Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 20-88.1 and GS 115C-215 to remove the North Carolina Police Benevolent Association from those entities consulting on the development of instruction on law enforcement procedures during traffic stops.
The Daily Bulletin: 2017-05-31
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The Daily Bulletin: 2017-05-31
PUBLIC/HOUSE BILLS
H 21 (2017-2018) DRIVER INSTRUCTION/LAW ENFORCEMENT STOPS. Filed Jan 25 2017, AN ACT TO REQUIRE DRIVER INSTRUCTION ON LAW ENFORCEMENT PROCEDURES DURING TRAFFIC STOPS.
H 56 (2017-2018) AMEND ENVIRONMENTAL LAWS. Filed Feb 7 2017, AN ACT TO AMEND VARIOUS ENVIRONMENTAL LAWS.
Senate committee substitute makes the following changes to the 3rd edition.
Deletes proposed amendment to GS 143-215.31(a1), regarding Emergency Action Plans for high- and intermediate-hazard dams.
Amends GS 143-215.1C (Report to wastewater system customers on system performance; report discharge of untreated wastewater to the Department; publication of notice of discharge of untreated wastewater and waste). Deletes proposed amendment to provisions regarding required press releases on discharge of untreated waste. Authorizes the Department of Environmental Quality (DEQ) to waive or extend the time period for reports to DEQ or press releases required under this statute during extraordinary circumstances which make it impracticable to measure or otherwise collect data regarding a discharge, such as major floods, named storms, or extreme weather.
Deletes proposed repeal of GS 143-215.1(a7), regarding high rate infiltration wastewater disposal systems that utilize non-native soils or materials in a basin sidewall to enhance infiltration, and when those soils or materials are not considered part of the disposal area.
Deletes proposed amendments to GS 113-300.6, regarding the Governor's execution of an Interstate Wildlife Violator Compact, to GS 113-300.7 (Appointment of Compact Administrator; implementation; rules, amendments), and to GS 143-215.3A (Water and Air Quality Account; use of applications and permit fees; Title V Account; I & M Air Pollution Control Account; reports).
Repeals Part 2G (plastic bag management) of Article 9 of GS Chapter 130A, as the title indicates. Makes conforming changes to GS 130A-22 by removing related penalty provisions. Repeals Section 13.10(c) of SL 2010-31 (requiring in part that the Division of Waste Management and the Division of Environmental Assistance and Outreach monitor plastic bag use reduction resulting from Part 2G and report on the banäó»s impacts to the Environmental Review Commission on or before January 15, 2012). Effective July 1, 2017.
Directs the Commission for Public Health and local inspectors to implement the Pool Lighting and Ventilation Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Pool Lighting and Ventilation Rule means 15A NCAC 18A .2524 (Lighting and Ventilation). Directs the Commission for Public Health to require pool illumination sufficient to illuminate the main drains of a pool, and sufficient to illuminate the deck area of a pool so that it is visible at all times the pool is in use. Directs the Commission for Public Health to not require specific foot candles of illumination for the deck area. Directs the Commission to adopt a rule to amend the Pool Lighting and Ventilation Rule substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that these requirements expire when permanent rules adopted as required by the Section become effective.
Deems any subdivision meeting two listed requirements,including that the subdivisionäó»s original declaration of covenants was recorded prior to the effective date of this act, as in compliance with the impervious surface limitations of SL 2008-211 (Improve Coastal Stormwater Management) and its implementing rules. Establishes that these provisions apply only to impervious surfaces built prior to January 1, 2017, and that any impervious surface built on or after January 1, 2017, is subject to SL 2008-211 and its implementing rules.
Directs the Environmental Management Commission (Commission) and DEQ to implement the Protection of Existing Buffers Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Protection of Existing Buffers Rule means 15A NCAC 02B .0267 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers). Requires the Commission to exempt from the applicability requirements of the Protection of Existing Buffers Rule any publicly owned spaces where it has been determined by the head of the local law enforcement agency with jurisdiction over that area that the buffers pose a risk to public safety. Directs the Commission to adopt a rule to amend the Protection of Existing Buffers Rules substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that these requirements expire when permanent rules adopted as required by the Section become effective.
Directs the Environmental Management Commission and DEQ to implement the Protection and Maintenance of Existing Riparian Buffers Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Protection and Maintenance of Existing Riparian Buffers Rule means 15A NCAC 02B .0243 (Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers). Requires the Commission to exempt from the applicability requirements of the Protection and Maintenance of Existing Riparian Buffers Rule any publicly owned property that will be used for walking trails. Directs the Commission to adopt a rule to amend the Protection and Maintenance of Existing Riparian Buffers Rule substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that these requirements expire when permanent rules adopted as required by the Section become effective.
Amends GS 105-275 (Property classified and excluded from the tax base). Designates that portion of real property that is subject to any of seven listed riparian buffer rules, including the above-described Protection and Maintenance of Existing Riparian Buffers Rule, and is being used as a riparian buffer, as a special class to be excluded from tax. Effective for taxes imposed for taxable years beginning on or after July 1, 2018.
