The Daily Bulletin: 2017-06-20

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The Daily Bulletin: 2017-06-20

PUBLIC/HOUSE BILLS
H 90 (2017-2018) CHANGES TO EDUCATION AND ELECTION LAWS (NEW). Filed Feb 14 2017, AN ACT TO PROVIDE ADDITIONAL FUNDS TO SCHOOLS LOCATED IN COUNTIES THROUGH WHICH THE ATLANTIC COAST PIPELINE RUNS; TO PHASE IN CLASS SIZE REQUIREMENTS OVER FOUR YEARS; TO CREATE AN ALLOTMENT FOR PROGRAM ENHANCEMENT TEACHERS; TO MODIFY TRANSFER REQUIREMENTS FOR THE CLASSROOM TEACHER AND PROGRAM ENHANCEMENT TEACHERS STARTING IN 2018-2019; TO MAKE CHANGES TO PERSONAL EDUCATION SAVINGS ACCOUNTS; TO APPROPRIATE FUNDS FOR THE NC PRE-K PROGRAM IN FUTURE YEARS; AND TO IMPLEMENT THE NORTH CAROLINA SUPREME COURT'S HOLDING IN COOPER VS. BERGER BY GIVING THE GOVERNOR INCREASED CONTROL OVER THE BIPARTISAN STATE BOARD OF ELECTIONS AND ETHICS ENFORCEMENT.

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

Deletes the content of the previous edition and replaces it with the following.

Enacts new GS 116-40.15 (Duty to provide certain information to students applying for admission or enrolled at a constituent institution regarding the employment rates, student loan repayment and default rates, and other similar information of prior graduating classes). Directs constituent institutions (except for high schools) of the University of North Carolina to annually compile specified information regarding graduation rates, student loans, and employment and provide it to students applying to the institution and to enrolled undergraduates who have declared a major. Specifies the timing for when the constituent institution must electronically transmit the information to the applicant or student. Requires UNC General Administration to develop a format for providing the required information to be used by each constituent institution. Requires General Administration to also ensure compliance by each constituent institution.

Applies beginning with students applying for the 2018 fall academic semester, or who declare a major for the 2018 fall academic semester.

Makes conforming changes to the act's titles.

Intro. by Elmore, K. Hall, Hurley.GS 116
H 128 (2017-2018) PROHIBIT DRONE USE OVER PRISON/JAIL. Filed Feb 16 2017, AN ACT TO PROHIBIT THE USE OF AN UNMANNED AIRCRAFT SYSTEM NEAR A LOCAL CONFINEMENT FACILITY OR STATE OR FEDERAL CORRECTIONAL FACILITY.

Senate committee substitute makes the following changes to the 5th edition.

Amends proposed GS 15A-300.3, clarifying that unmanned aircraft systems may not be operated within either a horizontal distance of 500 feet or a vertical distance of 250 feet of a confinement or correctional facility. Makes a similar clarification to the exception to that prohibition for public utilities, prohibiting them from operating an unmanned aircraft system withineither a horizontal or vertical distance of 150 feet from any such facility.

Intro. by McNeill, Torbett, Faircloth.GS 15A
H 216 (2017-2018) INFORMANT STATEMENTS/INNOCENCE COMM'N CHANGES (NEW). Filed Feb 28 2017, AN ACT TO INCREASE THE RELIABILITY OF IN-CUSTODY INFORMANT STATEMENTS, TO MAKE CHANGES TO THE INNOCENCE INQUIRY COMMISSION STATUTES, AND TO STUDY THE ROLE OF THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION.

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

Deletes all provisions of the 2nd edition and replaces it with the following.

Amends the long and short titles.

Enacts new GS Chapter 15A, Article 54 (Reliability of In-Custody Informant Statements), consisting of one statute, GS 15A-981 (In-Custody Informant Statements). Provides that a defendant shall not be convicted of an offense or receive an aggravated sentence if the only supporting evidence presented to a judge or jury is the uncorroborated testimony of anin-custody informant (as defined). Requires the additional evidence to include evidence other than the uncorroborated testimony of another in-custody informant. Directs a judge presiding over a case in which in-custody informant testimony is presented to a jury to instruct the jury that the testimony must be scrutinized with regard to reliability, and that such jury scrutiny may include three listed factors, including whether the witness may have any interest in the outcome of the trial because of the witness's activities as an in-custody informant. Requires all interviews of in-custody informants to be recorded with a visual recording device, as specified. Failure to record does not limit the introduction of any evidence other than the statement of the in-custody informant. Directs district attorneys to establish policies and procedures governing the recording and use of in-custody informant testimony, including maintenance of a central file preserving all records relating to contacts with in-custody informants, whether used as witnesses or not. Prohibits the destruction or alteration of any electronic recording of an in-custody informant interview for one year after the completion of all State and federal appeals of the conviction, including the exhaustion of any appeal of any motion for appropriate relief or habeas corpus proceedings. Requires each electronic recording to be clearly identified and catalogued by law enforcement personnel. Effective December 1, 2017, and applies to offenses committed on or after that date.

Amends GS 15A-1467 (Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim). Requires the Director of the North Carolina Innocence Inquiry Commission (Director) to provide counsel that refers a case to the Commission with a case disposition memorandum, when the claim is closed prior to formal inquiry. Applies to all cases under GS Chapter 15A, Article 92 (NC Innocence Inquiry Commission).

Amends GS 15A-1468. Makes an organizational change. When a formal inquiry case is not presented to the Commission, requires the Director to provide a copy of the full case file to the district attorney and defense counsel when the formal inquiry is completed. For cases presented to the full commission after formal inquiry, requires the Director to make a copy of the entire case file available to the district attorney and defense counsel, as well as a copy of the uncertified and certified transcript of the Commission's proceedings. Applies to all cases under GS Chapter 15A, Article 92 (NC Innocence Inquiry Commission).

Directs the North Carolina Courts Commission, with input from four listed entities, to study the Innocence Inquiry Commission and to look at four listed issues, including the role of the Director and Commission in eight listed matters, and whether referral to the Commission is an appropriate remedy available when a court grants a motion for appropriate relief. Requires a report to the 2018 Session of the 2017-18 General Assembly.

Except as otherwise specified, effective when the bill becomes law.

Intro. by Rogers, Duane Hall, Destin Hall.STUDY, GS 15A
H 229 (2017-2018) GSC TECHNICAL CORRECTIONS 2017. Filed Mar 1 2017, AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE OTHER TECHNICAL, CONFORMING, AND CLARIFYING CHANGES.

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

Changes the act's long title and makes organizational changes, placing existing provisions into new Part I. Adds the following new provisions.

Part I. Technical Corrections Recommended by the General Statutes Commission

Makes technical changes to GS 14-309.7 (Licensing procedure).

Makes technical correction to the statutory reference in Section 4 of SL 2016-27 (Beach Bingo Licenses).

Makes technical correction to GS 20-4.01(32b), defining recreational vehicle. Authorizes the Revisor of Statutes to re-letter the definitions in GS 20-4.01(27) and GS 20-4.01(32b) to place them in alphabetical order. Further authorizes the Revisor of Statutes to conform any citations that change as a result of the re-lettering.

Further amends GS 20-45 (Seizure of documents and plates), making existing language in subsection (b) gender neutral. 

Makes technical and clarifying changes to GS 20-179, concerning sentencing hearings after conviction for impaired driving. Makes existing language gender neutral. Adds descriptors to existing subsections (h1), (k3), and (k4). 

Adds a qualification to previous Section 12, amending GS 36C-8-816.1 (Trustee's special power to appoint to a second trust), providing that Section 12 is repealed if S 450 (the Uniform Trust Decanting Act) of the 2017 Regular Session becomes law.

Makes technical changes to GS 36F-2.

