2018 Legislative Highlights

SB 757 – Requires Judicial Redistricting

Judicial Branch

Introduced on May 28, 2018

Vote to concur with House amendments and pass a bill that requires judicial redistricting for elections in 2018 and thereafter.

 

  • Requires redistricting of the Superior Courts in Mecklenburg, Pender and New Hanover counties and the District Courts in Wake and Mecklenburg counties (Sec. 1)

  • Specifies that Mecklenburg county would be divvied up for District Court seats, and its Superior Court districts would be adjusted to reflect population changes there (Sec. 1).

  • Amends the composition and number of judges of districts that have less than a whole county, or with part of one county and part of another county (Sec. 1).

  • Requires district judges who have already filed for the 2018 elections in their county-wide districts to refile in the new districts established by this bill (Secs. 1-4).

  • Specifies that this bill takes effect January 1, 2019, with the exception of elections in 2018, which must be held accordingly to these changes (Sec. 4).

  • Prohibits the State Board of Elections and Ethics Enforcement from labeling judicial seats by the incumbents’ names (Sec. 1).

HB 1092 – Requires Photo Identification to Vote

Constitution

Introduced on Jun 7, 2018

Vote to pass a bill that submits a constitutional amendment to the voters that requires photo identification to vote.

 

  • Amends Article VI, Section 2 of the Constitution of North Carolina by adding a subsection that specifies that individuals attempting to vote in person must present photo identification (Sec. 1).

  • Amends Article VI, Section 3 of the Constitution of North Carolina by adding a subsection that authorizes the General Assembly to enact laws governing the photo identification requirement (Sec. 2).

SB 99 – Establishes Budget for Fiscal Year 2018-2019

Government Budget and Spending

Veto Overridden on Jun 12, 2018

Vote to override the governor’s veto and pass a bill that amends the state’s tax laws to conform to various federal changes in the Tax Cuts and Jobs Act and the Bipartisan Budget Act of 2018.

 

  • Authorizes cities to levy property taxes to supplement funding for both public and charter elementary and secondary schools (Sec. 38.8).

  • Repeals a provision that required funds withdrawn from a 529 education savings plan to be counted as taxable income, specifically if such funds are spent on primary or secondary education or are rolled over into an ABLE account for individuals with disabilities (Sec. 38.1).

  • Repeals a provision that excludes funds deposited into a Personal Education Savings Account (PESA) from taxable income (Sec. 38.10).

  • Authorizes an automatic extension for filing a state tax return at the time a taxpayer is granted a federal income tax return extension (Sec. 38.4).

  • Repeals a provision that limited the extension time for filing a sales tax return to 30 days after the regular due date of the return (Sec. 38.5).

  • Authorizes a tax exemption for foreign source income of controlled foreign corporation subsidiaries (Sec. 38.1).

  • Repeals the gross income exclusion for contributions to the capital of a corporation by government entities and civic groups not acting in a shareholder capacity (Sec. 38.2).

  • Authorizes a retailer who pays sales and use tax on property or services and subsequently resells it at retail price to recover the sales tax originally paid to a seller (Sec. 38.5).

  • Specifies that the income tax applicable to unrelated business income of a nonprofit organization does not include amounts paid or incurred by a 501(c)(3) organization for transportation and parking benefits it provides to its employees (Sec. 38.2).

  • Establishes an excise tax rate reduction for modified risk tobacco products (Sec. 38.7).

HB 374 – Establishes the Regulatory Reform Act

Agriculture and Food

Veto Overridden on Jun 27, 2018

Vote to pass a bill that establishes the Regulatory Reform Act, which amends rules and regulations of education, environment, and business.

 

  • Exempts all personal property of both nonprofit and for-profit charter schools from property taxes, including mobile classrooms used by for-profit charters (Sec. 25).

  • Requires cities to reimburse schools for surrounding road construction (Sec. 26).

  • Authorizes property owners to contract with a soil scientist or geologist in lieu of the local health department to verify that a wastewater system on their property satisfies all applicable rules and regulations (Secs. 9 and 11).

