The Daily Bulletin: 2016-05-09

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The Daily Bulletin: 2016-05-09

PUBLIC/HOUSE BILLS
H 1051 (2015-2016) SOLID WASTE AMENDMENTS. Filed May 9 2016, AN ACT TO (1) MAKE TECHNICAL, CLARIFYING, AND CONFORMING CHANGES TO PROVISIONS ENACTED IN 2015 TO ESTABLISH LIFE-OF-SITE PERMITS FOR SANITARY LANDFILLS AND TRANSFER STATIONS AND (2) PROVIDE THAT FRANCHISE AGREEMENTS PREVIOUSLY EXECUTED BY LOCAL GOVERNMENTS FOR SANITARY LANDFILLS MAY BE MODIFIED BY AGREEMENT OF ALL PARTIES TO LAST FOR A LANDFILL'S LIFE-OF-SITE, EXCEPT THAT NO FRANCHISE AGREEMENT, MODIFIED OR NEWLY EXECUTED, SHALL EXCEED A DURATION OF SIXTY YEARS, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.

Identical to S 777, filed 4/27/16.

Makes technical, clarifying and conforming changes to provisions in SL 2015-286, Section 4.9(a); SL 2015-286, Section 4.9(b), (c) and (d); and SL 2015-241, Section 14.20(e) (as amended by SL 2015-286, Section 4.9(d)).  Effective retroactively to July 1, 2015.

Amends SL 2015-241, Section 14.20(f), as amended by SL 2015-286, Section 4.9(d), and provides that GS 130A-294(b1)(2), which requires a person to franchise the operation of the sanitary landfill from each local government that has jurisdiction prior to applying for a permit for a sanitary landfill, as amended, applies to franchise agreements that (1) are executed on or after October 1, 2015, and (2) are executed on or before October 1, 2015, if all parties to the agreement consent to modify the agreement for the purpose of extending the agreement’s duration to the life-of-site of the landfill for which the agreement was executed.  Amends GS 130A-294(b1)(2) to limit the franchise granted to a sanitary landfill for the life-of-site of the landfill to a period of 60 years.  Amends GS 160A-319 to clarify that no franchise shall be granted for a period of more than 60 years, including a franchise granted to a sanitary landfill for the life-of-site of the landfill under GS 130A-294(b1), provided that a franchise for solid waste collection or disposal systems and facilities, other than sanitary landfills (was, a franchise for solid waste collection or disposal systems and facilities) cannot be granted for a period of more than 30 years. 

Amends GS 153A-136(a)(3) to provide that a county may regulate the storage, collection, use, disposal, and other disposition of solid waste by an ordinance that grants a franchise the exclusive right to commercially collect or dispose of solid waste within a defined portion or all of the county, and set terms of any franchise, provided no franchise is granted for a period of more than 30 years unless a franchise granted to a sanitary landfill for the life-of-site of the landfill under GS 130A-294(b1) cannot exceed 60 years (was, may set the terms of any franchise, except no franchise may be granted for a period of 30 years). 

Applies to franchise agreements that were (1) executed on or after October 1, 2015, and (2) executed on or before October 1, 2015, if all parties to the agreement consent to modify the agreement for the purpose of extending the agreement’s duration of the life-of-site of the landfill for which the agreement was executed. Effective retroactively to July 1, 2015.

Intro. by Dixon, McGrady.GS 130A, GS 153A, GS 160A
H 1052 (2015-2016) ELIMINATE AND CONSOLIDATE REPORTS TO ERC. Filed May 9 2016, AN ACT TO ELIMINATE, CONSOLIDATE, AND MAKE OTHER CHANGES TO VARIOUS REPORTS TO THE ENVIRONMENTAL REVIEW COMMISSION, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.

Identical to S 793, filed 4/28/16.

Part I eliminates various reports to the Environmental Review Commission. 

Repeals GS 74-54.1(c), which required the Department of Environmental Quality to submit an annual report to the Environmental Review Commission, the Fiscal Research Division, and the North Carolina Mining Commission on the cost of implementing Article 7 of Chapter 74 (The Mining Act of 1971). 

