The Daily Bulletin: 2017-06-27

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The Daily Bulletin: 2017-06-27

PUBLIC/HOUSE BILLS
H 30 (2017-2018) VARIOUS SPECIAL REGISTRATION PLATES. (NEW) Filed Jan 31 2017, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO PRODUCE A COLORECTAL CANCER AWARENESS SPECIAL REGISTRATION PLATE, A BIG ROCK BLUE MARLIN TOURNAMENT SPECIAL REGISTRATION PLATE, AND A KICK CANCER FOR KIDS SPECIAL REGISTRATION PLATE.

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

Amends the long and short titles.

Amends GS 20-63(b1). Provides that the Division of Motor vehicles may not issue any of the listed special registration plates until it receives the required number of applications set forth in GS 20-79A(a) (was, 200 applications in addition to those required under GS 20-79.4 or GS 20-81.12). Adds the Big Rock Blue Marlin Tournament and Order of the Long Leaf Pine plates to those that do not have to be "First in Flight" or "First in Freedom" plates.

Amends GS 20-79.4(b), creating new Big Rock Blue Marlin Tournament and Kick Cancer for Kids license plates. Establishes a special plate fee of $30 for each plate. Requires that $20 of the special plate fee for the Big Rock Blue Marlin Tournament plate be transferred quarterly to the Big Rock Blue Marlin Tournament to be used to fund NC charities. Requires that $10 of the special plate fee for the Kick Cancer for Kids plate be transferred quarterly to the The Children's Oncology Group Foundation, to support the foundation, and that $10 go to Riley's Army, Inc., to support children with cancer and their families.

Makes the act effective when it becomes law (was, July 1, 2017).

Intro. by Brawley, Dulin, Torbett, Grange.GS 20
H 56 (2017-2018) AMEND ENVIRONMENTAL LAWS. Filed Feb 7 2017, AN ACT TO AMEND VARIOUS ENVIRONMENTAL LAWS.

Senate amendment makes the following changes to the 5th edition.

Amends GS 113B-4 to provide that the Lt. Governor may designate a designee to serve as chair for the Energy Policy Council in place of the Lt. Governor.

Intro. by McElraft, Yarborough.STUDY, GS 40A, GS 74, GS 113, GS 113A, GS 113B, GS 130A, GS 143, GS 143B
H 138 (2017-2018) REVISE GANG LAWS. Filed Feb 20 2017, AN ACT TO STANDARDIZE CRITERIA FOR CLASSIFICATION OF CRIMINAL GANG MEMBERSHIP, CREATE A SENTENCING ENHANCEMENT FOR CERTAIN CRIMES PERPETRATED BY GANG MEMBERS, AND INCREASE THE PENALTIES FOR CERTAIN GANG-RELATED OFFENSES.

Senate amendment #1 makes the following changes to the 3rd edition.

Modifies and adds to the proposed changes to GS 14-50.42. Makes organizational and clarifying changes to subsection (b). Provides that the provisions of the statute do not apply to real property used for criminal gang activity where the owner or person who has legal possession of the real property (previously, only provides for the owner) is being coerced into allowing the property to be used for criminal gang activity. Adds a new exemption, providing that the statute does not apply to real property used for criminal gang activity where the owner or person who has legal possession of the real property is making or has made a good faith attempt to terminate the criminal gang activity or remove criminal gang members from the property through legal means, including trespass or summary ejectment. Makes conforming changes to the new provisions set out in subsection (a), providing that the new provision establishing that proof of real property being used for criminal gang activity is prima facie evidence that the owner or person who has legal possession of the real property knowingly permitted the act, to except from the provision owners or persons who have legal possession of the real property who are making or have made a good faith attempt to terminate the criminal gang activity or remove criminal gang members from the property through legal means, including trespass or summary ejectment.

Intro. by McNeill, Faircloth, Hurley, R. Turner.GS 14, GS 15A
H 294 (2017-2018) UNCLAIMED PROPERTY NOTICE REQUIREMENTS.-AB Filed Mar 8 2017, AN ACT TO MAKE CHANGES TO THE NOTICE REQUIREMENTS AND PENALTY FOR THE DISPOSITION OF ABANDONED PROPERTY AND TO MAKE TECHNICAL AND CLARIFYING CHANGES TO THE UNCLAIMED PROPERTY STATUTES, AND TO MODIFY TERMS OF APPOINTMENT FOR VARIOUS BOARDS.

Senate amendment #1 adds the following provisions to the 3rd edition.

Amends GS 143-548, adding the representative of a parent training and information center to those that are permitted to serve more than two consecutive full terms on the Vocational Rehabilitation Council.

Amends GS 140-5.13, modifying the terms and limitations for members of the Board of Trustees of the North Carolina Museum of Art. Now provides that all appointment by the General Assembly are for terms of four years, with no person being appointed to more than three consecutive terms (currently, all regular appointments by the General Assembly are for the then current legislative term, with no appointee of the General Assembly being appointed to more than two consecutive terms of two years).

Makes conforming organizational changes. Changes the act's long title. 

Intro. by Hurley.GS 116B, GS 140, GS 143
H 374 (2017-2018) REGULATORY REFORM ACT OF 2018. (NEW) Filed Mar 15 2017, AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.

Senate amendment makes the following changes to the 3rd edition.

Amends proposed GS 150B-31.2 (Contested cases for certain decisions of the Department of Environmental Quality and the Environmental Management Commission). Amends subsection (a), regarding the application of that statute, by deleting proposed language and instead provide that the statute establishes additional requirements for contested cases filed at the Office of Administrative Hearings that involve the issuance, denial, or modification of a permit, certificate for interbasin transfer, or certification under Section 401 of the Clean Water Act, by the Department of Environmental Quality or the Environmental Management Commission, where the Department or Commission accepts public comment through a procedure set out by statute or rule. Replaces subsections (c) and (d), regarding standing and review, with provisions prohibiting a party from bringing a contested case or seeking judicial review regarding a decision under this statute unless the party is the applicant for the permit, certificate for interbasin transfer, or certification under the Clean Water Act by the Department or Commission, or the party submitted comments to the Department or Commission during the comment period and raises an issue that either was raised with the Department or Commission prior to the decision with sufficient particularity, or could not have been raised as a particular basis prior to the decision.

Directs the Department of Environmental Quality to convene a series of meetings with relevant stakeholders to review federal and other state models that utilize an administrative record review and develop procedures implementing proposed GS 150B-31.2, and to report its findings to the Joint Legislative Oversight Committees on Agriculture and Natural and Economic Resources, on Justice and Public Safety, and Administrative Procedure no later than March 31, 2018.

Makes proposed GS 150B-31.2 effective January 1, 2019, and applicable to any of the specified classes of contested cases for which the application was received by the Department or Commission on or after that date. The remainder of the act is effective when it becomes law.

Intro. by McElraft, Howard, Johnson, Hurley.STUDY, GS 44A, GS 95, GS 105, GS 130A, GS 143, GS 150B
H 383 (2017-2018) NAIC MODELS/ORSA & CREDIT FOR REINSURANCE.-AB (NEW) Filed Mar 15 2017, AN ACT TO MAKE CERTAIN CHANGES TO THE NORTH CAROLINA INSURANCE LAWS REGARDING OWN RISK AND SOLVENCY ASSESSMENTS AND CREDIT FOR REINSURANCE IN ACCORDANCE WITH MODEL ACTS OF THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, AS RECOMMENDED BY THE NORTH CAROLINA DEPARTMENT OF INSURANCE, AND TO IMPLEMENT REVISED MODEL REGULATIONS OF THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS GOVERNING RECOMMENDATIONS MADE TO CONSUMERS REGARDING THE PURCHASE OR EXCHANGE OF ANNUITIES.

House amendment makes the following changes to the 2nd edition.

Modifies proposed amendment to GS 58-7-21 (Credit allowed a domestic ceding insurer). Amends the proposed requirements for a group including incorporated and individual unincorporated underwriters to require a trust for reinsurance ceded under reinsurance agreements with an inception, amendment, or renewal date on or after August 1, 1995, to consist of the respective underwriters' several liabilities (was, several insurance and reinsurance liabilities) attributable to business ceded by US domiciled ceding insurers to any underwriter in the group.

Intro. by Setzer, Bumgardner, Henson, Destin Hall.GS 58
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.

House Amendment #3 adds the following to House Amendment #2, amending the 4th edition.

Current law, GS 90-95(a)(3), makes it unlawful to possess a controlled substance. Amends GS 90-95(d)(4), eliminating the provisions that provide: (1) that if the quantity of the controlled substance exceeds 7 grams of a synthetic cannabinoid or any mixture containing that substance, then the violation of GS 90-95(a)(1) is a Class 1 misdemeanor and (2) that if the quantity of the controlled substance exceeds 21 grams of a synthetic cannabinoid or any mixture containing that substance, then the violation of GS 90-95(a)(3) is a Class I felony (appears to be the changes intended by page 1, lines 28 to page 2, line 11 of Amendment #1). Incorporates other changes to GS 90-95 that appear in Amendment #1. Effective December 1, 2017, and applies to offenses committed on or after that date.

Intro. by Horn, Murphy, Malone.STUDY, GS 14, GS 90
H 486 (2017-2018) NATIONAL GUARD EDUCATION ASSISTANCE CHANGES. (NEW) Filed Mar 27 2017, AN ACT TO DIRECT THE UNIVERSITY OF NORTH CAROLINA SYSTEM AND THE STATE COMMUNITY COLLEGE SYSTEM TO ADOPT AND IMPLEMENT A UNIFORM POLICY TO REQUIRE THAT A STUDENT WHO IS A NATIONAL GUARD SERVICE MEMBER PLACED ON ACTIVE DUTY STATUS BE GIVEN AN EXCUSED ABSENCE FOR THE PERIOD OF TIME THE STUDENT IS ON ACTIVE DUTY AND TO PROVIDE ADDITIONAL OPTIONS TO THE STUDENT FOR COMPLETION OR WITHDRAWAL FROM CLASSES THAT WILL NOT PENALIZE THE STUDENT ACADEMICALLY; TO BROADEN THE NATIONAL GUARD TUITION ASSISTANCE PROGRAM TO COVER STUDENTS ENROLLED IN AN APPROVED PROFESSIONAL CERTIFICATION PROGRAM; TO ENSURE COMPLIANCE WITH FEDERAL LAW FOR IN‑STATE TUITION FOR VETERANS; AND TO PROHIBIT THE CLOSURE OF THE EASTERN CAROLINA STATE VETERANS CEMETERY IN GOLDSBORO.

