North Carolina Legislative Report - September 25, 2015
September 25, 2015
The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be distributed on a weekly basis to keep you up to date on the latest legislative issues facing the state.
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On The Floor
For legislative action lookup by day, click below:
House Rules Committee
The Committee met multiple times throughout the week to address numerous bills as the General Assembly winds down for the year.
- S 513, North Carolina Farm Act of 2015, makes various changes to agricultural, transportation and environmental laws. The bill received a favorable report in Committee, passed second reading on the House floor and remains on the calendar.
- S 472, Local incentives for Historic Rehabilitation, authorizes cities and counties to make grants or loans for the rehabilitation of commercial or noncommercial historic structures, whether the structure is publicly or privately owned. S 472 received a favorable report in Committee and was approved by both chambers and presented to the Governor.
- S 195, Motor Vehicle Service Agreement Amendments, more clearly defines a motor vehicle service agreement. S 195 received a favorable report in Committee and was passed by both Chambers.
- H 272, Speakers Appointments Bill of 2015, makes various appointments to public offices on the recommendation of the Speaker of the House, President Pro Tempore of the Senate and the Minority Leader of the Senate. H 272 received a favorable report in Committee, was approved by the Senate after making additional appointments and was placed on the House calendar on September 28 for final approval.
- S 97, State Advisory Council on Indian Education, changes the composition of the State Advisory Council on Indian Education. The bill received a favorable report in Committee, was approved by both Chambers and has been presented to the Governor.
- S 371, LME/MCO Claims reporting, establishes data submission requirements for LME/MCOs; prohibits approval of a request to withdraw from a multicounty area authority until rules have been established and the Secretary has reviewed and approved the request; specifies requirements for an alternative process to appoint members of the area board, allows the Secretary to approve an appointment process that includes the constituent counties delegating appointment authority to intermediary bodies created by counties to represent regions of a multicounty area authority, and clarifies that an area board member is nonvoting if he or she is the administrator of a hospital receiving reimbursement from the LME/MCO; strengthens the approval process for salary adjustments that are above the normal allowable salary range; requires the appointment of the area director be based on the candidates recommended by a search committee, prohibits an area director from being terminated by the area authority board without 30 days prior written notice to the Secretary; removes the sunset for the pilot program to study the use of electronic supervision devices in certain facilities; requires DHHS to distribute one-twelfth of each LME/MCO's single stream allocation on or before the last working day of each month beginning with the first month of the fiscal year; and requires DHHS to develop a plan for extending Community Guide services to all individuals on the Medicaid Innovations Waiver waiting list
- S 698, Legacy Medical Care Facility/CON Exempt, provides for certain exemptions under the Certificate of Need Law. The bill received a favorable report in Committee and was placed on the House calendar for September 28.
- S 391, County Omnibus Legislation, reestablishes the State Payment in Lieu of Taxes Study Commission, directs the Environmental Review Commission to study statewide approaches to control invasive aquatic noxious weeds, directs the Revenue Laws Study Committee to study the financial impacts on local governments of exempting previously taxable properties from the property tax base when acquired by nonprofits, and clarifies requirements on local governments for deposit of public money and to eliminate unintentional non-compliance or waste.
- S 258, provides that vacancies in the office of sheriff in Washington County be filled by the person recommended by the executive committee of the political party of the vacating member. The bill received a favorable report in Committee and was approved unanimously on the House Floor.
- S 159, Corrected Reval./Minimal Refunds/Prop. Taxes., clarifies the process by which undervalued property is to be taxed under S.L. 2013-362, and authorizes local governments to not mail minimal property tax refunds. S 159 received a favorable report in Committee and was approved unanimously on the House Floor.
- S 813, Results First Framework, authorizes the Office of State Budget and Management to participate in the Pew-MacArthur Results First Initiative and direct the Office to develop a framework for providing uniform, program-level accountability information in state government. The bill would also require state agencies and certain no-state entities to develop, implement, and maintain information systems that provide program-level accountability information regarding the programs operated by those agencies or entities. The bill received a favorable report in Committee and was approved unanimously on the House Floor.
Senate Finance Committee
The Committee met twice this week. On Monday, September 21, the Committee passed eight bills.
- H 679, UNC Self-Liquidating Projects, would authorize the acquisition or construction and the financing of certain capital improvements projects of the constituent institutions of the University of North Carolina.
- H 531, Authorize Wayne County Occupancy Tax, would authorize Wayne County and the City of Sanford to levy a room occupancy tax; to authorize Moore County to levy an additional three percent room occupancy tax; to create a special taxing district made up of all areas in Harnett County exclusive of the Averasboro township and to authorize that special taxing district to levy a six percent room occupancy tax; and to make changes to the Cumberland County occupancy tax and prepared food tax.
