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Legislative
Actions
Other issues summarized
by topic below:
State
licensing of trade professionals
Health care issues
Education issues
Employment issues
Tax issues
Other bills of
general interest
Committee
actions and floor votes
Senate
Finance leader proposes sunsetting tax credits
Gov. Easley has appointed a blue-ribbon Loophole Closing
Commission to wipe out $150 million worth of tax preferences.
But Sen. John Kerr, the powerful Democrat from Wayne County,
believes that most of those same tax credits should continue
but sunset unless reauthorized every three years. Here is his
bill:
S. 386 REVIEW TAX CREDITS PERIODICALLY {Kerr}. Provides
that tax credits sunset every three years and expresses
General Assembly’s intent to review the credits and renew
all that continue to serve a valid public purpose. Repeals the
following statutes, effective for costs incurred and
investments made during taxable years beginning on or after
Jan. 1, 2003:
 § 105-129.35. Credit for rehabilitating an income-producing
historic structure.
§ 105-129.36. Credit for rehabilitating a nonincome-producing
historic structure.
§ 105-130.25. Credit against corporate income tax for
construction of cogenerating power plants.
§ 105-151.6. Credit for construction of a fuel ethanol
distillery.
§ 105-130.28. Credit against corporate income tax for
construction of a renewable energy equipment facility.
§ 105-130.36. Credit for conservation tillage equipment.
§ 105-151.13. Credit for conservation tillage equipment.
§ 105-130.44. Credit for construction of poultry composting
facility.
§ 105-151.25. Credit for construction of a poultry composting
facility.
§ 105-130.45. Credit for manufacturing cigarettes for
exportation.
Repeals the following statutes effective for dwelling units
completed during taxable years beginning on or after Jan. 1,
2003:
§ 105-130.22. Tax credit for construction of dwelling units
for handicapped persons.
§ 105-151.1. Credit for construction of dwelling units for
handicapped persons. Effective for donations made during
taxable years beginning on or after Jan. 1, 2003, repeals: §
105-130.34. Credit for certain real property donations.
§ 105-151.12. Credit for certain real property donations.
§ 105-130.37. Credit for gleaned crop. § 105-151.14. Credit
for gleaned crop.
§ 105-151.26. Credit for charitable contributions by
nonitemizers.
Effective for taxable years beginning on or after Jan. 1,
2003, repeals:
§ 105-130.39. Credit for certain telephone subscriber line
charges.
§ 105-130.43. Credit for savings and loan supervisory fees.
§ 105-151.21. Credit for property taxes paid on farm
machinery.
§ 105-151.27. Credit for child health insurance.
§ 105-151.28. Credit for premiums paid on long-term care
insurance.
Does not affect rights or liabilities of the state, a
taxpayer, or other person arising under these statutes before
the effective date of the repeal, and does not affect the
right to any refund or credit that accrued before the
effective date of the repeal. Effective for taxable years
beginning on or after Jan. 1, 2003. Referred to Finance.
State licensing of trade professionals
S. 387 REQUIRE EXPERIENCE OF GENERAL CONTRACTORS
{Rand}. Requiring the state licensing board of general
contractors to establish minimum experience requirements for
applicants for licensure as general contractors. Adds new GS
87-10.2 as title indicates. Board must consider practical and
management experience, must provide credit for technical
training or specified college degrees, may not require more
than four years experience and must ‘grandfather’ existing
licensees. Referred to Commerce.
S 395. PLUMBING AND HEATING CONTRACTORS {Miller}.
Rewrites GS 87-18 to give the Board of Examiners of Plumbing,
Heating, and Fire Sprinkler Contractors power to deal with
real property, subject to approval of the governor and Council
of State, and to limit collateral pledged by the board for an
encumbrance to assets, income, and revenues of the board.
Rewrites GS 87-21 to (1) amend the definitions of “heating,
group number two” and “heating, group number three” and
to specify that systems installed in single-family residences
are included under heating, group number three, regardless of
size; (2) authorize the Board to require an applicant, before
taking the licensing examination, to establish that he or she
is at least 18, has not been convicted of any misdemeanors or
felonies involving moral turpitude, and is of good moral
character; (3) provide that examinations must be given at
least twice each year; (4) authorize the board to offer
written examinations or administer examinations by computer
within 30 days after approving an application, and to require
applicants who fail the examination three times to receive
additional education before retaking the examination; and (5)
delete provisions for special, oral examinations. Rewrites GS
87-22 and GS 87-22.1 to increase the maximum application fee
and annual license fee to $150.00 and to require the Board to
increase the fee by $25.00 to cover any additional expense
associated with late renewal. Provides that until fees are
changed by permanent rule, the application fee shall be $80.00
and the annual license fee shall be $100.00. Referred to
Commerce.
