Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 15A-1343(b), which sets out regular conditions of probation, to add a new subdivision to require a defendant to submit to the taking of digitized photographs, including photographs of the probationer's face, scars, marks, and tattoos, to be included in the probationer's records. Makes conforming change to the title of Part I of the act.
Deletes all proposed provisions in Part II of the previous edition, which included revisions to GS 15A-1343.2 (special probation rules for persons sentenced under Article 81B), and proposed subsection (k5) of GS 20-179 (delegation to probation officer).
Deletes proposed subsection (g) of GS 15A-1368.4 (delegation to post-release supervision officer) and proposed subsection (e) of GS 15A-1374 (delegation to parole officer) from Part III of the previous edition.
Amends GS 15A-1347, concerning appeal from revocation of probation or imposition of special probation upon violation, to provide that, if a defendant appeals an activation of a sentence as a result of a finding of a violation of probation by the district or superior court and is released pursuant to Article 26 of GS Chapter 15A (previously, did not include release pursuant to Article 26), probation supervision is to continue under the same conditions until expiration of the period of probation (previously, until the termination date of the supervision period) or disposition of the appeal, whichever comes first.
Amends GS 15-190(a), concerning person(s) to be designated by the warden to execute a death sentence, to update terminology by replacing the language "guard or guards" with "correctional custody personnel." Makes a technical change. Replaces that same language with "correctional custody personnel" in GS 15-195 (prisoner taken to place of trial when new trial granted). Further, updates terminology by replacing "guard" with "correctional officer" in GS 148-23 (prison employees not to use intoxicants, narcotic drugs or profanity), and GS 148-46(a) (degrees of protection against violence allowed).
Current GS 14-404, concerning the issuance or refusal, and appeal from refusal, of a permit to purchase or receive any weapon mentioned in Article 52A (Sale of Weapons in Certain Counties), excepts officers authorized by law to carry firearms if the officers identify themselves to the vendor or donor as being officers authorized by law to carry firearms and provide one of four identifications, as specified. Expands the third identification that may be provided by an officer, in addition to the requirement to identify themselves as specified under the statute, to allow for a current photographic identification card issued by a State agency that identified the individual as a law enforcement officer or a probation or parole officer certified by the State to be provided to the vendor or donor (previously, did not allow for a photographic ID card issued by a State agency that identifies the individual as a probation or parole officer certified by the State).
Amends GS 20-187.2 (badges and service side arms of deceased or retiring members of State, city and county law-enforcement agencies; weapons of active members) by adding a new subsection to establish that, for purposes of the statute, certified probation and parole officers are to be considered members of a North Carolina State law enforcement agency.
Amends GS 143B-1156, concerning contracts for services by the Division of Adult Correction of the Department of Public Safety, by adding a new subsection to require the Division to pay service providers the contract base award upon the initiation of services, with the remaining payments made as milestones are reaches as stated in the contract for services. Provides that, if the service provider cancels or terminates the contract prior to its conclusion, the service provider must reimburse the Division for the unearned pro-rata portion of the base award.
Provides that Sections 3, 4, 6, 9, and 10 (previously, Sections 5, 6, and 8) of the act become effective July 1, 2016 (previously, July 1, 2015). Provides that Sections 5 and 8 become effective December 1, 2016, and apply to probation violations occurring on or after that date. Provides that the remainder of the act becomes effective December 1, 2016 (previously, December 1, 2015), and applies to persons placed on probation or post-release supervision on or after that date.
The Daily Bulletin: 2016-06-23
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The Daily Bulletin: 2016-06-23
AN ACT TO ALLOW PARTIALLY DISABLED VETERANS TO PARK IN A HANDICAPPED PARKING SPACE WHEN DISPLAYING THE PARTIALLY DISABLED VETERAN SPECIAL PLATE AND TO PROVIDE THAT MEDICAL CERTIFICATION AND RECERTIFICATION REQUIREMENTS FOR HANDICAPPED PARKING PRIVILEGES MAY BE SATISFIED BY A DISABILITY DETERMINATION ISSUED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS INDICATING THE PERSON IS HANDICAPPED. Enacted June 22, 2016. Effective June 22, 2016.
| Intro. by Floyd. | GS 20 |
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. Enacted June 22, 2016. Effective December 1, 2016.
| Intro. by Blackwell. | GS 14 |
AN ACT TO REQUIRE A LICENSE TO OPERATE A BEACH BINGO GAME, TO AUTHORIZE THE STATE BUREAU OF INVESTIGATION TO CHARGE AND COLLECT THAT LICENSING FEE, AND TO MAKE IT A CRIMINAL OFFENSE TO VIOLATE THE BEACH BINGO LICENSING REQUIREMENTS. Enacted June 22, 2016. GS 14-309(5)c., as enacted by Section 1, is effective October 1, 2016. The remainder of Section 1 is effective December 1, 2016. The remainder of the act is effective June 22, 2016.
| Intro. by Hurley. | GS 14 |
Senate committee substitute makes the following changes to the 3rd edition.