Amends GS 36F-13, providing that when a trustee is not the original user of an account, the custodian is required to disclose certain electronic communications maintained by the custodian and certain digital assets in which the trust has a right or interest if the trustee gives the custodian documentation as specified, among those a verified copy (currently, a certified copy) of the trust instrument or a certification of the trust under GS 36C-10-1013.

Makes existing language in GS 42A-4(4), defining vacation rental agreement, gender-neutral. Makes technical changes.

Deletes the proposed changes to GS 42A-17(a), which referenced the federally insured depository institution rather than the bank or saving and loan association pertaining to the accounting of funds with respect to vacation rentals.

Makes technical change to GS 53-208.42(20), defining virtual currency.

Makes technical and clarifying changes to GS 53-208.44(a), setting forth the exemptions from the provisions of Article 16B (Money Transmitters Act).

Makes technical changes to GS 53-208.47 (Surety bond).

Makes technical and clarifying changes to GS 53-208.51 (Prohibited practices of persons licensed under Article 16B).

Makes technical changes to GS 53-208.53(d), defining timely reporting.

Amends GS 53-208.57, concerning the disciplinary authority of the Commissioner of Banks of the State of North Carolina, directing that all civil money penalties collected under Article 16B be paid to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2 (currently, generally directs the penalties be paid to the county school fund).

Makes technical changes to GS 55-1-40(13a), defining mail, and clarifies that the definition applies to when the term is used as a verb. Provides that this provision is repealed if S 622 (Business Corporation Act Revisions) of the 2017 Regular Session becomes law.

Makes technical changes to a statutory reference in GS 66-71.14(b).

Makes technical correction to delete references to previously repealed GS 160A-37.1 in GS 69-25.15(d) and GS 153A-304.1(d), concerning city fire protection district tax payments. 

Makes technical changes to GS 105-164.13(11b), exempting from sales tax the sales of aviation gasoline and jet fuel to an interstate air business for use in a commercial aircraft.

Makes technical changes to GS 106-950, concerning fires exempt from the provisions of Article 78 (Regulation of Open Fires). Specifies that an air quality permit is not required for the burning of polyethylene agricultural plastic used in connection with agricultural operations related to crops.

Makes technical changes to GS 120-70.106(d).

Corrects the statutory reference in GS 136-41.2(c), concerning the eligibility of municipalities to receive funds appropriated to the Department of Transportation for State aid to municipalities under GS 136-41.1, requiring the municipalities to formally adopt a budget ordinance in substantial compliance with GS 159-8 and GS 159-13 (setting out the requirements of the budget ordinance), as specified (currently, compliant with GS 160A-410.3 which has since been repealed and transferred).

Amends GS 143-58.5, establishing the Alternative Fuel Revolving Fund, to direct the Secretary of Environmental Quality (currently, the Secretary of Administration) to adopt rules as necessary to implement the statute. Makes technical changes. Directs the Codifier of Rules to make necessary conforming changes to reflect name changes and any recodifications resulting from this provision as amended.

Makes technical changes to GS 143B-437.56(b), concerning the minimum and maximum grants under the Job Development Investment Grant Program.

Makes technical and clarifying changes to GS 147-69.2, concerning investments authorized for special funds held by the State Treasurer.

Makes technical changes to GS 147-69.12 (Reporting on the State Treasurer's investment programs).

Amends GS 160A-536 (Purposes for which district may be established). Amends the criteria for contracts entered by a city to provide services in a service district with another governmental agency and/or a private agency. Provides that existing language requiring periodic appropriate accounting for city moneys to include the name, location, purpose, and amount paid to any person(s) with whom the private agency contracted to perform or complete any purpose for which the city moneys were used for that service district applies to contracts entered into on or after June 1, 2016 (currently, does not specify applicability by date). Adds a descriptor to existing subsection (d1).

Corrects a statutory reference in Section 2 of SL 2016-102 to reference GS 14-208.18(a)(3) instead of GS 14-408.18(a)(3).

Makes a technical correction to the introductory language of Section 6(c) of SL 2016-108.

Retitles Article 1D in GS Chapter 90, as Health Program for Medical Professionals (currently, Peer Review).

Corrects the statutory reference in the introductory language of Sections 6.1(a) and 6.1(b) of SL 2016-123 (Measurability Assessments/Budget Technical Corrections).

Part II. Other Technical, Conforming, and Clarifying Amendments

Amends GS 12-3 (Rules of construction of statutes). Adds that husband and wife and similar terms suggesting two individuals who are then lawfully married to each other are to be construed to include any two individuals who are then lawfully married to each other. Also adds that widow and widower mean the surviving spouse of a deceased individual. 

Retitles GS 42-45.2, Early termination of rental agreement by tenants residing in certain foreclosed property (currently, includes early termination by military).

Amends GS 58-37-1(6), defining motor vehicle, to establish that the term does not mean an electric assisted bicycle as defined in GS 20-4.01(7a).

Makes technical changes to subsection (c) in GS 90-12.7 (Treatment of overdose with opioid antagonist and immunity), referencing subdivision (1) of subsection (b) of the statute. Provides that this provision is repealed if H 243 (Strengthen Opioid Misuse Prevention Act) of the 2017 Regular Session becomes law. 

Amends GS 90-96 (Conditional discharge for first offense) to include pleading guilty to or being found guilty of possessing drug paraphernalia prohibited by GS 90-113.22A to those first offenses which a court may conditionally discharge pursuant to subsection (a). Adds that convictions for violations of a provision of GS 90-113.22A are considered previous convictions for the purpose of determining whether the conviction is a first conviction or whether a person has already had a discharge and dismissal. Further, provides that persons who have plead guilty or been found guilty of possessing drug paraphernalia as prohibited by GS 90-113.22A with no previous convictions can be eligible to apply for cancellation of the judgment and expunction of certain records related to the offense pursuant to GS 15A-145.2(c). Makes technical changes.

Corrects the reference in GS 90-414.5(a) to refer to the purposes set out in GS 90-414.4(a) for which the NC Health Information Exchange Authority must provide data and information as specified.

Corrects the statutory references in GS 90-414.7(b)(1) concerning the duty of the NC Health and Information Exchange Authority to oversee and administer the HIE Network to refer to GS 90-414.4(b) and GS 90-414.4(a).

The following provisions apply only if H 630 (Rylan's Law/Family/Child Protection and Accountability Act) of the 2017 Regular Session becomes law: (1) amends GS 108A-74 to refer to counties instead of county departments of social services and (2) amends Section 3.1(b) of H 630 to provide that the amendments to GS 108A-74 are effective when that act becomes law instead of effective upon ratification.

Provides that if H 630 of the 2017 Regular Session becomes law, then GS 108A-74, as amended by Sections 3.1(a) and 3.2(a) of H 630, and Section 40(a) of this act, is amended as follows, effective March 1, 2020. Makes the statute applicable to counties and regional social services departments. 

Only if H 630 of the 2017 Regular Session becomes law, amends GS 108A-15.3D as enacted by Section 4.1 of that act, to grant the regional social services director the authority to enter contracts in accordance with the Local Government Finance Act, GS Chapter 159, on behalf of the regional social services department. Effective March 1, 2019.

If H 630 of the 2017 Regular Session becomes law, amends Section 4.6 of H 630 to provide that Section 4.5 of that act, directing the Social Services Commission to adopt rules governing the obligations of counties to contribute financially to regional social services departments, becomes effective when the act becomes law instead of effective upon ratification. 

Only if H 630 of the 2017 Regular Session becomes law, makes technical and clarifying changes to GS 7B-1001(a) as amended by Section 8(a) of that act and by Section 4 of SL 2017-7. Effective January 1, 2019, and applies to appeals filed on or after that date.

Provides that the above provisions that only apply if H 630 becomes law are effective on the date H 630 become law unless otherwise provided.

Makes technical change to GS 113-291.4A (Open seasons for taking foxes with firearms).

