2016 Legislative Highlights

SB 2 – Amends Congressional Districts

Campaign Finance and Elections

Signed on Feb 19, 2016

Vote to pass a bill that amends the congressional districts.

  • Amends congressional districts in the State of North Carolina for the 2016, 2018 and 2020 U.S. Congressional elections (Secs. 1 & 2).
  • Specifies that this bill shall become effective when it becomes law unless the United States Supreme Court reverses or stays the decision of the U.S. District Court for the Middle District of North Carolina regarding congressional districts, in which case this bill shall be repealed (Secs. 2 & 3).

 

HB 2 – Requires Individuals to Use Bathroom of Biological Sex

Sexual Orientation and Gender Identity

Introduced on Mar 23, 2016

Vote to pass a bill that requires individuals to use bathrooms according to their biological sex.

  • Requires local boards of education and public agencies to require every multiple occupancy bathroom or changing facility to be designated for and used only by individuals on the basis of biological sex (Secs. 1.2 & 1.3).
  • Specifies that the provisions of this bill supersede any policy or regulation adopted by a local government that regulates employee compensation or discriminatory practices in places of public accommodation (Secs. 2.1 & 3.3).
  • Prohibits an individual from bringing any civil action on the basis of the provisions in this bill (Sec. 3.2 & 3.3).  

2015 Legislative Highlights

HB 157 – Authorizes the Environmental Management Commission to Use Existing State and Federal Hydraulic Fracturing Air Emission Regulations

Oil and Gas

Signed on Mar 16, 2015

Vote to pass a bill that authorizes the Environmental Management Commission to use existing state and federal regulations for governing toxic air emissions caused by oil and gas drilling operations if the commission determines that the existing air quality regulations are adequate to protect public health, safety, welfare and the environment.

HB 405 – Prohibits the Recording of Certain Employer Property

Employment and Affirmative Action

Veto Overridden on Jun 3, 2015

Vote to pass a bill that prohibits an employee from recording audio or sound, without permission, in a non-public area of an employer, effective January 1, 2016.

  • Prohibits an employee from intentionally entering a “non-public area” of his or her employer to engage in certain activities contrary to the employer’s interests, including, but not limited to, the following activities (Sec. 1):
    • Removing the employer’s data, papers, or records;
    • Recording video or sound within the employer’s property; and
    • Placing an unattended camera or electronic surveillance device on the property.
  • Defines “non-public areas” as those areas not accessible to, or not intended to be accessed by, the general public (Sec. 1).
  • Authorizes a state court to award 1 or more of the following remedies to an employer who prevails in a legal action against an employee for breaching the provisions of this bill (Sec. 1):
    • Equitable relief;
    • Compensatory damages;
    • Court costs and legal fees; and
    • $5,000 for each day that the employee breached the provisions of this bill.
  • Exempts a governmental agency or law enforcement officer from liability if they are engaging in a lawful investigation of an employer or the employer’s property (Sec. 1).

HB 465 – Amends Regulations Regarding Abortion

Abortion

Signed on Jun 5, 2015

Vote to pass a bill that increases the waiting period prior to an abortion from 24 to 72 hours.

  • Extends the waiting period from 24 hours to 72 hours for a woman to have an abortion after receiving consultation from a physician, effective October 1, 2015 (Sec. 2).
  • Requires a physician who advises, procures, or causes a miscarriage or abortion after the eighteenth week of a woman’s pregnancy to provide the following information to the Department of Health and Human Services, effective January 1, 2016 (Sec. 1):
    • The method used by the physician to determine the gestational age of the fetus at the time of the procedure;
    • The results of methodology including measurements of the fetus; and
    • An ultrasound image of the fetus that depicts the measurements.
  • Requires a physician who procures or causes a miscarriage or abortion after the twentieth week of a woman’s pregnancy to provide the analysis on which the physician determined that continuation of the pregnancy would threaten the life or gravely impair the health of the woman to the Department, effective January 1, 2016 (Sec. 1).

 

SB 2 – Authorizes Officials to Not Perform Certain Marriage Duties

Sexual Orientation and Gender Identity

Veto Overridden on Jun 11, 2015

Vote to pass a bill that authorizes certain officials to recuse themselves from performing certain marriage duties based on a “sincerely held” religious objection.

