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HomeMy WebLinkAboutAgenda - 03-08-1995 - II-B-1 (not agenda item) + 05co'nSq- t'6wotrd rn c/ Qr►9S Weekly Bulletin Page 3 l/ _ fee an the quantity of seed sold. As amended, reports and fees will be required of seed sold or offered for sale. The fee of 2 cents per container of 10 lbs. or more remains the same. Intro. by Albertson. Ref, to Agriculture/Environment/Natl Resources GS 106 S 147. MONITOR EFFECTS OF PESTICIDE USE. TO REQUIRE THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES TO DEVELOP A PROGRAM TO MONITOR THE ENVIRONMENTAL AND BIOLOGICAL EFFECTS OF PESTICIDE USE AND PREPARE AN ANNUAL REPORT OF PESTICIDE- RELATED ILLNESSES, INJURIES, AND DEATHS, AND TO MAKE CERTAIN TECHNICAL CORRECTIONS. Adds new GS 143-437.1 for purposes indicated in title. Specifies Jan.1, 1996 due date for annual report of pesticide use and Jan. 1, 1.997 due date for annual report of pesticide-related illnesses, injuries, and deaths. Makes technical corrections to GS 143-437. Intro. by Jordan. GS 143 Ref. to Agriculture/Environment/Nat. Resources S 148. PRIVATE PESTICIDE APPLICATORS. TO REQUIRE PRIVATE APPLICATORS OF RESTRICTED USE PESTICIDES TO REPORT THEIR PESTICIDE USE AND, IN ORDER TO BE ELIGIBLE FOR RECERTIFICATION, TO COMPLETE ADDITIONAL TRAINING. Amends GS 143-440(restricted use pesticides regulated)as title indicates. Beginning January 15, 1996, and annually thereafter, a private pesticide applicator must report to the Pesticide Board all pesticides used to produce agricultural commodities during the preceding year, including amounts and kinds of restricted use pesticides used. Requires that to be eligible for recertification, a private pesticide applicator must complete at least 10 hours of recertification training every three years. Intro. by Jordan. Ref. to Agriculture/Environment/Nat. Resources GS 143 S 149. PESTICIDE BOARD/AT-LARGE MEMBERS. TO REQUIRE AN ENVIRONMENTALIST AND A FARMWORKER ADVOCATE TO BE APPOINTED TO THE NORTH CAROLINA PESTICIDE BOARD. Amends GS 143-436(b) as title indicates. Environmentalist must represent nonprofit, public interest environmental organizations and be recognized as an environmentalist by the environmental community. Farmworker advocate must represent nonprofit, public interest farmworker advocacy organizations and berecognized as a farmworker advocate by the farmworker advocacy community. Intro. by Jordan. Ref. to Agriculture/Environment/Nat. Resources GS 143 �F S 150. MEMBERS/PESTICIDE ADVISORY COMM. TO REQUIRE AN ORGANIC FARMER,AN ENVIRONMENTALIST, AND A FARMWORKER ADVOCATE TO BE APPOINTED TO THE PESTICIDE ADVISORY COMMITTEE. Amends GS 143-439(b)as title indicates. Intro. by Jordan. Ref. to Agriculture/Environment/Nat. Resources GS 143 S 151. MOTOR OIL,TAX/USED OIL PROG. TO IMPOSE A TAX UPON MOTOR OIL AT THE POINT OF FIRST SALE AND TO ESTABLISH THE USED OIL COLLECTION PROGRAM TO ENCOURAGE THE PROPER MANAGEMENT OF USED OIL GENERATED BY PRIVATE CITIZENS WHO CHANGE THEIR OWN OIL. Adds Art. 2E to GS Ch. 105 as title indicates. Imposes excise tax on motor oil at 2 cents per quart. Requires continuing motor oil license for following persons with tax as indicated: distributors($25), wholesale dealers($25), and retail dealers($5). Sec'y of Revenue to allocate 5%of tax collected to Solid Waste Management Trust Fund and 95%to Used Oil Collection Fund (Collection Fund). Dep't of Revenue to administer used oil collection program to encourage the proper disposal of used oil generated by do-it-yourselfers, involving use of grants from Collection Fund, technical assistance, and management standards and certification requirements for used oil collection centers, transporters, and recyclers. Dep't must report on program by March 1 annually to Environmental Review Comm'n, concerning tax proceeds collected and expended, grants, amount of used oil collected, and costs of program. Removes liability of any owner or operator of certified used oil collection center for costs of response actions resulting from release of used oil collected at center if operator does not mix used oil collected with any hazardous substance, does not accept used oil knowing it to contain hazardous substances, is in compliance with DepTs management standards, and if the used oil is removed from premises by certified transporter. 