The Daily Bulletin: 2016-06-09

The Daily Bulletin: 2016-06-09

PUBLIC/HOUSE BILLS
H 19 (2015-2016) MODIFY DEFINITION OF FIREFIGHTER. (NEW) Filed Jan 28 2015, AN ACT TO AMEND ARTICLE 84 OF CHAPTER 58 OF THE GENERAL STATUTES TO MAKE A TECHNICAL CORRECTION TO THE DEFINITION OF FIREFIGHTER TO INCLUDE FIREFIGHTERS EMPLOYED BY COUNTY FIRE MARSHAL OFFICES, TO CLARIFY THE AUTHORITY OF LOCAL BOARDS OF TRUSTEES TO PAY EXPENSES OF LOCAL FIREFIGHTERS' RELIEF FUNDS, TO UPDATE THE APPOINTMENT PROCEDURES FOR LOCAL FIREFIGHTERS' RELIEF FUND BOARDS OF TRUSTEES, TO CHANGE THE NAME OF THE NORTH CAROLINA STATE FIREMEN'S ASSOCIATION TO THE NORTH CAROLINA STATE FIREFIGHTERS' ASSOCIATION, AND TO CLARIFY THAT FIRE ALARMS THAT ARE UNINTENTIONAL AND RESULT IN NO DAMAGE ARE NOT CONSIDERED WHEN CALCULATING MINIMUM RESPONSE REQUIREMENTS FOR INITIAL RATING OR CLASSIFICATION UNDER G.S. 58 36 10(3).

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

Amends the act's short and long titles.

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

Amends GS 58-84-5 providing that the definition of firefighter also includes firefighters employed at county fire marshal offices. Also makes language gender neutral.

Amends GS 58-84-25(d) concerning local firefighters' relief funds, changing  the "firemen's relief fund" to "local firefighters' Relief Fund," making it consistent with other references to the fund in the General Statutes. 

Amends GS 58-84-30 to amend the appointment process for the trustees of the local Firefighter's Relief Fund so that fire department members would elect two representatives to serve at the pleasure of the department and then the mayor and governing board would appoint two members to serve at the pleasure of the governing board. Deletes the provision where members were elected to staggered terms. Makes technical changes. 

Amends GS 58-84-33 concerning permissible maximum fund balances for local fire department funds, making a technical correction.

Amends GS 58-84-35 concerning the power and authority of the board of trustees of the local Firefighter's Relief Fund, adding a provision allowing boards of trustees to spend funds in order to cover necessary management and investment costs deemed reasonable and appropriate. 

Renames the  NC State Firemen's Association as the NC State Firefighters' Association. Provides that the association is authorized to amend corporate documents to bring them into conformity with the association's new name. Authorizes the Revisor of Statutes to correct references to the Association's name throughout the General Statutes.

Amends GS 58-36-10(3) concerning rate making for property insurance, providing that fire alarms that are unintentional or are malfunctioning, which result in no damage of fire, cannot be considered as far as calculating minimum response times for initial property insurance rating or classification.  

Effective July 1, 2016.

Intro. by C. Graham.GS 58
H 283 (2015-2016) PREVENT SQUATTING IN FORECLOSED REAL PROPERTY (NEW). Filed Mar 18 2015, AN ACT TO ENHANCE CRIMINAL PENALTIES FOR PERSONS WHO COMMIT A TRESPASS TO REAL PROPERTY BY REENTERING AFTER REMOVAL PURSUANT TO A VALID ORDER OR BY KNOWINGLY CREATING OR PRESENTING A FALSE DOCUMENT OF TITLE OR POSSESSION.

Senate committee substitute makes the following changes to the first edition.

Amends the act's short and long titles.

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

Amends GS 14-159.12 concerning first degree trespass to create a Class I felony, with a mandatory minimum fine of $1,000, when a first degree trespass offense (1) occurs on real property where the person has reentered after previously having been removed pursuant to a valid order or writ for possession, or (2) the offense occurs under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest.

Makes conforming changes. 

Effective December 1, 2016, applying to offenses committed on or after that date. 

Intro. by Blackwell.GS 14
H 299 (2015-2016) OCC.LIC./PRIVATE PROTECTIVE SVCS. ACT CHANGES-AB Filed Mar 18 2015, AN ACT TO MAKE VARIOUS CHANGES TO THE PRIVATE PROTECTIVE SERVICES ACT AND THE ALARM SYSTEMS LICENSING ACT AND TO CREATE CERTAIN FEES.

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

Amends GS 74C-5, concerning the powers of the Private Protective Services Board (Board), by adding three new subsections to authorize the Board to (1) adopt rules establishing standards for the use of any firearm or other weapon approved by the Board; (2) acquire, maintain, store, dispose of, and replace motor vehicles for the use of staff and investigators; and (3) adopt and publish a code of professional conduct for licensees, registrants, or permit holders, the violation of which is grounds to suspend or revoke a license, registration, or permit pursuant to GS 74C-12.

