I have so been waiting for this submerged lands bill

Anyone who tuned in to the legislature post-election and pre-session got a chance to catch up on the history of water policy in North Carolina. Some absolutely fascinating history and legal aspects — lots of common law stuff. One of the very interesting things discussed was that the state owns the land under its rivers and other public waters. Due to some recent case law, it was decided that the state probably ought to document that. (Correct me if I’m wrong on that submerged lands experts.)
Senate Bill 345 Statewide Submerged Lands Survey Main Page
So, I guess as one of those people who wondered what would come of those discussions from last winter, this is the bill I’ve most anticipated. It sounds strange, but could turn out to be a pretty big deal.

Short Title:        Statewide Submerged Lands Inventory. (Public)
Sponsors: Senator Hartsell (Primary Sponsor).
Referred to:  

 

A BILL TO BE ENTITLED

AN ACT to improve the oversight and management of state‑owned submerged lands, including initiating a process to inventory claims on state‑owned submerged lands.

The General Assembly of North Carolina enacts:

SECTION 1. The Department of Administration shall modify the existing State property database to include a field to indicate whether or not an item within the database includes submerged land. The Department of Administration shall modify the database no later than April 15, 2014, and shall report to the Joint Legislative Commission on Governmental Operations on the completion of the modification no later than that date.

SECTION 2. No structures may be placed on State‑owned submerged lands after the effective date of this act without an easement granted by the Department of Administration. The Department of Administration shall record such easements, if granted, within the State property database using the database field required to be added by Section 1 of this act. This section should not be construed to validate or authorize the presence of any existing structures on State‑owned submerged lands.

SECTION 3. The Department of Administration shall adopt rules specifying the process for how to obtain utility easements on submerged lands, including any fees. The Department shall adopt rules no later than April 15, 2014, and shall report to the Joint Legislative Commission on Governmental Operations on the new rules no later than that date.

SECTION 4. The Department of Administration shall develop and implement procedures with the Department of Environment and Natural Resources for implementing G.S. 146‑8, which relates to the disposition of mineral deposits in State lands under water. The Department of Administration and Department of Environment and Natural Resources shall implement these procedures no later than April 15, 2014, and shall report to the Joint Legislative Commission on Governmental Operations on the implementation status no later than that date.

SECTION 5.(a) Article 4 of Subchapter I of Chapter 146 of the General Statutes is amended by adding the following new section:

§ 146‑20.2.  Non‑coastal submerged lands inventory.

(a) Inventory Process. — The Department of Environment and Natural Resources, Division of Water Resources, in conjunction with the Department of Administration and the Office of the Attorney General, shall inventory all State‑owned submerged lands in non‑coastal counties and shall determine the validity of the claims submitted under this section. In evaluating claims registered pursuant to this section, the Division shall favor public ownership of submerged lands and public trust rights. The provisions of this section shall not apply to the land lying under any private fish pond, irrigation pond, or other waterway not owned by the State.

(b) Claims Submission. — Every person claiming any interest in any part of the bed lying under navigable waters of any non‑coastal county of North Carolina or any right of fishery in navigable waters of any non‑coastal county superior to that of the general public shall register the grant, charter, or other authorization under which the person claims with the Department of Environment and Natural Resources, Division of Water Resources. Such registration shall be accompanied by a survey of the claimed area, meeting criteria established by the Division. Registering any claim with the Division in no way implies recognition by the State of the validity of the claim.

(c) Notice by Publication. — The Division shall give notice of the claims process under this section at least once each calendar year for three years by publication in a newspaper or newspapers of general circulation throughout all non‑coastal counties of the State.

(d) Unfiled Claims Void. — All rights and titles not registered in accordance with this subsection on or before December 31, 2015, are hereby declared null and void.

(e) Annual Report. — On or before September 1 of each year, the Department of Environment and Natural Resources, Division of Water Resources, shall report to the Joint Legislative Commission on Governmental Operations on the following:

(1) The total number of new claims registered.

(2) The number of claims registered that were resolved during the preceding year.

(3) The cost of resolving the claims that were resolved during the preceding year.

(4) The number of unresolved claims.

(5) The projected completion date of the inventory process.

(f) Definition. — For the purpose of this subsection, “non‑coastal county” shall mean all the counties not included in the definition of “coastal counties” in G.S. 113‑205(a).

SECTION 5.(b) The sum of three hundred twenty‑eight thousand dollars ($328,000) is appropriated from the General Fund to the Department of Environment and Natural Resources, Division of Water Resources, for fiscal year 2013‑2014 for the personnel and other expenses associated with inventorying State‑owned submerged lands under G.S. 146‑20.2, as enacted by this section. Three new positions are authorized, to be paid from these funds: one attorney, one paralegal, and one administrative assistant.

