North Carolina 2017-2018 Session Status: Enacted 2 R cosponsors

HB 436 — Local Government/Regulatory Fees.

Last action — Signed by Gov. 7/20/2017

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 22, 2017. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

77 added · 15 removed

Plain-language change summary

In the revised version of House Bill 436, specific sections related to the governance of the Town of Knightdale have been removed and amended. Notably, Sections 6.3, 6.4, and 6.5 of Knightdale's charter are repealed, which simplifies the town's charter by focusing on fewer sections. This change is significant because it aims to streamline local governance and clarify the regulations that apply, potentially making it easier for residents to understand their town's laws.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 436 Committee Substitute Favorable 4/20/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 436 Short Title:
Representative Stevens.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 23, 2017 A BILL TO BE ENTITLED AN ACT LIMITING IMPACT FEES AND STUDYING IMPACT FEES.
State and Local Government I, if favorable, Finance March 23, 2017 A BILL TO BE ENTITLED AN ACT PROVIDING THAT COUNTIES AND CITIES SHALL NOT IMPOSE REGULATORY FEES ON NEW CONSTRUCTION.
SECTION 1.1.
SECTION 1.
For one year from the time this act becomes effective, the amount of impact fees imposed by a city or county may not exceed those fees in effect on June 30, 2016.
Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read as follows:
SECTION 1.2.
"§ 153A-145.7.
The Legislative Research Commission (LRC) shall study impact fees imposed by cities and counties.
Regulatory fees on new construction prohibited.
The LRC shall report its findings, together with any proposed legislation, to the 2018 Regular Session of the 2017 General Assembly upon its convening.
No county may impose a regulatory fee on new construction within the jurisdiction of the county unless specifically authorized by general law.
For purposes of this section, a regulatory fee includes an impact fee, facility fee, project fee, capacity fee, or any other fee that requires a developer to pay an amount to help defray capital costs associated with new construction." SECTION 2.
Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read as follows:
"§ 160A-205.3.
Regulatory fees on new construction prohibited.
No city may impose a regulatory fee on new construction within the city's corporate limits or extraterritorial jurisdiction unless specifically authorized by general law.
For purposes of this section, a regulatory fee includes an impact fee, facility fee, project fee, capacity fee, or any other fee that requires a developer to pay an amount to help defray capital costs associated with new construction." SECTION 3.
Except as otherwise provided in this section, the following acts are repealed:
(1) Chapter 477 of the Session Laws of 1989 (Benson).
(2) Part 1 of Article 6 of the Charter of the Town of Carrboro, being Chapter 476 of the Session Laws of 1987, as amended.
(3) Sections 7.4 and 8.5 of the Charter of the Town of Cary, being S.L.
2005-117, as amended.
(4) Chapter 1021 of the Session Laws of 1987 (Catawba County).
(5) Article 7 of the Charter of the Town of Chapel Hill, being Chapter 473 of the Session Laws of 1975, as amended by Chapter 936 of the 1985 Session Laws.
(6) Titles III and VI of Chapter 460 of the Session Laws of 1987, as amended by Chapter 324 of the Session Laws of 1991 and Part 4 of Chapter 642 of the Session Laws of 1993 (Chatham and Orange Counties).
(7) Chapter 660 of the Session Laws of 1991 (Dunn).
*H436-v-1* General Assembly Of North Carolina Session 2017 (8) Sections 5.8 and 5.9 of the Charter of the Town of Garner, being Chapter 333 of the Session Laws of 1977, as amended by Chapter 608 of the Session Laws of 1989, Section 2 of Chapter 608 of the Session Laws of 1989, and Chapter 601 of the Session Laws of 1993.
(9) Chapter 705 of the Session Laws of 1987 (Hickory).
(10) Chapter 536 of the Session Laws of 1985, as amended by Chapter 258 of the Session Laws of 1987, Chapter 986 of the Session Laws of 1987, Chapter 987 of the Session Laws of 1987, and Chapter 988 of the Session Laws of 1987 (Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, and Southern Shores).
(11) Chapter 668 of the Session Laws of 1987 (Knightdale).
(12) Sections 6.3, 6.4, and 6.5 of the Charter of the Town of Knightdale, being Chapter 155 of the Private Laws of 1927, as amended by Chapter 430 of the Session Laws of 1989 and Chapter 770 of the Session Laws of 1989, are repealed.
Section 6.6 and Section 6.7 of the Charter of the Town of Knightdale, being Chapter 155 of the Private Laws of 1927, as amended by Chapter 430 of the Session Laws of 1989, are amended by deleting "Sections 6.2, 6.3, 6.4, and 6.5" wherever it appears and substituting "Section 6.2".
(13) Article XIV of the Charter of the Town of Pittsboro, being Chapter 348 of the Session Laws of 1973, as amended by Chapter 460 of the 1987 Session Laws.
(14) Section 22(81) and Section 22(82) of the Charter of the City of Raleigh, being Chapter 1184 of the Session Laws of 1949, as amended by Chapter 498 of the Session Laws of 1985 and Chapter 514 of the Session Laws of 1987, are repealed.
Section 22(83) and Section 22(84) of the Charter of the City of Raleigh, being Chapter 1184 of the Session Laws of 1949, as amended by Chapter 498 of the Session Laws of 1985, are amended by deleting "(80), (81), and (82)" wherever it appears and substituting "(80)".
(15) Chapter 996 of the Session Laws of 1987 (Rolesville).
(16) Chapter 607 of the Session Laws of 1989 (Southern Pines).
(17) Chapter 502 of the Session Laws of 1989 (Wake Forest).
(18) Chapter 68 of the Session Laws of 1987 (Wendell).
(19) Chapter 668 of the Session Laws of 1987 and Sections 8.30, 8.31, 8.32, and 8.33 of the Charter of the Town of Zebulon, being Chapter 386 of the Session Laws of 1973, as amended by Chapter 606 of the Session Laws of 1989 (Zebulon).
*H436-v-2*
Page 2 House Bill 436-First Edition
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Action History

