North Carolina General Assembly Week In Review - October 09, 2015 - Constitutional & Administrative Law

Member Announcements

On the last day of session last week, Rep. Paul "Skip" Stam (R-Wake), announced on the floor of the House that he would not seek re-election to his seat in the NC House in 2016. Rep. Stam has served 8 terms in the NC House and is currently Speaker Pro Tempore.

This week, Rep. Brian Brown (R-Pitt) resigned from his seat in the NC House to become US Senator Thom Tillis's (R-NC) eastern regional representative. Rep. Brown was in his second term as a House member.

Governor Signs Property Tax Bill

Last Friday, the Governor signed SB 159, Corrected Revaluations/Minimal Property Tax Refunds. The bill requires owners of record for corrected revaluations to pay additional taxes. The bill also gives local governments the option to adopt by resolution a policy to not mail a refund of less than $15.00 in overpayment of taxes to the taxpayer. The local government may apply the refund as a credit against the tax liability of the taxpayer for the following year, unless the taxpayer requests the refund in person at the local government tax office before the end of the fiscal year in which the refund is due.

After the General Assembly's adjournment last Wednesday, the Governor has 30 days to act on a bill and is required to reconvene the General Assembly if a bill is vetoed. There are several bills still, passed last week that are currently in front of Governor McCrory.

Read SB 159 here.

Program Evaluation Oversight Committee

The Joint Legislative Program Evaluation Oversight Committee met on Wednesday, October 7th. The committee heard presentations on unfunded actuarial liability and centralizing management of the State Employee Supplemental Insurance Benefits.

Mrs. Kiernan McGorty, NCGA Program Evaluation Oversight staff member, reported on the Unfunded Actuarial Liability. Mrs. McGorty reported that NC ranks 41 ^st in unfunded liability per state resident and noted six options to reduce the State's unfunded liability. The committee accepted Mrs. McGorty's report and directed staff to present recommended legislation to the committee.

See brief Summary here.
See Final Report here.
See Executive Summary here.
See Presentation here. See slides here.

Mr. Jeff Grimes reported on the management of the State Employee Supplemental Insurance Benefits. Mr. Grimes recommended centralizing the management of the State Employee Supplemental Insurance Benefits under one committee that would oversee the transition and implementation of the centralization. The committee voted to defer action on the report to the committee's next meeting.

See brief Summary here.
See Final Report here.
See Executive Summary here.
See Recommendations here.
See Presentation here. See slides here.

The committee will meet again on October 21, 2015.

Week in Review: Spotlight Series

Over the next several weeks the Week in Review will feature a series of spotlights on specific topics, including Agriculture & Natural Resources, Children Youth and Families, Economic Development, Education, Finance, General/Local Government, Health and Human Services, and Transportation. The spotlight will include an examination of legislation passed and presented during the 2015 "Long" Session, as well as a brief discussion of specific legislation to watch for during the 2016 "Short" Session.

Eligible Crossover Bills

Senate Joint Resolution (SJR) 721, Adjournment Resolution, passed by the General Assembly last week, sets April 25, 2016 as the date the General Assembly will reconvene next year. The 2016 session is referred to as the "short" session because it does not begin until May. This past session, the 2015 session, is referred to as the "long" session, because it begins in January.

SJR 721 authorizes bills that made crossover, those bills that have passed third reading in the chamber the bill was introduced and were received in the other chamber, to be heard during the 2016 short session, unless the bill was tabled, given an unfavorable report, indefinitely postponed, or failed any reading. Bills that are not subject to the crossover deadline that also may be considered during the 2016 "short" session include: appropriations bills, bills with any financial component, bills amending the NC constitution, bills recommending studies, bills with recommendations from commissions or committees, local bills, and bills vetoed and returned by the Governor.

Below please find a list of bills that successfully made the "crossover" deadline and are eligible for consideration during the 2016 "short" Session, per SJR 721. This is may not include other finance or appropriation bills that are also eligible for the 2016 "short" session.