Makes a technical change and a clarifying change to GS 74C-7.

Amends GS 74C-8(f), concerning issuance of a license, to specify that, upon approval by the Board, a license will be issued to the applicant upon payment by the applicant of the initial license fee and required contribution to the Private Protective Services Education Fund, and filing of a certificate of liability insurance with the Board (currently, language only requires certificate of liability insurance without specifying where it is to be filed). 

Makes a technical change to GS 74C-9(f).

Amends GS 74C-10, concerning the requirement of certificate of liability insurance, to provide that, if a licensee or a trainee supervised by a licensee, other than a security guard and patrol, armored car, or special car, or special limited guard and patrol licensee, carries a firearm while engaged in private protective services activities, the licensee or trainee must obtain a liability insurance policy with a minimum coverage as specified (currently, does not provide for a trainee to be supervised by a licensee). Provides a licensee or trainee is deemed to be "carrying a firearm" for purposes of the statute while engaged in private protective services if the licensee or trainee has a firearm on the licensee's or trainee's person or in the automobile the licensee or trainee is using to perform private protective services (currently, does not provide for trainee). Establishes that a licensee may provide coverage for a trainee under the licensee's supervision, but failure of the licensee to provide coverage does not exempt the trainee from the requirements of the statute. Makes technical changes.

Enacts new subsection (e1) to GS 74C-10 to require the Board to approve the form, execution, and terms of the liability insurance policy.

Makes technical changes to GS 74C-10(f). Deletes the provision requiring the Board to approve the policy of liability as to its form, execution, and terms, and moves some of the language to new subsection (e1).

Amends subsection (g) to provide that persons registered pursuant to GS 74C-11 are not required to obtain a certificate of liability insurance (currently, provides that the holder of any trainee permit and persons registered pursuant to GS 74C-11 are not required to obtain a certificate of liability insurance).

Amends GS 74C-13, concerning the requirements of a firearm registration permit for armed licensees or registered employees, by adding a new subsection to prohibit the Board from knowingly issuing a firearm registration permit to an individual who is prohibited by state law from possessing a firearm.

Amends GS 74D-2 by amending the requirement for a business entity engaging in the alarm system business to require the qualifying agent to be a state resident if the business entity maintains a physical presence in the state.

Amends GS 74D-3, setting out exemptions from the provisions of GS Chapter 74D (Alarm Systems), by eliminating the exemption for an alarm monitoring company located in another state that demonstrates to the Alarm System Licensing Board's satisfaction that it does not conduct any business through a personal representative present in the State but that solicits and conducts business solely through interstate communication facilities. Makes technical changes.

Amends GS 14-269.3, setting out provisions for carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed, to establish that the statute does not apply to a person registered as a security guard as defined in GS 74C-3(b)(13) who is hired (previously, a person registered or hired as a security guard) by the owner, lessee, or person or organization sponsoring the event or a person employed by a business licensed pursuant to GS 74C-2 who is hired by the owner, lessee, or person or organization sponsoring the event (previously, did not provide for person employed by a business licensed under GS 74C-2 who is hired by the owner, lessee, or person or organization sponsoring the event). 

Makes technical change to GS 74D-5(a).

Current GS 143-341 sets out the powers and duties of the Department of Administration in providing general services and requires the Department to establish and operate a central motor pool and such subsidiary related facilities as the Secretary may deem necessary, and to that end, require all State agencies to transfer ownership, custody, or control of any or all passenger motor vehicles within the ownership, custody, or control of that agency to the Department. Current law excepts motor vehicles under the ownership, custody or control of the Highway Patrol, the State Bureau of Investigation, and constituent institutions of the University of North Carolina used primarily for law enforcement purposes. Adds exception for the Private Protective Services Board and the Alarm System Licensing Board. Also expands the exception for the constituent institutions of the University of North Carolina to those that are used primarily for investigative purposes in addition to the current provision for law enforcement purposes.

Changes the effective date to August 1, 2016 (previously, July 1, 2015).

Intro. by Burr, McNeill.GS 14, GS 74C, GS 74D, GS 143
H 357 (2015-2016) Chemical Analysis Reports/District Court Filed Mar 25 2015, AN ACT TO AMEND PROCEDURES GOVERNING THE ADMISSIBILITY OF WRITTEN CHEMICAL ANALYSIS RESULTS.

AN ACT TO AMEND PROCEDURES GOVERNING THE ADMISSIBILITY OF WRITTEN CHEMICAL ANALYSIS RESULTS. Enacted June 9, 2016. Effective October 1, 2016.

Intro. by Stam, Faircloth, Glazier, Hurley.GS 20
H 591 (2015-2016) STUDY ROANOKE ISLAND FESTIVAL PARK GOVERNANCE (NEW). Filed Apr 2 2015, AN ACT TO CREATE A TASK FORCE TO EXAMINE THE GOVERNING STRUCTURE AND MORE EFFICIENT OPERATION OF THE ROANOKE ISLAND FESTIVAL PARK AND TO PROVIDE FOR THE MORE EFFICIENT OPERATION OF THE ROANOKE ISLAND COMMISSION.

