Bills of Interest Introduced This Week

Complete texts of all of the bills listed below are available at the General Assembly's bill look-up search engine. Just type in the number of the bill you're interested in (no periods, no spaces) in the search field.

Senate Bills

S 1497 LAKE JAMES STATE PARK FUNDS. Appropriates $5,000,000 for 2000-2001 from General Fund to Department of Environment & Natural Resources as title indicates. Effective July 1, 2000. Introduced by Metcalf and Carter. Referred to Appropriations

S 1501 AMEND CLEAN WATER TRUST FUND (=H 1815). Changes the method of allocation in the Clean Water Trust Fund. Identical to H 1815, introduced 5/30/00. Introduced by Rand. Referred to Agriculture. See House bill below.

S 1502 INCREASE FEES/INVESTMENT ADVISOR. Amends GS 78C-16(b1) to allow investment adviser representatives to be registered with more than one investment adviser if purpose is to solicit, offer, or negotiate sale of investment advisory services for investment advisers. Requires such representatives to register separately for each investment adviser for whom business is solicited and to disclose to each person solicited any compensation arrangements to extent required by Sec' y of State. Also amends GS 78C-17(b) to increase the registration fee from $45 to $55 for investment adviser representatives. Effective Oct. 1, 2000. Introduced by Harris. Referred to Finance

S 1506 COURT COSTS FOR TECHNOLOGY (=H 1854). Amends various sections of GS 7A to raise fees for district and superior court criminal, civil, special proceeding and estate cases by $4 per case. Raises General Court of Justice fee in small claims cases by $5 per case. Raises minimum fee for each annual filing for trust created under will and for each filing indicating additional assets in gross estate of decedent by $5. Raises fee for probate of will without personal representative by $3. Raises fee for administration of decedent' s estate by affidavit by $4. Raises fee assessed in foreclosure by $10. With exception of increase fees for administration of estate by affidavit, amount equal to fee increase to be credited to Court Information Technology Fund under GS 7A-343.2. Effective July 15, 2000 and applies to costs assessed or collected on and after that date. Introduced by Hoyle, Hartsell, Kerr and Odom. Referred to Appropriations

S 1507 MODIFY BILL LEE ACT. Identical to H 1814 (detailed below), introduced 5/30/00. Introduced by Hoyle. Referred to Finance

S 1510 SIMPLIFY TAX LAWS. Repeals SL 1999-414, which, effective January 1, 2001, adds GS 105-163.2A to require parties paying out pensions to withhold state income tax in some instances. Introduced by Webster. Referred to Rules

S 1512 CLEAN WATER TRUST FUND/ADDITIONAL FUNDS. Directs State Controller to not reserve any of unreserved credit balance in General Fund to cited fund at end of fiscal 2000-2001. Effective July 1, 2001, amends GS 143-15.3B to direct legislature to appropriate $40,000,000 per year to fund; amends same statute in 2002 to raise annual amount to $70,000,000 and to $100,000,000 in 2003. Deletes statutory requirement that a portion of unreserved credit balance in General Fund be credited to fund. Effective June 30, 2001. Introduced by Robinson, Carter and Metcalf. Referred to Appropriations

S 1513 SCHOOL CALENDAR LAW CHANGES (=H 1847). Amends GS 115C-84.2(a)(1) to require each local board of education to adopt a school calendar of 220 days per fiscal year, which shall include either 180 days or 1,000 hours of instruction covering at least nine calendar months. One thousand hours shall be considered the equivalent to 180 days for the purpose of computing the minimum number of instructional days required by subdivision and for the purpose of computing the number of instructional days worked by teachers. Amends GS 115C-84.2(c) to provide that during any period of emergency or state of disaster which requires (i) the evacuation of all or part of the population from any stricken or threatened area or (ii) severe limitations on nonessential vehicular traffic in or to the area, the Governor may order the closing of public schools in the area. Hours or days the schools are closed pursuant to this section shall be counted as instructional hours or days, and they do not have to be made up by students or teachers and do not affect teacher pay. Introduced by Lucas. Referred to Education

S 1514 OVERWIDTH PERMITS. Required the DOT to issue special permits for the transit of manufacturing housing up to 16 feet in width; sets a fee of $12 for single trip and $60 for annual permit. Introduced by Albertson. Referred to Finance

S 1520 ADDITIONAL FLEXIBILITY/COMM. COLL. FUNDS. Deletes provision in S.L. 1999-237 sec. 9.5 (1999 Appropriations Act) requiring funds appropriated for salary increases to be used only for salary increases and necessary employer contributions. Introduced by Hagan. Referred to Education