Current GS 130A-294(b1)(3) requires the county or city to provide for a public hearing and notice, as specified, prior to the award of a franchise for the construction or operation of a sanitary landfill. Current law also requires the applicant for the franchise to provide a copy of the application to the closest public library to the proposed sanitary landfill site to be made available for inspection and copying by the public. This act adds a provisions that excepts franchises amended by agreement of the parties to extend the duration of the franchise to the life-of-site of the landfill, but for a period not to exceed 60 years, from the requirements of subdivision (3).
Amends Section 16(a) of the act, to direct the Commission for Public Health, the Department of Environmental Quality (previously, the Department of Health and Human Services), and any other political subdivision of the State to implement 15A NCAC 18C .0409(b)(1) (Daily Flow Requirements), as provided in Section 16(b), until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 16(c). Makes clarifying change to Section 16(b).
Deletes the proposed revisions to GS 95-79, concerning certain agreement terms for agricultural employer's status declared invalid.
Makes technical changes to the statutory reference in proposed subsection (a1) of GS 132-6.2, concerning requirements to provide access to public records, to replace the reference to GS 132-6 (inspection and examination of records) with GS 132-9 (access to records).
Deletes the proposed revision to SL 2015-125, Section 10, which delayed the insurance requirement for moped owners. Deletes directives to the Department of Insurance to review which insurance companies provide moped liability insurance and to report to the Joint Legislative Transportation Oversight Committee.
Senate committee substitute makes the following changes to the 2nd edition.
Section 1
Deletes proposed subsection (b) to GS 15A-1475, which required the North Carolina Innocence Inquiry Commission (Commission) to submit a semi-annual report to the Director of the Administrative Office of the Courts with data on the Commission's operations, expenses, and needs. Makes conforming changes.
Amends GS 15A-1460, which defines terms as they apply to Article 92 (North Carolina Innocence Inquiry Commission) of GS Chapter 15A, to add a new subsection to define formal inquiry to mean the stage of an investigation when the Commission has entered into a signed agreement with the original complaint and the Commission has made efforts to notify the victim.
Section 2
Amends GS 15A-1465(a), concerning the Director of the North Carolina Innocence Inquiry Commission (Director)and other staff of the Commission, to require the Director to report to the Director of the Administrative Office of the Courts, who must consult with the Commission chair. Makes technical changes.
Section 3
Deletes proposed subsection (h) to GS 15A-1467, concerning claims of innocence, waiver of a convicted person's procedural safeguards and privileges, formal inquiry, and notification of the crime victim, which required the Director to provide a confidential case status update to the district court attorney and defense counsel, or to the referring counsel, for each case in formal inquiry. Instead, amends GS 15A-1467 as follows.
Amends subsection (a) to provide that a claim of factual innocence for any conviction (previously, a claim of factual innocence) may be referred to the Commission by any court, a State or local agency, or a claimant's counsel (previously, included a claimant). Establishes that a claim of factual innocence for convictions of homicide pursuant to Article 6 of GS Chapter 14, robbery pursuant to Article 17 of GS Chapter 14, any offense requiring registration pursuant to Article 27A of GS Chapter 14, and any Class A through E felony may be made directly by the claimant. Establishes that a claimant who received notice pursuant to subsection (c1) of the statute and did not make a claim of factual innocence is barred from investigation of a claim of factual innocence by the Commission absent a showing of good cause and approval of the Commission Chair.
Current subsection (b) requires the Director of the Commission to obtain a signed agreement by the convicted person in which the convicted person waives his or her procedural safeguards and privileges, agrees to cooperate with the Commission, and agrees to provide full disclosure regarding all inquiry requirements of the Commission, before a formal inquiry into a claim of innocence can be made by the Commission. Current law requires that the convicted person has the right to advice of counsel prior to the execution of the agreement pursuant to subsection (b), and, if formal inquiry is granted, throughout the formal inquiry. Provides that, if counsel does not represent the convicted person, the Commission Chair is to determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel by Indigent Defense Services (IDS) (previously, did not specify IDS to appoint counsel) for the purpose of advising on the agreement. Further, provides that if the convicted person has requested a specific attorney with knowledge of the case, the Director is to inform IDS of that request for their consideration.
