July 3rd Legislative Update
By Unknown
We
hoped to NOT send a legislative weekly update in July, but we’re afraid this
is just the first of many. The House and Senate have broken a logjam and are
moving toward agreement on many of the items standing between them and adjourning session
to hit the campaign trails. As we told you, the fiscal year ended and a new
one started (Happy New Year) with no government shutdown. These are signs of
hope:
Business Court Modernization Bill Passes the House
Last
night the House passed SB 853 – Modernize Business Court after the bill moved
quickly through committees earlier this week. The 5th version includes two
new provisions regarding corporations, and logically, a study to identify
further needs of NC's Business Court. The central provisions of this bill dealing
with NC's Business Court, appeals, and the designation of complex business
cases remains constant even in this 5th version of the bill. What's new (and
directly related) is the creation of The
Working Group on Judicial Efficiency and Business Court Modernization
which will consist of 18 members and will meet between enactment of the bill
and the opening of the 2015 Legislative Session in January.
The
Working Group on Judicial Efficiency and Business Court Modernization is
comprised of:
The
new provisions include streamlining corporate reorganization by using holding
companies and validating corporate forum selection provisions contained in
articles of incorporation.
The
bill required approval of the Finance Committee because it increases the
filing fee for a business court case from $1,000 to $1,100 which is expected
to generate an additional $13,400 each year. However, the reporting
requirements of the bill necessitate adding a judicial assistant at a cost to
the state of $64,000.
After
presenting this bill at least six other times, Sen. Barringer had developed
very concise talking points. In particular, she highlighted appealing written
Business Court decisions directly to the Supreme Court, skipping the Court of
Appeals, in an effort to create a consistent body of case law regarding
complex business cases without the various 3-judge panels of the Court of Appeals;
the thought being that the
same justices would have final say each time.
Because
of the House changes in the Senate Bill, the Senate will then have to vote
whether to concur. View the version approved by the House Finance Committee here.
Bills Loaded up Like Christmas trees Health and Safety Regulatory Reform. Senate Bill 493 - Health and Safety Regulatory Reform is now resting comfortably in the Senate Ways and Means Committee; a committee with just three members and just six bills. It appears to be a safe house for bills taken hostage while the end of the session is negotiated.
This
bill passed the Senate as a measure prohibiting motor vehicles from having
certain headlights and was returned by the House
as a veritable Christmas tree containing 15 pages of health and safety
regulatory changes, including:
Please
review the bill here.
Regulatory Reform. Senate Bill 734 - Regulatory Reform is resting comfortably in the Senate Ways and Means Committee but will likely get sprung loose in the waning hours of this legislative session.
This
bill was filed dealing with local ordinances, but the Senate started to
decorate this bill long before it got to the House with two new versions
prepared for committees and 11 amendments added on the Senate floor. The
House also had two new versions of the bill for committee plus 7 floor
amendments. What resulted is a pretty well-organized regulatory catch-all in
3 main sections:
I.
Administrative Reforms
II. Business Regulations III. State and Local Government Regulation
A
few noteworthy provisions:
1.1
establishes Governor's Education Cabinet
1.13 authorizes licensing boards to adopt rules for professional corporations 2.16 creates a study of statutory changes to corporations laws 3.5 repeals the supermajority effect of protest petitions
Be
sure to check out the bill here.
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The Week Ahead
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House and Senate leadership is indicating that next week will
be focused on conferencing on budget and negotiating differences between
House and Senate versions on bills in conference. We’ll be following that for
you.
You can read our blog: Keeping up with Jones Street here. |
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