or occasional flooding by tides whether or not the tidewaters reach the marshland areas through natural or artificial watercourses, provided this shall not include hurricane or tropical storm tides.  Requires the Environmental Management Commission to adopt temporary rules to amend its rules consistent with these provisions.

Requires the Environmental Management Commission to amend its rules for the protection of existing riparian buffers to provide for the case-by-case modification of the requirement for maintaining woody vegetation in the riparian buffer area upon a showing by a landowner that alternative measures will provide equal or greater water quality protection. Requires the Environmental Management Commission shall adopt temporary rules to amend its rules consistent with these provisions.

Effective October 1, 2015.

Deletes proposed Section 17 concerning inspections of components or elements of buildings certified by licensed architects or licensed engineers.

Intro. by Conrad, Lambeth, Hanes, Terry.STUDY, GS 87, GS 106, GS 115C, GS 116B, GS 130A, GS 143, GS 153A, GS 159, GS 160A, GS 162A
H 173 (2015-2016) OMNIBUS CRIMINAL LAW BILL. Filed Mar 9 2015, AN ACT TO AMEND VARIOUS CRIMINAL LAWS FOR THE PURPOSE OF IMPROVING TRIAL COURT EFFICIENCY.

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

Deletes the provisions of (1) Part VI, which provided that the requirement for a person convicted of sexual battery to register as a sex offender was at the court's discretion and (2) Part XII, which amended certificate of relief.

Adds a new Part XIII, which makes the following changes. Amends the educational requirements for runners and bail bondsmen to require the pre-licensing education and continuing education to be provided by an approved provider instead of by the North Carolina Bail Agents Association. Makes conforming changes. Prohibits authorizing educational courses to be offered solely online. Amends GS 58-71-1 to define an approved provider as a person or entity whose certificate of authority to provide either bail bond continuing education or pre-licensing courses in the state was in effect on May 15, 2015, and remains in effect. This Part is effective October 1, 2015.

Intro. by Stam, Faircloth, Glazier, Turner.GS 7A, GS 7B, GS 8C, GS 14, GS 15A, GS 20, GS 58
H 361 (2015-2016) Principle-Based Reserving/Revise Ins. Laws Filed Mar 25 2015, AN ACT TO PROVIDE FOR PRINCIPLE‑BASED VALUATION IN THE LIFE INSURANCE STANDARD VALUATION LAW AND STANDARD NONFORFEITURE PROVISIONS IN THE NORTH CAROLINA INSURANCE LAW; TO MAKE CONFORMING AND CLARIFYING CHANGES TO THE LAWS GOVERNING PROFESSIONAL EMPLOYER ORGANIZATIONS, INSURANCE COMPANY DEPOSITS, CONTINUING CARE RETIREMENT COMMUNITIES, HEALTH INSURANCE EXTERNAL REVIEW, AND INSURANCE COMPANY NAMES; TO REVISE INSURANCE POLICY RENEWAL PROVISIONS; TO AMEND THE DEFINITION OF SMALL EMPLOYER; AND TO MAKE TECHNICAL CORRECTIONS.

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

Changes the short and long titles. 

Amends GS 58-89A-60(d) to remove the requirement of a recent photograph from applications to the Commissioner of Insurance for professional employer services licensure.

Amends GS 58-5-55(a) to require domestic security deposits from nonstock insurance companies (current law refers only to stock insurance companies).

Amends GS 58-64-80 to update a reference to the North Carolina Association of Nonprofit Homes for the Aging with reference to LeadingAge North Carolina.  

Amends GS 58-50-82 to require insurers in an expedited external review to provide requested information within one day (current law is one business day) after the Commissioner makes a request. This amendment become effective on January 1, 2016. 

Amends GS 58-3-50, a requirement that companies do business in their own names, to allow for insurance policies issued by more than one company and to require clear identification of the company responsible for each coverage.  

Creates new subsection in GS 58-41-20, imposing certain conditions on an insurer's refusal to renew a policy, to clarify that delivery of a policy superseding a previously issued policy is not a refusal to renew when it is delivered by specified entities.