02/10/95 Page 8 Weekly Bulletin from the General Fund to Dep't of Environment, Health, & Natural Resources for fiscal 1995-96 to inspections. Effective July 1, 1995. Intro. by Odom. Ref. to Agriculture/Environment/Nat. Resources GS 143, APPROP S 170. ELIMINATE DOUBLE VEHICLE TAX. TO ELIMINATE DOUBLE TAXATION OF A MOTOR VEHICLE WHEN THE OWNER MOVES AWAY AND THEN RETURNS WITHIN ONE YEAR. Amends GS 105-187.7 to permit a person who applies for a certificate of title for a vehicle titled in another state a credit against the new tax due in a limited circumstance. To qualify, the vehicle in question must have been titled in North Carolina during the year prior to the new application for title; if so, the person is entitled to a credit equal to the amount of tax previously paid to State for same purpose. Effective July 1, 1995. Intro. by Odom. Ref. to Finance GS 105 S171' LANDOWNER PROTECTION ACT(=H 127). TO LIMIT THE LIABILITY OF LANDOWNERS TO MEMBERS OF THE PUBLIC ENTERING THE LAND FOR EDUCATIONAL AND RECREATIONAL PURPOSES. Identical to H 127,,introduced 2/8/95. Intro. by Foxx. Ref. to Judiciary 1/Constitution GS 38A S 172. UNC-W MARINE SCIENCES FUND-2. TO APPROPRIATE FUNDS FOR A MARINE SCIENCES RESEARCH AND EDUCATION CENTER AT THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON. Appropriates$23,000,000 for 1995-96 from General Fund to UNC Board of Governors as title indicates. Effective July 1, 1995. Intro. by Jordan and Soles. Ref. to Appropriations GS APPROP S 173.ADVANCE NOTICE OF RULE MAKING. TO REQUIRE THAT, FOR A PERMANENT RULE, AGENCIES GIVE NOTICE OF PROPOSED RULE-MAKING PROCEEDINGS, FOLLOWED BY PUBLISHING THE PROPOSED fd TEXT OF THE PERMANENT RULE OR PUBLISHING A SUBJECT MATTER NOTICE OF THE RULE AND TO PROVIDE FOR OPTIONAL PUBLISHING OF AGENDAS THAT DESCRIBE THE SUBSTANTIVE AREAS WITH RESPECT TO A PROPOSED RULE. Amends GS 15013-21.2 to require agency, before adopting a permanent rule, to publish notice of rule-making proceedings in NC Register unless permanent rule is substantially same as temporary rule previously published. Requires notice to include brief statement of subject matter of proposed proceedings, explanation of reason for proposed proceedings, and person to whom questions or comments may be addressed. Requires notice to be published at least 60 days before agency submits to Codifier of Rules proposed text of permanent rule or a subject-matter notice.for a permanent rule.Authorizes agency to periodically publish in NC Register agenda that describe substantive areas to which agency is contemplating permanent rules. Effective Jan. 1, 1996, and applies to rules adopted on or after that date for which publication of a notice of rule making is required. Intro. by Jordan. Ref. to Judiciary 2/Election Laws GS 150B S 174.AERIAL APPLICATION OF PESTICIDES. TO PROHIBIT THE AERIAL APPLICATION OF PESTICIDES WITHIN THREE HUNDRED FEET OF A RESIDENCE AND TO PROHIBIT THE AERIAL APPLICATION OF PESTICIDES WITHOUT NOTIFYING OCCUPANTS OF NEARBY BUILDINGS TWENTY-FOUR HOURS BEFORE THE APPLICATION. As title indicates. Permits Pesticide Board to provide for larger buffer zone than 300 feet if the Board determines it is necessary to protect public health. "Nearby building" includes as any building used by humans within one-half mile of the application site. Effective October 1, 1995. Intro. by Jordan. Ref. to Agri/Env/NatRes GS 143 .S 175. MINING ON FEDERAL LAND. TO REMOVE THE EXEMPTION THAT PREVENTED THE STATE FROM REGULATING MINING ON FEDERAL LAND. Amends GS 74-67 as title indicates. Intro. by Jordan. Ref. to Commerce GS 74 02/10/95 