S. 396 ELECTRICAL CONTRACTORS {Miller}. Amends GS 87-42
to authorize cited board to own and sell real property subject
to approval by the governor and Council of State. Amends GS
87-44 to raise various fees as follows: annual limited
classification—up to $100 (now $30); annual intermediate
classification—up to $150 (now $75); annual unlimited
classification—up to $200 (now $150); annual special
restricted classifications—up to $100 (now $30); examination
fee applications—up to $125 (now depends on license applied
for); and license review fee—up to $25 (now $10). Directs
board to establish schedule so that licenses have different
expiration dates, but retains 12 months as length of license,
after initial staggering of renewal dates. Sets interim fees
as follows: Limited classifications--$60; intermediate--$100;
unlimited--$150, special restricted $60, and examination
fees--$75. Referred to Finance.
Health
care issues
S. 389 PHYSICIAN-ASSISTED SUICIDE UNLAWFUL {Forrester,
Purcell}. Enacts new GS 14-17.2 making it a Class D felony for
a physician, nurse, pharmacist or other specified licensed
health care professional to participate in a medical procedure
or willfully prescribe any drug, compound, or substance for
the express purpose of assisting a patient to intentionally
end the patient’s life. The following are not violations of
the act: (1) execution of a person sentenced to death by
lethal injection; (2) carrying out the provisions of an
advance directive or living will; (3) withholding or
withdrawing of a life sustaining procedure or compliance with
a federal or state law authorizing withdrawal or refusal of
medical treatments or procedures; (4) administering,
prescribing, or dispensing medications or procedures as
directed by a licensed health care professional for the
purpose of alleviating another person’s pain or discomfort
if it is not done for the purpose of causing death or
assisting in causing death for any reason but nonetheless
increases the risk of death; (5) administering, prescribing,
or dispensing medications or procedures to a patient diagnosed
with a medical condition that includes an element of suicidal
ideation if it is not done for the purpose of causing death or
assisting in causing death for any reason but nonetheless
increases the risk of death. Applies to offenses committed on
or after Dec. 1, 2001. Referred to Judiciary I.
S. 390 EDUCATION ON PHYSICIAN-ASSISTED SUICIDE {Forreste,
Purcell}. Requiring the North Carolina Medical Board to
implement policies to train and educate persons licensed to
practice or persons desiring to practice medicine in the state
on issues related to physician-assisted suicide. As title
indicates; training to include continuing education, and
medical schools and must include pain management, palliative
care, and use of hospice services. Referred to Judiciary I.
S. 446 PHARMACY
TECHNICIANS {Purcell}. Requires all pharmacy technicians,
except students enrolled in a board-approved school of
pharmacy, to register annually with the Board of Pharmacy.
Defines “pharmacy technician” as an unlicensed person who
works under the supervision of a pharmacist and performs
technical functions to assist in preparing and dispensing
prescription medications. Sets forth minimum education and
training requirements for a person to be registered. Limits
the number of pharmacy technicians that may be supervised by a
single pharmacist to two, unless certain conditions are met.
Effective Jan. 1, 2002. Referred to Commerce.
H. 593 HEALTH INSURANCE/LICENSED PROFESSIONAL COUNSELOR
{Alexander}. Adds licensed professional counselors to list of
health care providers covered by insurance payment provisions
of GS 58-50-30 and GS 58-65-1. Defines licensed professional
counselor as a person licensed by the N.C. Board of Licensed
Professional Counselors pursuant to GS Ch. 90, Art. 24.
Effective Oct. 1, 2001. Referred to Insurance.
S. 451 PHARMACISTS' PATIENT DRUG CARE ACT {Rand}.
Enacts new GS 58-3-179 requiring insurers, third-party
administrators and other entities providing health benefit
plans to provide access to and freedom of choice among all
registered pharmacies for outpatient prescription drug
benefits offered to insured beneficiaries covered by these
plans. Also applies to any plan (other than an outpatient
prescription drug program administered by DHHS) administered
by the state with federal or state funds to the extent allowed
by federal law. Insured beneficiary is responsible for paying
a noncontracting pharmacy the difference, if any, between the
amount paid by the plan and the charge established by the
noncontracting pharmacy. Noncontracting pharmacies must be
reimbursed by plans in same manner, to same extent, at same
rate, and on same payment schedule as pharmacies that are
parties to a pharmacy provider contract. Applies to outpatient
prescription drug benefits process on or after July 1, 2001.
