North Carolina Legislative Report

by Moore & Van Allen PLLC

May 16 - 23, 2014

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.

Follow us on Twitter @MVA_PA

On The Floor

This week, the Senate voted on final passage of S 786, the Energy Modernization Act, and gave tentative approval to S 734, the Regulatory Reform Act of 2014.  S 786 would require the state to start issuing permits for natural gas fracturing in the summer of 2015.  S 734 seeks to remove outdated or burdensome regulations. 

The House gave final approval to H 1050, Omnibus Tax Law Changes.  Some of the key provisions in the bill include a $100 cap on the annual business license tax that cities can charge business and it also expands the types of businesses that can be taxed.  It also imposes an excise tax on the liquid used to create vapor in electronic cigarettes.

Committee Reports

Senate Agriculture/Environment/Natural Resources Committee

The Committee met on Tuesday, May 20, to take up a proposed committee substitute (PCS) for S 734, Authority to Adopt Certain Ordinances.  The PCS is the Senate’s regulatory reform package for this session called the Regulatory Reform Act of 2014.  The bill seeks to provide regulatory relief by providing various administrative reforms, eliminating certain unnecessary statutes and regulations and modernizing cumbersome regulations.  The Committee passed the bill by a voice vote and the bill was referred to the Senate Finance Committee for consideration. 

Senate Commerce Committee

The Committee met Tuesday, May 20, to take up S 786, the Energy Modernization Act.  The bill includes a variety of provisions dealing with oil and gas development in North Carolina.  The highlights of the bill include extending the deadlines for development of a modern regulatory program for the management of oil and gas exploration, modifying certain exemptions from requirements of the Administrative Procedures Act, and establishing a date certain of July 1, 2015, for issuance for permits for oil and gas exploration.  The Committee passed the bill by a voice vote, and the bill was referred to the Senate Finance Committee for consideration.

Senate Finance Committee

The Committee met on Tuesday, May 20, to take up S 786, the Energy Modernization Act, and reviewed its finance related provisions.  The Committee passed the bill by a voice vote.

Senate Judiciary I

The Committee met twice this week to discuss S 648, NC Commerce Protection Act of 2013.  S 648 seeks to make various changes to the statutes governing commerce in North Carolina.  Included in the bill are provisions to create transparency in contingency fee contracts between State agencies and private attorneys, to create transparency in claims against asbestos and silica trusts, to amend the laws governing products liability actions, to prevent patent abuse and to enforce exclusive forum provisions assented to by shareholders in derivative actions.  No vote was taken on the bill. The Senate Judiciary I Committee will continue discussion on S 648 next week.

House Finance Committee

The Committee met on Tuesday, May 20, and Wednesday, May 21.  On Tuesday, the Committee approved H 1034, Volunteer Fire and Rescue Finances, and H 1069, Unemployment Insurance Laws Changes.  As the titles suggest, the bills deal with changes to the retirement, relief and workers compensation funds for volunteer firefighters and rescue workers, and numerous changes with respect to the administration of the unemployment insurance system.  On Wednesday, the Committee approved S 261, Sales Tax on Private Res. Rented by Broker, which imposes the sales and use taxes (and by extension local occupancy taxes) on private residences listed for rental with real estate brokers regardless of whether the minimum rental period requirement is met.

House Public Utilities Committee

The Committee met on Wednesday, May 21, to take up S 742, Adjust the Utility Regulatory Fee.  The bill seeks to adjust the utility regulatory fee to reflect the changing regulatory climate for the telecommunications industry as recommended by the LRC Committee on the Assessment of Regulated and Non-Regulated Industry Utility Fees.  The Committee passed the bill by a voice vote and it was referred to the House Finance Committee. 

House Commerce and Jobs Development Committee

The Committee met on Wednesday, May 21, to address two bills.  H 1032 Patent Abuse Bill, aims to prevent patent abuse in North Carolina by establishing civil penalties for unfair assertions of patent infringement.  H 1032 received a favorable report and was sent to the House Judiciary B Committee.  S 294, Allow Use of DOT Stormwater BMPs, allows entities regulated under phase II of the National Pollutant Discharge Elimination System Program to utilize the Department of Transportation’s best management practices toolbox for linear transportation projects.  S 294 received a favorable report and was placed on the House calendar for Tuesday, May 27.

