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Box 7294 State Legislative Building, Raleigh, NC 27611 Phone 919.733.2484 Fax 919.715.3464 House Legislative Day 1 Vol. 2001, No. 1 Senate Legislative Day 1 Wednesday, January 24, 2001 The 2001 Session of the North Carolina General Assembly The General Assembly of North Carolina convened at 12:00 noon today in the State Legislative Building in Raleigh. This is the 145*' session of the state legislature, counting from the first assembly elected under the Constitution of 1776 (the official count of 144 apparently omits one of the sessions listed in John Cheney s Nort Carolina Government 1585-1979). The General Assembly has convened at the seat of government since 1794. Before then, it met at various times in New Bern, Halifax, Hillsborough, Fayetteville, Tarborough, and Smithfield. The Institute of Government’s Legislative Reporting Service The Institute of Government begins its 66’" year of daily legislative reporting with this issue of the Daily The Daily Bulletin is published each legislative day. It is intended to help members and staff of the General Assembly, state and local government officials, the public, and members of the news media understand and foNow the process of pending legislation. Each edition of the Daily Bulletin will include; (1) a list of bills rnt"d\hanegllati^ ^ay; (2) a report of all calendar action taken on the floor of the S^te an House of Representatives; (3) summaries of all bills introduced and summaries of all amendnients and committee substitutes adopted by the Senate or the House; (4) the schedule and agenda of forthcoming '^^'slative committee meetings; and (5) other information on the legislative process, such as election of officers, appointment of committees, adoption of rules, and other official acts of either chamber. Each day the Daily Bulletin is distributed to members and staff of the General Assembly and to the chief administrative officer and the legislative liaison of each state agency. County and city governments and public libraries receive a weekly compLtion of the bulletins in a single document, the WeeMy Bulletin. O her public officials may subscribe to the Daily Bulletin and other publications of the Institute of Governments Legisla ive Reporting Service for a fee that covers the cost of distribution. Commercial subscriptions are also available for the Daily Bulletin and related publications. For information about subscriptions, contact the Institute of Government Publications Office at 919-966-1119, by email at khunt(S)ioqmail.ioq.unc.e^. or on the web at httD.//ncinfo.ioa.unc.ed^^ Bu//ef/n, other publications of the Legislative Reporting Service Summary a report of bill introductions and calendar action, but not including digests of bills, amendments, committee substitutes' the Weekly Bulletin, a compilation of all bill digests and other information from the Previous weTinto a and the Weekly Status Report, which includes several reports on the current status of bills and resolutions. At the end of the session an Index of Legislation and a report on the Final Disposition of Bills the Daily Bulletin. The Institute, founded in 1931, is a department of the University of North Carolina at Chapel Hill. It is dedicated to teaching, research, and consultation for and about North Carolina state and local government. The Institute is the largest and most diversified university- This publication is printed on permanent, acid-free paper in compliance with the North Carolina General Statutes. Institute of Government The University of North Carolina at Chapel Hill Copyright © 2001 Page 2 Daily Bulletin Institute of Government based organization of its type in the United States. More detailed information about the Institute is available on the web at http;//ncinfo.iog.unc.edu/#IOG. BILLS INTRODUCED TODAY BILL# SHORT TITLE IDEN COMMITTEE GS INDEX S 1 2001 SENATE RULES ADOPTED SENATE RES SUMMARIES OF BILLS INTRODUCED TODAY SENATE BILLS S 1. 2001 SENATE RULES. ADOPTING THE PERMANENT RULES OF THE SENATE FOR THE REGULAR SESSIONS OF THE 2001 GENERAL ASSEMBLY OF NORTH CAROLINA. Substantially similar to the rules of the 1999 Session, with the following differences. Deletes former Rule 9 (permitted the Presiding Officer, while in the Senate Chamber, to call on any member of the Senate to perform the duties of the Chair). Changes standing/select committee list in Rule 32 as follows: (1) adds new Appropriations on Information Technology subcommittee and Redistricting committee; (2) changes name of “Insurance” committee to “Insurance and Consumer Protection" and changes “Appropriations on Human Services” to “Appropriations on Health and Human Services”; and (3) deletes select committee on Tobacco Settlement