Referred to Commerce.
Education
issues
S. 441 STATE SCHOOL SUPERINTENDENT APPOINTED {Lee, Hagan}.
Amends the North Carolina Constitution so that superintendent
of public instruction is no longer elected by a vote of the
people. Provides that governor appoints superintendent,
subject to confirmation by the General Assembly by joint
resolution. Provides that constitutional amendments go into
effect only if approved in referendum held on Nov. 5, 2001.
Referred to Judiciary I.
S 409. CHARTER SCHOOLS/LAW CHANGES
{Gulley}. To allow charter
schools to obtain the same permanent license plates as public
schools and to ensure that charter schools receive a portion
of the funds accruing to the local school administrative unit
from penalties, fines, and forfeitures. Adds new GS
20-84(b)(17), allowing a nonprofit corporation authorized to
operate a charter school to obtain permanent plates for motor
vehicles owned by the corporation and operated exclusively by
that charter school. Rewrites GS 115C-238.29H(b), to require
local school administrative units to transfer to charter
schools attended by students who reside in the administrative
unit, an amount for each such student equal to the per pupil
revenue from penalties, fines and forfeitures accruing to the
local school administrative unit. Effective July 1, 2001.
Referred to Finance.
S. 394.PRINCIPAL OF THE YEAR/ADVISOR TO EDUCATION BOARD
{Miller} To appoint the state principal of the year to the
State Board of Education as an advisory member. Amends GS
115C-11 as title indicates. Principal to serve one-year term,
beginning at time term as principal of the year term begins.
Principal may not vote and may be excluded from executive
sessions. Vacancies filled by runner-up to principal of year,
for any unexpired portion of the term. Referred to Education.
Employment
issues
S. 398 LIFT UNDUE FAMILY HARDSHIP SUNSET {Foxx}. To
repeal the sunset provision relating to the definition of
undue family hardship under the employment security laws of
North Carolina. Repeals provision in S.L. 1999-196 that made
that provision expire on June 30, 2001. Cited session law
provides that individual may not be disqualified from
unemployment benefits if family hardship (as defined in that
act) prevents him or her from accepting job offer for a
particular shift or causes him or her to lose job due to
inability to work a particular shift. Referred to Commerce.
S. 402 KEEP ALTERNATE BASE PERIOD {Horton}. Repealing
the sunset provision relating to the redefinition of the base
period for unemployment benefits and the one and one-half
times test. Amends S.L. 1997-404 as title indicates. Referred
to Commerce.
Tax issues
S. 400 NO TAX ON NEWSPAPERS SOLD IN VENDING MACHINES
{Hoyle}. To exempt newspapers sold through a vending machine
from sales and use tax. Amends GS 105-164.13(28) as title
indicates. Effective July 1, 2001. Referred to Finance.
S 403. LEE LOCAL SALES TAX {Harris, Kinnaird}. To
authorize Lee County to levy a one-cent local sales and use
tax for public school capital outlay purposes and community
college plant fund purposes, if approved by voters of the
county. Authorizes Lee County commissioners to levy additional
one cent tax by resolution, after public hearing as title
indicates. Referred to Finance.
H. 556 RAISE LEXINGTON OCCUPANCY TAX {Holliman}. To authorize
the city of Lexington to increase its room occupancy tax from
three percent to six percent. Authorizes city to levy
additional room occupancy tax of up to 3%. Total tax rate,
when combined with county room occupancy tax and existing city
room occupancy tax, may not exceed 6%. Levy, collection, and
administration of tax will be governed by GS 160A-215. Revises
definition of tourism-related expenses. Adds provisions
regarding composition of city tourism authority. Revises
formula for determining net proceeds of tax. Referred to
Finance.
Other bills of
general interest
S. 372 LATER PRIMARY {Thomas} Amends GS 163-1 to shift
primary for general elections from May to first Tuesday in
August, and makes corresponding changes to statutes dealing
with other parts of election schedule (deadlines for filing as
candidate, establishing a new party, establishing write-in
candidacy, etc). Provides that local school board members now
elected in May primary to serve term beginning in July will
take office in October and terms of existing board members
extended to that date when terms expire in July 2002 or 2004.
