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Weekly Legislative Report
May 1, 2015
It has been a hectic, and sometimes frantic, week at the General Assembly due to
Thursday's “crossover” deadline. Legislators, advocates and lobbyists have all been working
diligently this week to get many bills approved by either the House or the Senate, so that the bills
would not be “dead” after Thursday's deadline.
A few committees met this week in the Senate and numerous committees met this week
in the House, considering bills that needed action this week. The Senate maintained a normal
session schedule on Wednesday and then concluded the week with a relatively short session on
Thursday morning. The House session on Wednesday went until just before midnight when the
House adjourned for the day. Rather than come back mid-morning on Thursday, the House
reconvened shortly after midnight and considered about 25 bills before finally adjourning at
approximately 2:30 a.m. on Thursday morning.
When the General Assembly reconvenes next week, the focus will shift in the House to
preparation of the State budget legislation. This year the House is responsible for preparing a
draft budget first, which they will then send to the Senate for consideration. The Senate will
make numerous changes no doubt and then return their version of the State budget bill to the
House. Members from both the House and Senate will then be appointed to a conference
committee to work out the differences between the two differing versions of the State budget bill.
In some years past there has been an extension of the crossover deadline, but there was
no public discussion of that this year and the date came and went on Thursday as scheduled.
After adjourning on Thursday, both the House and Senate announced that no bills would
be considered on Monday to allow the members a four-day weekend before returning back to
work next Tuesday morning.
BILL STATUS
HOUSE BILL 4, Clarify Unmanned Aircraft System Law, has passed the House and has been
sent to the Senate for their consideration.
HOUSE BILL 56, State Health Plan/Rehired Retiree Eligibility, has passed the House and has
been sent to the Senate for their consideration.
HOUSE BILL 100, Record of Excusals from Jury Duty, has passed the House and has been sent
to the Senate for their consideration. This bill was amended to provide that the name and address
of every person who requests to be excused from jury duty because he or she is not qualified to
Weekly Legislative Report
North Carolina Sheriffs’ Association
May 1, 2015
serve as a juror, and the reason for that request, would have to be kept by the clerk of superior
court for at least two years from the date of excusal but the information would not constitute a
public record. The previous version of the bill would have made the request and the reason for
the request a public record unless the reason for the request involved medical information
submitted to show the person is not physically or mentally competent to serve as a juror.
HOUSE BILL 136, Speed Limit/Highway Work Zone, has passed the House and has been sent
to the Senate for their consideration. This bill was amended to delete the entire contents of the
previous bill and creates a new bill that would require the Department of Transportation to study
the penalties for speeding in a highway work zone. The study would focus on what statutory
changes are needed, if any, to balance the safety of roadside workers and the efficient movement
of traffic through work zone areas.
HOUSE BILL 148, Insurance Required for Mopeds, has passed the House and has been sent to
the Senate for their consideration.
HOUSE BILL 205, Increase Retirement Age/Judges & Magistrates, has passed the House
Committee on Pensions and Retirement, and has been reassigned to the House Committee on
Appropriations.
HOUSE BILL 256, Handicapped Parking/Veterans Plate, has passed the House, and has been
assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 290, Prohibit Powdered Alcohol, has passed the House and has been sent to the
Senate for their consideration.
HOUSE BILL 318, Protect North Carolina Workers Act, has passed the House, and has been
assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 341, Controlled Substances/NBOMe & Other Drugs, has passed the House and
has been sent to the Senate for their consideration.
HOUSE BILL 343, Clayton/Extend ETJ Area, has passed the House and has been sent to the
Senate for their consideration.
HOUSE BILL 346, Counties/Public Trust Areas, has passed the House, and has been assigned to
the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 352, Standard of Proof/Public Safety Dispatchers, has passed the House and has
been sent to the Senate for their consideration.