Adds new subsection (b1) to prohibit the Commission from conducting forensic testing and claimant interviews prior to obtaining a signed agreement from the convicted person.
Adds new subsection (c1) to provide, absent a showing of good cause and approval by the Commission chair, if a formal inquiry regarding a claim of factual innocence is granted, the Commission must use all due diligence to notify each codefendant of the claim and conduct an investigation, and if the codefendant wishes to file a claim, they must do so within 60 days from receipt of the notice or their claim can be barred from future investigation by the Commission.
Adds new subsection (c2) to provide that, if a formal inquiry regarding a claim of innocence is granted, the Director must provide a confidential case status update for each case in formal inquiry to the District Attorney, and the convicted person, or counsel, at least once every six months. Provides that, if there is no defense counsel, the update must be provided to the District Attorney, the convicted person, and referring counsel, if any. Requires the case status update to include a summary of the actions taken since the last update and the results of any forensic testing that has been conducted.
Section 4
Amends the proposed revisions to GS 15A-1468(a), concerning Commission proceedings, to establish that the Commission's rules of operation that apply to any public hearing held in accordance with the statute cannot exclude the district attorney or defense counsel from any portion of the hearing. Amends the proposed revision to subsection (a1), which authorizes the Commission chair, in the chair's judicial capacity, to compel testimony or the production of other information if the chair determines that the witness's testimony will likely be material to the investigation and necessary (previously, material to the investigation necessary) to reach a correct factual determination in the case at hand. Amends subsection (a2), which provides for a prehearing conference, to clarify that the District Attorney, or designee, must be provided (1) an opportunity to inspect any evidence that may be presented to the Commission that has not previously been presented to any judicial officer or body and (2) any information that the District Attorney, or the District Attorney's designee, deems relevant to the proceedings (previously, any information that he or she deems relevant to the proceedings). Further provides that, at least 72 hours (previously, 24 hours) prior to any Commission proceedings, the District Attorney or designee is authorized to provide the Commission with a written statement, which is to be part of the record.
Adds new subsection to provide that, at any point in the formal inquiry regarding a claim of factual innocence, the District Attorney and the convicted person or the convicted person's counsel can agree that there is sufficient evidence to merit judicial review by the three-judge panel and bypass the eight-member panel. Requires that the Director and Chair of the Commission be notified in writing of the agreement.
Deletes proposed subsection (f), and instead provides the following in proposed subsection (g). Establishes that, except as otherwise provided in the statute, all files and records not filed with the clerk of superior court or present at the Commission hearings are confidential and exempt from the public record. Requires that, if the Commission concludes there is sufficient evidence of factual innocence to merit judicial review, the Commission must make a copy of the entire file available to the district attorney and defense counsel. In addition, upon availability, requires the Commission to provide the district attorney and defense counsel a copy of the uncertified and certified transcript of the Commission's proceedings. Establishes that, absent a judicial finding of malicious conduct, the Commission and Commission staff are not civilly liable for acting in compliance with proposed subsection (g). Moves the language of proposed subsection (g) to new subsection (h).
Section 5
Amends GS 15A-1469(a), concerning the postcommission three-judge panel, to direct that, if the Commission concludes, or the district attorney and the convicted person's counsel agree pursuant to GS 15A-1468(f), as enacted by the act (previously, if the Commission concludes), there is sufficient evidence of factual innocence to merit judicial review, the Chair of the Commission is to request the Chief Justice to appoint a three-judge panel, as specified. Amends subsection (b) to clarify that the senior resident superior court judge in the district court of original jurisdiction (previously, did not clarify in the district of original jurisdiction) must enter an order setting the case for hearing at the special session of superior court for which the three-judge panel is commissioned and require the State to file a response to the Commission's opinion within 90 days of the date of the order.
Adds new subsection (b1) to establish that the Commission's entire file, including files obtained from other agencies, is to be unencumbered by protective orders when transferred to the district attorney and defense counsel pursuant to subsection (g), unless: (1) the district attorney and defense counsel have consented to a protective order over a portion of the file or (2) the district attorney and defense counsel have been given an opportunity to be heard by the senior judge of the three-judge panel before a protective order is issued.
Amends subsection (e) to clarify that the senior resident superior court judge in the district of original jurisdiction is to determine the convicted person's indigency status, and if appropriate, enter an order for the appointment of counsel by IDS (previously, did not specify IDS to appoint counsel). Establishes that, if the convicted person has requested a specific attorney with knowledge of the case, the Director must inform IDS of that request for their consideration.
