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Legislative
Actions
Mandatory
bicycle helmet law passes
The
Senate narrowly gave second- and third-reading approval
Wednesday to H. 63 Child Bicycle Safety Act
{McAllister} and the measure was returned to the House for
concurrence in amendments. The bill would require all children
under 16 to wear safety helmets while riding a bike on North
Carolina public roads. The Senate, which defeated similar
measures in 1996 and 1998, approved the measure on a vote of
25-23. Supporters of the measure cited studies showing
mandatory helmet laws significantly reduce bike-related deaths
and brain injuries. Under the legislation, parents who
knowingly allow their kids to ride a bicycle without a helmet
would be guilty of an infraction and be fined up to $10. The
fine could be waived on a first offense if a parent shows a
judge a helmet has since been purchased. The law would take
effect Oct. 1. At least 17 states and several North Carolina
municipalities already have mandatory helmet laws. University
of North Carolina highway research reports 38 children aged 14
and under died from bicycle-related injuries between 1996 and
1998.
Compromise
gun-show control bill passes Senate
The
Senate on Wednesday gave second- and third-reading approval to
S. 680 Right to Keep and Bear Arms Protection Act
{Odom} and the measure, which passed by a margin of 31-17, was
sent to the House. The bill protects gun manufacturers and
businesses from some lawsuits while placing more restrictions
on gun shows. Further, the measure prohibits local governments
from suing gun manufacturers and dealers. It would also
require gun show promoters to get a $100 permit from the
county sheriff. That fee would cost $100. It would also
require gun show vendors to be licensed and to collect and pay
sales taxes. The House already has passed a bill limiting
lawsuit liability but has not approved a bill placing
restrictions on gun shows.
Extension
of hog farm moratorium adopted
The
Senate concurred Wednesday with House amendments to H. 1312
Extend Swine Moratorium/Animal Waste {Gibson} and the measure
was enrolled. The legislation extends the state’s current
moratorium on permitting of new industrial-type hog farms,
which was set to expire Saturday, until September 2003. As
passed, the bill doesn’t contain a provision calling for a
study on how to fund a clean up of groundwater contaminated by
hog lagoons that hog industry officials opposed. This was the
third time the moratorium has been extended.
Double-weighted
sales tax debated
After
hearing opposition from NCCBI and others, the House Committee
on Finance considered H. 1231 Amend Apportionment Formula
{Hensley} and decided to refer the measure to the Revenue Laws
Study Committee for further study. NCCBI Vice President of
Governmental Affairs Leslie Bevacqua spoke in opposition to
the bill, which would eliminate the double-weighted sales
factor. Bevacqua indicated that the current law is in line
with other states and that elimination of this provision would
place North Carolina at a competitive disadvantage. She also
indicated that this provision is advantageous to companies
that expand their facilities and increase their number of
employees in North Carolina. Don Hobart, legal counsel
for the N.C. Department of Commerce, and Dan Gerlach,
executive director of the N.C. Budget and Tax Center, also
spoke in opposition to the bill. The study bill passed the
House Committee on Finance and was re-referred to the House
Committee on Rules.
Committee
Actions and Floor Votes
The Senate on Monday concurred with House amendments to S.
823 Promoting NC Grape and Wine Industry {Rand} and the
measure was enrolled.
The Senate on Wednesday gave second- and third-reading
approval to H. 980 Children in Voting Enclosures
{Lucas} and the measure was returned to the House for
concurrence in amendments. The bill allows children of a voter
to accompany the voter into precinct voting booths.
The Senate on Wednesday gave second- and third-reading
approval to H. 1041 Ballot in Spanish {Lucas} and the
measure was returned to the House for concurrence in
amendments. The measure requires counties with at least 6
percent Hispanic population as of the 200 census to print
ballots in English and Spanish. It would apply in 19 counties
and 92 municipalities.
The
House Science and Technology Committee on Wednesday favorably
reported S. 1023 Revise Uniform Electronic Transmission Act
{Hagan}. The measure updates state law references to contracts
and other documents completed by electronic means.
Legislation
Enacted
SL
2001-229 (H. 431). Financial Assistance For Community College
Students. An act to codify the need-based scholarship
program for community college students, to amend the
application requirements, and to allow the state board of
community colleges to target a portion of the funds to
students enrolled in high-demand occupations. Effective July
1, 2001.