Directs the Division of Water Resources, within DEQ, to conduct a water quality sampling program for nutrients along the maintstem of the Catawba River, and to report the results of its study to the Environmental Review Commission by October 1, 2018.
Amends laws governing mining permits as follows:
(1) Amends GS 74-50, regarding mining permits. Extends the authorized length of an operating permit from its current 10 years to the life-of-site of the operation (as defined), unless revoked, or in the case ofpermits for mining operations conducted on real property leased from a public entity (as defined),to the life-of-lease (as defined).
(2) Amends GS 74-51. Further authorizes DEQ to deny a mining permit upon finding that the applicant, or listed affiliated entities, has not been in substantial compliance with GS Chapter 74, Article 7 (The Mining Act of 1971), accompanying rules, or other State environmental protection laws or rules, or has not corrected all violations under The Mining Act of 1971 or accompanying rules, that resulted in failure to pay the application processing fee required under GS 74-54.1.
(3) Makes conforming changes to GS 74-52 by deleting all references to renewing a mining permit.
(4) Amends GS 74-54 (Bonds). Makes a conforming change by deleting a reference to renewing a mining permit. Requires applicants for modification of an existing mining permit to comply with the provisions of that statute. Provides a maximum amount of $1 million for bonds for mining permits.
(5) Makes a conforming change to GS 74-54.1 (Permit fees) by deleting references to permit renewals, and clarifies that the fee for transfers in that statute applies to permit transfers. Requires payment of an annual operating fee of $400 per permit per year, and a late fee of $50 per month per permit for every month or partial month that payment of the annual operating fee is delinquent.
(6) Amends GS 74-55 (Reclamation report). Makes the annual reclamation report due by July 1 of each year, and requires the annual operating fee to accompany the report. Authorizes DEQ to assess and collect a monthly penalty for each annual report or annual operating fee not filed by July 31 of each year until the annual report and operating fee are filed. If the report and fee, including late payment penalties, are not filed by December 31 of each year, DEQ shall give written notice to the operator and initiate permit revocation proceedings. Notwithstanding this statute, makes the initial annual operating fee due December 31, 2017.
(7) Makes conforming changes to GS 74-58 (Suspension or revocation of permit). Further prohibits reinstatement of a suspended permit until an operator satisfies the requirements currently listed for new permits for operators whose permit was suspended has been revoked.
(8) Makes a conforming change to GS 74-60 (Notice) by deleting a reference to renewing a mining permit.
Mining permit amendments are effective when the bill becomes law, and apply to valid permits for existing mining operations issued before the effective date of this act, and any permit application for a mining operation, pending or submitted, on or after that date. Directs DEQ to issue life-of-site permits or life-of-lease permits, as applicable, to replace valid permits for existing mining operations issued before the date this act beocmes effective, no later than December 1, 2017. Valid permits and their terms and conditions remain in effect and govern the operations of the facility, notwithstanding any termination date that may be included in such permit, until such time as life-of-site or life-of-lease permits are issued.
Amends GS 40A-3, regarding who may exercise the power of eminent domain. Deletes the requirement that pipelines or mains originate in North Carolina for corporations, bodies politic, or persons to exercise the power of eminent domain for their construction. Applies to takings occurring on or after the date this bill becomes law.
Directs cities or counties that have accepted State funds for inlet dredging, beach renourishment, or dune construction or maintenance, to prohibit any alteration, excavation, or removal of sand in the sand dune system (as defined) in areas subject to inundation by the one-percent annual chance flood event unless the sand dune system provides adequate flood protection to withstand erosion during the one-percent annual chance flood event, as specified. Provides that the State shall not provide State funds for inlet dredging, beach renourishment, or dune construction or maintenance to any city or county unless the applicant for such funds provides a certification showing that it has complied with this requirement.
Amends GS 143B-289.52 (Marine Fisheries Commission--powers and duties). Provides that a supermajority of the Commission is five (was, six) members. Requires a supermajority for any action taken under the powers and duties set forth in this statute, including rule making and the regulation of fisheries under a fishery management plan.
Amends GS 143B-289.54, regarding the governance, staffing, and support of the Marine Fisheries Commission. Reduces the number of seats on the Marine Fisheries Commission from nine to seven, eliminating the two seats designated for persons having general knowledge of and experience related to subjects and persons regulated by the Commission. Makes a conforming change.
Amends GS 113-182.1. Authorizes the Secretary of Environmental Quality to authorize the Marine Fisheries Commission to develop expedited temporary management measures (was, to develop temporary management measures) to supplement an existing fishery Management Plan. Limits supplementary management measures to those management strategies contained in the original fishery management plan or subsequent amendments to the plan adopted by the Marine Fisheries Commission, and prohibits supplementary management measures that either were not originally developed in accordance with this statute, or result in severe curtailment of the usefulness or value of equipment as specified.