Section 6
Amends proposed subsection (e) of GS 15A-1471 to provide that the Commission chair, in the chair's judicial capacity, has the authority to direct the Commission staff to search any state or local governmental agency where files or evidence relating to a claim of factual innocence are reasonably likely to be stored (previously, upon request, the Commission has the authority to search any location where files or evidence are reasonably likely to be stored relating to a claim subject to the Commission's inquiry). Makes the proposed language gender neutral.
Section 7
Provides that the act is effective August 1, 2016, and applies to any claim filed on or after that date (previously, effective when the act becomes law). Establishes that nothing in the act abates a claim filed prior to that date or invalidates any action taken on a claim prior to that date.
| Intro. by Glazier, Daughtry, Stam. | GS 15A |
Senate committee substitute makes the following changes to the 3rd edition.
Amends proposed GS 14-313.1(e) clarifying that it is a violation to send a person less than 18 years old to purchase, acquire, or receive kratom products or send them to attempt to do the same (previously, provided only violation to send a person less than 18 any kratom product). Makes a technical change.
Amends GS 15A-150 to require clerks of superior court to report to the Administrative Office of the Courts any individual granted a dismissal after completion of a conditional discharge for first-time misdemeanor violations stemming from the youth access to kratom provisions in GS 14-313.1.
AN ACT AUTHORIZING CRIMINAL RECORD CHECKS OF ANY CURRENT OR PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR CONTRACTORS OF THE OFFICE OF STATE CONTROLLER, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON GENERAL GOVERNMENT. Enacted June 22, 2016. Effective June 22, 2016.
| Intro. by Cleveland, Riddell. | GS 143B |
AN ACT TO CLARIFY THE LAW GOVERNING THE CENTRAL MOTOR FLEET, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON GENERAL GOVERNMENT. Enacted June 22, 2016. Effective June 22, 2016.
| Intro. by Cleveland, Riddell. | GS 143 |
House amendments make the following changes to the 3rd edition.
Amendment #1 amends subsection (g) of proposed GS 132-1.4A to add to the purposes for which a custodial law enforcement agency must disclose or release a recording to a district attorney, to require disclosure or release for the purpose of use in criminal proceedings in district court. Makes technical changes.
Amendment #4 amends subsection (f) of proposed GS 132-1.4A, concerning the release of recordings generally and the requirement of a court order, to allow the court to place any conditions or restrictions of the release of the recording that the court, in its discretion, deems appropriate when the court releases the portions of the recording that are relevant to the person's request, pursuant to subsection (f).
Amends GS 143-318.11(a), which sets out when a public body is authorized to hold a closed session and exclude the public, to add a new subdivision to permit a public body to hold a closed session and exclude the public when a closed session is required to view a recording released pursuant to GS 132-1.4A, as enacted by the act.
AN ACT TO MAKE CONFORMING CHANGES BY REMOVING OBSOLETE REFERENCES TO THE MORE AT FOUR PROGRAM IN THE GENERAL STATUTES, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES, AND TO RENAME PART 6 OF ARTICLE 1B OF CHAPTER 130A OF THE GENERAL STATUTES TO TAYLOR'S LAW ESTABLISHING THE ADVISORY COUNCIL ON RARE DISEASES. Enacted June 22, 2016. Effective June 22, 2016.
House amendment makes the following changes to the 5th edition. Amends GS 14-208.18 to also prohibit a registered sex offender from being on the Western North Carolina Agricultural Center grounds during the period of time each year that the North Carolina Mountain State Fair is conducted and on any other fairgrounds during the period of time that an agricultural fair is being conducted.
| Intro. by Daughtry. | GS 14 |
Senate committee substitute makes the following changes to the 3rd edition.
Amends the act's long title.
Deletes Section 7 from the previous edition, which amended GS 12-3.1(c) to provide for a fee to reimburse the State Highway Patrol for salaries, travel, and other expenses directly related to providing traffic control at public events where admission fees are charged.
Amends the effective date provisions, making technical and conforming changes.
The Daily Bulletin: 2016-06-23
House committee substitute makes the following changes to the 3rd edition.
Changes the long and short titles.
Current GS 160A-293(a) grants a city the general authority and control over all public streets, sidewalks, alleys, bridges, and other ways of public passage within its corporate limits, except to the extent that authority and control is vested in the Board of Transportation. Current law delineates eight powers and duties that the general authority granted to a city includes, but is not limited to. The sixth power included in a city's general authority and control granted in subsection (c) is the power to regulate, license, and prohibit digging in the streets, sidewalks, or alleys, or placing therein or thereon any pipes, poles, wires, fixtures, or appliances on, above, or below the surface. Current law further provides that, to the extent a municipality is authorized to impose a fee or charge with respect to activities conducted on rights-of-way, the fee or charge must apply uniformly and on a competitively neutral and nondiscriminatory basis to all comparable activities by similarly situated users of the rights-of-way. This act adds a provision to prohibit the assessment of a fee or charge for activities conducted in the right-of-way on businesses listed in GS 160A-206(b) (businesses supplying utilities), except to the extent a city's right-of-way management expenses related to the activities of the businesses exceed distributions under Article 5 of GS Chapter 105 (sales and use tax). Effective July 1, 2017.
