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See the list of new laws
put on the books recently
There have
been these developments on bills of general interest
 The General
Assembly on Monday night adopted a third continuing resolution
that will allow state government to continue operating until a
budget has been adopted for the new fiscal year that began
July 1. The bill, S. 34 Continue Budget Authority
{Odom} received second- and third-reading approval in the
Senate and was enrolled. It specifies that state agencies may
continue operating at spending levels set in last year’s
budget through Aug. 29. The previous continuing resolutions,
which each ran for two weeks, expired July 30. The Senate
approved the continuing resolution on a vote of 37-4. While
keeping state government operating, the measure also provides
$36 million for the state health plan to help make current
payments to doctors and hospitals. It also authorizes the
Department of Correction to contract for the construction of
three prisons in Anson, Alexander and Scotland counties.
Legislation
allowing public schools to post the Ten Commandments received
final approval in the House on July 26 and the measure was
enrolled. The bill, H. 195 N.C. History Taught in 4th and
8th Grade {Barefoot}, also requires schools to teach a
class in North Carolina history and geography in elementary
school and again in middle school. The bill’s sponsor, Rep.
Dan Barefoot (D-Lincoln) said he had met with two staff
attorneys from the Attorney General’s office and that they
said the bill would pass constitutional muster. The bill
limits posting of the commandments to part of a display
showing other documents that have led to the development of
the western system of law and the U.S. Constitution.
Gov. Easley said he would sign the bill “because the
character education and dress code provisions will help give
our students a proper environment not just to learn, but to
excel. We all like to believe our young people are taught
respect, responsibility and self-discipline at home but the
truth is some are not. If they do not learn it at the
schoolhouse, the next stop may be the courthouse. This is an
effort to ensure that every student who wants to learn will be
in an environment that enables them to learn.”
The House on
Wednesday adopted a conference committee report on S. 16
Municipal Election Boards {Gulley}, the measure that
abolishes most municipal boards of elections in favor of
having county boards of elections administer all elections.
By a vote of 82-19, the House on Monday gave third-reading
approval to S. 92 Various Local Occupancy Taxes {Kerr}
and sent the bill to the Senate for concurrence in amendments.
The measure allows Gastonia, Kings Mountain, Lincolnton, North
Topsail Beach and Pender County to levy new 3 percent
occupancy taxes. The measure requires Gastonia, Kings Mountain
and Lincolnton to earmark at least two-thirds of the taxes
generates to promote travel and tourism in the towns. The
towns may use the rest for other tourism-related projects,
such as convention centers.
The House on July 24 gave third-reading approval to H. 698
Carteret Occupancy Taxes {Smith} and sent the measure to
the Senate. The bill raises the occupancy tax in Carteret
County from 3 cents to 6 cents, with the extra revenue
earmarked to fund the local share of beach nourishment
projects in the county until 2006, when 1 cent of the tax
would go to build a new convention center, probably on Bogue
Banks.
The Senate on Monday concurred with House amendments to S.
11 Election Changes – Miscellaneous {Gulley} and the
measure was enrolled. The bill, one of many adopted by the
General Assembly this year updating North Carolina’s
election statutes in the wake of the Florida presidential
balloting controversy, requires local boards of elections to
notify voters at least 30 days before an election of a
precinct change. It also sets procedures to be followed of a
vacancy in a presidential ticket on the state ballot is filled
after the nomination process is over. The bill also specifies
that military personnel, their spouses and Peace Corps members
can register and vote on Election Day in their home counties
if they were overseas during the registration period.
The Senate on July 26 gave unanimous second- and third-reading
approval to S. 904 Enact Mortgage Lending Act {Gulley}
and sent the measure to the House. The bill, a compromise
measure worked out earlier in the month with the mortgage
industry after three years of effort by consumer advocates,
imposes tighter regulations on the mortgage lenders. It
requires mortgage brokers and lending businesses to be
licensed and sets out uniform business and education
standards. The provisions encourage brokers to offer the best
loan terms for clients. Originating loans without a license is
a felony under the bill. The bill has the support of mortgage
bankers and mortgage brokers, the Coalition for Responsible
Lending and the Attorney General's office.
