1. law, govt and politics
2. government
3. courts and judiciary

Weekly Legislative Report
April 2, 2015
In a historic move for the North Carolina General Assembly, both the House and the
Senate have agreed to take a "spring break" next week. Recognizing that many schools are out of
session for a spring break the week after Easter, the General Assembly decided to take a break as
well. This will allow legislators, staff, lobbyists and others to spend some time with their families
and take care of other personal matters which often get neglected during the course of the
legislative session.
During this upcoming week, there will be no legislative committee meetings and no
recorded votes taken in either the House or Senate. On a couple of days during the week there
may be a "skeleton" session where the House and Senate convene and then promptly adjourn
without taking any action. These skeleton sessions are necessary to comply with a legal
requirement that the House and Senate cannot adjourn for more than three days without
following certain procedural steps.
Although the House and Senate will officially be on break next week, there will probably
be legislative leaders continuing to meet behind closed doors in strategy sessions as they prepare
for the remainder of the legislative session.
The House and Senate adjourned Thursday and will reconvene for business on Monday,
April 13, 2015.
BILLS OF INTEREST
HOUSE BILL 367, NC Consumer Fireworks Safety Act, would permit the sale, possession, and
discharge of certain consumer fireworks under the following conditions:
1.
The person possessing or using the consumer fireworks would have to be at least
18 years old;
2.
The use of consumer fireworks would be permitted only between the hours of 10
a.m. and 10 p.m. except for other times specified by the bill on July 4th,
December 31st, and January 1st;
3.
The discharge of consumer fireworks would be prohibited in or on the premises of
a public or private primary or secondary school, on the campus of a college or
university (unless written authorization was received), or within 500 feet of a
hospital, veterinary hospital, child care center, fireworks retailer or distributor, gas
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
station, or bulk storage facility for petroleum products or other explosive or
flammable substances;
4.
The possession or discharge of consumer fireworks would be prohibited in or on
the premises of any public park or public space, unless otherwise permitted by the
state agency or unit of local government who owns or controls the space.
A county or city would be allowed to prohibit the use, possession, or sale of consumer fireworks
by ordinance. The bill would also prohibit consumer fireworks from being sold without a permit
issued by a county or city authorized to issue retail fireworks permits. Any violations of this Act
would be punishable as a Class 2 misdemeanor, except that it would be a Class 1 misdemeanor if
the exhibition is indoors. Introduced by Representatives Brody, Bumgardner, Hager and
Waddell, and assigned to the House Committee on Regulatory Reform.
HOUSE BILL 370, Certain Local Govts in State Health Plan, would allow Polk County and
Transylvania County to join Montgomery County on the list of counties that are eligible to enroll
their employees and dependents in the State Health Plan for Teachers and State
Employees. Introduced by Representative Whitmire, and assigned to the House Committee
on Pensions and Retirement.
HOUSE BILL 374, IDS Efficiency Act, would give $1.6 million to the Office of Indigent
Defense Services to establish a system of automated kiosks in certain local confinement facilities
to allow attorneys representing indigent defendants to consult with their clients remotely in order
to save the time and expense of traveling to and from those facilities. Introduced by
Representatives Zachary, Stam, Reives and Faircloth, and assigned to the House Judiciary
II Committee.
HOUSE BILL 380, Statewide School Safety Management, would direct the Department of
Public Safety’s Division of Emergency Management and Center for Safer Schools to construct
and maintain a statewide School Risk and Response Management System. The system would
integrate and leverage data and applications that support school risk planning and exercise,
monitoring, and emergency response via 911 dispatch.
The Department of Public Safety’s Division of Emergency Management and Center for Safer
Schools, in conjunction with the Department of Public Instruction and the North Carolina 911
Board, would also be directed to implement and maintain an anonymous safety tip line to receive
student information on internal or external risks to school buildings or school-related activities
and a statewide panic alarm system for displaying that information.
The bill would also require that each principal or other school official, at least once annually,
hold a school-wide tabletop exercise (an exercise involving key personnel conducting simulated
scenarios related to emergency planning) or drill based on the procedures in their School Risk
Management Plan. Schools would be “strongly encouraged” to include local law enforcement
and emergency management agencies in these drills. Current law does not require, only
encourages, each school administrative unit to hold a school safety exercise at least every two
Page 2 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
years. Introduced by Representatives Holloway, Glazier, Blackwell and Faircloth, and
assigned to the House Committee on Education - K-12.
HOUSE BILL 383, Clarify Statutory Scheme/Sex Offenses, would rename and renumber various
sex offenses in our General Statutes to make them more easily distinguishable from each other
(as recommended by the North Carolina Court of Appeals in the criminal case of State v. Hicks,
No. COA 14-57, 17 February 2015). For example, first degree rape and first degree sexual
offense would be separated from second degree rape and second degree sex offense. Introduced
by Representatives Glazier, Stam, Jordan and Faircloth, and assigned to the House
Judiciary II Committee.
HOUSE BILL 384, Greensboro/Police Disciplinary Actions, would apply only to the City of
Greensboro, and would allow information concerning how internal disciplinary charges against
an officer were disposed of to be released to a police citizen review board or to any other person
with concurrence of the City Council when the release is determined to be essential to
maintaining public confidence in city services. Introduced by Representatives Johnson,
Brockman and Harrison, and assigned to the House Committee on Rules, Calendar, and
Operations of the House.
HOUSE BILL 391, Reduce ABC Fees Paid by VFW Post, would reduce the renewal application
fee for an ABC permit issued to a Veterans of Foreign Wars (VFW) post by ninety percent
(90%). The bill would also reduce the annual registration and inspection fee for a malt beverage,
fortified wine, or unfortified wine permit to $40 instead of $400 for a VFW post. Introduced by
Representative Bumgardner, and assigned to the House Committee on Alcoholic Beverage
Control.
HOUSE BILL 395, Body and Dashboard Cameras/Law Enforcement, would require a law
enforcement officer, as well as on-duty State correctional officers, to wear and activate a bodyworn camera during any recordable interaction, i.e., arrests, searches, pursuits. A body-worn
camera would be defined as “an operational video camera provided by a law enforcement agency
and affixed to a law enforcement officer’s uniform and positioned in a way that allows the video
camera to capture interactions the law enforcement officer has with the public. This definition
would include a microphone or other mechanism for allowing audio capture.” The term law
enforcement agency would only apply to local law enforcement agencies located in a county
with a population of 200,000 people or more.
The law enforcement officer would be prohibited from deactivating a body-worn camera until: 1)
the conclusion of the recordable interaction; 2) the law enforcement officer has left the scene; 3)
a supervisor, while being recorded, authorizes the officer to deactivate the camera; or 4) an
exception authorizes deactivation. Exceptions to activating a body-worn camera would include:
1.
Interactions with confidential informants and undercover officers;
2.
During routine, non-law enforcement related activities, such as when an officer is
engaged in a personal conversation;
Page 3 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
3.
When an officer is providing training or making a presentation to the public;
4.
When entering a private residence under nonexigent circumstances, unless
consent is given;
5.
When conducting a strip search unless consent is given; or
6.
Interactions with a victim or witness, unless consent is given.
A law enforcement officer would be required by their employing agency to sign a waiver of
consent to be recorded and an acknowledgement of the requirements of the statute governing
body-worn cameras.
The bill further provides that a law enforcement agency would be able to disclose or provide a
copy of any recording captured by a body-worn camera to any person who submits a written
request to the law enforcement agency, subject to certain exceptions. A law enforcement agency
would be required to retain an original, unredacted recording captured by a body-worn camera
for the longer of: 1) 60 days from the date of the recording; 2) the period specified in a court
order; or 3) 10 days from the date an administrative, civil, or criminal proceeding in which the
recording was used as evidence concludes.
The Governor’s Crime Commission would be given $10 million split over two years to provide
grants to law enforcement agencies for the purchase and maintenance of body-worn cameras.
The bill also requires that if a law enforcement vehicle is equipped with a dashboard camera, a
law enforcement officer must activate the camera when engaging in a traffic stop, vehicle
pursuit, vehicle search, or other interaction with the public that is within range of the camera,
subject to the same type of exceptions as those discussed above for body-worn cameras. The bill
does not however require the installation of a dashboard camera in a law enforcement vehicle.
This bill is opposed by the North Carolina Sheriffs’ Association. Introduced by
Representatives Alexander, Brockman, Floyd and Hanes, and assigned to the House
Committee on Appropriations.