Amends GS 115C-105-51, permitting the Department of Public Instruction (DPI), in consultation with the Department of Public Safety (DPS), to develop standards and guidelines for the development, operation, and staffing of the tip lines for use in local school administrative units (currently, directs DPS, in consultation with DPI). Additionally directs DPI and the Center for Safer Schools, in collaboration with DPS, Division of Emergency Management (currently, directs DPS, Division of Emergency Management in collaboration with DPI), to implement and maintain an anonymous tip line application as specified. 

Amends GS 115D-67.4, requiring the Applied Textile Technology Center to submit all proposed agreements or contracts for supplies, materials, printing, equipment, and contractual services exceeding $1 million authorized by the statute to the Secretary of Administration or the Secretary's designee for review pursuant to GS 114-8.3 (currently, submitted to the Attorney General or the Attorney General's designee).

Makes technical correction to GS 143-49(9), relating to the powers and duties of the Secretary of Administration.

Makes clarifying changes to GS 143B-30.1, directing the Chief Administrative Law Judge of the Office of Administrative Hearings to designate the staff of the Rules Review Commission from among the employees of the Office of Administrative Hearings. Removes the existing provision in subsection (f) providing that the Rules Review Commission can have computer access to the North Carolina Administrative Code to enable the Commission and its staff to view and copy rules in the Code. 

Amends GS 143B-437.01(a), concerning the rules the Department of Commerce must develop for the administration of the Industrial Development Fund Utility Account. Now refers to the county in which the project is located rather than the county in which the datacenter is located in determining the wage standard for the development area under subdivision (a)(6).

Makes technical correction to GS 143B-1333(c).

Makes technical changes to GS 147-12(b).

Only if S 655 (Change Date When Primary Elections Held) of the 2017 Regular Session becomes law; moves presidential primaries to the first Tuesday in March, 2020), amends GS 163-213.4 to direct the State Board of Elections to convene in Raleigh on the first Tuesday in January preceding the presidential preference primary election, unless the first Tuesday in January is the first day of the month, in which case the State Board must meet on January 2 (currently, convenes on the first Tuesday in March preceding the presidential preference primary election).

Amends SL 2016-81 (enacts new Article 16B of GS Chapter 53, Money Transmitters Act) to provide that that act becomes effective October 1, 2016 (currently, October 1, 2015).

Part III. Adjust Certain Education Report Dates

Amends GS 115C-12(25), directing the State Board of Education to report to the Joint Legislative Education Oversight Committee regarding schools identified as low-performing, school improvement plans found to significantly improve student performance, personnel actions taken in low-performing schools, and recommendations for additional legislation to improve student performance and increase local flexibility by November 15 of each year (currently, beginning October 15, 2015, and annually thereafter).

Amends GS 115C-296.13(e), requiring the annual educator preparation program report card be submitted by the State Board of Education to the Joint Legislative Education Oversight Committee by March 15 annually (currently, December 15 annually).

Amends GS 115C-238.55, requiring the State Board of Education and the governing boards of cooperative innovative high schools to report by March 15 of each year (currently, January 15) to the Joint Legislative Education Oversight Committee on the evaluation of cooperative innovative high schools.

Amends Section 1(b) of SL 2013-1, as amended, to require the State Board of Education to submit the report on the impact of awarding the high school endorsements on high school graduation, college acceptance and remediation, and post-high school employment rates by November 15, 2016 (currently, September 15, 2016), and annually thereafter. 

Amends GS 115C-156.2(b), requiring the State Board of Education to report to the Joint Legislative Education Oversight Committee by November 15 (currently, September 15) of each year on the number of students in career and technical education courses who earned community college credit and related industry certifications and credentials, beginning in 2014.

Amends Section 8.29(e) of SL 2015-241, extending the deadline by which the Department of Public Instruction must submit the final report on the After-School Quality Improvement Grant Program to the Joint Legislative Education Oversight Committee to November 15, 2017 (currently, September 15, 2017).

Amends GS 115C-83.10(c), directing the State Board of Education to submit a State-level summary of the information reported by local boards of education pursuant to the statute to the previously specified entities, including the Governor, by December 15, 2016, and annually thereafter (currently, by October 15 of each year beginning with the 2015-16 school year).

Amends GS 115C-174.26(h), requiring the State Board of Education to annually report to the Joint legislative Education Oversight Committee on advanced courses in North Carolina, as specified, by December 15 (currently, beginning November 15, 2014, and annually thereafter).

Corrects the statutory reference in GS 115C-75.9(i) to refer to the school personnel criminal history check set out in GS 115C-332.

H 436 (2017-2018) LOCAL GOVERNMENT/REGULATORY FEES. Filed Mar 22 2017, AN ACT TO PROVIDE FOR UNIFORM AUTHORITY TO IMPLEMENT SYSTEM DEVELOPMENT FEES FOR PUBLIC WATER AND SEWER SYSTEMS IN NORTH CAROLINA AND TO CLARIFY THE APPLICABLE STATUTE OF LIMITATIONS.

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

Deletes all provisions of the previous edition, including the long title, and now provides the following.

Section 1

Enacts new Article 8, System Development Fees, in GS Chapter 162A, to be known as the Public Water and Sewer System Development Fee Act.

Sets forth the definitions applicable to the Article in new GS 162A-201, including system development fee. Defines the term to mean a charge or assessment for service imposed with respect to new development to fund costs of capital improvements necessitated by and attributable to new development, to recoup costs of existing facilities which serve new development, or a combination of those costs, as provided in the Article. Specifies that the term includes amortized charges, lump-sum charges, and any other fee that functions as described by the definition regardless of terminology. Sets out five charges or assessments that the term does not include. 

New GS 162A-203 authorizes local governments to adopt a system development fee for water or sewer service only in accordance with the conditions and limitations of the Article. Requires a system development fee adopted under this Article and in effect on October 1, 2017, to conform to the requirements of the Article no later than July 1, 2018. 

New GS 162A-205 requires a system development fee to be calculated based on a written analysis that meets eight criteria, as specified, which can constitute or be included in a capital improvement plan. The criteria for supporting analysis includes that the analysis is prepared by a financial professional or a licensed professional engineer qualified as described, and the analysis is adopted by resolution or ordinance of the local governmental unit in accordance with GS 162A-209.

New GS 162A-207 prohibits a system development fee from exceeding that calculated based on the system benefit fee analysis. Requires the system development fee analysis to include as part of the methodology a credit against the projected aggregate cost of water or sewer capital improvements in applying the incremental cost or marginal costs, or combined cost, of water or sewer capital improvements. Details criteria for the revenue credit, prohibiting the credit from being less than 25% of the aggregate cost of capital improvements. Also requires the local governmental unit to credit the value of costs in excess of a new development's proportionate share of connecting facilities required to be oversized for use of others outside of the development. Prohibits credit from being applied for water or sewer capital improvements on-site or to connect new development to water or sewer facilities.

New GS 162A-209 provides for notice, the solicitation of public comments, and a public hearing prior to adoption of a system development fee analysis. Requires local governments to publish the system development fee in its annual budget or rate plan or ordinance. Requires the local government to update the system development fee analysis at least every five years.

New GS 162A-211 limits the uses for which revenue from the system development fees calculated using the incremental cost method or marginal cost method can be used, including costs of constructing capital improvements; professional fees; and principal and interest on bonds, notes, or other obligations to finance the construction or acquisition of existing capital improvements. Limits the uses for which revenue from the system development fees calculated using the buy-in method can be used, including previously completed capital improvements for which capacity exists and for capital rehabilitation projects. Provides for local governments pledging a system development fee as security for payment subject to compliance with the statute's limitations. Requires system development fees to be accounted for by means of a capital reserve fund established pursuant to Part 2 of Article 3 of GS Chapter 159 and limited as to expenditure in accordance with this statute. 

New GS 162A-213 provides for the time for collection of system development fees, depending on whether the new development involves the subdivision of land.

