Legislators returned to Raleigh this week after taking a brief fall break. Both chambers held votes Tuesday and Wednesday.
In a press conference Tuesday, Senate President Pro Tem Phil Berger announced the Senate’s plan for the next month. Senator Berger said that the Senate will adjourn by October 31, regardless of any bills left unfinished. He indicated that they may adjourn sooner if a budget becomes law. Senator Berger was hopeful that he would have some Democrats vote to override Governor Cooper’s budget veto, but stated that a compromise budget with broad support is the preferred option. Senator Berger was very critical of the Governor, claiming that he had bullied and intimidated Senate Democrats into supporting his veto. Cooper denies the claims. Senator Berger announced that the Senate could wait to take up the veto override vote after the candidate filing period, which would allow members to vote for the override without fear of a primary challenger as retaliation.
WRAL: https://www.wral.com/cooper-accused-of-threatening-senate-democrats-over-budget-veto/18670092/
Raise the Age Funding
The House moved HB 1001 though their chamber this week. The bill deals with a 2017 law that raises the age for individuals to be tried as juveniles to include 16 and 17 year olds. The bill increases the number of assistant district attorneys and adjusts the number of district court judges. The bill also appropriates funds to the Administrative Office of the Courts (AOC), the Office of Indigent Defense Services (IDS), and the Department of Public Safety (DPS) to deal with the extra administrative costs associated with the 2017 law. The bill is now in the Senate.
Real Property Donation Tax Credit
The House approved legislation to create an individual and corporate tax credit for land donated to the State, a local government, or charity. The credit is equal to 25% of the value of the land. For corporate income tax liabilities, the tax credit is capped at $500,000 a year and can be carried forward for five years. Individuals using the tax credit can earn a maximum of $250,000 ($500,000 for a joint return) in credits and can also carry credits forward for five years. The bill’s effective date is January 1, 2020, but has a sunset of January 1, 2024. The bill passed the House unanimously and will now head to the Senate.
Senate Passes Mini Budgets
The Senate passed two additional mini budget bills this week. The first, House Bill 100, appropriates money to the Department of Transportation (DOT) and sets the appropriations from the Highway Fund. The funding levels are the same as what was contained in the budget passed by the legislature earlier this year and vetoed by Governor Cooper. The bill revises funding levels to reflect the jet fuel tax credit not being extended, but contains contingency language in case the tax credit is reinstated. The bill does not address the current cash flow shortage at DOT that is halting nearly 900 projects across the State and threatening close to 1,000 temporary workers’ jobs.
The Senate also approved House Bill 387, which is aimed at expanding access to broadband in rural areas. The bill makes changes to the Growing Rural Economies with Access to Technology (GREAT) program. The bill appropriates $15 million to be used as matching grants for companies to expand broadband access. The bill expands the GREAT program to tier two counties in 2020, but limits them from receiving more than a third of the money granted. In 2021, that limit increases to one half. The bill passed the Senate unanimously and has been sent to the House.
WRAL: https://www.wral.com/dot-funding-proposal-won-t-address-cash-crunch/18672918/
UNC System Board Chairman
The UNC System Board of Governors selected Randy Ramsey to be their new chairman after Harry Smith resigned his chairmanship position. Smith cited the need to focus more time on his business as reason for his resignation. Smith will continue to serve on the board. Interim UNC System President Dr. Bill Roper also announced this week that he would be leaving next June. The Board will continue its search for a permanent president.
WRAL: https://www.wral.com/unc-board-selects-new-chairman-to-replace-harry-smith/18669637/
Alcohol Legislation Update
This legislative session has seen numerous laws enacted affecting alcohol sales. Below are several bills with short summaries.
- House Bill 389 allows public colleges and universities to allow alcohol sales at their athletic stadiums and events if their board of trustees approves it.
- Senate Bill 11 strengthens the ABC Commission’s power to enforce alcohol laws and increases the Commission’s oversight authority for permit holders.
- Senate Bill 290 allows distillery permit holders to obtain onsite permits for consumption, allows ABC stores to do special orders, removes restrictions on distilleries for selling alcohol for off-premises consumption, allows distilleries to issue purchase transportation permits to allow individuals to transport large quantities of alcohol, allows liquor tastings at ABC stores, allows retail permit holders to sell private label brands, spells out that a contract brewery is responsible for all aspects associated with manufacturing the product, allows beverage tastings at farmers markets, allows holders of on-premises and off-premises permits to transfer those permits to other establishments owned by the permit holder, increases the allowed discount on beer and wine from 25% to 35%, defines "premises" to include all areas inside or outside of a location that are under control of the permittee, authorizes the sale of more than one drink at a time at certain locations, allows alcohol consumption at bingo games, exempts breweries that do not serve food from food safety codes, limits the creation of new ABC boards, requires ABC boards to accept electronic payments from permit holders, allows alcohol consumption in the common area of a multi-tenant establishment, creates a delivery service permit, allows breweries to sell beverages in areas regardless of a malt beverage election, repeals the purchase-transportation permit requirement when transporting to a mixed beverage permittee, requires the ABC Commission to make quarterly reports to the legislature, allows ABC boards to use employees or contracted employees to deliver spirituous liquor purchased by a mixed beverage permittee, and directs the Program Evaluation Division (PED) to study the actions of the ABC Commission for violations of the law.