Senate amendment #1 adds the following to the 2nd edition. Prohibits the Department of Military and Veterans Affairs (DMVA) from closing any of the State-owned veterans' cemeteries. Directs DMVA to continue to operate all the State-owned veterans' cemeteries and maintain the current level of operations at each of those cemeteries. Directs the Office of State Budget and Management to realign the base budget for DMVA for the 2017-19 fiscal biennium to increase receipts and include operational costs of the Eastern Carolina State Veterans Cemetery in Goldsboro. Makes organizational and conforming changes. Changes the act's long title.

Intro. by G. Martin, Szoka.GS 115D, GS 116
H 527 (2017-2018) RESTORE/PRESERVE CAMPUS FREE SPEECH. Filed Mar 29 2017, AN ACT TO RESTORE AND PRESERVE FREE SPEECH ON THE CAMPUSES OF THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA.

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

Amends proposed GS 116-300, requiring the UNC Board of Governors to adopt a policy on free expression that includes access to campus for purposes of free speech and expression that are consistent with First Amendment jurisprudence regarding traditional public forums, designated public forums, and nonpublic forums, subject to reasonable time, place, and manner restrictions (previously, specifically designated park areas, sidewalks, plazas, and other similar places on constituent institution campuses as traditional public forums open on the same terms to any speaker, and designating other areas of the campuses as nonpublic forums consistent with First Amendment Jurisprudence).

Amends proposed GS 116-301(b), deleting the provision excepting from information requests by the Committee on Free Expression requested information required to be kept confidential by other provisions of State or federal law. 

Corrects the statutory reference in proposed GS 116-303 (Guidelines and additional policies authorized).

Changes the liability limitations set out in proposed GS 116-304, deleting the provision establishing immunity for the UNC System or a constituent institution for relocating or restricting expressive activity permitted by the act following a reasonable determination that there exists an articulable and significant threat to the health and safety of other individuals, or that the continuing or functioning of campus operations cannot be reasonably remedied except by relocating or restricting expressive activity.

Intro. by Millis, Jordan.GS 116
H 566 (2017-2018) PRIVATE PROTECTIVE SERVICES CHANGES. Filed Apr 4 2017, AN ACT TO MAKE VARIOUS CHANGES TO THE PRIVATE PROTECTIVE SERVICES ACT TO CREATE CERTAIN FEES.

House amendments make the following changes to the 3rd edition.

Amendment #2 amends proposed GS 74C-13.1 (Firearm training exemptions). Amends the documentation that a person must provide to qualify for an exemption under that statute, to require, as an alternative to a copy of a DD Form 214 noting a Military Police or Criminal Investigations Division military occupational specialty, a DD Form 215anda DD Form 214, noting a Military Police or Criminal Investigations Division military occupational specialty.

Amendment #1 makes amendments to GS 74C-17 (Enforcement) effective August 1, 2017, and applicable to proceedings commenced on or after that date. Makes the remainder of the act effective August 1, 2019 (was, July 1, 2017), except for Section 12, which remains effective December 1, 2017.

Intro. by Hardister, Burr, Faircloth, McNeill.GS 14, GS 74C
H 589 (2017-2018) COMPETITIVE ENERGY SOLUTIONS FOR NC. (NEW) Filed Apr 5 2017, AN ACT TO REFORM NORTH CAROLINA'S APPROACH TO INTEGRATION OF RENEWABLE ELECTRICITY GENERATION THROUGH AMENDMENT OF LAWS RELATED TO ENERGY POLICY AND TO ENACT THE DISTRIBUTED RESOURCES ACCESS ACT.

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

Part I. Standard Contracts for Small Power Producers

Further amends GS 62-156 (Power sales by small power producers to public utilities). Makes conforming changes in subsection (a) to refer to an electric public utility throughout the subsection. Modifies subsection (b), concerning standard contracts for small power producer facilities up to 1,000 kW, providing that when an electric public utility has entered into power purchase agreements with small power producers from facilities (previously, with small power producer facilities) in the aggregate capacity of 100 MW or more (previously, with a total capacity of 100 MW or more) and which established a legally enforceable obligation after November 15, 2016, the eligibility threshold for that utility's standard offer must be reduced to 100 kW. Makes changes to refer to capacity purchased rather than avoided capacity purchased pertaining to the rates to be paid by electric public utilities for capacity purchased from a small power producer. Makes changes to proposed subsection (c), concerning rates to be paid by electric public utilities to small power producers not eligible for the utility's standard contract. Requires the utility to design rates consistent with the most recent Utilities Commission-approved avoided cost methodology for a fixed five-year term (the previous edition did not specify the most recently approved avoided cost methodology). Modifies and adds to the specified small power producers permitted to negotiate for a fixed-term contract that exceeds five years to include those that produce electric energy primarily (previously, solely) by the use of: (1) swine or poultry waste; (2) hydropower, so long as the hydroelectric power facility total capacity is equal to or less than 5 MW; or (3) landfill gas, manure digester gas, agricultural waste digester gas, sewage digester gas, or sewer sludge digester gas (the previous provision only provided for production by the use of swine or poultry waste).

Part II. Competitive Procurement of Renewable Energy

Amends proposed GS 62-110.8 (Competitive procurement of renewable energy), requiring each electric public utility to file for approval of the Utilities Commission (Commission) a program for the competitive procurement of energy and capacity from renewable energy facilities (previously, for the competitive procurement of new renewable energy resources). Clarifies that renewable energy facilities eligible to participate in the competitive procurement must include facilities that use renewable energy resources identified (previously, must include resources identified) in GS 62-133.8(a)(8), limited as previously described. Directs the electric public utilities to issue RFPs to procure energy and capacity from renewable energy facilities in the aggregate amount of 2,200 MW (previously, to procure new renewable energy resources in the aggregate amount of 2,660 MW), allocated over a 45-month term as previously described. Directs the Commission to require (previously, at minimum require) the additional competitive procurement of renewable energy capacity (previously, the additional competitive procurement of renewable energy) by the electric public utilities in an amount that meets the previously set forth criteria. Prohibits the Commission from approving a program for any additional competitive procurement of energy and capacity from renewable energy facilities unless authorized by the statute (previously, required the Commission to determine the offering of a new competitive procurement and the amount to be procured at the termination of the initial procurement period based on need). Permits electric public utilities to jointly or individually implement the aggregate competitive procurement requirements of subsection (a), and satisfy the requirements for the procurement of renewable energy capacity to be supplied by renewable energy facilities (previously, satisfy the requirements for the procurement of renewable resources) through any of the previously specified ways. Makes conforming and clarifying changes. Adds a new provision to the limitations set forth for procured renewable energy capacity, prohibiting compensation for curtailment from exceeding the market value of energy at the time of curtailment. 

Part VI. Disturbed Resources Access Act

Amends proposed GS 62-126.3, now defining the term electric generator lessor to mean the owner of a solar energy facility that leases the facility to a customer generator lessee (was, the owner of an eligible electric generation facility that leases the facility to a customer generator lessee). Now defines solar energy facility to mean an electric generating facility (previously, a solar energy facility) leased to a customer generator lessee that meets the requirements, as specified.

Amends proposed GS 62-126.5 (Scope of leasing program in offering utilities' services areas) to consistently reference an electric generator lessor throughout subsection (b).

Amends proposed GS 62-126.7 (Commission authority over electric generator lessors) to clarify that the Commission can review the certificate to determine whether the electric generator lessor is conducting business in compliance with the new Article upon the request of an electric public utility (previously, generally a public utility), among other specified interested parties. Makes conforming changes to refer to an electric generator lessor instead of a solar electric generator lessor.

Part X. Update Utilities Commission Charges and Fees

Makes conforming changes to proposed GS 62-300(a)(16) to refer to applications for a certificate to engage in business as an electric generator lessor, rather than a solar electric generator lessor. 

Part XI. Decommissioning of Utility Scale Solar Energy Facilities

New Part XI enacts GS 62-351. Requires the owner or operator of a utility-scale solar project, as defined, to decommission the project upon cessation of activities and reclaim the property to its condition prior to commencement of activities on the site, no later than one year following completion of the operations. Details three steps an owner or operator must take at a minimum in decommissioning a project. Requires owners or operators to establish financial assurance that will ensure that sufficient funds are available for decommissioning and reclamation, even if the owner or operator becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets in the State. Authorizes various methods of financial assurance. Directs the Department of Environmental Quality (DEQ) to adopt rules establishing criteria to set the amount of required financial assurance, and provides requirements for the rules. Establishes that an owner or operator of a utility-scale solar project is responsible for properly recycling each solar panel used in the project at the end of the panel's useful life. Requires recycling requirements to be in compliance with environmentally sound management practices, and requires the owner or operator to conduct and document due diligence assessments of the recyclers with which it contracts.

Directs DEQ to adopt temporary rules to implement the requirements of new GS 62-351 no later than September 1, 2017, to remain in effect until the effective date permanent rules are adopted and effective. Applies to utility-scale solar projects for which construction is initiated on or after the date the act becomes law.

Part XIII. Moratorium on Permits for Wind Energy Facilities

Makes organizational changes to move the severability clause and effective date provisions to new Part XIV.

Establishes a moratorium on consideration of applications for a permit and on the issuance of permits for wind energy facilities and wind energy facility expansions in the State for the purpose of allowing the General Assembly to study the extent and scope of military operations in the State and to consider the impact of future wind energy facilities and energy infrastructure on military operations, training, and readiness. Specifically prohibits DEQ and the Coastal Resources Commission from considering a permit application or issuing a permit for a wind energy facility or wind energy facility expansion for the period beginning January 1, 2017, and ending on December 31, 2020. Provides that the moratorium does not prohibit the consideration of an application for or the issuance of a permit for a wind energy facility or wind energy expansion facility for: (1) facilities or facility expansions that received a written Determination of No Hazard to Air Navigation issued by the FAA on or before May 17, 2013 or (2) if the applicant can show that a completed application meeting the requirements of GS 143-215.119(a) was submitted to DEQ or the Coastal Resource Commission on or before January 1, 2017.

