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Raleigh, North Carolina
April 20, 2007
Sometimes it is not necessarily the action on a bill that wins the day but that legislators and other lobbyists know NCRMA is watching sometimes keeps people in check. On at least three occasions this week, legislators sang music to our ears in committee hearings on bills we had showed up merely to keep an eye on. That music does not sound like Beethoven or the Beetles but instead sounds like "Mr. Chairman, I see the Retail Merchants are here and I wanted to make sure they did not have a concern with this bill before we voted on it."
Those who live on Jones Street resembled gerbils on the wheel this week as legislators, lobbyists and legislative staff pushed toward the Wednesday bill filing deadline for non-appropriations and non-finance bills. Quietly people wonder if International Paper and Weyerhaeuser are not in cahoots with legislators at the NC General Assembly as they have filed nearly 3,500 bills this session - 1,560 in the Senate and 1,867 in the House. Everyone is keeping a close eye on whether the House can meet their target date of the first week of May to pass their version of the State Budget with the other eye clearly focused on the Crossover Deadline of May 17th when every non-money bill must clear its house of origin to remain eligible for consideration.
This lengthy Friday Retail Week in Review highlights some familiar issues for you (1-21 below) and also runs through a reel of newly filed legislation (22-65 below) for your review.
Granted this is a lot of information to comb through but your NCRMA staff has spent many, many hours this week reviewing 500 or 600 bills to narrow it down to issues you may care about. The bills retailers care about are wide and diverse and in fact several lobbyists have approached us this week to inquire whether we were interested in specific pieces of legislation. One seasoned lobbyist went so far to make the comment "you guys are involved in more bills in this place than any other interest group so it never hurts to ask you guys if you are interested in a certain bill and see if we can get you to join another fight." We never mind to get into a fight on your behalf but cannot do so unless you point us in the right direction.
So please, please take the time to read through both the hot topics of the week and the newly filed bills let us know how these issues do or do not affect you and whether you want us to try and amend, pass or kill certain bills. This Retail Week in Review at the NCGA is packed with information that affects you.
1. Gift Card Fees - Met with Commerce committee chair, were successful in getting the banks involved
2. More Plaintiffs Challenges in Jury Selection - postponed for the third time!
3. Energy Efficiency - met with working group yesterday, next meeting in two weeks, still need your responses
4. Peanut Allergies- met with bill sponsor
5. Health Inspection Fees - working with NC Restaurant Association
6. Bed bugs - continued meetings with bill sponsor Purcell and DENR this week
7. Cigarette Tax Stamps - coordinating with wholesalers on opposition effort
8. ORT/Amend Larceny Laws - companion bill introduced in House
9. Rebate Redemption Deadlines - met again with bill sponsor, 90 days, $5 min., AG's office
10. ABC Violations/Fee Changes - met with sponsor Bingham again and setting up meeting with RASS
11. Smoking Ban - Changed in committee to give more local authority, scheduled for House calendar next week
12. Streamlined sales tax - bundled transactions , passed
13. Drug paraphernalia - passed house committee
14. Diabetes Management - wasn't subject to filing deadline, expect to file next week, working with med society
15. MedVantax - Senate leadership meeting next week, NCRMA & Mike James ahead of the curve
16. PDA/Gold Standard - $28 million FL - e-prescribing
Filed this week.
17. Below Cost Gas/Drain'em Dry - met with bill sponsors, Cole and Brubaker
18. Coupon Bill - met with bill sponsor, Gibson, this week
19. Electronics Recycling Bills - filed in House, conference call scheduled Wed. with Senate sponsor Kay Hagan
20. DOT Express Permitting - Carney files with Ray, Saunders and Lucy Allen to co-sponsor
21. Collective Bargaining -multiple bills filed in House
22-65: More Retail Bills of Interest Filed This Week.
1. PROHIBIT GIFT CARD MAINTENANCE FEES -- SB 1517 - Senator Robert Atwater (D-Chatham)
http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S1517v1.html
SB 1517 prohibits the use of maintenance or dormancy fees on gift cards or gift certificates. A violation would be an unfair and deceptive trade practice. The bill would be effective October 1 of this year and violation of the provision is punishable by a $1,000 civil penalty. The bill applies to gift cards sold on or after that date.
We met with Senator R.C. Soles, Chair of the Senate Commerce committee to discuss SB 1517 this week. Senator Atwater filed this bill at the request of Senate staff. We were successful in getting the banks involved this week and are still working with the phone companies. To further illustrate the effect this legislation would have on our members and how the gift card system operates, we made the following points:
When we were pushed to leave gift cards without an expiration date, it creates the problem of retailers having an open-ended liability on their books. Additionally, the fee is often charged because the retailer must pay a third-party company a monthly fee to manage and maintain these dormant gift cards.
Many banks issue gift cards through Visa, American Express and MasterCard that carry upfront fees of up to $5.00 at the time of purchase and dormancy or maintenance fees that begin after six months and run from $1.50 to $2.50 per month.
Florida, West Virginia and Alabama , like North Carolina, currently have no laws restricting gift cards. Georgia, South Carolina and Maryland require that any fees be disclosed while Tennessee does not allow dormancy or maintenance fees to be charged for two years.
The most analogous example is depositing $50 into a bank account. The bank charges the customer a service fee every month to maintain that balance or to use an ATM to get a portion of the $50 except that these service fees start the first month the money is deposited into the bank account. With a gift card, the retailer or issuer is charging a similar fee to maintain this gift card amount except that the dormancy or maintenance fee is not being charged until, in most cases, there has been no activity on the card in twenty-four months.
2. CIVIL JURY SELECTION/EQUAL CHALLENGES -- HB 244 - Representative Bill Faison (D-Orange) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H244v2.html
HB 244 was again pulled from the House calendar this week by Representative Bill Faison. Faison, a trial attorney from Orange County, introduced HB 244 which has now been pulled three times from the House calendar due to the rallying of the business community lobby against this bill. We explained that while plaintiffs enter into a suit voluntarily with the same interest - multiple defendants, possibly with differing interests, are brought into a case together involuntarily and need the individual discretion if they have antagonistic views. This bill also takes away the discretion that is currently provided to a judge in this situation.
The bill, which enjoyed bipartisan sponsorship including that of Minority Leader Paul "Skip" Stam (R-Wake), would require that when judges allow multiple defendants to double or triple the number of presumptive challenges of jurors that single plaintiffs bringing the cases be allowed to challenge the same number of jurors. Under current law, a judge may award up to six challenges to each defendant, while a single plaintiff gets only six. The change would likely have an affect on product liability and medical malpractice cases where multiple defendants are typical - the types of cases in which Faison has been a very successful trial attorney.
3. ENERGY EFFICIENCY -- SB 3 - Senator Charlie Albertson (D-Duplin)
http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S3v1.html
Your NCRMA staff attended the working group meeting yesterday at the legislative building with 69 other stakeholders to run through amendments to the legislation. The group attempted to resolve differences between the utilities, enviros and those of us left with the bill. SB 3 is the energy bill that calls for more renewable energy sources and restructures the way utilities recoup the costs of new plant construction. The conversation ran in circles again this week without much resolve by the end of the meeting.
To submit changes to the legislation, please make all changes in the original statute. Due to its length, the statute could not be attached, but it can be found online at NCRMA's website: http://www.ncrma.org/Rates%20of%20Public%20Utilities.pdf
The next meeting of interested parties is still scheduled to meet Thursday, May 3 at 2:00pm in Room 544 of the Legislative Office Building, which is located at: 300 North Salisbury Street, Raleigh, NC 27603-5925.
4. PEANUT ALLERGIES -- HB 1377: Representative Martha Alexander (D-Mecklenburg)
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H1377v1.html
NCRMA met with Representative Martha Alexander on her bill which would require the Public Health Division of the Department of Health and Human Services to adopt rules requiring stores that prepare or serve food (grocery delis) containing peanuts or tree nuts to post a consumer advisory in a conspicuous place where it may be readily observed by the public prior to consumption of the food. The advisory shall explain peanut and tree nut allergies and health-related consequences to individuals with peanut or tree nut allergies who are exposed to food items that contain or are prepared with peanuts or tree nut products. In addition to the consumer advisory, the establishment shall include in or with its menu an advisory statement about peanut and tree nut allergies and shellfish allergies.