HOUSE BILL 355, Evidence Passed Vehicle is a School Bus, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate. This bill was
amended to set out the types of evidence that would be acceptable to prove that a stopped vehicle
passed by another motor vehicle was a school bus. This evidence would be:
1. A certified copy of a record from the Division of Motor Vehicles showing the
vehicle was registered as a school bus at the time of the alleged violation; and
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May 1, 2015
2. Testimony from the school bus driver, a passenger on the school bus, or a law
enforcement officer investigating the alleged violation of passing a stopped school
bus.
HOUSE BILL 364, Clarify Laws on Exec. Orders and Appointments, became a law without
Governor Pat McCrory’s signature with an April 27, 2015 effective date.
HOUSE BILL 446, Amend Statutes Governing Bail Bondsmen, has passed the House and has
been sent to the Senate for their consideration.
HOUSE BILL 460, Reporting of Animal Incidents, has passed the House and has been sent to
the Senate for their consideration. This bill was amended to provide that a law enforcement
agency receiving a notification of an animal bite or other injury would be required to investigate
the incident and would be allowed to make a written report summarizing the incident, within 48
hours of receiving the notification. In its previous version, this bill required an investigation be
initiated within 24 hours of receiving the notification and required a written report summarizing
the incident.
HOUSE BILL 465, 72 Hours Informed Consent by Person or Phone, has passed the House, and
has been assigned to the Senate Judiciary II Committee.
HOUSE BILL 477, LEO Privacy Protection, has passed the House and has been sent to the
Senate for their consideration. This bill was amended to delete the entire contents of the previous
bill, and creates a new bill that would provide that the Joint Legislative Committee on Local
Government would study the development of a process to remove personal information of
nonelected officials (such as law enforcement personnel, prosecutors and judicial officers) from
records available on internet websites maintained by cities and counties. The bill would also
provide that mobile telephone numbers issued by local, county, or State governments to sworn
law enforcement officers or non-sworn employees of a public law enforcement agency,
employees of a fire department, or any other employee whose duties include responding to an
emergency, would not be public record.
HOUSE BILL 479, Auto Salvage Dealer Protection Act, has passed the House, and has been
assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 512, Amend/Clarify Back-Up PSAP Requirements, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 523, Drivers License Designation/American Indian, has passed the House, and
has been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 529, NC Drivers License Restoration Act, has passed the House and has been sent
to the Senate for their consideration.
HOUSE BILL 532, Malt Beverage Tech Changes/Sell Cider in Growlers, has passed the House
and has been sent to the Senate for their consideration. This bill was amended to delete the entire
contents of the previous bill and creates a new bill that would allow the retail sale of fortified
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North Carolina Sheriffs’ Association
May 1, 2015
wine dispensed from a tap connected to a pressurized container of gas into a clean, sanitized,
resealable container that is filled or refilled and sealed for consumption off the premises.
HOUSE BILL 554, Protect Public from Dangerous Wild Animals, has passed the House and has
been sent to the Senate for their consideration. This bill was amended to provide that the term
“dangerous wild animal” would include the gray wolf, but would not include red wolves as
previously written. Additionally, the term dangerous wild animal would include apes, old world
monkeys, new world monkeys (excluding humans), all species of marmosets, capuchin monkeys,
lemurs, and loris.
HOUSE BILL 562, Second Amendment Affirmation Act, has been reassigned to the House
Committee on Appropriations. This bill was amended in committee on April 28, 2015 and again
on April 29, 2015. Among the amendments that were made by committee are:
1.
A district attorney with a valid concealed handgun permit would be permitted to
carry a concealed weapon while in a courtroom.
2.
The Commissioner of Agriculture would be authorized to prohibit the carrying of
firearms on the State Fairgrounds during the State Fair. Individuals with valid
concealed handgun permits would however be allowed to secure their handguns
in their locked vehicles in the parking lot of the fairgrounds. The Department of
Agriculture, in consultation with the Department of Public Safety and the North
Carolina Sheriffs’ Association, would be required to study the best method to
allow persons with concealed handgun permits to carry concealed handguns from
the parking lot to the entrance of the State Fairgrounds and secure those handguns
near the entrance to the State Fair.