Moves presidential preference primary from May to second
Tuesday in March. Effective Jan. 1, 2002. Referred to
Judiciary II.
H. 548 ABOLISH ALIENATION OF AFFECTION./CRIM. CONV {Fitch,
Michaux}. To abolish the civil actions of alienation of
affection and criminal conversation. Adds new GS 52-13 and
–14 as title indicates. Does not apply to actions pending
when act becomes law. Referred to Judiciary III.
S 439.
CHARLOTTE-PARKING ORDINANCES {Dannelly}. Authorizes the
Charlotte City Council to adopt ordinances relating to use of
wheel locks on illegally parked vehicles on which there are
three or more outstanding, unpaid parking tickets, and
relating to parking in spaces for handicapped persons, near
fire hydrants and fire station driveways, near public or
private driveways, and near intersections or crosswalks.
Violation of parking ordinances is not an infraction or
misdemeanor. Allows enforcement of parking ordinances by
persons authorized in ordinance and by city manager as well as
law enforcement officers. Repeals other provisions regarding
fire safety parking regulations. Referred to State & Local
Government.
S. 450 ABOLISH LOBBYISTS AND PUBLIC RELATIONS EMPLOYEES
{Webster, Carrington}. Prohibits state agencies from employing
lobbyists, public relations specialists or legislative
liaisons as defined in GS 120-47.8. Defines state agency to
include the executive, legislative, and judicial branches, as
well as the University of North Carolina, and any constituent
agency, institution, or subdivision of those bodies. Provides
for the transfer of any resulting savings to the Reserve in
the Office of State Budget, Planning, and Management to be
used for the digitization of public records. Effective July 1,
2001. Referred to Appropriations.
H. 599.
REVISE CONSUMER FINANCE ACT {Michaux} Amends GS 53-168 to
increase from $25,000 to $50,000 the minimum amount of
loanable assets required for licensure under Consumer Finance
Act. Amends GS 53-173 to allow licensed lenders to charge 30%
annual interest rate (now, 36%) on first $1,800 in principal
(now, $600) on loans of up to $6,000 (now, $3,000) and 18%
(now, 15%) on the principal balance exceeding $1,800. Allows
licensed lenders to charge additional processing fee of 5% of
cash advance, not to exceed $50. Repeals GS 53-173 (allowing
State Banking Commission to redetermine maximum charges for
small loans). Amends GS 53-176 to allow licensed lenders to
charge 28% annual interest (now, 30%) on first $2,000 in
principal (now, $1,000) on loans of up to $10,000 and 18% on
principal balance exceeding $2,000. Allows licensed lenders to
charge additional process fee of 5% of cash advance, not to
exceed $50. Allows lender to charge late payment charge of up
to 5% of payment or $7, whichever is greater, if payment is at
least 10 days past due. Effective July 1, 2001; and applies to
loans made on or after that date. Referred to Financial
Institutions.
H. 618 TAXI SERVICE TO PIEDMONT TRIAD AIRPORT {Adams}.
Authorizes cities of Greensboro, High Point and Winston-Salem
to adopt ordinances authorizing expanded taxi service.
Expanded service means a taxi driver with a certificate of
convenience and necessity in one of the cities may transport a
passenger to another of the cities, even if the driver does
not have a certificate for that city, or to the Piedmont Triad
International Airport, or from the Piedmont Triad
International Airport to any of the named cities. Referred to
Local Government II.
Committee
actions and floor votes
H 376. INVITING CHIEF JUSTICE LAKE. Intro. 3/1/01. House
committee substitute makes the following changes to 1st
edition. Changes date Chief Justice is invited to address the
General Assembly to Monday, March 26, 2001 (was March 19,
2001).
The House
Finance Committee on Tuesday favorably reported H. 163 FURNITURE MARKET IMPROVEMENT ACT {Jarrell}.
The Senate
Judiciary 1 Committee on Tuesday favorably reported S.
10 BALLOT ACCESS CHANGES
{Gulley}.
The Senate
Insurance & Consumer Protection Committee on Tuesday
favorably S. 132 HEALTH INS./COLORECTAL
SCREENING
{Carpenter}.
The Senate Education
Committee on Wednesday favorably S. 304 NO LEGISLATORS ON
COMMUNITY COLLEGE BOARDS. {Albertson}.
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