We explained to Representative Alexander that federal law already requires that allergens be included on the label of many prepared foods and have been working with FMI to gather more information to take back to Rep. Alexander. Alexander had a young constituent die from a reaction to peanuts contained in Chinese food at a mall food court a couple of years ago which has made this a hot-button issue for her.
5. HEALTH INSPECTION FEES -- HB 1363: Representatives Melanie Goodwin (D-Richmond) and Carolyn Justice (R-Pender)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1363v1.html
A local board of health may impose a fee for services to be rendered by a local health department, except when the imposition of a fee is prohibited by statute or when an employee of the local health department is performing the services as an agent of the State.
This bill would amend the statute to allow local health departments to impose fees for the regulation of Food and Lodging Facilities. The fees would be based upon a plan recommended by the local health director and approved by the local board of health and the appropriate county board or boards of commissioners. The fees collected would be deposited to the account of the local health department.
We have been working with the NC Restaurant and Lodging Association on this piece of legislation to keep this inspection process, which serves the public good, paid for by those that are served rather than by the industries being regulated.
6. BED BUGS -- SB 1331 - Modify Bedding Sanitation Laws - Senator Bill Purcell (D-Scotland)
http://www.ncga.state.nc.us/Sessions/2007/Bills/Senate/HTML/S1331v1.html
NCRMA has continued in its discussions with the Department of Environment and Natural Resources concerning legislation that would dramatically expand the law on inspection and storage for bedding and what items the law would apply to going forward. The Department continues to want to expand the law requiring inspection, storage and sanitizing from mattresses and box springs to things like tables, chairs, sofas, couches, rugs, carpets, dressers, cabinets, bed frames, bed posts, bed headboards, bed footboards, and any other furniture normally found in a home or rental unit.
Additionally, the Department would like to redefine a second-hand good as any item that is kept overnight rather than actually used. Finally, the Department bent on its stance this week on wanting to require that second-hand items must be kept in a separate building rather than in a separate room as is now required. The Department believes it would be as simple as requiring each item to be inspected and if there are no bed bugs, that the item could be stored anywhere in the store. The Department offered to provide training for retailers probably without recognizing how many retail outlets there are in the state.
On Thursday, NCRMA relayed concerns with all of these issues to the bill sponsor Senator Bill Purcell (D-Scotland) and Senator Purcell has requested that we continue discussions with the Department but does not seem to have this at the top of his priority list as far as bills go.
7. CIGARETTE TAX STAMPS -- HB 1475 - Restore Cigarette Tax Stamps - Representative Dan Blue (D-Wake)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1475v0.html
HB 1475 and SB 1411 require that North Carolina tobacco wholesalers affix an excise stamp to cigarettes prior to distribution. This legislation was introduced at the request of Philip Morris and has the effect of causing retailers who act as their own wholesalers a tremendous amount of money. Lorillard and RJ Reynolds oppose the legislation.
Currently, NC doesn't require a tax stamp to be affixed to cigarettes sold in NC. If retailers have to start affixing stamps to the cigarette packs, retailers will have to maintain a very costly stamp inventory. The stamping of cigarettes is far from being a perfect process, costs additional employee time and will make it much harder for trucks to leave on time with the cigarette orders.
The House bill has been referred to the Judiciary II committee (Chaired by Rep. Blue). If given a favorable report, the bill would then have to go to the House Finance Committee. Your staff has already been working with the wholesalers on this issue in the Senate and are working to keep the bill in Senate Finance.
8. ORGANIZED RETAIL THEFT (ORT) -- HB 1379 - Amend Larceny Laws, Representative Van Braxton (D-Lenoir)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1379v1.html
SB 1270: Amend Larceny Laws, Senator John Snow (D-Cherokee)
http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S1270v0.html
We spoke with bill sponsor, Senator John Snow, Senator Fletcher Hartsell (R-Cabarrus), Judiciary II Chairman, and legislative staff this week to begin setting up a meeting of the ORT subcommittee appointed by Hartsell. Senator Snow is working with legislation staff on a meeting date for next week.
We will be working with the committee to provide background information on each of the issues addressed in the bill: retailer-provided property for sting operations, reducing the larceny threshold, switching of bar codes on products, utilizing exit doors, removal of security devices, larceny of infant formula and the aggregation of theft amounts.
The ORT subcommittee is as follows: Senators John Snow (Chair), Stan Bingham (R-Davidson), Eddie Goodall (R-Union), Ed Jones (D-Halifax) and Bob Atwater (D-Chatham).
9. REBATES REDEMPTION DEADLINE -- SB 1055 - Senator Richard Stevens (R-Wake)
http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S1055v1.html
This bill requires persons offering rebates to mail the rebate within 30 days after the postmark date of the completed rebate form submitted by the consumer. The rebate forms must conspicuously show the terms of the rebate and its expiration date and the bill makes a violation an unfair trade practice and subject to all enforcement and penalty provisions applicable to unfair trade practices. The bill would be effective October 1, 2007.
Senator Stevens was very reasonable to talk to about our issues and agreed to compromise with us and extend the mail-in time frame to 60 days. At the time, the telephone companies were on board with 60 days as well but now have come back to say that they need 90 days. Senator Stevens also agreed to a $5.00 dollar threshold. According to Senator Stevens in our meeting with him this week, the Attorney General's office has contacted him about this issue for the first time and he is awaiting changes from them. We should find out next week where the AG's changes would take us on the bill.
10. ABC VIOLATIONS/FEE CHANGES -- SB 838 - Senator Stan Bingham (R-Davidson)
http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S838v1.html
Your NCRMA staff met with stakeholders two weeks ago to discuss our concerns with the bill. We explained that penalties are pretty stiff as they are, and we make an enormous effort with respect to training and procedures to comply with the regulations to the fullest. Senator Bingham worked with us to organize a meeting with representative from the ABC Commission as well as the Beer and Wine Wholesalers, Convenience Store Association and the Restaurant and Lodging Association. Andy Ellen explained these same concerns to the ABC Commission staff and questioned the need for doubling penalties when they already have the ability to fine up to $5,000.
Senator Bingham was helpful in getting the Commission to agree to look at some new language that would limit the violations that would be susceptible to these exorbitant fines. We are working to set up a meeting with the Responsible Alcohol Sales and Service (RASS) coalition which was originally set up through the executive branch.
Senate Bill 838 was requested by the NC ABC Chairman Doug Fox. The bill would double the penalties for ABC violations as follows:
For a first violation from $500 to $1,000
For a second violation from $750 to $1,500
For a third violation from $1,000 to $2,000
For an offer in compromise where the Commission could suspend of revoke an ABC permit, it would allow the Commission to charge the permittee up to $25,000 rather than the current amount of $5,000.
11. SMOKING BAN -- HB 259 - Prohibit Smoking in Public Places - Representative Hugh Holliman (D-Davidson)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H259v2.html
HB 259 was pulled from the House calendar last week and re-referred to the House Judiciary 1 committee. In the J1 committee meeting this week, Holliman had again altered the bill to try to appease more members and therefore, retrieve more votes. Amongst other exceptions, the House committee substitute shifts the focus of the bill to prohibiting smoking in food and lodging establishments and state government buildings and leaves it to local governments to generate laws and ordinances prohibiting smoking in public places and places of employment. The bill specifies that the provisions of the statute do not prohibit local governments from adopting a more restrictive policy on smoking in workplaces and public places. The bill would go into effect January 1, 2008. This bill should be back on the House calendar next week.
12. STREAMLINED SALES TAX/BUNDLED TRANSACTIONS -- HB 257 (SB 259): Representative Dewey Hill (D-Columbus)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H257v1.html
On Thursday, Representative Dewey Hill (D-Columbus) was successful in getting House Bill 257 through the House Finance Committee. This legislation would ensure North Carolina 's continued compliance with the Streamlined Sale Tax Agreement that is seeking to level the playing field between remote retailers and main street merchants.
North Carolina has collected nearly $15 million in voluntary sales tax collections this year from remote vendors. Representative Hill's bill would provide some clarification on how bundled transactions - such as gift baskets - should be taxed when the bundled goods would be taxed differently if sold separately. Although NCRMA has been the long-time champion of Streamlined Sales Tax, NCRMA had expressed some initial concern with the bill because of custom-made baskets and the need to continuously determine the applicable sales tax. The bill was fixed to exclude custom-made baskets from the new formula which means this legislation providing some tax clarity on these items will only apply to pre-made baskets and bundles.
