Legislative News January 2016 – What’s New?

By Nelda Holder –

January 1, 2016 rolled in toting a sizeable handful of newly effective laws for the citizens of North Carolina.

Some of these, such as provisions of the Regulatory Reform Act (HB 765) and the Protect NC Workers Act (HB 318), have been covered before in this column. Others may be less familiar to the public, and deserve highlighting here.

Voting changes in 2016

One of the most significant session laws that is now rolling fully onto the playing field is VIVA/Election Reform (HB 589), which has been introduced in phases to the public since it was passed and ratified in 2013. This year will – barring court action – finally put in place the requirement for a photo ID in order to vote in NC, beginning with the March 15 primary election.

The 2013 law was amended in 2015 to (1) allow voters to file a written request for an absentee ballot at a one-stop voting location if they do not have an eligible form of photo identification; and (2) permit voters with a reasonable impediment that prevents them from obtaining a photo ID to declare this in writing and be allowed to vote.

The 2015 changes also extended the time limit for county boards of election to offer a required paper ballot from January 2018 to September 2019 (for counties that use direct record electronic voting).

Women and children go first

As this session law takes effect, North Carolina joins four other states in the country in requiring a three-day waiting period for a woman to obtain an abortion (changing the previous requirement of 24 hours), following the passage of the Women and Children’s Protection Act (HB 465).

The bill also requires any qualified physician who causes a miscarriage or abortion after the 20th week of a pregnancy to record findings and analysis of an existing medical emergency and provide that to the Department of Health and Human Services (these materials not to be public record).

It further grants physicians, nurses, or other health care providers who object to abortion on “moral, ethical, or religious grounds” protection from being required to participate in such a procedure.

A catch-all bill, HB 465 also mandates the following, among other provisions:

• Creation of a Maternal Mortality Review Committee in DHHS to identify maternal death cases and review pertinent data in an attempt to reduce maternal mortality in the state
• Creation of a program for electronic filing in district courts in all counties under Chapter 50B (domestic violence complaints) and 50C (civil no-contact orders)
• Redefinition of statutory rape or sexual offense as vaginal intercourse or a sexual act with a person 15 years of age or younger, if the defendant is at least six years older than the person (unless they are lawfully married).
• Strengthening of pretrial restrictions for domestic abuse, and laws governing the activities of registered sex offenders

Private property defended

This bill, called the Property Protection Act (HB 405) but more publically known as the “Ag-Gag Bill,” was approved over Gov. Pat McCrory’s veto and took effect January 1. It allows for recovery of damages from a person who “intentionally gains access to the nonpublic areas of another’s premises.”

It specifically targets employees who enter “nonpublic” areas of an employer’s premises to capture or remove data, records, or documents, or to record images or sound, or for placing camera or electronic surveillance devices to record images or data. Damages may amount to $5,000 for each day a defendant acts in violation of this law.

The governor’s statement in vetoing the bill included his opinion that “subjecting these employees to potential civil penalties will create an environment that discourages them from reporting illegal activities.”

Vehicle registration enters electronic age

Car owners may now, upon giving their written consent, have their registration renewal sent electronically to them (for a “small” fee). Registration will still be required annually. This modern opportunity is brought to you by the Registration Renewal Notice/E-Mail (SB 621).

A complete list of new statutes is available from the NC General Assembly website, ncleg.net, under “News & Information.”

Nelda Holder is the author of The Thirteenth Juror – Ferguson: A Personal Look at the Grand Jury Transcripts.