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

Amends the act's short and long titles.

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

Establishes the Roanoke Island Tourism Coordination Task Force (Task Force), consisting of seven specified members. The Task Force is directed to study the operations and governance of the Roanoke Island Commission and the Roanoke Island Historical Association, as well as the attractions each manage or operate, with the purpose of providing for the most efficient, effective, and financially sustainable operation of the Roanoke Island Festival Park and the Elizabeth II State Historic Site.  Requires the Task Force to submit a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division no later than March 1, 2017. Directs the Task Force to terminate on March 1, 2017, or when its final report is filed, whichever occurs first.

Amends GS 143B-131.6(g) concerning required meetings of the Roanoke Island Commission (Commission), deleting a requirement that the Commission meet at least four times a year, now requiring the Commission to meet as often as necessary.

Intro. by Tine.STUDY, GS 143B
H 632 (2015-2016) STUDENT ONLINE PROTECTION ACT. (NEW) Filed Apr 13 2015, AN ACT TO PROTECT STUDENT ONLINE PRIVACY.

AN ACT TO PROTECT STUDENT ONLINE PRIVACY. Enacted June 9, 2016. Effective October 1, 2016.

Intro. by Saine.GS 115C
H 962 (2015-2016) DISTINGUISHED FLYING CROSS PLATE/NO FEE. Filed Apr 26 2016, AN ACT TO ELIMINATE THE FEE FOR A DISTINGUISHED FLYING CROSS SPECIAL REGISTRATION PLATE.

House committee substitute makes the following changes to the first edition.

Amends the act's long title.

Amends GS 20-79.7(a1) to also eliminate the special license plate fee for the air medal recipient special registration plate (previously, act only eliminated the fee for the Distinguished Flying Cross plate). 

Provides that this act is effective on August 1, 2016 (was effective on July 1, 2016). 

Intro. by Hager.GS 20
H 992 (2015-2016) AMEND INDUSTRIAL HEMP PROGRAM. Filed Apr 27 2016, AN ACT TO MODIFY THE INDUSTRIAL HEMP RESEARCH PROGRAM BY CLARIFYING THE DEFINITION OF RESEARCH PURPOSES AND THE RESPONSIBILITIES OF LICENSEES, CREATING CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE INDUSTRIAL HEMP PROGRAM, AND GRANTING RULE‑MAKING AUTHORITY TO THE INDUSTRIAL HEMP COMMISSION.

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

Changes the long and short titles of the act.

Amends GS 106-568.51, which defines terms as they are used in Article 50E of GS Chapter 106, Industrial Hemp, by adding two new defined terms. New subsection (7a) defines industrial hemp research program to mean the research program established pursuant to GS 106-568.53(1), as amended by the act. New subsection (7b) defines State land grant university to mean North Carolina State University and North Carolina A&T State University.

Amends GS 106-568.52, subsection (a), establishing the North Carolina Industrial Hemp Commission (Commission), by increasing the number of Commission members from five to nine members. Increases the Commission members appointed by the Governor from one to two, and provides that those members are to, at the time of appointment, be full-time faculty members of a State land grant university (previously, of a State university) who regularly work in the field of agricultural science or research (previously, who regularly teach in the field of agricultural science). Increases the Commission members appointed by the Commissioner of Agriculture from one to two. Establishes two new Commission members that are to be appointed by the Commissioner of Agriculture, and provides that one is to be a professional agricultural consultant and the other is to be an agribusiness professional. Amends subsection (b), which sets out terms of Commission members, by adding that the term for a member designated by new subdivision (a)(6) of the statute (appointed by the Commissioner of Agriculture, who is a professional agricultural consultant) expire on June 30 of any year evenly divisible by four. Amends subsection (g) to increase the number of Commission members that constitutes a quorum for the transaction of business from three to five members.

Amends GS 106-568.53, concerning the powers and duties of the Commission, as follows.

Amends subsection (1) to direct the Commission to establish an industrial hemp research program to grow or cultivate industrial hemp in the State, to be directly managed and coordinated by State land grant universities (currently, to establish an agricultural program to grow or cultivate industrial hemp in the State). Establishes that the Commission must pursue any permits or waivers from the United States Drug Enforcement Agency or any other federal agency necessary for the establishment of the industrial hemp research program (currently, industrial hemp cultivation pilot program) established by Article 50E. Establishes that the research program is to consist primarily of demonstration plots planted and cultivated in the State by selected growers, who are to be licensed pursuant to section (2) of the statute prior to growing any industrial hemp.

Amends subsection (2) to provide that the Commission is to issue licenses allowing a person, firm, or corporation to cultivate industrial hemp for research purposes to the extent allowed by federal law, upon proper application as the Commission may specify, and in accordance with GS 106-568.53A, as enacted by this act to establish responsibilities of licensees. Deletes the revision of subsection (2) of the previous edition that established that research purposes include the growth, cultivation, and marketing of industrial hemp for purposes of Article 50E.