The sum of five hundred fifty thousand dollars ($550,000) is appropriated from the General Fund to the Department of Environment and Natural Resources, Division of Water Resources, for fiscal year 2014‑2015, recurring, for the personnel and other expenses associated with inventorying State‑owned submerged lands under G.S. 146‑20.2, as enacted by this section. In addition to the three positions authorized for fiscal year 2013‑2014, the following new positions are authorized effective for fiscal year 2014‑2015, to be paid from these funds: three paralegals and one geographic information system (GIS) specialist.

SECTION 6. Section 5(b) of this act becomes effective July 1, 2013. The remainder of this act is effective when it becomes law.

Things that make you go hmmm

Now why would anyone want to exempt members of one of the state’s metropolitan planning organization from the state ethics act?

Here’s last year’s provision in the budget bill

APPLY STATE ETHICS ACT TO METROPOLITAN PLANNING ORGANIZATIONS AND RURAL PLANNING ORGANIZATIONS

SECTION 24.16.(a) G.S. 136‑202 is amended by adding a new subsection to read:

(e) A Metropolitan Planning Organization shall be treated as a board for purposes of Chapter 138A of the General Statutes.

SECTION 24.16.(b) G.S. 136‑211 is amended by adding a new subsection to read:

(e) Ethics Requirements.A Rural Transportation Planning Organization shall be treated as a board for purposes of Chapter 138A of the General Statutes.

SECTION 24.16.(c) Members of Metropolitan Planning Organizations and Rural Transportation Planning Organizations shall file an initial Statement of Economic Interest with the State Ethics Commission no later than April 15, 2013. All information provided in the Statement of Economic Interest shall be current as of December 31, 2012. The initial Statement of Economic Interest shall be filed electronically.

SECTION 24.16.(d) This section becomes effective January 1, 2013.

And here’s the text of the bill filed today that repeals that for the Meck/Union MPO

A BILL TO BE ENTITLED

AN ACT to provide that the mecklenburg‑union metropolitan planning organization shall not have to comply with Section 24.16(a) of S.L. 2012‑142.

The General Assembly of North Carolina enacts:

SECTION 1. Section 24.16(a) of S.L. 2012‑142 is repealed.

SECTION 2. This act applies only to the Counties of Mecklenburg and Union.

SECTION 3. This act is effective when it becomes law.

so, hmmmm.

Bill repeals public campaign matching funds

Filed today by House Elections co-chair David Lewis
House Bill 297 Matching Funds Repeal Main Page

Short Title:        Matching Funds Repeal. (Public)
Sponsors: Representative Lewis.
Referred to:  

 

A BILL TO BE ENTITLED

AN ACT to remove the matching funds provisions of the public campaign act and the voter‑owned election act and to make conforming and related changes.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 163‑278.62(18) is repealed.

SECTION 2. G.S. 163‑278.66(a) is repealed.

SECTION 3. G.S. 163‑278.67 is repealed.

SECTION 4. G.S. 163‑278.64(d)(2) reads as rewritten:

“(2)      From the filing of a declaration of intent through the end of the qualifying period, a candidate may accept only qualifying contributions, contributions under ten dollars ($10.00) from North Carolina voters, and personal and family contributions permitted under subdivision (4) of this subsection. The total contributions the candidate may accept during this period shall not exceed the maximum qualifying contributions for that candidate. In addition to these contributions, the candidate may only expend during this period the remaining money raised pursuant to subdivision (1) of this subsection and possible matching funds received pursuant to G.S. 163‑278.67.subsection. Except for personal and family contributions permitted under subdivision (4) of this subsection, multiple contributions from the same contributor to the same candidate shall not exceed five hundred dollars ($500.00).”

SECTION 5. G.S. 163‑278.64(d)(3) reads as rewritten:

“(3)      After the qualifying period and through the date of the general election, the candidate shall expend only the funds the candidate receives from the Fund pursuant to G.S. 163‑278.65(b)(4) plus any funds remaining from the qualifying period and possible matching funds.period.

SECTION 6. G.S. 163‑278.64A(a) reads as rewritten:

“(a)       Participation Provisions Modified. — Candidates involved in elections described in G.S. 163‑329 may participate in the Fund subject to the provisions of G.S. 163‑278.64 as modified by this section. The Board shall adapt other provisions of this Article, including G.S. 163‑278.67, Article to those elections.”

SECTION 7. G.S. 163‑278.65(b)(2) reads as rewritten:

“(2)      Contested primaries. — No funds shall be distributed except as provided in G.S. 163‑278.67.distributed.

SECTION 8. G.S. 163‑278.96(17) is repealed.

SECTION 9. G.S. 163‑278.99A(a) is repealed.