Provides that, from the effective date of the act until July 1, 2017, no city can impose any new or increased fees or charges on the businesses listed in GS 160A-206(b) for activities conducted in the right-of-way and, subject to other applicable legal requirements, the fees or charges cannot exceed those in effect as of June 1, 2016.
House amendment makes the following changes to the 4th edition.
Amends the proposed provisions to subdivision (6) of GS 160A-296(a), which prohibits the assessment of a fee or charge for activities conducted in the right-of-way on businesses listed in GS 160A-206(b) (businesses supplying utilities), to except from the prohibition (1) fees to recover any difference between a city's right-of-way management expenses related to the activities of businesses listed in GS 160A-206(b) and distributions under Article 5 of GS Chapter 105 and (2) payments under agreements subject to GS 62-350, concerning regulation of pole attachments for public utilities (previously, only excepted fees to the extent a city's right-of-way management expenses related to the activities of those businesses exceed distributions under Article 5 of GS Chapter 105).
Deletes the provisions of Section 9(c) and instead provides in 9(c) that a city cannot impose a fee or charge on businesses listed in GS 160A-206(b) for activities conducted in the city's right-of-way, except fees or charges not exceeding those in effect as of June 1, 2016, or payments under agreements subject to GS 62-350. Provides that Section 9(c) is repealed effective July 1, 2017.
Amends Section 10 to provide that, except as otherwise provided, the act is effective when it becomes law (previously, the act is effective when it becomes law).
AN ACT TO MAKE LEGISLATIVE CHANGES TO FACILITATE THE WORK OF THE BOUNDARY COMMISSION IN CONFIRMING AND REESTABLISHING THE ORIGINAL BOUNDARY EXISTING BETWEEN THE STATES OF NORTH CAROLINA AND SOUTH CAROLINA. Enacted June 22, 2016. Effective June 22, 2016, except as otherwise provided.
| Intro. by Tucker. | GS 18B |
AN ACT TO CHANGE THE REPORTING DATE OF THE BLUE RIBBON COMMISSION TO STUDY THE BUILDING AND INFRASTRUCTURE NEEDS OF THE STATE, AS RECOMMENDED BY THE BLUE RIBBON COMMISSION TO STUDY THE BUILDING AND INFRASTRUCTURE NEEDS OF THE STATE. Enacted June 22, 2016. Effective June 22, 2016.
| Intro. by Barefoot, Harrington, Hise. | STUDY |
Senate committee substitute makes the following changes to the 1st edition.
Deletes the proposed changes to GS 135-48.23, concerning contracts to provide benefits.
Amends GS 135-48.47(b) concerning participation requirements for local governments in the State Health Plan (Plan), making organizational and clarifying changes, prohibiting participating local governments from charging employees more for their coverage than allowed under the set structure of the Plan. Also provides that local governments cannot charge premiums for an employee's dependents that exceed those set by the plan.
Amends GS 135-48.47(c) to allow local governments to elect to participate in the State Health Plan until the number of employees and dependents of employees of local governments enrolled in the Plan reaches 16,000 (set at 20,000 in previous edition) after which time no additional local governments may join the Plan. Sets out a schedule for increasing and enrolling local governments into the Plan, including allowing local governments to be admitted through June 30, 2017, until the number of local government employees and dependents reach 13,500, then through January 31, 2018, allowing the same to enroll plus the estimated number of employees and dependents that completed the Plan's Notice of Participation Sheet prior to April 1, 2016, until enrollment reaches 16,000. After that only the limitations of GS 135-48.47 apply.
Amends deadline date in proposed GS 135-48.47(d) for withdrawal from the Plan by a local government effective January 1, 2017, now requiring withdrawal notices to be made no later than September 15, 2016 (was, October 1, 2016).
Amends GS 58-3-167(a)(1) to clarify that the definition for Health Benefit Plan for the purposes of this section does not include or mean any plan implemented or administered by the State Health Plan for Teachers and State Employees.
Amends the effective date provisions of the act, providing that the changes made to Section 1, GS 135-48.47(b) concerning premiums, is effective January 1, 2017, applying to premiums paid on or after that date. The remainder of the act is effective when it becomes law.
| Intro. by Sanderson. | GS 135 |
The Daily Bulletin: 2016-06-23
Senate committee substitute makes the following changes to the 3rd edition.