  • Authorizes the renewal of a permit for a permanent erosion control structure, even if the permit was granted before 1995, so long as the structure is not enlarged beyond the dimensions set out in the original permit (Sec. 15).

  • Authorizes replacement of temporary erosion control structures adjacent to intertidal marine rock outcroppings (Sec. 15).

  • Exempts real estate professionals from laws that require disclosure and notice of automatic payment renewals (Sec. 4).

  • Requires alarm systems companies to register with the state a list of any employee who installs an alarm system in a private residence or commercial business as well as any employee who has access to security details such as access codes (Sec. 6).

  • Requires overfill protection equipment for underground storage tanks (USTs) to be checked every 3 years instead of annually, as is required currently (Sec. 19).

  • Authorizes UST owners and operators to use any test method and equipment approved by the EPA, including a testable drop tube, in order to meet the above requirement (Sec. 19).

2017 Legislative Highlights

SJR 36 – Authorizes Participation in a Constitutional Convention

Federal, State and Local Relations

Introduced on Feb 8, 2017

Vote to pass a joint resolution that authorizes North Carolina to participate in a constitutional convention.

  • Authorizes the state legislature of North Carolina, under Article V of the Constitution to call on Congress for a constitutional convention to propose new amendments that impose fiscal restraints and term limits on the federal government (Sec. 1).

HB 514 – Authorizes Municipalities to Form Charter Schools

K-12 Education

Introduced on Mar 28, 2017

Vote to pass with amendment a bill that authorizes municipalities to form and govern charter schools.

 

  • Defines “board or directors or charter board” to include the governing body of a municipality which serves ex officio as the board of a charter school (Sec. 1).

  • Requires municipalities which apply for a charter to include the names of the governing body, or the names of the board that has been appointed by the governing body, and the procedure by which parental involvement will be ensured (Sec. 2).

  • Requires municipal charter schools to institute a conflict of interest and anti-nepotism policy (Sec. 3).

SB 434 – Amends Local Riparian Buffer Requirements

Environment

Introduced on Mar 29, 2017

Vote to pass a bill that amends local riparian buffer requirements around rivers, waste removal standards, and other environmental provisions.

 

  • Establishes that yard waste diverted from the waste stream or collected as source separated material is not subject to a solid waste permit or transfer, treatment, processing, storage or disposal in a permitted solid waste management facility (Sec. 1).

  • Repeals the provision that prohibits certain retailers from providing customers with plastic bags unless the bag is reusable or is used solely to hold unpacked portions of fresh meat, fish or produce (Sec. 1).

  • Repeals the ability of local government to enact, implement and enforce ordinances that establish riparian buffer requirements to protect water quality (Sec. 2).

  • Exempts any publicly owned spaces where it has been determined by local law enforcement that the buffers pose a risk to public safety (Sec. 2).

H 239 – Reduces Court of Appeals Caseload

Judicial Branch

Veto Overridden on Apr 26, 2017

Vote to concur with Senate amendments and pass a bill that reduces the size of the appeals court and the caseload for each judge.

 

  • Requires that whenever the seat of an incumbent judge becomes vacant prior to the expiration of the judge’s term due to the death, resignation, retirement, impeachment, or removal, the seat is abolished until the total number of Court of Appeals seats is decreased to 12 (Sec. 1).

  • Requires the Court of Appeals to sit in panels of 3 judges each or en banc to hear or rehear any cause upon a vote of the majority of the judges of the court (Sec. 1).

  • Specifies that any order that terminates parental rights or denies a petition or motion to terminate parental rights should be made directly to the Supreme Court (Sec. 4).

  • Establishes that appeals of final order in juvenile cases should be made directly to the Court of Appeals unless otherwise specified (Sec. 4).

H 467 – Limits Penalties for Agricultural Operations

Legal

Veto Overridden on May 11, 2017

Vote to pass a bill that limits penalties for agricultural operations involved in lawsuits.

 

  • Requires compensatory damages to be measured by the reduction of the fair market value of the plaintiff’s property, but may not exceed the fair market value of such property, in cases against agricultural and forestry operations if the operation is a permanent nuisance (Sec. 1).