SECTION 10. G.S. 163‑278.99B is repealed.

SECTION 11. G.S. 163‑278.98(e)(2) reads as rewritten:

“(2)      From the filing of a declaration of intent through the end of the qualifying period, a candidate may accept only qualifying contributions, contributions under ten dollars ($10.00) from North Carolina voters, in‑kind party contributions as permitted in subdivision (4) of this subsection, and personal and family contributions permitted under subdivision (4a) of this subsection. The total contributions the candidate may accept during this period shall not exceed the maximum qualifying contributions for that candidate. In addition to these contributions, the candidate may only expend during this period the remaining money raised pursuant to subdivision (1) of this subsection and possible matching funds received pursuant to G.S. 163‑278.99B.subsection. If the candidate has any remaining money that was raised as contributions before August 1 of the year before the election, the candidate may not expend that money after filing the declaration of intent, except for purposes permitted under subdivision (2), (3), (6), (7), or (8) of G.S. 163‑278.16B(a).”

SECTION 12. G.S. 163‑278.98(e)(3) reads as rewritten:

“(3)      After the qualifying period and through the date of the general election, the candidate shall cease campaign‑related fund‑raising activities and shall expend only the funds the candidate receives from the Fund pursuant to G.S. 163‑278.99(b) plus any funds remaining from the qualifying period and possible matching funds.period.

SECTION 13. G.S. 163‑278.99(b)(2) reads as rewritten:

“(2)      Contested primaries. — No funds shall be distributed except as provided in G.S. 163‑278.99B.distributed.

SECTION 14. G.S. 163‑278.13(e4) is repealed.

SECTION 15. This act is effective when it becomes law.

Today in the legislature – March 13

Wed, March 13, 2013
8:30 AM
Appropriations Subcommittee on Transportation (Joint)
1228/1327 LB
8:30 AM
Appropriations Subcommittee on General Government (Joint)
1425 LB
8:30 AM
Appropriations Subcommittee on Justice and Public Safety (Joint)
415 LOB
8:30 AM
Appropriations Subcommittee on Education (Joint)
421 LOB
8:30 AM
Appropriations Subcommittee on Natural and Economic Resources (Joint)
423 LOB
8:30 AM
Finance (House)
Child Nutrition Program Solvency and Support. (H57)
Nonprofit grants/Increase accountability. (H58)
NC Railroad Company Reporting and Dividends. (H174)
Transfer of Indian Cultural Center Property. (H60)

544 LOB
8:30 AM
Appropriations on Health and Human Services (Joint) — CANCELLED
643 LOB
10:00 AM
Judiciary Subcommittee A — CORRECTED (House)
Amend Habitual DWI. (H40)
Public Agency Computer Code Not Public Record. (H125)
Discharged Veterans/Identity Theft Protection. (S50)
WC/Taxi Driver/Independent Contractor. (H163)

1228/1327 LB
10:00 AM
Judiciary Subcommittee C — CORRECTED (House)
Amend Info Prov./Non-Cust. Parent/Child Supp. (H189)
Amend Domestic Violence/Civil No-Contact Laws. (H209)
Consular Documents Not Acceptable as ID. (H118)

415 LOB
10:00 AM
Judiciary Subcommittee B (House)
Amend Habitual DWI. (H31)
Increase Year’s Allowance. (H32)
Incapacity to Proceed Amendments. (H88)
Honest Lottery Act. (H156)
Allow Hospitals to Test Blood for DWI. (H183)

421 LOB
10:00 AM
Regulatory Reform Subcommittee on Business and Labor (House)
Youth Skin Cancer Prevention Act. (H18)

424 LOB
10:00 AM
Education/Higher Education (Senate)
Lottery Funds Used for Digital Learning (S119)
Clarify Education Reporting Requirements (S168)

544 LOB
10:00 AM
Regulatory Reform Subcommittee on Local Government (House)
Zoning/Design & Aesthetic Controls. (H150)

643 LOB
11:00 AM
Regulatory Reform Subcommittee on Business and Labor — CORRECTED (House)
Youth Skin Cancer Prevention Act. (H18)

424 LOB
11:00 AM
Health Care (Senate)
Severance & Relocation For Area Directors. (S223)
Effective Operation of 1915(b)/(c) Waiver. (S208)

544 LOB
12:00 PM
State Personnel — CORRECTED (House)
Mandatory Retirement Age for Magistrates. (H161)

544 LOB
12:00 PM
Public Utilities and Energy — CORRECTED (House)
Electric Membership Corps/Member Control. (H223)
Confirm Utilities Commission Appointment. (H271)