13. DRUG PARAPHERNALIA -- HB 953 (SB 1449): Regulate Sales/Glass Vials & Cigarette Wrap, Representatives Mark Hilton (R-Catawba), Warren (D-Alexander), Kiser (R-Lincoln)
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML
This legislation requires retailers selling glass vials that are two to six inches long and one-eighth inch to three-fourth inch in diameter that may be used as drug stems or rolling papers used for smoking tobacco to sell these items from behind the counter and maintain a purchase log that is similar to the log required under the law regulating the sale of pseudoephedrine. The glass vials often contain a silk rose that is removed and then used to smoke crack cocaine or methamphetamine.
The bill was heard in House Commerce this week and now goes to the House Judiciary III committee. We have been meeting with the bill sponsors on this issue for several weeks and are working to resolve our differences, including deleting the requirement of the log if we can satisfy that his concerns are being addressed.
14. DIABETES MANAGEMENT LEGISLATION --NCRMA has continued to meet with the NC Medical Society on a house bill to extend Diabetes Self-Management Education (DSME) coverage to NC Medicaid Beneficiaries when a program is ADA accredited. Currently, reimbursement is contingent upon outpatient training services being provided "incident to" the physician. Diabetes management programs are a cost-saver by reducing Hemoglobin A1c, blood pressure, weight and increased compliance to preventative care. Representative Lucy Allen (D-Franklin) plans to file the bill but we are awaiting further draft changes from the NC Medical Society. It was determined by legislative staff that this bill was not subject to this week's filing deadline and therefore can be filed next week.
15. BLUE CROSS PUSHING MedVantax DRUG KIOSKS -- Earlier this year, Blue-Cross and Blue-Shield convinced some physicians to begin installing drug-dispensing kiosks from a company called MedVantax in their offices. These machines supposedly were issuing samples of generic drugs but were in actuality dispensing a thirty-day supply of a prescription medication. The North Carolina Board of Pharmacy informed these physicians that they would need to be regulated as dispensing physicians and that MedVantax would need to obtain a pharmacy permit. MedVantax declined to do so and the Board eventually held a hearing on the subject. One of the big issues at the hearing was whether or not Blue-Cross and Blue Shield was paying physicians to dispense these medications. However, Blue-Cross and Blue-Shield declined to get involved with the hearing and told the Board that the matter was between MedVantax and the Board.
Now it appears that Blue-Cross and Blue-Shield has changed its tune and has arranged for a presentation next Tuesday for Senator and House Leadership as well as for various Senators and Representatives heavily involved in health care issues. NCRMA learned of this presentation on Wednesday and in cooperation with Mike James and the Association of Community Pharmacists met with key legislators and legislative staff and provided them with a copy of a letter from the North Carolina Board of Pharmacy to MedVantax prohibiting the use of these machines unless a number of issues were cleared up. All of the legislators and staff we met with are now armed with questions and concerns about this dispensing machine before they arrive at next week's presentation.
16. ELECTRONIC PDAs FOR MEDICAID -- In an effort to fight off a reimbursement cut two years ago, NCRMA and the Association of Community Pharmacists pushed for legislation to put PDAs with Medicaid patient information in the hands of 1,000 doctors. The Gold Standard program saved the State of Florida over $8 million in the first year through reduced prescriptions, avoided drug interactions and preventing Medicaid fraud.
NCRMA and the Association of Community Pharmacists were successful in getting a special provision requiring the Medicaid Department to implement such a program but unfortunately the program was hung up in state government bureaucracy and still has not been implemented. Just this week the State of Florida announced cost-savings of $28 million for the 2006 fiscal year.
NCRMA provided this information to Senate and House Appropriations Leaders on Thursday and demonstrated that money continued to be left on the table and that the failure to implement this program was also hindering the advance of electronic prescribing in North Carolina. A number of these legislators could not believe that this program had not been put in place and were investigating how to get this program jumpstarted with the Medicaid Department.
RETAIL BILLS FILED THIS WEEK.
17. BELOW COST GAS / DRAIN ' EM DRY -- HB 1805: Representatives Nelson Cole (D-Rockingham) and Harold Brubaker (R-Randolph)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1805v1.html
As we expected, this bill initiated by the NC Petroleum Marketers and the NC Convenience Store Association, was filed this week. This bill specifies that no entity may limit the quantity of motor fuel sold from a motor fuel pump to any one customer to a quantity less than the entire supply that is owned or possessed by the seller that the seller is authorized to sell at the place of sale unless preempted by a state of emergency. Fuel purchased must be dispensed into an approved container. Each violation of the act is a separate offense punishable by a civil penalty of up to $5,000. Injunctive relief may also be sought. The bill would go into effect October 1, 2007 for sales on or after that date.
As, under this bill, a retailer could not limit the amount of gasoline a purchaser may buy - a competitor could come to a competing retailer's store who is supposedly selling below cost and "drain'em dry" which would supposedly force the retailer to raise their prices. We recognize that there are safety issues involved with this bill and have already alerted the state fire marshal. Additionally, we cannot figure out how this will impact Code 96 invoked by Visa or Mastercard - where credit card companies limit sales to $50 by Visa and $75 by Mastercard and if the retailer allows a sale to exceed $50 then the credit card company does not pay the retailer a penny. This bill has been referred to the House Committee On Judiciary III.
18. MANUFACTURER COUPONS/PURCHASING ABC PRODUCTS (=S 1478) -- HB 1534: Representative Pryor Gibson (D-Anson)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1534v1.html
Identical to SB 1478, Representative Gibson's bill would allow the use of retailer-issued alcohol coupons in North Carolina. State Alcoholic Beverage Control Commission rules now prohibit cents-off coupons or free beverages as part of alcohol advertising. This bill would allow a retailer to offer a discount coupon to purchase beer and wine or allow a customer to use the buyer's membership card, discount card or loyalty card to receive the discount. Free alcoholic beverages still wouldn't be permitted and parameters would be set to address concerns expressed about underage drinking. The change wouldn't apply to state ABC stores, which sell liquor and where manufacturers sometimes offer instant coupons on their products.
We fought an uphill battle on coupons last session with both the legislature and the ABC Commission but despite our best efforts, we were unable to succeed in passing legislation or getting a new rule from the Commission. We had the votes but not the political stars in alignment to gain passage. We have already met with several legislators on this issue and hope to have a better star alignment this session. The House bill has been referred to the Commerce committee and then, if favorable, to the House Judiciary II committee.
19. ELECTRONICS RECYCLING -- HB 1777 - Representative Pryor Gibson (SB 1525)
http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2007&BillID=H1777
Representative Gibson filed a House companion bill to Senator Kay Hagan's SB 1525 this week. We have spoken with both Hagan and Gibson about the need to incorporate our language to include televisions into a new proposed committee substitute before the bill is heard in committee. We have also set up a call next Wednesday with Senator Hagan and Marc Pearl, Executive Director of the Consumer Electronics Retailers Coalition (CERC) to talk about the bill in more detail.
20. DOT EXPRESS PERMITTING -- HB 1632: Representative Becky Carney (D-Mecklenburg) Ray, Saunders, Allen
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1632v1.html
Representative Becky Carney filed HB 1632 which arose from discussions we had with her earlier in the session when Scott Mason with Lowes was in town to meet with legislators. Delays with DOT permitting arose as a topic of discussion. Unlike the Department of Environment and Natural Resources, the Department of Transportation does not have an "express permitting" process. It has become an ordeal for many retailers to get driveway, encroachment or signaling permits in a timely manner.
DOT staff admitted that there are delays particularly in the area of driveway permits but were concerned that there would not be enough time to try to implement a DOT express permitting program this year. It took an appropriation for DENR to begin their program and the DOT budget has already been submitted. This bill would direct the Joint Legislative Transportation Oversight Committee to conduct a study of this issue and report back by March 10, 2008. The bill is in the House committee on Transportation.
21. COLLECTIVE BARGAINING FOR GOVERNMENT WORKERS -- HB 1583: RESTORE CONTRACT RIGHTS TO STATE/LOCAL Introduced by: Representative Dan Blue (D-Wake)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1583v1.html
TO RESTORE CONTRACT RIGHTS TO STATE AND LOCAL ENTITIES.
