North Carolina Legislative Report

by Moore & Van Allen PLLC

The General Assembly’s Short Session began Wednesday, May 14, 2014.  The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly to keep you up to date on the latest legislative issues facing the state.

Governor's Desk

This week, the Governor signed H 1033, Special Assessment/Dam Repair; H 1195, Fiscal Integrity/Pension-Spiking Prevention;  and H 625, Zoning/Health Care Structure into law. 

He has also indicated that he plans to sign the new budget into law when it arrives on his desk.

Lastly, the Governor issued Executive Order 62, which directs the Department of Natural Resources to “continue to implement all regulations and laws.” Included in the Governor’s press release are the following directives:

  • Begin groundwater assessments of coal ash ponds at all 14 of Duke Energy’s facilities. These assessments are the first step toward closure of the ash ponds.
  • Take steps necessary to authorize the dewatering ponds at four priority facilities – Riverbend, Asheville, Sutton and Dan River.
  • Hire additional staff resources to handle the increased workload of the items above.

On The Floor

This week, the Senate passed H 1181, NC Medicaid Modernization; H 1193, Retirement Technical Corrections Act of 2014; H 272, DOT/DMV Changes #2; H 366, NC Farm Act of 2014; H 1133, Technical and Other Corrections; S 885, UNC BOG Vacancy Election; H 884, Dropout Prev./Recovery Pilot Charter School; S 883, Mitigation Buffer Rule/Wastewater Treatment; H 1086, NC and SC Rail Compact; H 1145, Insurance and Registration for Mopeds; S 163, Reclaimed Water as a Source Water; S 648, NC Commerce Protection Act of 2014; S 853, Business Court Modernization; S 884, 2014 President Pro Tem’s Appointments; H 1224, Local Sales Tax Options/Econ. Devpt. Changes; S 403, Omnibus Election Clarifications; S 744, Appropriations Act of 2014; and S 881, Adjournment. 

The House today approved the following bills: S 883, Mitigation Buffer Rules/Wastewater Treatment; H 366, NC Farm Act of 2014; H 884, Dropout Prev./Recovery Pilot Charter School; H 1145, Insurance and Registration for Mopeds; S 193, Modify P3 Ethics Reporting Requirements; S 859, Cities/Regulation of Vacation Rentals; and S 648, NC Commerce Protection Act of 2014.

Also this afternoon, the House approved conference reports for H 272 DOT/DMV Changes #2; S 853, Business Court Modernization; and H 1054, Spindale/Cape Fear Sewer Fee Collection. In addition, the House has reconsidered a vote earlier in the week and has now concurred in the Senate's version of H 1133, Technical and Other Corrections. Finally, the House approved S 763, Revenue Laws Tech. Changes and Other Changes.

S 744, Appropriations Act of 2014 passed the second reading and will see a final vote tomorrow along with S 881, Adjournment Sine Die; and S 884, 2014 Pro Tem Appointments.

Committee Reports

Senate Rules Committee

The Committee met several times this week.  On Tuesday, July 29, two bills were passed out of committee.  H 1133, Technical and Other Corrections, seeks to make technical corrections to the General Statutes and session laws, as recommended by the General Statutes Commission.  It also makes additional technical changes to the General Statutes and session laws.  H 272, DOT/DMV Changes #2, seeks to make changes to a variety of DMV/DOT related matters. 

On Wednesday, July 30, two bills were voted out of Committee.  H, 761, the Regulatory Reform Act of 2014, seeks to provide further regulatory relief to the citizens of North Carolina by providing various administrative reforms, eliminating unnecessary regulations and modernizing outdated regulations.  H 884, Dropout/Prevention/Recovery Pilot Charter School, creates a Dropout Prevention and Recovery Pilot Program with a charter school. 

On Thursday, the Committee passed three bills.  S 881, Adjournment Sine Die, is a joint resolution providing for the adjournment of the 2013 regular session of the General Assembly to a date certain and limiting the matters that may be considered upon reconvening.  When the Senate and House adjourn on Saturday, they stand adjourned to reconvene on Thursday, August 14 at Noon.  During this time, only matters in conference, bills relating to state litigation matters and bills returned by the Governor with his objections can be considered.  When the Senate and House adjourn on Friday, August 15, they are adjourned to reconvene on November 17.  During this time, only bills related to Medicaid, matters in conference, bills relating to state litigation matters, bills returned by the Governor with his objections and a joint resolution adjourning the regular session of the General sine die can be considered.  S 884, 2014 Pro Tem Appointments, makes appointments to various public offices upon the recommendation of the President Pro Tem.  H 1086, NC and SC Rail Compact, seeks to establish the North Carolina and South Carolina Rail Compact. 

Senate Select Committee on UNC Board of Governors

The Committee met twice on Tuesday, July 29.  The Committee voted in favor of S 884, UNC BOG Vacancy Elections, which is a resolution electing Anna Spangler Nelson to the UNC Board of Governors.

House Finance Committee

The Committee met twice on Wednesday, July 30.  During the morning meeting, the Committee recommended that the House not concur with Senate changes to H 1224, Local Sales Tax Options/Econ Devpt. Changes (which made changes with respect to various economic development programs and counties' ability to levy local sales taxes) and H 366, NC Farm Act of 2014.  (The House has since agreed to conference reports on modified versions of each of these bills).

During the afternoon meeting, the Committee approved S 763, Revenue Laws Technical Changes.  The Committee made several changes to the bill that would have modified eligibility for the renewable energy tax credit and would have modified and extended the tax credits for historic rehabilitation.  The bill received preliminary approval by the full House, but ultimately the credit modifications/extensions were not enacted.

In The News


Sat, August 02, 2014

10:00 AM

Session Convenes (Senate)


Mon, August 18, 2014

11:00 AM

Rep. Grier Martin - Press Conference

Press Room LB


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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