Directs the General Assembly to study the extent and scope of military operations in the State in order to create a suite of maps and other relevant data and documentation to be employed to communicate the temporal and spatial use of land-, air-, and water-based military operations, and to identify areas of the State both onshore and offshore where energy infrastructure and development poses a threat to, encroaches upon, or otherwise reduces operations, training capabilities, or readiness. Directs the Legislative Services Officer (LSO) to issue the  RFP on or before December 31, 2017, as specified to conduct the study and creation of the maps and other relevant data and documentation. Requires that a contract to award the RFP be executed on or before June 30, 2018. Details consultation requirements of the selected contractor, including the base commander, or the base commander's designee, of each military installation in the State. Requires the study and maps and relevant data to be completed and submitted to the LSO on or before June 30, 2019, in order to inform policy development during the 2019-20 General Assembly. 

Intro. by Szoka, Arp, Watford.STUDY, GS 62
H 719 (2017-2018) IMPROVE SECURITY/UPPER LEVEL/PKING LOT 65. Filed Apr 10 2017, AN ACT TO ALLOCATE THE PARKING SPACES IN THE UPPER LEVEL OF STATE PARKING DECK 65 TO THE LEGISLATIVE SERVICES COMMISSION TO SUPPORT SECURITY MEASURES FOR THE LEGISLATIVE COMPLEX.

House amendment #2 makes the following changes to the 2nd edition.

Amends GS 120-32.1 (Use and maintenance of buildings and grounds). Grants the Legislative Services Commission the exclusive authority to assign parking space in any spaces provided in Lot 7 of the State Government Parking Complex under GS 143-340(18a).

Amends GS 143-340 (Powers and Duties of the Secretary of the Department of Administration). Provides the Secretary with the power to allocate to the General Assembly, on 30 days' written notice, the number of parking spaces requested by the Legislative Services Commission Officer in Lot 7 of the State Government Parking Complex. The allocation is not subject to the approval of the Governor and the Council of State.

Provides that, notwithstanding GS 120-32.1, as amended by this act, State employees assigned a parking space due to disabilities in State Parking Deck 65 prior to the effective date of this act may apply to the Legislative Services officer for accessible parking.

Intro. by Arp, Dollar, Saine, Lewis.GS 120, GS 143
H 770 (2017-2018) VARIOUS CLARIFYING CHANGES (NEW). Filed Apr 11 2017, AN ACT TO MAKE CLARIFYING CHANGES TO ENSURE ESSA COMPLIANCE; CLARIFY PROPERTY TAX COMMISSION SALARIES; CLARIFY ADMINISTRATIVE COSTS FOR THE HEALTHY FOOD SMALL RETAILER PROGRAM; CLARIFY SINGLE-STREAM FUNDING FOR LME/MCOS; CHANGE THE MEMBERSHIP OF THE NORTH CAROLINA MEDICAL BOARD; PROHIBIT ATTORNEYS SERVING AS TRUSTEES FROM REPRESENTING NOTEHOLDERS OR BORROWERS WHILE INITIATING A FORECLOSURE PROCEEDING; MAKE CHANGES TO REPORTING REQUIREMENTS TO THE GENERAL ASSEMBLY; AND MAKE CHANGES TO THE NORTH CAROLINA STATE LOTTERY COMMISSION.

Senate amendment makes the following changes to the 4th edition:

Amends GS 130A-309.09B (Local Government Waste Reduction Programs). Prohibits local governments from prohibiting the disposal of waste outside the borders of their county or municipality for waste generated within their county or municipality.

Intro. by K. Hall, McElraft, B. Turner, Harrison.STUDY, GS 113, GS 130A, GS 143

The Daily Bulletin: 2017-06-27

PUBLIC/SENATE BILLS
S 82 (2017-2018) ACHIEVING BUSINESS EFFICIENCIES (NEW). Filed Feb 14 2017, AN ACT TO MAKE VARIOUS CHANGES TO THE EMPLOYMENT LAWS.

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

Deletes all previous provisions. Changes the act's long and short titles, and now provides the following.

Amends GS 96-1 to provide that service performed by direct sellers, as defined in the IRS Code, is not employment for the purpose of unemployment insurance. Applies to claims for benefits filed on or after July 1, 2018, and to tax calculation on or after that same date.

Amends GS 95-25.24A, deeming a franchisee or a franchisee's employee an employee of the franchisor for purposes including but not limited to the Article and GS Chapters 96, 97, and 105, if: (1) the franchisee and franchisor share in the determination of or codetermine the matters governing the essential terms and conditions of the employee's employment and (2) the franchisee and franchisor both directly and immediately control matters relating to the employment relationship, such as hiring, firing, discipline, supervision, and direction. Makes organizational changes.

Amends GS 95-25.14(c), adding that the provisions of GS 95-25.4 (Overtime) and the provisions of GS 95-25.15(b) (Record Keeping), do not apply to employees of a seasonal amusement or recreational establishment. 

Amends GS 95-25.3(e), which authorizes the Commissioner of Labor to establish a wage rate not less than 85% of the otherwise applicable minimum wage rate in effect under subsection (a) of the statute, to remove employees of seasonal amusement or recreational establishments from the scope of the adjusted wage rate authorized in subsection (e).

Amends GS 95-25.4(a), eliminating the provision requiring employers of seasonal amusement or recreational establishment employees to pay those employees the overtime rate only for hours in excess of 45 hours per work week.

Effective January 1, 2018.

Intro. by Brock, Tillman, Tucker.GS 95, GS 96
S 114 (2017-2018) ANNUAL REPORT MODERNIZATION. Filed Feb 21 2017, AN ACT REVISING THE LAWS GOVERNING THE SUBMISSION OF ANNUAL REPORTS BY VARIOUS BUSINESS ENTITIES TO THE SECRETARY OF STATE; CONFORMING THE TREATMENT OF LEASEHOLD INTERESTS IN EXEMPT PROPERTY TO THAT OF OTHER TYPES OF INTANGIBLE PERSONAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX; AND CREATING THE CRIMINAL CODE RECODIFICATION COMMISSION.

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

Amends the long title.

Amends GS 105-275 (Property classified and excluded from the tax base). Amends the provisions of that statute that distinguish the treatment of leasehold interests in exempted real property from the treatment of intangible personal property other than software. Effective for taxes imposed for taxable years beginning on or after July 1, 2017.

Establishes a 25-member Criminal Code Recodification Commission (Commission), with members appointed by the President Pro Tem. of the Senate, the Speaker of the House of Representatives, the Governor, the Lieutenant Governor, the North Carolina Chamber Legal Institute, and the Chief Justice, with the chair appointed by the Chief Justice. Directs the Commission to create a fully drafted new criminal code, official commentary to the new code, conversion tables to compare current law to the draft code, and offense grading tables, as specified and according to nine listed standards, including that the Commission eliminate unnecessary, inconsistent, or unlawful provisions in the current code. Provides for seeking funding for the Commission. Directs the Commission to make an interim report no later than December 1, 2018, to the Joint Legislative Oversight Committee on Justice and Public Safety, and to make a final report of its findings and recommendations no later than December 1, 2019, to the Joint Legislative Oversight Committee on Justice and Public Safety and the General Statutes Commission. Provides that the Commission expires upon the submission of its final reports. Directs all agencies, boards, and commissions with the power to establish criminal penalties in the NC Administrative Code to provide the Commission with a list of all criminal penalties currently in effect or pending implementation, by December 1, 2017.

Provides that Section 7 is effective when the act becomes law.

Intro. by Wells, Tarte.STUDY, GS 55, GS 55A, GS 57D, GS 59, GS 105
S 153 (2017-2018) MILITARY RETIREE STATE INCOME TAX RELIEF. (NEW) Filed Mar 1 2017, AN ACT TO PROVIDE INCOME TAX RELIEF FOR RETIRED MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND OTHER VARIOUS CHANGES.

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

Changes the long and short titles.

Deletes the proposed changes to GS 105-153.4(a), which excluded from NC taxable income military pay of an active service member of any branch of the US Armed Forces for any period of time the service member is not present in the State if the service member is an NC resident and is not present solely in compliance with military orders reassigning the service member to a permanent duty station located outside the State.

Makes conforming organizational changes.

Intro. by Rabin, Sanderson, Britt.GS 105
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.

House amendment #1 makes the following changes to the 4th edition.

Deletes the proposed changes to GS 18B-1105(a)(2), maintaining existing law that authorizes distillery permitees to sell, deliver, and ship spirits in closed containers at wholesale to exporters and local boards within the State, and, subject to the laws of other jurisdictions, at wholesale or retail to private or public agencies or establishments of other states or nations. Makes a conforming deletion.

Deletes proposed GS 18B-804(b2), which allowed the distiller to set the retail price of spirits sold for delivery outside the State pursuant to new GS 18B-1105(a)(2a).

Intro. by Gunn, Blue, Harrington.GS 18B, GS 105, GS 153A, GS 160A
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 amendment #1 modifies the 2nd edition, adding a provision to proposed GS 20-130(f) to clarify that the new subsection prohibiting the use of a light bar lighting device while driving a motor vehicle on State highways does not apply to or otherwise restrict the use of a light bar lighting device with strobing lights. 

Intro. by McInnis.GS 20
S 223 (2017-2018) EXCLUDE TIERS 1 & 2 FROM JDIG CAP (NEW). Filed Mar 8 2017, AN ACT TO EXCLUDE FROM THE MAXIMUM LIABILITY CAP FOR GRANTS AWARDED UNDER JDIG PROJECTS LOCATED WHOLLY WITHIN A DEVELOPMENT TIER ONE OR TWO AREA OR A COMBINATION THEREOF.

House committee substitute deletes all provisions of the 3rd edition and replaces them with the following.

Section 1 adds a new Part 2L to Article 10 of Chapter 143B creating the North Carolina Rural Job Creation Fund. 

New GS 143B-437.135 names the new part the North Carolina Rural Job Creation Fund.

