The Daily Bulletin: 2015-09-22

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The Daily Bulletin: 2015-09-22

PUBLIC/HOUSE BILLS
H 272 (2015-2016) APPOINTMENTS BILL 2015 (NEW). Filed Mar 17 2015, AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE MINORITY LEADER OF THE SENATE.

House committee substitute deletes the provisions of the 1st edition and replaces it with the following. 

Appoints persons for specified terms to the following offices, boards, and commissions upon the recommendation of the Speaker of the House of Representatives: the African-American Heritage Commission; North Carolina Arboretum Board of Directors; Agricultural Finance Authority; Alarm Systems Licensing Board; North Carolina Brain Injury Advisory Council; State Building Commission; North Carolina Cemetery Commission; Centennial Authority; North Carolina Charter Schools Advisory Board; Childcare Commission; State Board of Chiropractic Examiners; Clean Water Management Trust Fund Board of Trustees; Coastal Resources Commission; North Carolina Code Officials Qualifications Board; North Carolina State Board of Cosmetic Art Examiners; Crime Victims Compensation Commission; North Carolina Criminal Justice Education and Training Standards Commission; Criminal Justice Information Network Governing Board; North Carolina Board of Dietetics/Nutrition; Disciplinary Hearing Commission of the North Carolina State Bar; Dispute Resolution Commission; Domestic Violence Commission; North Carolina Emergency Medical Services Advisory Council; Environmental Management Commission; Board of Directors of the North Carolina Global TransPark Authority; Home Inspector Licensure Board; North Carolina Housing Finance Agency Board of Directors; North Carolina Housing Partnership; Board of Directors of the North Carolina Institute of Medicine; North Carolina Irrigation Contractors' Licensing Board; Justus-Warren Heart Disease and Stroke Prevention Task Force; North Carolina Locksmith Licensing Board; Judicial Standards Commission; North Carolina Manufactured Housing Board; North Carolina Board of Massage and Bodywork Therapy; Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services; Board of Trustees of the North Carolina Museum of Art; 911 Board; North Carolina Board of Nursing; North Carolina Onsite Wastewater Contractors and Inspectors Certification Board; Outdoor Heritage Advisory Council; North Carolina Parks and Recreation Authority; Permanency Innovation Initiative Oversight Committee; North Carolina State Ports Authority; North Carolina Principal Fellows Commission; Private Protective Services Board; State Property Tax Commission; Public Officers and Employees Liability Insurance Committee; North Carolina Railroad Company Board of Directors; North Carolina Recreational Therapy Licensure Board; North Carolina Respiratory Care Board; Roanoke Island Commission; Rules Review Commission; Rural Infrastructure Authority; North Carolina Marine Industrial Park Authority; Board of Trustees of the North Carolina School of Science and Mathematics; North Carolina Board of Science and Technology; North Carolina Sheriffs' Education and Training Standards Commission; Board of Trustees of the State Health Plan for Teachers and State Employees; State Water Infrastructure Authority; Board of Trustees of the Teachers' and State Employees' Retirement System; University of North Carolina Center for Public Television Board of Trustees; Umstead Review Panel; Well Contractors Certification Commission; North Carolina Wildlife Resources Commission; North Carolina Oil and Gas Commission; and North Carolina Mining Commission. 

Appointments made by the act begin upon ratification of the act. 

Staggers the terms of certain members of the Rural Infrastructure Authority and the State Water Infrastructure Authority. 

Changes the act's short and long titles. 

Intro. by Richardson.UNCODIFIED
H 730 (2015-2016) Next Generation 911 Filed Apr 14 2015, AN ACT TO CREATE A NEXT GENERATION 911 RESERVE FUND TO IMPLEMENT NEXT GENERATION 911; TO REQUIRE PSAPS TO IMPLEMENT NEXT GENERATION 911; TO AUTHORIZE THE 911 BOARD TO ESTABLISH PURCHASING AGREEMENTS FOR STATEWIDE PROCUREMENT; TO ALLOW THE PSAP GRANT ACCOUNT TO BE USED FOR EXPENSES USED TO ENHANCE 911 SERVICE; TO AMEND THE LIMITATION OF LIABILITY FOR THE 911 SYSTEM; TO UPDATE THE 911 STATUTES TO INCLUDE NEW TECHNOLOGY; AND TO MAKE A TECHNICAL CORRECTION.

