EDPP Legislative Update

By: Jeremy Todd Browner, Esq.November 6, 2014

SL 2014-3Omnibus Tax Law Changes

– Eliminates Local Privilege License– Allows occupancy taxes on private houses rented

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SL 2014-4Energy Modernization Act

• (1) extend the deadline for development of a modern regulatory program for the management of oil and gas exploration, development, and production in the state and the use of horizontal drilling and hydraulic fracturing treatments for that purpose;

• (2) enact or modify certain exemptions from requirements of the administrative procedure act applicable to rules for the management of oil and gas exploration, development, and production in the state and the use of horizontal drilling and hydraulic fracturing treatments for that purpose;

• (3) authorize issuance of permits for oil and gas exploration, development, and production activities sixty days after applicable rules become effective;

• (4) create the North Carolina oil and gas commission and reconstitute the North Carolina mining commission;

• (5) amend miscellaneous statutes governing oil and gas exploration, development, and production activities;

• (6) establish a severance tax applicable to oil and gas exploration, development, and production activities;

• (7) amend miscellaneous statutes unrelated to oil and gas exploration, development, and production activities; and

• (8) direct studies on various issues, as recommended by the joint legislative commission on energy policy.

SL 2014-11Repeal 1935 Durham Co. Firearm Act

• An act to repeal a 1935 Durham county local act concerning firearm registration.

SL 2014-13Respect for Student Prayer/Religious Activity

• An act to clarify student rights to engage in prayer and religious activity in school, to create an administrative process for remedying complaints regarding exercise of those student rights, and to clarify religious activity for school personnel.

SL 2014-14Stormwater Management Fee Uses

• An act to broaden the permitted use of stormwater fees.

SL 2014-16Verification/Jurisdiction in Juvenile Cases.

• An act to require the court to consider whether a juvenile petition has been properly verified and jurisdiction has been invoked at the pre-adjudication hearing, as recommended by the LRC committee on omnibus foster care and dependency.

SL 2014-17Groundwater Contamination/Modify Response.

• An act clarifying that certain civil actions relating to groundwater contamination are not subject to the ten-year statute of repose set forth in G.S. 1-52.

SL 2014-21Sex Offender/Expand Residential Restrictions.

• An act to amend the law that imposes residential restrictions on sex offenders to provide that a sex offender is prohibited from residing within one thousand feet of a site where a Boys And Girls Club Of America is located.

SL 2014-28Student Organizations/Rights & Recognition.

• An act to provide that student organizations at constituent institutions and community colleges may determine the organization's core functions and resolve any disputes of the organization and to prohibit constituent institutions and community colleges from denying recognition to organizations for exercising these rights.

SL 2014-40Governing Bodies/Collect Unpaid Judgments.

• An act authorizing counties and cities to attach and garnish a member of the governing body if the county or city has been granted a money judgment against that member and the money judgment has not been satisfied.

SL 2014-50Ensuring Privacy of Student Records

• An act to ensure the privacy and security of student educational records.

SL 2014-53Hope for Haley and Friends

• An act to create an intractable epilepsy alternative treatment pilot study program and registry for the scientific investigation of the safety and efficacy of hemp extract treatment for intractable epilepsy.

SL 2014-58DOT/DMV Changes

• Authorize continuances of division of motor vehicles inspection station violation cases;

• Apply alternate prioritization criteria under the strategic transportation investments act formula to federal and state funds used for emergency repair work

• Authorize the department of transportation to install and operate ramp meters and to provide that violation of a ramp meter signal is an infraction

SL 2014-61Conform Pledge of Joint Account Laws

• An act to conform the law governing the pledge of joint accounts in credit unions, savings and loan associations, and savings banks to the law governing the pledge of joint accounts in banks, as recommended by the general statutes commission.

SL 2014-732 Co. Comm./Durham Tech. Bd.

• An act authorizing two county commissioners to serve on the board of Durham Technical Community College.

SL 2014-90Building Reutilization for Economic Dev. Act.

• An act to amend the applicability of the energy conservation code to certain existing nonresidential buildings

• To clarify stormwater program impervious surface calculations for redevelopment

• To create an exemption from the North Carolina environmental protection act for the reoccupation of an existing building or facility.

SL 2014-93Escheat Savings Bond Trust Fund/Scholarships.

• An act to provide that unclaimed United States savings bonds shall escheat to the state,

• To direct the treasurer to redeem those United States savings bonds escheated to the state,

• To create an escheat savings bond trust fund within the escheat fund for deposit of the proceeds of those redemptions,

• To provide that interest and investment earnings from the escheat savings bond trust fund shall be used to fund scholarships to worthy and needy students who are residents of North Carolina and are enrolled in public institutions of higher education in North Carolina.

SL 2014-94Zoning/Health Care Structure.

• An act relating to zoning provisions for temporary health care structures.

SL 2014-108DOT/DMV Changes #2

• An act to make various changes to laws affecting the department of transportation and the division of motor vehicles.– Allows DMV alcohol hearings from ignition

interlock systems to be heard in county where defendant resides.

SL 2014-103NC Farm Act of 2014

• Maintain the confidentiality of environmental investigations for agricultural operations and direct the department of environment and natural resources to adopt rules for a formal complaint procedure;

• Clarify the authority of local governments to adopt ordinances related to fertilizer;

• Rewrite the landscape contractor licensing statutes; • Allow the use of pesticides to control moles; • Classify trespassing on an agricultural facility as a first degree trespass; • Require written consent to operate an all-terrain vehicle on property

owned by another; • Allow drainage districts to maintain ditches in buffer zones; • Permit security grilles at all exits of a building subject to certain

conditions;

2014-114Registration for Mopeds

• An act to require mopeds to be registered with the division of motor vehicles.– Mopeds will be treated as a motorcycle for

registration purposes.

SL 2014-113Reclaimed Water as a Source Water

• An act to designate reclaimed water as a source water under certain conditions.

SL 2014-110NC Commerce Protection Act of 2014

• An act to create transparency in contracts between the attorney general and private attorneys;

• To prevent the abuse of patents;• To allow for shareholder assent to exclusive

forum, and;• To limit asbestos-related liabilities for certain

successor corporations.

SL 2014-100Appropriations Act of 2014

• Moves SBI and ABC/ALE to NC DPS from AG• Regulates Drones• School districts must put KNOX boxes on all school buildings and provide

schematic diagrams and emergency response info• Schools must provide emergency epinephrine auto injectors• UNC Staff and Faculty entitled to 3 courses per year for free instead of 2• Abolishes 4 Special Superior Court Judgeships• Adds two business court judgeships• ADA allocations via workload formulas of the National Center for State

Courts• Authorizes court to assess fee for costs of private hospital toxicology

reports• 3 Judge panel to rule on claims that act of GA is facially invalid

SL 2014-107Implement GSC Recommendations

– To modify the slayer statute due to the need to account for property held in a joint tenancy in unequal shares

– To clarify the provisions for filing certified copies of probated wills in other counties where a decedent has real property

– To delete the statutory forms for judgment debtors claiming exemptions under G.S. 1C-1601

– To clarify the requirements for the timely substitution of a personal representative in place of a decedent in an action pending at the decedent's death

– To clarify that the common law rule against accumulations does not apply to trusts in this state

SL 2014-102Business Court Modernization

• An act to modernize the business court by making technical, clarifying, and administrative changes to the procedures for complex business cases

• To streamline the process of corporate reorganization utilizing holding companies

SL 2014-99Exempt Time Shares/Rule Against Perpetuities.

• An act to exempt certain real estate time shares from the rule against perpetuities.