Issues. Modifications of Rules 40.1 and 41 provide the following deadlines for introduction and crossover: (1) local bills must be filed for introduction not later than 3/14/2001 (bills filed by 4pm on that date with Bill Drafting must be filed for introduction before 3pm on 3/21/2001); (2) public bills and resolutions must be filed for introduction not later than 3/28/2001 (bills filed by 4pm on that date with Bill Drafting must be filed for introduction before 3pm on 4/4/2001); and (3) to be considered in 2001 or 2002, bills must crossover from the House no later than 4/26/2001. Modifies Rule 53 (effect of defeated measure) to provide that if a substitute amendment is adopted on the floor, the contents of the previously pending amendment not contained in the substitute shall be considered to have been defeated. Provides that Rule 29, subsection (h) (Senators who wish to change their vote must make a motion on the same day of the vote) may not be suspended. Modifies subsection (i) of Rule 17 (general decorum) to prohibit Senators from operating wireless phones, pagers, or laptop computers on the floor during session, and to prohibit any other person from operating wireless communication devices that may be disruptive on the floor or in the gallery during session (rule formerly applied only to wireless phones). Makes gender-neutral language changes throughout, as well as other technical and conforming changes. Effective upon adoption. Intro, by Rand. ADOPTED SENATE RES CALENDAR ACTION January 24, 2001 NOTES 1. Amendments and committee substitutes adopted today are summarized in the following section of today’s Daily Bulletin. 2. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers. 3. The action "Cal Pursuant Rule 3 .b" indicates that the bill has been reported by committee and is awaiting calendaring by the Rules Committee. 4. Enacted bills are indicated by #, failed bills by *. 1/24/2001 Institute of Government Daily Bulletin Page 3 PUBLIC BILLS SOOOl 2001 Senate Rules S Filed S Placed On Cal For 1/24/2001 S Amend Failed #1 SA Amend Adopted #2 S Amend Failed #3 SA Adopted SUMMARIES OF AMENDMENTS AND COMMITTEE SUBSTITUTES SENATE BILLS S 1. 2001 SENATE RULES. Intro. 1/24/01. Senate amendment makes the following change to 1st edition. Makes technical change only. House Temporary Rules By resolution, the House adopted as its temporary rules for the 2001 session the 1999 rules with the following two exceptions: (1) in Rule 1, which concerns convening times, “1999” is changed to “2001”; and (2) in Rule 31.1, which concerns introduction deadlines, “1999” is changed to “2001.” Election of Officers Senate President Pro Tempore: Marc K. Basnight Deputy President Pro Tempore: Frank W. Ballance, Jr. Principal Clerk: Janet B. Pruitt Reading Clerk: LeRoy Clark, Jr. Sergeant-at-Arms: Cecil R. Goins House Speaker: James B. Black Speaker Pro Tempore: Joe Hackney Principal Clerk: Denise G. Weeks Sergeant-at-Arms: Robert R. Samuels Appointment of Officers The Democratic and Republican party leaders announced the selection of the following leaders for the 2001 General Assembly. Senate Majority Leader: Tony Rand Majority Whip: Luther H. Jordan, Jr. Minority Leader: Patrick J. Ballantine Minority Whip: James Forrester 1/24/2001 House Majority Leader; Phillip A. Baddour, Jr. ^ . Majority Whips; Beverly M. Earle and Andrew T. Dedmon Minority Leader; N. Leo Daughtry Minority Whip; W. Franklin Mitchell NEXT SESSIONS January 25, 2001 HOUSE convenes at 11:00 a.m. SENATE convenes at 9:00 a.m. 1/24/2001 5; SiOOib^ Daily Bulletin ACTIONS BY THE NORTH CAROLINA GENERAL ASSEMBLY ■ Institute of Government, The University of North Carolina at Chapel Hill I 7 V|a«ve Reporting Sert,ioe, Box 7294 SUte Ceglslati.e Building, Raleigh, NO 27611 a i-eg K a Phone 919.733.2484 Fax 919.715.3464 House Legislative Day 2 Vol. 2001, No. 2 Senate Legislative Day 2 Thursday, January 25, 2001 BILLS INTRODUCED TODAY IDEN COMMITTEE GS INDEX BILL# SHORT TITLE HELD AS FILED CONST, GS 163 S 2 GUBERNATORIAL TEAM TICKET HELD AS FILED GS 20 S 3 DESERT STORM LICENSE PLATE HELD AS FILED 75 S 4 RESTRICT TELEPHONE SOLICITATIONS HELD AS FILED S 5 MAKE N.C. CLEAN AGAIN HELD AS FILED 143B S 6 TRANSFER DOMESTIC VIOLENCE COMM'N HELD AS FILED 143B S 7 ADD JUVENILE MEMBERS HELD AS FILED 163 S 8 SOFT MONEY CONTROL HELD AS FILED UNCODIFIED S 9 INTERSTATE HIGH-SPEED RAIL COMM'N HELD AS FILED 163 S 10 BALLOT ACCESS CHANGES HELD AS FILED 163 S11 ELECTION CHANGES RULES 14, 105, 120, 143D, 147, 150B H 1 LOTTERY FOR EDUCATION/INFRASTRUCTURE RULES 143, APPROP H 2 RECIPROCAL PREFERENCE FOR BIDS RULES 143 H 3 RECIPROCITY IN BIDDING PROCESS RULES 128, 135, 143 H 4 LAW OFFICERS' 25-YEAR RETIREMENT RULES 17F H 5 LAW OFFICER DISCIPLINE RULES YADKIN H6 merge JONESVILLE AND