Amends GS 58-50-110 to conform the definition of small employer to the definition under federal law, effective January 1, 2016. 

Amends SL 2015-146 to clarify that all of Part I, making insurance holding company system regulatory act changes, is effective July 1, 2015. Makes Section 3, which concerns corporate governance requirements for risk retention groups, effective when the act becomes law.

Amends SL 2015-101 to make the following sections effective January 1, 2017, instead of when the act becomes law: (1) Section 4, amending GS 58-21-65; (2) Section 5, amending GS 58-21-70; and (3) Section 6, amending GS 58-21-85.

Makes organizational changes to the bill.

Intro. by Collins, Tine, Setzer.GS 58
H 482 (2015-2016) EMPLOYEE FAIR CLASSIFICATION ACT. Filed Apr 1 2015, AN ACT TO ENACT THE EMPLOYEE FAIR CLASSIFICATION ACT.

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

Amends proposed GS 143-763 to state that the director of the Employee Classification Division should ensure that the advisory council meets as often as needed and no less frequently than on a quarterly basis. Makes the statute effective when it becomes law.

Removes the two additional factors included in the 4th edition for proposed GS 143-764, governing determination of independent contractor status. The factors were (1) whether an individual had a substantial investment in equipment or tools required to perform the contracted work and (2) whether the individual had the opportunity for profit or loss. Also removes the phrase "subject to customer requirements" in a factor pertaining to an individual's control of his or her own time. 

Reverts to the 3rd edition's statement of intent to comply with specified case law by declaring that other factors consistent with the holding of the case may be considered. 

Amends proposed GS 143-765 to state that willful or reckless employee misclassification is a violation of the article. Creates a new process through which an employer may contest the Employee Classification Division's determination that it has committed a violation by providing for appeals to the Industrial Commission and thereafter to the North Carolina Court of Appeals. Requires the Industrial Commission to adopt rules to implement this change. 

Requires in GS 95-25.15(c) that certain information required in a poster summarizing the Article be presented in plain language. 

Removes from the proposed amendments to GS 87-11 (general contractors), GS 87-23 (plumbing and other contractors), and GS 87-47 (electrical contractors) a requirement that a violation giving rise to license revocation or suspension be willful. Makes a similar adjustment to the proposed amendment to GS 143-59.2, governing actions that disqualify certain vendors from contracting with the State.  

Includes certain newspaper, shopping news, and magazine distributors in the definition of employment in GS 96-1, pertaining to unemployment insurance, and removes a rebuttable presumption that these workers are not employees from GS 97-2, pertaining to workers' compensation. 

Removes two sections making appropriations from the General Fund to the Department of Revenue. 

Makes technical and conforming changes. Moves forward the effective date of proposed sections governing definitions and records confidentiality from January 1, 2016, to the date they become law.

Intro. by Pendleton, Blust, Szoka.GS 87, GS 95, GS 96, GS 97, GS 105, GS 143, GS 153A, GS 160A

The Daily Bulletin: 2015-09-16

PUBLIC/SENATE BILLS
S 279 (2015-2016) AMEND QUAL./COUNSELING/LOCAL PREEMPTION. (NEW) Filed Mar 12 2015, AN ACT AMENDING THE PROFESSIONAL COUNSELORS ACT TO MODIFY EDUCATIONAL QUALIFICATIONS FOR THE PRACTICE OF COUNSELING AND TO REQUIRE LOCAL BOARDS OF EDUCATION TO ADDRESS SEX TRAFFICKING PREVENTION AND AWARENESS.

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

Amendment #1 makes the following changes.

Amends requirements for licensure as a "licensed professional associate" for applicants that apply from March 1, 2016, through June 30, 2022, providing that if the applicant enrolled in one of the specified master's degree programs before July 1, 2013, but after June 30, 2009 (was, before July 1, 2013, but after July 30, 2009), a minimum of 54 semester hours or 81 quarter credit hours is required.