S 1525 BEACH NOURISHMENT/CLEAN WATER FUNDS. Specifies that the Clean Water Management Trust Fund can make grants for beach nourishment projects. Introduced by Ballantine. Referred to Agriculture

S 1526 GOOD ROADS FOR NORTH CAROLINA (=H 1836). Appropriates $45,000,000 for fiscal 2000-2001 from Highway Fund to Department' t of Transportation for additional contract resurfacing. Directs Department' t to study ways of incorporating measures of maintenance needs into allocation formulas for maintenance funds, with report to Legislative Transportation Oversight Comm' n no later than Dec. 1, 2000. Introduced by Foxx and Carpenter. Referred to Transportation

S 1527 STATE HIGHWAY PATROL REIMBURSED SPECIAL SERVICES. Requires Department to study implementation of a program for reimbursement to the State of costs for added services provided by the State Highway Patrol at various categories of scheduled events organized and operated by private, for-profit corporations. Department to report results of study to Joint Legislative Transportation Oversight Committee by December 1, 2000. Introduced by Foxx. Referred to Appropriations

S 1534 UNC NONAPPROPRIATED CAPITAL/REV. BONDS (=H 1853). Authorizes the construction and financing, without appropriations from the General Fund, of certain capital improvement projects at UNC System campuses, and amends the laws regarding certain revenue bonds that may be issued by the Board of Governors. The capital improvements projects authorized are:

1. Appalachian State University

New Dining Hall – Supplement $9,569,744

Steam Distribution – Reconstruction $3,109,200

2. East Carolina University

West End Dining Hall – Supplement $5,089,700

3. North Carolina School of the Arts

Technology Infrastructure – Residence Halls $1,000,000

4. North Carolina State University

Expansion of Parking Facilities $9,000,000

Centennial Campus Infrastructure $18,780,000

Centennial Campus Tenant Upfits $6,750,000

5. UNC-Asheville

New Residence Hall – Supplement $3,720,800

6. UNC-Chapel Hill

Sonja H. Stone Black Cultural Center $9,000,000

7. UNC-Charlotte

Alumni Center $3,300,000

8. UNC-Greensboro

Parking Deck $11,000,000

9. UNC-Pembroke

Dining Hall Addition $750,000

Amends GS 116-187 to authorize issuance of bonds to pay for projects or for nonprofit corporations providing such projects. Amends definition of “institution” at GS 116-189(4) to include the UNC Health Care System and UNC General Administration. Amends GS 116-189(5) to revise definition of term “project.” Amends GS 116-190(8a) to provide that in connection with contracts with nonprofit corporations, (i) to use alternative contracting methods, (ii) to direct that insurance be provided by the nonprofit rather than the State, and (iii) to contract with certified code-compliance reviewers, with no other reviews by State or local jurisdictions required. Introduced by Kerr. Referred to Finance

S 1542 VIDEO POKER MACHINES ILLEGAL. To make possession of more than three video poker machines on one premise illegal in North Carolina and to impose a privilege tax on all video poker machines. Introduced by Wellons. Referred to Finance

S 1543 REDUCE PAPERWORK IN PUBLIC SCHOOLS-1 (=H 1848). Amends GS 115C-307(g) to require that teachers in public schools be given access to information in the Student Information Management System. Prohibits local school boards from requiring teachers to provide information that is already in information system, or from providing same information more than once a year, or to complete forms related to federal Individuals with Disabilities Education Act unless the form is required by the federal government. Allows local school board to require information twice if it shows a compelling need to do so. Amends GS 115C-47(18) to eliminate duplicate and obsolete reports required of teachers, and to require board to establish a paperwork reduction committee. Directs State Board of Education to review reports it requires from local boards to see if any are duplicative or obsolete, to develop plan for paperless student information system by 2005-2006 school year, to work with federal education department to standardize forms required in cases involving disabled students, to study use of funds to comply with state and federal laws on education of students with disabilities, and to develop plan to reduce costs in such compliance matters by 50% for 2001-2002, and to use only federal funds for such compliance by 2002-2003 school year. Requires report to Legislative Education Oversight Committee by Dec. 15, 2001. Appropriates $20,000 from General Fund to State Board for 2000-2001 to conduct study. Effective July 1, 2000. Introduced by Dalton. Referred to Education