House Rules Committee

The Committee met on Thursday, May 22, to take up three bills.  HJR 1074, Confirm Linda Combs as State Controller, confirms Linda Combs as the State Controller through June 30, 2015.  HJR 1112, Confirm Charlton L. Allen to Industrial Commission, confirms Charlton Allen to the NC Industrial Commission for a term beginning July 1, 2014 through June 30, 2020.  H 1131, Clay County Opossum Exclusion/Wildlife Laws, exempts Clay County from state wildlife laws regarding opossums from December 26 to January 2.  All three bills received a favorable report and were placed on the House calendar for Tuesday, May 27.

House Banking Committee

On Thursday, May 22, the Committee met and approved H 1117, Conform Pledge of Joint Account Laws.  The bill would conform the law governing the pledge of joint accounts in credits unions, savings and loan institutions, and savings banks to that of the law governing the pledge of joint accounts in other banks.

In the News

Raleigh News & Observer: Senate tentatively OKs regulatory overhaul bill

Raleigh News & Observer: NC Senate votes to lift fracking moratorium, removes some provisions

Charlotte Observer: Duke Energy, EPA sign Dan River cleanup agreement

WRAL: Tax bill clears state House

AP: NC lawmakers consider new patent abuse rules


Tue, May 27, 2014

10:00 AM

Education (House)

Improve Admin Prog Monitoring at DPI. (H1040)
Military Student Identifier. (H1060)
Schematic Diagrams and Keys of Schools. (H1062)

643 LOB

12:00 PM

Transportation -- CANCELLED (House)

DMV Inspection Station Case Continuances. (H1025)
MAP-21 Update/Rail Safety. (H1026)
Single License Plate Renewal Sticker. (H1028)
DMV Conversion of Paper Titles. (H1029)
Agritourism Sign Location/DOT Standards. (H1071)
Turnpike Authority Annual Audit Date Change. (H1072)
Repeal Report/Right Turn on Red. (H1073)
DOT Study of State Parks & Trails Signage. (H1086)
DMV DL Medical Review Program Changes. (H1098)
Drivers License Material Technical Standard. (H1122)
Exclude Federal Lands Access Funds from STI. (H1123)
DOT Minority/Women Business Program. (H1124)
Alt. Criteria under STI for Emergency Repair. (H1125)
DOT Partnerships with Private Developers. (H1126)

643 LOB

1:00 PM

Insurance (House)

No Set Fee/Noncovered Vision Services. (S477)

1228/1327 LB

1:00 PM

Agriculture -- CANCELLEDAgriculture -- CANCELLED (House)

NCSU Plant Sciences Research Initiative. (H1188)
Farm GPS Coordinates/Photos/Public Records. (H1189)

643 LOB


Public Utilities and Energy -- CORRECTED (House)

643 LOB

3:00 PM

Judiciary Subcommittee B (House)

DWI Interlock Violation/DMV Hearing Site. (H1027)
Patent Abuse Bill. (H1032)
Reduce Hard Copies/Appellate Div. Reports. (H1076)

421 LOB

4:00 PM

Session Convenes (House)


5:00 PM

Session Convenes (Senate)


Wed, May 28, 2014

10:00 AM

Judiciary Subcommittee A (House)

Service of Hearing Order/MV Dealer Licensee. (H1097)

1228/1327 LB

10:00 AM

Judiciary Subcommittee C (House)

Mechanics Liens - Leased Public Property. (H1101)
Mechanics Liens - Clarify Lien Agent Notice. (H1102)
Verification/Jurisdiction in Juvenile Cases. (H1103)
Study Oversight/Conflicts of Int./Foster Care. (H1104)
Improve Oversight of Public Guardianship. (H1110)

415 LOB

10:00 AM

Education/Higher Education (Senate)

Amend Law Defining Home Schools. (H230)

544 LOB

11:00 AM

Rep. Insko - Press Conference

Press Room LB

12:00 PM

State Personnel (House)

Volunteer Fire and Rescue Finances (PED). (H1034)
Positions for State Treasurer Compliance Unit. (H1079)

544 LOB

1:00 PM

Elections (House)

Morganton Charter Amendment. (H1158)
Duplin Comm. Elections Technical Correction. (H1108)

643 LOB

Thu, May 29, 2014

12:00 PM

Homeland Security, Military, and Veterans Affairs (House)

AG Selection Criteria/Amendments. (H1048)

421 LOB

Wed, June 04, 2014

10:30 AM

Rep. Insko - Press Conference (Date Change &Time Change)

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.

© Moore & Van Allen PLLC | Attorney Advertising

Written by:

Moore & Van Allen PLLC

Moore & Van Allen PLLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.