Provides a severability clause. Except as otherwise provided, effective when the bill becomes law.
Makes technical and organizational changes.
H 252 (2017-2018) BUILDING CODE REGULATORY REFORM. Filed Mar 2 2017, AN ACT TO MAKE VARIOUS CHANGES AND CLARIFICATIONS TO THE STATUTES GOVERNING THE CREATION AND ENFORCEMENT OF BUILDING CODES.
Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 153A-352 (pertaining to counties) and GS 160A-412 (pertaining to cities) to require an inspector, for each requested inspection, to inform the permit holder of instances in which the work is incomplete or otherwise fails to meet the requirements of the North Carolina Residential Code for One- and Two-Family Dwellings or the NC Building Code (was, North Carolina Residential Code for One- and Two-Family Dwellings only).
H 343 (2017-2018) ENFORCEMENT OF DVPO ON APPEAL. Filed Mar 14 2017, AN ACT TO ENSURE THAT DOMESTIC VIOLENCE VICTIMS ARE PROTECTED BY CLARIFYING THAT A VALID PROTECTIVE ORDER REMAINS IN EFFECT AT THE TRIAL COURT LEVEL THROUGHOUT THE PENDENCY OF AN APPEAL BY THE AGGRIEVED PARTY UNLESS THE COURT FINDS THAT A STAY IS NECESSARY IN THE INTEREST OF JUSTICE.
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 50B-3 by adding that a court may modify any protective order entered under GS Chapter 50B, when there is a written request to do so by ether party at a hearing after notice or service of process, upon a finding of good cause. Makes conforming technical changes.
| Intro. by McNeill, R. Turner, Riddell. | GS 50B |
H 399 (2017-2018) STOP IMAGES TAKEN W/O CONSENT FROM DISSEMIN. Filed Mar 16 2017, AN ACT TO PROTECT PERSONS WHO ARE PHOTOGRAPHED, VIDEOTAPED, OR RECORDED WITHOUT THEIR CONSENT FROM HAVING HIS OR HER IMAGE DISCLOSED.
Senate committee substitute makes the following changes to the 1st edition.
Amends the definition of image in GS 14-190.5A to add live transmission, and to include digital or computer-generated visual depiction (was, digital, computer, or computer-generated image or picture), as well as any other reproduction made (was, made or produced) by electronic, mechanical, or other means.
Adds the requirement that the Joint Legislative Oversight Committee on Justice and Public Safety study the issue of improper disclosure of an image of a person superimposed onto another image of exposed intimate parts, or depicting sexual conduct, and report findings and recommendations to the General Assembly by April 1, 2018.
Makes conforming technical changes.
H 707 (2017-2018) LIEN AGENT/NOTICE OF CANCELLATION. Filed Apr 10 2017, AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING LIEN AGENTS FOR THE PURPOSE OF PROVIDING FOR THE CANCELLATION AND RENEWAL OF A NOTICE TO LIEN AGENT.
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 44A-11.1 (Lien agent; designation and duties). Further requires closing attorneys to request copies of renewals of notices to lien agents received by the lien agent relating to the real property to be deemed to have fulfilled their professional obligation as a closing attorney in that matter.
Amends GS 44A-11.2 (Identification of lien agent; notice to lien agent; effect of notice). Replaces currently proposed subsection (q) and (r), regarding the cancellation of Notices to Lien Agents and with subsection (q) as follows: for any improvement to real property subject to GS 44A-11.1, a potential lien claimant may cancel a Notice to Lien Agent by utilizing the Internet web site approved for such use by the designated lien agent. For any improvement to real property subject to GS 44A-11.1 comprising one- or two-family dwellings, a potential lien claimant shall cancel a Notice to Lien Agent by utilizing the Internet Web site approved for such use by the designated lien agent within a reasonable time after the potential lien claimant has confirmed its receipt of final payment for the improvement to which the Notice to Lien Agent relates. Provides that Notices to Lien Agents timely renewed prior to cancellation or expiration maintain and relate back to the original delivery date (was, filing date) of the Notice to Lien Agent. Replaces proposed subsection (v), regarding Notices to Lien Agents filed after a prior Notice to Lien Agent is cancelled or expires, with new subsections (u) and (v) (reflecting organizational changes) as follows: provides that protections to potential lien claimants as the result of delivery of a Notice to Lien Agent terminate upon the cancellation or automatic expiration of that Notice to Lien Agent, and are not revived or renewed by subsequent delivery of a Notice to Lien Agent by that potential lien claimant. Cancellation or expiration of a Notice to Lien Agent under this statute has no affect upon the validity of a previously filed claim of lien or upon the priority of lien rights.
Makes conforming organizational changes.
H 716 (2017-2018) CMVS/USE OF PLATOONS. Filed Apr 10 2017, AN ACT TO PROVIDE THAT THE LAWS REGULATING THE DISTANCE BETWEEN MOTOR VEHICLES TRAVELING ON THE ROAD DO NOT APPLY TO ANY NON‑LEADING COMMERCIAL MOTOR VEHICLE TRAVELING WITHIN A PLATOON WHERE AUTHORIZED BY THE DEPARTMENT OF TRANSPORTATION.