  • Authorizes a magistrate, assistant, or deputy register of deeds to recuse him or herself from performing a marriage or issuing a marriage license based on a “sincerely held” religious objection (Sec. 1).
  • Prohibits a recusing magistrate, assistant, or deputy register from performing a marriage or issuing a marriage license until the recusal has been rescinded in writing (Sec. 1).
  • Requires a recusal to be in effect for at least 6 months (Sec. 1).
  • Requires the register of deeds to ensure that all eligible applicants for a marriage license are issued a license (Sec. 1).
  • Requires the chief district court judge to notify the Administrative Office of the Courts if all magistrates in a jurisdiction have recused, at which time the Administrative Office of the Courts is required to ensure that a magistrate is available to perform marriages in the jurisdiction (Sec. 1).
  • Requires a district court judge to be deemed magistrate for the purposes of performing marriages until the Administrative Office of the Courts designates a magistrate to perform marriages in the jurisdiction (Sec. 1).
  • Requires the chief district court judge to ensure a magistrate is available to perform marriages for at least 10 hours a week over the course of at least 3 business days (Sec. 4).

 

HB 774 – Authorizes Certain Medical Professionals to Monitor Executions

Death Penalty

Signed on Aug 5, 2015

A vote to pass a bill that authorizes a medical professional other than a physician to monitor an execution.

  • Authorizes a “medical professional other than a physician” to monitor an execution by way of legal injection whereas existing law requires a physician to monitor the execution (Sec. 1).
  • Defines “medical professional other than a physician” as 1 of the following individuals (Sec.1):
    • Physician assistants;
    • Nurse practitioners;
    • Registered nurses;
    • Emergency medical technicians; or
    • Emergency medical technician-paramedics.
  • Requires a physician to examine the body and pronounce the individual dead, if her or she is not present at the execution (Sec. 1).

 

2014 Legislative Highlights

SB 786 – Repeals the Moratorium on Hydraulic Fracturing

Oil and Gas

Signed on Jun 4, 2014

Vote to pass a bill that repeals the moratorium on hydraulic fracturing.

  • Authorizes the Department of Environment and Natural Resources and the Mining and Energy Commission to issue permits for oil and gas exploration and development activities using horizontal drilling and hydraulic fracturing treatments on or after the 61st calendar day following the date that all rules adopted have become effective (Sec. 3).
  • Classifies the act of willfully disclosing confidential information to a person not authorized to receive it as a class 1 misdemeanor and subject to civil action (Sec. 8). 
  • Prohibits local ordinances and all provisions of special, local, or private acts or resolutions from the following actions (Sec. 13):
    • Prohibiting the siting of wells for oil and gas exploration, development and production;
    • Prohibiting the use of horizontal drilling or hydraulic fracturing for the purpose of oil or gas exploration or development; and
    • Placing any restriction or condition not placed by this article upon oil and gas exploration, development, production activities, and use of horizontal drilling or hydraulic fracturing.
  • Requires any lease of oil or gas rights separate from the freehold estate of surface property to include a clause requiring the oil or gas developer to pay for the following water supply tests (Sec. 13):
    • The testing of water supplies within a 1.5 mile radius from a proposed wellhead at least 30 days prior to initial drilling activities
    • The minimum of 5 follow-up tests; and
    • The testing within 30 days after completion of production activities. 
  • Establishes the North Carolina Oil and Gas Commission and reconstitutes the North Carolina Mining and Energy Commission (Sec. 4).
  • Requires 7 members of the North Carolina Oil and Gas Commission to be appointed by the general assembly and 2 members to be appointed by the governor (Sec. 4). 

2013 Legislative Highlights

HB 250 – Amends Charter School Laws

K-12 Education

Signed on Jul 26, 2013

Vote to adopt a conference report that authorizes charter school expansion without approval of the State Board of Education.

