The Daily Bulletin: 2017-02-02

The Daily Bulletin: 2017-02-02

PUBLIC/HOUSE BILLS
H 37 (2017-2018) PROTECT LAW ENFORCEMENT OFFICERS. Filed Feb 2 2017, AN ACT TO PROTECT MUNICIPAL LAW ENFORCEMENT OFFICERS WHO REPORT IMPROPER OR UNLAWFUL GOVERNMENT ACTIVITY FROM RETALIATION.

Enacts GS 160A-290, Protection from retaliation for municipal law enforcement officers. Defines employing agency and municipal law enforcement officer. Provides a statement of policy and establishes the following protections and remedies.

Prohibits an employing agency from discharging, threatening, or otherwise discriminating against a municipal law enforcement officer regarding the officer's compensation, terms, conditions, location, or privilege of employment because the officer or a person acting on the officer's behalf reports or is about to report activity constituting (1) a violation of State or federal law, rule, or regulation, (2) fraud, (3) misappropriation of State and local government resources, (4) substantial and specific danger to the public health and safety, or (5) gross mismanagement, a gross waste of monies, or gross abuse of authority. Clarifies that this prohibition does not apply where the officer knows or has reason to believe that the report is inaccurate. Prohibits a municipal law enforcement officer from retaliating against another municipal law enforcement officer because the officer or a person acting on the officer's behalf reports or is about to report activity constituting any of the above descriptions.

Prohibits an employing agency from discharging, threatening, or otherwise discriminating against a municipal law enforcement officer regarding the officer's compensation, terms, conditions, location, or privilege of employment because the officer refused to carry out a directive that constitutes a violation of State or federal law, rule, or regulation, or poses a substantial and specific danger to the public health and safety. Prohibits a municipal law enforcement officer from retaliating against another municipal law enforcement officer because the officer refused to carry out such a directive.

Establishes a right of action and remedies for injuries stemming from a violation of the new statute. Lists remedies to damages, injunction, reinstatement of the officer, payment of back wages, full reinstatement of fringe benefits and seniority rights, costs, reasonable attorneys' fees, or any combination thereof. Sets a one year statute of limitations for a claim arising under this statute from the date the alleged violation occurred. Clarifies that any claim arising under Article 21 of GS Chapter 95, Retaliatory Employment Discrimination, can be maintained pursuant to those provisions, and can only be redressed by relief available under that Article.

Requires an officer to be awarded costs and reasonable attorneys' fees if permanent injunction is granted. Further, in an action seeking damages, requires the court to award damages three times the amount of actual damages, in addition to costs and reasonable attorneys' fees, if the court finds the officer was injured by willful violation of the statute.

Makes it the duty of the employing agency of the municipal law enforcement officer to post notice to keep officers informed of their protections and obligations under the new statute. 

Effective October 1, 2017, and applies to acts incurring liability on or after that date.

Intro. by Malone, Dollar, Conrad, Jackson.GS 160A
H 38 (2017-2018) FUNDING FOR SCOTLAND COUNTY FARMERS MARKET. Filed Feb 2 2017, AN ACT TO APPROPRIATE FUNDS FOR A FARMERS MARKET IN SCOTLAND COUNTY.

Appropriates $100,000 for 2017-18 from the General Fund to the City of Laurinburg to support the development and promotion of a farmers' market in the City serving the Scotland County region. Effective July 1, 2017.

Intro. by Pierce.APPROP
H 39 (2017-2018) AMEND APPOINTMENTS/UNC BD OF GOVERNORS. Filed Feb 2 2017, AN ACT TO REDUCE THE NUMBER OF MEMBERS OF THE BOARD OF GOVERNORS ELECTED EACH REGULAR SESSION BY THE GENERAL ASSEMBLY FROM SIXTEEN TO TWELVE AND TO MAKE CONFORMING CHANGES.

Includes several whereas clauses.