3.
An applicant for a North Carolina issued concealed handgun permit would no
longer be disqualified from receiving a permit based on convictions for assault
(with the exception of convictions for assaults on law enforcement officers and
other emergency services personnel) if three years had passed since the assault
conviction.
4.
Hunting would be allowed with short barreled rifles (rifles with a barrel length of
less than 16 inches or an overall length of less than 26 inches) in addition to
hunting with suppressors.
5.
The Administrative Office of the Courts, in consultation with the State Bureau of
Investigation, would be required to work with the National Instant Criminal
Background Check System (NICS) to determine the feasibility of reporting
additional information to NICS that would be grounds to disqualify an individual
from possession of firearms under federal law.
6.
Health care providers would be prohibited from soliciting or maintaining records
from patients concerning their possession of firearms or ammunition.
7.
The requirement to have a pistol purchase permit for the purchase or transfer of a
handgun would be abolished in North Carolina.
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May 1, 2015
The North Carolina Sheriffs’ Association supports maintaining North Carolina's pistol
purchase permit system.
HOUSE BILL 564, Exempt Motorcoach Manufacturer & Distributor, has passed the House and
has been sent to the Senate for their consideration.
HOUSE BILL 565, Threaten LEO or Correctional Officer, has passed the House and has been
sent to the Senate for their consideration. This bill was amended to make it a Class A1
misdemeanor for any person to knowingly and willfully make a threat to inflict serious bodily
injury upon or kill any law enforcement officer, probation officer, parole officer, or person who
is employed at a detention facility because of the exercise of that officer’s duties. The threat
would have to be received and believed by the officer. The previous version of the bill made it a
Class I felony and did not require that the officer actually receive or believe the threat.
The bill retained the language making it a Class I felony to knowingly and willfully make a
threat to inflict serious bodily injury upon or kill any other person as retaliation against an officer
but amended the language to add the requirement that the threat be received and believed by
either the officer or the person being threatened.
HOUSE BILL 566, Amend Eyewitness ID/Show-Up, has passed the House and has been sent to
the Senate for their consideration. This bill was amended and expanded to provide that a show up
would only be conducted when a suspect matching the description of the perpetrator is located in
close proximity in time and place to the crime, or there is a reasonable belief that the perpetrator
has changed his/her appearance in close time to the crime, and only if there are circumstances
that require the immediate display of a suspect to an eyewitness. Additionally, investigators
would be required to photograph a suspect at the time and place of the show up to preserve a
record of the appearance of the suspect at the time of the show up procedure.
The amended bill would also require the North Carolina Criminal Justice Education and Training
Standards Commission (Commission) to develop a policy regarding standard procedures for the
conduct of show ups. This policy would be mandatory for all law enforcement agencies and
would have to address the following:
1.
Standard instructions for eyewitnesses;
2.
Confidence statements by the eyewitness, including information related to the
eyewitness’s vision, the circumstances of the events witnessed, and
communications with other eyewitnesses, if any;
3.
Training of law enforcement officers specific to conducting show ups; and
4.
Any other matters deemed appropriate by the Commission.
HOUSE BILL 570, Facilitate Successful Reentry, has passed the House and has been sent to the
Senate for their consideration. This bill was amended to delete the entire contents of the previous
bill, and creates a new bill that would direct a law enforcement agency, at the time an individual
is taken into custody (upon arrest), to attempt to identify all outstanding warrants against the
individual and notify the appropriate law enforcement agency of the location of the individual.
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May 1, 2015
Similarly, prior to the entry of any order of the court in a criminal case, the court would be
required to attempt to identify all outstanding warrants against the individual and notify the
appropriate law enforcement agency of the location of the individual.
The Division of Adult Correction and Juvenile Justice of the Department of Public Safety would
be required to work with law enforcement, the district attorneys’ offices, and the courts to
develop a process, both at intake and before release of an inmate, to identify all outstanding
warrants on the inmate. An inmate would have to be notified of any outstanding warrants that
were discovered and of his/her right to counsel.