Agriculture & Natural Resources

H378, Amend Criteria/Certain Ag. Cost-Share Pgms.
Senate Agriculture/Environment/Natural Resources
H456, Clarify Weight Limits/Ag. Vehicles
Senate Agriculture/Environment/Natural Resources

Children, Youth and Families

H12, Amend Gaston Foster Care Ombudsman Prog.
Senate Rules
H298=S488, Amend Uniform Interstate Family Support Act
Senate Rules
H407=S423, Foster Care Family Act
Senate Rules
H408, Adoption/Post-Adoption Services Study Comm.
Senate Rules
H817, Enact Uniform law on Adult Guardianship
Senate Rules
H896, Forcible Entry Into Car/Child Trapped Inside
Senate Rules
S343, Student Assault on Teacher/Felony Offense
House Children, Youth, and Families
S368, DOD-Certified Child Care & State Subsidy
House Appropriations
S652, Prohibit Re-Homing of an Adopted Minor Child
House Judiciary III

Economic Development & Taxes

H152=S287, New Historic Preservation Tax Credit

Senate Ways & Means

H302, Strengthen Oyster Industry
Senate Rules
H780, Study/Economic Impact of Jones Act on NC
Senate Rules
S326, Increase JDIG Program Funding
House Finance
S327, Allow Prize-Linked Savings Accounts
House Commerce and Job Development

Education

K-12

H29, Technical Changes to Courses of Study Statute
Senate Rules
H35, Education Innovation Task Force
Senate Rules
H138, Arts Education Requirement
Senate Rules
H164, School Calendar Flexibility
Senate Ways & Means
H216, Great Leaders for Great Schools/Study
Senate Rules

H238, Duty-Free Time/Lunch for Teachers
Senate Rules
H248, Eliminate NC Final Exam
Senate Rules
H380, Statewide School Safety Management
Senate Rules
H439=S530, Competency-Based Assessments
Senate Rules
H474, Healthy Out-of-School Recognition Program
Senate Rules

H539, Charter School Funding
House Rules (On Concurrence)

H559, Testing Feedback for Students/Teachers
Senate Rules
H561, School System Auth. Re: Legal Proceedings
Conference Committee Appointed
H581, Computer Coding Course Elective
Senate Rules
H632=S534, Study Student Online Data Privacy
Senate Rules
H660, Transition to Personalized Digital Learning
Senate Rules
H661, Teacher Recruitment and Scholarships,
Senate Ways & Means
H687, Public Schools/Testing Schedule
Senate Ways & Means
H673, Modify Read to Achieve
Senate Ways & Means
H687, Public Schools/Testing Schedule
Senate Ways & Means

H803, School Performance Scores
Senate Ways & Means
H902, Transforming Principal Preparation
Senate Rules
S95, Performance-Based RIF/School Policy
House Rules
S176=H181, Charter School Grade Level Expansion
House K-12
S211, Damages for Late Payment of Monies/Charters
House Judiciary I
S330, Changer Orders on School Construction Projects
House Local Government
S456, Charter School Modifications
House Appropriations
S503, Sex Offense With Student/Charter Schools
House Judiciary III
S561, Funds for Special Education Scholarships
Senate Rules (On Concurrence)

Community Colleges

H244, Community Corr./Interstate Compact/Fund-AB
Senate Judiciary I
H754, Community College Remediation Pilot Project
Senate Rules
H860, Limit Soldiers' CC Tuition
Senate Rules

Universities

H162, Sudden Cardiac Arrest Education/Students
Senate Education/Higher Education
H657, Study UNC-Fixed Tuition
Senate Rules
H884=H323, Reinstate Setoff Debt Collection/UNC Health
Senate Finance
S536, Students Know Before You Go
House Education-Universities

Environment

H332=S628, Energy Policy Amendments
Senate Finance
H571, Implement Clean Power Plan
House Rules (On Concurrence)
H593, Amend Environmental Laws-3
Senate Agriculture/Environment/Natural Resources
H630, Alternative WQ Protection for Falls Lake
Senate Rules
H708, Preservation of Historic/Heritage Trees
Senate Ways & means
H763, Task Force on Regulatory Reform
Senate Rules
H777, Exempt Isolation Float Tanks from Pool Laws
Senate Judiciary I
S303, Protect Safety/Well-Being of NC Citizens
House Rules