- House Bill 363 allows breweries that sell less than 100,000 barrels to self-distribute up to 50,000 barrels to unaffiliated businesses.
- House Bill 130 allows nonprofit organizations and trade associations to hold “game nights” where alcohol is served.
2019 Session Laws
The following 227 bills have become law this session:
- SB 7: Bipartisan Ethics Appointments
- SB 75: Restore Ct. of Appeals Membership
- SB 77: Ag Disaster Fund/Certain Counties
- SB 214: Ensure Orderly 2019 Elections
- SB 12: Fill Certain Vacancies/Alexander & Burke Co.
- SB 56: Revenue Laws Technical Changes
- SB 4: Extend Terms of 2 Members/Coastal Carolina CC
- SB 272: Zoning for University Facilities-Durham
- SB 6: Dare County/CC Construction Funds
- SB 162: Loan Origination/Late Payment Charge Changes
- HB 263: Fill Vacancies/Modify 2018 Appointments
- SB 63: City of Kannapolis/Annexation
- HB 130: Allow Game Nights
- SB 505: Rural Job Retention Act
- SB 605: Highway Storm Recovery Act
- HB 1014: 2020 Census VTD Verification Program
- SB 310: Electric Co-Op Rural Broadband Services
- HB 363: Craft Beer Distribution & Modernization Act
- HB 233: State Auditor/Local Finance Officer Amends
- HB 532: DNCR Add New Trails & Various Changes
- HB 388: Immunizing Pharmacists
- HB 646: ID Approval/Flex Muni One-Stop
- HB 70: Delay NC HealthConnex for Certain Providers
- HB 9: Bessemer City Charter Amendment
- HB 201: Randolph Co. Register of Deeds Tax Cert
- SB 252: Dental Bill of Rights
- SB 138: Even-Yr Municipal Elections/Town of Black Mtn.
- SB 139: Even-Yr. Municipal Elections/Town of Montreat
- HB 336: Extend Suspension of Spencer Mountain
- SB 235: Franklin/Nash Municipalities/Unfit Dwellings
- SB 30 Stanly CC/Contracting Date Extension
- SB 381: Reconstitute/Clarify Boards and Commissions
- HB 301: CIP Revisions/Juvenile Code
- HB 179: Mini-Truck Classification
- HB 131: Repeal Map Act
- HB 82: Railroad Crossings/On-Track Equipment
- SB 648: Support Shellfish Aquaculture
- SB 448: Amend Appt For Compact on Education/Military
- SB 255: State Board Construction Contract Claim
- SB 151: Break or Enter Pharmacy/Increase Penalty
- HB 617: Allow Repeat Referral to Teen Court
- HB 578: Modify Legitimations Provisions
- HB 548: Modify Physical Therapy Definition
- HB 383: Topsail Beach Charter/Board Vacancies
- HB 1016: UNC Boards of Trustees Appointments
- HB 1017: Special Master Wake House Plan
- HB 415: Photos of Juveniles/Show-Ups
- SB 148: Public Records/Release of LEO Recordings
- SB 11: ABC Regulation and Reform
- SB 466: EDPNC Modifications
- HB 57: Create Term for Public Schs. & Codify NCVPS
- HB 389: ABC/Univ Athletic Facility
- HB 531: Tenants at Foreclosure Act Restored
- HB 658: Allow Donations of Unexpired Drugs
- HB 664: myFutureNC/Postsecondary Attainment Goal
- HB 432: Water/Sewer to Contiguous Dwelling Units
- HB 219: NAIC Accreditation Amendments.-AB
- SB 80: China Grove Satellite Annexation
- SB 242: Recreational Land Fee Changes
- SB 227: TP3/Principal Fellows Consolidation
- SB 84: Walkertown Zoning Authorizations
- SB 262: Union/Prohibit Certain Hunting Acts
- SB 674: Surry Co./Mt. Airy/Elkin City/Bd. Ed Partisan
- HB 15: Lexington/Dissolve Utilities Commission
- HB 240: Albemarle/City Labor for Business Ctr
- HB 299: Henderson City/Build Community College Bldgs
- HB 6: Burlington Airport/Lease/Contract Authority
- SB 225: Repeal Tuition Surcharge
- HB 537: Hwy Use Tax Vehicle Subscriptions
- HB 934: Right to Try Adult Stem Cell Treatments
- SB 219: Modify Teacher Licensing Requirements
- SB 55: Continuing Education for General Contractors