New GS 143B-437.136 establishes definitions for the following sixteen terms: affiliatebusiness concernclosing datedepartmentdevelopment tier areaearned job factorfull-time employeegrowth investmentinvestment authoritynet full-time employeeprincipal business operationsprivate contributionsrepayment amountreparable grantrural county, and rural fund.

New GS 143B-437.137 establishes the application process for approval as a rural fund beginning October 1, 2018.  The application must include total investment authority sought, license as either a rural business investment company or a small business investment company (both terms defined under federal law), evidence that the applicant has invested at least $100 million in nonpublic companies located in communities with less than 50,000 residents, and an affidavit from each investor stating the investor’s amount of contributions to the fund.  Requires the Department of Commerce (Department) to make application determinations by November 30, 2018, and limits approval to no more than $100 million in investment authority (if multiple applicants qualify, Department must apportion investment authority among qualified applicants).  Limits Department’s ability to deny applications only in instances where the applicant does not provide all required information, affidavits indicate private contributions of less than 50% of requested investment authority, or the maximum amount of investment authority has already been granted.  Provides for appeal process upon denial of application.  Requires fund to secure private contributions within 60 days of approval and provide confirmation of contributions within 65 days of approval.  Failure results in forfeiture of approval.

New GS 143B-437.138 establishes the NC Rural Job Creation Fund as a special revenue fund within the Department of Commerce.  Requires the Department and the fund to execute an agreement under which the Department makes allocations to the fund and the fund is obligated to invest funds received.

New GS 143B-437.139 sets out conditions under which the Department is required to demand repayment of grants, including failure to invest all monies within three years of receipt, failure to maintain growth investments equal to 100% of its investment authority or exiting the program with less than 100% of the fund's investment authority invested in growth investments, providing more than $5 million to a single business concern, or making investments that constitute a conflict of interest with investors.  Sets out notice requirements for repayment.

New GS 143B-437.140 authorizes a rural fund to seek a written opinion from the Department on whether a particular investment meets the requirements of Part 23.  If requested, the Department must render a determination within fifteen days.

New GS 143B-437.141 sets out various reporting requirements for rural funds and the Department, and authorizes the Department to adopt rules necessary to implement Part 23.

New GS 143B-437.142 requires the Department to calculate and assess annual fees on rural funds under a formula prescribed in this section.

New GS 143B-437.143 establishes procedures by which a rural fund exits from the grant program.

Section 2 directs the Department of Commerce to adopt rules to administer the NC Rural Job Creation Fund prior to the convening of the 2018 Regular Session.

Makes conforming changes to the act's titles.

Intro. by J. Jackson, Britt, Newton.GS 143B
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 Governor vetoed the act on 06/27/17. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2017/s257Veto/s257Veto.html

S 299 (2017-2018) EXPAND USE OF CAM SYSTEMS & CREATE CAM FUND. (NEW) Filed Mar 15 2017, AN ACT TO EXPAND THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS IN PUNISHMENTS IMPOSED FOR CERTAIN IMPAIRED DRIVING CONVICTIONS.

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

Deletes all provisions of the 2nd edition.

Amends the long and short titles.

Amends GS 20-179 (Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments). Amends the provisions of subsection (g), describing Level One Punishment, and subsection (h), describing Level Two Punishment. Currently both levels provide for suspension of a term of imprisonment, subject to one of two alternate conditions for special probation: one of imprisonment for a specified reduced term, and the other of abstinence from consuming alcohol, as proved by a continuous alcohol monitoring system. Currently, the abstinence and monitoring special probation condition under Level One Punishment additionally requires a period of at least 10 days' imprisonment. Amends the abstinence from consumption and monitoring condition under Level One Punishment to require abstinence and monitoring for at least 120 days (was, 60 days), with no required imprisonment. Authorizes crediting up to 120 (was, 60) days of pretrial abstinence and monitoring toward the abstinence and monitoring requirement for Level One Punishment special probation. Amends the imprisonment condition of Level Two Punishment special probation to increase the minimum term of imprisonment from seven to fourteen days. Authorizes crediting of up to 90 (was, 60) days of pretrial abstinence and monitoring toward the Level Two Punishment abstinence and monitoring special probation condition. Amends both Level One and Level Two Punishments to provide that if the judge orders a term of imprisonment as a condition of probation, and orders the imprisonment to be served as an inpatient, the judge must impose an additional consumption abstinence and monitoring condition of special probation for at least 60 days under Level One Punishment, and for at least 30 days under Level Two punishment. Authorizes a judge to impose abstinence and monitoring as a condition for the period of a defendant's entire probation (was, for a period between 30 days and the defendant's entire probation). Authorizes a court to order the Division of Adult Correction to pay the costs of a continuous alcohol monitoring system when the court finds that a defendant should not be required to pay the costs of the system. Makes technical changes to make language gender neutral. Amends the conditions that must be satisfied for a defendant to be placed on unsupervised probation to clarify that the defendant must additionally complete any recommended abstinence and monitoring period.

Enacts new GS 20-179.5 (Continuous alcohol monitoring; administrative fee and costs for monitoring; Continuous Alcohol Monitoring Fund). Provides that costs incurred to comply with continuous alcohol monitoring requirements imposed by a court are to be paid by the monitored person. Specifies an administrative fee of between $20 and $30 to be paid at the time of receipt of the monitoring equipment. Requires the vendor of a monitoring system to remit fees under this statute to the Division of Adult Correction on a quarterly basis. Directs the Division of Adult Correction to use half of the fees to pay costs incurred in ensuring compliance with court-imposed monitoring requirements, and to place the other half in the Continuous Alcohol Monitoring Fund. Creates the Continuous Alcohol Monitoring Fund, to be used to provide access to monitoring as a sentence option for indigent persons, subject to a court order that the Division of Adult Correction should pay the cost of continuous alcohol monitoring for such a person.

Effective December 1, 2017, and applicable to offenses committed on or after that date.

Intro. by J. Jackson, Newton, Britt.GS 20
S 384 (2017-2018) CRIMINAL LAW CHANGES. (NEW) Filed Mar 23 2017, AN ACT TO AMEND THE LAW REGARDING THE USE OF MOTIONS FOR APPROPRIATE RELIEF; TO CLARIFY THE DEFINITION OF "FELONY OFFENSE" FOR PURPOSES OF THE HABITUAL FELON LAW AND TO REMOVE THE SUNSET ON DRIVERS LICENSE ELIGIBILITY FOR PERSONS CONVICTED OF HABITUAL IMPAIRED DRIVING; TO INCLUDE BREAKING AND ENTERING WITH THE INTENT TO TERRORIZE AS A HABITUAL BREAKING AND ENTERING STATUS OFFENSE; TO CLARIFY THAT WHEN A PERSON IS CHARGED WITH AN OFFENSE WHICH REQUIRES MANDATORY FINGERPRINTING, FINGERPRINTING WILL BE ORDERED BY THE COURT IF THE OFFENDER WAS NOT ARRESTED AND FINGERPRINTED AT THE TIME OF THE OFFENSE; AND TO PROVIDE THAT A PRIVATE CITIZEN'S SHOWING OF PROBABLE CAUSE TO THE MAGISTRATE SHALL INCLUDE SUFFICIENT INFORMATION SUPPORTED BY OATH OR AFFIRMATION THAT A CRIME HAS OCCURRED AND SHALL ISSUE AS A SUMMONS UNLESS A SUBSTANTIAL LIKELIHOOD EXISTS THAT THE DEFENDANT WILL NOT RESPOND TO A SUMMONS; AND TO AMEND THE SHERIFF'S SUPPLEMENTAL PENSION FUND.

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

Deletes all previous provisions. Changes the act's long and short titles, and now provides the following.

Part I. Motions for Appropriate Relief

Current law, GS 15A-1413(d), requires the senior resident superior court judge to assign a motion for appropriate relief filed in superior court for review and administrative action, which includes entry of a scheduling order for subsequent events in the case. This act specifies that entry of a scheduling order for subsequent events by the senior resident superior court judge includes disclosure of expert witness information described in GS 15A-903(a)(2) (requiring notice to the defendant by the prosecuting attorney) and GS 15A-905(c)(2) (requiring notice to the State by the defendant) for expert witnesses reasonably expected to be called at a hearing on the motion for appropriate relief.

Amends GS 15A-1420(b1), which sets out the procedure for filing of a motion for appropriate relief. Adds a new subdivision to require the judge assigned to the motion to conduct an initial review to determine if all of the claims in the motion are frivolous. Directs the judge to deny the motion upon initial review if the judge determines that all the claims in the motion are frivolous. Provides that if the motion presents sufficient information to warrant a hearing or the interest of justice so requires, the judge must appoint counsel for an indigent defendant who is not represented by counsel. Directs counsel to review the motion filed by the petitioner and either adopt the motion or file an amended motion. Provides that after post-conviction counsel files an initial or amended motion, or a determination is made that the petitioner is proceeding without counsel, the judge can direct the State to file an answer. Allows the State to file a limited answer alleging that as a matter of law the defendant is not entitled to the relief sought.

Makes technical changes to GS 7A-451, which specifies the actions and proceedings in which an indigent person is entitled to services of counsel under law. Further, provides that an indigent person is entitled to services of counsel in a motion for appropriate relief under GS Chapter 15A if (1) appointment of counsel is authorized by GS Chapter 15A and (2) the defendant has been convicted of a felony, the defendant has been fined $500 or more, or the defendant has been sentenced to a term of imprisonment (previously, the authorization of appointment of counsel under GS Chapter 15A was not required).

Effective December 1, 2017, and applies to motions for appropriate relief filed on or after that date.

Part II. Habitual Felons/Clarify Previous Convictions

Amends GS 14-7.1, concerning the definition of a felony offense for the purpose of declaring individuals to be habitual felons, providing that a felony offense includes (1) an offense that is a felony under the laws of another state or sovereign that is substantially similar to an offense that is a felony in North Carolina, and for which a guilty plea was entered or a conviction returned; (2) an offense that is a crime under the laws of another state or sovereign that does not classify any crimes as felonies but the offense is substantially similar to an offense that is a felony in North Carolina and punishable by imprisonment for more than a year in state prison, and for which a guilty plea has been entered or a conviction returned; and (3) any offense that is a felony under federal law. Makes clarifying and organizational changes. Effective December 1, 2017, and applies to offenses committed on or after that date and that is the principal felony offense for a charge of a status offense of habitual felon.