Finance

H81, Expand 1%/$80 Rate for Mill Machinery
Senate Finance
H106, Amend Banking Commission Membership
Senate Commerce
H151, Property Insurance Rate-Making Reform
Senate Rules
H496=S428, Surcharge Transparency
Senate Insurance
H809=S582, Third-Party Premium Payments
Senate Insurance
S19=H41, Revenue Laws Technical Changes
House Finance
S120=H196, DOI License Processing Fees
House Judiciary IV

General/Local Government

H3, Eminent Domain
Senate Rules
H43=S8, Winston-Salem/Parking Meters
Senate Rules
H56=S6, State Health Plan/Rehired Retiree Eligibility
Senate Insurance
H74, Study MPO/RPO Oversight
Senate Rules
H108, Site and Building Development Fund
Senate Rules
H111, Stanly Co. Bd. Of Ed. Recall
Senate Rules
H122, Add Counties/Towns/Cities-State Health Plan
Senate Insurance Committee
H141, Stormwater/Flood Control Activities
Senate Rules
H156=S129, Legal Notice/Require Internet Publication
Senate Rules
H161, Adopt State Cat
Senate Rules
H196=S120, DOI License Processing Fee
Senate Rules
H283=S161, Supreme Court Sessions in Morganton
Senate Judiciary I
H311, ABC Store Election/Town of Leland
Senate Rules
H345, Currituck County/Remove Abandoned Vessels
Senate Local Government
H349, Develop Broadband Connectivity Plan
Senate Rules
H370, Certain Local Govts in State Health Plan
Senate Pensions & Retirement and Aging
H392, Fayetteville Charter/PWC Changes
Senate Judiciary I
H388, Dare County Local Option Sales Tax
Senate Rules
H401, Authorize Data Sharing for NCLDS
Senate Information Technology
H402, Study Municipal Elections in Even Years
Senate Rules
H421, Fill Vacancy on Bd of Comm by Party/Chatham
Senate Rules
H469, Sunset Beach/Parking Meter Proceeds
Senate Finance
H477=S516, LEO Privacy Protection
Senate Judiciary II
H483, Land-Use Regulatory Changes
Senate Rules
H502, Create Chain of Survival Task Force
Senate Rules
H548, Zoning/Modernize & Reorganize
Senate Rules
H591, Cities/Public Trust Areas
Senate Agriculture/Environment/Natural Resources
H613, Clarify Signs on Highways and Roads
Senate Rules
H616, Local Government Employees' Retire. COLA
Senate Rules
H633, Occ.Lic./Professional Designation-Appraisers
Senate Rules
H667, Study Athletic Trainer/Health Coverage Option
Senate Rules
H693, Add Towns to State Health Plan
Senate Pensions & Retirement and Aging
H742, Clarify PE Licensure
Senate Rules
H779, IT Procurement/Promote Competition
Senate Rules
H826, Study Repeal of Second Primaries
Senate Redistricting
S36, Greensboro City Council Changes
House Elections
S46, Jacksonville Occupancy Tax
House Local Government
S53=H44, Cities/Overgrown Vegetation Notice
House Local Government
S71, Stagger RRC Member Terms, House RulesS53=H44, Cities/Overgrown Vegetation Notice
House Local Government
S101, Omnibus Local Act
Senate Rules (On Concurrence)
S127, Personal Services Contracts/PED
House Appropriations
S132, Carteret Fox Trapping
House Rules
S247=H199, Raleigh/Donate Service Animals to Officers
House Local Government
S248=H337, Town of Cary/Release Unneeded Easements
House Rules
S249=H322, Zoning/Recreational Land Req.-Morrisville
House Rules
S255, Durham Voluntary Annexation Petitions
House Rules
S330, Changer Orders on School Construction Projects
House Local Government
S359, Promote NC-Thinks
House State Personnel
S391, County Omnibus Legislation
Senate Rules (On Concurrence)
S419, Limit Revolving Door Employment
House State Personnel
S480, Uniform Political Activity/Employees
House Rules