Repeals GS 143-135.39(f) and (g), which required the Department of Administration to submit an annual consolidated report to the chairs of the General Government Appropriations Subcommittees of both the Senate and House of Representatives, the Environmental Review Commission, and the Joint Legislative Commission on Governmental Operations, of the performance review findings required under GS 143-135.39(f), the report required under GS 143-135.37(e), the report from the State Building Commission required under GS 143-135.38, and the report required under GS 143-135.40.

Repeals GS 143-135.40(b), which required the Department of Administration to submit an annual report on its findings from monitoring construction standards and sustainable building standards under the Sustainable Energy Efficient Buildings Program.

Amends GS 143-215.9B by eliminating the required annual report from the Environmental Management Commission to the Environmental Review Commission on its progress in developing and implementing the wastewater collection system permit program required under GS 143-215.9B, pursuant to GS 143B-282(b).

Repeals GS 143-215.107C(d) and (e), which required the Department of Transportation to submit annual reports on reducing vehicle emissions from state employee and private sector vehicles to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission.

Amends GS 143-341(8)(i).2b by eliminating the required annual report by the Department of Administration on the number of new passenger motor vehicles purchased and fuel savings for the previous fiscal year.

Repeals GS 143B-279.5, which required the Secretary of Environmental Quality to submit a biennial report on the state of the environment to the General Assembly, the Fiscal Research Division of the General Assembly, and the Environmental Review Commission.

Repeals GS 143B-279.7(c), which required the Department of Environmental Quality to submit an annual report on fish kill activity, trends, and protocols to the Environmental Review Commission.

Amends Section 11.1 of SL 1999-329 by eliminating the requirement of the Environment Management Commission to submit a quarterly report on its progress in developing the engineering standards required by SL 1999-329, Section 11.1, to the Environmental Review Commission.

Amends Section 13.9(d) of SL 2000-67 by eliminating the requirement for the Department of Environment and Natural Resources to submit its biennial report on the implementation of the North Carolina Beach and Inlet Management Plan to the General Assembly.

Repeals Sections 29(j) and (k) of SL 2014-120, which required each Regulatory Authority to submit an annual report on the informal review process of engineering work to the Environmental Review Commission, beginning in 2016 and expiring January 1, 2019.

Part II consolidates various reports to the Environmental Review Commission.

Amends GS 143B-279.8(e) to require the Coastal Resources Commission, the Environmental Management Commission, and the Marine Fisheries Commission to report to the Joint Legislative Commission on Governmental Operations and the Environmental Review Commission on the Coastal Habitat Protection Plan on or before September 1 of each year in which any significant revision to the Plans are made (was, each year).

Repeals GS 143B-279.8(f), which required the Secretary of Environmental Quality to report to the Environmental Review Commission and the Joint Legislative Commission on Governmental Operations within 30 days of the completion or substantial revision of each draft Coastal Habitat Protection Plan.

Amends GS 143-215.3A(c) to require the Department of Environmental Quality to report to the Environmental Review Commission and the Fiscal Research Division on the costs and implementation of the environmental permitting programs on or before January 1 (was, 1 November) of each odd-numbered year (was, each year).  Directs the Department of Environmental Quality to submit this report with the report required under GS 143B-279.17 as a consolidated, single report. Amends GS 143B-279.17 to include conforming changes.  Directs the Department of Environmental Quality to submit the first combined report under GS 143-215.3A and GS 143B-279.17 to the Environmental Review Commission and the Fiscal Research Division no later than January 1, 2017.

Amends GS 143B-282(b) to require the Environmental Management Commission to submit a written report as to its operation, activities, programs, and progress to the Environmental Review Commission by January 1 of each year (was, quarterly).  Eliminates the requirement for the Environmental Management Commission to submit written reports whether or not the General Assembly is in session at the time the report is due.  Amends GS 143-215.1(h) to include conforming changes, to require the Environmental Management Commission to submit an annual (was, quarterly) summary and analysis of permit applications to the Environmental Review Commission as part of each annual (was, quarterly) report that the Environmental Management Commission is required to make under GS 143B-282(b).  Directs the Environmental Management Commission to submit its first combined report under GS 143B-282(b) and GS 143-215.1(h) no later than January 1, 2017.