Senate committee substitute deletes all provisions of the 2nd edition and replaces it with the following. 

Amends GS 62A-47 to establish a Next Generation 911 Reserve Fund (Fund) to fund the implementation of next generation 911 systems, defined by a proposed new subdivision to GS 62A-40 as an emergency communications system using Internet Protocol or other technology to enable a user to reach a public safety answering point (PSAP) by dialing, texting, or using other technological means to send the digits 911. Requires that 10% of the service charges to the Fund. The 911 Board may provide funds directly to PSAPs and may use funds to provide for a single data network to serve them. 

The 911 Board must report to the Joint Legislative Commission on Governmental Operations on incurred and planned expenditures from the Fund by October 1 of each year. 

Makes conforming changes to distinguish the names of other grants and accounts established in GS Chapter 62A. 

Includes 911 systems providers and next generation 911 systems providers in the limited liability provisions of GS 62A-53. States certain acts and omissions for which providers are not liable, including release of subscriber information related to emergency calls. Adds a new subsection to make a plaintiff's burden of proof in a civil action by a 911 user "clear and convincing evidence."

Updates the 911 statutes in GS Chapter 62A to encompass new technology by including new definitions and removing references to "voice" and "telephones" and replacing them with "communications" and other terminology. 

Provides for an effective date of January 1, 2016, for all the 911 amendments. 

Amends proposed subdivision GS 105-164.13(65), should House Bill 117 be enacted. The proposed subdivision exempts the sale of an engine to a professional motorsports racing team from sales and use taxes. The committee substitute amends that new exemption to include engines that are leased or rented. The amendment also provides related definitions and adds proposed subdivision (65a) to exempt an engine or a part to build or rebuild an engine under an agreement to a professional motorsports racing team. The changes to the tax exemption are effective when the act becomes law and both subdivisions expire January 1, 2020. 

Changes the act's short and long titles. 

Intro. by Saine.GS 62A, GS 105
H 912 (2015-2016) TAXATION OF TRIBAL LAND AND TOBACCO PRODUCTS (NEW). Filed Apr 16 2015, AN ACT TO EXEMPT REAL AND PERSONAL PROPERTY LOCATED ON TRIBAL LANDS FROM PROPERTY TAX REGARDLESS OF OWNERSHIP AND TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ENTER INTO AN AGREEMENT WITH THE EASTERN BAND OF CHEROKEE INDIANS REGARDING THE TAXATION OF TOBACCO PRODUCTS, AND TO AMEND THE REQUIREMENTS FOR DISTILLERY PERMIT HOLDERS TO SELL SPIRITUOUS LIQUOR DISTILLED ON PREMISES TO VISITORS OF THE DISTILLERY.

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

Adds new section GS 1E-2 stating that a county is not compelled to provide services on lands held in trust by the United States for the Eastern Band of Cherokee Indians unless there is an agreement between the Eastern Band and the county. The agreement must be approved by the Tribal Council of the Eastern Band and signed by the Principal Chief as well as the chair of the Board of County Commissioners. 

Intro. by West, Hager, Saine, W. Brawley.GS 1E, GS 18B, GS 105
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.

Senate committee substitute makes the following changes to the 4th edition. Decreases the amount of bonds to be issued and sold, if approved by the voters, to $2 billion (was, $2,859,076,952). Deletes language which stated that one of the purposes of the issuance of general obligation bonds was for the construction and renovation of highways, roads, bridges, and related road infrastructure.

Amends the findings included in the bill which provide various reasons for the issuance of the general obligation bonds. Deletes language which specified that debt payments for transportation projects had to come from the Highway Trust Fund. 

Makes conforming changes reflecting the new issuance amount above, including adjusting allocation amounts for specified projects across the state, including reducing the allocation for various statewide capital repairs and renovations. Deletes from the bill the $10,800,000 allocation for the USS NC Battleship Visitor's Center. Adds an allocation of $30 million for a new Business School at NC Central and an allocation of $23 million for a new Business School at UNC-Pembroke. Deletes the allocation for courthouse grants. Deletes all of the 15 specified allocations for National Guard and military facilities and instead allocates $70 million to National Guard Readiness centers in Guilford, Burke, and Wilkes counties. Deletes the allocation for the Highway Patrol Training Academy. Deletes all allocations previously found under the categories of Public Instruction and Transportation. Deletes allocations for various projects in the UNC System: School of Aviation, Taylor Building Renovation, Discovery Center Residence Hall, Owens Hall Renovation/Addition, West Hall Comprehensive Renovation, and Old Library Renovation. Amends the projects receiving allocations, and the amount allocated, to the zoo.