Health & Human Services

H20=S27, Rural Access to Health Care Act
House Rules (On Concurrence)
H56=S6, State Health Plan/Rehired Retiree Eligibility
Senate Insurance
H122, Add Counties/Towns/Cities-State Health Plan
Senate Insurance Committee
H135=S190, Modernize Physical Therapy Practice
Senate Rules
H281, Records to Medical Examiner
Senate Health
H286, Dental Hygienists/Intraoral Local Anesthetics
Senate Rules
H306=S390, NC Cancer Treatment Fairness
Senate Rules
H370, Certain Local Govts in State Health Plan
Senate Pensions & Retirement and Aging
H429, Amend Med. Mal. Health Care Provider Defin.
Senate Rules
H474, Healthy Out-of-School Recognition Program
Senate Rules
H528, Establish Chiropractor Co-Pay Parity
Senate Rules
H543, Amend Laws Pertaining to NC Medical Board
Senate Rules
H667, Study Athletic Trainer/Health Coverage Option
Senate Rules
H683, Occup. Therapy/Choice of Provider
Senate Rules
H693, Add Towns to State Health Plan
Senate Pensions & Retirement and Aging
H729, Standards for Chiropractic Peer Review
Senate Rules
H746, LME/MCO Board Amendments
Senate Health Care
H747, Electronic Supervision Waiver
Senate Health Care
H796, Modernize Dietetics/Nutrition Practice Act
Senate Rules
H816, Study the Needs of Working Caregivers
Senate Rules
H842, Medicaid Waiver Protections/Military Families
Senate Rules
H847, Parental Rights and Med. Treatment of Minors
Senate Judiciary II
H925, Require Hospitals to Offer Influenza Vaccine
Senate Rules
S6=H56, State Health Plan/Rehired Retiree Eligibility
House State Personnel
S371, LME/MCO Claims Reporting/Mental Health Amends
Senate for Concurrence
S522, Raise Awareness of Lupus
House Health
S598, Substance-Exposed Newborns Protection Plans
House Children, Youth, and Families

Transportation

H4, Clarify Unmanned Aircraft System Law
Senate Agriculture/Environment/Natural Resources
H136, Speed Limit/Highway Work Zone
Senate Rules
H183, Repeal Map Act
Senate Transportation
H256, Handicapped Parking/Veterans Plate
Senate Transportation
H464, Regional Transportation Authority Revisions
Senate Transportation
H476=S443, Drivers License Donation/Donate Life NC
Senate Finance
H478, Brunswick Cty/Navigable Waters
Senate Transportation
H479, Auto Salvage Dealer Protection Act
Senate Judiciary II
H482, Employee Misclassification Reform
House Rules (On Concurrence)
H496=S428, Surcharge Transparency
Senate Insurance
H523, Drivers License Designation/American Indian
Senate Transportation
H532, WC Truck Driver Status
House Rules (On Concurrence)
H550, Clarify Dealer Plate Requirements
Senate Transportation
H551, DOT Sales of Unused Property
Senate Transportation
H564, Exempt Motorcoach Manufacturer & Distributor
Senate Rules
H567, NC Aircraft Repair Act
Senate Rules
H569, Rural County Dev. Funds for Road Const.
Senate Transportation
H594, Clarify Sale of Antique & Specialty Vehicles
Senate Transportation
H711=H753, Prohibit Counterfeit/Nonfunctional Air Bags
Senate Rules
S188, Adjust Cap on Turnpike Projects
House Transportation
S239=H350, Restore Driving Privileges/Competency
House Transportation
S382, RFI/Privatization of Ferry System
House Transportation
S383, Study/Fund Improvements/Interstate Hwys.
House Rules
S600, Study/Autonomous Vehicles-AB
House Rules
S668, Auto Insurance/Allow Optional Enhancements
House Insurance
S673=H800, Clarify Motor Vehicle Dealer Laws
House Commerce and Job Development
S674, Truck Dealer Cost Reimbursement
House Judiciary I