- H 526, Town of Norwood/Deannexation, would deannex certain described property from the City of Locust and annex that same described property into the Town of Stanfield.
- H 698, Baby Carlie Nugent Bill, would direct the Commission for Public Health to adopt rules to add a screening test for severe combined immunodeficiency and other T-Cell Lymphopenias to the Newborn Screening Program.
- H 912, Taxation of Tribal Land and Tobacco Products, would exempt real and personal property located on tribal lands from property tax regardless of ownership; authorize the Department of Revenue to enter into an agreement with the Eastern Band of Cherokee Indians regarding the taxation of tobacco products; and amend the requirements for distillery permit holders to sell spirituous liquor distilled on premises to visitors of the distillery.
- H 850, Eastern Band of Cherokees/Law Enforcement, would provide authority for the Eastern Band of Cherokee Indians to establish a police department, a tribal alcohol law enforcement division, a natural resources law enforcement agency and a probation and parole agency.
- S 647, Amend Trapping Law, seeks to amend the trapping law relating to conibear type traps.
- H 539, Charter School Funding, would provide for damages when funds are not transferred within required time lines between local school administrative units and charter schools and modify charter school funding and the uniform budget format for local school administrative units.
On Tuesday, September 22, the Committee approved two bills. H 943, Connect NC Bond Act of 2015, seeks to authorize the issuance of general obligation bonds for the purpose of accomplishing certain interrelated and united projects to further economic development in the state consistent with the Connect NC plan. H 730, Next Generation 911, would create a Next Generation 911 Reserve Fund to implement Next Generation 911; require PSAPS to implement Next Generation 911; authorize the 911 Board to establish purchasing agreements for statewide procurement; and update the 911 statutes to include new technology.
House Finance Committee
The House Finance Committee met on Wednesday, September 23, and approved two bills. S 605, Various Changes to the Revenue Laws, seeks to make various changes to the revenue laws. S 513, NC Farm Act of 2015, seeks to provide regulatory relief to the agricultural community of North Carolina by providing for various transportation and environmental reforms and by making various other statutory changes.
Senate Rules Committee
The Senate Rules Committee met on Wednesday, September 23, and approved eight bills.
- H 318, Protect North Carolina Workers Act, would require E-Verify compliance in certain governmental contracts; provide that certain consulate or embassy documents may not be used to determine a person’s identification or residence for governmental and law enforcement purposes; prohibit adoption of sanctuary city ordinances; and prohibit the Department of Health and Human Services from seeking certain waivers.
- H 8, Court of Appeals Election Modifications, would create open judicial elections with party designations for the court of appeals.
- H 272, Appointments Bill 2015, would appoint persons to various public offices upon the recommendation of the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Minority Leader of the Senate.
- H 488, Central Carolina CC/Bd. Of Trustees, seeks to clarify the appointments to the Board of Trustees of Central Carolina Community College.
- H 924, Highway Safety/Other Changes, would clarify when a law enforcement officer is required to request a blood sample when charging the offense of a misdemeanor death by vehicle, clarify the law governing prohibited use of red and blue lights, repeal certain mandatory reporting regarding pseudoephedrine products, clarify the subpoena authority of the director of the SBI, provide for upset bids for leases of mineral deposits on state lands, increase the cost limit on work that can be performed by Governmental Force Account Labor, and repeal the Donate Life NC Matching Funds requirement.
- H 297, End Marketing/Sale Unborn Children Body Parts, would require informed consent for the donation of the remains of an unborn child; prohibit the sale of any aborted or miscarried material or remains of an unborn child resulting from an abortion or miscarriage; and limit the use of state funds for contracts pertaining to teen pregnancy prevention initiatives and projects.
- H 436, Unauthorized Practice of Law Changes, seeks to further define the term “practice law” for the purpose of protecting members of the public from serious harm resulting from the unauthorized practice of law by a person who is not a trained and licensed attorney.
- SJR 721, Adjournment Resolution, a joint resolution adjourning the 2015 regular session of the General Assembly to a date certain and limiting the matters that may be considered upon reconvening.
In The News
Raleigh News & Observer: End of session finally in sight for lawmakers
Raleigh News & Observer: NC legislature sets all 2016 primaries for March 15
Raleigh News & Observer: McCrory signs Medicaid privatization bill
Raleigh News & Observer: Jobs incentives bill heads to Gov. Pat McCrory
Raleigh News & Observer: NC Senate OKs $2 billion bond vote
Mon, September 28, 2015
Session Convenes (Senate)
GSC Technical Corrections 2015. (S119)
Session Convenes (House)
Agenda: Supplemental Insurance Benefits, State Vehicles