N.C. General Assembly Legislative Update, 040515 | Eastern North Carolina Now

News Release:

Required Number of Operating Brake Lights Passes in the Senate

    Last week, Senate Bill 90 (Required Number of Operating Brake Lights), legislation that I'm sponsoring unanimously passed on the floor of the Senate on Thursday, April 02, 2015. The issue of whether one or two stop lamps are required by North Carolina law was the subject of a recent Supreme Court case, State v. Heien. In that case, the defendant was stopped in a motor vehicle with only one operating stop lamp, gave consent to a search of his vehicle, and was charged with drug trafficking. The defendant challenged the validity of the traffic stop and search by arguing North Carolina law only required one operable stop lamp. The United States Supreme Court in an 8-1 decision, upheld the search as lawful, finding that even though North Carolina law only requires one operable stop lamp, the mistake of the officer was reasonable. Therefore, this bill just simply requires two rear brake lights - one on each side of the vehicle. The bill comes at the request of law enforcement agencies - N.C. Sheriffs' Association, N.C. Troopers Association, and the N.C. Association of Chiefs of Police. To see a copy of the legislation click here.

    Presenting Senate Bill 90 (Required Number of Operating Brake Lights) to the Senate Transportation Committee on Wednesday, April 01, 2015.

Legislation Signed into Law that will Lower Electric Rates in Eastern North Carolina

    On Thursday, April 02, 2015, Governor McCrory signed Senate Bill 305 into law. This legislation will allow Duke Energy Progress to purchase stakes in power generation facilities currently owned in part by North Carolina Eastern Municipal Power Agency (NCEMPA). It will enable NCEMPA to issue new bonds to facilitate the sale of the generation assets, and allows Duke Energy Progress to receive the cost of its asset purchase. It also requires Duke Energy Progress to spread out cost recovery over 20 to 30 years, which ensures a benefit for all customers - regardless of location - in the long-term. This initiative is a win-win - it will bring affordable energy to Eastern North Carolina, make the region far more competitive for new jobs and ensure all customers of both entities ultimately pay less on their utility bills. To see a copy of the law click here.
I'm grateful to see the U.S. Army Corps of Engineers "Merritt" sidecaster dredge at Oregon Inlet. Our Ports/Inlets are the state's water highways that enable hundreds of millions of dollars of North Carolina commerce which dwarfs the cost of maintaining them.

Update on SB 160 (Enhance Safety & Commerce for Ports/Inlets)

    On Wednesday, April 01, 2015, Senate Bill 160 (Enhance Safety & Commerce for Ports/Inlets) was ratified in the Senate Committee on Appropriations / Base Budget with removing the provision on the occupancy tax in Dare County. The bill requires the State of North Carolina's Department of Environment and Natural Economic Resources to draft a memorandum of agreement with the United States Army Corps of Engineers on Oregon Inlet and other waterways. The legislation increases the current state appropriations by $1.7 million in the Shallow Draft Inlet Fund, and appropriates $4 million to Oregon Inlet for an intermediate dredging plan. The bill also addresses the unfunded mandate that was tasked to Secretary Daughtridge at the Department of Administration (DOA) in last year's budget. Therefore, it appropriates $1 million to DOA for the Department can retain counsel and prepare to meet the deadlines required in state statute. The bill also appropriates $150,000 to reimburse DOA for its costs associated with exploring options for acquiring Oregon Inlet and the adjacent real property, including, but not limited to, surveys and appraisals, legal research, and studies related to sand management, engineering proposals, and larval transport.

    In addition, the legislation requires the Department of Administration to initiate negotiations with the federal government for an agreement to acquire the federally owned property necessary for managing deep draft navigation channels at the Port of Morehead City. Lastly, the bill establishes a Deep Draft Dredging and Maintenance Fund. However, it requires state appropriations credited to the Deep Draft Fund to be cost-shared on a one-to-one basis with funds provided by the State Ports Authority. Next, the bill is scheduled to be heard in the Senate Committee on Finance. To see a copy of the legislation click here.

Contact: Jordan Hennessy
     jordan.hennessy@ncleg.net, •  (252) 619-3606


     300 N. Salisbury Street
     Room 525 • Raleigh, NC 27603

    Phone: (919) 715-8293  •  Fax: (919) 754-3296  •  bill.cook@ncleg.net