ARLINGTON SUMMARIES OF BILLS INTRODUCED TODAY SENATE BILLS 9 rilRFRNATORIAL TEAM TICKET. TO PROVIDE THAT THE GOVERNOR AND LIEUTENANT rrivERNOR RUN AS A JOINT TICKET IN THE GENERAL ELECTION, TO CLARIFY THE STATUS OF ACTING GOVERNOR AND TO PROVIDE THAT THE LIEUTENANT GOVERNOR SHALL BE NOMINATED BY THE PARTY EXECUTIVE COMMITTEE, RATHER THAN UNDER THE PRIMARY ACT. Provides for a referendurri a the oeneral election in November 2002 on constitutional amendment requiring candidates for Governor and Lt. Governor to Passage of the referendum would also (1) amend the constitution to permit the Governor to retain qubernatorial powers while absent from the State, and (2) trigger conforming statute^ changes prov'hg for for Governor and Lt. Governor as a team, beginning with the 2004 election. Intro, by Rand. pomqt pr ir”^ Held as Filed CONST., GS 163 S 3 DESERT STORM LICENSE PLATE. TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE np^iPQT ^TDRM SPECIAL REGISTRATION PLATES. Amends GS 20-79.4 to direct the Division of Motor Vehicles (DMV) to make special registration plates available to veterans who served durpg4h^Persian Gulf War if DMV receives at least 300 applications for the plate. ^ pAP' ; ■ Intro, by Rand. : - Held as Filed Am« 6 2001 This publication is printed on permanent, acid-free paper in compliance vyith the North Carolina GePs'er&l St^utes. Institute of Government The North C.o,ihe e. Chape, Hi,, UBWYW NORTH CfflOLl- Institute of Government Daily Bulletin S 4 RESTRICT TELEPHONE SOLICITATIONS. TO FURTHER RESTRICT THE HOUR loirarOR MAY/MTMTE A CALL TO A RESIDENTIAL TELEPHONE SUBSCRIBER Amends GS 76-30.1(e) tfprS?sowers betwee 6:00 pm (now, 9:00 pm) and 8:00 am. Effeotive Oct. 1, 2001. Intro, by Albertson. Held as Filed esiuiAKENC CLEAN AGAIN TO MAKE NORTH CAROLINA CLEAN AGAIN. Creates an infraction for maintenance contracts. Effective Dec. 1, 2001. Intro, by Allran. r'c i/i Held as Filed S G TRANSFER DOMESTIC VIOLENCE COMMISSION. TO TRANSFER THE DOMESTIC VIOLENCE COMMISSION TO THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY. Makes Type 11 transfer of CoriTn fmm Dep't rfXwstration to Dep't of Crime Control and Public Safety. Provides that the Comm'n shall exemTse powers independently of the Sec’y of Crime Control and Public Safety. Secreta^'s authordy over Comm'n is limited to management functions of coordinating and reporting. Requires new department home to provide office space for the Comm'n (now, the Dep't of Administration has that responsibility). Makes conforming statutory changes. Effective July 1, 2001. Intro, by Jordan. Held as Filed S 7 ADD JUVENILE MEMBERS. TO ADD TWO MEMBERS WHO ARE JUVENILES TO THE JUVENILE LOCAL CRIME PREVENTION COUNCILS AND TO THE STATE ADVISORY COUNCIL ON JUVE/V/LE JUSTICE AND DELINQUENCY PREVENTION. Amends GS 143B-544(a){12) and GS 143B-556(c) as title indicates. Intro, by Jordan. Held as Filed 143B S 8. SOFT MONEY CONTROL. TO CONTROL THE FLOW OF NATIONAL PARTY POLITICAL CONTRIBUTIONS INTO NORTH CAROLINA. Amends GS 163-278.13(e) to delete the exemption of nationa political parties from the limits on campaign contributions. Intro, by Gulley. Held as Filed S 9 INTERSTATE HIGH-SPEED RAIL COMMISSION. TO APPOINT MEMBERS TO THE VIRGINIA-NORTH CAROLINA INTERSTATE HIGH-SPEED RAIL COMMISSION. Upon concurrence of the Virginia General Assembly, creates the Virginia-North Carolina Interstate High-Speed Rail Comm’n f 3 representatives appointed by the Speaker of the House and 3 senators appointed by the President Pro Tern, of the Senate^ Comm’n is to determine the desirability and feasibility of establishing high-speed passenger service between North Carolina and Virginia and make recommendations to the Governor and 2003 General Assembly. Intro, by Gulley. Held as Filed UNCODIFIED S 10 BALLOT ACCESS CHANGES. TO MAKE CHANGES TO THE BALLOT ACCESS LAWS_Rewrites GS 163-96 to require that any petition for formulation of a new political party be filed before the last Friday in July (instead of first day in June) preceding the general state election in which the parly ^ x change the required contents of the heading of the petition, so that it names location of the state headquailers but not the state chairperson, and specifies span of years during which the party wants its candidates to be 'sted o the ballot. Rewrites GS 163-97 to provide that a party’s failure to poll at least 10 percent of the vote results m its ceasing to be included on the ballot (losing ballot status), not in its ceasing to be a political party. Rewrites GS 163-97.1 to require county board of elections, within 90 days after a party loses its ballot status, to notify eac voter affiliated with that party of the legal consequences of continued affiliation with the party, including poten la 1/25/2001