Legislative Bulletin

JULY 20, 2001


Committee Actions and Floor Votes

The House on Wednesday gave third-reading approval to S. 628 Out-of-State CPAs/Fees

{Clodfelter} and the measure was enrolled. The bill allows certified public accountants licensed in

other states to practice in North Carolina after notifying the State Board of Certified Public

Accountant Examiners. The bill also authorizes the state CPA board to increase license fees from

$200 to $400, and amends certain provisions relating to CPAs.

 

The Senate on Wednesday gave third-reading approval to H. 146 Modify Partnership Tax Credit {Luebke} and returned the bill to the House for concurrence in amendments. A partnership that engages in an activity that is eligible for a tax credit qualifies for the credit as an entity and then passes through to each of its partners the partner's distributive share of the credit for which the partnership entity qualifies. Maximum dollar limits and other limitations that apply in determining the amount of a tax credit available to a taxpayer apply to the same extent in determining the amount of a tax credit for which the partnership entity qualifies, with one exception. The exception is a limitation that the tax credit cannot exceed the amount of tax imposed on the taxpayer."

 

By a vote of 64-44 the House on Monday gave final approval to S. 173 No Death Penalty/Mentally Retarded {Ballance} and returned the bill to the Senate for concurrence in amendments. The House version of the bill, which would prohibit the execution of mentally retarded murderers, is significantly different from the version the Senate passed in April. If a conference committee can work out differences between the chambers, North Carolina will become the 17th state to outlaw such executions.

 

The House has approved bills affecting hotel occupancy taxes in several counties. On Thursday the chamber gave third-reading approval to H. 583 Modify Nash Occupancy Taxes {Tolson} and send the measure to the Senate. H. 685 Occupancy Taxes for Certain Counties {Gibson} received second-reading approval and is on Monday’s calendar for final action. H. 698 Carteret Occupancy Tax Changes {Smith} is on Monday’s calendar for first reading.

 

The House Education Committee on Tuesday favorably reported S. 394 Principal of the

Year/Adviser to Education Board {Miller}. The measure designates the person selected by the

Department of Public Instruction as the Principal of the Year as an ex officio member of the State

Board of Education. The measure was referred to the House Appropriations Committee.

 

u The House Environment and Natural Resources Committee on Tuesday favorably reported H.

612 Disapprove Neuse Water Quality Reclassification {Pope}. The measure delays until

July 2004 a decision by the Environmental Management Commission reached last October that

would allow the town of Wake Forest to withdraw additional water from the Neuse River.

 

The House Financial Institutions Committee on Wednesday favorably reported H. 1106 Enact Mortgage Lending Act {Church}. The measure says that it will be unlawful for any person, other than a list of exempt entities, to act as a mortgage broker or mortgage banker without first obtaining a license from the Commissioner of Banks.

 

The House Mental Health Committee on Wednesday favorably reported H. 381 Mental Health System Reform {lnsko}. The measure embodies recommendations made by Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services The General Assembly last year established the and directed it to develop a plan for reforming the state's mental health system. At that time the legislature expressed the intent that the plan be fully implemented not later than July 1, 2005, and directed the committee to report its recommendations to the 2001 General Assembly

 

The Senate on Thursday gave second- and third-reading approval to H. 360 Health Insurance Omnibus Changes {Dockham}. On Tuesday, the Senate Insurance and Consumer Protection Committee favorably reported a related bill, H. 351 Utilization Review/Grievance Changes {Dockham}.



Legislation Enacted

SL 2001-275 (H. 695). Lift Mecklenburg County Zoning Sunset. An act to repeal the sunset provision relating to Mecklenburg County zoning. Effective July 12, 2001.

SL 2001-276 (H. 696). Lift Mecklenburg Municipal Zoning Sunset. An act to repeal the sunset relating to Mecklenburg municipal zoning. Effective July 12, 2001.

SL 2001-277 (H. 643). Testimonial Privilege For Violence Victims. An act establishing a qualified testimonial privilege for communications with agents of rape crisis centers and domestic violence programs. Effective Dec. 1, 2001, and applies to all communications made on or after that date.

SL 2001-278 (H. 598). Building Inspections Contracted. An act to repeal the requirement that counties and municipalities may only enter into contracts with privately employed individuals or their employers for building inspection services for specifically designated projects. Effective Oct. 1, 2001.

SL 2001-279 (S. 365). Electronic Listing For Property Taxes. An act to provide for electronic listing of business personal property for ad valorem taxes and to allow counties to extend the listing period for electronic listing. Effective July 13, 2001.

SL 2001-280 (H. 75). Appellate Reports To Cherokee Supreme Court. An act to provide for the distribution of copies of the appellate division reports to the Cherokee Supreme Court. Effective July 13, 2001.

SL 2001-281 (H 722). Expand Veterinary Board/Injunctions For Chiropractic Board. An act to increase the members of the North Carolina Veterinary Medical Board from seven to eight and to allow the Board of Chiropractic Examiners to bring an action for injunctive relief in superior court to prevent persons from practicing chiropractic without a license. Effective July 13, 2001.

SL 2001-282 (H. 884). Innocence Protection Act. An act to assist an innocent person charged with or wrongly convicted of a criminal offense in establishing the person's innocence. Section 6 of this act is effective July 13, 2001. The remainder of this act becomes effective Oct. 1, 2001, and applies to evidence, records, and samples in the possession of a governmental entity on or after that date.

SL 2001-283 (H 307). Minimum Housing Standards. An act to apply a law closing a loophole in the minimum housing standards act as it applies to municipalities located in counties with populations in excess of 71,000 people by the last census where the owner can avoid orders to repair, remove, or demolish a rental unit by simply closing it so that it will apply in the entirety of a municipality located in more than one county where some of the municipality is located in a county that meets the population threshold. Effective July 13, 2001.

SL 2001-284 (H. 1111). Soil and Water Conservation Commission Powers and Duties. An act to expand the powers and duties of the Soil and Water Conservation Commission of the Department of Environment and Natural Resources to include development and implementation of a program to approve water quality and animal waste management system technical specialists and development and approval of water quality best management practices. Effective July 13, 2001.

SL 2001-285 (H. 334). Exemption For Interns. An act amending the employment security laws to exempt from the definition of employer governmental employers who hire interns. Effective July 13, 2001.

SL 2001-286 (S. 243). Red Light Cameras/Certain Municipalities. An act to authorize certain municipalities to use traffic control photographic systems and to authorize the municipalities in Wake County to use red light cameras for safety, for schools, but not for profit. Effective July 13, 2001.

SL 2001-287 (S. 40). Continue Operations of Government. An act to extend the expiration date of the legislation authorizing the director of the budget to continue expenditures for the operation of government at the level in effect on June 30, 2001, and extending expiring provisions of law. Effective July 15, 2001.

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