Amends GS 116-6, which sets out the election and terms of the University of North Carolina Board of Governors (BOG), who are elected to four-year overlapping terms. The BOG members are elected by the Senate and House of Representatives every two years; reduces the number of members elected by the Senate and the House of Representative from 16 to 12, for those elected during the legislative session in 2017 (previously, 1993) and every two years thereafter. Applies beginning with the election of members of the Board of Governors during the 2018 Regular Session of the 2017 General Assembly.

Effective July 1, 2017, makes conforming change to GS 116-6.1 to reflect the reduction of the Board of Governors from 32 to 28 elected members, as well as makes the language in that statute gender neutral. Effective July 1, 2019, makes conforming change to GS 116-6.1 to reflect the further reduction of the Board of Governors to 24 elected members.

Intro. by Lewis, Fraley, Jordan.GS 116

The Daily Bulletin: 2017-02-02

The Daily Bulletin: 2017-02-02

The Daily Bulletin: 2017-02-02

LOCAL/SENATE BILLS
S 31 (2017-2018) 33RD SENATORIAL DISTRICT LOCAL ACT-1. Filed Feb 2 2017, AN ACT RELATING TO THE 33RD SENATORIAL DISTRICT.

Blank bill.

Intro. by Dunn.Davidson, Montgomery
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: 2017-02-02

PUBLIC BILLS

H 31: MATERIAL FACT DISCLOSURE CLARIFICATIONS.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary I, if favorable, Transportation

H 32: LIMITED CIVIL IMMUNITY/SKI PATROL VOLUNTEERS.

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

H 33: AMEND FIREARM RESTORATION LAW.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary I

H 34: ACQUIRE TWO RESCUE HELICOPTERS/FUNDS.

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

H 35: PROTECT NORTH CAROLINA WORKERS ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Commerce and Job Development, if favorable, Agriculture

H 36: NC IOM STUDY OF EYE CARE ACCESS (NEW).

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Insurance, if favorable, Appropriations
    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Insurance, if favorable, Appropriations

H 37: PROTECT LAW ENFORCEMENT OFFICERS.

    House: Filed

H 38: FUNDING FOR SCOTLAND COUNTY FARMERS MARKET.

    House: Filed

H 39: AMEND APPOINTMENTS/UNC BD OF GOVERNORS.

    House: Filed

S 3: DOT/DMV CHANGES.

    Senate: Withdrawn From Com
    Senate: Re-ref to Transportation. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 8: BLDG. CODE EXEMPT/AIRPORT CHANGES (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

S 12: VETERANS MEMORIAL/FUNDS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 14: LRC/STRENGTHEN SAVINGS RESERVE.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 15: ISD CHANGES AND CAPITAL GRANT CLARIFICATION (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

S 16: BUSINESS & AGENCY REG. REFORM ACT OF 2017 (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 21: DL RESTORATION/DWI TREATMENT COURT.

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

S 22: STUDY UNFUNDED LIABILITY/RETIREE HEALTH FUND.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations on Pensions, Compensation, and Benefits. If fav, re-ref to Rules and Operations of the Senate

S 24: ALLOW RESTAURANTS TO USE OUTDOOR GRILLS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

S 25: REPEAL HB2.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 28: ELECTRONIC PAWN & METALS DATABASE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Commerce and Insurance. If fav, re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 29: ALJ REVIEW OF DPS CIVIL PENALTIES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

Actions on Bills: 2017-02-02

LOCAL BILLS

S 5: MECKLENBURG/POLICE COUNTYWIDE JURISDICTION.

    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 6: CORNELIUS ANNEXATION.

    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

S 13: SANFORD OCCUPANCY TAX.

    Senate: Withdrawn From Com
    Senate: Re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

S 19: EVEN YR MUNICIPAL ELECTION/TOWNS OF TROY/STAR.

    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate

S 23: 25TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 26: LOCAL/PITT, GREENE, WAYNE, & LENOIR COUNTIES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 27: $5 VEHICLE TAX FOR GREENE CO. ECONOMIC DEV.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

S 30: 11TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 31: 33RD SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

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