Amends proposed Chapter VIA of the Fayetteville City Charter, concerning the Public Works Commission (Commission), providing that the Commission will have four members, with a new appointment being made in September 2016 (previously, membership of Commission was going to increase to five on October 1, 2016, with a new appointment being made in September of 2015).
Clarifies that no member of the Commission can serve for more than two consecutive terms (previously, allowed the city council to increase consecutive terms allowed by a two-thirds vote). Amends provisions concerning the powers and duties of the Commission, clarifying that the Commission is a public authority as defined in GS 159-7(b)(10), or as provided in other State statutes, except as provided for in the Charter or any Financing Documents (previously, provided the Commission was a separate and independent public authority and required the provisions of the Charter to be liberally construed to accomplish that intent and purpose). Adds additional powers and duties for the Commission, providing that the Commission is authorized to sue and be sued in its own name, as well as authorized to plead and be impleaded. Adds additional provisions concerning financial authority providing that the Commission does not have authority, without prior approval of the City Council, to expend funds or offer any kind of financial incentives for purposes not directly related to the Commission's powers and duties.
Makes clarifying changes to provisions concerning property providing that title to all real property, fixtures, and appurtenances under the management of the Commission is in the name of the City with all title to personal property utilized by the Commission in discharge of its duties to be in the name of the Commission (previously only referred to plants, property, and equipment and not real property or personal property).
Amends provisions concerning remittances, first providing that the included processes and procedures for remittances are effective beginning July 1, 2016 (was, July 1, 2015). Then amends percentage amounts, requiring each month a remittance to the City of Fayetteville equal to 1/12 of an annual amount equal to 2.45% of the Total Net Position of the Electric Fund as reported and specified for each immediately preceding fiscal year ending June 30 (previously, 5% of the gross retail sales, less any taxes, of all utility services, except water and sewer services, provided to residential, commercial, and industrial customers of the Commission).
Adds language requiring the Commission's auditor to also report to the Commission in addition to the City Council.
Amends and expands provisions on Commission contracts, now requiring a majority vote of the City Council to approve contracts that expend funds in the amounts as specified (previously, contracts could be approved by at least three members of the Commission). Allows the Commission to approve contracts below the threshold amounts under GS 143-129 by approval of three members of the Commission. Also specifies that the Commission can enter into contracts not requiring City Council approval in the name of the Public Works Commission of the City of Fayetteville. However, contracts needing City Council approval or any contract involving the acquisition, titling, or conveyance of any interest in real property managed by the Commission must be entered into in the name of the City of Fayetteville.
Deletes provisions from previous edition that specified that the current members of the City's Public Works Commission could continue to serve until their successors are appointed.
Specifies that if any differences arise between Section 6A.16 of the Charter and the written agreement between the City of Fayetteville and the Commission, then Section 6A.16 of the Charter controls.
Makes conforming and technical changes.
Amends the effective date, now providing that the act is effective July 1, 2016 (was, July 1, 2015).
| Intro. by Szoka, Floyd, Glazier, Lucas. | Cumberland |
AN ACT AMENDING THE CHARTER OF THE TOWN OF RED CROSS TO AUTHORIZE THE TOWN COUNCIL TO FILL A VACANCY ON THE COUNCIL AND TO CHOOSE ONE OF ITS MEMBERS TO SERVE AS MAYOR PRO TEMPORE. Enacted June 23, 2016. Effective June 23, 2016.
| Intro. by Burr. | Stanly |
Senate committee substitute makes the following changes to the 1st edition.
Amends the act's short and long titles.
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.
Amends Section 1.1 of SL 2009-429 to require the Jacksonville Tourism Development Authority to use at least two-thirds of the funds remitted to it for tourism-related expenditures and use the remaineder to promote travel and tourism in Jacksonville (was, use at least two-thirds of the funds remitted to it to promote travel and tourism in Jacksonville and use the remainder for tourism-related expenditures). Adds that of the funds used for tourism-related expenditures, one-half of those funds must be used for the construction of a sports complex by the City. Effective when the act becomes law and expires on July 1, 2026. Effective July 1, 2026, amends the same provision to now require the Jacksonville Tourism Development Authority to use at least two-thirds of the funds remitted to it to promote travel and tourism and use the remainder for tourism-related expenditures in Jacksonville (was, use at least two-thirds of the funds remitted to it for tourism related expenditures and use the remainder to promote travel and tourism in Jacksonville; also deletes the requirement that one half of the funds used for tourism related expenditures be used to construct a sports complex).
