Legislative Bulletin

MARCH 9, 2001

You can obtain the full text of any of bill summarized below from the General Assembly's bill look-up service. Just remember the number of the bill (e.g., H1 or S2, no periods or spaces) and then type that number in at the prompt when you reach the legislature's web site.

Easley prepares to submit his first budget
concerned about pay raises for school teachers


The state’s uncertain finances mean that state employees, including school teachers, won’t get substantial raises next fiscal year, and Gov. Mike Easley is concerned that will mean that teacher pay will fall below the national average. Getting teacher pay up to the national average was a goal North Carolina attained this year after four years of repeated sharp raises in teacher pay, which soared from an average $31,286 in 1996 – 43rd in the nation – to $39,220 last school year – 23rd nationally. Insiders say the budget the governor will send over to the legislature on Monday will propose 2 percent raises for all state employees, including teachers. however, in an interview with the Charlotte Observer, Easley said his budget will propose giving every teacher an additional $200 to $300 in the form of an expense account. "If I give you $1,000 in a pay increase, you pay $350 in taxes. It costs the state $1,000 to give you $650," Easley was quoted as saying. He added that an expense stipend is not taxed and would cover supplies many teachers already are paying for themselves. The money would include some mechanism to ensure it was spent on school supplies. The national average in teacher pay rises each year, and keeping North Carolina teachers at that level would require a pay raise of between 3 percent and 6 percent, which would cost the state up to $200 million. NCCBI President and State Board of Education Chairman Phil Kirk said teachers likely would understand smaller raises this year, but warned the state could drop back into 43rd place if they continue more than a year. "One year is a blip, not a trend," he told reporters.


Hyler testifies on banking industry
NCCBI Second Vice Chairman Jim Hyler told the Senate Commerce Committee on Tuesday that the state’s banking industry remains healthy despite suffering “ some bumps in the road.” Hyler, the First Citizens bank executive, said North Carolina has become one of the top money and banking centers in the United States because of vision and legislative environment.  “North Carolina has a sound and balanced economy … we are fortunate to have achieved this lack of dependence on any one business and industry.  Secondly, banks in North Carolina have been led by what I would describe as conservative visionaries.

Hyler said the economic environment created by the General Assembly was a major contributor to the success of banking in North Carolina and its extension across the country. “The permitting of statewide branching was truly visionary, for in a capital deprived state, as was typical of the South, the only practical way to concentrate capital was through statewide branching,” Hyler said. “The General Assembly has historically maintained a legislative climate that is favorable to the banking community but never at the expense of the citizens or consumers.  There has always been a balance and this must be continued.”

Banking is one of the largest employers in the state, Hyler said. North Carolina’s banks employ 74,096 people within the state and of that number 35,593 are defined as corporate or headquarter employees. For this reason, Hyler said, the legislative climate must continue to be sensitive to the banking industry in order to maintain bank headquarters in North Carolina.

“North Carolina has some of the greatest banks in this country, and this statement is not addressing just size,” he said.  “Certainly we have numerous highly respected major money center banks that are among the biggest in the country, but we also have some of the most outstanding community banks to be found in the United States. This is a tribute to their management, staff and customers.”
 


Crawford, Gulley to co-chair panel to review DOT nominees
House Speaker Jim Black has appointed his members of the Joint Legislative Transportation Oversight Committee, which will meet next week to review Gov. Mike Easley's appointments to the state Board of Transportation. Rep. Jim Crawford (D-Granville) was named co-chair of the 16-member panel. The other House members are Reps. Jonie Bowie (R-Guilford), Monroe Buchanan (0R-Mitchell), Nelson Cole (D-Rockingham), Lorene Coates (D-Rowan), Larry Justus (R-Henderson), Drew Saunders (D-Mecklenburg) and Ronnie Sutton (D-Robeson). Sen. Wib Gulley (D-Durham) is the Senate co-chair. Other senators are Bob Carpenter (R-Macon), Ham Horton (R-Forsyth), David Hoyle (D-Gaston), John Kerr (D-Wayne) Bob Martin (D-Pitt) Tony Rand (D-Cumberland) and Eric Reeves (D-Wake).


Bills of interest introduced this week

Education issues

H. 511 2001 EDUCATION LOTTERY {Fitch} Substantially Identical to H 1, with following exceptions: (1) Directs net income of Lottery Fund to be used as follows: up to 50 percent of net revenues must be transferred annually to fund the Education Improvement Scholarship Program, $1 million must be transferred annually to each local school administrative unit for capital outlay projects for educational facilities as defined in act, and balance of fund must be transferred to the Early Childhood and Development Initiative Program to expand the program into all 100 counties and to fully fund the program. (2) Does not prohibit games based on video poker. (3) Sets compensation paid to lottery game retailers for sales of lottery tickets or shares at 5 percent and allows incentive bonus of up to 2 percent. Referred to Rules.