New GS 162A-215 calls for narrow construction of the powers conferred by the Article to ensure that system development fees do not unduly burden new development.

Effective October 1, 2017, and apply to system development fees imposed on or after that date.

Sections 2 through 9

Amends GS 130A-64 (Service charges and rates), permitting county sanitary district boards to require system development fees only in accordance with Article 8 of GS Chapter 162A. Makes organizational changes.

Amends GS 153A-277 (pertaining to counties) and GS 160A-314 (pertaining to cities), authorizing counties and cities to require system development fees only in accordance with Article 8 of GS Chapter 162A. Also permits counties and cities to establish and revise schedules of rents, rates, fees, charges, and penalties for the use of or the services furnished or to be furnished by a public enterprise (currently, does not include future services). Makes conforming changes to GS 160A-317, pertaining to a city's power to require connections to water or sewer service and the use of solid waste collection services.

Adds to the powers of water and sewer authorities set out in GS 162A-6(a), authorizing authorities to require system development fees only in accordance with Article 8. Makes conforming changes to GS 162A-9, concerning water and sewer rates and charges set by authorities.

Adds to the powers of metropolitan water districts set out in GS 162A-36(a), authorizing districts to impose and require system development fees only in accordance with Article 8. Amends GS 162A-49 (Rates and charges for services), permitting the district board to require system development fees only in accordance with Article 8. Makes organizational changes. 

Adds to the powers of metropolitan sewerage districts set out in GS 162A-69, authorizing districts to impose and require system development fees only in accordance with Article 8. Amends GS 162A-72, permitting the district board to require system development fees only in accordance with Article 8. Makes organizational changes. 

Amends GS 162A-85.13, authorizing metropolitan water and sewerage districts to require system development fees only in accordance with Article 8. Amends GS 162A-88, permitting the district board to require system development fees only in accordance with Article 8. Makes organizational changes. 

Provides that the above provisions are effective October 1, 2017, and apply to system development fees imposed on or after that date.

Section 10

Adds to GS 1-52(15). Sets the statute of limitation at three years for the recovery of an unlawful fee, charge, or exaction collected by a county, municipality, or other unit of local government for water or sewer service, or water and sewer service. Provides that this change is to clarify and not alter GS 1-52. Retroactively effective, and applies to claims accrued or pending prior to and after the date Section 10 becomes law. 

Section 11

Provides that the act does not provide retroactive authority for any system development fee, or any similar fee for water or sewer services to be furnished, collected by a local government prior to October 1, 2017. Applies to claims accrued or pending prior to or after the date the act becomes law.

Intro. by Stevens.GS 1, GS 130A, GS 153A, GS 160A, GS 162A
H 464 (2017-2018) REVISE SCHEDULE OF CONTROLLED SUBSTANCES. Filed Mar 23 2017, AN ACT REVISING THE SCHEDULE OF CONTROLLED SUBSTANCES TO ADD SYNTHETIC FENTANYLS, DESIGNER HALLUCINOGENICS, SYNTHETIC CANNABINOIDS, SYSTEM DEPRESSANTS, AND OTHER SUBSTANCES AND MAKING CONFORMING CHANGES; AND CREATING THE TASK FORCE ON SENTENCING REFORMS FOR OPIOID DRUG CONVICTIONS.

Senate committee substitute makes the following changes to the 3rd edition.

Makes an organizational change.

Amends GS 90-89 (Schedule I controlled substances). Adds two more examples of synthetic cannabinoids, and six opioids, all considered to be Schedule I controlled substances.

Amends GS 14-17 (Murder in the first and second degree defined; punishment). Amends the circumstances when a person who commits second degree murder shall be punished as a Class B2 felon, to include murder proximately caused by the unlawful distribution and ingestion of controlled substances including opiums, opiates, opioids (was, opium), synthetic or natural salt, compounds, derivatives, or preparations thereof, or depressants described in GS 90-92(a)(1), or other currently listed substances.

Makes conforming changes to the long title.

Intro. by Horn, Murphy, Malone.GS 14, GS 90
H 469 (2017-2018) REGULATION OF FULLY AUTONOMOUS VEHICLES. Filed Mar 23 2017, AN ACT TO REGULATE THE OPERATION OF FULLY AUTONOMOUS MOTOR VEHICLES ON THE PUBLIC HIGHWAYS OF THIS STATE.

Senate committee substitute makes the following changes to the 3rd edition.

Enacts new GS 20-403, establishing the 18-member Fully Autonomous Vehicle Committee (Committee) within the Department of Transportation (DOT) to consider matters related to fully autonomous vehicle technology, review relevant motor vehicle laws, make recommendations on the testing of fully autonomous vehicles, identify and make recommendations on traffic rules and ordinances, and make recommendations to the General Assembly on changes to State law. Sets out membership requirements, require the Committee to meet at least four times a year, and requires the DOT to provide staff and meeting space from reasonably available resources.

Intro. by Shepard, Torbett.GS 20
H 559 (2017-2018) OUTDOOR HERITAGE ENHANCED. Filed Apr 4 2017, AN ACT TO EXPAND THE USE OF FIREARMS FOR HUNTING OF WILD ANIMALS AND UPLAND GAME BIRDS ON SUNDAY AND TO ALLOW HUNTING OF MIGRATORY BIRDS ON SUNDAY.

Senate committee substitute makes the following changes to the 4th edition.

Further modifies the proposed changes to GS 103-2 (Method of take when hunting on Sunday). Deletes the proposed elimination of subdivision (a)(1), maintaining the existing limitation prohibiting hunting on Sunday between 9:30 AM and 12:30 PM, except in controlled hunting preserves licensed pursuant to GS 113-273(g), that applies to any landowner or member of the landowner's family, or any person with written permission from the landowner hunting on Sunday on the landowner's property. Adds to the limitations concerning hunting wild animals and upland game birds with firearms on Sunday on public lands of the State managed for hunting that are set out in proposed subsection (a1), to prohibit hunting on Sunday between 9:30 AM and 12:30 PM. Further, adds to the limitations concerning hunting of migratory birds on Sunday when authorized by proclamation or rules of the Wildlife Resource Commission set out in proposed subsection (a2), to prohibit hunting on Sunday between 9:30 AM and 12:30 PM, except on controlled hunting preserves licensed pursuant to GS 113-273(g). Makes organizational changes to proposed subsection (a2).

Deletes the proposed changes to Section 5(c) of SL 2015-144, which delayed the effective date of Section 5(b) of SL 2015-144 (which amends GS 153A-129, authorizing counties to prohibit hunting on Sunday as allowed in GS 103-2).

Makes conforming organizational changes.

Intro. by Millis, J. Bell.STUDY, GS 103
H 924 (2017-2018) HONOR MEGGAN LEE CALLAHAN. Filed Jun 20 2017, A HOUSE RESOLUTION HONORING THE LIFE AND MEMORY OF MEGGAN LEE CALLAHAN.

As title indicates.

Intro. by Rules, Calendar, and Operations of the House.HOUSE RES

The Daily Bulletin: 2017-06-20

PUBLIC/SENATE BILLS
S 3 (2017-2018) DOT/DMV CHANGES. Filed Jan 25 2017, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO STATE LAW RELATED TO THE DEPARTMENT OF TRANSPORTATION AND THE DIVISION OF MOTOR VEHICLES, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.

House committee substitute makes the following changes to the 4th edition.

Deletes proposed GS 136-19.6, regarding the disposal of residue real property by the Department of Transportation (DOT). Deletes proposed Pilot Program to Reduce Inventory of DOT Residue Property, and accompanying report by DOT regarding the pilot program.

