Legislative Bulletin

JUNE 15, 2001


Committee Actions and Floor Votes


The House on Wednesday concurred with Senate amendments to H. 3 Encourage Reciprocity in Bidding Process {Owens} and the measure was enrolled. The bill attempts to level the playing field between North Carolina companies and those from other states when bidding for state government contracts. The bill says that if a bidder is based in a state that imposes a penalty on out-of-state firms bidding on state contracts, then North Carolina agencies may impose the same penalty on those firms when they bid on state contracts here.

The Senate on Wednesday gave third-reading approval to H. 1246 Board of Governors Study College Admissions Measures {Arnold} and sent the bill to the House. The measure directs the UNC System, in cooperation with the State Board of Community Colleges and the State Board of Education, to study the reliance on SAT scores as an admissions benchmark.

The House on Tuesday gave third-reading approval to S. 898 Student Citizen Act of 2001 {Dalton}, and returned the bill to the Senate for concurrence in amendments. The measure, which directs the State Board of Education to implement a high school curriculum that teaches good citizenship and which allows local boards of education to adopt dress codes, was amended in the House to also allow local schools to post the Ten Commandments as long as they are treated in proper historical context.

The House on Tuesday gave second- and third-reading approval to S. 714 Amend Certificate of Need {Rand} and the measure was enrolled. The measure, which impacts hospitals, amends the definition of “ambulatory surgical facility” by reducing the number of required operating rooms from two to one.

The House on Tuesday gave second- and third-reading approval to S. 573 Parental Trust Fund/Nonresident Participation {Rand} and the measure was enrolled. The bill allows persons who live outside of North Carolina, but who intend to have their children attend college here, establish a state-sponsored Parental Savings Trust Fund administered by the state Education Assistance Authority.

The Senate on Tuesday gave second- and third-reading approval to H. 998 State Privacy Act {Pope} and sent the bill to the House. The measure, a Senate committee substitute for a House-passed bill, provides under state law as mirror as to federal law on when a Social Security number can be required to be provided. The bill says that it will be unlawful for any state or local government agency to require a person to provide a Social Security number to obtain any benefit or service, except as explicitly allowed by federal law.

The Senate on Wednesday concurred on third reading with House amendments to S. 719 TTA Eminent Domain {Gulley}. The measure provides quick-take procedures in eminent domain proceedings by the Triangle Transit Authority.

The Senate on Tuesday concurred with House amendments to S. 468 Workers’ Comp Cancellations and Renewals {Wellons} and the measure was enrolled. The bill provides guidelines, rights and obligations in workers comp insurance policy cancellations and non-renewals.

The Senate Judiciary I Committee on Tuesday favorably reported S. 438 No DWI on School Grounds {Garrou}, a measure that makes existing DWI laws apply to persons occupying vehicles operating on the grounds of a public or private high school, community college or university.

The House Committee on Election Law and Campaign Finance Reform amended and favorably reported S. 11 Election Changes {Gulley}, a Senate-passed bill that, among other things, specifies that local boards of election must make curtained stalls available at satellite voting places open during the early voting period.

The House Insurance Committee on Wednesday favorably reported H. 729 Motorcycle Insurance Rates {Carrington}, a measure that provides that motorcycle insurance rates will be set in accordance with state laws regulating insurance rates rather than established by the North Carolina Rate Bureau.


New Laws in the Making
Bills that have passed both chambers, been enrolled and presented to the governor

SL 2001-166 (H 331). LRMC Public Members. An act to provide for the appointment of two additional public members of the Information Resource Management Commission. Enacted and effective June 7, 2001.

SL 2001-167 (S 852). Insurance For Public Works Projects. An act to authorize the state to purchase owner-controlled or wrap-up insurance for public works projects. Enacted and effective June 7, 2001.

SL 2001-168 (S 731). Transportation Planning. An act to update and modify the process for development of coordinated transportation plans. Enacted and effective June 7, 2001.

SL 2001-169 (S 716). Poll Worker Discharge. An act to give precinct election officials (chief judges, judges, and assistants) the same protection from discharge as jurors. Enacted and effective June 7, 2001.