  • Specifies that it is not a revision of a charter application for charter schools to perform any of the following actions without prior approval of the State Board of Education (Sec. 2):
    • Increase enrollment by up to 20 percent of the school’s previous year’s enrollment during the school’s second year of operation and annually thereafter;
    • Increase enrollment according to planned growth as authorized in its charter during the school’s second year of operation and annually thereafter; and
    • Expand to offer 1 grade higher if the school has operated for at least 3 years and has not been identified as having “inadequate performance”.
  • Authorizes charter schools to give enrollment priority to individuals including, but not limited to, the following (Sec. 1):
    • Siblings of currently enrolled students;
    • Siblings of students that have completed the highest grade level offered by the school; and
    • Children of the school’s full-time employees and the charter school’s board of directors. 
  • Specifies that within 1 year after a charter school begins operation, that charter school is required to make efforts for the population of the school to reflect the racial and ethnic composition of the general population residing within the local school administrative district in which the school is located, and will be subject to any court-ordered desegregation plan if deemed necessary by the local school administrative unit (Sec. 1).

HB 937 – Amends Firearm Laws

Transportation

Signed on Jul 29, 2013

Vote to pass a bill that amends firearm laws.

  • Authorizes an individual with valid concealed handgun permit to keep a concealed handgun in a closed compartment or container within the individual’s locked vehicle, if the vehicle is in a parking area that is owned or leased by the state (Sec. 1).
  • Authorizes an employee who lives on the campus of a public or private higher education institution to possess a concealed handgun while on campus if the following conditions are met (Sec. 2):
    • The employee’s residence is a single-family, detached residence;
    • The institution of higher education or nonpublic post-secondary education has not specifically prohibited the possession of a handgun;
    • The weapon is a handgun; and
    • The handgun is kept in a closed compartment of the employee’s locked vehicle.
  • Authorizes an individual with a valid concealed handgun permit to carry the handgun into an establishment where alcoholic beverages are sold and consumed, unless the owner of the establishment has posted signage prohibiting handguns on the premises (Sec. 3). 
  • Authorizes an individual who owns a property or business to post a “plainly” visible notice prohibiting concealed firearms within the premises (Sec. 3).
  • Requires the authorities to charge an individual with a Class 2 misdemeanor if an adult is found to have knowingly allowed a child who is 12 years old or younger to have access to, or be in possession of, any dangerous firearm unless the individual has permission of the child’s parent or guardian, and the child is under adult supervision (Sec. 4).
  • Increases the prison term limits of an individual convicted of a crime involving the use of a firearm to the following amounts (Sec. 5):
    • A 72 month increase if the felony is a Class A, B1, B2, C, D, or E felony;
    • A 36 month increase if the felony is a Class F or G felony; or
    • A 12 month increase if the felony is a Class H or I felony.
  • Requires the clerk of superior court in the state county to make a record of an individual to the National Instant Criminal Background Check System if the clerk receives certain judicial determinations including, but not limited to, the following judicial determinations (Sec. 7):
    • The individual is involuntarily committed to an inpatient or outpatient mental health treatment center;
    • The individual is not guilty by reason of insanity;
    • The individual is mentally incompetent to proceed to criminal trial; or
    • The individual cannot manage their own affairs due to mental illness or disease.

SB 353 – Authorizes Regulations for Abortion Services

Abortion

Signed on Jul 29, 2013

Vote to pass a bill that authorizes regulations for abortion services.

  • Prohibits health insurance plans offered through an exchange from including coverage for abortion services except under the following circumstances (Sec. 2):
    • The pregnancy is the result of rape or incest; or
    • The patient receiving the abortion is endangered by a physical disorder, illness, or injury arising from the pregnancy.
  • Prohibits a county from providing greater health insurance coverage for abortions than that of the State Health Plan for Teachers and State Employees (Sec. 2). 
  • Authorizes the Department of Health and Human Services to apply any requirement for the licensing of ambulatory surgical centers to abortion clinics (Sec. 4).
  • Prohibits an individual from performing or attempting to perform an abortion with the knowledge that a significant factor for the patient seeking the abortion is related to the sex of the fetus (Sec. 3).
  • Requires the physician performing a surgical abortion or providing any drugs for the purpose of inducing an abortion to be physically present the entire procedure or when the drug is first administered to the patient (Sec. 4).
  • Authorizes any “health care provider” to refuse to perform or participate in procedures which result in abortion on the grounds of religious objections (Sec. 1).

