| Legislative
Bulletin |
JULY
6, 2001 |
 |
Legislative
Actions
 The House
Judiciary I Committee on Wednesday amended and then favorably
reported S. 173 No Death Penalty/Mentally Retarded {Ballance}.
The Senate-passed bill, which would ban the execution of
mentally retarded defendants convicted of capital crimes, was
amended to apply not only to murderers convicted in the future
but also to those already on death row. Attorney General Roy
Cooper recommended applying the ban to inmates already on
death to avoid a long and costly legal challenge. Cooper said
lawyers in the department believe the courts would eventually
rule that a new standard applies to existing death row
inmates, even if it wasn't spelled out in the law. Rep. John
Blust (R-Guilford) was the only committee member to vote
against it. The legislation would ban the execution of anyone
with an I.Q. of 70 or less. It would require that a defendant
exhibit evidence of mental retardation prior to the crime. The
bill would not prevent someone who is mentally retarded and
commits murder from being sentenced to life in prison. On
Monday, Missouri became the 16th state to approve legislation
banning the execution of the mentally retarded. Texas Gov.
Rick Perry vetoed a similar bill in June.
The House on
Monday adopted a conference committee report on S. 243 Red
Light Cameras/Certain Cities {Plyler}, and the measure was
sent to the governor for his signature. The legislation adds
Nags Head, Concord, Union County, Durham, Raleigh and all the
cities in Wake County to the existing list of places where
red-light cameras are allowed. Of note, proceeds from $50
tickets issued to speeders caught on camera in Union and Wake
counties must go to the county school systems, rather than
city hall.
The House on
Monday concurred with Senate amendments to H. 643
Testimonial Privilege for Violence Victims {Hackney} and
the measure was enrolled. The bill says rape crisis center
workers can’t be compelled to divulge conversations they
have with rape victims.
The House on
Monday concurred with Senate amendments to H. 884 Innocence
Protection Act {Hackney} and the measure was enrolled. The
far-reaching legislation establishes rules and procedures for
using DNA to convict criminal defendants and for proving the
innocence of those who have been wrongly convicted. Defendants
will be allowed greater access to DNA testing before and after
trial and can receive crime scene samples and analysis of
those samples performed by the state before going to trial.
The House failed
to concur Wednesday with Senate changes to H. 1068 Long
Term Care Facilities/Quality of Care {Nye}.
The House gave
second- and third-reading approval Wednesday to S. 1023
Revise Uniform Electronic Transactions Act {Hagan} and
sent the bill to the Senate for concurrence in amendments.
The Senate
Education/Higher Education Committee on Wednesday favorably
reported H. 1095 N.C. History Taught in Grades 4 and 8
{Barefoot}.
The House
Finance Committee on Tuesday favorably reported S. 628 Out
of State CPAs/Fees {Clodfelter}, a bill that would make it
easier for CPAs licensed in other states to begin practicing
in North Carolina.
The House Health
Care Committee on Tuesday favorably reported S. 826
Criminal Records Check Change/Long Term Care Facilities
{Rand}.
The House Ways
and Means Committee on Tuesday favorably reported S. 471
Minimum Housing Standards (Swindell}.
The Senate
Insurance and Consumer Protection Committee on Tuesday
favorably reported H. 360 Health Insurance Omnibus Changes
{Dockham}.
The Senate
Finance Committee on Tuesday favorably reported H. 327
Revise Treasurer Investment Authority {Allen}.
Legislation
Enacted
SL 2001-251 (H. 343). Remove Employment Security Sunsets.
An act removing sunset provisions relating to the employment
security laws of North Carolina and making other amendments.
Sections 3 and 4 become effective Sept. 1, 2001, and apply to
unemployment insurance claims filed on or after that date.
Remainder of act is effective June 29, 2001.
SL 2001-252 (S. 217). Extend Time for Universal Service
Final Rules. An act to extend the time for the North
Carolina Utilities Commission to adopt final rules regarding
universal service. Effective June 29, 2001.
SL 2001-253 (S. 824). State Health Plan Changes. An act
pertaining to benefits under the Teachers' and State
Employees' Comprehensive Major Medical Plan; and to hospital
rates under workers' compensation. Effective July 1, 2001.
SL 2001-254 (H. 1312). Extend Swine Moratoria/Animal Waste
Amendments. An act to extend the moratoria on construction
or expansion of swine farms, to provide for the issuance of
general permits for animal waste management systems under
Article 21 of Chapter 143 of the general statutes and the
National Pollutant Discharge Elimination System (npdes), and
to extend the pilot program for inspection of animal waste
management systems. Effective June 30, 2001.
SL 2001-255 (S. 1075). Amend Uniform Anatomical Gift Act.
An act to amend the definition of the terms "qualified
individual" and "tissue bank" in the Uniform
Anatomical Gift Act. Effective June 29, 2001.
SL 2001-256 (H. 998). State Privacy Act. An act to
provide under state law a mirror as to federal law on when a
Social Security number can be required to be provided.
Effective Oct. 1, 2001.
SL 2001-257 (H. 689). Tennessee Valley Authority
Officers’ Authority. An act to authorize Tennessee
Valley Authority officers to provide assistance to state and
local law enforcement agencies in the same manner as other
federal law enforcement officers and to include Alexander
County among those counties in which vacancies in the office
of sheriff are filled through consultation with the political
party of the previous sheriff. Effective June 29, 2001.
SL 2001-258 (H. 109). Reimbursement for Marriage/Family
Therapists. An act to authorize reimbursement for licensed
marriage and family therapists under the state health plan for
the treatment of mental health and chemical dependency.
Effective Oct. 1, 2001, and applies to claims for payment or
reimbursement for services rendered on or after that date.
SL 2001-259 (H 1342). Notification of Leased Motor Vehicle
Parking Violations. An act to provide for time limits for
notification of leased vehicle parking violations and the
applicability of the prima facie rule of evidence. Effective
June 29, 2001.
SL 2001-260 (S 532). Clarify School Board Appeals/Noncertified
Employees’ Notice. An act to clarify the right to appeal
to a local board of education, and to require notice of the
dismissal, demotion, or suspension without pay of noncertified
employees. Effective July 1, 2001, and applies to final
administrative or school board decisions made on or after that
date.
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