GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 5
HOUSE BILL 548
Committee Substitute Favorable 4/29/15
Third Edition Engrossed 4/30/15
Senate Rules and Operations of the Senate Committee Substitute Adopted 6/28/16
Fifth Edition Engrossed 6/30/16
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Short Title: Conforming Changes/Constitutional Amend. |
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April 2, 2015
A BILL TO BE ENTITLED
AN ACT to provide conforming changes upon the voters' approval of Amendments to the north carolina constitution to prohibit condemnation of private property except for a public use and for the payment of just compensation with right of trial by jury in all condemnation cases, to provide for taxpayer protections that establish a state emergency savings reserve fund, and to protect the right of the people to hunt, fish, and harvest wildlife.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 40A‑3(a) reads as rewritten:
"(a) Private Condemnors.
For the public use or benefit, use, the persons or
organizations listed below shall have the power of eminent domain and may
acquire by purchase or condemnation property for the stated purposes and other
works which are authorized by law.law:
(1) Corporations, bodies
politic or persons have the power of eminent domain for the construction of
railroads, power generating facilities, substations, switching stations,
microwave towers, roads, alleys, access railroads, turnpikes, street railroads,
plank roads, tramroads, canals, telegraphs, telephones,communication
facilities, electric power lines, electric lights, public water supplies,
public sewerage systems, flumes, bridges, facilities related to the
distribution of natural gas, and pipelines or mains originating in North
Carolina for the transportation of petroleum products, coal, natural gas,
limestone or minerals. Land condemned for any liquid pipelines shall:
a. Not be less than 50 feet nor more than 100 feet in width; and
b. Comply with the provisions of G.S. 62‑190(b).
The width of land condemned for any natural gas pipelines shall not be more than 100 feet.
."
SECTION 1.(b) G.S. 40A‑3(b) reads as rewritten:
"(b) Local Public Condemnors
Standard Provision. For the public use or benefit, use, the
governing body of each municipality or county shall possess the power of
eminent domain and may acquire by purchase, gift or condemnation any property,
either inside or outside its boundaries, for the following purposes.purposes:
."
SECTION 1.(c) G.S. 40A‑3(b1) reads as rewritten:
"(b1) Local Public
Condemnors Modified Provision for Certain Localities. For the public use
or benefit, use, the governing body of each municipality or county
shall possess the power of eminent domain and may acquire by purchase, gift or
condemnation any property or interest therein, either inside or outside its
boundaries, for the following purposes.purposes:
."
SECTION 1.(d) G.S. 40A‑3(c) reads as rewritten:
"(c) Other Public
Condemnors. For the public use or benefit, use, the following
political entities shall possess the power of eminent domain and may acquire
property by purchase, gift, or condemnation for the stated purposes.purposes:
."
SECTION 1.(e) G.S. 40A‑3 is amended by adding a new subsection to read:
"(d) Connection of Customers. For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers."
SECTION 1.(f) This section becomes effective January 1, 2017, if a majority of votes are cast in favor of the amendment set out in Section 1.1 of House Bill 3, 2015 Regular Session, and applies to takings occurring on or after that date.
SECTION 2.(a) G.S. 143C‑4‑2 reads as rewritten:
"§ 143C‑4‑2. Emergency Savings Reserve AccountFund
and appropriation of General Fund unreserved fund balance.
(a) Creation and Source
of Funds.of Reserve. The In accordance with Article XV
of the North Carolina Constitution, the Emergency Savings Reserve Account
Fund is established as a reserve in the General Fund. The Controller
shall reserve to the Emergency Savings Reserve Account one‑fourth
of any unreserved fund balance, as determined on a cash basis, remaining in the
General Fund at the end ofFund those funds designated as reserved by the
General Assembly each fiscal year.
(b) Use of Funds. The Emergency
Savings Reserve Account Fund is a component of the
unappropriated General Fund balance. Funds reserved to the Emergency Savings
Reserve Account Fund shall be available for expenditure only upon
an act of appropriation by the General Assembly.Assembly in
accordance with Article XV of the North Carolina Constitution.
(c) Goal for Savings
Reserve Account Fund Balance. The General Assembly recognizes
the need to establish and maintain sufficient reserves to address unanticipated
events and circumstances such as natural disasters, economic downturns, threats
to public safety, health, and welfare, and other emergencies. It is a goal
of theThe General Assembly and the State to shall accumulate
and maintain a balance in the Emergency Savings Reserve Account
Fund equal to or greater than eight percent (8%) twelve
and one‑half percent (12.5%) of the prior year's General Fund
operating budget.amount reserved from the General Fund, excluding
General Fund receipts, for capital and operating expenses for the prior fiscal year."
SECTION 2.(b) G.S. 142‑15.4 reads as rewritten:
"§ 142‑15.4. Savings from refinancing of general
obligation bonds to be placed in the Emergency Savings Reserve Account.Fund.
Whenever general obligation bonds issued or incurred by the State are refinanced:
(1) The General Assembly shall not reduce the funds appropriated for servicing the refinanced debt during the fiscal biennium in which the refinancing occurs.
(2) The State Controller
shall, in conjunction with the State Treasurer, periodically transfer the
savings resulting from the refinancing of the debt to the Emergency Savings
Reserve Account Fund established pursuant to G.S. 143C‑4‑2
during the fiscal biennium in which the refinancing occurs.
(3) The Director of the Budget shall, in the fiscal biennium immediately following the refinancing, adjust the amount of debt service funded in the base budget so that it aligns with actual debt service needs."
SECTION 2.(c) G.S. 142‑96 reads as rewritten:
"§ 142‑96. Savings from refinancing of special
indebtedness to be placed in the Emergency Savings Reserve Account.Fund.
Whenever special indebtedness issued or incurred pursuant to this Article is refinanced:
(1) The General Assembly shall not reduce the funds appropriated for servicing the refinanced debt during the fiscal biennium in which the refinancing occurs.
(2) The State Controller
shall, in conjunction with the State Treasurer, periodically transfer the
savings resulting from the refinancing of the debt to the Emergency Savings
Reserve Account Fund established pursuant to G.S. 143C‑4‑2
during the fiscal biennium in which the refinancing occurs.
(3) The Director of the Budget shall, in the fiscal biennium immediately following the refinancing, adjust the amount of debt service funded in the base budget so that it aligns with actual debt service needs."
SECTION 2.(d) This section is effective for fiscal years beginning on or after July 1, 2017, if a majority of votes are cast in favor of the amendment set out in Section 2.1 of House Bill 3, 2015 Regular Session.
SECTION 3.(a) G.S. 143‑239 reads as rewritten:
"§ 143‑239. Statement of purpose.
The purpose of this Article is to create
establish reasonable regulations to promote wildlife conservation and
management and to preserve the future of hunting and fishing by creating a
separate State agency to be known as the North Carolina Wildlife Resources
Commission, the function, purpose, and duty of which shall be to manage,
restore, develop, cultivate, conserve, protect, and regulate the wildlife
resources of the State of North Carolina, and to administer the laws relating
to game, game and freshwater fishes, and other wildlife resources enacted by
the General Assembly to the end that there may be provided a sound,
constructive, comprehensive, continuing, and economical game, game fish, and
wildlife program directed by qualified, competent, and representative citizens,
who shall have knowledge of or training in the protection, restoration, proper
use and management of wildlife resources."
SECTION 3.(b) This section becomes effective January 1, 2017, if a majority of votes are cast in favor of the amendment set out in Section 3.1 of House Bill 3, 2015 Regular Session.
SECTION 4. Except as otherwise provided, this act is effective when it becomes law.