Amends GS 115C-81(e1)(4) to require that information given in a local school administrative unit's reproductive health and safety education program be based on scientific evidence accepted by professional and credentialed experts in sexual health education, adolescent psychology, behavioral counseling, medicine, human anatomy, biology, ethics, or health education (previously, only required acceptance by professionals and credentialed experts). 

Amends GS 115C-81(e1)(4a) to provide that the part of instruction in a local school administrative unit's reproductive health and safety education program that teaches about sexually transmitted diseases, FDA-approved contraceptive methods, sexual assault and abuse awareness, and sex trafficking prevention and awareness must be based on scientific research that is peer reviewed and accepted by professionals and credentialed experts in the field of sexual health education (previously, only required that the research be accepted by professionals and credentialed experts). Makes all of Section 4 effective when the bill becomes law, applying beginning with the spring semester of the 2015-16 school year. 

Provides that effective January 1, 2016, applying to the 2016-17 school year, the part of instruction in a local school administrative unit's reproductive health and safety education program that teaches about sexually transmitted diseases, FDA-approved contraceptive methods, sexual assault and abuse awareness, and sex trafficking prevention and awareness can be based on scientific research that is peer reviewed and accepted by professional and credentialed experts in the field of sexual health education, adolescent psychology, behavioral counseling, medicine, human anatomy, biology, ethics, or health education (previously, only allowed scientific research to be accepted by professional and credentialed experts in sexual health education). 

Amendment #2 makes the following changes.

Amends GS 115C-81(e1)(4a) to require that in teaching about sex trafficking prevention and awareness, each local school administrative unit must collaborate with a diverse group of outside consultants when practical (previously, only required collaboration with outside consultants). 

Intro. by Barefoot.GS 90, GS 115C

The Daily Bulletin: 2015-09-16

LOCAL/HOUSE BILLS
H 188 (2015-2016) TRUSTEE APPOINTMENTS/ISOTHERMAL COMM. COLL. Filed Mar 10 2015, AN ACT TO CHANGE THE MANNER OF SELECTION OF CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF ISOTHERMAL COMMUNITY COLLEGE.

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

Amends the commencement date for the staggered terms of the trustees elected to the board of trustees of Isothermal Community College by the Rutherford County Commissioners and the Polk County Commissioners. Provides that each specified term and appointment is to be moved up one year in the future, beginning with terms that were set to begin on July 1, 2015, now being set for July 1, 2016, so forth and so on. 

Makes conforming changes to the effective date provisions. 

Intro. by Hager.Rutherford, GS 115D
H 503 (2015-2016) MOORE CO. COMM. AND BD. OF ED. CHANGES (NEW). Filed Apr 1 2015, AN ACT TO ALLOW THE MOORE COUNTY BOARD OF COMMISSIONERS TO REDISTRICT THEIR RESIDENCY DISTRICTS AND TO REDUCE THE SIZE OF THE MOORE COUNTY BOARD OF EDUCATION FROM EIGHT MEMBERS TO SEVEN.

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

Changes the short and long titles. 

Reduces the size of the Moore County Board of Education from eight members to seven, notwithstanding provisions of SL 1997-389. The board will consist of five members residing in each of five electoral districts and elected by the county at large, as well as two at-large members representing the entire county. The committee substitute contains provisions for staggered terms. The act applies to elections held in 2016 and after, and the board composition becomes effective the first Monday in December 2016.

Intro. by Boles.Moore, GS 153A
H 527 (2015-2016) OMNIBUS LOCAL ACT (NEW). Filed Apr 1 2015, AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE MUNICIPALITIES OF STANLY COUNTY SHALL BE HELD IN EVEN-NUMBERED YEARS; TO EXTEND THE TERM OF OFFICE FOR THE MAYOR OF THE CITY OF ALBEMARLE FROM TWO YEARS TO FOUR YEARS; TO AMEND THE CHARTER OF THE CITY OF RALEIGH TO AUTHORIZE THE CITY TO SELL, EXCHANGE, OR OTHERWISE TRANSFER REAL PROPERTY; TO CLARIFY THE BOARD VOTING RULES FOR THE ELIZABETH CITY-PASQUOTANK BOARD OF EDUCATION; AND TO ADD DARE, GATES, AND HYDE COUNTIES TO THE LIST OF COUNTIES COVERED BY G.S. 153A-15.