- SB 483: Vacation Rental Act Changes
- SB 610: Authorize Northern Peaks Trail
- SB 95: Veterans Memorial Funds/Do Not Revert
- SB 556: GSC People First Language 2019
- SB 529: Fees/Returned Checks
- SB 88: Electrician Requirements for Certain Orgs
- SB 313: Guar. to Streamline Afford. Housing
- SB 127: Protect Governmental Accountability
- HB 656: Medicaid Changes for Transformation
- HB 924: Teacher Contract Changes
- HB 474: Death by Distribution
- HB 67: Road Barrier Prohibition
- HB 310: Clarify Insurance Prod'r Crim. Bckgrd Check
- HB 812: Nutrient Offset Amendments
- HB 886: Study Participation of Operators in NC Pre-K
- HB 529: Utilities/Water and Wastewater Consumption
- HB 917: Emergency Declaration/Clarify Rd Closure
- HB 747: NC Missing Person Information Sharing
- HB 770: Freedom to Work/OLB Reform
- HB 871: Fair Contracts
- HB 4: Claremont Deannexation
- HB 52: Wrightsville Beach Local Act Amendment
- HB 204: Town of Beaufort/Annexation
- HB 349: Wilkes County Fire Tax-Procedure
- HB 489: Lincolnton-Lincoln County Airport Authority
- HB 80: Roanoke Rapids Lake/Unattended Equip
- HB 237: Brunswick County Zoning Procedure Changes
- HB 368: Bermuda Run/Speed Restrictions
- HB 98: Macon/Clay/No Right-of-Way Spotlighting
- HB 134: Filling Vacancy/Onslow County Board of Comm
- HB 170: Various Satellite Annexations
- HB 187: Amend Town of Elon Charter/Parking Ordinances
- HB 285: City of Sanford/Town of Beaufort/Vol Annex
- HB 239: Pitt County Animal Control Records
- HB 324: Local Hunting Omnibus
- HB 429: Navigable Waters/Manteo/Hyde
- SB 191: Out-of-State Law Enforcement/2020 Rep Convtn
- SB 399: Rehire High-Need Teachers
- SB 355: Land-Use Regulatory Changes
- SB 378: Local Economic Development Modifications
- SB 394: Changes to Estates & Trusts Statutes
- SB 311: Massage Board Membership
- HB 257: Motorcycles/Face Masks
- HB 224: Assault w/ Firearm on LEO/Increase Punishment
- SB 594: Register of Deeds Updates
- SB 525: Textile Hist. Site/Operate SE NC Museum
- SB 220: Removal of Political Signs by Citizens
- SB 500: Modify Advanced Math Course Enrollment
- SB 186: Beaufort-Morehead Cty Airport Authority/Amend
- SB 686: Appointments Bill 2019
- HB 492: Simplify Builder Inventory Exclusion
- HB 402: UNC Capital Projects
- SB 384: Clarify Motor Vehicle Dealer Laws
- HB 761: Clarify Wastewater Permitting Liability
- HB 758: MSD Expansion and Governance/DACS Study
- HB 755: Travel Insurance Amendments
- HB 735: Adopt Rules Incorporating 2017 Food Code
- HB 629: Law Enforcement Mutual Aid
- HB 495: No Municipal Reg/Off-Site Wastewater Systems
- HB 329: Renewable Energy Amends
- HB 156: Swain County Settlement Trust Fund
- HB 138: Damage Jail & Prison Fire Sprinkler/Penalty
- HB 106: Inmate Health Care & 340B Program
- HB 18: Allow Absentee Ballots/Fire District Election
- HB 757: Pender County/Butner Property Transfers
- SB 535: Authorize State Park/Clarify Corps Name
- HB 668: Various Higher Education Changes
- HB 590: Amend Administrative Procedure Laws
- SB 444: Allow Use of Oyster Shells As Serving Dishes
- HB 411: Modify School Qual./Student Success Indicator
- SB 210: Organ & Tissue Donation/Heart Heroes
- SB 316: Affordable Housing
- SB 297: Cancer Research Advisory Panel
- SB 462: Modifications to NC Appraisal Board
- SB 508: Civil Procedure/Deponent Declaration
- SB 606: Prioritize Native NC Plants on Highway ROW
- HB 107: PED Oversight/EPP Changes
- HB 323: Assess Costs of Local LEO Crime Lab Analysis
- HB 268: Amend On-Site Wastewater Laws/Misc. TC