Amends GS 136-19.Adds a new subsection, whichincludes provisions concerning the acquisition of land and deposits of materials, condemnation proceedings, and federal parkways, to provide for the disposal of remainder property acquired in connection with acquisition of right-of-way by the Department of Transportation (DOT). Provides 11 parameters that govern the disposal of remainder properties acquired in connection with acquisition of right-of-way, including that the sale of all residues will be by public sale, except as otherwise specified in the new subsection. Sets out provisions dictating the form of sale, advertising requirements, and situations warranting sale by negotiation rather than by public sale. States that all sales of surplus lands require the approval of the Board of Transportation. Grants authority to the DOT to adopt, amend, or repeal rules to implement the new subsection.

Deletes amendment to GS 136-28.4(e), which extended the sunset date for DOT minority- and women-owned businesses program.

Amends GS 20-49.1 Authorizes the Commissioner and officers and inspectors of the Division of Motor Vehicles designated by the Commissioner to enforce criminal laws when they are responding to an emergency situation that is occurring in their immediate vicinity and would likely result in bodily harm or loss of property without immediate intervention.

Amends GS 20-28.3. Authorizes the State Surplus Property Agency or county board of education to sell any motor vehicle after expiration of 90 days from the date of seizure, or with the consent of all the motor vehicle owners (currently requires, in addition to the passage of 90 days, the vehicle to have a fair market value of less than $1500). Deletes the alternative requirement that the costs of towing and storage exceed 85% of the fair market value of the vehicle.

Amends GS 20-28.2. Amends the definition offair market value to add a provision for determining the value of wrecked vehicles.

Intro. by Rabon, Harrington.GS 20, GS 136, GS 143
S 99 (2017-2018) APPROPRIATIONS ACT OF 2018. (NEW) Filed Feb 15 2017, AN ACT TO MODIFY THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2017 AND TO MAKE OTHER CHANGES IN THE BUDGET OPERATIONS OF THE STATE.

House committee substitute makes the following changes to the 3rd edition.

Changes the long title.

Amends GS 58-2-164(c2), adding to the methods that may be used to prove North Carolina residency or eligible risk status under the rate evasion fraud statute pertaining to nonfleet private passenger motor vehicle insurance. Adds to the methods listed, of which two must be used to substantiate proof of residency or eligible risk status: (1) the declaration page of the applicant's North Carolina commercial automobile policy dated no later than one year prior thereto and (2) the driver's license of a corporate officer or member of the LLC of the applicant. 

Makes conforming organizational changes.

Intro. by Lee, Meredith, Ford.GS 58
S 100 (2017-2018) AERIAL ADVENTURE FINANCIAL RESPONSIBILITY. Filed Feb 15 2017, AN ACT TO REQUIRE AERIAL ADVENTURE PARKS TO MAINTAIN CERTAIN MINIMUM INSURANCE COVERAGES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON REGULATORY AND RATE ISSUES IN INSURANCE.

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

Amends proposed GS 66-450 (Definitions). Replaces the termelements with the termdevices, and makes conforming changes to other definitions.

Amends proposed GS 66-451 (Liability insurance). Amends the insurance requirement to include those who own or operate a device (was, activity) similar to a challenge course or zipline. Requires the insurance to be against liability for injury to persons or property arising out of the operation of such facility or use of such device. Directs the Commissioner to further prevent or stop operation of devices similar to zip lines or challenge courses upon failure to provide proof of insurance.

Intro. by Lee, Meredith, Ford.GS 66
S 148 (2017-2018) JUROR EXCUSED BY CLERK/MODIFY VARIOUS APPTS (NEW). Filed Feb 28 2017, AN ACT TO PROVIDE THAT THE CHIEF DISTRICT COURT JUDGE MAY DELEGATE AUTHORITY TO THE CLERK OF COURT IN MATTERS RELATING TO JURY SERVICE EXCUSALS; TO MODIFY TERMS OF APPOINTMENT FOR VARIOUS BOARDS; TO REVISE AN EFFECTIVE DATE IN S.L. 2017-8; AND TO PROVIDE FOR THE APPOINTMENT OF A PART-TIME SPECIAL ADMINISTRATIVE LAW JUDGE.

House committee substitute makes the following changes to the 3rd edition.

Amends the short and long titles.

Amends GS 143-548 (Vocational Rehabilitation Council). Allows a representative of a parent training and information center serving on the Council to serve more than two consecutive full terms.

Amends GS 140-5.13, regarding the Board of Trustees of the North Carolina Museum of Art. Makes the terms of all appointments to the Board by the General Assembly for four years, with no person being appointed to more than three consecutive terms (was, no more than two consecutive terms of two years).

Amends SL 2017-8, Section 3.2(b), to make Section 3.2, which shortened the time period for an interested employer to file a protest to an unemployment insurance claim from 14 to 10 days, effective July 1, 2018 (was, October 1, 2017).

Amends GS 7A-757. Amends the caption to read Temporary administrative law judges; part-time special administrative law judge; appointments; powers and standards; fees. Directs the Chief Administrative Law Judge to appoint a qualified individual to serve as a part-time special administrative law judge (ALJ) for a term of four years, who shall take the same oath as any other ALJ, and be subject to the same rules and restrictions when sitting. A temporary ALJ would not be considered a state employee, or be compensated or reimbursed, except when sitting as a temporary ALJ. At the end of the term, the Chief ALJ may reappoint the appointee, or appoint another individual to a new four-year term. If there is a vacancy, the Chief ALJ may appoint another individual for the remainder of the term. Authorizes removal by the Chief ALJ for just cause. Directs the Chief ALJ to make the appointment within 30 days of the act becoming law.

Deletes proposed GS 7A-45.6, which concerned international education and training for judicial officials as well as appointment of an emergency special superior court judge.

Intro. by Britt, Randleman.GS 7A, GS 9, GS 140, GS 143
S 160 (2017-2018) HANDICAP PARKING PRIVILEGE CERTIFICATION. Filed Mar 1 2017, AN ACT TO CLARIFY THAT MEDICAL CERTIFICATION AND RECERTIFICATION REQUIREMENTS FOR HANDICAPPED PARKING PRIVILEGES MAY BE SATISFIED BY CERTIFICATION OF A LICENSED PHYSICIAN ASSISTANT, A LICENSED NURSE PRACTITIONER, OR A LICENSED CERTIFIED NURSE MIDWIFE THAT THE PERSON IS HANDICAPPED.

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

Further amends GS 20-37.6 by adding that for the initial application for a temporary removable windshield placard only, a licensed certified nurse midwife may make the certification that the applicant is handicapped. Makes conforming changes, including changes to the act's long title.

Intro. by Brock, Meredith, Hise.GS 20
S 182 (2017-2018) PROHIBIT USE OF LIGHT BARS ON MOTOR VEHICLES. Filed Mar 6 2017, AN ACT TO PROHIBIT THE USE OF LIGHT BAR LIGHTING DEVICES ON A MOTOR VEHICLE WHILE THE MOTOR VEHICLE IS BEING DRIVEN ON THE HIGHWAYS OF THIS STATE.

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

Amends the prohibition in GS 20-130 on the use of light bar lighting devices while driving on highways to further exclude vehicles listed in GS 20-130.1(b) (which are mostly emergency and government-operated vehicles).

Intro. by McInnis.GS 20
S 257 (2017-2018) APPROPRIATIONS ACT OF 2017. Filed Mar 14 2017, AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES.

The conference report makes various changes to the 7th edition. We will not be including a summary of the conference report to the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link located above. Further information on the budget, including the committee report, can be found on the "News" section of the General Assembly's website at: https://www.ncleg.gov/News

S 410 (2017-2018) MARINE AQUACULTURE DEVELOPMENT ACT. Filed Mar 28 2017, AN ACT TO ESTABLISH A PROGRAM FOR THE LEASING OF PUBLIC BOTTOM AND SUPERJACENT WATER COLUMN FOR MARINE AQUACULTURE, TO REQUIRE THE DIVISION OF MARINE FISHERIES OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO REQUEST THE ISSUANCE OF FEDERAL RULES TO ALLOW MARINE AQUACULTURE IN FEDERAL WATERS OFF THE COAST OF THE STATE, AND TO ESTABLISH ADDITIONAL TRANSPARENCY REQUIREMENTS FOR MEMBERS OF THE MARINE FISHERIES COMMISSION.