Weekly Bulletin Page 15 purpose of Comm'n is to provide forum for general public and State officials to bring consumer protection issues to attention of General Assembly, and to make recommendations for action by the General Assembly. Appropriates $25,000 from General Fund to General Assembly$25,000 for each year of 1995-97 biennium for Comm'n expenses. Intro. by Thompson. Ref. to Rules, Calendar, &Oper. of the House GS 120, APPROP H 197. ROSEBORO MAYOR'S TERM. TO PROVIDER FOUR-YEAR TERM FOR THE MAYOR OF THE TOWN OF ROSEBORO. As title indicates, beginning in 1995. Intro. by Bowen. Ref.to Local & Regional Government 1 SAMPSON 198. TOBACCO WAREHOUSE CHARGES. TO AMEND THE CHARGES RELATED TO TOBACCO WAREHOUSES. GS 106-452 now establishes maximum charges that tobacco warehouses may impose of handling and selling tobacco in addition to a commission not to exceed 2.5%. This bill eliminates the statutory schedule and allows warehouses to impose any additional charges for services plus a commission of up to 2.5%. Effective July 1, 1995. Intro. by Bowen. Ref. to Finance GS 106 H 199. SANITARY DIST. UTILITY RELOCATIONS (=S 152). TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL PAY FOR THE NONBETTERMENT RELOCATION OF SANITARY DISTRICT UTILITIES. Identical to S 152, introduced 2/7/95. Intro. by Pate. Ref. to Transportation GS 136 H 200. MANDATORY VOTER ID. TO REQUIRE IDENTIFICATION OF VOTERS AND TO PROTECT AGAINST DOUBLE VOTING. Amends GS 163-82.8 to require county boards of elections to issue a voter registration card to each voter. Amends GS 163-150(a)to require that, in order to vote,voters identify themselves by showing a voter registration card,drivers license, special identification card, passport, U.S. Dep't of Defense identification card or social security card and pictured identification. Amends GS 163-150(b) to require that at the time of voting each voter be stamped with ink that will remain visible for the remainder of the day. Intro. by Cummings. Ref.to Judiciary 2 GS 163 H 201. POLL GREETER DISTANCE. TO PROHIBIT ELECTIONEERING WITHIN TWO HUNDRED FEET OF THE POLLING PLACE. Amends GS 163-147 as title indicates (now,50 feet). Effective January 1, 1996. Intro. by Cummings. Ref.to Judiciary 2 GS 163 H 202. MOMENT OF SILENCE (=S 140). TO REQUIRE THE OBSERVANCE OF A MOMENT OF SILENCE IN ALL SCHOOL UNITS AND TO ENSURE FREEDOM OF RELIGION IN THE PUBLIC SCHOOLS. Identical to S 140, introduced 2/6/95. Intro. by Cummings, Hayes. Ref.to Education GS 115C H 203. ELIMINATE STRAIGHT-TICKET VOTING. TO ELIMINATE STRAIGHT-TICKET VOTING, BY WHICH A VOTER CAN MARK ONE CIRCLE TO CAST VOTES FOR ALL THE CANDIDATES OF A PARTY. Amends GS 163-140 to eliminate straight ticket voting on ballots for US Senator, US House of Representatives, State offices, or county offices, Deletes provision that generally requires the general election for State House and State Senate seats to be on ballots separate from ballots containing non-legislative contests. Deletes language allowing separate ballots for single-seat and multi-seat races (House, Senate,and superior court judge seats) and deletes provision requiring separate ballots in multi-seat races where mechanical voting machines are not used. Deletes provision that prohibits combining ballot for presidential electors with other ballots. Makes conforming changes to GS 163-170. Effective January 1, 1996. L Intro. by Cummings. 