Repeals GS 95-98 (which prohibits collective bargaining between state or local governments and employee associations or unions). Amends GS 135-18.8 and 143B-426.40A to delete provisions in those statute that make authority to use payroll deductions for specified association membership contingent on the association's not engaging in collective bargaining. Amendment to GS Chapter 135 effective July 1, 2007. Referred To House Committee On Judiciary II
HB 1584: PUBLIC SAFETY EMPLOYER/EMPLOYEE COOP. ACT -- Introduced by: Representative Dan Blue (D-Wake)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1584v1.html
Enacts new GS Chapter 17F, which allows public safety officers employed by local governments to form an association or labor organization. When an organization demonstrates it represents more than half of the non-supervisory public safety officers, the organization may advocate for its members, be present at interrogations of members, meet with the employer's leadership, reduce agreements to a memorandum of understanding, and enforce the memorandum in a civil action. Allows an officer whose rights under GS Chapter 17F have been violated to sue in civil court to obtain injunctive relief and monetary damages, and if injury is caused by reprisals for joining the association, treble damages. Allows reasonable costs and expenses, less attorneys' fees, to an officer who prevails, in the court's discretion, and to the employer if the suit is frivolous. Referred To House Committee On Ways and Means
MORE RETAIL BILLS OF INTEREST FILED THIS WEEK.
22. HB 1499: SMALL BUSINESS TAX CREDIT - MILITARY CALL-UP. -- Introduced by: Representatives Grier Martin (D-Wake), Hugh Holliman (D-Davidson), Ray Warren (D-Alexander), and Van Braxton (D-Lenoir)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1499v1.html
TO PROVIDE FOR A TAX CREDIT FOR SMALL BUSINESSES TO OFFSET EMPLOYMENT COSTS ASSOCIATED WITH ACTIVE DUTY DEPLOYMENT OF MEMBERS OF THE RESERVES OR NATIONAL GUARD. Enacts new GS 105-129.16G to allow an income and franchise tax credit for a small business that temporarily replaces a Ready Reserve-National Guard employee on active duty or that employs a Ready Reserve-National Guard employee who returns from active duty. The credit is 100% of the regular compensation paid for up to three months for temporary replacement and for up to one month for a returning employee. The credit may not exceed 50% of the tax against which it is claimed; any excess may be carried forward for five years. Recodifies the definition of small business. Effective beginning with the 2007 tax year and expires January 1, 2012.
23. HB 1513: FUNDS FOR SENIORS' PRESCRIPTION DRUG COSTS -- Introduced by: Representative Verla Insko (D-Orange)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1513v1.html
TO IMPROVE ACCESS TO PRESCRIPTION DRUG COVERAGE FOR NORTH CAROLINA SENIOR CITIZENS. Appropriates $500,000 for 2007-08 and $500,000 for 2008-09 from the General Fund to the Department of Health and Human Services to increase the monthly subsidy available to eligible participants in the NCRx program for premium assistance in the Medicare Part D prescription drug program from $18 to $25.30. Effective July 1, 2007.
24. HB 1520: SELECTION OF ALTERNATE JURORS -- Introduced by: Representative Bill Faison (D-Orange)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1520v1.html
TO CLARIFY THE NUMBER OF PEREMPTORY CHALLENGES AVAILABLE WITH RESPECT TO SELECTION OF ALTERNATE JURORS IN CIVIL CASES. Amends GS 9-18(a) to provide that a plaintiff, or collective plaintiffs, are entitled to a total of two peremptory challenges and that the defendant, or collective defendants, are entitled to a total of two peremptory challenges as to each alternate juror. Current law states that each party is entitled to two peremptory challenges as to each alternate juror. Effective for actions called for trial on or after October 1, 2007.
25. HB 1531: CLARIFY SMALL BUSINESS HEALTH INSURANCE CRDT -- Introduced by: Representative Hugh Holliman (D-Davidson)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1531v1.html
TO CLARIFY THE SMALL EMPLOYER HEALTH INSURANCE TAX CREDIT. Amends GS 105-129.16E(a) to clarify that a small business that pays at least 50% of the premiums for a health benefit plan sold by a small employer carrier (was, for health coverage that equaled the minimum provisions of the basic health care coverage recommended by the Small Employer Carrier Committee) is eligible for a tax credit. Effective for taxable years beginning on or after January 1, 2007.
26. HB 1564: REPEAL ESTATE AND GIFT TAXES -- Introduced by: Representatives Becky Carney (D-Mecklenburg) and Jeff Barnhart (R-Cabarrus)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1564v1.html
TO REPEAL THE ESTATE AND GIFT TAXES AND EXPAND THE SALES TAX BASE TO OFFSET THE LOSS IN REVENUE.
Repeals Article 1A (Estate Taxes) of GS Chapter 105, effective January 1, 2009, with respect to estates of decedents dying on or after that date. Repeals Article 6 (Gift Taxes) of GS Chapter 105, effective January 1, 2009, with respect to gifts made on or after that date. Makes conforming amendments to GS 105-241.1(e). Directs the Revenue Laws Study Committee and the State and Local Fiscal Modernization Study Commission to study the issue of applying sales and use tax to services. Requires the committee and the commission to make recommendations on expanding the sales and use tax base to offset lost revenue. Permits recommendations on further expanding the sales and use tax base and lowering tax rates to maintain revenue neutrality. Requires report to 2008 Regular Session of the 2007 General Assembly.
27. HB 1565: LOCAL FISCAL MODERNIZATION -- Introduced by: Representatives Becky Carney (D-Mecklenburg) and Jeff Barnhart (R-Cabarrus)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1565v1.html
TO PROVIDE FOR ADDITIONAL LOCAL REVENUE OPTIONS AND TO MAKE OTHER CHANGES THAT PROMOTE FISCAL MODERNIZATION. Enacts new Subchapter X, Article 60, of GS Chapter 105, authorizing municipalities and counties to levy a room occupancy tax if approved by the voters of the municipality or county, up to any rate approved by the voters. Provides that if a municipality or county levies a tax under the new article, it loses any existing authority to levy the same tax under a local act. Provides for the levy, administration, collection and repeal of the tax. The provision is effective when the bill becomes law, but an occupancy tax levied under the provision may not become effective before July 1, 2007. Repeals Article 44 of GS Chapter 105 (third one-half cent local government sales and use tax) and any tax levied under the article. Amends GS 105-164.4(a) to increase the sales tax from 4% to 4.5%. Amends GS 108A-54 to remove the county's Medicaid share. Amends GS 105-113.5 to increase the cigarette tax from 35 cents a pack to 75 cents a pack. Amends GS 20-97 to allow cities to levy a municipal vehicle tax of no more than $20 (was, $5) a year and provides that the section does not affect the validity of a local act authorizing a city to levy a tax at a rate higher than $20. Makes conforming changes to GS 105-269.14(b), effective for taxable years beginning on or after January 1, 2008. Effective July 1, 2007, unless otherwise indicated.
28. HB 1568: STATE HEALTH INSPECTORS -- Introduced by: Representative Thomas Wright (D-New Hanover) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1568v1.html
RELIEVING COUNTIES OF THE AUTHORITY TO EMPLOY LOCAL HEALTH INSPECTORS AND PROVIDING FOR LOCAL HEALTH INSPECTIONS UNDER THE AUTHORITY OF THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Amends GS 130A-5, which establishes the duties of the Secretary of Health and Human Services, to specify that the Secretary's duty to make sanitary and health inspections includes all health inspections at the local level. Amends GS 153A-149(c)(13) to provide that county funds may not be used for the salaries of local health inspection personnel. Amends GS 153A-226(b), pertaining to the inspection of local jails, to remove all references to inspections conducted by local health departments and to require a State health inspector to issue a report on the condition of each local jail. The bill does not amend any other statutes that require inspections to be conducted by local health departments-such as GS 130A-337 (septic tank inspections)-and therefore may be intended to apply only to inspections of local jails, but this conclusion is in apparent contradiction to the more broadly worded amendments to GS 130A-5 and 153A -226(b).
29. HB 1571: UNIFORM APPORTIONMENT OF TORT RESPONSIBILITY -- Introduced by: Representative John Blust (R-Guilford) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1571v1.html
TO ENACT THE UNIFORM APPORTIONMENT OF TORT RESPONSIBILITY ACT. Enacts new Chapter 1F of the General Statutes as the Uniform Apportionment of Tort Responsibility Act. Provides that in actions seeking damages for personal injury or harm to property based on negligence, any contributory fault that may be charged to a claimant diminishes the amount the claimant would otherwise be entitled to recover as compensatory damages by the percentage of responsibility assigned to the claimant. Provides a mechanism for determining percentages of responsibility, the amount of the several share for which each liable party is responsible, and reallocation of uncollectible shares. Provides for rights of contribution from jointly liable parties. Provides that a release discharges the person from liability to the claimant to the extent provided in the agreement and from liability for contribution to any other person liable to the claimant. Provides that if an employer or workers' compensation lien is asserted, the employer or insurer is deemed to have its obligation paid as if the employer or insurer had received a release. Makes other conforming amendments. Effective January 1, 2008, and applies to actions originally filed on or after that date.