House committee substitute makes the following changes to the 4th edition.

Adds a new section to the act to authorize the Division of Coastal Management of the Department of Environmental Quality and the State Property Office to negotiate an agreement with appropriate federal agencies for the State to assume responsibility for acquiring dredged material easement sites for maintenance dredging of the Atlantic Intracoastal Waterway between the Beaufort Inlet and Virginia border in exchange for a reduction in size and possible change in location of the current dredged material disposal easement sites. Sets out additional requirements for the agreement.

Amends GS 143-215.73F(b) to allow funds in the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to also be used to provide funding for siting and acquisition of dredge disposal easement sites associated with the maintenance of the Atlantic Intracoastal Waterway north of Beaufort Inlet and south of the Virginia border under a Memorandum of Agreement between the State and federal government.

Intro. by Cook, Sanderson, Tillman.GS 113, GS 143, GS 143B
S 413 (2017-2018) CLARIFY MOTOR VEHICLE DEALER LAWS. Filed Mar 28 2017, AN ACT TO CLARIFY MOTOR VEHICLE DEALERS AND MANUFACTURERS LICENSING LAWS.

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

Amends GS 20-305. Amends the prohibition against motor vehicle manufacturers, factory branches, distributors, or distributor branches, or any field representatives, officers, agents, or any representatives whatsoever of any of them, varying the price charged to any of its franchised new motor vehicle dealers in the State for new motor vehicles based on listed actions by the dealer, allowing the manufacturers whose programs violate that prohibition, but were grandfathered in under the two listed exceptions, to continue their programs in effect until June 30, 2022 (was, June 30, 2018).

Amends GS 20-305.1. Amends requirement that motor vehicle manufacturers, factory branches, distributors, or distributor branches perform their warranty obligations with respect to motor vehicles, except for parts used to repair the living facilities of recreational vehicles, to include motor homes, travel trailers, fifth-wheel trailers, camping trailers, and truck campers within that exception.

Amends GS 20-305.5. Amends the caption to read Recreational vehicle manufacturer warranty recall obligations. Deletes all current text of the statute, and replaces it with the following:

Subsection (a) requires manufacturers, factory branches, distributors, and distributor branches that manufacture or distribute recreational vehicles (RVs, as defined) to fully compensate their dealers in this State under this statute for warranty or recall work performed by the dealers related to the living facilities of the RV, including labor and parts as specified. Requires RV manufacturers, factory branches, distributors, or distributor branches to fully and timely compensate any of its franchised RV dealers in the State under this statute for all parts and labor used by the dealers in making warranty or recall repairs to such living facilities of RVs, including equipment, plumbing, appliances, and other options as specified, to the extent that individual components are not separately warranted by their manufacturers or distributors. Requireswarrantors (as defined) to fully and timely compensate any franchised RV dealer in the State under this statute for all parts and labor used in making warranty or recall repairs to any component parts of the living facilities of RVs manufactured or distributed by such warrantor, including equipment, plumbing, appliances, and other options included in the purchase price paid by the dealer for the RV.

Subsection (b) requires warrantors, RV manufacturers, factory branch distributors, and distributor branches that sell or distribute RVs in the State to specify in writing to each RV dealer licensed in the State who sells products manufactured or distributed by the warrantor, RV manufacturer, factory branch distributor, or distributor branch, the RV dealer's obligations for preparation, delivery, and warranty and recall service on its products, the schedule of compensation to be paid such dealers for parts and work and service, and the time allowances for the performance of such work and service, including reasonable compensation for diagnostic work and associated administrative requirements, as well as repair service, labor, and transportation provided by the dealer to transport an RV to and from a location at which repairs can be made, subject to requirements regarding written authorization by the warrantor. Requires time allowances for the performance of warranty work and service to be reasonable and adequate for work to be performed. Requires compensation under this statute to be reasonable, and never less than the RV dealer's current retail labor rate for nonwarranty work of a like kind, so long as such amount is competitive with the retail rates charged for parts and labor by other franchised RV dealers within that dealer's market.

Subsection (c) prohibits warrantors from requiring dealers to establish the rate customarily charged by the RV dealer for labor by an unduly burdensome or time-consuming method or by requiring information that is unduly burdensome or time consuming to provide.

Subsection (d) requires a warrantor to reimburse a dealer the cost of a part, equipment, plumbing system or device, or appliance or option, plus a minimum 30% handling charge, and pay any cost of freight to return the part, equipment, appliance or option to the warrantor.

Subsection (e) requires a warrantor that furnishes a part or component to a dealer to use in performing repairs under a warranty or recall repair to compensate the dealer for the part or component in the same manner as warranty parts compensation in this statute, by compensating the dealer on the basis of a 30% handling charge as listed in the warrantor's price schedule less the cost for the part or component.

Subsection (f) requires all claims made by RV dealers under this statute for compensation for delivery, preparation, warranty and recall work, and transportation costs to be paid by the affected warrantor within 30 days after receipt of claim from the dealer. Provides notice requirements for the warrantor when disapproving a dealer's claim, with claims not specifically disapproved within 30 days of receipt being considered approved with payment due immediately. Prohibits charging an approved, paid claim back to the dealer unless the claim can be shown to be false or fraudulent, that the repairs were not properly made or were unnecessary, or the dealer failed to reasonably substantiate the claim. Prohibits warrantors from denying claims or reducing reimbursement amounts so long as the dealer has provided reasonably sufficient documentation that the dealer has made a good faith attempt to perform the work in compliance with written policies and procedures of the warrantor and has actually performed the work. Requires a warrantor to fully compensate a dealer for warranty or recall work or make any chargeback to the dealer's account, regardless of the dealer's failure to comply with the warrantor's claim documentation procedure, unless the dealer has failed to comply with the same specific procedure or procedures in the past 12 months, and the warrantor has mailed a written warning to the dealer, as specified, identifying the specific claim documentation procedure or procedures violated by the dealer.

Subsection (g) requires RV manufacturers, factory branches, distributors, or distributor branches to designate at least one of their employees knowledgeable in warranty administration who shall be the designated warranty contact person with whom their franchised dealers licensed in the State can communicate to assist them in filing and getting paid on warranty claims related to all component parts of all RVs the manufacturer, factory branch, distributor, or distributor branch sells or distributes in the State. Requires written notice to all relevant franchised RV dealers, the Commissioner of Insurance, and the NC Automobile Dealers Association, Inc., of the identity and contact information of the designated warranty contact person, and any changes in this information.

Subsection (h) prohibits warrantors or RV manufacturers, factory branches, distributors, or distributor branches from recovering or attempting to recover their costs for compensating RV dealers for warranty or recall parts and service, either by reduction in the amount due to the dealer, or by separate charge, surcharge, or other imposition.

Subsection (i) prohibits RV manufacturers, factory branches, distributors, or distributor branches to fail to indemnify and hold harmless its franchised dealers licensed in the State against any judgments or settlements agreed to by the manufacturer, to the extent that the judgment or settlement relates to the alleged defective or negligent manufacture, assembly, or design of new RVs, parts, or accessories, or any other functions beyond the control of the dealer. Prohibits warrantors from failing to indemnify and hold harmless any RV dealer in the State who sold one or more products warranted by the warrantor against any judgments or settlements agreed to by the warrantor, to the extent that the judgment or settlement relates to the alleged defective or negligent manufacture, assembly, or design of a product warranted by the warrantor or other functions beyond the control of the dealer. Any audit for the warranty or recall parts or service compensation shall only be for the 12-month period immediately following the date of the payment of the claim by the manufacturer, factory branch, distributor, distributor branch, or warrantor. Any audit for sales incentives, service incentives, rebates, or other forms of incentive compensation shall only be for the 12-month period immediately following the date of payment of the claim by the manufacturer, factory branch, distributor, distributor branch, or warrantor. These limitations are not effective for cases of fraudulent claims.