Authorizes the Sanford City Council to levy a room occupancy tax of up to 3%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 160A-215 (Uniform provisions for room occupancy taxes). Requires the Sanford Tourism Development Authority (TDA) to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the city and the remainder for the operation, maintenance, promotion, and renovation of the Dennis A. Wicker Civic Center; any funds dedicated for the Civic Center that are not spent or obligated by the close of the fiscal year may be used to promote travel and tourism in Sanford. Mandates that at least one-third of the TDA’s members must be affiliated with businesses that collect the tax in the city and at least one-half must be currently active in the city’s travel and tourism promotion. Makes conforming changes to GS 160A-215.
Creates Harnett County District H as a taxing district, with the jurisdiction consisting of all of Harnett County, exclusive of the Averasboro Township. Authorizes the governing body of Harnett County District H to levy a room occupancy tax of up to 6% and specifies that the tax is in addition to any state or local sales or room occupancy tax. Requires that any tax be levied, administered, collected, and repealed as provided in GS 153A-155 as if Harnett County District H were a county. Requires Harnett County District H to remit the net proceeds of the occupancy tax on a quarterly basis to the Harnett County District H Tourism Development Authority. The Tourism Development Authority is required to use at least two-thirds of the proceeds to promote travel and tourism and the remainder for tourism-related expenditures in the district. Mandates that at least one-third of the Tourism Development Authority members must be affiliated with businesses that collect the tax in the city and at least one-half must be currently active in the city’s travel and tourism promotion. Makes conforming changes to GS 153A-155.
Amends SL 1983-983, as amended, as follows. Allows Cumberland County to levy a room occupancy tax not to exceed 3% of the gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, or inn located in Cumberland County subject to the State sales tax (was, may impose and levy a tax not to exceed 3% of the gross receipts of any person, firm, corporation, or association derived from the rental of any sleeping room or lodging furnished in any hotel, motel, or inn located in the County and subject to the State sales tax). Deletes the exemptions for persons using a room or lodging for 90 days or more, and for lodgings furnished by charitable, educational, benevolent, or religious institutions or nonprofit organizations. Makes conforming changes. Requires that the net proceeds of the occupancy tax be retained by the county and be used as follows: (1) 47% invested in capital needs and improvements of facilities that enhance travel and tourism within the county; (2) 26% must be disbursed through contracting with community organizations or private vendors to promote, market, and advertise festivals, athletic events and tournaments, arts venues, cultural arts, community markets, and other events that encourage tourism and travel to the County; (3) 20% disbursed through contracting with community organizations or private vendors to market the community by advertising and promoting travel, tourism, and conventions within the County; and (4) 7% to market Cumberland County for economic development purposes. Makes conforming deletions. Deletes all provisions related to the Tourism Development Authority. Requires the Cumberland County Board of Commissioners to adopt a resolution, within 60 days of the effective date of the act, dissolving the Tourism Development Authority.
Repeals Section 7 of SL 1993-413, which established penalties for the refusal to file a return and pay the prepared food and beverage tax. Amends Section 8 of SL 1993-413 to require Cumberland County to use the proceeds of the prepared food and beverage tax, as instructed in the act, and for any purpose that promotes or enhances tourism, travel, arts, entertainment, and sports venues and activities within Cumberland County (no longer requires the County to transfer the proceeds of the prepared food and beverage tax to the Cumberland County Civic Center Commission). Amends Section 11 of SL 1993-413 to no longer require the Cumberland County Board of Commissioners to repeal the food and beverage tax when the new or expanded arena facilities for which the tax was imposed are constructed and any debt for those facilities has been paid.
The Daily Bulletin: 2016-06-23
House committee substitute makes the following change to the 1st edition.
Provides that the property in the territory described in Section 1 of the act, as of January 1, 2016, is subject to municipal taxes for the taxes imposed for taxable years beginning on or after July 1, 2016.
| Intro. by Barefoot. | Wake |
House amendment makes the following changes to the 3rd edition.
Expands the scope of the act so that new GS 160A-279.5, concerning the disposition of service animals, also applies to Rowan County. Makes conforming changes to the act's long title.
Actions on Bills: 2016-06-23
H 19: MODIFY DEFINITION OF FIREFIGHTER. (NEW)
H 253: JUSTICE REINVESTMENT ACT CHANGES.-AB
H 287: AMEND INSURANCE LAWS.-AB
H 289: NC MONEY TRANSMITTERS ACT.-AB
H 407: HOUSING AUTHORITY TRANSFERS (NEW).
H 464: REGIONAL TRANSPORTATION AUTHORITY REVISIONS.
