Daily bulletin

2005·44.8 MB·English

by  University of North Carolina at Chapel Hill. Institute of Government.

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Daily Bulletin
ACTIONS BY THE NORTH CAROLINA GENERAL ASSEMBLY
Institute of Government—School of Government
The University of North Carolina at Chapel Hill
Legislative Reporting Service, Box 7294 State Legislative Building, Raleigh, NC 27601
Phone [phone] Fax [phone]
House Legislative Day 1 Vol. 2005, No. 1 Senate Legislative Day 1
Wednesday, January 26, 2005
The 2005 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 147th session of the state legislature, counting from the first assembly elected under the
Constitution of 1776 (the official count of 146 apparently omits one of the sessions listed in John Cheney’s North
Carolina Government 1585-1979). The General Assembly has convened at the seat of government in Raleigh
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 70th year of daily legislative reporting with this issue of the Daily
Bulletin.
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 follow the progress of pending legislation. Each edition of the Daily Bulletin will include: (1) a list of bills
introduced that legislative day; (2) a report of all calendar action taken on the floor of the Senate and House of
Representatives; (3) summaries of all bills introduced and summaries of all amendments and committee
substitutes adopted by the Senate or the House; and (4) 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 compilation of the bulletins in a single document, the Weekly Bulletin. Other public
officials may subscribe to the Daily Bulletin and other publications of the Institute of Government’s Legislative
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 919-965-4119, by email at [email protected], or on the web at
http://ioq.unc.edu.
In addition to the Daily Bulletin, other publications of the Legislative Reporting Service include: the Daily
Summary, a report of bill introductions and calendar action, but not including digests of bills, amendments, or
committee substitutes; the Weekly Bulletin, a compilation of all bill digests and other information from the previous
week into a single document; 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 and Resolutions is also available.
The Institute of Government produces the Daily Bulletin. The Institute, founded in 1931, is a part of the
School of Government 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
This publication is printed on permanent, acid-free paper in compliance with the North Carolina General Statutes.
Institute of Government—School of Government
The University of North Carolina at Chapel Hill
©2005
Page 2 Daily Bulletin Institute of Government
diversified university-based organization of its type in the United States. More detailed information about the
Institute is available on the web at http://ioq.unc.edu.
BILLS INTRODUCED TODAY
BILL# SHORT TITLE IDEN COMMITTEE GS INDEX
S 1 ADOPT PERMANENT RULES ADOPTED JOINT RES
H 1 ELECTING SPEAKER & SPEAKER PRO TEM. ADOPTED HOUSE RES
H 2 ELECTING PRINCIPAL CLERK ADOPTED HOUSE RES
SUMMARIES OF
BILLS INTRODUCED TODAY
SENATE BILLS
S 1. ADOPT PERMANENT RULES. ADOPTING THE PERMANENT RULES OF THE SENATE FOR THE
REGULAR SESSIONS OF THE 2005 GENERAL ASSEMBLY. Same as 2003 rules with the following exceptions:
Amends Rule 17 to require all persons on Senate floor to wear business attire and to prohibit smoking in the
Senate Chamber. Amends Rule 24 to allow a motion to reconsider a vote on a bill no longer in the Senate's
possession and to prohibit enrollment of such a bill if the motion to reconsider passes, unless the bill again
passes third reading. Amends Rule 27 to require a leave of absence before an absent Senator may pair on a
vote. Amends Rule 28 to limit dividing a question to bills (was, any question). Amends Rule 32 to (1) combine the
Appropriations subcommittees on General Government and Information Technology, (2) add new committee on
Homeland Security, Emergency Management & Military Affairs, (3) add new committee on Mental Health & Youth
Services, and (4) eliminate committees on Children & Human Resources, Insurance & Consumer Protection, and
Rural Development. Amends Rule 34 to remove cap on membership of Commerce Committee and to add Deputy
President Pro Tern, as ex officio member of each committee and subcommittee. Amends Rule 39.1 to prohibit
consideration of a local bill that became a public bill and does not relate to the subject matter of the original bill.
