Weekly Legislative Report
June 12, 2015
The Senate leadership has been busy the last few weeks working on their version of the
State budget bill. They announced that the appropriation subcommittees would present their
reports on Monday afternoon and that the full Senate is likely to vote on their version of the
budget bill next week. Their version will be sent to the House and a conference committee of
House and Senate members will be appointed to work out the differences between the House and
Senate versions.
The fiscal year for the State ends on June 30th. If they are not able to agree on a budget
by June 30th, they are likely to adopt a continuing resolution that will continue funding State
government at current levels until they can reach a budget agreement.
Senate Bill 2, Magistrates Recusal for Civil Ceremonies, was vetoed by Governor Pat
McCrory on May 28th, and the veto was overridden by the Senate on June 1st and by the House
on Thursday, June 11th. This bill has now become law effective immediately and will allow
magistrates, assistant registers of deeds and deputy registers of deeds to recuse themselves from
performing duties related to marriage ceremonies due to sincerely held religious objections. Now
that this legislation has become law, opponents have said that they are likely to file a lawsuit
challenging this law in court.
The House and Senate adjourned on Thursday and will reconvene on Monday.
BILL STATUS
HOUSE BILL 100, Record of Excusals from Jury Duty, has passed the Senate Judiciary II
Committee with amendments, and has been reassigned to the Senate Committee on Redistricting.
This bill was amended to add a provision that any person excused from jury duty for any reason
related to their ability to vote in North Carolina elections (for example, under the age of 18,
convicted of a felony and citizenship rights have not been restored, or moved to another state)
would be a public record. The clerk of superior court would keep a record of the excused
person’s name, address, reason for excusal and the date of excusal. The clerk of superior court
would also provide this information to the State Board of Elections.
The names and addresses of other persons who request to be excused from jury duty because
they are not qualified to serve as a juror for reasons other than their qualifications to vote would
be kept by the clerk of superior court for at least two years from the date of excusal, however the
information would not be a public record.
Weekly Legislative Report
North Carolina Sheriffs’ Association
June 12, 2015
HOUSE BILL 154, Local Governments in State Health Plan, has passed the Senate Committee
on Pensions & Retirement and Aging with amendments, and is scheduled to be considered by the
Senate on Monday, June 15, 2015. This bill was amended to allow units of local government to
enroll their employees and dependents in the State Health Plan for Teachers and State Employees
(Plan). In order to participate, a unit of local government would be required to pass a valid
resolution expressing the local government’s desire to participate in the Plan, enter into a
memorandum of understanding with the Plan, and provide at least 90 days’ notice to the Plan
prior to entry. The Plan would be required to admit any local government unit that meets the
administrative and legal requirements necessary, regardless of the financial impact on the Plan.
Local governments would be allowed to participate until the number of employees and
dependents enrolled in the Plan reaches 10,000, after which time no additional local governments
may join the plan. Any local government electing to participate would have to have less than
1,000 employees and dependents enrolled in health coverage at the time the local government
provides notice to the Plan of its desire to participate.
HOUSE BILL 192, Compliance Court Costs, has passed a second vote in the House, and has
been reassigned to the House Judiciary I Committee. This bill was amended to remove child
restraint violations from the list of offenses for which a person would be allowed to provide
proof to the district attorney that the person has corrected the violation in exchange for the
district attorney potentially dismissing the charge.
HOUSE BILL 222, Retention Elections/Supreme Court, has been signed into law by Governor
Pat McCrory with an effective date of June 11, 2015.
HOUSE BILL 327, Study EMS Safety/EMS Personnel Tech Changes, has passed the Senate
Committee on Health Care with amendments.
HOUSE BILL 346, Counties/Public Trust Areas, has been signed into law by Governor Pat
McCrory with an effective date of June 11, 2015.
HOUSE BILL 352, Standard of Proof/Public Safety Dispatchers, has been signed into law by
Governor Pat McCrory with an effective date of June 11, 2015.
HOUSE BILL 552, Graffiti Vandalism, has been signed into law by Governor Pat McCrory with
an effective date of December 1, 2015.
HOUSE BILL 560, Assault Emergency Workers/Hospital Personnel, has been approved by the
General Assembly and sent to Governor Pat McCrory for his signature.
HOUSE BILL 574, Opossum Exclusion From Wildlife Laws, has been signed into law by
Governor Pat McCrory with an effective date of June 11, 2015.
HOUSE BILL 615, Probation Violation Court Costs, has passed the House and has been sent to
the Senate for their consideration.
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Weekly Legislative Report
North Carolina Sheriffs’ Association
June 12, 2015
HOUSE BILL 691, Assault on National Guard Member, has been signed into law by Governor
Pat McCrory with an effective date of December 1, 2015.
HOUSE BILL 766, Amend CBD Oil Statute, has passed the Senate Committee on Health Care
with amendments.
HOUSE BILL 836, Election Modifications, has passed the Senate Committee on Rules and
Operations of the Senate with amendments, has been approved by the General Assembly and
will be sent to Governor Pat McCrory for his signature. This bill provides for various changes
affecting elections. A new provision was included in the bill which would allow a city to hold a
malt beverage or unfortified wine election if all of the following are met: 1) the county in which
more than 50% of the area of the city is located has already held such an election and the election
voted down the sale of the specified alcoholic beverages; 2) the city has a population of 200
persons or more; and 3) the county in which more than 50% of the area of the city is located
contains three or more cities that have voted to allow malt beverage and unfortified wine sales.
HOUSE BILL 909, ABC Omnibus Legislation, has been approved by the General Assembly and
sent to Governor Pat McCrory for his signature.
SENATE BILL 2, Magistrates Recusal for Civil Ceremonies. The veto of this bill by Governor
Pat McCrory was overridden by the General Assembly. This bill was enacted into law with an
effective date of June 11, 2015.
SENATE BILL 60, No-Contact Order/No Expiration, has been approved by the General
Assembly and sent to Governor Pat McCrory for his signature.
SENATE BILL 83, Criminal Law/Filing False Document, has been approved by the General
Assembly and sent to Governor Pat McCrory for his signature.
SENATE BILL 154, Clarifying the Good Samaritan Law, has been approved by the General
Assembly and sent to Governor Pat McCrory for his signature. This bill is supported by the
North Carolina Sheriffs’ Association.
SENATE BILL 161, Supreme Court Sessions in Morganton, has been approved by the General
Assembly and sent to Governor Pat McCrory for his signature.
SENATE BILL 513, North Carolina Farm Act of 2015, has passed the House Committee on
Agriculture with amendments, and has been reassigned to the House Committee on Finance.
This bill was amended to allow a winery that produces at least 10,000 gallons of wine per year
from honey, grapes, or other fruit or grain grown in North Carolina to be eligible for a farm
winery permit. The previous version of the bill provided that only a winery that produces at least
75% of its wine from honey, grapes, or other fruit or grain grown in North Carolina could be
issued a farm winery permit. The amended bill also provides for special circumstances (natural
disaster, act of God, continued adverse weather condition) in which the Commissioner of
Agriculture, in consultation with the Chairman of the Alcoholic Beverage Control Commission,
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Weekly Legislative Report
North Carolina Sheriffs’ Association
June 12, 2015
may give authorization to a farm winery permittee to manufacture or sell wine produced from
grapes grown outside the state.
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