Liability (19)

Date of Last Recorded Action: 10/17/2017

H 0026 HighWorkers' Comp/Approval of Disputed Legal Fees Samuel Watford
7/20/2017 Ch. SL 2017-124 Judy I RulesOS
Liability Personnel

In response to the N.C. Supreme Court decision in Wilkes v. City of Greenville, ensures that an Industrial Commission worker’s compensation award does not create a presumption that future medical conditions of an employee are causally related to the compensable injury. Allows those employees to request a hearing before the Commission to prove that their medical condition is causally related to the compensable injury.

H 0113 MonitorPvt Action Local Compliance/Immigration Laws George Cleveland
4/27/2017 Senate - Ref To Com On Rules and Operations of the Senate Judy I RulesOS
Liability Public Safety

Creates a new cause of action for any local government resident against their unit of local government, when that person believes the local government did not comply with state laws related to acceptance of identity documents or enforcement of federal immigration laws; authorizes an action for declaratory and injunctive relief; awards attorney’s fees and court costs payments to the prevailing party in these actions; and allows a court to impose a penalty against a local governmental unit that fails to comply with a court’s order in these actions, up to $10,000/day. (version 1)

H 0405 HighImpact Fees/Refund to Homeowners Sarah Stevens
4/4/2017 House - Serial Referral To Rules, Calendar, and Operations of the House Stricken --
Liability NCLM Goal Taxation & Finance Utilities

To address a consequence of the recent Carthage court decision, directs any refund of impact fees paid to a city or county to the homeowner who paid any portion of that impact fee refunded, as part of the purchase price of their home. Defines “impact fee” to include a facility fee, project fee, capacity fee, or any other fee that defrayed capital costs of the system that are associated with new construction. (version 1)

H 0507 HighLand-Use Regulatory Changes Jonathan Jordan
4/21/2017 Senate - Ref To Com On Rules and Operations of the Senate RR RulesOS
Liability Planning & Land Use

Makes a host of changes to various land use statutes. Allows applicants for development permits to choose to have proposed—but not yet adopted—rules apply to the development permit. For disputes involving a permit applicant’s choice, creates a right to bring suit in court, accords those disputes priority by all courts, and awards damages to a prevailing permit applicant, but not a prevailing local government. Creates a new statutory vested right to develop under the permit applicant’s choice of rules, for one year, unless the work authorized by the permit has “substantially commenced.” Clarifies that this new vested right does not preclude other applicable vested rights to develop from applying to that project, and clarifies that for multi-phase developments, an applicant’s choice of rules vests at the time of the permit application, not the time of site plan approval. Changes current law regarding citizen-requested zoning map amendments to require written consent of all affected property owners, rather than certification that those property owners received notification of the request; changes the notice requirements for citizen-requested zoning map amendments. Allows aggrieved parties in land-use disputes to bypass a local board of adjustment and instead bring suit in superior court, and offers claimants a number of new grounds for suit. Gives aggrieved parties a new cause of action to challenge the validity of any local government’s land use ordinance. Changes current rules regarding land-use litigation to allow petitioners to present additional types of evidence, and offers additional grounds for suit. Disallows a local government from defending itself in land-use claims on the basis of estoppel, thereby allowing developers to continue development during any legal action regarding that development. Expands the causes of action for which a court must award attorney’s fees to a prevailing plaintiff, but not a prevailing local government. Makes significant changes to current law regarding performance guarantees paid by developers for completion of infrastructure, such as allowing the developer to determine the initial amount of the performance guarantee and to reduce the amount of the guarantee without consent of the local government. In cases where a developer must make transportation improvements, limits a local government’s driveway regulations to those promulgated by NCDOT, and prevents a local government from requiring the developer to require additional property for those improvements, if the developer does not already own that property. (version 1)

H 0551 MonitorStrengthening Victims' Rights Nelson Dollar
4/27/2017 Senate - Ref To Com On Rules and Operations of the Senate RulesCOH RulesOS
Liability

Rewrites a section of the N.C. constitution granting rights to victims of crimes enumerated in a new section, while retaining an existing provision that prohibits recovery of monetary damages by victims from the State or any of its political subdivisions, including municipalities. (version 1)