HOUSE BILL 397, Clarify Protections/Exploitation of Elders, would clarify that assets seized
from a defendant who is convicted of exploitation of an older or disabled adult would be used to
satisfy any restitution ordered by the court to be paid by the defendant to his/her
victim. Introduced by Representatives Glazier, Reives, Stam and Faircloth, and assigned to
the House Judiciary II Committee.
HOUSE BILL 399, Young Offenders Rehabilitation Act, would have the effect of raising the age
of juvenile jurisdiction to include 16 and 17 year olds who have committed misdemeanor crimes.
This bill would create the Juvenile Jurisdiction Advisory Committee (Committee), which would
be a part of the Division of Adult Correction and Juvenile Justice. The Committee would consist
of 24 members as follows:
Page 4 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
1.
The Chief Deputy Secretary of the Division of Juvenile Justice;
2.
The Director of the Administrative Office of the Courts;
3.
The Director of the Division of Mental Health, Developmental Disabilities, and
Substance Abuse Services of the Department of Health and Human Services;
4.
The Chief Deputy Secretary of the Division of Adult Correction;
5.
The Secretary of the Department of Public Safety;
6.
The Superintendent of Public Instruction;
7.
The Secretary of the Department of Administration or a designee;
8.
The juvenile defender in the Office of Indigent Defense;
9.
One representative from the Governor’s Crime Commission;
10. One representative from the North Carolina Sentencing and Policy Advisory
Commission;
11. Three members of the House of Representatives;
12. Three members of the Senate;
13. Two chief court counselors, one from a rural county and one from an urban
county;
14. One present or former chief district court judge or superior court judge;
15. One police chief and one sheriff appointed by the President Pro Tempore of the
Senate;
16. One District Attorney; and
17. Two representatives from the juvenile advocacy community.
The Committee would have the duty to develop a plan to implement any changes in the juvenile
justice system that would be required to extend jurisdiction in delinquency matters to 16 and 17
year olds charged with misdemeanor crimes. The Committee would also be required to establish
a Juvenile Civil Citation Subcommittee for the purpose of providing “an efficient and innovative
alternative to custody for juveniles who commit nonserious delinquent acts."
The bill also provides that if a court finds that a juvenile at least 16 years old committed a
misdemeanor offense and was a member of a street gang when the crime was committed, the
Page 5 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
court would be required to transfer jurisdiction of the juvenile from juvenile court to district
criminal court. This bill is opposed by the North Carolina Sheriffs’ Association. Introduced
by Representatives Avila, Farmer-Butterfield, Jordan and Hall, and assigned to the House
Judiciary II Committee.
HOUSE BILL 419, Protect Officers From Retaliation, would apply only to city law enforcement
agencies and unified city/county government police departments. [When this bill was introduced
in 2013 it would have applied to sheriff’s offices also.]
The bill would provide that the law enforcement agency would not be able to discharge or
otherwise discriminate against a law enforcement officer if the officer reports:
1.
A violation of State or federal law or rules;
2.
Fraud;
3.
Misappropriation of State or local government resources;
4.
Substantial and specific danger to public health and safety; or
5.
Gross mismanagement, a gross waste of monies, or gross abuse of authority.
Additionally, no police department would be able to discharge or retaliate against an officer
because the officer refused to carry out a directive that constituted a violation of State or federal
law or rules, or posed a substantial and specific danger to public health and safety.
Similarly, other law enforcement officers would not be able to retaliate against a police officer
because that officer reported any of the violations listed above or refused to carry out a directive
that may be a violation of State or federal law or rules, or which may pose a substantial and
specific danger to public health and safety.
Law enforcement officers would be authorized to bring a civil action in superior court for
damages for alleged violations of these protections. The court would be allowed to enter an order
preventing any prohibited behavior, award damages, or provide for the reinstatement of the
officer and award attorney’s fees. This bill is opposed by the North Carolina Sheriffs’
Association, the North Carolina Association of Chiefs of Police, the North Carolina
Association of County Commissioners, the North Carolina League of Municipalities and
the Employers Coalition of North Carolina. Introduced by Representatives Conrad, Avila,
Dollar and Cotham, and assigned to the House Judiciary I Committee.
HOUSE BILL 422, Amend Funeral Procession Law, would allow funeral processions to have
the right of way at intersections regardless of traffic control signs or signals, except that the
operator of any vehicle in a funeral procession would have to yield the right of way to law
enforcement, fire protection, rescue, or other emergency vehicles. Introduced by
Representatives Alexander, Boles and Hunter, and assigned to the House Committee on
Transportation.
Page 6 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
HOUSE BILL 428, Permanent Plates/Charter Schools, would authorize the Division of Motor
Vehicles to issue permanent registration plates to charter schools. Introduced by
Representatives Riddell, Jones, Conrad and Hardister, and assigned to the House
Committee on Transportation.
HOUSE BILL 434, Handicap Placard/Med. Recertification, would provide that medical
recertification is not required for renewals of removable windshield handicapped placards if the
person is certified as totally and permanently disabled. Introduced by Representatives Martin,
Torbett and Lucas, and assigned to the House Committee on Transportation.
HOUSE BILL 435, McDowell/Burke Firing from Road, would apply only to Burke and
McDowell Counties and would provide that it would be a Class 3 misdemeanor for anyone to
discharge a firearm from, on, or across the right-of-way of NC Highway 105 or NC State Road
1238. Violations would be enforceable by Wildlife Resources Commission law enforcement
officers, deputy sheriffs, and any other law enforcement officers with general subject matter
jurisdiction. Introduced by Representative Dobson, and assigned to the House Judiciary II
Committee.
HOUSE BILL 441, Concealed Carry/Legislative Building, would allow a legislator or legislative
employee who has a valid concealed handgun permit to carry a concealed handgun on the
premises of the State legislative buildings and grounds. Introduced by Representatives Collins,
Pittman and Speciale, and assigned to the House Judiciary I Committee.
HOUSE BILL 443, Nondiscrimination in Public Employment, is identical to Senate Bill 612
summarized below in this week’s Weekly Legislative Report. Introduced by Representatives
Luebke, Cotham, Glazier and Willingham, and assigned to the House Judiciary I
Committee.
HOUSE BILL 445, Reorganize Crim. Just. Standards Comm, would add one representative from
the State Lodge of the Fraternal Order of Police and one representative from the North Carolina
Police Benevolent Association to the membership of the North Carolina Criminal Justice
Education and Training Standards Commission (Commission). This bill would also reduce the
membership of the North Carolina Police Executives Association and the North Carolina Law
Enforcement Officers Association (NCLEOA) by one membership seat each on the Commission
and requires the remaining NCLEOA appointee to be a full-time officer. This bill is opposed by
the North Carolina Sheriffs’ Association, the North Carolina Association of Chiefs of Police
and others. Introduced by Representatives Jordan, Pendleton, Stam and Glazier, and
assigned to the House Judiciary II Committee.
HOUSE BILL 446, Amend Statutes Governing Bail Bondsmen, would increase the minimum
age to become a bail bondsman or bail runner from 18 to 21 years of age. Additionally, bail
bondsmen and bond runners would be allowed access to information systems that contain
criminal process accessible by law enforcement and judicial officials. Introduced by
Representatives Jordan, Wray, Turner and Schaffer, and assigned to the House Committee
on Regulatory Reform.
Page 7 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
HOUSE BILL 449, Strengthen Law Enforcement Access/DV Crimes, would provide that, after a
judge has set the conditions of pretrial release for a defendant in a domestic violence crime, the
magistrate that initially processed the defendant would be required to enter the defendant's
pretrial release conditions into the North Carolina Warrant Repository (NCAWARE). The clerk
of court would be required to enter into NCAWARE all subsequent modifications to the
defendant's pretrial release conditions.
The bill would also provide that the crime of habitual misdemeanor assault would be amended so
that this crime would be committed if a person violates G.S. 14-33 (misdemeanor assault) or
G.S. 14-34 (assault by pointing a gun) and has one or more prior convictions for either
misdemeanor or felony assault. Currently, for a person to commit the crime of habitual
misdemeanor assault, the defendant would have to commit an assault and cause physical injury
to his/her victim and have two or more prior convictions of misdemeanor or felony assault, with
the earlier of the two prior convictions occurring no more than 15 years prior to the date of the
current violation. This crime would remain a Class H felony. Introduced by Representatives
Moore, Fisher and Alexander, and assigned to the House Judiciary I Committee.
HOUSE BILL 451, LRC/Study Suicide Prevention, would direct the Legislative Research
Commission to examine ways to prevent suicide in law enforcement officers, firefighters, and
emergency medical services personnel among others. Introduced by Representatives
Cunningham, Horn, Earle and Whitmire, and assigned to the House Committee on Rules,
Calendar, and Operations of the House.
