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Committee
Actions and Floor Votes
 The House gave
second-reading approval Wednesday to a bill outlawing the
execution of mentally retarded persons who are convicted of
capital crimes. The measure, S. 173 No Death
Penalty/Mentally Retarded {Ballance}, was given
second-reading approval on Wednesday following debate on
several amendments. No action was taken on the bill Thursday
and it will be held over until next week. The bill would make
North Carolina the 17th state to ban executions of persons
with an IQ below 70.
The Senate Education Committee on Tuesday amended and
favorably reported H 195. N.C. History Taught/Student
Citizen Act of 2001 {multiple co-sponsors}. The committee
substitute changes the title to “An Act to Require the
Public Schools to Provide Courses of Instruction on North
Carolina History and Geography to Students in Elementary
School and to Students in Middle School, and to Enact the
Student Citizen Act of 2001.” The measure requires two
yearlong courses of instruction on North Carolina geography
and history, one provided in elementary school and one in
middle school. The Student Citizenship Act of 2001 amends GS
115C-81 to require the State Board of Education to modify both
the high school and middle school social studies curricula to
include instruction in civic and citizenship education. The
modified curricula must be completed by Oct. 1, 2001, and
implemented beginning with the 2002-2003 school year. It
requires each local board of education to develop and
implement character education instruction with input from the
local community and encourages local boards to include
instruction on the following responsibilities: (1) respect for
school personnel; (2) responsibility for school safety; (3)
services to others; and (4) good citizenship. It amends GS
115C-391(a) to require local boards to include a reasonable
dress code in policies governing student conduct. It amends GS
115C-81(g) to permit a local school administrative unit to
display documents and objects of historical significance that
have formed and influenced the United States, including the
Ten Commandments. Such a display must be accompanied by a sign
that reads “The First Amendment of the United States
Constitution protects and guarantees to each citizen the free
exercise of religion. No Government shall establish a religion
or encourage one religion or denomination of a religion over
another.”
The House and Senate on Thursday adopted a conference
committee report on H. 1246 Board of Governors Study
College Admissions Measures {Arnold}. The measure directs
the UNC Board of Governors, in consultation with the community
colleges and the public schools, to examine its reliance on
SAT scores for admission to UNC campuses.
The House on Wednesday concurred with Senate amendments to H.
275 Infant Homicide Prevention Act {Haire} and the measure
was enrolled. It says new mothers will not be charged with a
crime if they relinquish custody of a newborn into the care of
a responsible adult.
The Senate on Thursday gave second- and third-reading approval
to S. 1062 Substance Abuse Professionals {Metcalf} and
sent the measure to the House.
The House on Tuesday concurred with Senate amendments to H.
593 Health Insurance Licensed Professional Counselor {Alexander},
H. 968 Soil And Water Employee Judgments {Culp}, and H.
1067 Clarify Auto Repair Bill Of Rights {Smith}, and the
measures were enrolled.
The House on Tuesday defeated on third reading S. 387
Require Experience of General Contractors {Rand}.
The Senate on Tuesday concurred with House amendments to S.
367 Housing Finance Agency Exempt from APA {Hoyle} and the
measure was enrolled.
The Senate Mental Health Committee on Tuesday favorably
reported H. 381 Mental Health System Reform {Insko}.
The Senate Finance Committee on Tuesday favorably reported H.
1157 Scrap Tire Amendments {Hackney}.
The Senate on Monday concurred with House amendments to S.
1023 Revise Uniform Electronic Transactions Act {Hagan}
and the measure was enrolled.
Legislation
Enacted
SL 2001-261
(S 408). Municipal Extraterritorial Jurisdiction Roadway
Improvements. An act to allow large cities to make roadway
improvements in their extraterritorial jurisdiction. Effective
July 4, 2001.
SL 2001-262
(S 823). Promoting NC Grape and Wine Industry. An act to
promote the north Carolina grape and wine industry. Effective
July 4, 2001.