4( Ref. to Judiciary 2 GS 163 02/17/95 Weekly Bulletin Page 13 H 125. LOCAL HOUSING OF INMATES. TO AUTHORIZE THE SECRETARY OF CORRECTION TO ENTER :1 CERTAIN CONTRACTS FOR THE HOUSING OF STATE PRISONERS IN LOCAL CONFINEMENT FACILITIES. Amends GS 148-37(b) to authorize the Sec'y of Correction to enter into contracts for the confinement of state prisoners in local or district confinement facilities for a period of not more than 10 years; the Sec'y can renew a contract for an additional period not exceeding 10 years if the contract provides that a specified number or percentage of beds in each local or district facility shall be leased by the State at a minimum daily rate of not less than $40. Intro. by Carpenter. Ref. to Judiciary 2 GS 148 H 126. BOARD OF GOVERNORS ELECTION. TO ESTABLISH THE PROCEDURE FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA. Sets out procedures for nomination and election of eight members of the Board of Governors of The University of North Carolina (Board). Makes it the duty of the Committee on Education of the House of Representatives (Committee)to conduct the process for nominating and electing persons for each opening in each category of seats on the Board to which the House is to elect members, and authorizes Committee chair to refer responsibilities to the Subcommittee on Community Colleges and University Affairs. Nominations will be received through February 15, 1995. Each Representative may nominate up to two persons. Nominations be in writing on prescribed forms and must be received in the office of the chair by noon on 2/15195. Prohibits an individual from being a nominee in more than one category or if he or she was nominated and not elected to the Board by the Senate during the 1995 Session. Specifies that in the 1995 Session, the House will elect(1)two members of the minority race category, (2)two members of the woman category, and (3)four members of the at-large category—all for 4-year terms. Requires the Committee, on or after 2116/95, to(1) list all nominees by'category; (2)screen the nominees as to their qualifications, experience, opinions, and statutory suitability; (3) prepare a ballot that includes all legally qualified nominees; and (4) have committee members vote for their preferences in each category. Requires each nominee to confirm his-or her willingness to serve if elected. Directs that the ballot list nominees in decreasing order by the number of committee votes they received. Specifies that the House shall hold its election no later than the beginning of the daily session on March 16, 1995, and requires Speaker to explain voting rules before voting begins. Sets out the following voting rules: no nominations received from the floor, to be elected, nominee must receive votes of majority of all members present and voting in the category; and each member present and voting must vote for as many nominees as there are positions to be filled in each category. Sets out procedures for the handling of run-offs and ties. Requires roll-call vote. Intro, by Wood, Eddins, McMahan, and Cummings. Ref. to Rules GS HOUSE RES, 116A H 127. LANDOWNER PROTECTION ACT-2. TO LIMIT THE LIABILITY OF LANDOWNERS TO MEMBERS OF THE PUBLIC ENTERING THE LAND FOR EDUCATIONAL AND RECREATIONAL PURPOSES. Creates new GS Ch. 38A as title indicates. Limitation of liability is that a property owner who land who either directly or indirectly invites or permits without charge any person to use the owner's land for educational or recreational purposes owes the person the same duty of care that the owner owes a trespasser. Defines educational purpose, land, owner, recreational purpose, and charge. Charge basically defined as any price or fee asked for permission to enter upon land. Excludes from definition of charge the following: a lease, dedication, license, or easement; improvements or provision of warnings for educational or recreational use, or remedies for damages caused by such use; property tax abatement; and any contribution in-kind or cash paid to reduce or offset costs and eliminate losses from educational or recreational use. Profvides that insurance policies provifing coverage for areas covered by act shall be rerated on anniversary dates next following act's effective date to reflect added limitation of liability. [This bill is similar to H 119 but differs in several important particulars.] Effective Oct. 1, 1995. Intro, by Shubert. Ref. to Judiciary 1 GS 38A H 128. HENDERSON WHEEL LOCKS. TO PERMIT THE CITY OF HENDERSON TO USE