Other Areas

H7, Amend Firearm Restoration Law
Senate Judiciary II
H31=S308, 0.00 Alcohol Restriction-All DWI
Senate Judiciary I
H32=S309, Amend Habitual DWI
Senate Judiciary I
H50, Amend Mand. Retire. Age/Judges & Magistrates
Senate Rules
H95, Tribal Alcoholic Beverage Control
Senate Commerce
H100, Record Excusals from Jury Duty
Senate Redistricting
H159, Dog Breed Stds./Law Enforcement Tools
Senate Redistricting
H211, Expand Use of Toxicology Funds
Senate Appropriations/Base Budget
H235, Godwin/Repeal Spirituous Liquors Ban
Senate Commerce
H242, White Collar Investigation
Senate Rules
H253, Justice Reinvestment Act Changes-AB
Senate Rules
H290, Prohibit Powered Alcohol
Senate Rules
H303=S709, Dispute Resolution Amendments
Senate Appropriations
H355, Evidence Passed Vehicle is a School Bus
Senate Rules
H357, Toxicology Reports/District Court
Senate Judiciary II
H375=S460, Real Property/Error Correction & Title Curative
Senate Rules
H422, Amend Funeral Procession Law
Senate Rules
H436, Unauthorized Practice of Law Changes
House Judiciary I (On Concurrence)
H457, Elections Changes
Senate Rules
H460, Reporting Animal Incidents
Senate Rules
H554, Protect Public from Dangerous Wild Animals
Senate Rules
H565, Threaten LEO or Correction Officer
Senate Rules
H598, Revise Rule 11/Allow Cure Before Sanctions
Senate Rules
H626, Amend Prop. Damage Offenses
Senate Judiciary I
H631, Notice Before Automatic Contract Renewal
Senate Rules
H641, Amend Bail Bondsmen Statutes
Senate Rules
H643, Roofing Contractors/Consumer Protection
Senate Rules
H649, Amend Corp. Gov/Shareholder Derivative Suits
Senate Rules
H678, Amend Innocence Commission Statues
Senate Rules
H696, Debts to Judgment Debtors/Pay to Sheriff
Senate Rules
H703, Cont. Task Force/Fraud Against Older Adults
Senate Rules
H713, Body & Dash Cam Recording/Public Access
Senate Rules
H736, NC Am. Indian Hunting/Fishing Rights
Senate Rules
H739, Repeal Business License Fees
Senate Rules
H740=H722, Allison's Law/GPS Tracking Pilot Prog/Dom Vio.
Senate Rules
H793, Privacy/Up Secret Peeping Punishment
Senate Rules
H794, Protection from Online Impersonation
Senate Rules
H804, Kelsey Smith Act
Senate Rules
H811, Law Enforcement Body-Worn Camera/Study
Senate Rules
H824, Concealed Handgun Permit/Admin. Law Judge
Senate Rules
H870, Cert. of Title/Manuf. Home Changes
Senate Rules
H880, Detain Respondents for First Examinations
Senate Rules
H881, Landlord/Tenant-Alias & Pluries Summary Eject
Senate Rules
S29, DOB Redaction Requests for Public Documents
House Rules
S89, Disqualification Notice/Pistol Sale Permit
House Rules
S105, Include No. Veterans Employed/Annual Report
House Homeland Security, Military, and Veterans Affairs
S124, Modernize Assumed Business Name Statutes
House Judiciary II
S269, Landlord/Tenant-Alias & Pluries Summary Eject.
House Judiciary II
S288, Amend Laws Regarding Mental Commitment Bars
House Rules
S298=H536, School Bus Cameras/Civil Penalties
House Appropriations
S363=H440, Expand Outdoor Food Service at Public Events
House Rules
S378, Increase Punishment/Misd. Death by Vehicle
Conference Committee Appointed
S435, Business Court Amendment
House Judiciary I
S482, LLC Act Clarification
House Commerce and Job Development
S491, Manufactured Home Purchase Agreement Change
House Judiciary IV
S508, Amend Bail Bond Laws
House Rules
S566, Disposition of Minimal Property Tax Refunds
House Judiciary IV
S570=H650, Expunction/Boat Violation
House Finance
S661, Private Labs Must Comply with CODIS
House Rules
S667=H361, Principal-Based Reserving
House Judiciary I

Read SJR 721 here.

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