Senate committee substitute makes the following changes to the 1st edition.
Amends proposed GS 20-152(c) to provide that the other provisions of the statute, concerning following too closely, do not apply to the driver of any nonleading commercial motor vehicle traveling in a platoon on any roadway where the Department of Transportation has authorized travel by platoon through a traffic ordinance (was, traveling in a platoon with other commercial motor vehicles). Makes conforming changes to the act's long title.
Adds a new section requiring the Department of Transportation to report on the implementation of the act to the Joint Legislative Transportation Oversight Committee by April 1, 2018. Makes conforming technical changes.
| Intro. by Torbett. | GS 20 |
H 746 (2017-2018) NC CONSTITUTIONAL CARRY ACT. Filed Apr 11 2017, AN ACT TO MAKE MULTIPLE CHANGES TO THE STATE LAWS REGARDING FIREARMS.
House committee substitute makes the following changes to the 1st edition.
Amends the long title.
Part I
Amends proposed GS 14-415.35 (Carrying Handguns). Exempts licensed bail bondsmen performing their bondsman duties from the prohibition on carrying a handgun on posted private property. Amends the prohibition on consuming alcohol while carrying a handgun to make that prohibition only apply to the concealed carry of a handgun. Prohibits the carrying of a handgun by a person who is or has been discharged from the US Armed Forces under conditions other than honorable (was, by a person who has been dishonorably discharged). Deletes proposed GS 14-415.36, regarding carrying firearms into assemblies that charge a fee or into establishments where alcoholic beverages are sold and consumed, when firearm prohibitions are posted.
Amends proposed GS 14-415.37, regarding the prohibition of firearms on the premises of the State Capitol, Executive Mansion, or Western Residence of the Governor. Exempts the Governor and the Governor's immediate family from the prohibition on carrying firearms on the Executive Mansion or the Western Residence of the Governor. Requires a person to hold a permit under GS Chapter 14, Article 54B (Concealed Handgun Permit), or to be exempt from obtaining a concealed handgun permit, to qualify for the exemption regarding firearms in closed compartment or containers within the person's locked vehicle. Makes violation of the statute an infraction (was, a Class 1 misdemeanor).
Amends proposed GS 14-415.38, regarding the prohibition of firearms in courthouses. Exempts persons exempted by new GS 14-415.41. Exempts judges with a valid concealed handgun permit who are in the courthouse to discharge the judge's official duties. Exempts magistrates, within all of the courthouse except the courtroom itself (unless the magistrate is presiding in the courtroom), who are in the building to discharge the magistrate's official duties, have a valid concealed handgun permit, have successfully completed a one-time weapons retention training as specified, and secure the weapon in a locked compartment when the weapon is not on the magistrate's person. Requires persons to have a valid concealed carry permit or be exempt from obtaining a permit to qualify for the exemption regarding firearms in closed compartments or containers within locked vehicles. Makes violation of the statute an infraction (was, a Class 1 misdemeanor).
Amends proposed GS 14-415.39, regarding the prohibition of firearms at picket lines and certain demonstrations. Deletes proposed prohibition on possessing firearms or dangerous weapons at parades and funeral processions. Further includes weapons specified in GS 14-415.35 within the definition ofdangerous weapon for the purpose of this statute. Makes conforming changes.
Amends proposed GS 14-415.41 (Exceptions to statutes restricting firearms and other weapons). Deletes provision that GS 14-415.40 (Unlawful to carry a handgun into certain areas) do not apply to the listed classes of individuals. Amends the list of classes of individuals to require the following classes of people to have a valid concealed handgun permit to qualify for the exemption under this statute: North Carolina National Guard members who have been designated in writing by the Adjutant General, State of North Carolina, district attorneys, assistant district attorneys, investigators employed by the office of a district attorney, district court judges, superior court judges, clerks of court, registers of deeds, Department of Public Safety employees designated in writing by the Secretary of the Department of Public Safety, and administrative law judges. Prohibits district attorneys' investigators from carrying a concealed weapon in a courtroom. Requires qualified retired law enforcement officers to meet any of three listed conditions, including holding a concealed handgun permit, to qualify for that class exemption. Requires off-duty state correctional officers to meet firearms training standards of the Division of Adult Correction of the Department of Public Safety to qualify for that class exemption.
Recodifies GS 14-269.3, regarding the prohibition against carrying guns into assemblies where a fee was charged for admission, or into establishments serving alcoholic beverages, as GS 14-415.36 (1st edition repealed GS 14-269.3). Exempts persons listed under GS 14-415.41, and persons carrying a handgun with a valid concealed handgun permit from the statute.
Amends proposed GS 14-415.10A (Purpose). Expands upon the reasons that the State should continue to make concealed handgun permits available, notwithstanding the fact that it is lawful to carry a concealed handgun in the State without obtaining a concealed handgun permit.