HOUSE BILL 613, Clarify Political Sign Ordinance Authority, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 616, Local Governmental Employees' Retire. COLA, has passed the House and
has been sent to the Senate for their consideration.
HOUSE BILL 626, Amend Prop. Damage Offenses, has passed the House and has been sent to
the Senate for their consideration. This bill was amended to alter the dollar value of damage to
real or personal property in order to determine the classification of crime committed.
As amended, damage willfully done to the personal property of another would continue to be a
Class 2 misdemeanor if the damage is $200 or less. This amendment would increase the
punishment to a Class 1 misdemeanor if the damage is between $200 and $5,000. Property
damage valued at more than $5,000 and up to $50,000 would be a Class A1 misdemeanor. If the
damage is more than $50,000, the person would be guilty of a Class I felony.
The willful and wanton injury to real property would be punishable as a Class 2 misdemeanor if
the damage is valued at $200 or less. Real property damage valued at more than $200 and up to
$5,000 would be punishable as a Class 1 misdemeanor. Damage valued at more than $5,000 and
up to $50,000 would be a Class A1 misdemeanor. Damage in the amount of more than $50,000
would be punishable as a Class I felony.
HOUSE BILL 627, Study Financial Transaction Card Fraud, has passed the House Committee
on Banking with amendments, and has been reassigned to the House Committee on Rules,
Calendar, and Operations of the House. This bill was amended to delete the entire contents of the
previous bill, and creates a new bill that would direct the Legislative Research Commission to
study the problem of credit card fraud in North Carolina. The study would evaluate issues such
as the impact of electronic chip and personal identification number technology in North Carolina
on merchants and financial institutions; whether North Carolina needs to enact laws governing
the use of banking devices and scanning devices; and whether current North Carolina laws
governing credit card fraud and identity theft are adequate.
HOUSE BILL 640, Outdoor Heritage Act, has passed the House and has been sent to the Senate
for their consideration.
This bill was amended to provide that any landowner or member of his or her family, or any
person with written permission from the landowner, may hunt with firearms on Sunday on the
landowner’s property with the following exceptions:
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May 1, 2015
1. The use of a firearm to take deer that are run or chased by dogs on Sunday is
prohibited (was, chasing deer with dogs, or allowing a dog to run or chase deer);
2. Hunting on Sunday within 500 yards of a place of worship or any accessory
structure thereof is prohibited (was within 300 yards of any place of worship);
3. Hunting on Sunday within 500 yards of a residence not owned by the landowner
is prohibited; and
4. Hunting on Sunday in a county having a population greater than 700,000 people is
prohibited.
The bill was also amended to allow a county to prohibit hunting on Sunday so long as the
ordinance doing so: 1) is applicable from January 1 until December 31 of any year of
effectiveness; 2) allows for individuals hunting in an adjacent county with no restriction on
Sunday hunting to retrieve any animal lawfully shot from the adjacent county; and 3) is
applicable to the entire county.
Additionally, the bill removes the language that required the use of body worn cameras by
wildlife enforcement officers.
HOUSE BILL 641, Amend Bail Bondsmen Statutes, has passed the House and has been sent to
the Senate for their consideration. This bill was amended to provide that an “approved provider”
for providing continuing education to bail bondsmen would be any entity that has been issued a
Certificate of Authority by the Commissioner of Insurance to provide either bail bond continuing
education or prelicensing courses in the State.
HOUSE BILL 659, Controlled Substances/Update Precursor List, has passed the House and has
been sent to the Senate for their consideration.
HOUSE BILL 669, Juvenile Law Changes/Abuse/Neglect/Dependency, has passed the House
and has been sent to the Senate for their consideration.
HOUSE BILL 676, Amend Compensation for Erroneous Conviction, has passed the House and
has been sent to the Senate for their consideration.
