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Legislative
Actions
See
a week's worth of committee actions and floor votes
Senate OKs plan to reorganize, streamline DOT finances
The
Senate on Wednesday gave second-reading approval to S. 901 DOT
Cash Management. The committee substitute bill contains
requirements that DOT reorganize its cash management
procedures consistent with recommendations made by the Joint
Legislative Transportation Oversight Committee Cash Management
Study. The bill orders the DOT to make quarterly reports to
the Transportation Oversight Committee on implementing the
changes over the next two years.
The measure authorizes the State Treasurer to combine balances
of Highway Fund and Highway Trust Fund for cash management
purposes. It directs DOT and the Treasurer to evaluate
recommendations concerning short-term borrowing for cash
management, and submit findings and recommendations to
Oversight Committee by next February.
Significantly, the measure authorizes DOT to use $150 million
per year of the cash balance of the Highway Trust Fund, in
fiscal years 2001-02, 2002-03, and 2003-04 only, for primary
route pavement preservation. DOT must certify that using cash
balances will not affect delivery schedule of Highway Trust
Fund projects in 2002-08 Transportation Improvement Program.
It also authorizes DOT to use $15 million per year of the cash
balance of the Highway Trust Fund, in fiscal years 2001-02,
2002-03, and 2003-04 only, to fund preliminary engineering
costs for projects not included in current year Transportation
Improvement Plan. It authorizes the DOT secretary to transfer
funds to other projects that are ready to be let and were
funded from allocations to those sections.
Innocence
Protection Act nears passage
The
Senate on Monday gave second- and third-reading unanimous
approval to legislation granting greater access by defendants
to DNA testing. H. 884 Innocence Protection Act {Hackney}
would allow a defendant to receive crime scene samples and
analysis of those samples performed by the state before going
to court. The measure now goes to the House, which also passed
the bill unanimously in April
The Senate amended the bill to provide that a court shall
grant the motion for DNA testing of the evidence upon its
determination that (1) it is material to the defendant’s
defense; (2) it is related to the investigation or prosecution
that resulted in the judgment; (3) it either was not DNA
tested previously or was so tested but the requested DNA test
would provide significantly more accurate or probative
results; and (4) if DNA testing had been conducted, there
exists a reasonable probability that the verdict would have
been more favorable to the defendant.
Sen. Frank Ballance (D-Warren), a sponsor of the legislation
mentioned two cases -- Ronald Cotton in Alamance County and
Lesly Jean in Onslow County -- in which men who served several
years in prison for rapes were ultimately cleared by DNA
evidence. The bill is backed by prosecutors, defense attorneys
and law enforcement agencies, he said.
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