Directs the North Carolina Criminal Justice Education and Training Standards Commission to include all changes related to the possession and carrying of handguns enacted by this act into the general guidelines for approved firearms safety and training courses to ensure that changes in law in this area are included in those courses prior to December 1, 2017. Effective July 1, 2017.
Part II
Amends GS 14-269 (Carrying concealed weapons) to add guns to the list of weapons that may not be carried in a concealed way except on the person's own premises. Excludes handguns, as defined in GS 14-415.35, from that prohibition. Amends the list of classes of people exempt from this prohibition. Clarifies that the following classes of people to have a valid concealed handgun permit under GS Chapter 14, Article 54B (was, they had to have a concealed handgun permit issued in accordance with the Article or considered valid under GS 14-415.24) to qualify for the class: designated National Guard members, district attorneys, assistant district attorneys, investigator employed by the office of a district attorney, superior and district court judges, magistrates, clerks of court, registers of deeds, Department of Public Safety employees designated in writing by the Secretary, administrative law judges, and off-duty state correctional officers. Deletes the prohibition on district attorneys and assistant district attorneys carrying concealed weapons in a courtroom, and prohibits district attorneys' investigators from carrying concealed weapons in a courtroom. Deletes proposed repeal of the exemption for qualified retired law enforcement officers. Makes a conforming change by deleting language regarding compliance by off-duty state correctional officers with firearms training standards (which is now addressed in GS 14-415.41. Amends the defense to prosecution under this statute to include the element that the weapon was not a handgun (Current law: the weapon was not a fierearm. 1st edition deleted this element).
Amends GS 14-269.2 (Weapons on campus or other educational property). Deletes proposed amendments to subsections (i), (j), and (k) (regarding exemptions for employees of institutions of higher education or public or nonpublic schools, who resided on the campus of the school, and for persons with concealed handgun permits).
Amends GS 14-401.24 (Unlawful possession and use of unmanned aircraft systems) by amending the definition of weapon to also include those specified in GS 14-415.35.
Amends GS 14-415.11 (Permit to carry a concealed handgun; scope of permit). Deletes proposed repeal of provisions regarding military permittees whose permit has expired during deployment. Repeals provisions authorizing persons with concealed handgun permits on the grounds or waters of State Parks, prohibiting concealed carry of a handgun while consuming alcohol, and authorizing concealed carry of a handgun at State owned rest areas.
Amends GS 14-415.12 (Criteria to qualify for the issuance of a permit). Deletes proposed amendments to provisions requiring the sheriff to deny a permit to applicants who are a danger to themselves, or who were dishonorably discharged from the US Armed Services.
Amends GS 106-503.2 (Regulation of firearms at State Fair). Amends the exception to now refer to those classes named in GS 14-415.41 instead of GS 14-269 and further exempts persons exempted by GS 14-415.41(11) (sworn law enforcement officers whether on or off duty).
No longer repeals GS 14-402 through GS 14-405 and GS 14-407.1
Part III
Amends GS 14-415.10 to revise the definitions ofqualified former sworn law enforcement officer,qualified retired correctional officer, andqualified retired probation or parole certified officerto include individuals retired from service in those positions who have been retired for five years or less (was, two years or less).
Amends GS 14-415.12 by amending the criteria that must be met before a sheriff can issue a concealed handgun permit to require that the applicant not suffer from a currently diagnosed and ongoing mental disorder the sheriff determines would reasonably prevent the safe handling of a handgun (was, does not suffer from a physical or mental infirmary that prevents the safe handling of a handgun). Specifies that previous treatment for transient disorders is not disqualifying. Requires the sheriff to deny a permit to an applicant who is currently, or has been previously, adjudicated by a court to be a danger to self or others due to mental illness or lack of mental capacity (was, adjudicated by a court or administratively determined by a governmental agency whose decision is subject to judicial review to be lacking mental capacity or mentally ill).
Amends GS 14-415.13 to add that a sheriff may schedule appointments for concealed handgun applications if they are scheduled for 15 business days or less from the date on which the applicant informs the sheriff that the applicant possesses all necessary documentation. Also amends the type of mental health and capacity records an applicant must allow to be disclosed to the sheriff.
Amends GS 14-415.15 by requiring the sheriff to issue or deny the concealed handgun permit within 90 days after receiving the items required in GS 14-415.13 from an applicant. Requires that, if the sheriff has not received the required mental health or capacity records after 45 days, that the sheriff request the records again.
Amends GS 14-415.19 to increase the application fee from $80 to $81 and requires that $46 (was, $45) of the fee be remitted to the Department of Public Safety for the costs of performing the criminal record checks.
Part III is effective October 1, 2017, and applies to permit applications submitted on or after that date.