HOUSE BILL 678, Amend Innocence Commission Statutes, has passed the House and has been
sent to the Senate for their consideration. This bill was amended to make the following changes
to the previous version of the bill:
1. The Innocence Inquiry Commission (Commission) would be required to submit a
semi-annual report (was, an annual report) to the Director of the Administrative
Office of the Courts detailing information on the operations, expenses, and needs
of the Commission;
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2. The written statement the district attorney is authorized to provide to the
Commission prior to a Commission proceeding would be part of the record and
would no longer require that the statement convey his/her position on the case;
3. The new version of the bill removes the language which required the Director of
the Commission to use all due diligence to contact all codefendants associated
with a case if a formal inquiry is granted before the Commission;
4. The confidential case status update provided by the Director of the Commission
would no longer be required to include a summary of the actions taken since the
last update; and
5. The Commission would be given the authority, when requested, to search any
location where files or evidence are reasonably likely to be stored relating to a
claim subject to the Commission’s inquiry.
HOUSE BILL 691, Assault on National Guard Member, has passed the House and has been sent
to the Senate for their consideration.
HOUSE BILL 696, Debts to Judgment Debtors/Pay to Sheriff, has passed the House and has
been sent to the Senate for their consideration. This bill was amended to add a provision that
would allow a sheriff or coroner to not execute a judgment where the sheriff or coroner has
knowledge that the property to be sold to satisfy the judgment is exempt from execution, and the
exemption is written on the writ of execution.
HOUSE BILL 712, Pilot Project/Used Needle Disposal, has passed the House, and has been
assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 713, Body & Dash Cam Recording/Public Access, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 730, County Provide 911 Dispatch Services, has passed the House and has been
sent to the Senate for their consideration. This bill was amended to provide that the provisions of
the bill, if passed, would not apply if a county and city have entered into an agreement or
contract for the sharing of costs of 911 dispatch services on or before the date the bill becomes
law.
HOUSE BILL 735, Reinstatement of Driving Privileges, has passed the House and has been sent
to the Senate for their consideration. This bill was amended to add the North Carolina Sheriffs’
Association Statewide Misdemeanant Confinement Program to those entities that the Division of
Adult Correction and Juvenile Justice of the Department of Public Safety (Division) must
collaborate with in developing the process to allow an inmate to complete the requirements
necessary for reinstatement of the inmate’s driving privileges (suspended for certain impaired
driving offenses) before the inmate’s release. The bill was also amended to provide that the
Division may require an inmate participating in the reinstatement process to submit to a drug test
if it is reasonably suspected that the inmate is engaged in the illegal use of controlled
substances. If the inmate tests positive, the inmate would be ineligible to continue to participate
in the process.
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May 1, 2015
HOUSE BILL 736, NC Am. Indian Hunting/Fishing Rights, has passed the House and has been
sent to the Senate for their consideration.
HOUSE BILL 740, Allison's Law/GPS Tracking Pilot Prog/Dom Vio, has passed the House and
has been sent to the Senate for their consideration.
HOUSE BILL 760, Regulatory Reform Act of 2015, has passed the House Committee on
Regulatory Reform with amendments, has passed a second vote in the House and a third vote is
scheduled for Tuesday, May 5, 2015. This bill was amended and, among other changes, would:
1. Provide that no occupational licensing board (for example, the North Carolina
Criminal Justice Education and Training Standards Commission or the North
Carolina Sheriffs’ Education and Training Standards Commission), would be able
to contract with or employ a person licensed by the board (for example, sworn
law enforcement officers) to serve as an investigator or inspector if the licensee is
actively practicing in the profession or occupation over which the board has
jurisdiction. For example, off-duty law enforcement officers would be prohibited
under this amendment from serving as an investigator or inspector for either the
Criminal Justice or Sheriffs’ Commissions.
2. Make it unlawful to refuse to allow inspectors, protectors, or other law
enforcement officers to inspect weapons, equipment, fish, or wildlife that the
officer reasonably believes to be possessed incident to an activity regulated by
any law or rules as to which inspectors and protectors have enforcement
jurisdiction, irrespective of whether the officer has a reasonable suspicion that a
violation has been committed. The Wildlife Resources Commission would be
required to study whether, and under what circumstances, reasonable suspicion
that a violation has been committed should be required before a wildlife protector,
marine fisheries inspector, or other law enforcement officer would be able to
inspect weapons, equipment, fish, or wildlife.