H 0564 HighRevise IVC Laws to Improve Behavioral Health Joshua Dobson
4/6/2017 House - Ref To Com On Health --
Liability NCLM Goal Public Safety
Among numerous other changes, revises the process for law enforcement officials that take custody of and transport individuals subject to an involuntary commitment order to their first commitment examination. Requires local mental health management entities to formulate a local area crisis services plan for these custody and transportation services, developed through a stakeholder process that includes local law enforcement agencies. Directs local management entities to also develop a training program for law enforcement officers who provide these services. Gives more flexibility to law enforcement officers performing these duties in the event that the designated facility does not have commitment examiners available, allowing transport of the individuals to a wider array of facilities. Institutes a new requirement for law enforcement officers to take custody of and transport individuals after their first commitment examination, if the examiner determined that they are mentally ill and dangerous to themselves, within six hours of that determination. Changes some other laws related to taking custody and transport of individuals subject to an involuntary commitment order, including a directive for the law enforcement officer to treat individuals with the least restrictive and most reasonable restraint possible. Immunity from liability for “reasonable” actions a law enforcement officer takes remains in the law despite other new language related to use of force. Grants additional authority to cities and counties in formulating their plans for custody and transportation of these individuals, including new authority to place the cost and expenses for these activities on another entity besides the county of residence of the individual being transported. If passed into law, this bill would partially achieve an NCLM advocacy goal of lessening the strain on law enforcement when taking custody of and transporting individuals to commitment examinations. (version 1)
H 0579 HighRevisions to Outdoor Advertising Laws David Lewis
4/26/2017 House - Re-ref Com On Rules, Calendar, and Operations of the House RulesCOH -
Economic Development Liability Planning & Land Use

The second of four House bills with this title that concern billboards, this bill addresses issues related to determination of just compensation for sign removal by NCDOT or local governments. Lists nine factors to consider when determining just compensation, including the income generated by rental space on the sign and the ability of the sign owner to relocate and reconstruct the sign in a reasonably comparable site. Allows the sign owner to recover from the condemning government agency the reasonable costs of relocating and reconstructing the removed sign, including up to 30 days of lost income caused by the sign removal. Prohibits local governments from amending their ordinances after the effective date of the bill, as they relate to applicability of billboard regulations throughout the jurisdiction. Proscribes specific rulemaking procedures for NCDOT to follow to implement provisions of this bill. (version 1)

H 0598 MonitorSwimming Pool Electrical Safety Mitchell Setzer
4/6/2017 House - Ref To Com On Judiciary I Judy I -
Liability Parks & Recreation

Within 90 days of the bill’s effective date, requires all public swimming pools to ensure that the pool’s pump motor electric equipment includes ground-fault circuit-interrupter protection. (version 1)

H 0624 CriticalUniform System Development Fees for Water Charles McGrady
4/10/2017 House - Ref to the Com on Energy and Public Utilities, if favorable, Finance --
Liability NCLM Goal Planning & Land Use Taxation & Finance Utilities
Companion bill SB 641

In response to the 2016 N.C. Supreme Court decision in Quality-Built Homes v. Carthage, authorizes all publicly-owned water and sewer systems to charge a “system development fee.” This fee, charged to developers of new developments, includes costs associated with infrastructure existing at the time the development takes place, as well as costs related to future system infrastructure needs resulting from the development. Details a formula under which a system may calculate this fee, and restricts the use of fee proceeds to repairs, maintenance, expansion, or other construction needs of the system. Repeals all local acts granting authority to charge similar fees, in favor of a single statewide system, and conforms the authority of non-city or non-county water/sewer entities to this process. Establishes a three-year period under which claimants may seek repayment of fees improperly imposed prior to the effective date of the bill, addressing another issue from the Carthage case. Allows the prevailing party in any lawsuit related to whether these fees were properly charged to collect six percent interest (annually) plus costs. Creates a process by which a person may request a refund or release of a fee, and the basis upon which a governing board may grant that request. (version 1)

H 0825 MonitorProtect NC Children From Lead Exposure Harry Warren
6/15/2017 House - Re-ref to the Com on Health, if favorable, Education - K-12 HEALTH -
Environment Liability Utilities

Requires water suppliers to test drinking water for the presence of lead at drinking water fountains in each school or child care facility in the water supplier’s service area, using protocols and procedures included in the bill. In the event that a sampling location exceeds the federal limits for lead concentration in the water, the bill limits the liability of water suppliers for correcting any issues within the premises or on the property of the school or child care center. However, in the event of exceedances, the bill requires the water supplier to conduct additional sampling throughout that water supplier’s service area, notify the schools and child care facilities of the results of the sampling, and comply with any additional requirements of the State or local health departments. Allows water suppliers to charge fees to schools and child care facilities where sampling is conducted, to reflect the actual sampling, analysis, and reporting costs. (version 1)