Part IV
Amends GS 120-32.1 to add that legislators, legislative employees, and qualified former sworn law enforcement officers with concealed handgun permits are authorized to carry a concealed handgun on the premises of the State legislative buildings and grounds, notwithstanding any rule by the Legislative Services Commission (Commission). Authorizes the Commission to adopt a rule requiring the legislator, legislative employee, or qualified current or former sworn law enforcement officer to provide notice to the Chief of the General Assembly Special Police before carrying the handgun on the premises. Authorizes the Legislative Services Commission to adopt a rule prohibiting the carrying of a firearm in the gallery of the State legislative building. Makes conforming changes to GS 14-415.11. Effective December 1, 2017.
Part V
Amends GS 14-269.2 (regulating weapons on campus or other educational property) as follows. Defines school operating hours as any times when curricular or extracurricular activities are taking place on the premises and any time when the premises are being used for educational, instructional, or school-sponsored activities. Adds that the restrictions on possessing a firearm when attending a school sponsored curricular or extracurricular activity do not apply if (1) the person is not a participant in, or chaperone or spectator of, the extracurricular activity and (2) the extracurricular activity is conducted in a public place. Adds that the statute does not apply to a person in a vehicle on a road not maintained by the school that crosses the educational property if the person has a weapon, including an open or concealed handgun, within the locked vehicle and the person stays in the vehicle while crossing the property and only unlocks the vehicle for the entrance or exit of someone else. Adds that the statute does not apply to a person with a valid concealed handgun permit, or who is exempt from obtaining a permit if all of the following apply: (1) the person possess and carries a handgun on educational property other than an institution of higher education or a nonpublic, post-secondary education institution; (2) the education property is the location of both a school and a building that is a place of religious worship; (3) the weapon is a handgun; and (4) the handgun is only possessed and carried on educational property outside of the school operating hours.
Part V is effective December 1, 2017, and applies to offenses committed on or after that date.
Part VI
Amends GS 14-404 as follows. Amends the information that an applicant for a pistol permit must submit to no longer require a signed release that authorizes and requires disclosure to the sheriff of any court orders concerning the applicantäó»s mental health or capacity. Instead, adds that the sheriff must request disclosure of any court orders concerning the applicantäó»s mental health or mental capacity. Specifies that this is not to be construed to increase the documentation an applicant is required to provide or to increase the time period. Requires that the permit application include a specified warning that the applicant is giving the sheriff authority to obtain criminal and mental health court orders. Makes conforming changes.
Amends GS 122C-54 by deleting (d2) concerning a sheriff's access to records of involuntary commitment reported to the National Instant Criminal Background Check System. Adds that when a sheriff gives the potential holder of a mental health order written notification that an individual has applied for a pistol purchase permit, the holder of any mental health or capacity court orders must release the orders concerning the applicant to the sheriff.
Part VI is effective August 1, 2017, and applies to applications for pistol purchases pending or submitted on or after that date.
Part VII
Amends GS 14-269.1 to clarify that weapons used in specified crimes must be returned to their rightful owners under specified conditions, unless the rightful owner is the convicted defendant, in which case the presiding judge may dispose of the weapon as specified at the judge's discretion. Adds that if the weapon is owned by the defendant and the defendant is not convicted as provided in the statute, then the presiding judge must order the weapon returned to the defendant.
Amends GS 15-11.1 (seizure, custody, and disposition of articles; exceptions) to provide that after a hearing, the judge must order the disposition of the firearm (which has been determined to no longer be necessary or useful as evidence in a criminal trial) by ordering that the firearm be returned to its rightful owner if the owner is someone other than the defendant and the court makes the required findings. Allows the firearm to be disposed of in the other listed ways if the defendant is the rightful owner.
Enacts new GS 14-277.6 (Going armed to the terror of the people). Creates a new Class 1 misdemeanor for persons who arm themselves with an unusual and dangerous weapon for the purpose of terrifying others, and go about on public highways in a manner to cause terror to the people. Provides that no person may be convicted of this crime based only upon the person's possession or carrying of a handgun, whether openly or concealed.
Part VII is effective December 1, 2017, and applies to offenses committed on or after that date.
Part VIII
Enacts new GS 115C-81.90 requiring the State Board of Education, in consultation with law enforcement agencies and firearms associations, to develop a firearm education course that can be offered as a high school elective. Specifies elements that must be included in the course, requires that it rely on input from law enforcement agencies and firearms associations as well as related scientific engineering and design-related educational sources, and prohibits the use of live ammunition in the course. Requires that the course be supervised by an adult approved by the school principal.
Enacts new GS 115C-81.95 requiring the State Board of Education, in consultation with the Wildlife Resources Commission, the Division of Marine Fisheries, and the Wildlife Management Institute, to develop a comprehensive course on the North American Model for Wildlife Conservation that can be offered as a high school elective.
Part VIII is effective when it becomes law and applies beginning with the 2018-19 school year.
Part IX
Makes section 9.1 (which includes only the effective date provisions) effective July 1. Specifies that unless otherwise provided, the remainder of the act is effective December 1, 2017.