SL
2001-230 (S. 160). Amend Good Samaritan Law/Medical Care.
An act to apply the liability limitations of the Good
Samaritan Law to certain medical care providers. Effective
Oct. 1, 2001.
SL
2001-231 (S. 257). UCC Article 9 Amendments. An act to
amend Article 9 of the Uniform Commercial Code to give the
Secretary of State the authority to prevent fraudulent filings
and to make clarifying changes. Section 5 becomes effective
Dec. 1, 2001, and applies to documents presented for filing on
or after that date. The remainder of this act becomes
effective July 1, 2001.
SL
2001-232 (S. 466). Workers’ Compensation Amendments. An
act to increase the amount of burial expenses coverage under
the workers’ compensation act; to change a requirement in
the loss costs rate-making law; and to amend the rate bureau
appeal statute to provide that member companies are not
allowed to appeal bureau decisions on rates or loss costs.
Effective June 21, 2001.
SL
2001-233 (S. 543). Controlled Substances/Classification.
An act to amend the classification of certain controlled
substances to make consistent with federal law governing
controlled substances. Effective June 21, 2001.
SL
2001-234 (S. 937). Certificate Of Need—Adult Care Homes
Regulated. An act to regulate the development of adult
care homes under the certificate of need law. Effective June
21, 2001.
SL
2001-235 (H. 573). Eliminate Campaign Report Notarization.
An act to eliminate the requirement for notarization of
campaign reports. Effective June 22, 2001.
SL
2001-236 (H. 357). Umbrella Insurance Improvements. An act
to increase the amounts of liability insurance that may be
ceded to the North Carolina Motor Vehicle Reinsurance Facility
to facilitate the purchase of excess or umbrella coverage by
motor vehicle owners and to clarify other laws relating to
umbrella insurance. Effective Oct. 1, 2001.
SL
2001-237 (H. 377). Department Of Social Services Changes 2.
An act to make clarifying and other changes to the general
statutes pertaining to child support. Effective June 23, 2001.
SL
2001-238 (S. 123). Special Obligation Bonds For Water/Sewer.
An act to authorize local governments to issue special
obligation bonds for water and sewer projects. Effective
June 23, 2001.
SL
2001-239 (S. 719). TTA Eminent Domain. An act to provide
quick-take procedures in eminent domain proceedings by a
regional public transportation authority. Effective June 23,
2001.
SL
2001-240 (H. 3). Encourage Reciprocity In Bidding Process.
An act to allow the Secretary of Administration and state
agencies to add a percent increase to bids of nonresident
bidders where the nonresident bidders’ home states grant
preferences to in-state bidders. Effective Jan. 1, 2002,
and expires Dec. 31, 2007.
SL
2001-241 (S. 468). Workers’ Compensation Cancellations And
Renewals. An act to provide for guidelines, rights, and
obligations in workers’ compensation insurance policy
cancellations and nonrenewals. Effective Oct. 1, 2001,
and applies to policies issued, renewed or subject to renewal,
or amended on or after that date.
SL
2001-242 (S. 714). Amend Certificate Of Need. An act to
amend the definition of “ambulatory surgical facility” by
reducing the number of required operating rooms from two to
one and to amend the definition of “new institutional health
service” by including construction, development,
establishment, increase in number, or relocation of an
operating room or operating rooms and to extend the
determinative effect of the state medical facilities plan to
all operating rooms and to repeal SL 2000-135. Effective
June 23, 2001.
SL
2001-243 (S. 573). Parental Trust Fund/Nonresident
Participation. An act to clarify that nonresidents may
participate in the parental savings trust fund. Effective July
1, 2001.
SL
2001-244 (S. 811). Parent Of Suspended Student/Adequate Notice.
An act to ensure that the parents or guardians of students who
are suspended or expelled from school receive notice that is
easy to understand. Effective July 1, 2001, and applies to
disciplinary actions initiated on or after that date.
SL
2001-245 (S. 614). Various Cities’ Roadway Expenses. An
act to authorize the towns of Cary and Weddington and the
cities of Charlotte, Concord, and Monroe to expend funds on
roads outside the corporate limits and for participation in
construction of roads outside the corporate limits by the
Department of Transportation. Effective June 25, 2001.
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