Subsection (j) prohibits warrantors or RV manufacturers, factory branches, distributors, or distributor branches from directing or encouraging owners or purchasers of RVs to have warranty or recall service work or other RV repairs made by any repair facility other than either the franchised dealer that sold the RV or the franchised dealer closest in proximity to such RV owner or purchaser, subject to the condition that such dealer has sufficiently trained personnel and necessary tools and equipment to make the required repairs, has not expressly stated in writing its desire to have repairs made elsewhere, and is willing to make the repairs within a reasonable period of time after necessary parts have been supplied.

Subsection (k) provides for hearings before the Commissioner on disputes under this statute, at the request of either party to a dispute, with the decision of the Commissioner being binding on the parties, subject to judicial review. Does not give the Commissioner any authority as to the content of any warrantor's warranty. Stays chargebacks and payments during the pendency of the Commissioner's determination.

Subsection (l) exempts manufacturers and dealers in mobile or manufactured type housing or who sell only non-motorized recreational trailers from GS 20-305(4) through (28) and GS 20-305.2 through GS 20-305.4. Unless specifically exempted, each of those provisions applies to all RV manufacturers, factory branches, distributors, or distributor branches who sell or distribute any motorized RVs in the state. GS 20-305.1 does not apply to manufacturers or dealers of mobile or manufactured type housing.

Subsection (m) applies GS 20-305.1 to RV dealers and to RV manufacturers, factory branches, distributors, or distributor branches, to the extent not expressly inconsistent with this statute. Provides that the relationship between an RV manufacturer or distributor, and an RV dealer located in the state, under which the RV dealer purchases and resells new RVs from the RV manufacturer or distributor, is considered afranchise, as defined, under this statute and within GS Chapter 20, Article 12, whether or not the rights and responsibilities of the parties have been delineated in a written agreement or contract.

Amends proposed GS 20-101.3. Adds that fees covered by that statute are not considered warranty expenses and are not subject to the compensation requirements of GS 20-305.1. Makes proposed GS 20-101.3 effective January 1, 2018, and applicable to fees charged on or after that date.

Provides a severability clause.

Except as provided otherwise, the act is effective when it becomes law.

Intro. by B. Jackson.GS 20
S 415 (2017-2018) CLARIFY DEF'N. OF COLLECTION AGENCY. Filed Mar 28 2017, AN ACT TO CLARIFY THE DEFINITION OF COLLECTION AGENCY TO EXCLUDE PERSONS ENGAGED IN ROUTINE BILLING SERVICES.

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

Deletes the proposed changes to the definition of collection agency in GS 58-70-15(a).

Amends GS 58-70-15(c) by clarifying that the term "collection agency" specifically does not include corporations or associations engaged in accounting, bookkeeping, or data processing services where a primary component of such services is the rendering of statements of accounts and bookkeeping services for creditors. Makes additional clarifying and technical changes.

Intro. by Bishop, Newton, Woodard.GS 58
S 445 (2017-2018) EXPUNGEMENT PROCESS MODIFICATIONS. Filed Mar 28 2017, AN ACT TO STANDARDIZE THE FILING PROCEDURES FOR EXPUNGEMENTS, TO AUTHORIZE PROSECUTORS ACCESS TO CERTAIN RECORDS OF EXPUNGEMENT, TO ALLOW CERTAIN EXPUNGED CRIMINAL ACTS TO BE CONSIDERED IN CALCULATING PRIOR RECORD LEVELS DURING SENTENCING FOR SUBSEQUENT OFFENSES, AND TO MAKE OTHER MODIFICATIONS TO THE EXPUNGEMENT PROCESS.

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

Amends GS 15A-150 (Notification requirements). Directs a clerk of superior court to send a certified copy of an order granting an expunction to the Department of Public Safety, Combined Records Section (was, Division of Adult Correction and Juvenile Justice). Makes a technical change.

Amends proposed GS 15A-151.5 (Prosecutor access to expunged files). Requires the Administrative Office of the Courts to make confidential files maintained under GS 15A-151 electronically available to prosecutors if the criminal record was expunged on or after July 1, 2018 (was, December 1, 2017). Amends the list of expunged records made available to prosecutors under this statute to include expunctions under GS 15A-146(a) and (a1) when charges are dismissed (was, when charges are dismissed or there are findings of not guilty). Makes conforming changes.

Intro. by Tucker, Bryant, McKissick.GS 15A

The Daily Bulletin: 2017-06-20

LOCAL/HOUSE BILLS
H 55 (2017-2018) APEX/CARY/POLICE ASSISTANCE ON SCHOOL GROUNDS. Filed Feb 7 2017, AN ACT AUTHORIZING THE POLICE DEPARTMENT OF THE TOWN OF APEX TO PROVIDE LAW ENFORCEMENT ASSISTANCE TO THE POLICE DEPARTMENT OF THE TOWN OF CARY ON THE GROUNDS OF THE TEMPORARY APEX HIGH SCHOOL IN CARY.

AN ACT AUTHORIZING THE POLICE DEPARTMENT OF THE TOWN OF APEX TO PROVIDE LAW ENFORCEMENT ASSISTANCE TO THE POLICE DEPARTMENT OF THE TOWN OF CARY ON THE GROUNDS OF THE TEMPORARY APEX HIGH SCHOOL IN CARY. Enacted June 19, 2017. Effective June 19, 2017.

Intro. by Adcock, Williams, Dollar, Duane Hall.Wake
H 393 (2017-2018) MEBANE CHARTER/ALAMANCE-BURL BOE EXCHANGE (NEW). Filed Mar 16 2017, AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF MEBANE AND TO REPEAL PRIOR CHARTER ACTS AND TO AUTHORIZE THE ALAMANCE-BURLINGTON BOARD OF EDUCATION TO DISPOSE OF CERTAIN REAL PROPERTY BY PRIVATE SALE OR EXCHANGE.

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

Adds a provision allowing the Alamance-Burlington Board of Education (Board) to convey, sell, or transfer its rights, title, and interest in the described property, including Elon Elementary. The agreement to convey the property must be entered into pursuant to a resolution authorizing the execution and performance of the agreement adopted by the Board at a regular Board meeting with 10 days' public notice. Allows the agreement to be entered into through private negotiation and sale, and provides for an exchange for other property, or payment of monetary consideration, or both. Allows the agreement to provide that the Board will exchange the described property for a new school to be constructed by the other party on property acceptable to the Board.

Makes conforming changes to the act's short and long titles.

Intro. by Ross, Riddell.Alamance, Orange
H 445 (2017-2018) BRUNSWICK FIRE PROTECTION FEES. Filed Mar 22 2017, AN ACT TO MODIFY BRUNSWICK COUNTY'S FIRE PROTECTION FEES.

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

Amends Section 1(c) of SL 1999-323 by reinstating language that allows fire protection fees to be imposed on owners of all real property or manufactured homes that benefit from the availability of fire protection (was, owners of all real property or manufactured homes in previous edition). Adds to schedule of fees for fire protection service in Brunswick County that for properties located beyond six road miles from the closest fire station of their district that have a fire insurance rating of 10, the fee is 75% of the amount otherwise applicable under the existing fee schedules. 

Intro. by Iler, Butler.Brunswick

The Daily Bulletin: 2017-06-20

ACTIONS ON BILLS

Actions on Bills: 2017-06-20

PUBLIC BILLS

H 89: HOUSING AUTHORITY TRANSFERS.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

H 90: CHANGES TO EDUCATION AND ELECTION LAWS (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

H 128: PROHIBIT DRONE USE OVER PRISON/JAIL.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 216: INFORMANT STATEMENTS/INNOCENCE COMM'N CHANGES (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 229: GSC TECHNICAL CORRECTIONS 2017.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 236: NCAOC OMNIBUS BILL.