Eliminates the sunset provision set out in Section 7 of SL 2009-369, as amended, which allows an individual convicted of habitual impaired driving to be eligible to petition for a hearing to restore driving privileges after 10 years without any traffic or criminal convictions (currently, expires December 1, 2016). Retroactively effective December 1, 2016. 

Clarifies that prosecutions for offenses committed before the effective date of the act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. 

Part III. Include Breaking and Entering with Intent to Terrorize in Habitual Breaking and Entering

Amends GS 14-7.25 to include the offense of breaking or entering with the intent to terrorize or injure an occupant of the building (a Class H felony under GS 15-54(a1)) as a habitual breaking and entering status offense punishable as provided under Article 2D of GS Chapter 14 (Habitual Breaking and Entering Status Offense). Effective December 1, 2017, and applies to offenses committed on or after that date. 

Part IV. Fingerprinting Upon Arrest

Amends GS 15A-502. Directs a court to order a person charged for an offense for which fingerprints are required, but not arrested for that offense, to submit to fingerprinting by the sheriff or other appropriate law enforcement agency at the earliest practical opportunity. Directs the sheriff to report a failure to appear for fingerprinting as ordered, and authorizes the court to initiate criminal contempt proceedings against the person.

Effective December 1, 2017, and applies to offenses committed on or after that date.

Part V. Citizen Warrants

Amends GS 15A-304, pertaining to warrants for arrest, to add new subsection (d1) establishing provisions to authorize a magistrate to issue a citizen's warrant or criminal summons, based solely on information supplied by a private person.

Requires the information provided by a private person to be supported by oath or affirmation and be sufficient for the magistrate to make an independent judgment that there is probable cause to believe that a crime has been committed and that the person to be arrested committed it. Requires the information to be shown by one or more of the methods listed in subsection (d) for showing probable cause for a warrant for arrest, which are modified by the act to include information shown by affidavit, oral testimony under oath or affirmation presented by a sworn law enforcement officer before the issuing official (currently, does not specify the oral testimony under oath or affirmation be presented by a sworn law enforcement officer), or oral testimony under oath or affirmation presented by a sworn law enforcement officer to the issuing official by means of a clear audio and video transmission.

Directs that a citizen's summons rather than a citizen's warrant be issued unless: (1) the accused has a history of failure to appear before the court as required; (2) there is evidence that the accused is likely to escape or otherwise flee the State in order to avoid prosecution for the offense alleged; (3) there is evidence of imminent danger of harm to persons or property if the accused is not taken into custody; (4) the location of the accused is not readily discoverable, in that a criminal summons would be unlikely to be served before any court date assigned at the time of issue; (5) a relevant statute provides that arrest is mandatory for an offense charged; or (6) the seriousness of the offense constitutes grounds for an arrest warrant.

Amends subsection (a) to make organizational changes and to add the term "citizen's warrant." Amends subsection (c) to make the requirements concerning the statement of the crime apply to both a warrant for arrest and a citizen's warrant. Makes change to subsection (d) to clarify that those provisions apply to warrants for arrest. Makes technical changes.  

Effective December 1, 2017, and applies to warrants issued on or after that date. 

Intro. by Britt, Rabon, Meredith.GS 7A, GS 14, GS 15A
S 419 (2017-2018) PLANNING/DEVELOPMENT CHANGES. Filed Mar 28 2017, AN ACT TO REORGANIZE AND CLARIFY STATUTES REGARDING LOCAL PLANNING AND DEVELOPMENT REGULATION.

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

Makes a conforming change that repeals GS Chapter 168, Article 3 (reflecting that the contents of that chapter are being recodified elsewhere, as previously summarized).

Amends GS 160D-6-5 (Governing board statement), as enacted by this act. Requires a governing board to approve a statement describing whether an action adopting or rejecting any zoning text or map amendment is consistent or inconsistent with an adopted comprehensive plan. Inconsistent actions are deemed amendments to the plan, and no additional requests or applications for plan amendments are required. Requires the statement to also explain the change in conditions the governing board took into account in making the zoning amendment to meet the community's development needs. Requires actions adopting or rejecting petitions for a zoning map amendment to include a statement briefly explaining (was, analyzing) the reasonableness of the proposed rezoning. Authorizes the brief explanation statement to consider why the action is in the public interest.

Amends GS 160D-10-1, as enacted by this act. Requires a governing board that approves the rezoning of any property associated with a development agreement executed and recorded under that article to comply with GS 160D-6-5.

Amends GS 160D-8-2, as enacted by this act. Provides that the division of a tract into parcels under the terms of a probated will or the law of intestate succession is not subject to subdivision regulations. Provides that a county may require only a plat for recordation for the division of a tract or parcel of land in single ownership, if each of five listed criteria are met, including that no part of the tract or parcel to be divided has been divided under that provision in the 10 years prior to division.

Provides as follows: if the act becomes law in 2017, it is the intent of the General Assembly that legislation in other acts enacted in the 2017 Regular Session of the 2017-18 General Assembly that affects statutes repealed and replaced by similar provisions in GS Chapter 160D, as enacted by this act, also be incorporated into GS Chapter 160D. Such other legislation includes, if so enacted, the following bills in the 2017 Regular Session: S 615, H 158, H 252, H 310, H 376, H 457, H 530, H 581, and H 794. Directs the NC General Statutes Commission to study the need for legislation to accomplish this intent and report its findings and recommendations, including any legislative proposals, to the 2018 Regular Session of the 2017-18 General Assembly. Effective when the act becomes law.

Intro. by Lee, McKissick.GS 113A, GS 130A, GS 143, GS 153A, GS 160A, GS 160D
S 469 (2017-2018) TECHNICAL CORRECTIONS. (NEW) Filed Mar 29 2017, AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING AND CONFORMING CHANGES TO THE GENERAL STATUTES AND SESSION LAW.

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

Deletes the proposed changes to GS 130A-334(9a), amending the definition of repair.

Deletes the proposed changes to GS 130A-337, concerning initial improvement and operation permits for wastewater systems.

Deletes proposed subsection (a2) in GS 130A-335 (Wastewater collection, treatment and disposal; rules), which required evaluations for soil conditions and site features be approved by the applicable permitting authorities. Also deletes the proposed changes to subsections (c) and (e), concerning rules of the Commission for Public Health and local boards of health. 

Deletes the directive requiring the Commission for Public Health and any local board of health to implement 15 NCAC 18A .1945 (Available Space) by prohibiting either the Commission or the rules of a local board of health from requiring sufficient available space for a replacement wastewater system of 480 gallons per day or less of domestic wastewater. Makes conforming deletions.

Deletes the directive requiring the Commission for Public Health and any local board of health to implement 15 NCAC 18A .1943 (Soil Depth) by prohibiting the Commission or the rules of a local board of health from establishing limitations on depths to suitable, provisionally suitable, or unsuitable soils or saprolite, or limitations based solely on gallons per day. Makes conforming deletions.

Deletes the authorization to the Division of Water Resources 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 Beaufort Inlet and the Virginia border in exchange for the reduction in size and possible change in location of dredged material disposal easement sites currently held by the federal government. Deletes the proposed changes to GS 143-215.73F(b), which authorized the use of the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to provide funding for the above agreement with the federal government.

Enacts GS 143-215.73M, establishing the Coastal Storm Damage Mitigation and Prevention Fund (Fund). Details the funding sources of the Fund. Limits allocation of revenue credited to the Fund to the State or local government to cover costs associated with beach nourishment, artificial dunes, and other projects to mitigate, remediate, or prevent coastal storm damage to the ocean beaches and dune system of the State. Details cost-sharing for any project funded by revenue from the Fund based on whether the dredging project is located in a development tier one area. Provides for the return of contributions to the Fund from non-State entities for a particular project or group of projects if the contribution has not been spent or encumbered within two years of receipt of the contribution to the Fund. 

Amends GS 143-64.17 to add the terms excusable delay and interim period to the definitions provided. Defines excusable delay to mean a delay in performance of a guaranteed energy savings contract caused by an event or circumstance beyond a party's reasonable control, including without limitation, any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, quarantine, restrictions, delays of common carriers, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Defines interim period to be the period between the effective date of the guaranteed energy savings contract and the date the installation of the energy conservation measures is complete and has been accepted by the governmental unit. Makes organizational changes.

Amends GS 143-64.17B (Guaranteed energy savings contracts). Adds to subsection (g), which requires a qualified provider to provide an annual reconciliation statement, to also require the qualified provider to provide a reconciliation statement for energy savings realized during the interim period, to be provided within 90 days from the time that the energy conservation measures become fully operational. Adds new subsection (h), providing that if completion of a project is delayed for reasons not the fault of the governmental unit or due to an excusable delay, as defined in new GS 143-64.17(2a), the projected acceptance date for purposes of structuring the financing is the date when the energy savings guarantee begins, and, if the measured and verifiable savings under the contract at the time of the scheduled payment of the financing contract are inadequate, the qualified provider is responsible for the shortfall. Specifies that the actual savings realized during the interim period must be held by the governmental unit for payment under the financing contract. 

Intro. by Brown.GS 113, GS 130A, GS 143
S 552 (2017-2018) OMNIBUS OCCUPANCY TAXES. (NEW) Filed Mar 30 2017, AN ACT TO MAKE VARIOUS OCCUPANCY TAX CHANGES AFFECTING THE CITIES OF SANFORD, SALUDA, JACKSONVILLE, HICKORY AND CONOVER AND AFFECTING THE COUNTIES OF HARNETT, SAMPSON, YADKIN, AND ROWAN.

House amendment #1 amends the 2nd edition.

Adds new Part IV. Amends Sections 1 and 3 of SL 2009-169, directing the Hickory-Conover Tourism Development Authority to use the proceeds from the occupancy taxes levied by the Cities of Hickory and Conover to be used as follows: prior to and through December 31, 2029 (currently, December 31, 2019), two-thirds of the funds are to be used to provide for a convention center facility with the remainder to be used to promote travel and tourism in the area; and after December 31, 2029 (currently, December 31, 2019), two-thirds of the funds are to be used to promote travel and tourism in the area with the remainder to be used for tourism-related expenditures.