Makes conforming changes by amending the overall total allocated amounts for the different project categories. 

Amends the special allocation provisions that apply to the use of the proceeds of public improvement bonds and notes, deleting several of the provisions found in the previous edition, including deleting the following, that (1) the proceeds of public improvement bonds and notes for state parks must be used for capital improvements; any items purchased with such proceeds and installed or replaced as part of a renovation or rehabilitation must have a useful life of at least 20 years or must extend the life of the facility by at least 20 years once renovated or rehabilitated; (2) a requirement for bond proceeds for specified matching grants for local parks program under the Department of Environment and Natural Resources; (3) deletes all the specified conditions set for the allocations from the bond proceeds for public instruction for public schools capital assistance; and (4) makes conforming deletions concerning requirements for bond proceeds set aside for statewide capital repairs and renovations for state government agencies, as allocations for such projects have also been deleted. Further amends special allocation provisions to require that any items purchased with the bond proceeds for any NC Community College renovation or rehabilitation projects to have a useful life of at least 10 years or extend the life of the facility by at least 10 years once renovated or rehabilitated (previously required 20 years). Amends the matching fund requirements for community colleges to make the amount dependent on where the main campus is located. Also requires the bond proceeds used for statewide capital repairs and renovations for the University of North Carolina to be used for projects that are eligible to receive funds from the Repairs and Renovations Reserve; requires that any items purchased with the bond proceeds and installed or replaced as part of a renovation or rehabilitation projects to have a useful life of at least 10 years or must extend the life of the facility by at least 10 years once renovated or rehabilitated. Sets out additional conditions on the use of bond proceeds by universities. Adds several new allocation provisions specifically for bond proceeds used for projects for the Department of Environmental Quality for Statewide Water/Sewer Loans and Grants, including setting funding requirements and amounts for loan and grant applications. Also adds new provisions and requirements for bond proceeds used for the NC Zoological Park, providing that bond proceeds must be used for capital improvements, with any items purchased with the bond proceeds for such improvements, renovation, and rehabilitation being required to have a useful life of at least 10 years or extending the life of the facility by at least 10 years once renovated or rehabilitated. Requires bond proceeds used by the National Guard to be used for capital improvements for readiness centers in Guilford, Burke, and Wilkes counties. Makes various conforming changes to the reallocation provisions concerning bond proceeds.  

Makes conforming changes to the question that is to be placed on the ballot for approval/disapproval. Requires that absentee ballots be available 50 days before the date on which the election is to be held. Deletes language which provided for certain reimbursements to counties for specified costs incurred by holding the election. 

Amends reporting requirements for specified recipients of bond proceeds, replacing a requirement that a report be submitted to the Joint Legislative Oversight Committee with a requirement that the report now be submitted to the Joint Legislative Oversight Committee on Capital Improvements by January 1, 2017. 

Deletes a requirement that the Department of Public Safety take appropriate measures, including maximizing the use of the Inmate Construction Program, to reduce costs related to construction of correctional projects authorized in SL 2007-323, as amended.  

Specifies that the report by the Office of State Budget and Management on retained funds is to be made to the Joint Legislative Oversight Committee on Capital Improvements.

Makes various conforming changes, updating language and requirements to reflect new allocations of bond proceeds and other changes to the act.

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

The Daily Bulletin: 2015-09-22

PUBLIC/SENATE BILLS
S 195 (2015-2016) MOTOR VEHICLE SERVICE AGREEMENT AMENDMENTS. Filed Mar 5 2015, AN ACT TO PROVIDE A LEGAL FRAMEWORK FOR THE SALE AND REGULATION OF MOTOR VEHICLE ANCILLARY ANTI-THEFT PROTECTION CONTRACTS IN NORTH CAROLINA.

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

Adds a sentence to GS 66-370 stating that the terms insurance contract and motor vehicle service agreement do not include an agreement where an employer provides mileage reimbursement and incidental maintenance and repairs to employees using personal vehicles for business purposes.

Replaces the term ancillary protection product with ancillary anti-theft protection program and adjusts the statutory definition by (1) removing reference to protective chemical or substances systems, (2) replacing references to loss from "a specific cause" to "loss from theft," and (3) including chemicals applied to interior or exterior surfaces of a vehicle among items that fall outside the definition. 