By a vote of 92-19, the House on July 26 gave third-reading
approval to H. 381 Mental Health System Reform {Insko}
and sent the measure to the Senate. The legislation gives
county governments more authority over local mental health
programs. The bill is the first of several measures proposed
by a study commission to overhaul of the state's mental health
system. North Carolina’s mental health system has been
criticized for mismanagement and providing inadequate
services. H. 381 requires that the state's 39 local mental
health programs be trimmed to at least 20 by 2007.
The Senate on Monday concurred with House amendments to S.
398 Check Casher Act Sunset Extended {Foxx} and the
measure was enrolled. It extends the state's current payday
lending statutes, which was about to expire, to Aug. 31. The
extension gives legislators more time to update regulations
governing the rapidly-growing payday lending industry.
By a vote of 41-1, the Senate on Monday gave second- and
third-reading approval to S. 400 No Tax on Newspapers Sold
in Vending Machines {Hoyle} and sent the measure to the
House. The measure clarifies that newspapers sold ion vending
machines are not subject to the 6 percent sales tax. The bill
now goes to the House.
The Senate on July 26 gave unanimous concurrence to House
amendments to S. 278 Theft of Gasoline/License Suspension
{Hagan} and the measure was enrolled. The bill allows the
state to suspend the driver’s license of motorists who pump
gas but drive off without paying. A person convicted twice of
stealing gasoline would get a 90-day license suspension; a
third or subsequent conviction would mean a six-month
suspension.
The Senate on July 25 gave unanimous second and third-reading
approval to H. 977 Early Voting {Nesbitt} and the
measure was enrolled. The bill extends the popular
"no-excuse" absentee voting first allowed in last
November's election to primaries. About 400,000 voters cast
ballots during a three-week period before Election Day last
November. Without having to give a reason for voting early. H.
977 extends the one-stop no-excuse absentee voting to party
primaries and eliminates the excuse requirement for mail-in
ballots in all elections.
By a vote of 41-1, the Senate on July 24 concurred with House
amendments to S. 173 No Death Penalty/Mentally Retarded
{Balance} and the measure was enrolled. As amended by the
House, the legislation gives jurors more power in determining
whether a defendant is truly mentally retarded or trying to
avoid a death sentence. Seventeen states and the District of
Columbia already have some kind of ban on executions of the
mentally retarded, according to the Death Penalty Information
Center. The legislation defines as mentally retarded anyone
whose IQ was recorded at 70 or lower before the age of 18,
with "significant limitations in adaptive
functioning" at the same time. The ban would apply to
capital trials that begin on or after Oct. 1. Any current
death row prisoner would have several months to file a motion
seeking a hearing before a judge on the issue.
The Senate on July 26 gave third-reading approval to S. 144
Streamlined Sales and Use Tax Agreement {Kerr} and the
measure was enrolled. The measure authorizes the secretary of
he Department of Revenue to enter into agreements with other
states to try to collect the sales taxes from purchases made
online. The measure, which is supported by NCCBI and many
other groups, attempts to streamline the state's sales tax
code to make it easily enforceable through the use of computer
software that would be made available to online merchants in
other states. Sen. John Kerr (D-Wayne), the bill’s sponsor,
has said that the collection mechanism could bring in $450
million in new revenue. The measure was recommended by the
Revenue Laws Study Commission.
Legislation
Enacted
SL 2001-289 (H.
31). Presidential Elector Challenge. An act to provide for
selection of presidential electors by the General Assembly if
the election results have not been proclaimed by the sixth day
before electors are to meet, and by the governor if electors
have not been selected by the day before electors are to meet.
Effective July 19, 2001.
SL 2001-290 (H. 218).