HOUSE BILL 456, Clarify Weight Limits/Ag. Vehicles, would clarify that road weight
limitations would not apply to agricultural dairy or crop products being transported from a farm
to a processing plant or market. Introduced by Representative Turner, and assigned to the
House Committee on Transportation.
HOUSE BILL 460, Reporting of Animal Incidents, would allow any person who has suffered a
bite, scratch, or other injury inflicted by a domestic animal not owned by the person, or by a wild
animal, to notify the appropriate law enforcement agency that the incident occurred and that
injury resulted from the incident. If the incident occurs in a city or town, a police department
would be the appropriate agency to notify. If the attack occurs outside the city or town, a
sheriff’s office or any county police department would be the appropriate law enforcement
agency to notify.
A law enforcement agency receiving this notification would be required to investigate the
incident within 24 hours of receiving the notification and would be required to complete a
written report describing the injury and how it happened. Introduced by Representative
Warren, and assigned to the House Committee on Wildlife Resources.
HOUSE BILL 462, Special Elect./Sheriff Vacancy/Washington Cty, would apply only to
Washington County and would provide that if a vacancy occurs in the Office of Sheriff after a
person has been elected to the office, but before the person qualifies for that office (for example,
failure to take the oath of office), then the office would be declared vacant and the board of
county commissioners (board) would fill the vacancy by appointment until a special election
Page 8 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
could be held to elect a sheriff for a four-year term. The board would be authorized to call a
special election to fill the vacancy in the Office of Sheriff. Introduced by Representative Tine,
and assigned to the House Committee on Elections.
HOUSE BILL 465, Clarify & Modify Certain Abortion Laws, would provide that a doctor who
advises or causes a miscarriage or abortion after the 16th week of a woman's pregnancy would
have to record the method used by the doctor to determine the probable age of the unborn child,
the measurements of the unborn child and an ultrasound image of the child that depicts the
measurements. The doctor would be required to provide this information to the Department of
Health and Human Services (DHHS).
Additionally, any doctor that procures or causes a miscarriage or abortion after the 20th week of
a woman's pregnancy would be required to record the findings on which the doctor based a
determination that continuing with the pregnancy would threaten the life or health of the woman.
This information would also be required to be provided to DHHS.
This information would be maintained by DHHS for statistical purposes only and the
confidentiality of the patient would be protected.
Prior to performing an abortion, a doctor would have to provide the woman with various
information concerning the abortion and alternatives to abortion at least 72 hours prior to the
procedure. Currently, the law provides that this information has to be provided to the woman at
least 24 hours prior to the abortion.
Additionally, the medical school at East Carolina University and at The University of North
Carolina at Chapel Hill would be prohibited from allowing an employee to perform or supervise
an abortion as a part of the employee’s official duties. This prohibition would not apply where
the life of the mother would be endangered if the child was carried to full term or the pregnancy
is the result of a rape or incest. Introduced by Representatives Schaffer, McElraft, Turner
and Martin, and assigned to the House Committee on Health.
HOUSE BILL 477, LEO Privacy Protection, is identical to Senate Bill 516 summarized in the
March 27, 2015 Weekly Legislative Report. Introduced by Representatives Malone, Saine,
Faircloth and McNeill, and assigned to the House Judiciary II Committee.
HOUSE BILL 479, Auto Salvage Dealer Protection Act, would provide that a secondary metals
recycler or salvage yard would not be liable, either civilly or criminally, for the loss of or
damage to a motor vehicle if certain conditions are met. The recycler or salvage yard would be
protected from liability if the motor vehicle that was purchased by the recycler or salvage yard is
10 years old or older and certain descriptive information about the vehicle is collected at the time
of purchase. The recycler or salvage yard would also be required, within 72 hours of each day's
close of business, to enter descriptive information about the vehicle in the National Motor
Vehicle Title Information System. Introduced by Representatives Pittman, Speciale, Ford
and Saine, and assigned to the House Judiciary II Committee.
HOUSE BILL 486, Law Enforcement Officer/Discharge Weapon, would require the Department
Page 9 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
of Public Safety (DPS) to collect, maintain and annually publish the number of times a law
enforcement officer discharges his/her firearm for purposes other than training. DPS would also
be directed to collect information on the number of deaths resulting from the use of any deadly
force by law enforcement officers in the course and scope of their official duties. Introduced by
Representative Baskerville, and assigned to the House Committee on Rules, Calendar, and
Operations of the House.
HOUSE BILL 499, Study/Public Records & Open Meetings, would create the Joint Legislative
Study Committee on Public Records and Open Meetings. The Committee would consist of 10
members, 5 from the House of Representatives and 5 from the Senate. The Committee would
examine existing State laws regarding public access to government records and meetings as
compared to legislation enacted in other states that allows for greater public access than currently
exists in North Carolina. Introduced by Representatives Collins, Hall, Hamilton and Blust,
and assigned to the House Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 501, U.S. Service Academies Special Plates, would authorize the Division of
Motor Vehicles to produce special registration plates for the United States Service Academies.
Introduced by Representatives Martin, Avila, Whitmire and Adcock, and assigned to the
House Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 506, 911 Fund Distribution, would require that a decision by the 911 Board to
deny a distribution of funds for expenses incurred by a Public Safety Answering Point (PSAP)
would have to be in writing and state the reason for the denial, along with information about
appealing the decision to deny.
This bill would also expand the purposes for which a PSAP could use funds distributed from the
911 fund. A PSAP would be able to pay for station transmitters, towers, microwave links,
antennae, and all other transmission equipment, located on or otherwise attached to any tower
used to dispatch emergency call information from the PSAP. Introduced by Representatives
Boles and McNeill, and assigned to the House Committee on Local Government.
HOUSE BILL 508, Alarm Registration Info Not Public Record, would apply only to the City of
Wilson. Registration and security information compiled by the City of Wilson pursuant to an
alarm registration ordinance would not be a public record. An alarm registration ordinance would
mean any ordinance that requires owners of security, burglar, fire, or similar alarm systems to
register with the city. Introduced by Representative Martin, and assigned to the House
Judiciary II Committee.
HOUSE BILL 512, Amend/Clarify Back-Up PSAP Requirements, would delay the time within
which counties would be required to fully implement a backup Public Safety Answering Point
(PSAP). Currently, a PSAP has to have a plan and means in place by July 1, 2016 for 911 call
taking in the event 911 calls cannot be received by the primary PSAP. This bill would provide
that a PSAP would either have to show a plan for backup 911 call taking by July 1, 2016 or show
that substantial progress has been made toward implementation of the plan. Introduced by
Representatives Martin, Steinburg, Saine and Brown, and assigned to the House
Committee on Local Government.
Page 10 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
HOUSE BILL 517, Assignment of Death Benefits, would allow for a portion of the statutory
death benefits due to a deceased law enforcement officer to be assignable by the beneficiary to
pay the funeral expenses of the deceased member, with any balance refundable to the
beneficiary. Introduced by Representatives Hunter, Alexander and Boles, and assigned to
the House Judiciary I Committee.
HOUSE BILL 523, Drivers License Designation/American Indian, would direct the Division of
Motor Vehicles to use the designation “AI" on a drivers license when listing the race of an
applicant who is American Indian. Introduced by Representatives Graham, Steinburg,
Waddell and Pierce, and assigned to the House Judiciary I Committee.
HOUSE BILL 529, NC Drivers License Restoration Act, is virtually identical to Senate Bill 588
summarized below in this week’s Weekly Legislative Report. Introduced by Representatives
Baskerville and Bryan, and assigned to the House Judiciary IV Committee.
HOUSE BILL 532, Hard Apple Cider/Growlers, would allow certain ABC permittees to sell
hard cider in growlers (clean, sanitized and resealable containers) for consumption off premises.
Introduced by Representatives McGrady, Jeter, West and Fisher.
HOUSE BILL 536, School Bus Cameras/Civil Penalties, is identical to Senate Bill 298
summarized in the March 20, 2015 Weekly Legislative Report.
HOUSE BILL 537, Protect Law Enforcement & Comm. Relationships, would require law
enforcement officers to wear and activate a body-worn camera during any “recordable
interaction” with a citizen. A recordable interaction with a citizen would be any interaction
between a law enforcement officer and a member of the public, including an inmate of a State
correctional facility. This interaction would include traffic stops, arrests, searches, interrogations,
interviews with victims and witnesses, and pursuits.
This requirement to wear body-worn cameras would only apply to local law enforcement
agencies located in a county with a population of 200,000 people or more.
A law enforcement officer would not be required to activate a body-worn camera in any of the
following places or situations:
1.