S 1544 TOURIST DIRECTIONAL SIGN PROGRAM. Requires DOT to implement a tourist oriented directional sign (TODS) program. Defines a TODS as a guide sign displaying business identification and directional information for tourist-oriented businesses, services, and activities. Specifies eligibility criteria for businesses to be included on signs and requires DOT to issue rules dealing with, among other things, fees for cost of signs; size, color, and letter height of signs; and number of panels per sign. Appropriates $10,000 from General Fund to DOT for 2000-2001 to implement program. Effective July 1, 2000. Introduced by Garrou. Referred to Appropriations

S 1552 ESTABLISH INVESTMENT ADVISORY COMM. Adds GS 147-69.4 to create the Investment Advisory Committee, consisting of five members who serve staggered two-year terms. One member appointed by Governor, and two each appointed by President Pro Tempore of the Senate and the Speaker of the House of Representatives. Sets forth duties of Committee. Adds GS 147-69.5 to provide for development of investment policy statement by Committee that sets forth standards governing investment of trust funds by State Treasurer. Requires State Treasurer to meet quarterly with Committee, and to note in annual report to General Assembly any investment policy made against the recommendation of the Committee. Effective April 1, 2001. Introduced by Hoyle. Referred to Finance

S 1554 PASS-THROUGH ENTITY/HOUSING TAX CREDIT. Amends GS 105-129.16B to provide that a pass-through entity that qualifies for the credit provided in this section may allocate the credit among any of its owners in its discretion as long as the amount of credit allocated to an owner does not exceed the owner' s adjusted basis in the pass-through entity at the end of the taxable year in which the federal credit is first claimed. Makes provisions for forfeiture for disposition and for change in ownership, with exception to latter if change in ownership is result of death of owner or a merger, consolidation, or similar transaction requiring approval by shareholders, partners, or members of the taxpayer, to extent taxpayer does not receive cash or tangible property. Provides for liability from forfeiture. Effective for taxable years beginning January 1, 2000, and applies to buildings to which federal credits are allocated on or after January 1, 2000. Introduced by Hoyle. Referred to Finance

H 1812 NO SALES TAX ON DONATIONS. Rewrites GS 105-164.13(42) to allow exemption from sales tax for any donation of personal property by merchant that is removed from inventory and donated to any entity for which contributions may be deducted for federal income tax purposes. Introduced by Allred. Referred to Finance.

House Bills

H 1814 MODIFY BILL LEE ACT (=S1507). Amends GS 105-129.6(a1) to provide that fee does not apply to any credit the taxpayer intends to claim with respect to a location that is in a development zone as defined in GS 105-129.3A. Amends GS 105-129.13(e) to provide that there is no fee for an application under this section. Amends GS 105-129.5 to provide that any unused portion of a credit may be carried forward for the succeeding 15 years if the Sec' y of Commerce certifies when an application for the credit is first made that the taxpayer will purchase or lease, and place in service in connection with the eligible business within a two-year period, at least $50 million of real property, machinery and equipment, or central office or aircraft facility property. Makes forfeiture provision. Amends SL 1999-237 and GS 143B-437.01(a) to provide limit use of industrial recruitment competitive fund. Amends GS 143B-431.2 to provide Department of Commerce may not make a loan nor award a grant to any individual, organization, or governmental unit in default on Department loan. Makes conforming changes to GS 105-129.2, 105-129.4, 105-129.7(b), and 105-129.12. Amends GS 105-129.4(e) to add as condition to new investment definition requirement that business was acquired by its employees directly or indirectly through an acquisition company, as defined in this section. Defines “qualified low income building” to include those located in a county that, at the time the federal credit is allocated to the building, has been designated as having sustained severe or moderate damage from a hurricane or hurricane-related disaster, and lists counties. Makes other conforming changes. Makes various sections of act effective between May 1, 1999 and January 1, 2001. Introduced by Owens and Nesbitt. Referred to Finance

H 1815 AMEND CLEAN WATER TRUST FUND (=S 1501). Requires that funds in the Clean Water Management Trust Fund be allocated to 17 river basin accounts in amount equal to the population in that river basin on June 30 of that fiscal year (at rate of $1.00 per person). Directs trustees of Clean Water Fund to award grants from these accounts for purposes described in current GS 113-145.3. Provides further that eligible river basin association, as defined in new GS 113-145.3A(d), may apply to trustees for authority to award grants for its river basin. Also amends GS 113-145.6A to require river basin associations that award grants to submit quarterly financial reports, beginning Nov. 1, 2000, to Trustees of Clean Water Fund and specified commissions and legislative committees. Effective July 1, 2000. Introduced by Hurley. Referred to Rules