Makes conforming changes to the long title.

Intro. by Tillman, Cook.Catawba, Harnett, Henderson, Lee, Onslow, Polk, Rowan, Sampson, Yadkin
S 569 (2017-2018) UNIFORM POWER OF ATTORNEY ACT. Filed Mar 30 2017, AN ACT TO ADOPT THE UNIFORM POWER OF ATTORNEY ACT IN THIS STATE.

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

Makes an organizational change to proposed GS 32C-1-110 (Termination of power of attorney).

Amends proposed GS 32C-1-111 (Coagents and successor agents). Deletes the provision authorizing a bank or financial institution to rely on the action of any coagent without the joinder of any other coagent. Provides that an agent with actual knowledge of a breach or imminent breach of fiduciary duty by another agent must notify the principal, and if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. Failure to take action or notify the principal makes the agent liable for the reasonably foreseeable damages that could have been avoided had the agent taken action or notified the principal.

Amends proposed GS 32C-1-116 (Judicial relief). Further authorizes persons asked to accept a power of attorney to bring proceedings under this statute.

Amends proposed GS 32C-2-201 (Authority requiring specific grant; grant of general authority). Provides that an agent may only exercise authority over the content of electronic communication sent or received by the principal if the power of attorney expressly grants the agent that authority.

Deletes proposed GS 32C-2-220, which specified the authority granted under a general grant of authority with respect to digital assets.

Amends the statutory form power of attorney in GS 32C-3-301. Includes a caption indicating the presence of important information in all-capital letters, and a paragraph explaining that the power of attorney authorizes another person to make decisions concerning the reader's property. Includes a paragraph instructing the reader to select someone they trust to serve as the reader's agent, and how long that agent's authority lasts. Includes a paragraph explaining that an agent is entitled to reasonable compensation. Includes a paragraph explaining provisions for the designation of one agent and two successor agents, as well as the option for coagents and successor coagents. Deletes the portion of the form granting general authority with regard to digital assets. Adds a portion of the form granting specific authority to access the content of electronic communications. Adds a section explaining to agents what accepting authority under the power of attorney means, and what duties and powers are given to them under that authority. Explains to agents what responsibilities they have if their authority is terminated, and what liability they may incur if they violate the NC Uniform Power of Attorney Act or act outside of the authority granted to them. Recommends that agents seek legal advice if they are not certain about the meaning of the document.

Intro. by Daniel, Newton.GS 30, GS 32C, GS 47, GS 50, GS 90, GS 122C
S 604 (2017-2018) HOMEMADE ALCOHOLIC BEVERAGE TASTING PERMIT. Filed Apr 4 2017, AN ACT TO REVISE THE LAWS GOVERNING ORGANIZED AFFAIRS, EXHIBITIONS, AND COMPETITIONS WHERE CERTAIN HOMEMADE ALCOHOLIC BEVERAGES ARE OFFERED FOR CONSUMPTION FREE OF CHARGE AND TO AUTHORIZE CERTAIN SMALL MUNICIPALITIES WITH DECREASING POPULATIONS TO ATTRACT BUSINESS THROUGH A MALT BEVERAGE AND UNFORTIFIED WINE ELECTION, AT THE DISCRETION OF THE MUNICIPAL GOVERNING BOARD.

Senate amendment makes the following changes to the 2nd edition.

Amends the long title.

Amends GS 18B-600. Amends the list of additional requirements for a city to hold a malt beverage or unfortified wine election, in addition to the requirement that the county have held such an election that was decided against such sale, to require the city to have a population of 500 or more according to the most recent federal decennial census (currently, does not specify when or how the population was to be measured). Adds an additional, alternative requirement that the city have a population of 400 or more, but less than 500, according to the most recent federal decennial census, and had a population of 500 or more according to the prior federal decennial census. Effective when the bill becomes law.

Makes Section 3, which authorizes the ABC Commission to adopt temporary rules, effective when the bill becomes law.

Intro. by Sanderson.GS 18B
S 615 (2017-2018) NORTH CAROLINA FARM ACT OF 2017. Filed Apr 4 2017, AN ACT TO AMEND CERTAIN LAWS GOVERNING AGRICULTURAL MATTERS.

House amendments make the following changes to the 4th edition.

Amendment #1 further amends GS 153A-340, specifying that activities incident to the farm include existing or new residences constructed to the applicable residential building code situated on the farm occupied by the owner, lessee, or operator of the farm and other buildings or structures sheltering or supporting the farm use and operation. Makes clarifying changes to the header of Section 8.

Adds new Section 8.1 amending GS 106-581.1, which sets out the meaning of agriculture, agricultural, and farming as used in the Article, to include that those terms refer to the following when performed on the farm: the marketing and selling of agricultural products; agritourism; the storage and use of materials for agricultural purposes; packing, treating, processing, storing, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on a farm (currently, produced on the farm); and similar activities incident to the operation of a farm. 

Amendment #2 further adds to GS 143-138(b4) to exempt from building rules farm buildings that are located inside the building-rules jurisdiction of any municipality that are therapeutic equine facilities. Adds that a therapeutic equine facility is an equine facility as described in subsubdivision (1)a of subsection (b4) operated by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code that provides therapeutic equine-related activities for persons who are physically, intellectually, or emotionally challenged. 

Intro. by B. Jackson, Sanderson, Brock.STUDY, GS 18B, GS 20, GS 68, GS 89C, GS 97, GS 105, GS 106, GS 113A, GS 121, GS 143, GS 153A
S 682 (2017-2018) BOARD OF AGRICULTURE APPOINTMENTS. Filed Jun 26 2017, A SENATE RESOLUTION PROVIDING FOR THE CONFIRMATION OF APPOINTMENTS MADE BY THE GOVERNOR TO THE BOARD OF AGRICULTURE.

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

Amends Senate Resolution 746 of the 2015 Regular Session, confirming the appointment of Faylene Whitaker of Randolph County as the nursery representative (was, fruit and vegetable representative) to the Board of Agriculture for a term to expire May 1, 2021.

Makes organizational changes.

Intro. by B. Jackson.SENATE RES

The Daily Bulletin: 2017-06-27

LOCAL/HOUSE BILLS
H 268 (2017-2018) CITY OF BELMONT CHARTER REVISIONS. Filed Mar 7 2017, AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF BELMONT.

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF BELMONT. Enacted June 26, 2017. Effective June 26, 2017.

Intro. by Bumgardner.Gaston
H 331 (2017-2018) CORRECT BOARD MEMBER TERMS/TOWN OF OAKBORO. Filed Mar 13 2017, AN ACT TO CORRECT HOW THE TERMS OF BOARD MEMBERS ARE TO EXPIRE DUE TO TRANSITION OF MUNICIPAL ELECTIONS TO EVEN-NUMBERED YEARS IN THE TOWN OF OAKBORO.

AN ACT TO CORRECT HOW THE TERMS OF BOARD MEMBERS ARE TO EXPIRE DUE TO TRANSITION OF MUNICIPAL ELECTIONS TO EVEN-NUMBERED YEARS IN THE TOWN OF OAKBORO. Enacted June 27, 2017. Effective June 27, 2017.

Intro. by Burr.Stanly
H 349 (2017-2018) CURRITUCK-DEVELOPER FUNDS FOR ROAD CONSTR. Filed Mar 14 2017, AN ACT TO ALLOW CURRITUCK COUNTY TO USE DEVELOPER FUNDS FOR THE CONSTRUCTION OF ROADS TO ALLOW FOR INTERCONNECTIVITY OF SUBDIVISION STREETS AND ROADS.

AN ACT TO ALLOW CURRITUCK COUNTY TO USE DEVELOPER FUNDS FOR THE CONSTRUCTION OF ROADS TO ALLOW FOR INTERCONNECTIVITY OF SUBDIVISION STREETS AND ROADS. Enacted June 26, 2017. Effective June 26, 2017.

Intro. by Steinburg.Currituck
H 378 (2017-2018) BERTIE/GATES COUNTY/AMBULANCE SERVICE. Filed Mar 15 2017, AN ACT AUTHORIZING BERTIE AND GATES COUNTIES TO USE ATTACHMENT OR GARNISHMENT AND LIEN FOR AMBULANCE SERVICE.

AN ACT AUTHORIZING BERTIE AND GATES COUNTIES TO USE ATTACHMENT OR GARNISHMENT AND LIEN FOR AMBULANCE SERVICE. Enacted June 27, 2017. Effective June 27, 2017.

Intro. by Hunter.Bertie, Gates
H 385 (2017-2018) IMPAIRED HUNTING/ORANGE COUNTY. Filed Mar 15 2017, AN ACT TO PROHIBIT HUNTING ON PRIVATE PROPERTY IN ORANGE COUNTY WHILE UNDER THE INFLUENCE OF AN IMPAIRING SUBSTANCE.

AN ACT TO PROHIBIT HUNTING ON PRIVATE PROPERTY IN ORANGE COUNTY WHILE UNDER THE INFLUENCE OF AN IMPAIRING SUBSTANCE. Enacted June 27, 2017. Effective June 27, 2017.

Intro. by Meyer, Insko.Orange
H 415 (2017-2018) HATTERAS VILLAGE COMMUNITY CENTER DISTRICT. Filed Mar 21 2017, AN ACT PROVIDING FOR AN ELECTION IN THE VILLAGE OF HATTERAS ON THE QUESTION OF ALLOWING THE HATTERAS VILLAGE COMMUNITY CENTER DISTRICT TO EXPAND THE USES OF AD VALOREM TAX FUNDS COLLECTED BY THE COUNTY ON BEHALF OF THE DISTRICT FOR THE CONSTRUCTION AND MAINTENANCE OF MULTIUSE PATHWAYS AROUND THE VILLAGE.