- HB 243: State Human Resources Act Amendments.-AB
- HB 337: Change Salvage Vehicle Transfer Requirements
- HB 362: 15-Point Scale For School Performance Grades
- HB 546: Prohibit Counterfeit/Nonfunctional Airbags
- HB 620: Street Database/Manual/Public Record Except
- SB 29: Move Over Law/Increase Penalties/Amber Lights
- HB 198: Human Trafficking Commission Recommendations.-AB
- HB 325: Opioid Epidemic Response Act
- SB 194: West Jefferson/Saluda Satellite Annexations
- SB 420: NC Servicemembers Civil Relief Act
- SB 218: Clarify State Recognition - Lumbee Indians
- SB 145: Allow Sports/Horse Race Wagering Tribal Lands
- SB 332: Civil Procedure/Limitations/Land Surveyors
- SB 343: Various Education Law Changes
- SB 391: Expand Youth Internship Opportunities
- SB 478: Modify Appointment Reporting
- SB 493: DVPO Abuser Treatment/Time of Expiration
- SB 523: Laws Clarifying & Administrative Changes
- SB 604: Amend NC Veterinary Practice Act
- SB 108: PED/Safekeeper Health Care Cost Recov. Pract
- HB 469: Various Family Law Changes
- HB 628: 2019 Banking & Mortgage Corrections & Changes
- HB 675: 2019 Building Code Regulatory Reform
- HB 50: Allow Hyperbaric Oxygen Therapy for TBI/PTSD
- HB 922: Enhance Insurance Coverage/Educ. Buildings
- HB 264: GSC Technical Corrections 2019
- SB 532: Amends Probate/Trusts/Wills Choice of Law
- HB 220: Insurance Technical Changes.-AB
- SB 302: Update ACH Svc & Care Plan/Bd of Nursing
- SB 385: Clarify/Auto Dealers Regulatory Req
- SB 290: ABC Regulatory Reform Bill
- SB 9: Female Genital Mutilation/Clarify Prohibition
- SB 301: Regional School Modifications
- SB 366: 9th/10th Grade/College Transfer Pathways
- SB 413: Raise the Age Modifications
- SB 498: Facilitate Response to Disasters
- HB 724: Truth in Caller ID Act
- HB 872: Underground Utility Safety Act/Changes
- SB 190: Expand Special Assessments for Dam Repair
- HB 228: Modernize Laws Pertaining to NC Medical Board.-AB
- HB 961: Ensuring Authorization of Federal Funds
- HB 760: Expand Loss Prevention Investigations
- HB 391: Passenger Protection Act
- HB 590: Modify Continuing Ed for Real Estate Brokers
- SB 321: Federal Motor Carrier Safety/PRISM
- SB 68: Relocation of Water/Sewer Line Costs
- SB 584: Criminal Law Reform
- HB 206: Various Transportation Changes
- HB 217: DIT Changes.-AB
- SB 230: NC Military and Veteran Act of 2019
- SB 86: Small Business Health Care Act
- HB 99: Transfer ALE/Move Boxing Advisory Commission
- HB 597: Wildlife Resources Commission Amends
- HB 604: Small Business Retirement Program
- HB 55: Cleveland County/Sheriff Vacancies
- HB 554: Funeral Practice Licensure Tech. Corrections
- HB 609: Salary Increases/Adult Correctional Employees
- HB 226: Pay Increases/State Employees
- HB 126: Pay Increases/State Highway Patrol
- HB 777: Pay Increases/SBI & ALE
- SB 621: Testing Reduction Act of 2019
- HB 449: Handicapped & Special Registration Plates
- SB 600: Vets Children/Short-Term Workforce Training
- SB 353: Amend Cartway Path/Septic Tank Laws
- SB 682: Implement Crime Victim Rights Amendment
- SB 574: Study Establish Gaming Comm/Sports Betting
- SB 270: Durham Deannexation
- SB 692: 2019 Senate Consensus Nonpartisan Map
- HB 1020: 2019 House Remedial Map
- HB 29: Standing Up for Rape Victims Act of 2019
- HB 75: School Safety Funds, Programs, and Reports
- SB 118: Prison Safety/TANF State Plan/Clarifications
- SB 429: Disaster Recovery - 2019 Budget Provisions
- SB 458: PTS Day/Cardiac Task Force/Titus's Law/Data
- SB 691: Emergency Operating Funds for Utilities
- HB 211: Various DMV Changes