HOUSE BILL 774, Restoring Proper Justice Act, has passed the House and has been sent to the
Senate for their consideration. This bill was amended to add that nothing in Chapter 132 of the
General Statutes (Public Records) would require or authorize a public agency to disclose any
information that reveals the name, address, qualifications, and other identifying information of
any person or entity that manufactures, compounds, prepares, prescribes, dispenses, supplies, or
administers the drugs or supplies obtained for executions.
HOUSE BILL 792, Privacy/Protection From Revenge Postings, has passed the House and has
been sent to the Senate for their consideration.
HOUSE BILL 793, Privacy/Up Secret Peeping Punishment, has passed the House and has been
sent to the Senate for their consideration.
HOUSE BILL 794, Protection from Online Impersonation, has passed the House and has been
sent to the Senate for their consideration.
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May 1, 2015
HOUSE BILL 797, Alarm Registration Info Not Public Record, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 804, Kelsey Smith Act, has passed the House and has been sent to the Senate for
their consideration.
HOUSE BILL 811, Law Enforcement Body-Worn Camera/Study, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 814, The William C. Lindley, Jr. SUDEP Law, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 816, Labor/Provide Relief for Caregivers, has passed the House and has been sent
to the Senate for their consideration. This bill was amended to delete the entire contents of the
previous bill and creates a new bill that would direct the Legislative Research Commission to
study the needs of working caregivers on issues such as:
1. The percentage of working caregivers in the workplace;
2. The needs of working caregivers;
3. Protections available to working caregivers under existing laws;
4. Leave policies for working caregivers;
5. Employer responses to the needs of working caregivers; and
6. Strategies for addressing the needs of working caregivers.
HOUSE BILL 826, Study Repeal of Second Primaries, has passed the House and has been sent
to the Senate for their consideration.
HOUSE BILL 829, Automatic License Plate Readers, has passed the House Committee on
Transportation with amendments, and has been reassigned to the House Committee on Rules,
Calendar, and Operations of the House.
HOUSE BILL 847, Amend Laws Re: Medical Treatment for Minors, has passed the House and
has been sent to the Senate for their consideration. This bill was amended to provide that no
person or institution would be able to file a report of abuse or neglect against a parent or legal
guardian based solely on the parent or guardian’s decision to follow treatments recommended by
a licensed health care provider or provider of mental health services. Even in the case of an
immediate, life-threatening situation, the decision of the parent or legal guardian to follow the
advice or treatment plan of a licensed health care provider or a licensed provider of mental health
services would not give rise to an obligation to report suspected abuse or neglect.
HOUSE BILL 881, Landlord/Tenant-Alias & Pluries Summary Eject, has passed the House and
has been sent to the Senate for their consideration. This bill was amended to provide that service
of a summary ejectment summons in counties with 200,000 or more residents (previously the bill
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provided 100,000 or more residents) could be accomplished either by a person over the age of 21
who is not a party to the action and who is hired by the plaintiff for the purpose of serving the
summons, or by the Sheriff of the county where the subject premises is situated.
The amended bill would also provide that, with respect to the service of notices for summary
ejectment proceedings in counties with 200,000 or more residents, a private process server hired
by the plaintiff or the plaintiff’s agent or attorney would be able to make proper service on the
defendant by mailing a copy of the issued summons and complaint to the defendant no later than
the end of the next business day after receipt of the summons and complaint, or as soon as
practicable, at the defendant’s last known address in a stamped addressed envelope. The private
process server would then be required to deliver a copy of the summons and complaint to the
defendant by affixing copies of these documents to some conspicuous part of the premises. The
North Carolina Sheriffs’ Association is opposed to the private service of process.