Interactions with confidential informants and undercover officers;
2.
During routine, non law enforcement related activities, such as when a law
enforcement officer is engaged in a personal conversation, using the restroom, or
when dressing or undressing in a locker room; or
3.
When a law enforcement officer is providing training or making a presentation to
the public.
A law enforcement agency would have to keep an original, unredacted recording captured by a
body-worn camera for a “reasonable period of time" as determined by the law enforcement
Page 11 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
agency. $5 million would be appropriated from the general fund to the Governor's Crime
Commission to provide grants to law enforcement agencies to purchase and use body-worn
cameras. Introduced by Representatives Hanes, Alexander, Jeter and Saine.
HOUSE BILL 546, Pregnant Workers' Fairness Act, would make it unlawful for an employer to
fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any
individual, with respect to compensation, terms, conditions, or privileges of employment because
of pregnancy. Pregnancy would be defined as pregnancy, childbirth, or a related condition,
including, but not limited to, lactation. The bill would also make it unlawful for an employer to
fail or refuse to make reasonable accommodations (i.e., periodic rest, modified work schedule,
time off to recover from childbirth, etc.) related to the pregnancy of an employee, unless the
employer can demonstrate that the accommodation would impose an undue hardship on the
operation of the business of the employer. Introduced by Representatives Fisher, Glazier,
Harrison and Meyer.
HOUSE BILL 562, Amend Firearm Laws, would make a number of changes to North Carolina's
firearms laws that would impact criminal justice agencies. These changes include the following:
1. Any person employed by the Department of Public Safety who has a concealed
handgun permit, and has been designated by the Secretary of the Department,
would be able to carry a concealed weapon anywhere in North Carolina that
sworn law enforcement officers could carry a concealed weapon;
2. A concealed handgun permittee would be able to possess a concealed handgun on
his/her person while in a vehicle on school property so long as the person remains
in a locked vehicle and only unlocks the vehicle to allow the entrance or exit of
another person. Currently, the concealed handgun of a permittee would have to be
kept in a closed or locked container within the vehicle;
3. It would be lawful for a concealed handgun permittee to remove a handgun from a
vehicle on school property if done so in response to a threatening situation in
which deadly force was justified;
4. A concealed handgun permittee would be able to carry a handgun on the premises
of the State Fairgrounds during the State Fair so long as the individual does not
ride or enter any amusement device while possessing the weapon;
5. Would define the term “chief law enforcement officer" (CLEO) to be any official
designated as such by the United States Bureau of Alcohol, Tobacco, Firearms
and Explosives (BATFE) who would be eligible to provide any required
certification on federal paperwork for the transfer or making of a firearm (for
example, the transfer of an automatic weapon or suppressor).
Therefore, if designated by the BATFE, a chief of police or other official could
sign any necessary federal paperwork for the transfer of a weapon. Currently,
these certification duties may be performed only by the sheriff. Under this bill, the
Page 12 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
CLEO would have to provide the certification within 15 days of the request if the
applicant is not otherwise prohibited by State or federal law from receiving or
possessing the firearm. Any denial by the CLEO could be appealed to the district
court of the district where the request for certification was made;
6. A business or commercial enterprise would not be able to establish or enforce a
policy that prohibited a concealed handgun permittee from transporting or storing
any firearm or ammunition in the permittee’s private vehicle, so long as the
firearm or ammunition is in a closed compartment or container within the
person’s locked vehicle. A business or commercial enterprise would, however, be
able to restrict the transportation of a firearm in vehicles owned or leased by that
employer or where storage or transport of the firearm is otherwise prohibited by
State or federal law. A person injured as a result of an employer violating this law
would be able to bring a civil action against the business for the injuries sustained;
7. An applicant for a North Carolina issued concealed handgun permit would no
longer be disqualified from receiving the permit based on convictions for certain
crimes, such as harassment of and unauthorized communication with jurors,
impersonation of a fireman or emergency medical services personnel, throwing
objects at a sporting event, or disorderly conduct by fighting;
8. Any sign prohibiting the carrying of a concealed handgun would have to be
visible from outside the building, be 8 inches wide by 12 inches tall, contain the
words “NO CONCEALED HANDGUNS ALLOWED,” contain a black
silhouette of a handgun inside a circle 7 inches in diameter with a diagonal line
that runs through the silhouette, and be placed not less than 40 inches and not
more than 60 inches from the bottom of the building's entrance door; and
9. Would abolish the requirement to have a pistol purchase permit for the purchase
or transfer of a handgun.
Introduced by Representatives Schaffer, Burr, Cleveland and Faircloth.
SENATE BILL 520, Amend Indecent Exposure Law, would make it a Class 2 misdemeanor for
any person to willfully expose his/her private parts in such a manner that they could be seen by
another person from the other person's private property. The bill would require that the act be
done for the purpose of arousing or gratifying sexual desire. Introduced by Senator Jackson,
and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 541, Regulate Transportation Network Companies, would establish a process to
conduct background checks on drivers for transportation network companies (TNC) (for
example, Uber) and require a permit from the Division of Motor Vehicles (DMV) in order to
operate as a TNC. A TNC driver would be defined as any person who provides prearranged
transportation services for compensation using an online-enabled application or platform to
connect passengers with drivers. The TNC would be able to charge a fee for its services,
however, the fee calculation method would have to be disclosed on the company's onlinePage 13 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
enabled application or platform in advance. Additionally, the TNC's application or platform
would have to give the passenger an option to receive an estimated fee before the ride request, as
well as send the passenger an electronic receipt for the fee paid. The fee would have to be paid
electronically and no cash would be able to be exchanged for the TNC service.
Each TNC would have to pay a nonrefundable application fee of $5,000 to the DMV for a permit
to operate. This fee would be payable every year when the TNC renews its permit. The TNC
would have to provide liability insurance for each vehicle that could be used by a TNC driver.
A TNC driver would be required to undergo a local and national criminal history background
check to include a search of the National Sex Offender Registry. The background check would
also include a review of the driving history of the TNC driver. The TNC would not be able to use
a driver if the person:
1.
Has had more than three moving violations in the prior three year period, or one
major violation (such as attempting to evade police, reckless driving, or driving
on a suspended or revoked license) in the prior three year period;
2.
Has been convicted within the past seven years of driving under the influence,
fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime
involving property damage, theft, or acts of violence or terror;
3.
Is on the National Sex Offender Registry;
4.
Does not possess a valid drivers license;
5.
Does not have proof of registration for the motor vehicle to be used to provide
TNC services;
6.
Does not possess proof of automobile liability insurance; or
7.
Is not at least 19 years of age.
Introduced by Senator Rabon, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 553, Public Records/Access for NC Citizens Only, would limit access to North
Carolina public records to North Carolina citizens only. Currently, public records are available to
any "person," which may include North Carolina citizens as well as residents of other states.
Introduced by Senator Daniel, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 567, Regulate Transportation Network Companies, would regulate digitally
dispatched prearranged transportation services (for example, Uber) by requiring financial
responsibility for operators of these companies. This bill would define a transportation network
company (TNC) as an organization, including, but not limited to, a corporation, limited liability
Page 14 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
company, partnership, sole proprietor, or any other entity, operating in North Carolina that
provides digital dispatching services for prearranged transportation services for compensation
using an online-enabled application or platform to connect passengers with drivers using a
personal vehicle.
The TNC and any participating driver would be required to maintain insurance to cover death,
bodily injury and property damage in the event of a wreck or accident. The TNC would also
provide for uninsured motorist coverage. The TNC insurance would be the primary insurance.
The TNC would be allowed (but not required) to provide underinsured motorist coverage,
accident and health insurance, and comprehensive insurance. Any of the above listed coverage
requirements would be satisfied by insurance maintained by a participating driver, a TNC, or by
a combination of the two.
A participating driver of a TNC would be required to carry proof of insurance at all times during
his/her use of a vehicle while working for the TNC. In the event of an accident, a participating
driver would have to provide this insurance coverage information to any other party involved in
the accident and to a law enforcement officer upon request. Introduced by Senator Tarte, and
assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 570, Expunction/Boat Violation, would provide that no person could be denied
expunction of a criminal record for which they are otherwise eligible solely because the person
had a conviction for a boating violation. Introduced by Senators Bryant, McKissick and
Daniel, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 571, Expand Uses of 911 Fee, would allow for an appeal of a denial of
distributions of funding to Public Safety Answering Points (PSAP) made by the 911 Board and
would also expand how the PSAP funds may be used. The 911 Board’s decision to deny a
distribution of funds would have to be in writing and include the reason for the denial, along with
information on how the PSAP could appeal the denial.