The Daily Bulletin: 2017-05-31
PUBLIC/SENATE BILLS
S 155 (2017-2018) ABC OMNIBUS LEGISLATION. (NEW) Filed Mar 1 2017, AN ACT TO MAKE VARIOUS CHANGES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION LAWS.
Senate committee substitute makes the following changes to the 1st edition.
Amends the long title.
Amends GS 18B-301. Deletes proposed amendments regarding consumer tastings at ABC stores authorized by GS 18B-1114.7, preserving the language regarding consumption on public roads, streets, highways, or sidewalks. Makes conforming changes.
Amends proposedGS 18B-1114.7 (Authorization of spirituous liquor special event permit). Further authorizes holders of supplier representative permits and brokerage representative permits to obtain spirituous liquor special event permits. Deletes language authorizing holders of spirituous liquor special event permits to give free tastings at ABC stores. Authorizes the permit holder's authorized agent to conduct the consumer tasting or pour the spirituous liquor, but provides that the permit holder is solely responsible for any violations of GS Chapter 18B (Regulation of Alcoholic Beverages) in connection with the tasting. Limits the total amount of tasting samples to and consumed by each consumer in any calendar day to 1 ounce (was, 1.5 ounces). Makes conforming changes by deleting language regarding consumer tastings at ABC stores.
Amends GS 18B-1002. Authorizes the Alcoholic Beverage Control Commission to issue a permit to collectors of antique spirituous liquor to authorize them to bring into the State, transport, or possess as a collector a greater amount of those alcoholic beverages than is otherwise authorized by this Chapter, or to sell those alcoholic beverages in a manner prescribed by the Commission.
Amends proposed GS 18B-1002.1 (Special auction permit). Replaces the current list of alcoholic beverages that may be auctioned under this statute's permit with items described in GS 18B-1002(a)(4) (wine, decorative decanters of spirituous liquor, and antique spirituous liquor). Deletes language regarding methods of bidding, jurisdictions in which the permit may be issued, and when the Commission may deny a one-time special auction permit.
Amends proposed GS 153A-145.7 and GS 160A-205.3. Amends the captions to read Hours of certain alcohol sales. Authorizes an ordinance to be adopted by a county or city under those statutes allowing for the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages beginning at 10:00 AM on Sunday pursuant to licensed premises' permits (was, authorized ordinances allowing licensed restaurants, not licensed premises, to sell beverages pursuant to specified permits).
Amends GS 75-40, regarding consumer rebates. Authorizes the inclusion of a person, firm, or corporation's designated agent's telephone number or email address on a rebate form as an alternative to the current requirement of including the telephone number or email address of the person, firm, or corporation offering the rebate.
Directs the ABC Commission to amend its rules no later than December 31, 2017, to permit each of six listed things, including rebate offers by members of the alcoholic beverage industry for the purchase of alcoholic beverages from specified suppliers.
Directs the ABC Commission to amend its rules no later than December 31, 2017, to eliminate any rule or requirement that does any of four listed things, including prohibiting offers and advertisements of "2 for 1," "buy 1 get 1 free," "buy 1 get another for a __ (nickel, penny, etc.)," and any other similar statement.
Makes an organizational change.
S 391 (2017-2018) FERRY TRANSPORTATION AUTHORITY. Filed Mar 27 2017, AN ACT TO AUTHORIZE THE CREATION OF A FERRY TRANSPORTATION AUTHORITY.
Senate committee substitute makes the following changes to the 1st edition.
Amends proposed GS 160A-683 (Creation of Authority). Requires a certified copy of each resolution organizing (was, each resolution signifying the determination to organize) a Ferry Transportation Authority to be filed with the Secretary of State, as specified.
Amends proposed GS 160A-684 (Board of Trustees). Deletes the requirement that the member of a Board of Trustees of a Ferry Transportation Authority appointed by an elected board of a municipality only accessible by vessel be a year-round resident of the municipality (but retaining the requirement that the member be a resident). Deletes the requirement that the Board of Trustees elect a secretary and a treasurer, and authorizes the Board of Trustees to either elect from its membership or appoint a non-member to serve as secretary or treasurer.
Amends proposed GS 160A-685 (Ferry Transportation Authority). Authorizes an Authority to accept gifts or grants of money, real or personal property, or services from a person, the State, the federal government, or a unit of local government. Clarifies that an Authority's power to to provide other transportation related services is restricted to the service area of the Authority.
Amends proposed GS 160A-687 (Competition). Authorizes use of the equipment of the Authority for occasional (was, one-time) charter service events, subject to the currently-described conditions.
The Daily Bulletin: 2017-05-31
LOCAL/HOUSE BILLS
H 25 (2017-2018) RANDOLPH COUNTY ZONING PROCEDURE CHANGES. Filed Jan 26 2017, AN ACT TO ALLOW FOR PLANNING BOARDS TO HOLD HEARINGS AND MAKE FINAL DECISIONS FOR ZONING AMENDMENT REQUESTS IN RANDOLPH COUNTY AND MUNICIPALITIES LOCATED ENTIRELY OR PARTIALLY WITHIN RANDOLPH COUNTY.