Amends subsection (3) to direct the Department of Agriculture (Department)  to collect and manage all fees charges by the Commission and remit all funds collected under the statute to the Commission at least monthly. Also allows the Department to retain its actual expenses associated with the issuance of cultivation licenses from the amount to be remitted to the Commission.

Deletes subsections (6) and (7) of the statute, which required the Commission to study and investigate marketplace opportunities for hemp products and best methods of industrial hemp cultivation suited for soil conservation and restoration. 

Amends subsection (8) to provide that the Commission is to adopt rules (currently, directs the Commission to propose to the Board of Agriculture for adoption of reasonable rules and regulations) necessary to carry out the purposes of Article 50E, as specified in existing language. Makes conforming change.

Enacts new subsection (10) to direct the Commission to notify the State Bureau of Investigation (SBI) and all local law enforcement agencies of the duration, size, and location of all industrial hemp demonstration plots authorized for the industrial hemp research program.

Enacts new GS 106-568.53A to require the following of a person granted an industrial hemp license: (1) maintain records that demonstrate compliance with Article 50E and with all other State laws regulating the planting and cultivation of industrial hemp; (2) retain all industrial hemp production records for a minimum of three years; (3) allow industrial hemp crops, throughout sowing, growing, and harvesting, to be inspected by and at the direction of the Commission, the SBI, or the chief law enforcement officer of the unit or units of local government where the farm is located; and (4) maintain a current written agreement with a State land grant university that states that the grower is a participant in the industrial hemp research program managed by that institution.

Enacts GS 106-568.55 to set out 11 permissible research activities in which a licensed grower may participate as part of the industrial hemp research program directly managed by a State land grant university. Permissible research activities include studying and investigating marketplace opportunities for hemp products to increase the job base in the State, studying and investigating best methods of industrial hemp cultivation suited to soil conservation and restoration, conducting seed research to identify seed types that are best suited to be grown in the State, and studying the use of industrial hemp in new energy technologies.

Enacts new GS 106-568.56 to establish a civil penalty and authorizes the Commissioner to assess a civil penalty of no more than $2,500 per violation against any person who: (1) violates any provisions of Article 50E or a rule adopted by the Commission, or conditions of license, permit, or order issued by the Commission; (2) manufactures, distributes, dispenses, delivers, purchases, aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, purchase, or possess with the intent to manufacture, distribute, dispense, deliver, or purchase marijuana on property used for industrial hemp production, or in a manner intended to disguise the marijuana due to its proximity to industrial hemp, which may be in addition to any other penalties provided by law; (3) provides the Commission with false or misleading information in relation to a license application or renewal, inspection, or investigation authorized by the Article; or (4) tampers with or adulterates an industrial hemp crop lawfully planted pursuant to the Article. Directs the Commissioner to remit the clear proceeds of civil penalties assessed pursuant to the statute to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2. Effective December 1, 2016, and applies to offenses committed on or after that date.

Enacts new GS 106-568.57 to establish that any person that manufactures, distributes, dispenses, delivers, purchases, aids, abets, attempts or conspires to manufacture, distribute, dispense, deliver, purchase, or possesses with the intent to manufacture, distribute, dispense, deliver, or purchase marijuana on property used for industrial hemp production, or in a manner intended to disguise the marijuana due to its proximity to industrial hemp, will be deemed guilty of a Class 2 misdemeanor. Provides that this penalty may be imposed in addition to any other penalties provided by law. Establishes that any person that provides the Commission with false or misleading information in relation to a license application or renewal, inspection, or investigation authorized by the Article will be deemed guilty of a Class 2 misdemeanor. Establishes that any person that tampers with or adulterates an industrial hemp crop lawfully planted pursuant to the Article will be deemed guilty of a Class 2 misdemeanor. Effective December 1, 2016, and applies to offenses committed on or after that date.

Current SL 2015-299, Section 3, provides that the Board of Agriculture may adopt temporary rules to implement the provisions of the act and must adopt permanent rules as recommended by the Commission. Changes Section 3 to provide that the Commission may adopt temporary rules to implement the provision of the act, and that the temporary rules are to remain in effect until permanent rules that replace the temporary rules become effective. Makes conforming change to SL 2015-299, Section 4, and to GS 90-87(16).

Intro. by Brody, Dixon, Langdon, Steinburg.GS 90, GS 106
H 1047 (2015-2016) WELFARE REFORM/FOOD AND NUTRITION BENEFITS. Filed May 5 2016, AN ACT TO REQUIRE THE NORTH CAROLINA LOTTERY COMMISSION TO PROVIDE CERTAIN CASH LOTTERY WINNINGS INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF SOCIAL SERVICES; TO CROSS CHECK WITH THE INFORMATION OF APPLICANTS FOR OR RECIPIENTS OF FOOD AND NUTRITION BENEFITS; TO DIRECT THE LEGISLATIVE RESEARCH COMMISSION TO STUDY THE EXTENT TO WHICH NORTH CAROLINA CAN DISQUALIFY LOTTERY WINNERS FROM RECEIPT OF FOOD AND NUTRITION BENEFITS; AND TO IMPLEMENT CERTAIN DISQUALIFICATION PERIODS FOR NONCOMPLIANCE WITH WORK REQUIREMENTS FOR FOOD AND NUTRITION BENEFITS.