A unit of local government would be able to use a PSAP fund balance to provide for public
safety needs, including costs that are not ordinarily eligible expenses, so long as the expenditures
would not impair the operability, maintenance, or repair of essential equipment. Introduced by
Senators Bryant, Davis and Foushee, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 573, Strengthen Oyster Industry, would create a new Class A1 misdemeanor
(which would be punishable to include a fine of up to $5,000) if anyone, other than the holder of
a proper marine hatchery or fish farming corporation permit, takes or attempts to take marine
species (fish) from any privately operated marine hatchery or fish farming operation without
written authorization of the holder of the permit. Introduced by Senators Cook, Tillman and
Sanderson, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 575, NC/SC Original Border Confirmation, would make numerous legislative
changes to reflect the findings of the Boundary Commission, which is working with a similar
Page 15 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
Commission in South Carolina to reestablish the border between North and South Carolina. The
last survey documenting the border between North and South Carolina was performed in 1928.
While the boundary has not changed, over the course of time many of the original survey
markers have been lost or destroyed by the elements. The North Carolina Boundary Commission
is working with a similar commission in South Carolina to reestablish modern boundaries. This
bill would make changes to reflect the newly approved boundary on issues such as property
taxes, eligibility for in-state tuition, highway use taxes and public services. Introduced by
Senator Tucker, and assigned to the Senate Committee on Rules and Operations of the
Senate.
SENATE BILL 578, Transition Certain Abuse Investigations/DCDEE, would give the authority
to investigate instances of “child maltreatment" in child care facilities to the Department of
Health and Human Services’ Division of Child Development and Early Education. Child
maltreatment would be defined as “any act or series of acts of commission or omission by a
caregiver that results in harm, potential for harm, or threat of harm to a child.” Examples of this
conduct would include, but not be limited to, physical or sexual abuse or failure to provide for
the physical, emotional, and medical well-being of the child.
When a report of child maltreatment is received, the Department of Health and Human Services
(DHHS) would be required to make an assessment of the facts of the case, the extent of the
maltreatment and the risk of harm to children enrolled at the childcare facility. If the report rises
to the level of child abuse or child neglect, as defined in G.S. 14-318.2 and G.S. 14-318.4 (acts
that cause physical injury or death to a child), DHHS would contact local law enforcement
officials to investigate.
DHHS would have the authority to also issue a “protection plan” restricting a person alleged of
maltreating a child from being on the premises of the childcare facility. DHHS would also have
the authority to summarily suspend the license of a child care facility if emergency action is
required to protect the children.
Any person who has reason to believe a child in a childcare facility has been maltreated or has
died as a result of maltreatment would have an obligation to report that matter to DHHS. If
DHHS receives a report of maltreatment that involves the sexual abuse of a child in a childcare
facility, DHHS would have an obligation to notify the State Bureau of Investigation (SBI) within
24 hours or the next workday. The SBI, in turn, would have the authority to form a task force to
investigate the report.
DHHS would also have the authority to establish a registry of the names of all caregivers who
have been confirmed by DHHS to have maltreated a child. An operator of a childcare facility
would be required to check this registry before employing a person at a childcare facility.
Introduced by Senators Barringer, Hise and Tucker, and assigned to the Senate Committee
on Rules and Operations of the Senate.
SENATE BILL 579, Agricultural Fairs/Handguns on Premises, would provide that it is unlawful
for any person to carry any gun, rifle, or pistol into any agricultural fair on State property that is
managed or operated by the North Carolina Department of Agriculture and Consumer Services
Page 16 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
or the State Board of Agriculture, unless specifically provided for by rules adopted by the
Commissioner of Agriculture and the State Board of Agriculture. Introduced by Senator
Jackson, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 588, Remove Revocation for Certain DWLR Offenses, would establish the
circumstances when driving with a revoked drivers license would be punished as a Class 1
misdemeanor, instead of a Class 3 misdemeanor as currently set out in the law. A person would
be guilty of the Class 1 misdemeanor of aggravated driving while license revoked if the person's
drivers license was originally revoked for:
1.
An impaired driving offense;
2.
An accumulation of a prohibited number of drivers license points;
3.
A violation of a restriction imposed while using an ignition interlock device; or
4.
A violation of any restriction imposed under a limited driving privilege.
Introduced by Senators Jackson and Tarte, and assigned to the Senate Committee on Rules
and Operations of the Senate.
SENATE BILL 589, Habitual Felons/Clarify Previous Convictions, would clarify what types of
crimes would constitute a felony offense for purposes of the habitual felon law. A felony offense
would include any of the following:
1.
An offense that is a felony under the law of North Carolina;
2.
An offense that is a felony under the laws of another state and in which a plea of
guilty was entered or a conviction was returned, regardless of the sentence
actually imposed;
3.
An offense that is a crime under the laws of another state that does not classify
any crimes as felonies, but that may be punishable by imprisonment for more than
a year in state prison; or
4.
An offense that is a felony under federal law, except offenses related to the
manufacture, possession and sale of intoxicating liquor.
Introduced by Senators Jackson, Bingham and Tucker, and assigned to the Senate
Committee on Rules and Operations of the Senate.
SENATE BILL 590, Sex Offender/Unlawfully On Premises, would clarify that the location
restrictions imposed on certain registered sex offenders that prohibits their presence at certain
locations (such as schools and day cares) would also be applicable to sex offenders found guilty
of certain federal and out-of-state offenses. Currently, registered sex offenders who are guilty of
a crime under Article 7A of Chapter 14 of the General Statutes (such as rape and sex offenses)
Page 17 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
and any offense where the victim was under 16 years of age, are prohibited from being on the
premises of any area intended for the use, care, or supervision of minors. This bill would clarify
that these restrictions would also apply to any sex offender on the North Carolina registry
convicted of a federal or out-of-state offense which is “substantially similar” to any crime under
Article 7A of Chapter 14 of the General Statutes. Introduced by Senators Jackson, Bingham
and Stein, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 595, School Safety Act, would provide that any person registered as a sex
offender in North Carolina who intends to enroll in a community college would have to provide
written notice of that individual’s registered sex offender status to the registrar’s office of the
community college prior to enrollment. Additionally, a registered sex offender would not be
allowed to enroll or participate in any class that is offered as a part of a program for early college
students. Any sex offender who violates these requirements would be guilty of a Class 1
misdemeanor. Introduced by Senator McInnis, and assigned to the Senate Committee on
Rules and Operations of the Senate.
SENATE BILL 599, Highway Quick Clearance Amendments.-AB, would clarify that when
either an investigating law enforcement officer or the Department of Transportation (DOT)
decide to remove an obstruction that is interfering with the regular flow of traffic on a highway,
the decision would have to have the concurrence of the other party. Currently as written, the law
is not clear that a decision made by the DOT to move an obstruction would require the
concurrence of the investigating law enforcement officer. Introduced by Senators Daniel,
Meredith and Robinson, and assigned to the Senate Committee on Rules and Operations of
the Senate.
SENATE BILL 600, Study/Autonomous Vehicles.-AB, would require the Division of Motor
Vehicles to study how to implement autonomous vehicle technology on the roads and highways
of North Carolina. Autonomous vehicle technology would be any technology installed on a
motor vehicle that has the capability to drive the motor vehicle without the active control or
monitoring of a human operator. Introduced by Senators Meredith, Rabon and Lowe, and
assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 604, Women and Children's Protection Act of 2015, would require that any
doctor who advises or causes a miscarriage or abortion after the 16th week of a woman's
pregnancy would have to record the method used by the doctor to determine the probable age of
the unborn child, including the measurements of the unborn child and an ultrasound image of the
unborn child. This information would have to be provided to the Department of Health and
Human Services (DHHS).
Any doctor that procures or causes a miscarriage or abortion after the 20th week of a woman's
pregnancy would have to record the findings and analysis that led the doctor to determine that
the continued pregnancy would threaten the life or health of the woman. This information would
also have to be reported to DHHS.
The information provided to DHHS would be for statistical purposes only and the confidentiality
of the patient would be protected.
Page 18 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
This bill would also add to the list of aggravating factors that a court would consider in
determining a criminal sentence whether the defendant knew, or reasonably should have known,
that the crime was being witnessed by sight or hearing, by a person under 18 years of age who
was not involved in the commission of the crime. Introduced by Senators Randleman,
Krawiec and Daniel, and assigned to the Senate Committee on Rules and Operations of the
Senate.