643 LOB
1:00 PM
Elections (House)
643 LOB
2:00 PM
Session Convenes (Senate)
Senate
3:00 PM
Session Convenes (House)
House
4:00 PM
Select Committee on UNC Board of Governors (Senate)

Bill would eliminate extraterritorial jurisdiction

House Bill 264, filed this morning, would go a step further than most bills aimed at the power of cities and towns, eliminating the authority of municipalities to regulate beyond their borders.
H264 Justice for Rural Citizens Main Page

 

Short Title:        Justice for Rural Citizens Act. (Public)
Sponsors: Representative Pittman.
Referred to:  

A BILL TO BE ENTITLED

AN ACT to remove the injustice of extraterritorial jurisdiction by declaring that no city, town, village, or other political subdivision within the state may have or exercise any jurisdiction beyond its corporate limits.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 160A‑360 and G.S. 160A‑362 are repealed.

SECTION 2. Because citizens dwelling outside the corporate limits may not vote in an election for the officers of a city, town, village, or other political subdivision, no city, town, village, or other political subdivision in this State shall have or exercise any jurisdiction beyond its corporate limits.

SECTION 3. This act becomes effective January 1, 2014.

Blue Monday Shad Fry legislation

Finally.
House Bill 241 Main Page

Short Title:        Blue Monday Shad Fry. (Public)
Sponsors: Representatives Brisson and Waddell (Primary Sponsors).
Referred to:  

 

A BILL TO BE ENTITLED

AN ACT to make the Blue Monday shad fry in east arcadia located on the cape fear river lock and dam #1 in bladen county and southeast columbus county the official state blue monday shad fry.

Whereas, the community of East Arcadia has been holding an Annual Shad Fry on the Monday following Easter Sunday for more than 60 years; and

Whereas, this Annual Shad Fry was founded and financed by Bernard Carter, Chester Graham, and Archie Graham around 1950; and

Whereas, Jesse Blanks, Wendell Brown, and Jerry Graham have assumed this position since the 1988 death of Mr. Carter; and

Whereas, this event has been supported by local men such as Teddy Hall, John Leslie Carter, Harry Blanks, Curtis Bowen, Cleo Spaulding, Odell Graham, George Graham, Sr., and Thurman Blanks, who catch, clean, and donate the shad; and

Whereas, this event garners support from the Town of East Arcadia and surrounding communities and hosts visitors from across North Carolina and other states such as Maryland, New Jersey, Connecticut, Texas, and Washington; and

Whereas, this is a day of reunion, remembering, and fellowship for all comers with upward of 1,000 individuals attending during the day; and

Whereas, it is the desire of the community to continue this tradition; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 145‑33 is amended by adding a new subsection to read:

“§ 145‑33.  State Shad festival.Festival; Blue Monday Shad Fry.

(a) The Grifton Shad Festival is adopted as the official Shad Festival of the State of North Carolina.

(b) The East Arcadia Blue Monday Shad Fry is adopted as the official Blue Monday Shad Fry of the State of North Carolina.

SECTION 2. This act is effective when it becomes law.

New DACA license bill would stop DOT ‘pink stripe’ design

A new bill introduced yesterday would require the state to issue licenses for people who qualify under the Deferred Action for Childhood Arrivals initiative and prohibit the DOT from making them distinguishable from regular licenses. The department announced recently it would issue licenses that include a pink stripe and the words NO LAWFUL STATUS written in red and caps.

Short Title:        Allow Drivers Licenses for DACA Beneficiaries. (Public)
Sponsors: Representatives Luebke, Gill, Glazier, and McManus (Primary Sponsors).
Referred to:  

A BILL TO BE ENTITLED

AN ACT to clarify that beneficiaries of the federal deferred action for childhood arrivals initiative are eligible to obtain a drivers license in this state.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 20‑7(s) reads as rewritten:

“(s)       Notwithstanding the requirements of subsection (b1) of this section that an applicant present a valid social security number, the Division shall issue a drivers license of limited duration, under subsection (f) of this section, to an applicant applicant, including a beneficiary of the federal Deferred Action for Childhood Arrivals (DACA) initiative, present in the United States who holds valid documentation issued by, or under the authority of, the United States government that demonstrates the applicant’s legal presence of limited duration in the United States if the applicant presents that valid documentation and meets all other requirements for a license of limited duration. Notwithstanding the requirements of subsection (n) of this section addressing background colors and borders, a drivers license of limited duration issued under this section shall bear a distinguishing mark or other designation on the face of the license clearly denoting the limited duration of the license. However, a license of limited duration granted to a beneficiary of the federal DACA initiative shall not be distinguishable in any manner from other licenses issued pursuant to this subsection.

SECTION 2. This act is effective when it becomes law.

More via the Mercury

Carolina Mercury – Pink licenses were OK’d by McCrory