30. HB 1577: RELATING TO HEARING AID DEALERS AND FITTERS AND TO AUTHORIZE THE NORTH CAROLINA STATE HEARING AID DEALERS AND FITTERS BOARD TO INCREASE CERTAIN FEES -- Introduced by: Representative Bobby England (D-Rutherford)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1577v1.html
Amends GS 93D-1 to change the name of the board charged with enforcing the provisions of GS Chapter 93D to the North Carolina State Hearing Aid Licensing Board. Makes conforming changes throughout GS Chapter 93D. Enacts new GS 93D-2.1 establishing guidelines for the sale, lease, or rental of hearing aids when there is no fitting, selection, or adaptation of the hearing aid instrument by the person offering the hearing aid for sale or lease.
Under current law, a person 17 years of age or older may apply to the NC State Hearing Aid Licensing Board (Board) for registration as an apprentice. Amends GS 93D-9 to increase the minimum age of the applicant to 18 and to require the applicant to pass a pre-qualifying examination within 30 days of the application in order for the registration to entitle the applicant to fit and sell hearing aids under the supervision of a holder of a regular license. Specifies the content of the pre-qualifying exam. Makes technical and conforming changes to GS Chapter 93D regarding testing requirements for an apprentice working under the supervision of a Board licensee. Amends GS 93D-3, 93D-5, and 93D-11 to increase certain maximum fees regarding registration, licensing, and exams. Makes additional changes regarding annual reports, Board member expenses, and the deadline for certain refunds (GS 93D-3); requirements for licensure (GS 93D-5); discipline, suspension, and revocation of licenses, and confidentiality of records (GS 93D-13).
31. HB 1581: INCREASE THE EXCISE TAX ON MALT BEVERAGES -- Introduced by: Representative Edgar Starnes (R-Caldwell)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1581v1.html
TO INCREASE THE EXCISE TAX ON MALT BEVERAGES BASED ON THE ALCOHOL BY VOLUME OF THE BEVERAGE.
Amends GS 105-113.80(a) as title indicates. For beverages that have alcohol content of not more than 6%, the rate remains the same (53.177 cents per gallon). Raises the tax for beverages with alcohol content above 6%and up to 16% to 79.485 cents per gallon and raises the tax for beverages with alcohol content greater than 16% to 90.84 cents per gallon. Does not amend the definition of malt beverage in GS 105-133.68 and 18B-101, which limits the alcohol content to 15%.
32. HB 1582: DEFINITION OF FARMER FOR SALES AND USE TAX -- Introduced by: Representatives Edgar Starnes (R-Caldwell) and Dewey Hill (D-Columbus)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1582v1.html
OF FARMER FOR PURPOSES OF APPLYING THE SALES AND USE TAX EXEMPTION TO ITEMS SOLD TO FARMERS AND TO EXPAND THE EXEMPTION TO INCLUDE ITEMS SOLD TO LESSORS OF FARMLAND.
Enacts new GS 105-164.3(9a) expanding the definition of farmer to include a Christmas tree farmer, tree farmer, nursery operator, greenhouse operator, orchardist, and "any other person coming within the generally accepted definition of the word." Excludes from the definition persons who merely cultivate gardens for personal use. Amends GS 105-164.13(1) and (1a) to exempt from sales and use tax sales of listed items to a lessor of farmland for use by the lessor or the lessor's lessee (formerly only sales of qualifying items to a farmer were excluded from sales and use tax). Exempts sales of listed items for use in growing Christmas trees as well as crops. Effective January 1, 2008, and applicable to sales made on or after that date.
33. HB 1590: HEALTH INSURANCE POLICY CHANGE/FISCAL IMPACT -- Introduced by: Representative Bobby England (D-Rutherford) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1590v1.html
TO REQUIRE INSURERS THAT PROVIDE HEALTH BENEFIT PLANS TO PROVIDE HEALTH CARE PROVIDERS WITH A FISCAL IMPACT REPORT WHEN THE INSURER MAKES A SUBSTANTIAL POLICY CHANGE. The fiscal impact report must comply with certain specified requirements. Prohibits insurer from implementing a cost-saving measure or policy change that substantially affects the cost of delivery of health services by licensed providers or groups of providers without developing a plan to fully compensate the enrolled health care providers for the costs associated with implementing the measure or policy change. Effective January 1, 2008, and applies to health benefit plan issued, delivered, or renewed on or after that date.
34. HB 1592: ALLOW AUDIOLOGIST TO FIT/SELL HEARING AIDS -- Introduced by: Representative Bobby England (D-Rutherford)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1592v1.html
ALLOWING AUDIOLOGISTS TO FIT AND DISPENSE HEARING AIDS, AUTHORIZING THE NORTH CAROLINA STATE HEARING AID DEALERS AND FITTERS BOARD TO ADOPT RULES TO IMPLEMENT THIS ACT, AND AUTHORIZING THE BOARD OF EXAMINERS FOR SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS TO CHARGE A FEE TO FIT OR SELL HEARING AIDS. Amends GS 90-293(6) to include fitting and selling hearing aids within the definition of practice of audiology. Makes conforming changes to GS Chapter 93D. Adds new GS 93D-3.1 to establish a joint committee of the North Carolina State Hearing Aid Dealers and Fitters Board and the Board of Examiners for Speech and Language Pathologists and Audiologists to review and make recommendations or rules governing the sale of hearing aids.
35. HB 1613: LOCAL EMPLOYMENT DISCRIM. ORDINANCES -- Introduced by: Representative Larry Hall (D-Durham) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1613v1.html
AUTHORIZING LOCAL GOVERNMENTS TO ADOPT ORDINANCES TO REGULATE TRADE AND LABOR AND TO ESTABLISH OR REESTABLISH PROGRAMS TO PROHIBIT DISCRIMINATION IN EMPLOYMENT.
Amends GS 160A-201 and GS 153A -455 to authorize a city or county to adopt ordinances to establish programs to prohibit discrimination in employment or otherwise regulate trade and labor. Amends GS 160A-209(c) and GS 153A -149(c) to authorize a city or county to levy property taxes for the purpose of supporting programs to prohibit discrimination in employment or regulate trade and labor, up to a maximum rate limitation of $1.50 per $100 valuation.
36. HB 1622: WORKERS' COMP/REDUCE THRESHOLD TO ONE WORKER -- Introduced by: Representative Melanie Goodwin (D-Richmond)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1622v0.html
TO REDUCE FROM THREE TO ONE THE THRESHOLD NUMBER OF EMPLOYEES WHOSE EMPLOYMENT IS WITHIN THE PURVIEW OF THE WORKERS' COMPENSATION ACT. Amends GS 97-2(1), as title indicates. Effective October 1, 2007, and applies to claims filed on or after that date. Referred To House Committee On Commerce, Small Business and Entrepreneurship
37. HB 1623: WORKERS' COMP/MEDICAL DIAGNOSTIC TESTING -- Introduced by: Representative Melanie Goodwin (D-Richmond)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1623v0.html
TO REQUIRE THE ATTENDING PHYSICIAN OF AN EMPLOYEE TO SELECT THE HEALTH CARE PROVIDER AND THE DIAGNOSTIC SERVICES CENTER TO ADMINISTER AND ANALYZE ANY DIAGNOSTIC TESTS AUTHORIZED BY A PHYSICIAN UNDER THE WORKERS' COMPENSATION ACT.
38. HB 1635: SALES TAX HOLIDAY CHANGES -- Introduced by: Representative Jennifer Weiss (D-Wake) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1635v0.html
In an effort to accommodate students at college and universities - this bill moves the sales tax holiday to the third Friday through Sunday in August. It also increases the cap on the sales price of eligible textbooks to $300 to be included in the items exempt from sales tax. The bill amends GS 105-164.3 to include a definition of school instructional material. Effective July 1, 2007.
Referred To House Committee On Commerce, Small Business and Entrepreneurship & if favorable, to finance.