Amends Rule 40.1 to set bill introduction deadlines as follows: Local bills must be requested by March 2 and filed
by March 9; public bills must be requested by March 16 and filed by March 23. Amends Rule 41 to set crossover
bill deadline as May 19. Amends Rule 47(b) to increase from 3/5 to 2/3 the proportion of the membership required
to support a petition to discharge a committee from consideration of a bill. Amends Rule 61 to increase the
number of assistant sergeants-at-arms from 15 to 16. Amends Rule 63 to add research assistants and office
assistants to the list of staff that may be appointed by the President Pro Tern. Makes technical and conforming
changes.
Intro, by Rand.
Adopted SENATE RES
HOUSE BILLS
H 1. ELECTING SPEAKER & SPEAKER PRO TEM. ELECTING REPRESENTATIVE JAMES B. BLACK OF
MECKLENBURG COUNTY AS SPEAKER OF THE HOUSE OF REPRESENTATIVES, TO CREATE THE
OFFICE OF SPEAKER PRO TEMPORE AND TO ELECT REPRESENTATIVE RICHARD T. MORGAN OF
MOORE COUNTY AS SPEAKER PRO TEMPORE, TO AUTHORIZE THE SPEAKER PRO TEMPORE TO
APPOINT CHAIRS AND COCHAIRS OF COMMITTEES AND STANDING SUBCOMMITTEES AS DESIGNATED
BY THE SPEAKER, AND TO PROVIDE FOR THE ELECTION OF THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES IN THE CASE OF A VACANCY. As title indicates. In the case of a vacancy in the office of
Speaker, the Principal Clerk shall preside until the House elects a Speaker.
Intro, by Culpepper.
Adopted HOUSE RES
1/26/2005
Institute of Government Daily Bulletin Page 3
H 2. ELECTING PRINCIPAL CLERK. A HOUSE RESOLUTION TO ESTABLISH THE OFFICE OF PRINCIPAL
CLERK OF THE HOUSE OF REPRESENTATIVES AND TO ELECT MS. DENISE GALE WEEKS AS PRINCIPAL
CLERK. As title indicates.
Intro, by Culpepper.
Adopted HOUSE RES
CALENDAR ACTION
January 26, 2005
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 36b" 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 *.
PUBLIC BILLS
S0001 PERMANENT RULES FOR THE 2005 REGULAR S PLACED ON CAL FOR 1/26/2005
SESSIONS. S AMEND FAILED #1
S AMEND FAILED #2
S AMEND FAILED #3
S AMEND FAILED #4
S AMEND FAILED #5
S ADOPTED
H0001 ELECTING SPEAKER AND SPEAKER PRO H ADOPTED
H0002 ELECTING PRINCIPAL CLERK H ADOPTED
ELECTION OF OFFICERS
SENATE
President Pro Tempore: Marc K. Basnight
Deputy President Pro Tempore: Charlie S. Dannelly
Principal Clerk: Janet B. Pruitt
Reading Clerk: Ted Harrison
Sergeant-at-Arms: Cecil R. Goins
HOUSE
Speaker: James B. Black
Speaker Pro Tempore: Richard T. Morgan
Principal Clerk: Denise Gale Weeks
APPOINTMENT OF OFFICERS
HOUSE
The Speaker appointed the following officers:
Sergeant-at-Arms: Robert R. Samuels
Chaplain: Jim Harry *
The Democratic and Republican Party leaders announced the selection of the following leaders for the 2005
General Assembly.
1/26/2005
Page 4 Daily Bulletin Institute of Government
SENATE
Majority Leader: Tony Rand
Democratic Caucus Chair: R.C. Soles
Majority Whip: Jeanne H. Lucas
Republican Leader: Philip E. Berger
Deputy Republican Leader: Tom Apodaca
Joint Republican Caucus Chair: James S. Forrester
HOUSE
Majority Leader: Joe Hackney
Minority Leader: Joe Kiser
Minority Whip: Mitch Gillespie
NEXT SESSIONS
January 27, 2005
HOUSE convenes at 10:00 a.m.
SENATE convenes at 10:00 a.m.