Amends GS 130A-309.06(c) to require the Department of Environmental Quality to submit an annual report to the Environmental Review Commission and the Fiscal Research Division (was, only the Environmental Review Commission) on or before January 15 on the status of solid waste management efforts in the State.  Directs the Department of Environmental Quality to include five new reports in its comprehensive report required under GS 130A-309.06(c): (1) a report on the recycling of discarded computer equipment and televisions in the state required by GS 130A-309-140(a), (2) an evaluation of the Brownfields Property Reuse Act required by GS 130A-310.40, (3) a report on the Inactive Hazardous Waste Response Act required by GS 130A-310.10(a), (4) a report on the Dry-Cleaning Solvent Cleanup Act of 1997 under GS 143-215.104U(a) until the Act expires, and (5) a report on the implementation and cost of the hazardous waste management program required by GS 130A-294(i).  Makes conforming changes to GS 130A-309.140(a), GS 130A-310.40, GS 130A-310.10(a), GS 143-215.104U, and GS 130A-294(i).  Directs the Department of Environmental Quality to submit the first combined report required by GS 130A-309.06(c), as amended, to be submitted to the Environmental Review Commission and the Fiscal Research Division no later than January 15, 2017.

Amends GS 113A-67 to require the Department of Environmental Quality to submit an annual report on the implementation of the Sedimentation Pollution Control Act (Article 3 of Chapter 113A) on or before October 1 in a single report with the report required by GS 143-214.7(e).  Amends GS 143-214.7(e) to make conforming changes.  Directs the Department of Environmental Quality to submit the first combined report required by GS 113A-67 and GS 143-214.7(e) to be submitted to the Environmental Review Commission no later than October 1, 2016.

Repeals GS 143-355(n) and GS 143-355(o)(9), and amends GS 143-355 by adding a new subsection (p) to consolidate the reports required under GS 143-355(n) and GS 143-355(o)(9) into a single report to be submitted by the Department of Environmental Quality to the Environmental Review Commission on the implementation of the water supply plan and the development of basinwide hydrologic models no later than November 1 each year [was, 1 September for report required by GS 143-355(n)].  Directs the Department of Environmental Quality to submit the report required by the new subsection (p) of GS 143-355, as amended, with the report on basinwide water quality management plans required by GS 143-215.8B(d).  Makes conforming changes to GS 143-215.8B(d).  Directs the Department of Environmental Quality to submit the first combined report required by GS 143-355(p) and GS 143-215.8B(d) to the Environmental Review Commission no later than November 1, 2016.

Amends GS 159G-26(a) to provide that the Department of Environmental Quality shall publish a report each year on the accounts in the Water Infrastructure Fund that are administered by the Division of Water Infrastructure, by November 1.  Provides that the Department of Environmental Quality shall make the report available to the public and shall (was, must) give a copy of the report to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division (was, the Environmental Review Commission and the Fiscal Resarch Division of the Legislative Services Commission), with the report required by G.S. 159G-72 as a single report.  Makes conforming changes to GS 159G-72.  Directs the Department of Environmental Quality to submit the first combined report required by GS 159G-26(a) and GS 159G-72 to be submitted to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division no later than October 1, 2016.

Directs the Soil and Water Conservation Commission to submit the report required by GS 106-850(e) on the Nonpoint Source Pollution Control Program to the Environmental Review Commission and the Fiscal Research Division, with the reports required by GS 106-860(e) and GS 139-60(d) as a single report.  Makes conforming changes to GS 106-860(e).  Amends GS 139-60(d) to require that report by the Division of Soil and Water Conservation to be submitted to the Environmental Review Commission and the Fiscal Research Division (was, only the Environmental Review Commission).  Directs the Division of Soil and Water Conservation to submit the first combined report required by GS 106-850(e), GS 106-860(e), and GS 139-60(d) to the Environmental Review Commission and the Fiscal Research Division no later than January 31, 2017.