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

Changes the long title.

Amends GS 18C-114(a), new subdivision (6a), to require the Commission to provide certain information to the Department of Health and Human Services (DHHS), Division of Social Services, regarding persons claiming cash prizes that equal or exceed $2,250 (previously, cash prizes in the amount of $600), as required by GS 18C-176.

Makes conforming change to GS 18C-176 and GS 108A-52.1.

Directs the Legislative Research Commission to study the determination of eligibility and the limitation on categorical eligibility as provided in GS 108A-52 and House Bill 1047, Section 2, as introduced during the 2015 Session. Requires the Legislative Research Commission to report its findings and any proposed legislation to the 2017 Regular Session. Effective when the act becomes law.

Deletes the proposed changes to GS 108A-52 in the previous edition.

Amends proposed GS 108A-52.2 to require the Department to implement the specified disqualification periods for any instance of noncompliance under 7 CFR 273.7 (previously, for any instance of noncompliance with one or more substantive requirements for food and nutrition benefits) unless expressly prohibited by federal law.

Expands the provision of Section 5 allocating any future savings resulting from implementation of the act to DHHS for services to individuals identified as autistic to also include services to individuals identified as mentally ill, intellectually or developmentally delayed, and substance addicted.

Intro. by Jones, Blackwell, Hager.STUDY, GS 18C, GS 108A
H 1148 (2015-2016) GUN RIGHTS AMENDMENT. Filed Jun 9 2016, AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROTECT A PERSON'S RIGHT TO CARRY A CONCEALED WEAPON.

Part I.

Subject to approval by voters at the statewide election in November 2016, amends Section 30 to Article I of the North Carolina Constitution to repeal the provision which provides that the General Assembly may prohibit the practice of carrying concealed weapons. If approved, effective December 1, 2016.

Part II.

Repeals GS 14-269 (Carrying concealed weapons), GS 14-269.3 (Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed), GS 14-269.4 (Weapons on certain State property and in courthouses), and GS 14-277.2 (Weapons at parades, etc., prohibited).

Enacts new Article 54C, Carrying Concealed Weapons, in GS Chapter 14. 

Allows a US citizen who is at least 21 years old to carry a concealed weapon in North Carolina. Makes it unlawful for 11 classes of individuals to carry a concealed weapon, including a person who is ineligible to own, possess, or receive a firearm under the provisions of state or federal law; is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance; or is currently, or has been previously adjudicated to be, lacking mental capacity or mentally ill. A violation by these individuals is a Class 2 misdemeanor for first offenses and a Class H felony for second or subsequent offenses.

Makes it a Class 1 misdemeanor to carry a concealed weapon into: (1) an assembly where a admission fee has been charged if notice is given that carrying a concealed weapon on the premises is prohibited or (2) any establishment where alcoholic beverages are sold and consumed if notice is given. Sets outs exemptions to this prohibition for 18 classes of individuals, including the owner or lessee of the premises or business establishment; a person participating in the event, if the person is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; any person who is a qualified retired law enforcement officer; specified court officials; and off-duty State correctional officers (with specified limitations).

Makes it illegal to possess or carry a deadly weapon in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings. Violations are a Class 1 misdemeanor. Sets out exemptions for 11 classes of individuals, including personnel of the US Armed Forces when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons; civil and law enforcement officers; state probation or parole‑certified officers when off duty; and off-duty State correctional officers (with specified limitations).

Makes it illegal to possess or carry a deadly weapon in courthouses. A violation is a Class 1 misdemeanor.  Sets out exemptions for 19 classes of individuals, including specified court officials; a qualified retired law enforcement officer; clerk of court or register of deeds (with specified limitations); a person who has a firearm in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle; and off-duty State correctional officers (with specified limitations). 

Makes it illegal for parade or funeral procession participants or spectators to carry a concealed weapon on any premises if the person in control of the premises has posted a notice prohibiting the carrying of a concealed weapon on the premises. A violation is a Class 1 misdemeanor.  Sets out exemptions for 17 classes of individuals.

Makes it illegal to carry a concealed weapon: (1) in an area prohibited by rule adopted under GS 120‑32.1, (2) in any area prohibited by 18 USC § 922 or any other federal law, (3) in a law enforcement or correctional facility, or (4) on any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. A violation is a Class 1 misdemeanor.  Sets out exemptions for 15 classes of individuals.

Expands upon the individuals who are exempt from (1) the prohibition on carrying weapons on campus or other educational property and (2) the prohibition on manufacturing, assembling, possessing, storing, transporting, selling, offering to sell, purchasing, offering to purchase, deliver or give to another, or acquire any weapon of mass death and destruction.