39. HB 1647: NC WINE & GRAPE COUNCIL/PROMOTIONAL FUNDS (=S 1155) -- Introduced by: Representatives Pryor Gibson (D-Anson) and Jim Harrell (D-Surry) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1647v1.html TO APPROPRIATE FUNDS TO THE NORTH CAROLINA WINE AND GRAPE GROWERS COUNCIL TO PROMOTE WINES PRODUCED IN NORTH CAROLINA.
40. HB 1671: ARBITRATION/NEGLIGENT HEALTH CARE ACTIONS -- Introduced by: Representatives Bobby England (D-Rutherford), Rick Glazier and Ray Rapp. http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1671v1.html TO PROVIDE FOR THE ARBITRATION FOR CAUSES OF ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH BASED ON ALLEGED PROFESSIONAL NEGLIGENCE IN THE PROVISION OF HEALTH CARE, UPON THE AGREEMENT OF ALL PARTIES TO AN ACTION.
41. HB 1673: LITTER PREVENTION AND CONTROL LRC STUDY -- Introduced by: Representative Lucy Allen (D-Franklin) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1673v1.html TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY THE PREVENTION, CONTROL, AND REDUCTION OF LITTER. As title indicates. Final report due in 2009, and interim report may be produced for 2008 session. Effective July 1, 2007. (includes studying roadside litter) Referred To House Committee on Rules, Calendar, and Operations of the House
42. HB 1678: LRC STUDY LITTERING -- Introduced by: Representative Nelson Cole (D-Rockingham) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1678v1.html TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY LITTERING AND THE ENFORCEMENT ISSUES REGARDING THAT OFFENSE. Requires the Legislative Research Commission to make a final report to the 2009 General Assembly upon its convening and allows an interim report to the 2008 Regular Session. Referred To House Committee On Rules, Calendar, and Operations of the House.
43. HB 1680: PREPAID WIRELESS/SERVICE CHARGES (=S 1398) -- Introduced by: Representative Earl Jones (D-Guilford) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1680v1.html AMENDING THE SERVICE CHARGE FOR PREPAID WIRELESS SERVICE AND ALLOWING RETAIL VENDORS OF PREPAID WIRELESS SERVICE TO COLLECT THE SERVICE CHARGES AND REMIT THE AMOUNTS TO THE WIRELESS 911 BOARD. Referred To House Committee On Public Utilities then to House Committee On Finance.
44. HB 1681: PREPAID WIRELESS PHONE SERVICE CHARGES/STUDY -- Introduced by: Representative Earl Jones (D-Guilford) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1681v1.html AUTHORIZING THE JOINT LEGISLATIVE UTILITY REVIEW COMMITTEE TO STUDY THE ADEQUACY OF THE SERVICE CHARGE FOR PREPAID WIRELESS TELEPHONE SERVICE AND THE MANNER IN WHICH THE SERVICE CHARGE IS COLLECTED AND REMITTED TO THE WIRELESS 911 BOARD. As title indicates. Committee may propose legislation. Prohibits service charges on prepaid wireless telephone service from being imposed, collected, or remitted to the Wireless 911 Board during the course of the study. Requires final reporting to the 2009 General Assembly. The Legislative Services Officer must allocate funds appropriated to the General Assembly for the Committee's study. referred To House Committee On Public Utilities 04/19/2007 H Referred To House Committee On Rules, Calendar, and Operations of the House.
45. HB 1689: TAX CREDIT FOR SMOKE VENTILATION SYSTEMS -- Introduced by: Representative Larry Brown (R-Forsyth) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1689v1.html TO PROVIDE AN INCOME TAX CREDIT FOR THE INSTALLATION OF VENTILATION EQUIPMENT TO REMOVE SECONDHAND SMOKE. Enacts new GS 105-130.49 to allow a corporate income tax credit, and GS 105-151.31 to allow an income tax credit, to a corporate or individual taxpayer that installs a qualified ventilation system in an establishment that has a smoking area. The credit is equal to 25% of the costs, including installation, of the system. Defines a qualified ventilation system and imposes caps on the credits allowed. Allows unused portions of a credit to be carried forward for 5 years. Effective for taxable years beginning on or after January 1, 2007, and expires for taxable years beginning on or after January 1, 2012.
46. HB 1699: OPTION TO STOP JUNK MAIL -- Introduced by: Representative Susan Fisher (D-Buncombe) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1699v1.html TO ESTABLISH A PROGRAM THAT PROVIDES POSTAL PATRONS WITH THE OPTION TO REJECT UNSOLICITED COMMERCIAL MAILINGS. Enacts new Article 6 of GS Chapter 75 as title indicates. GS 75-121 presents legislative findings that support establishing the "North Carolina Junk Mail Opt -Out List Act," and provides that political and charitable organizations are exempt from the article. GS 75-122 defines junk mail as any printed matter sent by mail for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services and specifies a list of communications that are not considered to be junk mail. Provides definitions for additional terms as used in this act. Enacts GS 75-124 delineating rules and guidelines for establishing and operating a NC Junk Mail Opt-Out List (Opt-Out List) and GS 75-123 making it unlawful to send junk mail to postal patrons on the Opt-Out List and providing guidelines for the dispersing of junk mail in general. GS 75-125 provides that any violation of the act is a deceptive trade practice under GS 75-1.1 and provides guidelines regarding penalties for violations and defenses for violations of the article. Enacts GS 75-126 allowing severability of the provisions of the article. Effective January 1, 2008.
47. HB 1702: CONSERVE ENERGY/INSULATE HOT WATER PLUMBING -- Introduced by: Representative Bill Faison (D-Orange) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1702v1.html TO CONSERVE ENERGY BY REQUIRING HOT WATER PLUMBING PIPES BE INSULATED. Amends GS 143-138(b) to require the North Carolina State Building Code to require all hot water plumbing pipes larger than one-fourth of an inch to be insulated. Effective for all new construction permitted on or after January 1, 2008.
48. HB 1703: H 1703. STUDY INHIBITORS IN METH PRODUCTION -- Introduced by: Representative Jimmy Love (D-Lee) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1703v1.html
TO DIRECT THE DEPARTMENT OF JUSTICE IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO STUDY THE USE OF INHIBITORS IN METHAMPHETAMINE PRODUCTION. As title indicates; report to the legislature is due by March 1, 2008. Effective July 1, 2007.
49. HB 1704: ALLOW PREPAID GAS PURCHASE ORDINANCE -- Introduced by: Representative Jimmy Love (D-Lee) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1704v1.html
ALLOWING COUNTIES AND MUNICIPALITIES TO ADOPT ORDINANCES REQUIRING PREPAYMENT OF RETAIL MOTOR FUEL PURCHASES. Enacts new GS 153A-144 and GS 160A -201 to allow a county or city to require that all retail business establishments with gasoline, diesel, or any other motor fuel pumps located on the premises require full payment in advance for any quantity of motor fuel sold at any time. Defines payment to include purchase by any legal means using cash, credit card, debit card, checks, or otherwise.
50. HB 1706: ABC LAWS STUDY COMMISSION -- Introduced by: Representative Jimmy Love (D-Lee) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1706v1.html
Creates an Alcoholic Beverage Control laws study commission to have ten members, with five from the House and five from the Senate. The commission is to study current alcoholic beverage statutes and rules to identify those that are obsolete or unconstitutional. Requires a report to the 2008 Regular Session of the General Assembly by April 1, 2008.
51. HB 1709: INCREASE/INDEX STATE MINIMUM WAGE -- Introduced by: Representative Alma Adams (D-Guilford) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1709v1.html
INCREASING THE STATE MINIMUM WAGE TO SEVEN DOLLARS AND TWENTY-FIVE CENTS PER HOUR AND PROVIDING FOR AUTOMATIC ADJUSTMENTS BASED UPON INCREASES IN THE CONSUMER PRICE INDEX. Amends GS 95-25.3 as title indicates. Provides that the required minimum wage increase be implemented as of January 1, 2008, and on January 1 of successive years by the increase in the cost of living as measured by the percentage increase of the consumer price index. Effective September 1, 2007. Referred To House Committee On Commerce.