    Senate: Reptd Fav

H 243: STRENGTHEN OPIOID MISUSE PREVENTION (STOP)ACT.

    Senate: Reptd Fav

H 258: AMEND MED. MAL. HEALTH CARE PROVIDER DEFIN.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 310: WIRELESS COMMUNICATIONS INFRASTRUCTURE SITING.

    Senate: Reptd Fav
    Senate: Re-ref Com On Commerce and Insurance

H 353: AUTHORIZE STATE PARK SYSTEM EXPANSION.-AB

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

H 388: MODERNIZE MUTUAL ASSISTANCE STATUTES.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 406: REPEAL ORANGE COUNTY IMPACT FEES.

    Ratified
    Ch. SL 2017-36

H 436: LOCAL GOVERNMENT/REGULATORY FEES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 464: REVISE SCHEDULE OF CONTROLLED SUBSTANCES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 469: REGULATION OF FULLY AUTONOMOUS VEHICLES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 511: GAME NIGHTS/NONPROFIT FUND-RAISER.

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

H 559: OUTDOOR HERITAGE ENHANCED.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 576: ALLOW AEROSOLIZATION OF LEACHATE.

    Pres. To Gov. 6/20/2017

H 666: REVISE VOLUNTEER FIRE DEPARTMENT REQ'TS.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 719: IMPROVE SECURITY/UPPER LEVEL/PKING LOT 65.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 772: AMEND NC INT'L ARBITRATION/CONCILIATION ACT.

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

H 827: USE OF PASSING LANE/INCREASED PENALTY.

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 863: REQUIRE DRIVER RETRAINING COURSE.

    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 870: CONFIRM PHIL BADDOUR/INDUSTRIAL COMMISSION.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Select Committee on Nominations

H 904: NORTH CAROLINA RURAL JOB CREATION FUND.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 924: HONOR MEGGAN LEE CALLAHAN.

    House: Reptd Fav. For Introduction
    House: Filed

S 3: DOT/DMV CHANGES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/21/2017

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

    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/21/2017
    Senate: Withdrawn From Cal
    Senate: Placed on Today's Calendar
    Senate: Failed Concur In H Com Sub
    Senate: Conf Com Appointed
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/21/2017
    Senate: Withdrawn From Cal
    Senate: Placed on Today's Calendar
    Senate: Failed Concur In H Com Sub
    Senate: Conf Com Appointed

S 63: MILITARY AFFAIRS COMMISSION/STRATEGIC PLAN.

    Pres. To Gov. 6/20/2017

S 64: VETERANS' HISTORY AWARENESS MONTH.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/21/2017

S 99: APPROPRIATIONS ACT OF 2018. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/21/2017
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/21/2017

S 100: AERIAL ADVENTURE FINANCIAL RESPONSIBILITY.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Regulatory Reform

S 117: FORFEIT. RETMT/ANTI-SPIKING/SERV. PURCH/TC. (NEW).

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

S 125: VARIOUS CHANGES TO EDUCATION (NEW).

    House: Serial Referral To Rules, Calendar, and Operations of the House Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added

S 138: ACCOUNTABILITY FOR TAXPAYER INVESTMENT BOARD.

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

S 148: JUROR EXCUSED BY CLERK/MODIFY VARIOUS APPTS (NEW).

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/21/2017

S 160: HANDICAP PARKING PRIVILEGE CERTIFICATION.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/21/2017

S 182: PROHIBIT USE OF LIGHT BARS ON MOTOR VEHICLES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/21/2017

S 196: VETERINARY PRACTICE OMNIBUS.

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

S 244: COASTAL CRESCENT TRAIL/STATE PARKS SYSTEM.

    Pres. To Gov. 6/20/2017

S 257: APPROPRIATIONS ACT OF 2017.

    Senate: Conf Report Adopted 2nd
    House: Withdrawn From Cal
    House: Placed On Cal For 06/21/2017

S 299: EXPAND USE OF CAM SYSTEMS & CREATE CAM FUND. (NEW)

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 308: ADDITIONAL SPEAKER APPOINTMENTS (NEW).

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 312: SURPLUS COMPUTERS FOR LOW-INCOME STUDENTS.

    Pres. To Gov. 6/20/2017

S 315: MAKE VARIOUS CHANGES REGARDING HIGHER ED (NEW).

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/21/2017

S 323: UNC PUBLIC RECORDS/ATHLETIC CONFERENCES.

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

S 326: CLARIFY HUT & IMPROVE VEHICLE TITLING PROCESS.

    Senate: Conf Report Adopted 3rd
    Senate: Ordered Enrolled

S 350: LME/MCO CLAIMS REPORTING/MENTAL HEALTH AMDTS (NEW).

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

S 391: FERRY TRANSPORTATION AUTHORITY.

    House: Reptd Fav
    House: Re-ref Com On Finance

S 410: MARINE AQUACULTURE DEVELOPMENT ACT.

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

S 413: CLARIFY MOTOR VEHICLE DEALER LAWS.

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

S 415: CLARIFY DEF'N. OF COLLECTION AGENCY.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/21/2017

S 445: EXPUNGEMENT PROCESS MODIFICATIONS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 510: SURPLUS EQUIPMENT AUCTIONS.

    House: Serial Referral To Rules, Calendar, and Operations of the House Added
    House: Reptd Fav
    House: Re-ref Com On State and Local Government II

S 578: VETERAN-OWNED SMALL BUSINESS/ANNUAL REPORT.

    House: Serial Referral To Commerce and Job Development Stricken
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/21/2017

S 600: BRITNY'S LAW: IPV HOMICIDE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 622: BUSINESS CORPORATION ACT REVISIONS.

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

Actions on Bills: 2017-06-20

LOCAL BILLS

H 151: STANLY CTY/ECONOMIC DEVELOPMENT COMMISSION.

    Ratified
    Ch. SL 2017-35

H 154: GASTONIA CHARTER REVISIONS.

    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 184: CERTAIN TOWNS/SEWER FEE COLLECTIONS.

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

H 245: AMEND W-S CHARTER/CERTAIN CANDIDATES.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 262: KANNAPOLIS DEANNEXATION.

    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
    Senate: Ref To Com On Rules and Operations of the Senate

H 268: CITY OF BELMONT CHARTER REVISIONS.

    Senate: Passed 3rd Reading

H 288: TOWN OF RAYNHAM/EXTEND MAYOR'S TERM OF OFFICE.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 331: CORRECT BOARD MEMBER TERMS/TOWN OF OAKBORO.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 349: CURRITUCK-DEVELOPER FUNDS FOR ROAD CONSTR.

    Senate: Reptd Fav

H 378: BERTIE/GATES COUNTY/AMBULANCE SERVICE.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 385: IMPAIRED HUNTING/ORANGE COUNTY.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 393: MEBANE CHARTER/ALAMANCE-BURL BOE EXCHANGE (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

H 397: CAR. SHORES DEANNEX/NEW HANOVER DWNTWN DEVPT (NEW).

    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
    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 426: SANFORD-LEE COUNTY AIRPORT AUTHORITY CHANGES.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 444: ROWAN COUNTY OCCUPANCY TAX CHANGES (NEW).

    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 445: BRUNSWICK FIRE PROTECTION FEES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

H 491: HENDERSON COUNTY FIRE TAX DISTRICTS.

    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 498: JONESVILLE/BOONVILLE/EAST BEND/EVEN-YR ELEC'N.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 509: DAVIDSON COUNTY ZONING PROCEDURE CHANGES.

    Senate: Reptd Fav
    Senate: Re-ref Com On Judiciary

H 520: UNION CO. BD. OF ED/PARTISAN ELECTION.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 289: VARIOUS DEANNEXATIONS. (NEW)

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

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