H 550: RALEIGH APODACA SERVICE DOG RETIREMENT ACT (NEW).
H 567: NC CEMETERY ACT CHANGES. (NEW)
H 593: AMEND ENVIRONMENTAL & OTHER LAWS (NEW).
H 667: FACILITY PENALTY & REMEDY/ELECTRON. SUPERVISE(NEW).
H 678: AMEND INNOCENCE COMMISSION STATUTES.
H 747: YOUTH ACCESS TO KRATOM/STUDY ABUSE OTC SUBS (NEW).
H 960: RETIREMENT CREDITABLE SERVICE CHARTER SCHOOLS.
H 972: LAW ENFORCEMENT RECORDINGS/NO PUBLIC RECORD (New)
H 984: TRANSFER OF DAVIE COUNTY CORRECTIONAL CENTER.
H 992: AMEND INDUSTRIAL HEMP PROGRAM.
H 1021: AMEND SEX OFFENDER CERTAIN PREMISES (NEW).
H 1035: LGC/TRAINING FOR LOCAL GOV'T FINANCE OFFICERS.
H 1044: LAW ENFORCEMENT OMNIBUS BILL.
H 1074: SCHOOLS/CC FACILITIES - TEST WATER FOR LEAD (NEW)
H 1080: ACHIEVEMENT SCHOOL DISTRICT.
H 1149: CONFIRM FRED STEEN/BOARD OF REVIEW.
S 19: UNIFORM RECORDING FEES - REGISTER OF DEEDS (NEW).
S 124: ASSUMED BUS.NAME/IC CONTEMPT/PARKS (NEW).
S 326: LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS. (NEW)
S 349: AMD VARIOUS LAWS/STUDY GOLF COURSE TAX POLICY. (NEW)
S 419: LIMIT REVOLVING DOOR EMPLOYMENT.
S 481: FUND SM BUSINESS/DOR RULINGS/CITY RT OF WAY (New).
S 482: LLC CLARIFICATIONS & EMP INVENTION OWNERSHIP. (NEW)
S 600: APPRAISER COMPENSATION/JUDGE PERFORM MARRIAGE (NEW).
S 647: AMEND TRAPPING LAW.
S 667: ELECTIONS OMNIBUS REVISIONS (NEW).
S 792: STATE IT CONTRACTS/CONTRACTOR LIABILITY.
S 803: REV. LAWS TECH. CHG./NO PERMIT FOR FIBER (NEW)
S 805: FIDUCIARY ACCESS TO DIGITAL ASSETS.
S 807: CONFORM FULL-PAYMENT CHECK LAW TO UCC.
S 815: CHARTER SCHOOL IN STATE HEALTH PLAN.
S 832: EXPAND 1%/$80 EXCISE TAX FOR PORTS EQUIP.
S 865: STATE HEALTH PLAN/ADMIN CHANGES/LOCAL GOVTS.
S 872: UNC SELF-LIQUIDATING PROJECTS.
S 894: HONOR JOHN JORDAN, JR., FORMER MEMBER.
Actions on Bills: 2016-06-23
H 345: NORTHAMPTON SHOOTING RANGES (NEW).
H 392: FAYETTEVILLE CHARTER/PWC CHANGES.
H 989: RED CROSS CHARTER AMENDMENTS.
H 1017: NORWOOD DEANNEXATIONS/ANNEXATION.
H 1022: MAXTON DEANNEX/SILER CITY SATELLITE ANNEX. (NEW)
H 1039: SAMPSON/HARNETT/YADKIN OT CHANGES (NEW).
H 1045: NEW BERN CHARTER/REVISED & CONSOLIDATED.
H 1128: CORNELIUS LIMITS (New).
H 1132: GLEN ALPINE DEANNEXATION.
S 215: ABOLISH BRUNSWICK COUNTY CORONER.
S 739: TOWN OF ROLESVILLE/ANNEXATION.
S 774: MARVIN AND ASHEBORO/DEANNEXATION (NEW).
S 787: STOKES COUNTY/LOCAL ACTS - BY REQUEST.
S 795: CLAY COUNTY COURTHOUSE.
S 831: DUPLIN/SAMPSON/DETENTION CONTRACTS ANIMALS (NEW).
S 849: WAKE CTY TOWNS DONATE RETIRED SERVICE ANIMALS.
S 852: TOWN OF BAKERSVILLE/TOWN OF CLYDE/DEANNEX. (NEW)
S 880: ABOLISH CASWELL COUNTY CORONER.
S 883: NORTHAMPTON COUNTY/WRC SHOOTING RANGES (NEW).
S 897: ASHEVILLE CITY COUNCIL DISTRICTS.
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