Bill Summary for H 548 (2015-2016)

Summary date: 

Jun 28 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 548 (Public) Filed Thursday, April 2, 2015
AN ACT TO PROVIDE CONFORMING CHANGES UPON THE VOTERS' APPROVAL OF AMENDMENTS TO THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE AND FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, TO PROVIDE FOR TAXPAYER PROTECTIONS THAT ESTABLISH A STATE EMERGENCY SAVINGS RESERVE FUND, AND TO PROTECT THE RIGHT OF THE PEOPLE TO HUNT, FISH, AND HARVEST WILDLIFE.
Intro. by Stam, Bryan, Hamilton.

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Bill summary

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

Changes the long title of the act to AN ACT TO PROVIDE CONFORMING CHANGES UPON THE VOTERS' APPROVAL OF AMENDMENTS TO THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE AND FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, TO PROVIDE FOR TAXPAYER PROTECTIONS THAT ESTABLISH A STATE EMERGENCY SAVINGS RESERVE FUND, AND TO PROTECT THE RIGHT OF THE PEOPLE TO HUNT, FISH, AND HARVEST WILDLIFE.

Makes conforming change to the short title.

Deletes all provisions of the previous edition and now provides the following.

Section 1

Amends GS 40A-3(a), (b), and (b1) to restrict private condemnors and local public condemnors to exercising the power of eminent domain for a public use (was, for a public use or benefit). Amends the list of private condemnors permitted to exercise the power of eminent domain to include communication facilities (was, specified telegraphs and telephones), facilities related to the distribution of natural gas, and pipelines or mains (previously, required pipelines or mains to originate in North Carolina) for the transportation of natural gas. Also amends subsection (c) to limit takings by public entities (other public condemnors) to the exercise of eminent domain for the public use (was, public use or benefit).

Enacts a new subsection (d) to GS 40A-3 to provide that private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of the statute posses the power of eminent domain for public use, and may acquire any property for the connection of any customer(s) via purchase, gift, or condemnation.

Effective January 1, 2017, if a majority of votes are cast in favor of the amendment set out in Section 1.1 of H 3 (Eminent domain amendment to Article I of the Constitution, Omnibus Constitutional Amendments), 2015 Regular Session, and applies to takings occurring on or after that date.

Section 2

Amends GS 143C-4-2 by changing the title of the statute to Emergency Savings Reserve Fund (previously, Savings Reserve Account) and appropriation of General Fund unreserved balance.

Creates the Emergency Savings Reserve Fund, in accordance with Article XV of the North Carolina Constitution, as a reserve in the General Fund (previously, the Savings Reserve Fund, as a reserve in the General Fund). Directs the Controller to reserve to the Fund those funds designated as reserved by the General Assembly (previously, directed the Controller to reserve to the Savings Reserve Account one fourth of any unreserved fund balance, as determined on a cash basis, remaining in the General Fund at the end of each fiscal year). Makes conforming changes to subsection (b) and (c).

Amends subsection (c) to require the General Assembly and the State to accumulate and maintain a balance in the Fund equal to or greater than 12.5% of the amount reserved from the General Fund, excluding General Fund receipts, for capital and operating expenses for the prior fiscal year (previously, goal is to accumulate and maintain a balance equal to or greater than 8% of the prior year's General Fund budget).

Changes the titles of GS 142-15.4 to Savings from refinancing in general obligation bonds to be placed in the Emergency Savings Reserve Account (previously, the Savings Reserve Account) and GS 142-96 to Savings from refinancing of special indebtedness to be placed in the Emergency Savings Reserve Fund (previously, the Savings Reserve Account Fund). Makes conforming changes to the statutes to reflect the establishment of the Emergency Savings Reserve Account pursuant to GS 143C-4-2, as amended by the act.

Effective for fiscal years beginning on or after July 1, 2017, if a majority of votes are cast in favor of the amendment set out in Section 2.1 of H 3 (Taxpayer protections in proposed Article XV and amendment to Articles V and II of the Constitution, Omnibus Constitutional Amendments), 2015 Regular Session.

Section 3

Amends GS 143-239, which provides the statement of purpose of the Wildlife Resources Commission, by adding that the purpose of the Commission is to establish reasonable regulations to promote wildlife conservation and management and to preserve the future of hunting and fishing.

Effective January 1, 2017, if a majority of votes are cast in favor of the amendment set out in Section 3.1 of H 3 (Right to Hunt, Fish, and Harvest Wildlife amendment to Article I of the Constitution, Omnibus Constitutional Amendments), 2015 Regular Session.

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