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Daily Bulletin
ACTIONS BY THE NORTH CAROLINA GENERAL ASSEMBLY
Institute of Government—School of Government
The University of North Carolina at Chapel Hill
Legislative Reporting Service. Box 7294 State Legislative Building, Raleigh. NC 27601
Phone [phone] Fax 919.715.i464
House Legislative Day 2 Vol. 2005, No. 2 Senate Legislative Day 2
Thursday, January 27, 2005
BILLS INTRODUCED TODAY
BILL « SHORT TITLE IDEN COMMITTEE GS INDEX
S 2 NO VIOLENT/OBSCENE VIDEO GAME SALES TO COMMERCE 14
MINOR
S 3 AUTHORIZE COMPETENCY REQ./NC BD OF HEALTH CARE 90
NURSING
S 4 ACCESS TO NCGA COMPUTER RULES 147
S 5 STRENGTHENING INTEGRITY OF DRIVERS JUDICIARY II 20
LICENSES
S 6 BAN VIDEO POKER/ALL BUT RESERVATIONS JUDICIARY 1 14.71 A, 105, 147
H 3 LOCAL OPTION EDUCATION LOTTERY RULES 120. 143D. 150B. STUDY
H 4 ABOLISH SECOND PRIMARY ELECTION LAW 115C,163
H 5 EQUAL JUSTICE ACT RULES 15, STUDY
H 6 AMEND LOBBYING LAWS RULES 120, APPROP
H 7 URBAN MOBILITY NEEDS STUDY COMMITTEE RULES STUDY
H 8 COOLEEMEE HISTORIC SITE & INITIATIVE APPROPRIATIONS LOCALAPPROP
FUNDS
SUMMARIES OF
BILLS INTRODUCED TODAY
SENATE BILLS
S 2. NO VIOLENT/OBSCENE VIDEO GAME SALES TO MINOR. TO PROHIBIT THE DISSEMINATION OF
OBSCENE AND GRAPHICALLY VIOLENT VIDEO GAMES TO MINORS AND TO REQUIRE VIDEO GAME
RETAILERS TO INFORM CONSUMERS THAT A VIDEO GAME RATING SYSTEM IS AVAILABLE. Enacts new
GS 14-317.1 and 14-317.2 as title indicates, and makes dissemination of violent and obscene videos a Class 1
misdemeanor. Enacts new GS 14-190.13(7) defining “video games." Effective Dec. 1, 2005
Intro, by Boseman.
Ref. to Commerce GS 14
S 3. AUTHORIZE COMPETENCY REQ./NC BD. OF NURSING. AUTHORIZING THE NORTH CAROLINA
BOARD OF NURSING TO REQUIRE ITS LICENSEES TO SUBMIT EVIDENCE OF CONTINUING
COMPETENCY UPON LICENSE RENEWAL OR REINSTATEMENT. As title indicates.
Intro, by Rand.
Ref. to Health Care GS 90
This publication is printed on permanent, acid-free paper in compliantfe with the North Carolina General Statutes.
Institute of Government—School of Government
The University of North Carolina at Chapel Hill
© 2005
Page 2 Daily Bulletin Institute of Government
S 4. ACCESS TO NCGA COMPUTER. CONCERNING ACCESS TO THE GENERAL ASSEMBLY COMPUTER
SYSTEM. Amends GS 147-64.6(c)18) to provide that the State Auditor's authority to conduct assessments of
computer network penetration does not extend to the General Assembly’s computer system.
Intro, by Rand.
Ref. to Rules GS 147
S 5. STRENGTHENING INTEGRITY OF DRIVERS LICENSES. STRENGTHENING THE INTEGRITY OF THE
DRIVERS UCENSE. IDENTIFICATION CARD. AND LEARNERS PERMIT AS IDENTIFICATION DOCUMENTS.
Deletes provision in GS 20-7(b1) providing that an applicant for a dnvers license, laerttificabon caro. or learners
permit who is ineligible to receive a social security number may provide a valid individual taxpayer identification
number instead. Sec. 2 further requires that effective July 1, 2005. applicants must be United States citizens or
otherwise have legal authorization to be in the country. Makes conforming changes.