Part III makes other changes to the various reports to the Environmental Review Commission.

Amends GS 113B-12(a) to require the Energy Policy Council to transmit a comprehensive report on the general overview of energy conditions in the state to the Governor, the Speaker of the House of Representatives, the President Pro Tempore, the Environmental Review Commission, the Joint Legislative Commission on Energy Policy, and the chairman of the Utilities Commission on or before January 1 of each year (was, every two years).

Amends GS 113A-115.1(i) to require the Coastal Resources Commission to report to the Environmental Review Commission on the implementation of the Terminal Groins Pilot Project no later than January 1, 2017, and every five years thereafter (was, September 1 of each year).

Amends GS 143B-135.48(d) to require the Department of Natural and Cultural Resources to submit the State Parks System Plan to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division (was, the Environmental Review Commission, the Senate and House of Representatives appropriate committees with jurisdiction over natural and cultural resources, and the Fiscal Research Division) no later than October 1, 2016, and every five years thereafter (was, October 1 of each year).  Directs the Department of Natural and Cultural Resources to concurrently submit a summary of each change to the State Parks System Plan that was made during the previous five fiscal years (was, previous fiscal year).

Amends SL 1999-237, Section 15.6(a), to provide that the Department of Environmental Quality (was, the Department of Environment and Natural Resources) may provide the 10% cost share required for Superfund cleanups on the National Priority List sites, pay associated operating and maintenance costs, and cleanup of priority inactive hazardous substance or waste disposal sites.  Amends SL 1999-237, Section 15.6(b), to provide that the Department of Environmental Quality (was, the Department of Environment and Natural Resources) and the Office of State Budget and Management report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources (was, the Environmental Review Commission and the Joint Legislative Commission on Governmental Operations) the amount and source of funds used pursuant to SL 1999-237, Section 15.6(a).

Amends GS 87-98(e) to require the Department of Environmental Quality to report no later than October 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Economic Resources and the Fiscal Research Division (was, to the Environmental Review Commission, the House of Representatives and Senate Appropriations Subcommittees on Natural and Economic Resources, and the Fiscal Research Division) on the implementation of the Bernard Allen Memorial Emergency Drinking Water Fund established by GS 87-98.

Amends GS 143B-135.56(f) to require the North Carolina Parks and Recreation Authority to report no later than October 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources (was, to the Joint Legislative Commission on Governmental Operations, the House and Senate Appropriations Subcommittees on Natural and Economic Resources), the Fiscal Research Division, and the Environmental Review Commission on allocations from the Parks and Recreation Trust Fund from the prior fiscal year.

Makes technical changes throughout the act.

Intro. by Dixon, McGrady.GS 74, GS 87, GS 106, GS 113A, GS 113B, GS 130A, GS 139, GS 143, GS 143B, GS 159G
H 1054 (2015-2016) 10% TEACHER SALARY INCREASE. Filed May 9 2016, AN ACT TO INCREASE TEACHER SALARIES BY TEN PERCENT.

Establishes a monthly teacher salary schedule based on years of experience for licensed personnel of public schools who are classified as teachers for the 2016-17 fiscal year.  Provides that the monthly salary schedule begins at 0-4 years of experience and goes up to over 25 years of experience, with class "A" teachers' monthly salary schedule ranging from $3,850 up to $5,500.  

Establishes that salary supplements for teachers paid on this schedule, as specified, are available to the following classifications: licensed teachers who have NBPTS certification, licensed teachers who are classified as "M" teachers, licensed teachers with licensure based on academic preparation at the six-year degree level, licensed teachers with licensure based on academic preparation at the doctoral degree level, and certified nurses.