S. 378 EDUCATION DEGREE NOT REQUIRED./LOCAL SUPERINTENDENT {Lee, six others}. Amends GS 115C-271 to specify that local superintendent of schools, to be eligible to serve, may have, in lieu of service as a principal of a N.C. public school, “leadership, management, and administrative experience” (now, requires “equivalent experience”). Specifies that State Board of Education, in promulgating minimum eligibility requirements to serve as superintendent, may not require experience as an educator, or require that the person have an education degree or a certification as an educator. Effective July 1, 2001, for superintendents elected after that date. Referred to Education.

H. 542 NOMINATING UNC BOARD OF GOVERNORS {Oldham} Assigns to the House University Board of Governors Nominating Committee the duty to nominate members of UNC Board of Governors and sets forth nominating procedures. Allows each representative to nominate up to two persons. Nominations must be in writing and submitted to the House principal clerk by 5:00 p.m. on March 29. An individual may not be nominated in more than one category and is not eligible for nomination if he or she was nominated and not elected to the Board of Governors by the Senate during the 2001 session. Provides that House will elect nine board members: six at-large members for four-year terms; two persons in the political minority party category for four-year terms; and one person in the minority race category for the remainder of an unexpired term that ends on June 30, 2003. Provides for screening of nominees by the committee with respect to qualifications, experience, opinions, and statutory suitability. Directs committee to present a slate of candidates with no more than twice the number of candidates for the total number of seats open in each category. Requires House to hold its election no later than the beginning of the daily session on April 5. Referred to UNC Board. 

S. 304 LEGISLATORS CAN'T SERVE ON COMMUNITY COLLEGE BOARD {Albertson}. Prohibits members of the General Assembly from serving on the board of trustees of a community college. Effective when it becomes law and applies to terms beginning on or after that date. Referred to Education.  

S. 308 A&T STATE, NCCU/NEW-MASTERS OF EDUCATION {Martin of Guilford}. Increases the number of school administrator programs that may be established by the UNC Board of Governors and provides that one of those programs shall be at North Carolina Agricultural and Technical State University and one at North Carolina Central University. Referred to Education.

H. 458 BOY SCOUT/GIRL SCOUT PROTECTION ACT {Blust}. Amends GS 115C-524(b) by adding a new provision stating that rules and regulations adopted by a local board of education, other than those relating to conduct on school premises, shall not be used to exclude the Boy Scouts of America or the Girl Scouts of America from using school property. Referred to Education.

H. 478 CHILDREN'S INTERNET SAFETY NET {Ellis}. Requires public libraries and schools to use technology and take other effective measures to limit access of children to obscene or violent material on the Internet. Referred to Science & Technology.

H. 498 CHARLOTTE-MECKLENBURG SCHOOL BOARD MEMBERS {Gulley}. Adds two at-large members to the Charlotte-Mecklenburg Board of Education. Referred to Local Government I.

H. 499 REVIEW OF COURT ORDERS BY LOCAL SCHOOL BOARDS {Gulley}. Amends GS 115C-47 to require every local board of education to review federal court orders to which the board is a party and seek release from the court’s directives if order has been in effect at least twelve years. Requirement must be met in 2001-02 school year and every five years thereafter. Referred to Rules.

H. 500 CHARLOTTE-MECKLENBURG SCHOOL OMNIBUS ELECTION {Gulley}. Changes terms on the Charlotte-Mecklenburg Board of Education from four years to two years, adds two at-large members, and provides for nonpartisan primary elections. Referred to Local Government I.

T
ax issues

H. 479 ZERO-BASED BUDGET {Gulley}. Directs the Director of the Budget to review every program in state government at least once every five years by requiring each agency to submit a zero-based budget plan that justifies the existence of each activity, among other things. Referred to Appropriations. 

S. 338 HARNETT LOCAL SALES TAX (=H 284) {Harris}. Authorizes Harnett County to levy a one-cent local sales and use tax for public school buildings and for water and sewer capital outlay projects. Referred to Finance. 

H. 482 PITT LOCAL SALES TAX {Edwards}. Authorizes Pitt County to levy a one-cent local sales tax for county and municipality capital outlay and infrastructure improvements, if approved by the voters of the county. Referred to Rules. 