Makes conforming changes. Makes technical changes.

Part III. 

Enacts new GS 14-415.10A requiring the state to continue to make a concealed handgun permit available and states the purpose for doing so.

Amends GS 14-415.11 (Permit to carry concealed handgun; scope of permit) to delete the provision concerning a military permittee whose permit has expired during deployment. Establishes that a permit does not authorize a person to carry a concealed handgun in areas prohibited by GS 14-269.2 and GS 14-415.36 (previously, GS 14-269.2, GS 14-269.3, and GS 14-277.2). Also establishes that a permit does not authorize a person to carry a concealed handgun in areas prohibited by GS 14-269.38 (previously, prohibited by GS 14-269.4), except that a person may have a concealed handgun if it is in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle (previously, except as provided under GS 14-269.4(6)). Allows a person to unlock the vehicle or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit. Makes additional conforming changes.

Adds to the provision that makes it lawful for a person to carry any firearm openly, or to carry a concealed handgun with a concealed carry permit, at any State-owned rest area, at any State-owned rest stop along the highways, and at any State-owned hunting and fishing reservation, by adding the stipulation that the person has the firearm in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle. Deletes statutory reference to GS 14-269.4(5). Further adds that a person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit. Makes additional conforming changes.

Makes conforming changes to GS 14-415.12, GS 15A-1343, GS 74E-6, GS 74G-6, and GS 113-136, reflecting the repeals of statutes and new Article 54C.

Repeals GS 14-415.22 (concerning the construction of Article 54B, Concealed Handgun Permit).

Part IV.

Unless otherwise provided, the act becomes effective only upon approval by the voters of the constitutional amendment proposed in Part I of the act. Provides that, if the constitutional amendment proposed in Part I of the act is approved by the voters, the remainder of the act is effective December 1, 2016.

Intro. by Pittman.CONST, GS 14, GS 15A, GS 74E, GS 74G, GS 113

The Daily Bulletin: 2016-06-09

PUBLIC/SENATE BILLS
S 29 (2015-2016) COUNTY EUGENICS COMPENSATION AUTHORITY. (NEW) Filed Feb 4 2015, AN ACT ALLOWING COUNTIES TO COMPENSATE PERSONS ASEXUALIZED OR STERILIZED UNDER COUNTY AUTHORITY FOR THE PURPOSES OF EUGENICS.

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

Amends the act's short and long titles.

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

Enacts new GS 153A-248.1, Authority for county eugenics compensation ordinance, which authorizes counties in the State to adopt ordinances to provide compensation of qualified recipients that were asexualized or sterilized under county authority. Requires such ordinances to become effective on or before July 1, 2018. Specifies who meets the classification of a "qualified recipient." Provides that claims for compensation can only be made by an individual who is alive at the time the individual makes the claim. Provides that any and all claims for compensation under the ordinance must be made no later than December 31, 2019.

Sets out requirements for the authorized ordinances, requiring that they (1) state that the Industrial Commission will determine whether a claimant is eligible for compensation as a qualified recipient and requires the county to reimburse the Commission for expenses, or (2) provide other provisions to afford claimants due process and must also prescribe the manner in which claims will be handled by the county.

Further states that if a claimant dies during the pendency of a claim or after being determined to be a qualified recipient, the decedent’s estate will receive any compensation payment. Also provides that compensation can be deposited into an inter vivos trust established for the benefit of the qualified recipient.

Provides that compensation under these ordinances are not considered income or assets for the purposes of determining eligibility for public benefits or assistance. Further provides that due to the unique harm suffered, this compensation can only be used for the benefit of the victims and cannot be used to pay attorneys’ fees arising from the representation at the county determination level or on appeal.

Directs the Industrial Commission to adopt rules to carry out the duties described in this act. Also directs the Industrial Commission and all other state departments and agencies to collaborate with the county to provide for compensation to victims as soon as practicable. Provides that documents and inquiries concerning these payments are confidential and not public record. Limits the liability of counties arising from the eugenics program to the amount of compensation authorized under this act. Provides that these provisions do not extend any statute of limitations that might have expired prior to July 1, 2013. 

Provides that this act only applies to counties having a population over 350,000 according to the most recent federal decennial census. 

Intro. by Curtis.GS 153A
S 734 (2015-2016) STATEWIDE STANDING ORDER/OPIOID ANTAGONIST. Filed Apr 25 2016, AN ACT AUTHORIZING THE STATE HEALTH DIRECTOR TO PRESCRIBE OPIOID ANTAGONIST BY MEANS OF A STATEWIDE STANDING ORDER, WITH IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR SUCH ACTION, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

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

Recodifies GS 90-106.2 (Treatment of overdose with opioid antagonist; immunity) as GS 90-12.7.

