United States: North Carolina General Assembly Week In Review - October 09, 2015

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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