Provides that the first step of the salary schedule for school psychologists, school speech pathologists who are licensed as speech pathologists at the master's degree level or higher, and school audiologists who are licensed as audiologists at the master's degree level or higher are equivalent to Step 5 of the "A" salary schedule and are to receive a salary supplement each month of 10% of their monthly salary and are eligible to receive salary supplements equivalent to those of teachers for academic preparation at the six-year degree level or the doctoral degree level.

Provides that the twenty-sixth step of the salary schedule for school psychologists, school speech pathologists who are licensed as speech pathologists at the master's degree level or higher, and school audiologists who are licensed as audiologists at the master's degree level or higher is 7.5% higher than the salary received by these same employees on the twenty-fifth step of the salary schedule.

Directs that instead of providing annual longevity payments to teachers paid on the teacher salary schedule, the amounts of those longevity payments are included in the monthly amounts under the teacher salary schedule, beginning with the 2014-15 fiscal year.

Provides that a teacher compensated in accordance with the salary schedule for the 2016-17 school year will receive an amount equal to the greater of the following: (1) the applicable amount on the salary schedule; (2) for teachers who were eligible for longevity for the 2013-14 school year, the sum of the teacher's salary provided in Section 35.11 of SL 2013-360; the longevity that the teacher would have received under the longevity system in effect for the 2013-14 school year provided in Section 35.11 of SL 2013-360, based on the teacher's current years of service; and the annual bonus provided in Section 9.1(e) of SL 2014-100; or (3) for teachers who were not eligible for longevity for the 2013-14 school year, the sum of the teacher's salary and annual bonus provided in Section 9.1 of SL 2014-100.

Establishes that the term "teacher" is to include instructional support personnel.

Appropriates $494,154,346 in recurring funds for the 2016-17 fiscal year from the General Fund to the Department of Public Instruction to implement the provisions for teachers and instructional support personnel employed by schools administered by local administrative units, charter schools, and schools operated by state agencies.

Effective July 1, 2016.

Intro. by L. Hall.APPROP
H 1055 (2015-2016) STATE ETHICS COMM. REVISIONS. Filed May 9 2016, AN ACT TO MAKE VARIOUS REVISIONS TO THE STATE GOVERNMENT ETHICS ACT AND THE LOBBYING LAWS.

Amends GS 138A-3, concerning the State Government Ethics Act (Act), to exclude campaign contributions properly received and reported under federal law from the definition of gift as it applies to the Act.  Amends GS 138A-12 by changing the title of subsection (k) to Post-Hearing Dispositions (was, Disposition of Inquiries).  Also makes a technical change.

Amends GS 120C-200, which requires a lobbyist to file a separate registration statement with the Secretary of State for each principal the lobbyist represents before engaging in any lobbying, by changing the language in subsections (b) through (f) from "registration" to "registration statement."  Makes technical changes to GS 120C-200(f).

Amends GS 120C-601, concerning the powers and duties of the State Ethics Commission, to allow the Commission or the Secretary of State to utilize the services of a hired investigator when conducting investigations of complaints of violations of GS Chapter 120C (Lobbying).

Intro. by Ethics.GS 120C, GS 138A

The Daily Bulletin: 2016-05-09

PUBLIC/SENATE BILLS
S 820 (2015-2016) APPROPRIATIONS ACT OF 2016. Filed May 9 2016, AN ACT TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2015 AND FOR OTHER PURPOSES.

Blank bill.

Intro. by B. Jackson, Brown, Harrington.APPROP
S 821 (2015-2016) GSC TECHNICAL CORRECTIONS 1. Filed May 9 2016, AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Amends GS 14-159.3(a1) concerning duty of care for the operation of all-terrain vehicles on private land, making technical changes to make language non-gender specific. 

Amends GS 14-208.6, the definitions section for the Sex Offender and Public Protection Registration Programs, to specifically add a reference to GS 14-27.24 (first-degree statutory rape) in the definition of sexually violent offense.

Makes clarifying change to the catchline of GS 20-171.24, which now reads as Motorized all-terrain vehicle use by municipal and county employees permitted on certain highways (was, Motorized all-terrain vehicle use by employees of listed municipalities and counties permitted on certain highways). 