S 0145 HighGovernment Immigration Compliance Norman Sanderson
4/27/2017 House - Ref To Com On Rules, Calendar, and Operations of the House RulesCOH RulesOS
Liability Public Safety Taxation & Finance

Makes numerous changes to current laws, and creates additional new laws, aimed at sanctioning local governments with respect to enforcement of federal immigration laws. Creates a process by which any person may file a complaint with the Attorney General alleging that a local government is not in compliance with a state law related to immigration, resulting in an investigation of the complaint by the Attorney General. Does not grant local governments due process rights in this investigation, except for appeal right subsequent to the decision. Directs withholding of municipal revenues if the Attorney General finds the local government in non-compliance, including sales and excise tax distributions collected by the State for beer and wine, telecommunications, video programming, and piped natural gas, as well as Powell Bill funds and a privilege tax imposed on tire retailers or wholesale merchants. Applies this same penalty if the Secretary of Labor finds any local government to have violated the E-verify statutes, again, without giving the local government due process rights when that determination is made. Creates a new cause of action for any local government resident against their unit of local government, when that person believes the local government did not comply with state laws related to acceptance of identity documents or enforcement of federal immigration laws; authorizes an action for declaratory and injunctive relief; awards attorney’s fees and court costs payments to the prevailing party in these actions. Declares that any city found in violation of the state’s prohibition against “sanctuary cities” waives its governmental immunity in cases where an unauthorized alien commits a crime within the city jurisdiction. The bill also makes other changes related to identification of persons, the University of North Carolina system, and authority for State law enforcement officers to enforce federal immigration laws under the 287(g) program. (version 1)

S 0165 MonitorWorkers' Comp./Clarify Medicare Methodology Warren Daniel
3/6/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Insurance Liability Personnel

Clarifies the methodology the state Industrial Commission will follow when setting the maximum fees for medical compensation under the state’s Workers’ Compensation Act. (version 1)

S 0302 MonitorConcussion Protocol/County Rec Donald Davis
3/20/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Liability Parks & Recreation
Encourages local government recreation programs to provide concussion awareness information to program participants, and create a protocol for responding to suspected concussion incidents, by authorizing these activities. Eliminates liability for local government recreation program employees in civil actions arising from any of these activities, unless the employees's behavior amounts to gross negligence, wanton conduct, or intentional wrongdoing. (version 1)
S 0575 HighLand-Use Regulatory Changes Richard Gunn
4/3/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Liability Planning & Land Use
Companion bill to HB 507

Makes a host of changes to various land use statutes. Allows applicants for development permits to choose to have proposed—but not yet adopted—rules apply to the development permit. For disputes involving a permit applicant’s choice, creates a right to bring suit in court, accords those disputes priority by all courts, and awards damages to a prevailing permit applicant, but not a prevailing local government. Creates a new statutory vested right to develop under the permit applicant’s choice of rules, for one year, unless the work authorized by the permit has “substantially commenced.” Clarifies that this new vested right does not preclude other applicable vested rights to develop from applying to that project, and clarifies that for multi-phase developments, an applicant’s choice of rules vests at the time of the permit application, not the time of site plan approval. Changes current law regarding citizen-requested zoning map amendments to require written consent of all affected property owners, rather than certification that those property owners received notification of the request; changes the notice requirements for citizen-requested zoning map amendments. Allows aggrieved parties in land-use disputes to bypass a local board of adjustment and instead bring suit in superior court, and offers claimants a number of new grounds for suit. Gives aggrieved parties a new cause of action to challenge the validity of any local government’s land use ordinance. Changes current rules regarding land-use litigation to allow petitioners to present additional types of evidence, and offers additional grounds for suit. Disallows a local government from defending itself in land-use claims on the basis of estoppel, thereby allowing developers to continue development during any legal action regarding that development. Expands the causes of action for which a court must award attorney’s fees to a prevailing plaintiff, but not a prevailing local government. Makes significant changes to current law regarding performance guarantees paid by developers for completion of infrastructure, such as allowing the developer to determine the initial amount of the performance guarantee and to reduce the amount of the guarantee without consent of the local government. In cases where a developer must make transportation improvements, limits a local government’s driveway regulations to those promulgated by NCDOT, and prevents a local government from requiring the developer to require additional property for those improvements, if the developer does not already own that property.