HOUSE BILL 896, Forcible Entry Into Car/Child Trapped Inside, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 909, Sale of Antique Spirituous Liquor, has passed the House and has been sent to
the Senate for their consideration. This bill was amended to change the definition of “antique
spirituous liquor.” Under the amended bill, antique spirituous liquor would mean spirituous
liquor that has not been in production or bottled in the last 20 years, is in the original
manufacturer’s unopened container, is not owned by a distillery, and is not otherwise available
for purchase by an ABC Board except through a special order process. Previously, the definition
of antique spirituous liquor was spirituous liquor that had been bottled for at least 20 years, in its
original, unopened bottle, and was intended for beverage use, and is no longer in production.
Antique spirituous liquor would only be able to be sold pursuant to an antique spirituous liquor
permit issued by the North Carolina Alcohol Beverage Control Commission.
HOUSE BILL 915, Veterans Plates/Vehicle Weight Restriction, has passed the House
Committee on Transportation, and has been reassigned to the House Committee on Finance.
HOUSE BILL 924, Highway Safety/Salary Changes, has passed the House and has been sent to
the Senate for their consideration. This bill was amended to remove the ability to use numeric
results on an alcohol screening test to show a person’s alleged impairment by an impairing
substance other than alcohol.
Additionally, if the Director of the State Bureau of Investigation determines that it would be
appropriate to hire reserve agents, those reserved agents would be considered employees of the
State Bureau of Investigation for purposes of any worker’s compensation claim arising from acts
occurring while the reserve agent was performing assigned duties.
SENATE BILL 22, Historic Artifact Mgt. and Patriotism Act, has passed the Senate, and has
been assigned to the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 83, Criminal Law/Filing False Document, has passed the Senate, and has been
assigned to the House Judiciary III Committee.
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SENATE BILL 124, Modernize Assumed Business Name Statutes, has passed the Senate, and
has been assigned to the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 182, Automatic License Plate Readers, has passed the Senate, and has been
assigned to the House Committee on Transportation.
SENATE BILL 192, Citations/Sheriffs Accept Faxes, has passed the Senate, and has been
assigned to the House Committee on Rules, Calendar, and Operations of the House. This bill was
amended to remove the language which would require every sheriff’s office in this State to
accept facsimile copies of domestic violence protective orders and civil no-contact orders for
service on defendants. The new version of the bill provides that the clerk of court is required to
deliver protective orders and civil no-contact orders directly to the appropriate law enforcement
agency for service. Additionally, these orders would be allowed to be transmitted by electronic
or facsimile transmission upon consent of the receiving law enforcement agency.
SENATE BILL 207, Aggravating Factor/Violent Act Before Minor, has passed the Senate
Judiciary I Committee with amendments. This bill was amended to require a judge to determine
the conditions of pretrial release when a defendant is charged with assault on, stalking,
communicating a threat to, or committing a felony upon a person with whom the defendant is or
has been in a dating relationship.
SENATE BILL 212, Handgun Standards for Retired Sworn LEO, has passed the Senate, and has
been assigned to the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 286, Regulate the Sale of E-Liquid Containers, has passed the Senate, and has
been assigned to the House Committee on Health.
SENATE BILL 288, Amend Laws Regarding Mental Commitment Bars, has passed the Senate,
and has been assigned to the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 298, School Bus Cameras/Civil Penalties, has passed the Senate, and has been
assigned to the House Judiciary III Committee.
SENATE BILL 327, Allow Prize-Linked Savings Accounts, has passed the Senate, and has been
assigned to the House Committee on Commerce and Job Development.
SENATE BILL 343, Student Assault on Teacher/Felony Offense, has passed the Senate, and has
been assigned to the House Committee on Rules, Calendar, and Operations of the House. This
bill was amended to provide that a student convicted of an assault on a school employee would
be guilty of a Class A1 misdemeanor for a first offense, a Class H felony for a second offense,
and a Class G felony for a third or subsequent offense. Under the previous version of the bill,
first offenses were Class I felonies and subsequent offenses were Class G felonies.