SENATE BILL 609, Mandate Use/Controlled Sub. Reporting System, would provide that any
person authorized to prescribe or dispense a controlled substance (doctors and pharmacists)
would be required to review all information pertaining to a patient in the controlled substances
reporting system for the preceding 12 month period to determine if the prescription is medically
necessary and appropriate. A doctor or pharmacist would not have to comply with this
requirement in an emergency situation where immediate action is necessary to save a life. Any
person violating these requirements would be guilty of a Class 1 misdemeanor, however, if it is
found that a person acted intentionally in not accessing the controlled substances reporting
system the person would be guilty of a Class I felony. Introduced by Senator Davis, and
assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 610, Healthy Pregnancies/Prisoners and Detainees, would mandate that any
correctional institution (State prison, local jail, or juvenile detention facility) would not be able to
use restraints on a prisoner or detainee known to be pregnant (even during a transport to a
medical facility) unless the corrections official makes a determination that the prisoner is a
substantial flight risk or some other special security circumstance requires the prisoner be
restrained. If a doctor, nurse, or other health professional treating the prisoner requests that
restraints not be used, the corrections officer accompanying the prisoner would have to
immediately remove the restraints. Under no circumstances could leg or waist restraints be used
on any prisoner who is in labor or delivery.
If the corrections official does decide to use restraints on a pregnant prisoner, the official would
have to make written findings within 10 days as to the circumstances that required the use of
restraints. These findings would have to be kept on file by the correctional institution for at least
five years and be made available for public inspection.
Any person restrained in violation of this law would be able to file a complaint within two years
of the episode. A correctional institution found to have violated the provisions of this bill would
be civilly liable to any person restrained. A court would be able to award the prisoner attorney’s
fees, litigation costs, compensatory damages and punitive damages. Introduced by Senators
Smith-Ingram, Duyn and Foushee, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 611, The I WILL Act, would require the Division of Adult Correction to provide
mammograms for women age 40 or over who are incarcerated in the State prison system.
Additionally, the Department of Public Safety would receive $150,000 for the 2015-2016 fiscal
year to contract to provide housing assistance to female offenders reentering the community
from the prison system. This bill would not apply to local jails. Introduced by Senators SmithPage 19 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
Ingram, Duyn and Foushee, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 612, Nondiscrimination in Public Employment, would require that all State
agencies, cities and counties not discriminate for purposes of employment based on “sexual
orientation, or gender identity or expression.” In addition, each local board of education would
have to adopt a policy of nondiscrimination on the basis of race, religion, color, national origin,
age, sex, sexual orientation, gender identity or expression, or disability. Introduced by Senators
Duyn and Smith-Ingram, and assigned to the Senate Committee on Rules and Operations
of the Senate.
SENATE BILL 613, Prohibit Discriminatory Profiling, is identical to House Bill 193
summarized in the March 13, 2015 Weekly Legislative Report. Introduced by Senators
McKissick and Bryant, and assigned to the Senate Committee on Rules and Operations of
the Senate.
SENATE BILL 619, Grey's Law, would provide that when a person has been charged with an
implied consent offense and a mandatory revocation of the person's drivers license is required by
law (for example, the individual refused to submit to a chemical analysis), the person would be
able to request a hearing to contest the revocation, however, that request would not stay the
revocation of the person's drivers license pending a hearing. Therefore, the person would not be
allowed to drive while the appeal is being heard. After a hearing, a judge would be allowed to
issue a limited driving privilege if the limited driving privilege involved the use of an ignition
interlock device that only allows the driver to operate a designated motor vehicle, the ignition
interlock device would prohibit driving if the driver has an alcohol concentration of .02 or
greater, and the driving privilege requires the applicant to personally activate the ignition
interlock device before driving a motor vehicle.
Any person who disables or removes an ignition interlock system would have his/her drivers
license revocation period extended by one year.
The cost to use an ignition interlock device would be paid by the driver. The driver would also
have to pay an ignition interlock administrative fee of $100 for each ignition interlock system
installed. The vendor of the interlock system would collect the money and forward it to the
Division of Motor Vehicles. Introduced by Senators Rabon, Stein and Newton, and assigned
to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 621, Registration Renewal Notice/E-Mail.-AB, would authorize the Division of
Motor Vehicles to send motor vehicle registration renewal notifications via email upon receiving
written consent from the motor vehicle owner. Introduced by Senators Meredith, Rabon and
Lowe, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 622, UAS/No LEO Surveillance of Private Property, would prohibit an
unmanned aircraft system from being used by law enforcement agencies to photograph
gatherings on private property. Introduced by Senator Krawiec, and assigned to the Senate
Committee on Rules and Operations of the Senate.
Page 20 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
SENATE BILL 624, Private Schools/Firearms Amendments, would allow certain employees and
volunteers at private schools to carry certain weapons on school property. An employee or
volunteer of a private school would be able to possess a firearm, teargas, or a stun gun if all of
the following criteria are met:
1.
The person has written authorization from the school board of trustees to possess
and carry the firearm, teargas, or stun gun on private school property;
2.
The person has a valid concealed handgun permit;
3.
The person has successfully completed a minimum of an eight-hour course related
to firearm safety and the appropriate use of firearms taught by a certified National
Rifle Association instructor, or the equivalent, on an annual basis;
4.
The private school adopts and maintains written standards and procedures
regarding the possession and carrying of weapons on the school property and a
copy of these procedures is given to the parents of students attending the school;
and
5.
The person carries the weapon only on the premises of the educational property.
Additionally, this bill would provide that a person with a valid concealed handgun permit would
be authorized to carry the handgun in a place of religious worship that is located on educational
property. Introduced by Senator Bingham, and assigned to the Senate Committee on Rules
and Operations of the Senate.
SENATE BILL 626, Amend Expunction Laws, would amend the laws related to expunctions to
shorten the waiting period required to obtain some expunctions. The bill would provide that a
petition for expunction of a nonviolent felony cannot be filed earlier than ten years (current law
is 15 years for both a nonviolent felony and nonviolent misdemeanor) after the date of the
conviction or the completion of any active sentence, period of probation, or post-release
supervision, whichever occurs later. A petition for expunction of a nonviolent misdemeanor
would not be able to be filed earlier than five years after the date of a conviction or the
completion of any active sentence, period of probation, or post-release supervision has been
served, whichever occurs later.
The bill would also repeal G.S. 15A-145.5(a)(5), which provides that felony offenses involving
“methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver
cocaine” cannot be considered nonviolent misdemeanors or felonies. Introduced by Senators
Bryant, Davis and Woodard, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 630, PI Access to Criminal Court Records, would allow licensed private
investigators to access the Administrative Office of the Courts real-time criminal records
information system subject to certain conditions and limitations, one of which would be the
denial of access to systems used for the production of criminal process by law enforcement and
Page 21 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
judicial officials. Introduced by Senator Brock, and assigned to the Senate Committee on
Rules and Operations of the Senate.
SENATE BILL 633, State and Local Gov. Transparency Act, would require every agency of
North Carolina government and its subdivisions (including cities and counties) that have an
internet website to post specified information on its website to include, among other things:
1.
The telephone number and email address for all elected and appointed officials,
the chief administrator, the person charged with receiving public records requests,
and the legislative liaison;
2.
Any financial audit, audit schedule, or special project report;
3.
The current salary of all employees;
4.
All contracts with registered lobbyists and the amount paid to each lobbyist;
5.
A detailed list of all expenditures made by the agency; and
6.
All bids and contracts for purchase in the amount of $25,000 or more.
Failure to do so would be considered a denial of access to public records under Chapter 132 of
the General Statutes. Introduced by Senator Brock, and assigned to the Senate Committee
on Rules and Operations of the Senate.
SENATE BILL 634, Use of Passing Lane/Increased Penalty, would expand the prohibition on
operating a motor vehicle in a passing lane at less than the speed limit to include a motor vehicle
that is “impeding the steady flow of traffic.” Impeding the steady flow of traffic would be
defined as when the “person knows or reasonably should know that he or she is being overtaken
from the rear by a vehicle traveling at a higher rate of speed.” A violation would be considered
an infraction punishable by a fine of $200. Introduced by Senator Tarte, and assigned to the
Senate Committee on Rules and Operations of the Senate.
SENATE BILL 636, Consolidate State Offices/Digital Docs Req'd, would require newly created
public records stored by a State agency to be stored only in digital format. Once digitally stored,
all nondigital versions of a public record would be destroyed, unless they are required by federal
law to be maintained in paper format or they are records of historical, cultural, or enduring
significance in their original format. The bill would also direct the State Chief Information
Officer to develop a plan to convert all existing public records stored by State agencies into
digital format. Introduced by Senators Tarte and Brock, and assigned to the Senate
Committee on Rules and Operations of the Senate.