HB 589 – Amends Voter Registration Laws

Minors and Children

Signed on Aug 12, 2013

Vote to concur with Senate amendments and pass a bill that amends voter registration and campaign contribution laws.

  • Prohibits a voter’s ballot from being counted if the voter did not vote in the proper precinct (Sec. 49).
  • Authorizes a county to offer voter registration through the following public offices, pending approval (Sec. 5):
    • Through senior centers or facilities operated by the county; and
    • Through parks and recreation services operated by the county. 
  • Requires an individual voting in person to present “photo identification” to a local election official at the voting place before voting, except under the following circumstances (Sec. 2):
    • The individual has a held religious objection to being photographed and has filed a declaration at least 25 days before the election; or 
    • The individual is a victim of a natural disaster occurring within 60 days before Election Day that resulted in a disaster declaration by the President of the United States or the governor and submits the proper form. 
  • Defines “photo identification” as any 1 of the following identification methods that contains a photograph of the registered voter, has a printed expiration date, and is unexpired (Sec. 2):
    • A North Carolina driver’s license, including a learner’s permit or a provisional license;
    • A special identification card for non-operators; 
    • A United State passport;
    • A United States military identification card;
    • A Veterans Identification Card;
    • A tribal enrollment card issued by a federally recognized tribe;
    • A tribal enrollment card issued by a state recognized tribe; or
    • A driver’s license or non-operators identification card issued by another state but only if the voter’s voter registration was within 90 days of the election. 
  • Specifies that there is no requirement that a United States military or veterans identification card have a printed expiration or issuance date (Sec. 2). 
  • Authorizes an individual who does not provide a photo identification to vote using a provisional official ballot (Sec. 2).
  • Authorizes an individual 70 years or older to present expired photo identification that was unexpired on his or her 70th birthday (Sec. 2.).
  • Repeals same day voter registration (Sec. 16).
  • Authorizes primary election registration and voting for individuals who will become qualified by age to register and vote in the general election but not by the date of the primary election (Sec. 16). 
  • Requires the start of early voting to begin no earlier than the second Thursday before an election (Sec. 25). 
  • Prohibits the inclusion of a place from the official ballot that allows an individual to vote for the candidates of a party for more than one office with one mark (Sec. 32).
  • Increases the individual and political committee campaign donation limit from $4,000 to $5,000 (Sec. 42).

2012 Legislative Highlights

SB 820 – Authorizes Hydraulic Fracturing

Oil and Gas

Veto Overridden on Jul 2, 2012

Vote to pass a bill that authorizes hydraulic fracturing.

  • Requires the Mining and Energy Commission to regulate the process of horizontal drilling and hydraulic fracturing by requiring, at a minimum, the following standards (Sec. 2):
    • Information and data about drilling sites, which may include, how to prevent groundwater contamination;
    • Collection of baseline data on groundwater, surface water and air quality in locations where exploration is proposed;
    • Well construction standards;
    • Siting standards for wells and other gas production infrastructure;
    • Limits the amount of water used for drilling or fracturing purposes;
    • Management standards for waste produced as a result of oil or gas exploration;
    • Regulation of toxic air emissions from drilling sites;
    • Prohibition of the use of certain chemicals in hydraulic fracturing fuels, including diesel fuel;
    • Disclosures of chemicals used in oil or gas exploration; and
    • Installation of safety devices and development of protocols for chemical spills and well blowouts.
  • Establishes the North Carolina Mining and Energy Commission to regulate for the development of oil, gas and mining resources (Sec. 1).
  • Specifies that any person who does not secure a permit prior to drilling a well or using hydraulic fracturing treatments is subject a a fine of not more than $25,000 a day (Sec. 2).
  • Requires oil and gas developers to pay compensation for damages and provide a replacement water supply in the case of a contamination of a private drinking water well or water supply that is within 5,000 feet of a wellhead at a drilling site, unless the developer can prove one of the following (Sec. 4):
    • The contamination existed prior to drilling;
    • The owner of the water supply refused access to the developer to a perform a
    • pre-drilling test on their private well;
    • The well is not within 5,000 feet of a well head that is part of the developer's drilling; or
    • The contamination occurred as a result of another cause.
  • Establishes the Joint Legislative Commission on Energy Policy, consisting of 5 members of the House and 5 members of the Senate, to exercise legislative oversight on the state's energy policy (Sec. 6).