AN ACT PROVIDING FOR AN ELECTION IN THE VILLAGE OF HATTERAS ON THE QUESTION OF ALLOWING THE HATTERAS VILLAGE COMMUNITY CENTER DISTRICT TO EXPAND THE USES OF AD VALOREM TAX FUNDS COLLECTED BY THE COUNTY ON BEHALF OF THE DISTRICT FOR THE CONSTRUCTION AND MAINTENANCE OF MULTIUSE PATHWAYS AROUND THE VILLAGE. Enacted June 26, 2017. Effective June 26, 2017.

Intro. by Boswell.Dare
H 426 (2017-2018) SANFORD-LEE COUNTY AIRPORT AUTHORITY CHANGES. Filed Mar 21 2017, AN ACT TO REVISE THE COMPOSITION OF THE SANFORD-LEE COUNTY REGIONAL AIRPORT AUTHORITY AND TO AUTHORIZE THE AUTHORITY TO ENTER INTO CERTAIN CONTRACTS FOR A PERIOD GREATER THAN TWENTY YEARS.

AN ACT TO REVISE THE COMPOSITION OF THE SANFORD-LEE COUNTY REGIONAL AIRPORT AUTHORITY AND TO AUTHORIZE THE AUTHORITY TO ENTER INTO CERTAIN CONTRACTS FOR A PERIOD GREATER THAN TWENTY YEARS. Enacted June 27, 2017. Effective June 27, 2017.

Intro. by Sauls, Reives.Lee
H 498 (2017-2018) JONESVILLE/BOONVILLE/EAST BEND/EVEN-YR ELEC'N. Filed Mar 28 2017, AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE TOWNS OF JONESVILLE, BOONVILLE, AND EAST BEND ARE HELD IN EVEN-NUMBERED YEARS.

AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE TOWNS OF JONESVILLE, BOONVILLE, AND EAST BEND ARE HELD IN EVEN-NUMBERED YEARS. Enacted June 27, 2017. Effective June 27, 2017.

Intro. by Zachary.Yadkin

The Daily Bulletin: 2017-06-27

LOCAL/SENATE BILLS
S 219 (2017-2018) INDIAN BEACH ANNEX/MOREHEAD CITY CHARTER CHGS (NEW). Filed Mar 8 2017, AN ACT TO ADD CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF INDIAN BEACH AND TO AMEND THE CHARTER OF THE TOWN OF MOREHEAD CITY.

AN ACT TO ADD CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF INDIAN BEACH AND TO AMEND THE CHARTER OF THE TOWN OF MOREHEAD CITY. Enacted June 27, 2017. Sections 1 through 3 are effective June 30, 2017. The remainder is effective June 27, 2017.

Intro. by Sanderson.Carteret
S 249 (2017-2018) COYOTE BOUNTY PILOT PROGRAM. Filed Mar 14 2017, AN ACT TO CREATE A COYOTE TAGGING AND BOUNTY PROGRAM IN RICHMOND COUNTY.

AN ACT TO CREATE A COYOTE TAGGING AND BOUNTY PROGRAM IN RICHMOND COUNTY. Enacted June 26, 2017. Effective June 26, 2017.

Intro. by McInnis.Richmond
S 260 (2017-2018) WAKE FOREST ANNEXATION. Filed Mar 14 2017, AN ACT ADDING CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF WAKE FOREST.

AN ACT ADDING CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF WAKE FOREST. Enacted June 26, 2017. Effective June 30, 2017.

Intro. by Barefoot, Alexander.Franklin, Wake
S 285 (2017-2018) EQUAL REPRESENTATION FOR ASHEVILLE. (NEW) Filed Mar 15 2017, AN ACT DIRECTING THE CITY OF ASHEVILLE TO CREATE ELECTORAL DISTRICTS AND, IF ELECTORAL DISTRICTS ARE NOT TIMELY CREATED, PROVIDING FOR THE CREATION OF THOSE DISTRICTS.

House amendment #1 adds to the 3rd edition, establishing an Independent Districting Commission (Commission) for the City of Asheville. Details membership of the Commission, to be appointed by the City Council no later than August 22, 2017, and specifies eligibility requirements and limitations of appointees. Provides for the designation of officers, the filling of vacancies, and meetings and record keeping of the Commission. Directs the Commission to make interim reports to City Council upon request, and make a final report of its map of six single-member electoral districts to the City Council no later than October 10, 2017. Terminates the Committee (intends Commission) upon the filing of its final report.

Directs the City Council of Asheville to adopt the final map reported to the City Council by the Commission. Requires the map of the six single-member districts to be submitted to the Legislative Library, Joint Legislative Elections Oversight Committee, the President Pro Tempore, and the Speaker on or before November 15, 2017. 

Requires the electoral districts established pursuant to the act to be used in the 2019 municipal elections. 

Makes organizational changes. 

Intro. by Edwards.Buncombe
ACTIONS ON BILLS

Actions on Bills: 2017-06-27

PUBLIC BILLS

H 21: DRIVER INSTRUCTION/LAW ENFORCEMENT STOPS.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 27: CLARIFY EXPIRATION OF VEHICLE REGISTRATION.

    Pres. To Gov. 6/27/2017

H 30: VARIOUS SPECIAL REGISTRATION PLATES. (NEW)

    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: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

H 84: DL/DEAF OR HARD OF HEARING DESCRIPTION (New)

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 90: CHANGES TO EDUCATION AND ELECTION LAWS (NEW).

    Senate: Reptd Fav
    Senate: Reptd Fav

H 95: TRUCK DELIVERIES TO PORT/NIGHT TRAVEL.(NEW)

    Pres. To Gov. 6/27/2017

H 98: CRIM. OFFENSE/VANDALIZE FIRE & EMS EQUIPMENT.

    Pres. To Gov. 6/27/2017

H 115: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2017.-AB

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/28/2017

H 120: NATIONAL GUARD CAN PURCHASE FROM CE.

    Pres. To Gov. 6/27/2017

H 128: PROHIBIT DRONE USE OVER PRISON/JAIL.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 135: TECHNICAL CHANGES TO COURSES OF STUDY STATUTE.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 138: REVISE GANG LAWS.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

H 140: DENTAL PLANS PROVIDER CONTRACTS/TRANSPARENCY.

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

H 149: STUDENTS W/DYSLEXIA AND DYSCALCULIA.

    Ratified
    Pres. To Gov. 6/27/2017

H 155: OMNIBUS EDUCATION LAW CHANGES (NEW).

    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 156: EYEGLASSES EXEMPTION FROM MEDICAID CAPITATION.

    Senate: Reptd Fav
    Senate: Reptd Fav

H 159: CHARTER SCHOOL TSERS ELECTION.

    Senate: Reptd Fav

H 161: DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 162: AMEND ADMINISTRATIVE PROCEDURE LAWS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 176: PENSIONS INTEGRITY ACT OF 2017.-AB

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 183: RETIREMENT ADMIN. CHANGES ACT OF 2017.-AB

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 190: LOCAL FIREFIGHTER RELIEF FUND ELIGIBILITY.

    Senate: Reptd Fav

H 192: REC. AND MUSIC THERAPY LICENSURE. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 205: WC CHANGES/LEGAL NOTICE MODERNIZATION (NEW).

    House: Withdrawn From Cal
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/28/2017
    House: Withdrawn From Cal
    House: Placed On Cal For 06/29/2017
    House: Withdrawn From Cal
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/28/2017
    House: Withdrawn From Cal
    House: Placed On Cal For 06/29/2017

H 224: WARRANT CHECK OF INMATES IN CUSTODY.

    Pres. To Gov. 6/27/2017

H 229: GSC TECHNICAL CORRECTIONS 2017.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 236: NCAOC OMNIBUS BILL.

    House: Failed Concur In S Com Sub
    House: Conf Com Appointed

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

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 248: OMBUDSMAN CHANGES & DHHS STUDY (NEW).

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 252: BUILDING CODE REGULATORY REFORM.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

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

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

H 275: NO STORMWATER FEES ON TAXIWAYS OR RUNWAYS.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 283: DHHS RECOMMEND TELEMEDICINE POLICY (New)

    Senate: Reptd Fav

H 294: UNCLAIMED PROPERTY NOTICE REQUIREMENTS.-AB

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

H 299: STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 310: WIRELESS COMMUNICATIONS INFRASTRUCTURE SITING.

    Senate: Reptd Fav

H 337: UNMANNED AIRCRAFT SYSTEMS LAW REVISIONS.

    Senate: Reptd Fav

H 343: ENFORCEMENT OF DVPO ON APPEAL.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 362: CHANGES TO THE JUVENILE CODE.-AB

    Senate: Reptd Fav

H 374: REGULATORY REFORM ACT OF 2018. (NEW)

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading

H 383: NAIC MODELS/ORSA & CREDIT FOR REINSURANCE.-AB (NEW)

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

H 384: INCREASE PENALTIES/ORGANIZED RETAIL THEFT.

    Senate: Reptd Fav

H 399: STOP IMAGES TAKEN W/O CONSENT FROM DISSEMIN.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 402: LIMIT ENV. LIABILITY FOR CERTAIN RECYCLERS.

    Senate: Reptd Fav

H 403: MEDICAID AND BEHAVIORAL HEALTH MODIFICATIONS (NEW).

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

H 434: COINS/CURRENCY/BULLION SALES TAX EXEMPTION.

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

H 436: LOCAL GOVERNMENT/REGULATORY FEES.

    Senate: Reptd Fav

H 462: BANKING LAW AMENDMENTS.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 464: REVISE SCHEDULE OF CONTROLLED SUBSTANCES.

    Senate: Reconsidered 3rd Reading
    Senate: Placed on Today's Calendar
    Senate: Amend Adopted A3
    Senate: Passed 3rd Reading
    Engrossed

H 469: REGULATION OF FULLY AUTONOMOUS VEHICLES.

    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 480: ABC PERMITS/TAX COMPLIANCE & REPORTS.

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

H 482: COUNTY COMM. ROLE IN SCHOOL BLDG ACQUISITION.

    Senate: Reptd Fav

H 486: NATIONAL GUARD EDUCATION ASSISTANCE CHANGES. (NEW)

    Senate: Amend Adopted A1
    Senate: Passed 3rd Reading
    Engrossed

H 511: GAME NIGHTS/NONPROFIT FUND-RAISER.

    Senate: Reptd Fav

H 527: RESTORE/PRESERVE CAMPUS FREE SPEECH.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 530: COUNTIES/CONDEMNATION OF UNSAFE BLDGS/LIENS.