Amends GS 90-12.7, as amended by the above provision and the previous edition, making technical and clarifying changes. Also clarifies the provision giving immunity to the State Health Director from civil and criminal liability for prescribing an opioid antagonist as provided for in GS 90-12.7(b). 

Intro. by Pate, Tucker, Robinson.GS 90

The Daily Bulletin: 2016-06-09

LOCAL/HOUSE BILLS
H 1022 (2015-2016) MAXTON DEANNEX/SILER CITY SATELLITE ANNEX. (NEW) Filed May 3 2016, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF MAXTON AND TO REMOVE CERTAIN RESTRICTIONS ON SATELLITE ANNEXATIONS FOR THE TOWN OF SILER CITY.

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

Amends the act's short and long titles. 

Amends the effective date clause for the Robeson County Deannexation, adding language that provides that property in the territory described in Section 1 as of January 1, 2016, is no longer subject the municipal taxes imposed for taxable years beginning on or after July 1, 2016.

Amends GS 160A-58.1 concerning municipalities petitioning for annexation, adding Siler City to the list of municipalities exempted from the 10% area cap on voluntary satellite annexation.

Intro. by Pierce.Chatham, Robeson, Scotland
H 1037 (2015-2016) LINCOLNTON AIRPORT/DAVIE COR. CENT (NEW). Filed May 3 2016, AN ACT TO AUTHORIZE THE LINCOLNTON‑LINCOLN COUNTY AIRPORT AUTHORITY TO ENTER INTO CERTAIN CONTRACTS FOR A PERIOD GREATER THAN TWENTY‑FIVE YEARS, TO MAKE TECHNICAL CORRECTIONS TO THE SESSION LAWS RELATED TO THE AIRPORT AUTHORITY, AND TO TRANSFER THE FORMER DAVIE COUNTY CORRECTIONAL CENTER PROPERTY TO THE DAVIE COUNTY BOARD OF COMMISSIONERS.

AN ACT TO AUTHORIZE THE LINCOLNTON‑LINCOLN COUNTY AIRPORT AUTHORITY TO ENTER INTO CERTAIN CONTRACTS FOR A PERIOD GREATER THAN TWENTY‑FIVE YEARS, TO MAKE TECHNICAL CORRECTIONS TO THE SESSION LAWS RELATED TO THE AIRPORT AUTHORITY, AND TO TRANSFER THE FORMER DAVIE COUNTY CORRECTIONAL CENTER PROPERTY TO THE DAVIE COUNTY BOARD OF COMMISSIONERS. Enacted June 9, 2016. Sections 1 and 2 are effective June 9, 2016. The remainder is effective October 1, 2016.

Intro. by Saine.Davie, Lincoln
H 1083 (2015-2016) WILMINGTON/ORDINANCE INITIATIVE & REFERENDUM. Filed May 10 2016, AN ACT AMENDING THE CHARTER OF THE CITY OF WILMINGTON TO ALLOW PROPOSED ORDINANCES TO BE SUBMITTED TO THE CITY COUNCIL BY PETITION SIGNED BY ELECTORS OF THE CITY EQUAL IN NUMBER TO TWENTY-FIVE PERCENT OF THE TOTAL NUMBER OF REGISTERED VOTERS RESIDING WITHIN THE CITY AT THE TIME OF THE LAST REGULAR MUNICIPAL ELECTION.

AN ACT AMENDING THE CHARTER OF THE CITY OF WILMINGTON TO ALLOW PROPOSED ORDINANCES TO BE SUBMITTED TO THE CITY COUNCIL BY PETITION SIGNED BY ELECTORS OF THE CITY EQUAL IN NUMBER TO TWENTY-FIVE PERCENT OF THE TOTAL NUMBER OF REGISTERED VOTERS RESIDING WITHIN THE CITY AT THE TIME OF THE LAST REGULAR MUNICIPAL ELECTION. Enacted June 9, 2016. Effective June 9, 2016.

Intro. by Davis, Hamilton, Catlin.New Hanover
H 1132 (2015-2016) GLEN ALPINE DEANNEXATION. Filed May 18 2016, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF GLEN ALPINE.

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

Amends the effective date clause, by adding language to provide that property in the territory described in Section 1 of the act, as of January 1, 2016, is no longer subject to the municipal taxes imposed for taxable years beginning on or after July 1, 2016. 

Intro. by Blackwell.Burke

The Daily Bulletin: 2016-06-09

ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2016-06-09

PUBLIC BILLS

H 19: MODIFY DEFINITION OF FIREFIGHTER. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 95: TRIBAL ALCOHOLIC BEVERAGE CONTROL.

    Senate: Withdrawn From Com
    Senate: Re-ref to Health Care. If fav, re-ref to Education/Higher Education

H 169: RESTORE STATE CLAIM FOR WRONGFUL DISCHARGE (NEW)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/13/2016
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/13/2016

H 242: VARIOUS CHARTER SCHOOL LAW CHANGES (New)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/13/2016

H 283: PREVENT SQUATTING IN FORECLOSED REAL PROPERTY (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 299: OCC.LIC./PRIVATE PROTECTIVE SVCS. ACT CHANGES-AB

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)

H 357: Chemical Analysis Reports/District Court

    Signed By Gov. 06/09/2016
    Ch. SL 2016-10

H 451: LRC/STUDY SUICIDE PREVENTION.