WHEEL LOCKS ON CERTAIN ILLEGALLY PARKED VEHICLES. As title indicates. Henderson may create ordinance to use wheel locks on vehicles with three or more parking tickets delinquent for 90 days. Ordinance must provide for notice, 02/10/95 1 Page 4 Weekly Bulletin S 198. LOW-WEALTH PP. F - SCHOOL SU FUNDS. TO APPROPRIATE FUNDS FOR LOW WEALTH SCHOOL . SYSTEMS'SUPPLEMENTAL FUNDING. Appropriates$65 million for 1995-96 and $65 million for 1996-97 from General Fund to Dep't of Public Instruction, State Aid to Local School Admin. Units, as title indicates. Effective July 1, 1995. Intro. by Rand. Ref.to Education/Higher Education GS APPROP S 199. PESTICIDE LAW AMENDMENTS (=H 117). TO PROHIBIT FARMERS FROM CONTRACTING FOR THE AERIAL APPLICATION OF PESTICIDES IN RESTRICTED AREAS AND TO LIMIT THE AMOUNT OF THE CIVIL PENALTY TO BE LEVIED BY THE PESTICIDE BOARD IN CASES WHERE THERE IS ONLY VEGETATIVE DAMAGE IN THE NONTARGET AREA. Identical to H 117, introduced 2/7/95. Intro. by Albertson. Ref.to Agricufture/Environment/Nat. Resources GS 143 S 200. AGRICULTURAL LAWS PENALTIES (=H 116). TO PROVIDE FOR CIVIL PENALTIES FOR VIOLATIONS OF THE GASOLINEAND OIL INSPECTION LAW, THE MEAT INSPECTION LAW, AND THEAN/MAL WELFARE AND ANIMAL HEALTH LAWS. Identical to H 116, introduced 2/7/95. Intro. by Albertson. Ref.to Agricufture/Environment/Nat. Resources GS 11 9, 19A, 106 S 201. LANDOWNER PROTECTION (_H 119). TO LIMIT THE LIABILITY OF LANDOWNERS TO MEMBERS OF THE PUBLIC ENTERING THE LAND FOR EDUCATIONAL AND RECREATIONAL PURPOSES. Identical to H 119, introduced 2/7/95. Intro. by Albertson. Ref. to Judiciaryl/Constitution GS 38A -Ak'S 202. POULTRY COMPOSTING CREDIT (=H 118). TO ENCOURAGE THE COMPOSTING OF POULTRY CARCASSES AND PROVIDE AN INCOME TAX CREDIT FOR POULTRY COMPOSTING FACILITIES. Identical to H 118, introduced 2/7/95. L Intro. by Albertson. Ref.to Agriculture, Environment, Nat. Resources GS 105 S 203. ECU LIFE SCIENCES BLDG. FUNDS. TO APPROPRIATE FUNDS TO COMPLETE THE EXPANSION OF THE LIFE SCIENCES BUILDING AT EAST CAROLINA UNIVERSITY. Appropriates$8 million for 1995-96 from General Fund to UNC Board of Governors as title indicates. Effective July 1, 1995. Intro. by Warren. Ref. to Appropriations GS APPROP S 204. CHILD CARE CREDIT/NONRESIDENTS. AUTHORIZING NONRESIDENT TAXPAYERS TO CLAIM THE TAX CREDIT FOR CHILD CARE AND CERTAIN EMPLOYMENT-RELATED EXPENSES. Amends GS 105- 151.11(c) to allow nonresident or part-year resident to claim income tax credit for child care and employment- related expenses. Amount of credit is reduced by multiplying allowable credit by fraction equal to taxpayer's North Carolina taxable income divided by taxpayer's total gross income. Effective for taxable years beginning on or after January 1, 1995. Intro. by Webster. Ref.to Finance GS 105 S 205. COMMUNITY REINVESTMENT ACT. TO ESTABLISH THE COMMUNITY REINVESTMENT ACT. Adds new article 22 to GS Ch. 53. Act proyides that banks have affirmative and continuing obligation to help meet credit needs of local community, including credit needs of low and moderate-income neighborhoods. Requires banks to adopt, and to review annually,a community reinvestment statement for each community served by bank. Community reinvestment statement must define the community, list specific types of credit that bank is prepared to extend within local community and must include copy of community reinvestment notice required by statute. Requires banks to post community reinvestment notice stating that public may review and comment on community reinvestment statement. Establishes criteria to be considered by Comm'r of Banks in assessing community reinvestment performance of banks. Requires Comm'r to prepare written evaluation of bank's performance and to rate bank's performance in meeting credit needs of community. Requires Comm'r to submit to State Treasurer a list of banks that receive rating to"needs to improve"or"substantial noncompliance" in connection with community 02/17/95