SENATE BILL 646, Unlawful to Assist Another to Commit Suicide, would make it a Class D
felony for any person, for payment, to intentionally assist another individual in committing
suicide. The bill would make it a Class 1 misdemeanor to manufacture, sell, distribute, or
possess a euthanasia device designed to assist an individual in committing suicide. Introduced
Page 22 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
by Senator Sanderson, and assigned to the Senate Committee on Rules and Operations of
the Senate.
SENATE BILL 650, Elections Transparency, would make the election of appellate, superior and
district court judges partisan instead of nonpartisan as they are currently. Introduced by
Senators Rabin, Tarte and Sanderson, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 651, Clarify Statutory Scheme/Sex Offenses, is identical to House Bill 383
summarized above in this week's Weekly Legislative Report. Introduced by Senator Stein, and
assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 652, Prohibit Re-Homing of an Adopted Minor Child, would prohibit the “rehoming” of an adopted minor child. Re-homing would be defined as the permanent transfer of
physical custody of an adopted minor child by the child’s parent, without a court order, to a
person other than the child’s stepparent, grandparent, adult sibling, aunt, uncle, first cousin,
great-aunt, great-uncle, or great-grandparent. It would be a Class F felony to advertise, recruit,
or solicit, or to aid, abet, conspire, or seek the assistance of another, for the re-homing of that
parent’s minor adopted child, or to knowingly and willfully respond to an advertisement or
solicitation by another seeking to either take permanent physical custody of the adopted minor
child or to facilitate the re-homing of the adopted minor child. The criminal provisions of this
bill would not apply to the following situations:
1.
The temporary placement of a minor child by the adoptive parent for a specified
period of time due to either the child’s medical needs, mental health, or
educational needs or the parent’s inability to provide proper care or supervision
for the minor child, which may be due to the parent’s incarceration, military
service, employment, medical treatment, or incapacity;
2.
A voluntary foster case placement of the minor child made between the minor
child’s parent and the county department of social services; or
3.
A change in custody made pursuant to a valid court order.
Introduced by Senators Stein and Barringer, and assigned to the Senate Committee on
Rules and Operations of the Senate.
SENATE BILL 653, Seniors' Fraud Protection Act, would, among other things, direct the
Attorney General to operate and maintain an internet-accessible database of information from
financial institutions that report instances when a disabled adult or older adult is the victim or
target of financial exploitation. The Attorney General would be required to ensure that the
database is accessible to district attorneys, law enforcement agencies, and the State Bureau of
Investigation, among others, for the purpose of investigating the potential exploitation of older
adults. Introduced by Senators Stein and Bingham, and assigned to the Senate Committee
on Rules and Operations of the Senate.
Page 23 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
SENATE BILL 656, WC/2015 Omnibus Law Changes, would authorize the Industrial
Commission to establish a Criminal Investigation Unit for the investigation of fraud related to
the Workers’ Compensation Act. Members of the unit would be sworn law enforcement officers
certified by the North Carolina Criminal Justice Education and Training Standards
Commission. The sworn officers would have the following authority:
1.
To make arrests and take other investigatory and enforcement actions for both
felonies and misdemeanors;
2.
To act as a State law enforcement officer with jurisdiction throughout the State;
3.
To serve and execute orders issued by the Industrial Commission in connection
with contempt proceedings; and
4.
To inspect business records kept by insurance companies, agents, or brokers
doing any kind of business in North Carolina involving workers’
compensation.
Introduced by Senator Lee, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 658, Expand to Seven-Day Hunting, would allow a person to hunt with the use
of a firearm on Sunday with the following exceptions:
1.
Hunting of waterfowl on Sunday is prohibited;
2.
Hunting with dogs on Sunday is prohibited; and
3.
Prior to 1 p.m. on Sunday, hunting within 250 yards of a church, synagogue, or
other place of worship is prohibited.
A person who hunts on Sunday in a manner that is prohibited would be guilty of a Class 3
misdemeanor with limited exceptions. Introduced by Senators Newton and Rabon, and
assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 660, Dispose of Remaining Toxicology Funds, would allow the Conference of
District Attorneys to use grant funds they were awarded to obtain toxicology analysis to get
analysis from other providers of toxicology analyses, not just local hospitals. Introduced by
Senator Newton, and assigned to the Senate Committee on Rules and Operations of the
Senate.
SENATE BILL 661, Private Labs Must Comply with CODIS, would require that when local law
enforcement agencies obtain DNA analyses from entities other than the State Crime Laboratory,
those entities must meet the standards applicable to vendor laboratories as set forth in Federal
Bureau of Investigation standards. The State Crime Laboratory would have to maintain a list of
laboratories that meet those standards and would have to make the list available on its
Page 24 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
website. The bill would also prohibit access or creation of any private DNA database by law
enforcement agencies. Introduced by Senator Newton, and assigned to the Senate
Committee on Rules and Operations of the Senate.
SENATE BILL 671, DL Restoration/DWI Treatment Court, would allow the Division of Motor
Vehicles to conditionally restore a person’s drivers license that was revoked for an impaired
driving offense if the individual’s license has been revoked for one year and he/she has
successfully completed a Drug Treatment or Driving While Impaired (DWI) Treatment Court
Program and received a letter of recommendation from the judge presiding over the Drug
Treatment or DWI Treatment Court. The individual would be subject to the following
requirements upon receiving the conditional restoration:
1.
Restricted to operating only a designated motor vehicle;
2.
The designated motor vehicle must be equipped with an ignition interlock system
which would prohibit driving if any alcohol concentration was present; and
3.
Required to personally activate the ignition interlock system before driving the
motor vehicle.
Introduced by Senators Apodaca, Duyn and Davis, and assigned to the Senate Committee
on Rules and Operations of the Senate.
SENATE BILL 675, Limit Parole Review Frequency, would limit the frequency of parole
reviews for inmates convicted of sexually violent offenses (first and second degree rape, rape of
a child, first and second degree sexual offense, etc.) to once every second year. This would only
apply to sentences based on offenses occurring before October 1, 1994. Offenses occurring after
October 1, 1994 would not be affected by this change because they would fall under Structured
Sentencing as opposed to Fair Sentencing. Introduced by Senator Apodaca, and passed the
Senate Judiciary I Committee, and is scheduled to be considered by the Senate on Tuesday,
April 14, 2015.
SENATE BILL 684, Waive Jury Trial/Procedures, would require that before a trial judge
consents to a defendant’s waiver of the right to trial by jury, he/she do the following:
1.
Inquire of the prosecutor whether the State objects to the waiver, and if the State
does object, on what grounds the State bases its objection;
2.
Address the defendant personally and determine whether the defendant fully
understands and appreciates the consequences of the defendant’s decision to
waive the right to trial by jury;
3.
Consider the arguments presented by both the State and the defendant regarding
the waiver; and
Page 25 of 30
Weekly Legislative Report
4.
North Carolina Sheriffs’ Association
April 2, 2015
Determine whether the defendant’s waiver is offered in good faith and is not a
tactic to gain an impermissible procedural advantage.
Introduced by Senator Lee, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 685, IDS Efficiency Act, is identical to House Bill 374 summarized above in this
week's Weekly Legislative Report. Introduced by Senators Lee and Newton, and assigned to
the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 686, Limited Driving Privilege Changes, would provide that the term of a
limited driving privilege would be for one year, and at the end of that one year the driver would
be able to request the court to extend the limited driving privilege for an additional year. The
decision to extend the limited driving privilege for an additional year is solely in the discretion of
the court. The limited driving privilege would only be able to be renewed twice. Introduced by
Senator Davis, and assigned to the Senate Committee on Rules and Operations of the
Senate.
SENATE BILL 699, Protect LEO Home Address/Other Information, would allow a sworn law
enforcement officer to request that the officer’s employer exempt from public examination and
inspection the officer’s name, home address, social security number, medical disability, and
emergency contact information. The request would have to be made in writing and renewed
annually. Introduced by Senator McKissick, and assigned to the Senate Committee on Rules
and Operations of the Senate.
SENATE BILL 708, Homeland Security Patriot Act, would establish a “homeland security
unrestricted concealed handgun permit" that would be issued by the sheriff of the county. This
unrestricted permit would only be available to persons who currently have a North Carolina
issued concealed handgun permit and meet certain additional criteria.
The sheriff would issue the unrestricted permit and a badge to any qualifying permittee. The
unrestricted permit would be valid throughout the State for a period of five years. The person
would be able to carry a concealed handgun anywhere in the State, including on property on
which notice is posted prohibiting the carrying of a concealed handgun. The permittee would be
allowed to carry a concealed handgun in any of the places where State and local law enforcement
officers are allowed to carry concealed when acting in the discharge of their official duties.