HB 819 – Prohibits Calculating Sea Level Change Until 2016

Federal, State and Local Relations

Signed on Aug 3, 2012

Vote to pass a bill that requires the use of historical data to determine rates of sea-level rise, effective upon passage.

  • Requires the use of “statistically significant” peer reviewed historical rates of sea-level rise in predicting future rates of sea-level rise (Sec. 2).
  • Prohibits the inclusion of accelerated rates of sea-level rise in predictions unless the rates are consistent with historical trends (Sec. 2).
  • Specifies that only the Coastal Resources Commission is authorized to define rates of sea-level rise for regulatory purposes (Sec. 2).
  • Requires the rates of sea-level rise for ocean front and estuarine shorelines to be considered separately (Sec. 2).

2011 Legislative Highlights

SB 33 – Medical Malpractice Amendments

Legal

Veto Overridden on Jul 25, 2011

Vote to pass a bill that amends medical liability laws.

  • Establishes that in any medical malpractice action relating to a medical emergency, the defendant's health care provider shall not be held liable for the payment of damages unless it is established in court that the health care provider's deviation from the standard of care included gross negligence, wanton conduct, or intentional wrongdoing (Sec. 1).
  • Establishes that if the plaintiff in a medical malpractice action seeks damages of $75,000 or more, the court shall order separate trials for both the issue of liability and the issue of damages (Sec. 2).
  • Defines "noneconomic damages" as damages to compensate for pain, suffering, emotional distress, loss of consortium, inconvenience, physical impairment, disfigurement, and any other nonmonetary, compensatory damage (Sec. 3).
  • Establishes that in any medical malpractice action in which the plaintiff is entitled to receive an award of noneconomic damages, the total amount of noneconomic damages shall not exceed $500,000 per plaintiff (Sec. 3).
  • Defines "future economic damages" as damages for the future expense for medical treatment, care or custody, loss of future earnings, loss of future household services, and any other future monetary damages of the plaintiff following the date of the verdict or award (Sec. 4).
  • Requires the presiding judge in any medical malpractice action to order that the future economic damages of the plaintiff be paid off by periodic payments if the future economic damages award is $200,000 or more and if any party requests it (Sec. 4).

HB 854 – Abortion Requirements

Abortion

Veto Overridden on Jul 28, 2011

Vote to pass a bill that requires physicians to provide certain information at least 24 hours prior to performing an abortion.

  • Requires physicians to provide certain information including, but not limited to, the following at least 24 hours prior to performing an abortion (Sec. 1):
    • Information about the medical risks associated with that particular abortion procedure;
    • Information about the medical risks associated with carrying the child to term;
    • The probable gestational age of the fetus at the time the abortion procedure is to be performed;
    • A display of a real-time view of the fetus and heart tone monitoring that enables the pregnant woman to view her fetus or listen to the heartbeat of the fetus;
    • Information about medical assistance benefits that may be available for prenatal care, childbirth, and neonatal care;
    • Information about how the father of the fetus is required to assist in the support of his child; and
    • Information about alternatives to abortion, including keeping the baby or putting it up for adoption.
  • Exempts abortions performed as a result of a "medical emergency" from the provisions of this bill (Sec. 1).
  • Defines "medical emergency" as a condition which so complicates the condition of the pregnant woman that an immediate abortion is necessary in order to avert her woman's death or to prevent substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions (Sec. 1).
  • Requires a physician or qualified professional to inform the woman of the following services, if the physician or qualified professional has reason to believe that a woman is being coerced into an abortion (Sec. 1):
    • Rape crisis centers;
    • Shelters for victims of domestic violence;
    • Restraining orders; and
    • Pregnancy care centers.

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