SL 2001-170 (H 752). UNC-Greensboro Parking Jurisdiction. An act to authorize the University of North Carolina at Greensboro to regulate parking on certain streets. Enacted and effective June 7, 2001.

SL 2001-171 (H 1090). RIAA Membership. An act providing that the president of the North Carolina Rural Economic Development Center shall serve as an ex officio member of the Rural Internet Access Authority. Enacted and effective June 7, 2001.

SL 2001-172 (H 1160). Health Insurance/Uniform Provider Credentialing. An act to provide for uniform provider credentialing by health insurance plans. Enacted and effective June 7, 2001.

SL 2001-173 (H 1149). School Policies on Harassment of Employees. An act authorizing local boards of education to adopt policies addressing the sexual harassment of school employees, and to clarify the law prohibiting retaliation against employees who report sexual harassment. Enacted and effective June 7, 2001.

SL 2001-174 (S 378). Education Degree Not Required/Local Superintendent. An act to permit an individual who has leadership, management, and administrative ability in a field other than education to serve as a local superintendent of schools. Enacted June 7, 2001. Effective July 1, 2001, and applies to superintendents elected after that date.

SL 2001-175 (H 665). Extend Limitations for Some Intentional Torts. An act to extend the statute of limitations for assault, battery, and false imprisonment to three years in order to provide that the period of limitations for these intentional torts is as long as the period of limitations for unintentional torts. Enacted June 7, 2001. Effective Oct. 1, 2001, and applies to claims arising on or after that date.

SL 2001-177 (H 1053). Action on Construction Payment Bond. An act to shorten the time period in which a claimant may bring an action on a payment bond when the claimant has a direct contractual relationship with a subcontractor in connection with a construction contract but no contractual relationship with the contractor. Enacted June 7, 2001. Effective Oct. 1, 2001, and applies to actions on payment bonds filed on or after that date.

SL 2001-178 (S 71). Suspended Students Assigned to Alternative Programs. An act to establish a pilot program under which participating local school administrative units place all students who are on short-term out-of-school suspension in alternative learning programs. Enacted and effective June 7, 2001.
 
SL 2001-180 (S 321). Insurance Exam Law Amendments. An act to provide for sharing of information produced by, obtained by, or disclosed to the insurance commissioner under the examination law; and to clarify that the examination law applies to all entities subject to regulation by the insurance commissioner. Enacted and effective June 7, 2001.

SL 2001-181 (S 311). Housing Finance Agency Bonds. An act to amend the provisions of the North Carolina Housing Finance Agency Act to make technical amendments and to authorize the investment of money held by the agency in certain bonds. Enacted and effective June 7, 2001.

SL 2001-182 (S 259). Abolish Church Bond Dealer Restriction. An act to amend the securities dealer registration statutes to abolish the church bond dealer restriction. Enacted and effective June 7, 2001.

SL 2001-183 (S 258). Rescission Offer Filing Procedure. An act to require rescission offers to be filed with the Secretary of State. Enacted  June 7, 2001. Effective Oct. 1, 2001, and applies to rescission offers made on or after that date.

SL 2001-184 (H 311). Indian Tribe Unemployment Option. An act to authorize Indian tribes to elect to make unemployment payments, in lieu of contributions, to reimburse actual compensation paid with respect to employees, as required by federal law. Enacted and effective June 7, 2001.

SL 2001-185 (S 236). HFA Bonds. An act to increase the cap on bonds outstanding for the Housing Finance Agency from $1.5 billion to $3 billion. Enacted and effective June 7, 2001.

SL 2001-186 (H 438). Clarify Community College Performance Measure. An act to clarify the performance measures on which community colleges are evaluated for the purpose of performance budgeting. Enacted and effective June 7, 2001.

SL 2001-187 (S 533). Charlotte/Mecklenburg Subdivision Markers. An act allowing the Charlotte city and Mecklenburg County subdivision ordinances to control the location of permanent markers along property lines. Enacted and effective June 7, 2001.

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