52. HB 1711: ESTABLISH PAID SICK DAYS -- Introduced by: Representative Alma Adams (D-Guilford) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1711v1.html
TO ESTABLISH PAID SICK DAYS TO ENSURE ALL EMPLOYEES IN NORTH CAROLINA CAN ADDRESS THEIR OWN HEALTH NEEDS AND THE HEALTH NEEDS OF THEIR FAMILIES. Adds new GS 95-28.4 to mandate that all employees who work in North Carolina be entitled to at least seven paid sick days during a 12-month period to be used by the employee to: (1) care for the employee's child, spouse, parent, or parent of a spouse under certain conditions; (2) care for the employee's own physical or mental illness, injury, or medical condition under certain circumstance's; (3) allow an employee to attend a routine medical appointment for himself or herself or for a child, spouse, parent, or parent of a spouse otherwise in need of care; or (4) allow an employee to address the psychological, physical, or legal effects of domestic violence as defined in GS 50B-1. Specifies rate of accrual and accumulation of paid sick days and allows for certain notice and certification requirements to the employer. Prohibits an employer from denying or interfering with an employee's right to take paid sick days and taking any adverse action against the employee because the employee uses paid sick days. Authorizes the Commissioner of Labor to adopt rules to implement and administer the statute and to enforce its provisions. Authorizes employers who have a paid time off leave policy providing paid leave in excess of 20 days per year to continue that policy unaltered, if the policy offers paid sick days leave in amounts equivalent to the amounts in the statute for the purposes that include the reasons described in the statute. Imposes certain notice requirements on employers. Makes conforming changes to GS 95-241(a)(1). Effective on the 90th day after it becomes law and does not apply to any collective bargaining agreement entered into before that date that is still in effect on that date.
53. HB 1712: INDEX STATE MINIMUM WAGE TO CPI-U -- Introduced by: Representative Alma Adams (D-Guilford) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1712v1.html
TO PROVIDE FOR AUTOMATIC ADJUSTMENT OF THE STATE'S MINIMUM WAGE BASED ON INCREASES IN THE CONSUMER PRICE INDEX. Effective January 1, 2008, amends GS 95-25.3, as title indicates. Requires that the increase in the cost of living be measured by the percentage increase of the consumer price index, CPI-U, or its successor index, as calculated by the US Department of Labor for the 12 months preceding the previous September 1.
54. HB 1719: HEALTH INSURANCE PILOT/PIEDMONT TRIAD -- Introduced by: Representative Pat Hurley (R-Randolph) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1719v1.html
TO ESTABLISH A PILOT PROGRAM THAT WILL ALLOW THE CHAMBERS OF COMMERCE IN PIEDMONT TRIAD COUNTIES TO PROVIDE GROUP HEALTH INSURANCE COVERING BUSINESS ENTITIES THAT ARE MEMBERS OF THE CHAMBER. Allows chambers of commerce in the 12 counties in the Piedmont Triad to provide group health insurance to their members, on a pilot basis. Directs the Commissioner of Insurance to monitor the pilot and make any recommendations on its continuation or expansion to the legislature in a final report to the 2009 General Assembly and an interim report to the 2008 Regular Session. Exempts the pilot from actuarial certification, adjusted community rating, and health benefit plans under Part 5 of Article 50 of GS Chapter 58, for the duration of the pilot. Effective January 1, 2008, and expires on January 1, 2010.
55. HB 1751: An Act to Add Employee or Agent to the Individuals Who are Prohibited from Allowing Consumption of Malt Beverages and Unfortified Wine on the Premises of an Off-Premises Only ABC Permitted Location -- Introduced by: Representative Marilyn Avila (R-Wake)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1751v0.html
TO ADD EMPLOYEE OR AGENT TO THE INDIVIDUALS WHO ARE PROHIBITED FROM ALLOWING CONSUMPTION OF MALT BEVERAGES AND UNFORTIFIED WINE ON THE PREMISES OF AN OFF-PREMISES ONLY ABC PERMITTED LOCATION.
Amends GS 18B -300 to include employees or agents of an ABC permittee in that statute's prohibition against allowing consumption of the beverages on the permittee's premises, when the permit only authorizes the sale of beverages to be consumed off the permittee's premises (now, statute applies only to the permittee). Effective December 1, 2007, for offenses committed on and after that date. Assigned To House Committee On Alcoholic Beverage Control.
56. HB 1752: AIDING AND ABETTING ALCOHOL POSSESSION -- Introduced by: Representative Marilyn Avila (R-Wake) http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1752v1.html
TO CREATE A MINIMUM MANDATORY PENALTY FOR PARENTS OR INDIVIDUALS THAT HAVE LEGAL OR PHYSICAL CUSTODY OF A PERSON WHO IS UNDE R THE AGE OF TWENTY-ONE WHO GIVE OR ALLOW POSSESSION, PURCHASE, OR CONSUMPTION OF ALCOHOLIC BEVERAGES TO THE PERSON WHO IS UNDER TWENTY-ONE YEARS OLD AND IN THEIR CARE. Amends GS 18B -302(c) regarding aiding and abetting a person under lawful age in acquiring alcohol to specify that a parent or a person who (1) has legal or physical custody of a person less than 21 years of age and (2) aids or abets the person under age 21 in the sale, purchase, possession, or consumption of any alcoholic beverages, is guilty of a Class 1 misdemeanor and subject to a fine of $500. Amends GS 18B-302(g) and GS 20-17.3 to provide that (1) the court must file a conviction report with the Division of Motor Vehicles (DMV) for a person over lawful age convicted of aiding and abetting the sale of alcoholic beverages to an underage person or purchase of alcoholic beverages to an underage person and (2) DMV must revoke the person's license upon receipt of the conviction report. Effective December 1, 2007, and applies to offenses committed on or after that date.
57. HB 1755: COORDINATE STATEWIDE ENHANCED 911 SYSTEM -- Introduced by: Representatives Drew Saunders (D-Mecklenburg), Harold Brubaker (R-Randolph), and Hugh Holliman (D-Davidson)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1755v1.html
TO MODERNIZE AND IMPROVE THE ADMINISTRATION OF THE STATE'S 911 SYSTEM THROUGH A STATEWIDE 911 EMERGENCY LOCATING BOARD, ENSURING THAT ALL VOICE SERVICES CONTRIBUTE TO THE 911 SYSTEM, AND PROVIDING PARITY IN THE QUALITY OF SERVICE AND THE LEVEL OF 911 CHARGES ACROSS VOICE COMMUNICATIONS SERVICE PROVIDERS. Consolidates the state's Enhanced 911 system under a single board that will establish a uniform service charge to be collected by all voice communication service providers. (Formerly, the Wireless 911 Board administered a statewide wireless Enhanced 911 system and local governments administered wireline Enhanced 911 systems for their local jurisdictions.) Renames the Wireless 911 Board the "911 Emergency Locating Board" and expands its membership from 13 to 17. Establishes procedures for appointing board members. Authorizes the board to develop a comprehensive state plan for communicating Enhanced 911 call information across networks and among public safety answering points (PSAPs). Also authorizes the board to levy a monthly Enhanced 911 service charge on each voice communications service connection (formerly the board levied such a charge only on wireless company customers; other voice communications service provider customers may have paid different charges to local governments or, in some cases, may not have paid such charges at all). Permits the board to adjust the service charge on July 1 of even-numbered years but not to increase the charge above the 70 cents per month charge established by GS 62A -23(a). Authorizes local governmental units, in addition to the board, to initiate collection action against subscribers to voice communications services who fail to pay the service charge. States that funds derived from the service charge constitute "local revenue" and may not be reduced or withheld by the Governor. Adds new provisions governing reimbursement to commercial mobile radio service providers for the actual costs incurred in complying with wireless 911 requirements imposed by the Federal Communications Commission. Also establishes detailed provisions for distribution to eligible primary PSAPs of funds remitted to the board by voice communications service providers. Requires the fiscal officer to whom such distributions are made to deposit the funds in a special revenue fund and use them only for specified purposes. Also requires each PSAP to submit budget information to the board each July (currently, January). Authorizes the board to audit PSAPs to ensure that revenues received from the 911 Fund are being used in accordance with the statute. Requires the board to undertake its duties in a manner that is competitively and technologically neutral as to all voice communications service providers. Makes a number of technical changes to accomplish the goal of consolidating the Enhanced 911 system.