SENATE BILL 345, Limit Storage Fees on Damaged Vehicle, has passed the Senate, and has
been assigned to the House Committee on Rules, Calendar, and Operations of the House. This
bill was amended to remove the language concerning the amount of storage fees that may be
charged. The bill was also amended to provide that a motor vehicle towed and stored at the
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Weekly Legislative Report
North Carolina Sheriffs’ Association
May 1, 2015
direction of a law enforcement agency (was towed and stored by a law enforcement agency) after
a collision may be held for evidence no more than 20 days without a court order.
SENATE BILL 370, E-Signatures/Vehicle Title and Registration, has passed the Senate, and has
been assigned to the House Committee on Transportation.
SENATE BILL 378, Increase Punishment/Misd. Death by Vehicle, has passed the Senate, and
has been assigned to the House Committee on Rules, Calendar, and Operations of the House.
This bill was amended to provide that in addition to impaired driving violations, improper
equipment, financial responsibility requirement, registration requirement, and no operator’s
license violations, would not count as violations for the purposes of triggering the aggravated
misdemeanor death by vehicle provisions.
The bill also amended one of the requirements to commit the crime of aggravated misdemeanor
death by vehicle. The previous version provided that a person must have three or more previous
convictions for a violation of State law or a local ordinance applying to the operation or use of a
motor vehicle within seven years of the date of the offense. The amended bill makes it five years
instead of seven.
SENATE BILL 391, Enjoin Street Gang/Expires in Three Years, has passed the Senate, and has
been assigned to the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 477, Transfer of Bladen Correctional Facility, has passed the Senate, and has
been assigned to the House Committee on Rules, Calendar, and Operations of the House. This
bill was amended to delete the entire contents of the previous bill and creates a new bill that
would transfer the fenced off portion of the former Bladen County Correctional Center property
to the Bladen County Board of Commissioners to be used for county government purposes.
SENATE BILL 503, Sex Offense With Student/Charter Schools, has passed the Senate, and has
been assigned to the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 508, Amend Bail Bond Laws, has passed the Senate, and has been assigned to
the House Committee on Rules, Calendar, and Operations of the House. This bill was amended
to remove the language that required a copy of the order granting pretrial release to be given to
bond runners who provided a bond to the defendant. The bill was also amended to provide that a
bond surety would no longer be obligated on the bond if the defendant has entered into a written
conditional discharge.
SENATE BILL 545, Workforce Enrichment/Veterans, has passed the Senate, and has been
assigned to the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 570, Expunction/Boat Violation, has passed the Senate, and has been assigned to
the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 578, Transition Certain Abuse Investigations/DCDEE, has passed the Senate,
and has been assigned to the House Committee on Children, Youth, and Families.
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Weekly Legislative Report
North Carolina Sheriffs’ Association
May 1, 2015
SENATE BILL 600, Study/Autonomous Vehicles.-AB, has passed the Senate, and has been
assigned to the House Committee on Rules, Calendar, and Operations of the House. This bill was
amended to set out another definition of “autonomous vehicle.” Under the amended bill, an
autonomous vehicle would mean a vehicle capable of operating in a “full automation” mode
where full automation is defined as the unconditional, full-time performance by an automated
driving system of all aspects of the dynamic driving task under, at minimum, all roadway and
environmental conditions that can be managed by a human driver, including the ability to
automatically bring the vehicle into a minimal risk condition in the event of a critical vehicle or
system failure or other emergency event.
SENATE BILL 621, Registration Renewal Notice/E-Mail.-AB, has passed the Senate, and has
been assigned to the House Committee on Transportation.
SENATE BILL 652, Prohibit Re-Homing of an Adopted Minor Child, has passed the Senate,
and has been assigned to the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 699, Protect LEO Home Address/Other Information, has passed the Senate, and
has been assigned to the House Committee on Rules, Calendar, and Operations of the House.
This bill was amended to clarify that the Office of the Sheriff is the employer of a sworn law
enforcement officer employed by a county and the office of the chief of police is the employer
for a sworn law enforcement officer employed by a municipality.
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
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