AN ACT TO ALLOW FOR PLANNING BOARDS TO HOLD HEARINGS AND MAKE FINAL DECISIONS FOR ZONING AMENDMENT REQUESTS IN RANDOLPH COUNTY AND MUNICIPALITIES LOCATED ENTIRELY OR PARTIALLY WITHIN RANDOLPH COUNTY. Enacted May 30, 2017. Effective May 30, 2017.
| Intro. by McNeill, Hurley. | Randolph |
H 111 (2017-2018) WINSTON-SALEM/SERVICE BY PUBLICATION COST. Filed Feb 15 2017, AN ACT PROVIDING THAT THE CITY OF WINSTON-SALEM MAY RECOVER THE COST OF SERVING COMPLAINTS AND ORDERS BY PUBLICATION IN HOUSING CODE ENFORCEMENT CASES.
AN ACT PROVIDING THAT THE CITY OF WINSTON-SALEM MAY RECOVER THE COST OF SERVING COMPLAINTS AND ORDERS BY PUBLICATION IN HOUSING CODE ENFORCEMENT CASES. Enacted May 30, 2017. Effective May 30, 2017.
H 449 (2017-2018) HENDERSON CTY/LAW ENFORCEMENT TRAINING CENTER. Filed Mar 22 2017, AN ACT PROVIDING THAT HENDERSON COUNTY IS AUTHORIZED TO CONSTRUCT COMMUNITY COLLEGE BUILDINGS ON THE CAMPUS OF BLUE RIDGE COMMUNITY COLLEGE TO BE USED FOR A LAW ENFORCEMENT TRAINING CENTER.
AN ACT PROVIDING THAT HENDERSON COUNTY IS AUTHORIZED TO CONSTRUCT COMMUNITY COLLEGE BUILDINGS ON THE CAMPUS OF BLUE RIDGE COMMUNITY COLLEGE TO BE USED FOR A LAW ENFORCEMENT TRAINING CENTER. Enacted May 30, 2017. Effective May 30, 2017.
| Intro. by McGrady. | Henderson |
The Daily Bulletin: 2017-05-31
ACTIONS ON BILLS
Actions on Bills: 2017-05-31
PUBLIC BILLS
H 21: DRIVER INSTRUCTION/LAW ENFORCEMENT STOPS.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
H 56: AMEND ENVIRONMENTAL LAWS.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Finance
H 57: ENACT PHYSICAL THERAPY LICENSURE COMPACT.
Ratified
H 110: DOT/DMV CHANGES - MEGAPROJECT FUNDING (NEW).
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
H 125: THREATENED WEAPON INC. IN FIRST-DEG RAPE.
Ratified
H 205: WC CHANGES/LEGAL NOTICE MODERNIZATION (NEW).
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
H 224: WARRANT CHECK OF INMATES IN CUSTODY.
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
H 225: ATTEMPTED ROBBERY IS LESSER INCLUDED.
Ratified
H 252: BUILDING CODE REGULATORY REFORM.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
H 343: ENFORCEMENT OF DVPO ON APPEAL.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
H 399: STOP IMAGES TAKEN W/O CONSENT FROM DISSEMIN.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
H 454: SURVEYING AND PLAT RECORDING CHANGES.
Pres. To Gov. 5/31/2017
H 462: BANKING LAW AMENDMENTS.
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
H 478: REQUIRED EXPERIENCE FOR MH/DD/SA QPS.
Ratified
H 548: EQUALIZE TREATMENT OF WASTEWATER PRODUCTS.
House: Regular Message Sent To Senate
H 576: ALLOW AEROSOLIZATION OF LEACHATE.
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
H 590: INTERIOR DESIGN PROFESSION ACT.
House: Placed On Cal For 06/01/2017
H 661: INNOCENT SPOUSE TAX RELIEF.
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 707: LIEN AGENT/NOTICE OF CANCELLATION.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
H 716: CMVS/USE OF PLATOONS.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
H 746: NC CONSTITUTIONAL CARRY ACT.
House: Reptd Fav Com Substitute
House: Re-ref Com On Finance
H 764: EXPANSION OF MSD/BD APPT.
Pres. To Gov. 5/31/2017
H 774: AMEND CERTIFICATES OF RELIEF (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
H 880: PUV FOR BEEKEEPING PROPERTY.
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
S 62: VETERANS' AFFAIRS COMMISSION/STRATEGIC PLAN.
Ratified
S 155: ABC OMNIBUS LEGISLATION. (NEW)
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
S 257: APPROPRIATIONS ACT OF 2017.
House: Reptd Fav Com Sub 2
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2017
S 391: FERRY TRANSPORTATION AUTHORITY.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
S 421: USE OF CAREER & TECHNICAL FUNDS/ONSLOW COUNTY.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2017
Actions on Bills: 2017-05-31
No local actions on bills
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