H 1816 GENDER EQUITY REPORTING. Provides that in appointing members to any statutorily created county board of health, district board of health, area mental health authority, board of social services, alcoholic beverage control board, or any other decision-making or regulatory public office as that term is defined by GS 143-47.6(2), the appointing authority should select, from among the most qualified persons, those persons whose appointment would promote membership that accurately reflects the proportion that each gender represents in the State, unless the law requires otherwise. Requires annual report, by December 1, to Sec' y of State by each comm' n, council, committee, board, or other entity, on forms to be provided by Sec' y. Single report to be compiled by Sec' y and made to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. Appropriates $25,000 for 2000-2001 from General Fund to Department of the Secretary of State. Effective July 1, 2000. Introduced by Adams. Referred to Rules

H 1819 RURAL REDEVELOPMENT AUTHORITY FUNDS (=S 1516). Adds Part 2D (GS 143B-437.20 through 143B-437.33) in GS Ch. 143B, Art. 10, which creates NC Rural Redevelopment Authority and specifies its powers, duties and purposes. Locates Redevelopment Authority within Department of Commerce but gives it power to employ, direct, and supervise its personnel independently of Secretary of Commerce. Establishes 8-member board comprised of two members appointed by Governor, two by Speaker, and two by President Pro tem; Secretary of Commerce, who serves ex officio; and CEO of Redevelopment Authority. Authorizes Redevelopment Authority to create Rural Investment Fund to make intermediate-term loans to government entities and nonprofits for self-liquidating projects, such as shell buildings, in rural counties. Also authorizes creation of Long-Term Rural Development Fund for, among other purposes, acquiring and developing property for industrial sites and industrial parks in rural counties; providing road and railroad improvements for such projects; and providing fiber optic cable and other infrastructure to accommodate high-speed Internet access. Adds Redevelopment Authority to entities covered by GS 120-123 (prohibiting service by members of General Assembly on certain boards) and 126-5(c1) (exempting certain state employees from state personnel system). Appropriates $250,000 from General Fund to Redevelopment Authority for 2000-2001. Effective July 1, 2000. Introduced by Tolson, Baddour, Redwine, and Easterling. Referred to Ways & Means

H 1823 TOBACCO SETTLEMENT RECEIPTS BONDS. Adds GS 142-57 to provide that State Treasurer may, by and with the consent of the Council of State, issue and sell from time to time special limited obligation bonds of the State to pay the cost of State-authorized programs. Sets terms for sale of bonds. Adds GS 142-58 to provide that any bonds issued under this article may be secured by a trust agreement by and between the State and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Adds GS 142-59 to provide that State is authorized to pledge all or any portion of the settlement receipts to the payment of the principal of, premium, if any, and interest on bonds issued under this article, and makes provision for limited obligations. Introduced by Baddour, Allen, Alexander, and Hill. Ref. to SLCTTB

H 1824 TEACHER TAX CREDIT. Adds new GS 105-151.29 to give classroom teachers in low-performing public schools, as defined in GS 115C-105.37, a $400 tax credit for each semester of taxable year. Defines classroom teacher as full-time permanent employee who spends at least 50% of school day providing classroom instruction. For married couple filing joint return, allows each qualifying spouse to claim separate credit. Effective for taxable years beginning on or after Jan. 1, 2001. Introduced by Arnold. Referred to Finance

H 1858 LOCAL WATER QUALITY PLANS. Creates Art. 17 in GS Ch. 113A (GS 113A-240 through 113A-244) establishing cooperative program of water quality management among local governments in coastal area, local governments in the eight coastal river basins, and state government. Creates 15-member Clean Water Comm' n within DENR, composed of five members appointed by Governor, five appointed by General Assembly on recommendation of Speaker, and five appointed by General Assembly on recommendation of President Pro Tem. Requires that nominees be residents within upstream counties or coastal areas and limits number of appointees from any particular county. Requires each local government within the eight coastal river basins that has within its jurisdiction a watershed that drains into the coastal area to adopt a local water quality management plan, which must be submitted to Comm' n for approval. Requires plan to include, among other things, inventory of local government' s surface water resources, analysis of water quality, and inventory and analysis of land uses adjacent to water sources. Requires Comm' n to assist local governments in developing plan. Also requires Comm' n, after notice to local government, to assume responsibility for water quality management planning when the local government fails to adopt a plan meeting Comm' n standards or fails to enforce the provisions of its plan. Provides for civil penalties for failure to administer, enforce, or comply with plan. Introduced by Culpepper. Referred to Environment

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