SL 2001-263
(S. 860). Interstate Trust Business. An act to authorize
the chartering of independent trust companies, to permit banks
and trust companies to conduct trust business on an interstate
basis, and to modify the residency requirements for a bank's
board of directors. Effective July 1, 2001, and applies to
acts or omissions occurring and agreements or contracts
entered into on or after that date.
SL 2001-264
(H. 1448). Make Meals Tax Penalties Uniform. An act to
provide uniform penalties for local meals taxes. Effective
Oct. 1, 2001.
SL 2001-265
(H. 1062). Correct Dry-Cleaning/White Goods Laws. An act
to correct certain environmental laws relating to the
dry-cleaning solvent cleanup act of 1997 and the management of
white goods. Section 2 is effective retroactively to Jan. 1,
2000. Section 5 of this act is effective retroactively to July
13, 2000. Section 6 is effective retroactively to July 1,
1998. The remainder of this act is effective July 4, 2001.
SL 2001-266
(S. 9). Interstate High-Speed Rail Commission. An act to
appoint members to the Virginia-North Carolina Interstate
High-Speed Rail Commission. Effective July 4, 2001.
SL 2001-267
(H. 1098). Amend Deposit Account Law. An act to amend the
laws concerning certain types of deposit accounts in North
Carolina to make them more understandable to consumers and to
make them more flexible in meeting consumer preferences.
Effective Oct. 1, 2001, and applies to accounts opened on or
after that date.
SL 2001-268
(H 63). Child Bicycle Safety Act. An act to require the
use of certain safety equipment by children while they are
bicycle operators or passengers. Effective Oct. 1, 2001.
SL 2001-269
(H 356). Collection Agency/Bail Bond Amendments. An act to
update the bond requirements for collection agencies; to
clarify the definition of collection agency; to require
nonresident collection agencies to post a second bond for
expenses incurred by the state in a receivership proceeding
involving the collection agency; to conform the law on
deceptive representation by collection agencies to federal
law; to make technical corrections; to allow bail bondsmen to
create shared trust accounts; to codify an administrative rule
on bondsmen affidavits; and to authorize the commissioner to
deny license renewals to professional bondsmen until they cure
deposit deficiencies. Effective Oct. 1, 2001, and applies to
permits or licenses issued or renewed on or after that date.
SL 2001-270
(S 395). Plumbing And Heating Contractors. An act to amend
certain provisions under the laws regulating plumbing and
heating contractors and to authorize the board of examiners of
plumbing, heating, and fire sprinkler contractors to increase
fees. Effective July 6, 2001.
SL 2001-271
(S 681). Judicial And Execution Sales/Revise Procedure. An
act to amend the law governing judicial sales and execution
sales to provide for a rolling upset bid procedure and to
conform the time periods for posting and publishing notice of
sale to the law governing foreclosure sales under a power of
sale, as recommended by the General Statutes Commission.
Effective Jan. 1, 2002, and applies to judicial sales when the
original order of sale is issued on or after that date and to
execution sales when the execution is originally issued on or
after that date. This act does not apply to any judicial sale
when the original order of sale is issued prior to the
effective date of this act or to any execution sale held
pursuant to any execution originally issued prior to the
effective date of this act.
SL 2001-272
(H 983). Limit Liability/Landowner of Watershed Properties.
An act to provide that owners of land associated with
watershed improvement projects have limited liability with
regard to certain members of the public entering the land for
educational and recreational purposes. Effective Oct. 1, 2001,
and applies to all causes of action arising on or after that
date.
SL 2001-273
(S. 269). Amend Investment Adviser Law. An act to amend
the definition of investment adviser representative; to allow
multiple registration of investment adviser representatives
for certain purposes; and to revise the registration and
notice filing procedures. Effective Oct. 1, 2001, and applies
to applications for initial or renewal registrations and
notice filings filed on or after that date.
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