Injury to Commodities or Production Systems. An act to
provide for double damages for the injury to, or the
destruction of, agricultural commodities or production
systems. Effective Oct. 1, 2001.
SL 2001-291 (H. 275).
Infant Homicide Prevention Act. An act to decriminalize
abandonment of an infant under certain circumstances and to
modify some procedures involving abandoned juveniles.
Effective July 19, 2001.
SL 2001-309 (S. 715).
DSS/Indian Affairs Collaboration. An act to require
collaboration between the Division of Social Services and the
Commission of Indian Affairs and the North Carolina directors
of Social Services Association on Indian Child Welfare Issues.
Effective July 27, 2001.
SL 2001-310 (H. 34). Ban
Butterfly and Punch-Card Ballots. An act to ban butterfly
and punch-card ballots. Effective July 28, 2001.
SL 2001-311 (S. 690).
Centennial Authority Changes. An act to amend the Facility
Authority Act so as to clarify that the chancellor represents
the interest of a constituent institution of the University of
North Carolina. Effective July 28, 2001.
SL 2001-312 (H 1246).
BOG Study Admissions/Youths in Institutions of Higher
Education. An act to direct the Board of Governors of the
University of North Carolina, in cooperation with the State
Board of Education and the State Board of Community Colleges,
to study the measures used for admissions, placement, and
advanced placement decisions by the constituent institutions
of the state's university system, to allow intellectually
gifted youths to attend community colleges, and to allow
certain youths to be employed by institutions of higher
education. Effective July 28, 2001.
SL 2001-313 (S 628).
Out-of-State CPAs/Fees. An act requiring out-of-state
certified public accountants to notify the State Board of
Certified Public Accountant Examiners when they perform work
in this state, authorizing the board to increase fees, and
amending certain provisions relating to certified public
accountants. Effective July 28, 2001.
SL 2001-314 (H. 1193).
Voter Address Change by Fax. An act to allow voters to
report changes of address by fax. Effective Jan. 1, 2002.
SL 2001-315 (H. 1186).
Voter Registration by Fax. An act to allow civilians the
same right as military personnel to register to vote by fax.
Effective Jan. 1, 2002.
SL 2001-316 (H. 1126).
Clarify Residency for Registration or Voting. An act to
clarify the definition of residency for persons engaging in
the service of state government, and to make other technical
changes. Effective July 28, 2001.
SL 2001-317 (H. 57).
Labeling Campaign Ads. An act to provide reasonable and
practical requirements for the labeling of campaign ads; and
to clarify media liability. Effective July 28, 2001.
SL 2001-318 (H 897).
Appointments/Triangle Native American Society. An act to
provide for representation of the Triangle Native American
Society on the North Carolina Commission of Indian Affairs,
the North Carolina Indian Housing Authority, and the board of
the North Carolina Indian Cultural Center Inc. Effective July
28, 2001.
SL 2001-319 (H. 831).
Election Changes. An act to provide a greater role for the
State Board of Elections in personnel decisions concerning
county election directors; to enhance the certification
program for election officials; to remove limitations on two
provisions concerning precincts; to change the length of the
one-stop voting period; to allow county boards of elections to
use other one-stop sites instead of the county board office as
long as a nearby site is provided; to allow later acceptance
of voter registration applications; to provide for electronic
transfer of voter registration applications from the Division
of Motor Vehicles; to update the statutes concerning voter
registration list maintenance; to require permanent voter
registration numbers; to apply the write-in statute to
Superior Court judge elections; to correct a reference in the
campaign finance law; to require that all new precinct lines
follow census block lines unless the executive director of the
State Board of Elections grants a waiver after making certain
findings; and to rename the executive secretary-director of
the State Board of Elections the executive director. Effective
July 28, 2001.
SL 2001-320 (H. 668).
Settlement Procedures in District Court Actions. An act to
establish mediated settlement procedures in District Court
actions involving family financial issues. Effective Oct. 1,
2001.
SL 2001-292 (H. 980).