Amends GS 28A-2-4, concerning subject matter jurisdiction of clerks of superior court in estate proceedings, making technical corrections and specifying that in special proceedings clerks of superior court also lack the jurisdiction as specified in this section.

Amends GS 28A-2B-2 concerning venue for estate proceedings, providing that venue is the county where the petitioner whose will or codicil is the subject of the petition resides (was, where domiciled).

Amends GS 28A-19-5(b) concerning certain contingent or unliquidated estate claims, making a clarifying correction.

Amends GS 31B-1(a) concerning property rights, providing that permissible appointees or takers in default under a power of appointment exercised by a testimentary instrument or a nontestimentary instrument can also renounce at any time, in whole or in part, the right of succession to any property or interest.

Amends the catchline for GS 108A-70.21, which now reads Program eligibility; benefits; enrollment fee and other cost-sharing; coverage from private plans (was, Program eligibility; benefits; enrollment fee and other cost-sharing; coverage from private plans; purchase of extended coverage plans). Makes an organizational change. 

Amends GS 146-9(b)(4) concerning the disposition of mineral deposits in state lands not under water, making a technical correction.

Amends GS 153A-340(h) concerning temporary moratoria on county approval of development, deleting duplicative language. 

Amends GS 160A-332(a) concerning electric service inside corporate limits, updating a cross-reference.

Amends GS 160A-372(e) and (f) concerning content of subdivision control ordinances, making technical changes. 

Amends Section 7.1 of SL 2014-107, adding language that provides that Section 5.1 of this Session Law, which clarifies that the common law rule against accumulations no longer applies to trusts, applies to all trusts created before, on, or after the effective date of the act. This change is effective retroactively, effective August 6, 2014. 

Intro. by Hartsell.GS 14, GS 20, GS 28A, GS 31B, GS 108A, GS 146, GS 153A, GS 160A
S 822 (2015-2016) GSC TECHNICAL CORRECTIONS 2. Filed May 9 2016, AN ACT TO MAKE CONFORMING CHANGES TO TWO SECTIONS OF THE GENERAL STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Amends GS 1-117 to specify that the record kept by the clerk of superior court of the cross-indexing of every notice of pending litigation filed under Article 11 (lis pendens) is to be kept as required under GS 7A-109, Record-keeping procedures [was, under GS 2-42(6)].

Amends GS 143B-394.15 by reducing the number of members of the Domestic Violence Commission from 39 to 38 members by removing the Secretary of the Department of Public Safety. Also makes clarifying changes to the membership. 

Intro. by Hartsell.GS 1, GS 143B
S 824 (2015-2016) HONORING OUR VETERANS. Filed May 9 2016, A SENATE RESOLUTION EXPRESSING GRATITUDE AND APPRECIATION TO OUR VETERANS.

As title indicates.

Intro. by Pate.SENATE RES

The Daily Bulletin: 2016-05-09

LOCAL/HOUSE BILLS
H 1053 (2015-2016) CARY CHARTER AMENDMENTS. Filed May 9 2016, AN ACT AMENDING THE CHARTER OF THE TOWN OF CARY TO CLARIFY THE TOWN'S AUTHORITY TO CONDITION SITE PLAN APPROVAL, TO DELEGATE TO THE TOWN MANAGER THE AUTHORITY TO GRANT UTILITY EASEMENTS, AGREEMENTS, AND OTHER SIMILAR INTERESTS IN REAL PROPERTY OVER TOWN-OWNED PROPERTY, AND TO AUTHORIZE THE TOWN TO SELL, EXCHANGE, OR OTHERWISE TRANSFER REAL PROPERTY SUBJECT TO RESTRICTIONS.

Amends the Charter of the Town of Cary as follows.  