58. HB 1772: MEDICARE HOSP. PATIENTS/NOTICE OF DRUG COVERAGE -- Introduced by: Representative Tricia Cotham (D-Mecklenburg)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1772v1.html
TO REQUIRE HOSPITALS TO NOTIFY MEDICARE PATIENTS WHO ARE ADMITTED FOR OBSERVATION ONLY WHETHER MEDICARE WILL COVER ANY DRUGS SUPPLIED BY THE HOSPITAL DURING THE OBSERVATION PERIOD. Enacts new GS 131E-79.2 to require a hospital licensed pursuant to Chapter 131E or Chapter 122C of the General Statutes to provide notice to a patient who is covered by Medicare and admitted to the hospital for observation only, before the individual is admitted, whether, during the period of observation: (1) Medicare will cover the costs of prescription or nonprescription drugs provided by the hospital; and (2) the hospital will permit the administration of the patient's own prescribed or over-the-counter drugs during the period of observation and, if not, the rate the hospital will charge for providing the drugs. Effective October 1, 2007.
59. HB 1776: ABC RECYCLE AMENDS -- Introduced by: Representative Pryor Gibson (D-Anson)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1776v1.html
TO AMEND THE REQUIREMENTS FOR CERTAIN ABC PERMIT HOLDERS TO RECYCLE RECYCLABLE CONTAINERS, AND TO PROVIDE THAT A FAILURE OF A PERMIT HOLDER TO RECYCLE AS REQUIRED IS A VIOLATION PUNISHABLE UNDER G.S. 130A-22. Amends GS 18B -1006.1 (effective January 1, 2008, it requires ABC on-premises permit holders to provide for recycling of alcohol beverage containers sold on the premises) to exempt glass malt beverage containers and containers sold by permittees located in local jurisdictions that do not provide recycling services for businesses. Specifies that violation is a violation of GS 130A-22, which subjects the violator to a civil penalty of up to $1,000 per day.
60. HB 1777: RECOVERY OF CERTAIN I.T. EQUIPMENT (=S 1525) -- Introduced by: Representative Pryor Gibson (D-Anson)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1777v1.html
TO ESTABLISH A COMPREHENSIVE AND CONVENIENT INFORMATION TECHNOLOGY COMPUTING, DISPLAY, AND PRINTING DEVICE RECOVERY PROGRAM BASED ON INDIVIDUAL MANUFACTURER RESPONSIBILITY AND THE SHARED RESPONSIBILITY OF CONSUME RS, RETAILERS, AND THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES.
61. HB 1785: FIRE-SAFE CIGARETTE ACT -- Introduced by: Representative Verla Insko (D-Orange)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1785v1.html
In this bill, North Carolina adopts a cigarette fire safety standard, implemented in New York State in 2004, and subsequently adopted by other states and Canada, as a safety measure to reduce the likelihood that cigarettes will cause fires and result in deaths, injuries, and property damages.
Testing Standard: Requires that cigarettes be tested using the Standard Test Method for Measuring the Ignition Strength of Cigarettes in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04. Provides that no cigarettes may be sold or offered for sale in NC unless the following conditions are met: (1) the cigarettes have been tested and meet the ATSM standard, (2) a written certification has been filed by the manufacturer with the Commissioner of Agriculture (CA), and the cigarette packaging has been marked to indicate compliance with the act. Provides an exception to allow wholesale or retail dealers to sell their existing inventory of cigarettes if certain conditions are met and to allow the sale of cigarettes solely for the purpose of consumer testing.
Implementation: Provides guidelines as to the duties, responsibilities, and authority of the CA under the act and empowers the CA to adopt rules pursuant to GS Chapter 150B (Administrative Procedure Act) to effectuate the purposes of the act. Requires the CA to report by June 30 every third year to the General Assembly on findings as to the effectiveness of the test method and performance standard for cigarette fire safety. Provides specifications regarding marking of cigarette packaging by the manufacturer and requires approval of the CA of the proposed marking.
Penalties: Provides for civil penalties (fines) for any non-retail person or entity, retail dealer, or corporate entity that violates the test method and performance standard for cigarette fire safety required under the act. Also allows for forfeiture and seizure of cigarettes for violations of the act. The act does not prohibit the manufacture of or sale of cigarettes not meeting these requirements outside of NC.
Inspection: Authorizes the Attorney General, the Department of Revenue, and the CA or their authorized representatives to inspect books, papers, records, invoices and any other records of any person who is in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale or stocked.
Preemption: Provides that if a federal reduced cigarette ignition propensity standard is enacted it preempts the act but does not affect any liability for forfeiture or penalties accrued prior to the effective date of the federal law.
The act becomes effective on the first day of the 13th calendar month after its enactment.
62. HB 1798: SALES TAX ADJUSTMENT FACTOR CORRECTION (=S 1125) -- Introduced by: Representatives Jennifer Weiss (D-Wake), Dewey Hill (D-Columbus), Julia Howard (R-Davie), and Becky Carney (D-Mecklenburg)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1798v1.html
TO CORRECT AN ERROR IN THE CALCULATION OF THE AMOUNT OF SALES TAX REVENUE TO BE ALLOCATED AMONG THE COUNTIES.
63. HB 1825: STUDY ELECTRIC POWER ISSUES -- Introduced by: Representative Pricey Harrison (D-Guilford)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1825v1.html
TO REQUIRE THE NORTH CAROLINA UTILITIES COMMISSION TO COMMISSION A COMPREHENSIVE ASSESSMENT OF THE LEAST-COST MIX OF GENERATION AND DEMAND FOR ELECTRICITY IN LIGHT OF PUBLIC HEALTH, ENVIRONMENTAL IMPACTS, AND OTHER IMPACTS OF THE FULL FUEL CYCLE AND TO APPROPRIATE FUNDS FOR THIS STUDY. Appropriates $95,000 from the Utilities Commission and Public Staff Fund to the North Carolina Utilities Commission for fiscal 2007-08 to fund the study described in the title. Report due to the Legislative Commission on Global Climate Change and the Environmental Review Commission by December 1, 2007.
64. HB 1835: LIABILITY OF PURVEYORS OF FOOD FOR OBESITY -- Introduced by: Representatives Daughtridge, Hill, Crawford, Brubaker.
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1835v1.html
TO PROHIBIT CIVIL ACTIONS AGAINST THE PURVEYORS OF FOOD ARISING OUT OF WEIGHT GAIN, OBESITY, A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY, OR ANY OTHER KNOWN CONDITION RESULTING FROM LONG-TERM CONSUMPTION OF FOOD UNLESS THE CIVIL ACTIONS RELATE TO STATE OR FEDERAL ADULTERATION OR MISBRANDING LAWS OR RELATE TO STATE OR FEDERAL LAWS REGARDING THE MANUFACTURING, MARKETING, DISTRIBUTION, ADVERTISING, LABELING, OR SALE OF FOOD, AND TO ADD REQUIREMENTS TO THESE ACTIONS.
Enacts new Article 5 of GS Chapter 99E as title indicates. Provides pleading requirements for certain lawsuits against purveyors of food that are allowed under new GS 99E -41 regarding civil actions related to federal or state adulteration or misbranding laws or laws regarding the manufacturing, marketing, labeling, distribution, or sale of food. Directs that the pleading requirements are to be considered part of the substantive law of NC rather than procedural requirements. GS 99E-44 provides guidelines as to a stay of any party or nonparty's obligation to make disclosures pending a motion to dismiss. GS 99E-45 states that nothing in the act is to be construed to create any new claim, right of action, or civil liability under NC law or to interfere with any state or federal agency's jurisdiction to find or declare violations of an adulteration or misbranding statute, rule, or regulation. Effective October 1, 2007, and applies to actions filed on or after that date and to actions pending on that date.
65. HB 1846: CREDIT FOR RECYCLING VEGETABLE OIL -- Introduced by: Representative Cullie Tarleton (D-Watauga)
http://www.ncleg.net/Sessions/2007/Bills/House/HTML/H1846v1.html
TO PROVIDE A TAX CREDIT FOR INSTALLING EQUIPMENT TO CONVERT USED VEGETABLE OIL INTO FUEL.
Adds new GS 105-129.16G, as title indicates. Provides that credit is equal to 25 percent of the cost of purchasing and installing the equipment. Prohibits a taxpayer from claiming a credit under this statute if the taxpayer claims a credit under GS 105-129.16A, 105-129.16D, or 105-129.16F with respect to the same property. Effective for taxable years beginning on or after January 1, 2007, and repealed for taxable years beginning on or after January 1, 2011.
It is our pleasure to work on your behalf. Thank you for allowing us to continue to represent the retail perspective before the North Carolina General Assembly since 1902.
Until next week.
Fran Preston (franp@ncrma.org)
Andy Ellen (andye@ncrma.org)
Elizabeth Dalton (elizabethd@ncrma.org)
Lindsey Kueffner (lindseyk@ncrma.org)
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