  • Requires compensatory damages to be based on the reduction of the fair rental value of a plaintiff’s property in cases against agricultural and forestry operations if the operation is a temporary nuisance (Sec. 1).

  • Prohibits the combined recovery from multiple nuisance actions from the same plaintiff from exceeding the fair market value of the plaintiff’s property (Sec. 1).

  • Specifies that any party contractually associated and in a business relationship with an agricultural or forestry operation is protected under this act (Sec. 1).

SB 615 – Amends Agricultural Laws

Agriculture and Food

Signed on Jul 12, 2017

Vote to pass a bill that amends various agricultural and livestock regulations.

 

  • Defines agricultural land as individual land that earns the owner at least $1,000 per year for 3 consecutive years (Sec. 3).

  • Authorizes gross income for agricultural land to include grazing fees for livestock and the sale of bees or products derived from beehives (Sec. 3)

  • Specifies that livestock is classified as abandoned if it was turned over to another individual for boarding, treatment, or care and the owner has not retaken custody after 2 months of the last fee payment (Sec. 4).

  • Authorizes custodians to sell or transfer abandoned livestock if they complete an affidavit affirming the owner has not made attempts to retake custody of their livestock (Sec. 4).

  • Prohibits willful resistance, delay, or obstruction of an authorized inspection of land-disturbing activities on forested land (Sec. 6).

  • Requires the Department of Agriculture to adopt the Forest Practice Guidelines for water quality preservation (Sec. 6).

  • Specifies that buildings and structures used for agritourism are tax-exempt (Sec. 8).

  • Authorizes state food compliance inspectors to drive state vehicles without official state tags and bumper stickers (Sec. 10).

  • Authorizes the sale of wine at farmer’s markets if the seller has a winery special permit (Sec. 19).

  • Prohibits requiring agricultural producers to pay a labor union or organization for the purpose of paying an employee’s membership fee or dues (Sec. 20).

HB 589 – Specifies North Carolina's Energy Policy

Energy

Signed on Jul 27, 2017

Vote to pass a bill that specifies North Carolina’s energy policies regarding renewable solar and wind energy.

 

  • Requires public utilities that provide electricity to more than 150,000 customers to create a program offering net metering incentives to customers who install solar panels (Sec. 8).

  • Prohibits the issuance of permits for wind energy facility expansion unless the facility is determined safe for navigation by the Federal Aviation Administration (Sec. 13).

  • Requires major military installations to use at least 100 megawatts of renewable energy per year and requires the University of North Carolina to use at least 250 megawatts of renewable energy per year (Sec. 3).

  • Specifies an expedited review process for swine and poultry waste (Sec. 7).

  • Specifies that the capacity of all solar energy facilities on a given electrical system shall not exceed 1% of the 5 year average traffic at peak demand (Sec. 6).

  • Establishes uniform net metering rates across the state for houses that use renewable energy produced onsite (Sec. 6).

  • Prohibits one house or building’s renewable electrical facilities from serving multiple buildings (Sec. 6).

  • Authorizes public electric utilities to participate in competitive procurement processes with private third parties (Sec. 2).

  • Authorizes community ownership or leasing of certain community solar energy facilities, provided that its energy capacity does not exceed 5 megawatts and its funding does not exceed 100% of the community’s energy demands (Sec. 6).

  • Specifies that the North Carolina Utilities Commission retains authority over all electric generator facilities (Sec. 6).

S 656 – Prohibits Part Primaries for Certain 2018 Court Elections

Judicial Branch

Veto Overridden on Oct 17, 2017

Vote to override a veto of a bill that amends various election laws, including a prohibition of party primaries for certain 2018 judicial elections.

 

  • Prohibits party primaries, in advance of the November 6, 2018 general election, for candidates seeking the following offices (Sec. 4):

    • Justices of the Supreme Court;

    • Judges of the Court of Appeals;

    • Judges of the superior courts; and

    • Judges of the district courts.

  • Specifies that this act takes effect January 1, 2018 and applies to all primary and general elections held thereafter (Sec. 5).

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