    House: Withdrawn From Cal
    House: Placed On Cal For 06/15/2016

H 591: STUDY ROANOKE ISLAND FESTIVAL PARK GOVERNANCE (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 632: STUDENT ONLINE PROTECTION ACT. (NEW)

    Signed By Gov. 06/09/2016
    Ch. SL 2016-11

H 657: MATH STANDARD COURSE OF STUDY REVISIONS (New)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/13/2016

H 763: MILITARY OPERATIONS PROTECTION ACT OF 2016 (New).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Agriculture/Environment/Natural Resources
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Agriculture/Environment/Natural Resources

H 817: ENACT UNIFORM LAW ON ADULT GUARDIANSHIP.

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

H 949: OCCUPATIONAL LICENSING BOARD CONTACT INFO.

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

H 962: DISTINGUISHED FLYING CROSS PLATE/NO FEE.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/13/2016

H 986: ZETA PHI BETA/LONG LEAF PINE PLATE CHANGES. (NEW)

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

H 992: AMEND INDUSTRIAL HEMP PROGRAM.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/13/2016

H 1030: 2016 APPROPRIATIONS ACT.

    Senate: Conf Com Appointed
    House: Conferees Changed

H 1035: LGC/TRAINING FOR LOCAL GOV'T FINANCE OFFICERS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/13/2016

H 1047: WELFARE REFORM/FOOD AND NUTRITION BENEFITS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)

H 1055: STATE ETHICS COMM. REVISIONS.

    House: Amend Failed A2
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Regular Message Sent To Senate

H 1060: CONFORM FULL-PAYMENT CHECK LAW TO UCC.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary I

H 1061: PRESERVE TENANCY BY THE ENTIRETY.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary I

H 1062: FIDUCIARY ACCESS TO DIGITAL ASSETS.

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

H 1129: UNIFORM TIME FRAME TO CANVASS VOTES/CBOES.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Redistricting

H 1145: DISAPPROVE DENTAL EXAMINERS RULE.

    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Health Care

H 1147: CONFIRM JAMES GALE/SPECIAL SC JUDGE.

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

H 1148: GUN RIGHTS AMENDMENT.

    House: Filed

S 29: COUNTY EUGENICS COMPENSATION AUTHORITY. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/13/2016

S 160: OFFICIAL STATE VETERANS DAY PARADE. (NEW)

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/13/2016

S 303: REGULATORY REFORM ACT OF 2016. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)

S 575: NC/SC ORIGINAL BORDER CONFIRMATION.

    House: Reptd Fav
    House: Re-ref Com On Judiciary IV

S 734: STATEWIDE STANDING ORDER/OPIOID ANTAGONIST.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/13/2016

S 892: HONOR JOHN H. KERR, III, FORMER MEMBER.

    Ratified
    Ch. Res 2016-11

Actions on Bills: 2016-06-09

LOCAL BILLS

H 1017: NORWOOD DEANNEXATIONS/ANNEXATION.

    House: Passed 3rd Reading
    House: Regular Message Sent To Senate

H 1022: MAXTON DEANNEX/SILER CITY SATELLITE ANNEX. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/13/2016

H 1037: LINCOLNTON AIRPORT/DAVIE COR. CENT (NEW).

    Ratified
    Ch. SL 2016-12

H 1039: SAMPSON/HARNETT/YADKIN OT CHANGES (NEW).

    House: Passed 3rd Reading
    House: Regular Message Sent To Senate
    House: Passed 3rd Reading
    House: Regular Message Sent To Senate

H 1045: NEW BERN CHARTER/REVISED & CONSOLIDATED.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/13/2016

H 1056: YADKIN OCCUPANCY TAX MODIFICATION.

    House: Passed 3rd Reading
    House: Regular Message Sent To Senate

H 1083: WILMINGTON/ORDINANCE INITIATIVE & REFERENDUM.

    Ratified
    Ch. SL 2016-13

H 1132: GLEN ALPINE DEANNEXATION.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/13/2016

H 1133: PARTISAN ELECTION/TRANSYLVANIA BD. OF ED.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Redistricting

S 215: ABOLISH BRUNSWICK COUNTY CORONER.

    House: Withdrawn From Com
    House: Re-ref Com On Local Government

S 878: JONESVILLE/BOONVILLE/EAST BEND/EVEN-YR ELEC'N.

    Senate: Passed 3rd Reading

S 880: ABOLISH CASWELL COUNTY CORONER.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 881: UNION COUNTY SCHOOL FUNDING.

    House: Withdrawn From Com
    House: Re-ref Com On Education - K-12

S 883: NORTHAMPTON COUNTY/WRC SHOOTING RANGES (NEW).

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

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