Replaces the term ancillary protection product warranty with ancillary anti-theft protection program warranty and removes a list of items included within the meaning of incidental costs. Clarifies that the program warranty reimburses for costs that result from the failure of the protection program to perform pursuant to its warranty. 

Deletes from the definition of motor vehicle service agreement certain items that fall outside the definition. These items are (1) ancillary protection product warranties and (2) coverage for the repair or replacement due to damage to the interior or exterior of a vehicle. 

Makes conforming changes.  

Changes the long title. 

Intro. by Meredith.GS 58, GS 66
S 647 (2015-2016) AMEND TRAPPING LAW. Filed Mar 26 2015, AN ACT TO AMEND THE TRAPPING LAW RELATING TO CONIBEAR TYPE TRAPS.

Senate amendment makes the following changes to the 5th edition.

Amends proposed GS 113-291.6(d2) concerning the allowed operation of conibear-type traps, providing that conibear-type traps set with bait and having an inside jaw opening greater than six and one-half inches and no more than seven and one-half inches can be set on dry land only within an enclosure that has been approved by the NC Wildlife Resources Commission when operated in compliance with the other specified requirements (previously, did not include any requirements or limitations concerning the opening of the trap). 

Intro. by Sanderson, B. Jackson.GS 113

The Daily Bulletin: 2015-09-22

The Daily Bulletin: 2015-09-22

ACTIONS ON BILLS

Actions on Bills: 2015-09-22

PUBLIC BILLS

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

    Pres. To Gov. 9/22/2015

H 117: NC COMPETES ACT.

    House: Concurred On 2nd Reading
    Senate: Conf Report Adopted 3rd

H 173: OMNIBUS CRIMINAL LAW BILL.

    Pres. To Gov. 9/22/2015

H 272: APPOINTMENTS BILL 2015 (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 297: END MARKETING/SALE UNBORN CHILDREN BODY PARTS (NEW).

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

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

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

H 372: MEDICAID TRANSFORMATION AND REORGANIZATION

    Senate: Conf Report Adopted
    Senate: Conf Report Adopted
    House: Conf Report Adopted
    House: Ordered Enrolled
    Ratified
    Pres. To Gov. 9/22/2015

H 539: CHARTER SCHOOL FUNDING. (NEW)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 09/23/2015

H 540: BILLY GRAHAM/NATIONAL STATUARY HALL.

    Pres. To Gov. 9/22/2015

H 679: UNC SELF-LIQUIDATING PROJECTS.

    Senate: Passed 2nd Reading

H 698: BABY CARLIE NUGENT BILL.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 709: NCNG TUITION ASSISTANCE BENEFIT AMENDMENT.

    Pres. To Gov. 9/22/2015

H 712: PILOT PROJECT/USED NEEDLE DISPOSAL.

    Pres. To Gov. 9/22/2015

H 730: Next Generation 911

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 850: EASTERN BAND OF CHEROKEES/LAW ENFORCEMENT.

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

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

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 09/23/2015

H 924: HIGHWAY SAFETY/OTHER CHANGES.

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

H 943: CONNECT NC BOND ACT OF 2015.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Held As Material
    Senate: Constitutes 1st Reading
    Senate: Placed On Cal For 09/23/2015

S 97: STATE ADVISORY COUNCIL ON INDIAN EDUCATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 195: MOTOR VEHICLE SERVICE AGREEMENT AMENDMENTS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

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

    House: Conf Com Appointed

S 370: E-SIGNATURES/VEHICLE TITLE AND REGISTRATION.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 472: LOCAL INCENTIVES FOR HISTORIC REHABILITATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 605: VARIOUS CHANGES TO THE REVENUE LAWS.

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

S 647: AMEND TRAPPING LAW.

    Senate: Amend Adopted A3
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Wildlife Resources

Actions on Bills: 2015-09-22

LOCAL BILLS

H 488: CENTRAL CAROLINA CC/BD. OF TRUSTEES.

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

H 526: STANFIELD ANNEXATION/LOCUST DEANNEXATION (NEW).

    Senate: Passed 2nd Reading

H 527: OMNIBUS LOCAL ACT (NEW).

    Senate: Passed 3rd Reading
    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 09/23/2015

H 531: VARIOUS OCCUPANCY TAX CHANGES (NEW).

    Senate: Passed 2nd Reading

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