Enacts new Section 9.1A to Article IX of the Charter of the Town of Cary (Town), SL 2005-117, concerning the Town's regulatory powers to establish that the Town has the same authority to condition the approval of site plans upon compliance with the zoning regulations; dedication or reservation of property; the making of public improvements; or the payment of fees in lieu of dedication, reservation, or public improvements as the Town has under its power to regulate the subdivision of land.  Provides that the term site plan as used in new Section 9.1A excludes plans for single-family detached residences.

Enacts new Sections 11.2 and 11.3 to Article XI, as amended by SL 2015-84, of the Charter (Charter) of the Town.  New Section 11.2 allows the Town Council (Council) to authorize the Town Manager or Deputy Town Manager to grant utility easements and agreements or similar interests in real property over Town-owned property without obtaining Council approval.  New Section 11.3 allows the Council to sell, exchange, or transfer the fee or any lesser interest in real property, either by public sale or by negotiated private sale, when the Council determines that a sale or disposition of real property is in the public interest.  Provides that the Town can attach to the transfer and to the interest conveyed any covenants, conditions, or restrictions, or a combination of them, the Town deems necessary to further the public interest, and that the consideration received by the Town, if any, for the conveyance may reflect the restricted use of the property resulting from the covenants, conditions, or restrictions.  Allows the Town to invite bids or written proposals, including detailed development plans and site plans, for the purchase of any such property or property  interest, whether by sale, exchange, or other transfer, pursuant to the specifications as the Town requires.  Allows any conveyance of real property under new Section 11.3 to be made contingent upon any necessary rezoning of the property.  Requires any conveyance under this new Section 11.3 to be made only pursuant to a resolution of the Council authorizing the conveyance.  Requires notice by publication of the proposed transaction to be given at least 10 days prior to adoption of the resolution and to generally describe the property involved, the nature of the interest to be conveyed, and all of the material terms of the proposed transaction, including any applicable covenants, conditions, or restrictions.  Directs that the required notice must also give the time and place of the Council meeting where the proposed transaction will be considered and to announce the Council's intention to authorize the proposed transaction.  Clarifies that the authority of new Section 11.3 is in addition to, and does not limit, any other authority granted by the Charter or any other general or local law.

Intro. by Dollar, Adcock, D. Hall.Chatham, Wake
H 1056 (2015-2016) YADKIN OCCUPANCY TAX MODIFICATION. Filed May 9 2016, AN ACT TO MODIFY THE AUTHORIZATIONS FOR OCCUPANCY TAX LEVIES INSIDE YADKIN COUNTY.

Amends Section 2 of SL 2007-340 to change the jurisdiction of the Yadkin County District Y to that part of Yadkin County that is located outside of the Town of Jonesville (was, located outside of incorporated areas within the county).

Requires the governing body of Yadkin County Districy Y and the Yadkin County Board of Commissioners to adopt any resolutions or modify any adopted resolutions to carry out the act.

Repeals Section 7 and 8 of SL 2007-340. Section 7 included provisions giving the Board of Commissioners for the Town of Yadkinville authority to levy a room occupancy tax of up to 6%. Section 8 concerned the adoption of a resolution creating the Yadkinville Tourism Development Authority.

Amends GS 160A-215 to remove Yadkinville from the scope of the statute, which concerns uniform provisions for room occupancy taxes.

Intro. by Zachary.Yadkin

The Daily Bulletin: 2016-05-09

LOCAL/SENATE BILLS
S 823 (2015-2016) TOBACCOVILLE RECALL ELECTIONS. Filed May 9 2016, AN ACT TO ALLOW THE RECALL OF OFFICERS OF THE VILLAGE OF TOBACCOVILLE.

Amends the Charter of the Village of Tobaccoville, SL 1991-232, by enacting a new section to provide provisions for a petition for a recall election.  

Requires that a petition for recall be filed with the Village Clerk, and that the Village Clerk forward the petition to the board of elections that conducts elections for the Village of Tobaccoville (Tobaccoville).  Provides that the term Village Clerk, as used in new section 6.3, includes an officer of the village exercising the function of the Village Clerk.  Requires a petition to recall the Mayor or a member of the Village Council to bear the signatures equal in number to at least 20% of the registered voters of Tobaccoville.