Children in Voting Enclosures. An act to allow children of
a voter to accompany the voter into the voting enclosure.
Effective July 21, 2001.
SL 2001-293 (H. 558).
Real Estate/Travel Agent Fees Regulated. An act to
authorize the real estate commission to adopt rules to permit
real estate brokers to pay travel agents for procuring
potential tenants in vacation rentals. Effective Jan. 1, 2002.
SL 2001-294 (H. 440).
Embalmers and Funeral Directors. An act to amend the
embalmers and funeral directors law of North Carolina.
Effective Dec. 1, 2001.
SL 2001-295 (S. 1023).
Revise Uniform Electronic Transactions Act. An act to
revise the Uniform Electronic Transactions Act. Effective Oct.
1, 2001.
SL 2001-296 (H. 824).
Installation of Sewer Cleanout Required. An act to require
the installation of an accessible cleanout at the junction of
the public sewer line and the house or building sewer line.
Effective Oct 1, 2001, and applies to the installation of
house and building sewer lines that occur on or after that
date.
SL 2001-297 (H. 593).
Health Insurance/Licensed Professional Counselor. An act
to provide for direct payment of licensed professional
counselors under health insurance policies and plans.
Effective Oct. 1, 2001, and applies to claims for payment or
reimbursement for services rendered on or after that date.
SL 2001-298 (H. 1067).
Clarify Auto Repair Bill of Rights. An act to clarify the
Automotive Bill of Rights. Effective July 21, 2001.
SL 2001-299 (S. 367).
Low-Income Housing Credit Program Exempt/APA. An act to
exempt the North Carolina Federal Tax Reform Allocation
Committee and the North Carolina Housing Finance Agency from
the rule-making requirements of the Administrative Procedure
Act with regard to adoption of the qualified allocation plan.
Effective July 21, 2001.
SL 2001-300 (H. 968).
Soil and Water Employee Judgments. An act to clarify the
authority of counties and cities to provide for the defense of
and to pay judgments against soil and water conservation
supervisors and employees. Effective July 21, 2001.
SL 2001-301 (H. 236).
Sanitary District Satellite Annexation. An act to allow
certain sanitary districts to make satellite annexations in
conjunction with similar annexations made by municipalities
located within the sanitary district. Effective July 21, 2001.
SL 2001-302 (H. 1286).
Victims’ Information Repository. An act repealing the
requirement of the conference of district attorneys to
maintain a repository relating to victims' information.
Effective July 21, 2001.
SL 2001-303 (S. 836).
School Assignment/Child In Pre-Adoptive Home. An act to
modify the public school residency requirement for children
residing in pre-adoptive homes. Effective July 21, 2001.
SL 2001-304 (S 407).
Charlotte Stormwater/Transit Quick Take. An act to amend
the charter of the city of Charlotte to allow that city to use
quick take procedure for acquisition of property to be used
for stormwater and public transportation systems. Effective
July 23, 2001.
SL 2001-305 (H. 757).
Raise Washington Occupancy Tax. An act to authorize
Washington County to increase its room occupancy tax for
tourism promotion. Effective July 24, 2001.
SL 2001-306 (S. 653).
Foothills and Mitchell County Local Acts. An act to make
local modifications in the Foothills region concerning
airports and in Mitchell county concerning elections.
Effective July 26, 2001.
SL 2001-307 (H. 1174).
Increase Penalty/Drug Sales at Parks. An act to increase
the criminal penalty for the sale of drugs in public parks and
playgrounds. Effective Dec. 1, 2001
SL 2001-308 (H. 42).
Property Tax Homestead Exclusion. An act to provide
property tax reductions by authorizing local governments to
reduce property taxes in light of the governor's unanticipated
release of withheld reimbursements and by expanding homestead
property tax relief for elderly and disabled homeowners.
Section 3 of this act becomes effective July 1, 2001, and
expires Oct. 1, 2001. The remainder of this act becomes
effective for taxes imposed for taxable years beginning on or
after July 1, 2002.
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