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

Changes the short and long titles. 

Amends the Albemarle City Charter, SL 1979-259, to provide for a five-year term for mayor in 2015 (was, three-year term), and four-year terms (was, two-year terms) thereafter. Makes technical changes to the provisions governing term length for city council members. 

Amends the Raleigh City Charter, SL 1949-1184, as amended, providing for the city to convey real property by public sale or by negotiated private sale for economic development or other purposes, pursuant to a resolution of the city council. Requires 10 days notice before adoption of the resolution.

Amends SL 29-3, as amended, clarifying the authority of the chair and vice-chair of the Elizabeth City-Pasquotank Board of Education to cast votes and break tie votes.

Amends GS 153A-15 to also include Dare, Gates, and Hyde counties among those counties whose board of commissioners must consent before land may be condemned or acquired by a unit of local government outside the county.

Intro. by Burr.Dare, Gates, Hyde, Pasquotank, Stanly, Wake

The Daily Bulletin: 2015-09-16

ACTIONS ON BILLS

Actions on Bills: 2015-09-16

PUBLIC BILLS

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

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 44: LOCAL GOVERNMENT REGULATORY REFORM 2015. (NEW)

    Senate: Conf Rept Withdrawn
    House: Conf Rpt Withdrawn
    House: Conf Rpt Withdrawn
    Senate: Placed On Cal For 09/17/2015
    House: Conf Com Reported
    House: Placed On Cal For 09/17/2015

H 97: 2015 APPROPRIATIONS ACT.

    Senate: Conf Report Adopted 3rd

H 173: OMNIBUS CRIMINAL LAW BILL.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

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

    Ratified

H 361: Principle-Based Reserving/Revise Ins. Laws

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 373: ELECTIONS. (NEW)

    Senate: Conf Com Appointed
    Senate: Conf Com Appointed

H 482: EMPLOYEE FAIR CLASSIFICATION ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 540: BILLY GRAHAM/NATIONAL STATUARY HALL.

    Senate: Reptd Fav

H 709: NCNG TUITION ASSISTANCE BENEFIT AMENDMENT.

    Senate: Reptd Fav

H 712: PILOT PROJECT/USED NEEDLE DISPOSAL.

    Senate: Reptd Fav

H 792: PRIVACY/PROTECTION FROM REVENGE POSTINGS.

    Senate: Conf Report Adopted
    House: Ordered Enrolled

H 874: CITIES/AVAILABILITY CHARGE/IMPROVED PROPERTY.

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

H 944: REV. BILLY GRAHAM FOR POSTAGE STAMP.

    House: Placed On Cal For 09/17/2015

S 238: STALKING BY GPS/CRIMINAL OFFENSE.

    Senate: Conf Com Appointed

S 279: AMEND QUAL./COUNSELING/LOCAL PREEMPTION. (NEW)

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Special Message Sent To Senate

S 400: SCHOOL ACCESS FOR BOY SCOUTS/GIRL SCOUTS. (NEW)

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

Actions on Bills: 2015-09-16

LOCAL BILLS

H 112: STANLY CO BD OF ED ELECTION METHOD.

    Senate: Reptd Fav

H 188: TRUSTEE APPOINTMENTS/ISOTHERMAL COMM. COLL.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 503: MOORE CO. COMM. AND BD. OF ED. CHANGES (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 527: OMNIBUS LOCAL ACT (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 875: RESTRICT MUNICIPAL EMINENT DOMAIN.

    Senate: Reptd Fav

S 215: ABOLISH BRUNSWICK COUNTY CORONER.

    Senate: Reptd Fav

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