  1. Signed by Gov. 7/20/2017

  2. Ch. SL 2017-138

  3. Concurred In S Amend SA1

  4. Concurred In S/Com Sub

  5. Ordered Enrolled

  6. Ratified

  7. Pres. To Gov. 6/29/2017

  8. Amend Adopted A1

  9. Passed 2nd Reading

  10. Passed 3rd Reading

  11. Special Message Sent To House

  12. Special Message Received For Concurrence in S Com Sub and S Amend

  13. Cal Pursuant 36(b)

  14. Placed On Cal For 06/29/2017

  15. Reptd Fav

  16. Reptd Fav Com Substitute

  17. Com Substitute Adopted

  18. Re-ref Com On Rules and Operations of the Senate

  19. Withdrawn From Com

  20. Re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

  21. Reptd Fav Com Substitute

  22. Com Substitute Adopted

  23. Re-ref Com On Rules and Operations of the Senate

  24. Withdrawn From Com

  25. Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate

  26. Regular Message Sent To Senate

  27. Regular Message Received From House

  28. Passed 1st Reading

  29. Ref To Com On Rules and Operations of the Senate

  30. Passed 2nd Reading

  31. Passed 3rd Reading

  32. Placed On Cal For 04/25/2017

  33. Reptd Fav Com Substitute

  34. Cal Pursuant Rule 36(b)

  35. Reptd Fav

  36. Re-ref Com On Finance

  37. Passed 1st Reading

  38. Ref to the Com on State and Local Government I, if favorable, Finance

  39. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 177 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

M11 Concur Sen. Amd. 1

Passed 108 Yea · 1 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 69007
Republican 25003
Democratic 13101
U 1000
Total 1081011
% of votes cast 90%1%0%9%
How each member voted (120)
Member Party Vote
Lewis — Yea
Lucas — Yea
McNeill — Yea
Michaux — Yea
Millis — Yea
Steinburg — Not Voting
Szoka — Yea
Zachary — Yea
Autry — Yea
Boles — Yea
Boswell — Yea
Burr — Yea
Conrad — Yea
Dulin — Yea
Faircloth — Yea
Farmer-Butterfield — Not Voting
Floyd — Yea
Fraley — Yea
Garrison — Yea
G.Adcock — Yea
L.Bell — Yea
DuaneHall — Yea
G.Graham — Yea
Jackson — Yea
G.Martin — Yea
R.Moore — Yea
B.Richardson — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
Beasley — Yea
Black — Yea
Bumgardner — Yea
Cleveland — Yea
Collins — Yea
Earle — Yea
Fisher — Yea
Gill — Yea
Goodman — Yea
Hanes — Yea
Holley — Yea
Hunter — Yea
Insko — Yea
Terry — Yea
Wray — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
T.Moore(Speaker) — Yea
Stone — Yea
R.Turner — Yea
C.Graham — Not Voting
BrendenJones — Not Voting
S.Martin — Not Voting
Bradford — Not Voting
Dobson — Yea
Dollar — Yea
Elmore — Yea
Grange — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Hurley — Yea
Jordan — Yea
McElraft — Yea
McGrady — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Speciale — Yea
Williams — Yea
Yarborough — Not Voting
Amos L. Quick, III Democratic Not Voting
Becky Carney Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Not Voting
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Not Voting
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

M11 Concur

Passed 109 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Democratic 14001
Unaffiliated 69007
Republican 25003
U 1000
Total 1090011
% of votes cast 91%0%0%9%
How each member voted (120)
Member Party Vote
Michaux — Yea
Millis — Yea
Szoka — Yea
Terry — Yea
Yarborough — Not Voting
Zachary — Yea
Autry — Yea
Boles — Yea
Boswell — Yea
Burr — Yea
Conrad — Yea
Dobson — Yea
Dulin — Yea
Farmer-Butterfield — Not Voting
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Yea
G.Adcock — Yea
L.Bell — Yea
DuaneHall — Yea
G.Graham — Yea
Jackson — Yea
G.Martin — Yea
R.Moore — Yea
B.Richardson — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
Beasley — Yea
Black — Yea
Bumgardner — Yea
Cleveland — Yea
Collins — Yea
Earle — Yea
Fisher — Yea
Goodman — Yea
Hanes — Yea
Holley — Yea
Hunter — Yea
Insko — Yea
Lucas — Yea
Wray — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
T.Moore(Speaker) — Yea
Stone — Yea
R.Turner — Yea
C.Graham — Not Voting
BrendenJones — Not Voting
S.Martin — Not Voting
Bradford — Not Voting
Dollar — Yea
Elmore — Yea
Faircloth — Yea
Grange — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Hurley — Yea
Jordan — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Speciale — Yea
Steinburg — Not Voting
Williams — Yea
Amos L. Quick, III Democratic Not Voting
Becky Carney Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Not Voting
Kevin Corbin Republican Not Voting
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Subjects

public-safety housing transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 436?
HB 436 is sponsored by Sarah Stevens (Republican) and Mike Clampitt (Republican).
What is the current status of HB 436?
This bill has been enacted into law. Introduced March 22, 2017. Enacted.
Where can I track HB 436?
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