Intro, by Jenkins.
Ref. to Judiciary II GS 20
S 6. BAN VIDEO POKER/ALL BUT RESERVATIONS. TO PROHIBIT THE POSSESSION OR OPERATION Or
VIDEO GAMING MACHINES EXCEPT BY A FEDERALLY RECOGNIZED INDIAN TRIBE AS AUTHORIZED BY
THE INDIAN GAMING REGULATORY ACT AND A VALID TRIBAL-STATE COMPACT. Repeals GS 14-306.1,
which bans only certain video poker machines. Enacts new GS 14-306.1 A to ban all video gaming machines in
the State except (1) allows possession and operation of video gaming machines on Indian lands held in trust by
the United States for and on behalf of federally recognized Indian tribes if conducted in accordance with an
approved Class III Tribal-State Gaming Compact applicable to that tnbe, and (2) allows possession for assembly,
repair, manufacture, warehousing, and transport for sale in other states. Amends GS 14-298 to provide for
seizure, retention, and disposition of illegal video game machines and other illegal gaming devices by law
enforcement agencies. Repeals GS 14-309(b) (penalty for operating 5 or more illegal machines) and GS 105-
256(d)(1), (reports by Sec’y of Revenue on video poker). Effective Dec. 1, 2005. If act is ruled by court to prohibit
possession or operation of video gaming machines by federally recognized tnbe because that activity is not
allowed elsewhere, act is void.
Intro, by Albertson.
Ref. to Judiciary I GS 14, 71A, 105, 147
HOUSE BILLS
H 3. LOCAL OPTION EDUCATION LOTTERY. GIVING COUNTIES THE AUTHORITY TO ALLOW THE
OPERATION OF A LOTTERY IN THAT COUNTY. TO PROVIDE FOR STATE REGULATION OF LOCALLY
APPROVED LOTTERY OPERATIONS. AND TO DISTRIBUTE TO EACH COUNTY AND THE CITIES LOCATED
IN THE COUNTY TWENTY-FIVE PERCENT OF THE NET PROCEEDS OF LOTTERY OPERATIONS TO THE
COUNTIES FOR SCHOOL CONSTRUCTION AND TO USE ADDITIONAL FUNDS TO IMPLEMENT AND
ENHANCE EDUCATIONAL PROGRAMS. Enacts new Ch. 143D as title indicates, as follows. Article 1.
Authorizes the voters of each county to vote on the operation of lottery in their county and establishes procedures
for elections to approve and to repeal lottery. Provides that if voters do not approve lottery, question may not be
posed to voters until five years after that election. Requires that Comm’n operate lottery in counties that vote in
favor of lottery upon approval of lottery by 25 counties. Prohibits local governments from regulating or taxing
lottery. Makes selling lottery tickets to person under 18 years old, selling lottery tickets for other than retail price
or without a license, and knowingly giving false information on a retailer permit application a Class 1
misdemeanor and authorizes Sec’y of Crime Control and Public Safety to appoint lottery law enforcements agents
to enforce those provisions. Article 2. Creates five-member State Lottery Comm’n to be appointed by Governor
from five state regions upon lottery approval by at least 25 counties. Requires that Comm’n appoint a Director,
who, along with the Comm’n, will oversee county lottery operations. Delineates additional powers and duties of
Director and authorizes Director to hire additional personnel. Article 3. Requires that Comm’n follow State
purchasing laws and sets forth procedures for major procurements, including a prohibition against awarding a
major procurement to any person convicted of a felony or gambling offense within 10 years of contract, and a
requirement that background checks be conducted on lottery vendors and that performance bonds be posted.
Article 4. Prohibits the operation of certain lotteries including those based on the outcome of a particular sporting
event or that use tickets that include the name or photograph of an elected official. Requires that retail price of
ticket established by Comm’n be no less than 50 cents and that Comm’n try to allocate at least 50% of lottery
revenues for prizes Further establishes guidelines for the method for determining winners and payment of
ft
1/27/2005