    Senate: Reptd Fav

H 532: MODIFY UNC LABORATORY SCHOOLS.

    Ratified
    Pres. To Gov. 6/27/2017

H 548: EQUALIZE TREATMENT OF WASTEWATER PRODUCTS.

    Ratified
    Pres. To Gov. 6/27/2017

H 559: OUTDOOR HERITAGE ENHANCED.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 566: PRIVATE PROTECTIVE SERVICES CHANGES.

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 584: REAL PROP./ERROR CORRECTION & TITLE CURATIVE.

    Senate: Reptd Fav

H 589: COMPETITIVE ENERGY SOLUTIONS FOR NC. (NEW)

    Senate: Reptd Fav

H 620: UNC CAPITAL PROJECTS.

    Senate: Reptd Fav

H 651: STATE PENSION/RET. HEALTH BEN. FUND SOLVENCY.

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

H 657: IMPROVE ADULT CARE HOME REGULATION.

    Pres. To Gov. 6/27/2017

H 666: REVISE VOLUNTEER FIRE DEPARTMENT REQ'TS.

    Ratified
    Pres. To Gov. 6/27/2017

H 707: LIEN AGENT/NOTICE OF CANCELLATION.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 716: CMVS/USE OF PLATOONS.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 717: JUDICIAL ELECTIONS CHANGES. (NEW)

    House: Withdrawn From Cal
    House: Placed On Cal For 06/28/2017
    House: Withdrawn From Cal
    House: Re-ref Com On Elections and Ethics Law
    House: Withdrawn From Cal
    House: Placed On Cal For 06/28/2017
    House: Withdrawn From Cal
    House: Re-ref Com On Elections and Ethics Law
    House: Withdrawn From Cal
    House: Placed On Cal For 06/28/2017
    House: Withdrawn From Cal
    House: Re-ref Com On Elections and Ethics Law

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

    Senate: Amendment Withdrawn A1
    Senate: Amend Adopted A2
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Amend
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 740: SAR RENAME/DISPUTED COUNTY BOUNDARIES/MAPPING.

    Senate: Reptd Fav

H 770: VARIOUS CLARIFYING CHANGES (NEW).

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed
    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

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

    Senate: Reptd Fav

H 799: UTILITY BILLING BY LESSORS.

    Senate: Reptd Fav

H 924: HONOR MEGGAN LEE CALLAHAN.

    House: Adopted

S 36: CONVENTION OF THE STATES.

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary IV

S 74: UPDATE RABIES CONTROL LAWS.

    Pres. To Gov. 6/27/2017

S 82: ACHIEVING BUSINESS EFFICIENCIES (NEW).

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

S 99: APPROPRIATIONS ACT OF 2018. (NEW)

    Senate: Failed Concur In H Com Sub
    Senate: Failed Concur In H Com Sub

S 104: REQUIRE CRIMINAL BGC/PHARMACIST LICENSURE.

    Pres. To Gov. 6/27/2017

S 107: STREAMLINE DAM REMOVAL.

    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/28/2017

S 114: ANNUAL REPORT MODERNIZATION.

    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref Com On Finance
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref Com On Finance
    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

S 153: MILITARY RETIREE STATE INCOME TAX RELIEF. (NEW)

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

S 155: ABC OMNIBUS LEGISLATION. (NEW)

    House: Amend Adopted A1
    House: Amend Failed A2
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 160: HANDICAP PARKING PRIVILEGE CERTIFICATION.

    Ratified
    Pres. To Gov. 6/27/2017

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

    House: Amend Adopted A1
    House: Amendment Ruled Out of Order A2
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 196: VETERINARY PRACTICE OMNIBUS.

    Pres. To Gov. 6/27/2017

S 205: RESOLUTION TO ALLOW SAV OYSTER LEASING.

    Ratified
    Ch. Res 2017-10

S 223: EXCLUDE TIERS 1 & 2 FROM JDIG CAP (NEW).

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Finance
    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Finance
    House: Re-ref Com On Finance

S 257: APPROPRIATIONS ACT OF 2017.

    Vetoed 06/27/2017
    Senate: Placed on Today's Calendar
    Senate: Veto Overridden
    House: Veto Received From Senate
    House: Placed On Cal For 06/28/2017

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

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Ruled Material
    House: Withdrawn From Cal
    House: Placed On Cal For 06/28/2017

S 323: UNC PUBLIC RECORDS/ATHLETIC CONFERENCES.

    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Amend
    Senate: Placed On Cal For 06/28/2017

S 338: DISASTER RECOVERY ACT OF 2017. (NEW)

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

S 344: COMBINE ADULT CORRECTION & JUVENILE JUSTICE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/28/2017

S 384: CRIMINAL LAW CHANGES. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/28/2017

S 388: INCAPACITY TO PROCEED.

    Ratified
    Pres. To Gov. 6/27/2017

S 391: FERRY TRANSPORTATION AUTHORITY.

    House: Passed 2nd Reading

S 410: MARINE AQUACULTURE DEVELOPMENT ACT.

    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/28/2017

S 413: CLARIFY MOTOR VEHICLE DEALER LAWS.

    Ratified
    Pres. To Gov. 6/27/2017

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

    Ratified
    Pres. To Gov. 6/27/2017

S 419: PLANNING/DEVELOPMENT CHANGES.

    Senate: Sequential Referral To State and Local Government Stricken
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 445: EXPUNGEMENT PROCESS MODIFICATIONS.

    Ratified
    Pres. To Gov. 6/27/2017

S 448: PROFESSORS IN THE CLASSROOM.

    Pres. To Gov. 6/27/2017

S 450: UNIFORM TRUST DECANTING ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled
    Ratified

S 468: QZAB USE MODIFICATION.

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

S 469: TECHNICAL CORRECTIONS. (NEW)

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/28/2017
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/28/2017

S 489: CLARIFY WORKERS' COMP. POLICY CANCELLATION.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/28/2017

S 545: STATE NATURE AND HISTORIC PRESERVE ADDS/DELS.

    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/28/2017

S 548: STRENGTHEN HUMAN TRAFFICKING LAWS/STUDIES.

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

S 552: OMNIBUS OCCUPANCY TAXES. (NEW)

    House: Amend Adopted A1
    House: Ruled Material
    House: Placed On Cal For 06/28/2017

S 567: REFORM/CORRECT/WILLS AND TRUSTS.

    Pres. To Gov. 6/27/2017

S 569: UNIFORM POWER OF ATTORNEY ACT.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/28/2017

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

    Ratified
    Pres. To Gov. 6/27/2017

S 593: ARBITRATION AND MEDIATION FOR BUSINESS COURT.

    Pres. To Gov. 6/27/2017

S 599: EXCELLENT EDUCATORS FOR EVERY CLASSROOM.

    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/28/2017

S 600: BRITNY'S LAW: IPV HOMICIDE.

    Pres. To Gov. 6/27/2017

S 604: HOMEMADE ALCOHOLIC BEVERAGE TASTING PERMIT.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 615: NORTH CAROLINA FARM ACT OF 2017.

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Passed 2nd Reading

S 621: BUSINESS CONTRACTS/CHOICE OF LAW AND FORUM.

    Pres. To Gov. 6/27/2017

S 628: VARIOUS CHANGES TO THE REVENUE LAWS.

    House: Withdrawn From Cal
    House: Placed On Cal For 06/28/2017

S 682: BOARD OF AGRICULTURE APPOINTMENTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 683: HONOR MEGGAN LEE CALLAHAN.

    Senate: Adopted

Actions on Bills: 2017-06-27

LOCAL BILLS

H 58: CHARLOTTE FIREFIGHTERS' RETIREMENT SYSTEM.

    Senate: Reptd Fav

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

    Senate: Reptd Fav

H 272: FOX AND COYOTE TRAPPING/YADKIN COUNTIES. (NEW)

    Senate: Reptd Fav

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

    House: Concurred In S Amend SA1
    House: Ordered Enrolled

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

    Ratified
    Ch. SL 2017-52

H 378: BERTIE/GATES COUNTY/AMBULANCE SERVICE.

    Ratified
    Ch. SL 2017-53

H 385: IMPAIRED HUNTING/ORANGE COUNTY.

    Ratified
    Ch. SL 2017-54

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

    Senate: Passed 2nd Reading

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

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

H 407: CABARRUS COUNTY COMMISSIONERS REDISTRICTING.

    House: Failed 2nd Reading

H 420: ROCKINGHAM CTY TOURISM DEVELOPMENT AUTHORITY.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 426: SANFORD-LEE COUNTY AIRPORT AUTHORITY CHANGES.

    Ratified
    Ch. SL 2017-55

H 445: BRUNSWICK FIRE PROTECTION FEES.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/28/2017

H 447: LEXINGTON CITY BD. OF ED./CITY COUNCIL (NEW).

    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

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

    Ratified
    Ch. SL 2017-56

H 504: CITY OF LINCOLNTON/EVEN-YR ELECT'N/MAYOR TERM.

    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

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

    House: Concurred In S Amend SA1
    House: Ordered Enrolled

S 6: CORNELIUS ANNEXATION.

    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/28/2017

S 105: FAIRMONT VOL. ANNEX.; TROUTMAN LAND USE REG (NEW).

    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/28/2017

S 219: INDIAN BEACH ANNEX/MOREHEAD CITY CHARTER CHGS (NEW).

    Ratified
    Ch. SL 2017-51

S 253: PARTISAN ELECTIONS/CERTAIN SCHOOL BOARDS. (NEW)

    House: Conf Com Appointed

S 266: DURHAM AND WALKERTOWN ANNEXATIONS (NEW).

    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Amend
    Senate: Placed On Cal For 06/28/2017

S 285: EQUAL REPRESENTATION FOR ASHEVILLE. (NEW)

    House: Amend Failed A1
    House: Amend Failed A2
    House: Amend Failed A3
    House: Amend Adopted A4
    House: Passed 2nd Reading
    House: Withdrawn From Cal
    House: Placed On Cal For 06/29/2017

S 289: VARIOUS DEANNEXATIONS. (NEW)

    House: Passed 2nd Reading

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