In addition to generally meeting the current requirements for the issuance of a concealed
handgun permit, the person would also have to successfully complete an approved advanced
concealed carry course and a “simunitions class” within 18 months of the date of the application
for the permit. The North Carolina Criminal Justice Education and Training Standards
Commission would be required to prepare guidelines for courses and qualifications that would
meet those requirements. The courses would have to be certified or sponsored by the North
Carolina Criminal Justice Education and Training Standards Commission, the National Rifle
Association, a law enforcement agency, college, private or public institution, or firearms training
Page 26 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
school. The requirements placed on sheriff’s offices for the processing of these applications
would be substantially the same as currently required for concealed handgun permits.
The permit would be the approximate size of a North Carolina drivers license and contain the
signature, name, address, date of birth and drivers license number of the permittee. The person
would also be issued a badge indicating the person has a homeland security unrestricted
concealed handgun permit. The standards and grounds for the revocation of an unrestricted
concealed handgun permit are substantially the same as those currently in existence for a
concealed handgun permit. Introduced by Senators Tarte and Rabin, and assigned to the
Senate Committee on Rules and Operations of the Senate.
BILL STATUS
HOUSE BILL 39, Labor/Up Amusement Device Penalties, has passed the House and has been
sent to the Senate for their consideration. This bill was amended by the House to provide that the
punishment for a willful violation of the rules governing the operation of amusement devices that
results in the serious injury or death of a person would be a Class E felony and could include a
fine of up to $50,000. The previous version of the bill provided that it would include a fine of
not more than $50,000.
HOUSE BILL 95, Tribal Alcoholic Beverage Control, has passed the House and has been sent to
the Senate for their consideration. This bill was amended to clarify that commercial alcoholic
beverage control permits issued by the Eastern Band of Cherokee Indian’s Tribal Alcohol
Beverage Control Commission would be subject to the following:
1.
The Tribal Alcohol Beverage Control Commission may issue commercial activity
permits to any qualifying applicant that establishes a commercial business wholly
on Indian Country lands and shall have sole enforcement authority over any
permittee receiving a permit from the Commission only to the extent the regulated
conduct occurs on Indian Country lands;
2.
The Eastern Band of Cherokee Indians shall recognize any permit issued by the
North Carolina Alcoholic Beverage Control Commission that allows commercial
activity in the same manner as if the permit was issued by the Tribal Alcohol
Beverage Control Commission and vice versa; and
3.
The North Carolina Alcoholic Beverage Control Commission shall retain
exclusive enforcement authority over all permits it issues for violations of its
rules.
The amended bill would also clarify that the exclusive authority to issue permits by the Tribal
Alcohol Beverage Control Commission for malt beverage and unfortified wine permits for
“Tourism ABC establishments” between Milepost 460 and Milepost 469 of the Blue Ridge
Parkway would only apply to a restaurant or hotel that is located wholly on Indian Country
lands.
Page 27 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
HOUSE BILL 156, Legal Notices/Require Internet Publication, has passed the House and has
been assigned to the Senate Committee on State and Local Government.
HOUSE BILL 174, Landlord/Tenant-Foreclosure & Evict. Changes, has passed the House and
has been sent to the Senate for their consideration.
HOUSE BILL 184, Change DCR Process for Unclaimed Property.-AB, has passed the House
and will be sent to the Senate for their consideration. This bill was amended to add two more
categories of records that would not be required to be opened after the 100 year expiration of
restrictions on access to public records: 1) any record that contains Social Security numbers; and
2) any juvenile, probationer, parolee, post release, or prison inmate record including medical and
mental health records.
HOUSE BILL 187, Stalking by GPS/Criminal Offense, has been reassigned to the House
Judiciary II Committee. This bill was amended to allow the parent or legal guardian of a minor to
install, place, or use an electronic device to track the location of any vehicle owned or leased by
the parent or legal guardian operated by the minor, except when the parent or legal guardian is
subject to a domestic violence protective order under Chapter 50B of the General Statutes, unless
the parent or legal guardian subject to the order has custody of the minor.
HOUSE BILL 199, Raleigh/Donate Service Animals to Officers, has passed the House and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 215, Procedure for Waiver of Jury Trial, has passed the House and will be sent to
the Senate for their consideration.
HOUSE BILL 232, Study/Update Bicycle Safety Laws, has passed the House and has been sent
to the Senate for their consideration.
HOUSE BILL 236, Certain Counties/Purchasing Exemption, has passed the House and has been
sent to the Senate for their consideration. This bill was amended to add Dare County and
Washington County to the list of counties allowed to contract for the purchase of food and food
services supplies for the county’s detention facilities without being subject to certain State
purchase and contract laws [G.S. 143-129 and G.S. 143-131(a)] which require local governments
to obtain competitive bids before awarding certain types of contracts.
HOUSE BILL 273, Clarify Cond. Discharge Law/No DWI Expunge, has passed the House and
has been sent to the Senate for their consideration. This bill was amended to provide that an
individual would not be able to expunge his or her record of any offense involving impaired
driving under the following statutes:
1.
G.S. 15A-145, Expunction of records for first offenders under the age of 18 at the
time of conviction of misdemeanor;
2.
G.S. 15A-145.4, Expunction of records for first offenders who are under 18 years
of age at the time of the commission of a nonviolent felony; and
Page 28 of 30
Weekly Legislative Report
3.
North Carolina Sheriffs’ Association
April 2, 2015
G.S. 15A-145.5, Expunction of certain misdemeanors and felonies; no age
limitation.
HOUSE BILL 283, Supreme Court Sessions in Morganton, has passed the House and has been
sent to the Senate for their consideration.
HOUSE BILL 284, CivPro/Civil Contempt/No Fines, has passed the House and has been sent to
the Senate for their consideration.
HOUSE BILL 312, Certain Counties Sheriff/Food Purchases, has passed the House and has been
sent to the Senate for their consideration. This bill was amended to add Cherokee County, Iredell
County and Orange County to the list of counties allowed to contract for the purchase of food
and food services supplies for the county’s detention facilities without being subject to certain
State purchase and contract laws [G.S. 143-129 and G.S. 143-131(a)] which require local
governments to obtain competitive bids before awarding certain types of contracts.
HOUSE BILL 313, Promotion Grievances/City of Statesville, has passed the House and has been
sent to the Senate for their consideration.
HOUSE BILL 345, Currituck County/Remove Abandoned Vessels, has passed the House and
has been sent to the Senate for their consideration.
HOUSE BILL 364, Clarify Laws on Exec. Orders and Appointments, has passed the House and
has been sent to the Senate for their consideration.
SENATE BILL 78, Off-Duty Correctional Officers/Conceal Carry, has been approved by the
General Assembly and sent to Governor Pat McCrory for his signature.
SENATE BILL 116, Handicapped Parking Windshield Placard, has passed the Senate and will
be sent to the House for their consideration. This bill was amended to provide that a handicapped
vehicle owner who qualifies for a handicapped license plate would be notified by the Division of
Motor Vehicles when the plate is issued that he/she is also eligible to receive one removable
windshield placard and, upon request, would be issued a placard at that time. The previous
version of the bill provided that a handicapped vehicle owner who qualifies for a handicapped
license plate must also receive one removable windshield placard.
SENATE BILL 247, Raleigh/Donate Service Animals to Officers, has passed the Senate and has
been sent to the House for their consideration.
SENATE BILL 258, Party Exec. Comm./Fill Vacancy/Washington Cty, has passed the Senate
and has been sent to the House for their consideration.
SENATE BILL 298, School Bus Cameras/Civil Penalties, has passed the Senate Committee on
Education/Higher Education with amendments, and has been reassigned to the Senate Judiciary
II Committee. This bill was amended to provide that if a county adopts an ordinance for the civil
enforcement of the North Carolina statute requiring drivers to come to a complete stop for a
Page 29 of 30
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 2, 2015
marked and stopped school bus by means of an automated school bus safety camera, the county
must maintain records of all noncriminal violations of that ordinance and upon request, would
provide at least 5 years of those records to the North Carolina Child Fatality Task Force and the
North Carolina General Assembly.
The Weekly Legislative Report is provided at no charge as a service to the sheriffs,
criminal justice community and citizens of North Carolina.
North Carolina Sheriffs’ Association, Inc.
Proudly Serving the Sheriffs and Citizens of North Carolina Since 1922
www.ncsheriffs.org
Page 30 of 30