Business issues

S. 340 DAMAGES FOR SALES REPRESENTATIVES {Carpenter}. As title indicates, rewrites GS 66-192(a) to allow exemplary damages of up to three times the amount of commissions due to the sales representative. Effective Oct. 1, 2001, and applies to causes of action arising on or after that date. Referred to Judiciary I

S. 353 DOR DEBT COLLECTION CHANGES {Kerr}. Provides a permanent mechanism for the collection of out-of-state tax debts and modifies the fee for federal setoff of state tax debts. Codifies Sec. 5(a) of SL 1999-341, as amended by Sec. 16 of SL 2000-120 as GS 105- 268.3 and amends the provision to provide that the Secretary of Revenue shall contract for the collection of delinquent tax debts owned by nonresidents and foreign entities. Defines “delinquent tax debts.” Adds a requirement providing that a collection assistance fee shall be imposed on each debt collected and that Revenue must set the amount of the fee based on its actual cost of collection. Provides that before Revenue submits a delinquent tax for collection, it must notify the taxpayer that the debt will be submitted for collection if payment is not received. Effective July 1, 2001. Referred to Finance. 


Governmental issues

H. 532 TEAM TICKET {Ellis}. Amend the North Carolina Constitution to provide that the governor and lieutenant governor run as a joint ticket in the general election after forming a “joint candidacy” so that votes are cast for the team. Directs that proposed amendments be voted on in November 2002 general election. Adds new GS 163-115.1 to require party nominating candidate for governor in primary to also nominate candidate for lieutenant governor, or nomination is void. Makes similar changes to provisions dealing with nominations by new political party or by petitions by unaffiliated candidates. Amends GS 163-151 to require write-in vote for governor to include names of both governor and lieutenant governor candidates to be counted. Constitutional amendment effective with 2004 general election if approved by voters. Referred to Rules. 

S. 309 REVISE TREASURER INVESTMENT AUTHORITY (=H 327) {Hoyle}. Makes technical and conforming changes to the state treasurer's investment authority. Referred to Commerce.


S. 310 UNIFORM SECURITIES REGULATION {Hoyle}. Clarifies the law governing administrative proceedings of the secretary of state. Authorizes the secretary of state to appoint a hearing officer to conduct hearings on licensing matters; and authorizes the secretary of state to adopt uniform national securities regulation standards by temporary rule. Referred to Commerce. 

H. 481 CONFIRMATION OF LORINZO LITTLE JOYNER (= S. 362) {Smith}. Joint resolution providing for the confirmation of the appointment of Lorinzo Little Joyner made by the governor to membership on the North Carolina Utilities Commission to serve the remainder of the unexpired term of William R., which will expire June 30, 2001, and to serve a full term which will begin July 1, 2001, and expire June 30, 2009. Referred to Public Utilities.

H. 495 LEFT TURN ON RED {Hensley, Gulley}. Rewrites GS 20-158( b), intending to allow left turn on red from the leftmost lane of a one-way street onto the extreme left lane of another one-way street traveling in that direction, after coming to a complete stop and yielding to pedestrians and to other traffic. Effective Dec. 1. Referred to Judiciary II.


S. 366 REGULATORY FEES FOR UTILITIES COMMISSION {Hoyle}. Provides that the percentage rate to be used in calculating public utility regulatory fee under GS 62-302 is 0.11 percent for revenues earned during each quarter and that annual fee imposed on N.C. Electric Membership Corp. for fiscal 2001-02 is $200,000. Effective July 1. Referred to Finance.


Legislative actions

The House Finance Committee on Wednesday amended and favorably reported H. 9 Modify Avery County Occupancy Tax. The bill establishes the Beech Mountain Tourism Development Authority to administer funds collected from occupancy tax established by town. Requires that at least 2/3rds of funds available be spent for promotion of travel and remainder for tourism-related purposes. Spells out membership requirements of Authority, as well as duties and reporting requirements for authority. Adds similar statutes applicable to any other towns in Avery County that levy an occupancy tax.


The House on Tuesday passed gave second- and third-reading approval to
 H. 115 Business Transactions Involving Public Funds {Baker}, H. 41 Securities Transfer on Death {Barefoot} and H. 228 Set Date for Community College Board Elections {Bonner}, and sent the bills to the Senate. 


Legislation Enacted

S. 29 CORNING ACCESS BRIDGE. An act to authorize the Department of Transportation to permit private encroachment on the highway right-of-way of NC 132 in New Hanover County for construction of a Corning access bridge.

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