S 0596 MonitorProtect Law Enforcement Officers Tamara Barringer
4/5/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Liability Personnel

Creates new rights and related causes of action for law enforcement officers who face retaliation—either from their supervisors or other law enforcement officers—for reporting in writing violations of the law; fraud; misappropriation of State and local government resources; substantial and specific danger to the public health and safety; and gross mismanagement, gross waste of monies, or gross abuse of authority. (version 1)

S 0613 MonitorAttorney's Fees %26amp; Costs/State Prevails Thomas McInnis
4/5/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Environment Liability Transportation Utilities

Creates an automatic award of attorney’s fees in actions contesting the State’s ability to build transportation facilities, or actions seeking relief based on environmental factors, payable to the State if the State prevails in the action. Would extend to municipalities who file claims against the state related to water/sewer/stormwater contested cases and lose. (version 1)

S 0630 HighRevise IVC Laws to Improve Behavioral Health Ralph Hise
6/13/2017 House - Re-ref Com On Health RulesCOH RulesOS
Liability NCLM Goal Public Safety

Among numerous other changes, revises the process for law enforcement officials that take custody of and transport individuals subject to an involuntary commitment order to their first commitment examination. Requires local mental health management entities to formulate a local area crisis services plan for these custody and transportation services, developed through a stakeholder process that includes local law enforcement agencies. Directs local management entities to also develop a training program for law enforcement officers who provide these services. Gives more flexibility to law enforcement officers performing these duties in the event that the designated facility does not have commitment examiners available, allowing transport of the individuals to a wider array of facilities. Institutes a new requirement for law enforcement officers to take custody of and transport individuals after their first commitment examination, if the examiner determined that they are mentally ill and dangerous to themselves, within six hours of that determination. Changes some other laws related to taking custody and transport of individuals subject to an involuntary commitment order, including a directive for the law enforcement officer to treat individuals with the least restrictive and most reasonable restraint possible. Immunity from liability for “reasonable” actions a law enforcement officer takes remains in the law despite other new language related to use of force. Grants additional authority to cities and counties in formulating their plans for custody and transportation of these individuals, including new authority to place the cost and expenses for these activities on another entity besides the county of residence of the individual being transported. If passed into law, this bill would partially achieve an NCLM advocacy goal of lessening the strain on law enforcement when taking custody of and transporting individuals to commitment examinations. (version 1)

S 0641 CriticalUniform System Development Fees for Water Paul Newton
4/5/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Liability NCLM Goal Planning & Land Use Taxation & Finance Utilities
Companion bill HB 624
In response to the 2016 N.C. Supreme Court decision in Quality-Built Homes v. Carthage, authorizes all publicly-owned water and sewer systems to charge a “system development fee.” This fee, charged to developers of new developments, includes costs associated with infrastructure existing at the time the development takes place, as well as costs related to future system infrastructure needs resulting from the development. Details a formula under which a system may calculate this fee, and restricts the use of fee proceeds to repairs, maintenance, expansion, or other construction needs of the system. Repeals all local acts granting authority to charge similar fees, in favor of a single statewide system, and conforms the authority of non-city or non-county water/sewer entities to this process. Establishes a three-year period under which claimants may seek repayment of fees improperly imposed prior to the effective date of the bill, addressing another issue from the Carthage case. Allows the prevailing party in any lawsuit related to whether these fees were properly charged to collect six percent interest (annually) plus costs. Creates a process by which a person may request a refund or release of a fee, and the basis upon which a governing board may grant that request. (version 1)
S 0642 HighBurden of Proof - Planning and Zoning Paul Newton
4/5/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Liability Planning & Land Use
Changes certain aspects of appeals to a local board of adjustment when hearing appeals of decisions regarding historic certificates of appropriateness or when making other quasi-judicial decisions. In both of these cases, switches the burden of proof that the actual or proposed use of the property is consistent with a local ordinance from the petitioner to the local government. Then, sets a higher bar of clear and convincing evidence for the local government to rebut that presumption. Finally, requires the board of adjustment to hear these proceedings “de novo,” developing its own record of facts and evidence rather than relying on the record created for the decision being appealed. (version 1)
Green background on status indicates a bill has been acted on the last recorded legislative day.