Directs the board of elections (board) to verify the petition signatures, and if a sufficient recall petition is submitted, requires the board to certify its sufficiency to the governing body.  Requires the governing body to adopt a resolution calling for a recall election to be held at the same time as the next primary, general, or special election scheduled to be held more than 60 days after the petition has been certified to the governing body.  Directs the board of elections to conduct the recall election, as provided in GS 163-287 (provisions for special municipal elections).  Provides that each petition submitted can only contain the name of one officer to be recalled, but allows multiple qualified petitions to be filed simultaneously with the Village Clerk, where the name of the officer on each certified petition will be included in the recall election.  Provides language for the recall question to be submitted to voters.  Establishes that registered voters of Tobaccoville are eligible to vote in an election to recall the Mayor or a member of the Village Council.  

Provides that if less than a majority of the votes cast on the question are for the officer's recall, the officer continues in office, and if a majority of the votes cast on the question are for the officer's recall, the officer is removed on the date the board of elections certifies the results of the election.  Establishes that a vacancy created by removal of a member of the Village Council or the Mayor is to be filled in accordance with  GS 160A-63 (provisions for filling vacancies in city and town governments).  Bars an officer who is removed from being appointed or reappointed to any elective office of Tobaccoville during the remainder of the unexpired term.  Provides that no petition to recall an officer may be filed during the first six months of the officer's term nor during the six months before the expiration of the officer's term and that no more than one election may be held to recall an officer within a single term of office of that officer.

Intro. by Krawiec.Forsyth, Stokes
ACTIONS ON BILLS

Actions on Bills: 2016-05-09

PUBLIC BILLS

H 474: EXCLUDE YR. ROUND TRACK-OUT PROGRAM/CHILD CARE.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Education/Higher Education
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Education/Higher Education

H 1046: CONSTITUTIONAL AMENDMENT/UP MINIMUM WAGE.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 1047: WELFARE REFORM/FOOD AND NUTRITION BENEFITS.

    House: Passed 1st Reading
    House: Ref To Com On Health

H 1048: REDUCE BARRIERS TO IMPROVE NC HEALTH & SAFETY.

    House: Passed 1st Reading
    House: Ref To Com On Insurance

H 1049: FUND NBPTS CERTIFICATION.

    House: Passed 1st Reading
    House: Ref To Com On Appropriations

H 1051: SOLID WASTE AMENDMENTS.

    House: Filed

H 1052: ELIMINATE AND CONSOLIDATE REPORTS TO ERC.

    House: Filed

H 1054: 10% TEACHER SALARY INCREASE.

    House: Filed

H 1055: STATE ETHICS COMM. REVISIONS.

    House: Reptd Fav. For Introduction
    House: Filed

S 725: UNEMPLOYMENT INSURANCE TECHNICAL CHANGES.

    Ratified

S 729: VARIOUS CHANGES TO THE REVENUE LAWS.

    Ratified

S 817: CONST. AMD. - MAX. INCOME TAX RATE OF 5.5%.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

S 818: INCREASE THE ZERO TAX BRACKET.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

S 819: MILITARY STATE INCOME TAX RELIEF.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

S 820: APPROPRIATIONS ACT OF 2016.

    Senate: Filed

S 821: GSC TECHNICAL CORRECTIONS 1.

    Senate: Filed

S 822: GSC TECHNICAL CORRECTIONS 2.

    Senate: Filed

S 824: HONORING OUR VETERANS.

    Senate: Filed

Actions on Bills: 2016-05-09

LOCAL BILLS

H 1045: NEW BERN CHARTER/REVISED & CONSOLIDATED.

    House: Passed 1st Reading
    House: Ref To Com On Local Government
    House: Serial Referral To Finance Added

H 1053: CARY CHARTER AMENDMENTS.

    House: Filed

H 1056: YADKIN OCCUPANCY TAX MODIFICATION.

    House: Filed

S 823: TOBACCOVILLE RECALL ELECTIONS.

    Senate: Filed

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