February 16, 2001

Other topics below:
Crime and punishment, part 2
Don't tax you, don't tax me
Bill targets Internet doctors
Other bills of interest

Republicans offer their election reform package
Some leading Democrats introduced several election law reform bills last week. See that story. This week it was the Republicans' turn to offer their vision of how North Carolina can avoid the mess Florida got itself into. House Minority Leader Leo Daughtry, Senate Minority Leader Patrick Ballantine and other top Republicans went before the cameras to outline a package of more than a dozen reforms, including making a straight-ticket vote count for the presidential candidate. Sen. Bob Rucho (R-Mecklenburg) will run the legislation and be its main sponsor. His proposal, S. 120 Fair Election Act, would ban butterfly ballots, expand one-stop early voting to primary elections and requires voters to present a photo ID to get a ballot. The bill also requires all legislative districts be single-member ones and requires the State Board of Elections to come up with a plan to implement Internet voting. His bill and other election-reform measures offered this week are summarized below:

S. 120 FAIR ELECTION ACT {Rucho (R-Mecklenburg)}. Amends GS 163-140(b)(1) by deleting the provision that the official ballot for presidential electors may not be combined with any other official ballots. Adds a new subsection to GS 163 providing that regardless of the voting system used, if a ballot allows a voter to vote a straight-party ticket for some items, the ballot item for presidential electors shall be subject to that straight-party vote. Requires that when a voter appears for one-stop or standard voting, the voter must display one the following types of identification: (1) N.C. driver’s license, (2) special identification card issued under GS 20-37.7, (3) passport, (4) identification card issued by the U.S. Department of Defense, or (5) Social Security card and one other type of identification showing the name and a picture of the voter. A voter who does not show the required identification shall be allowed to vote; the ballot shall be sealed in an envelope on which it must be noted that proper identification was not shown. The county board of elections shall determine if the voter is eligible to vote and if so, shall count it the ballot. The State Board of Elections shall promulgate rules providing instructions for county boards of elections in methods of determining the eligibility of persons who apply to vote without presenting identification. Further amends the one-stop voting provisions to provide that the excuse requirements of GS 163- 226(a) do not apply “to one-stop voting” (currently, the excuse requirements do not apply only when the one-stop voting is in a general election). Also provides that one-stop voting may begin not earlier than the first business day after the 18th day before an election (currently one-stop voting may begin not earlier than the first business day after the 25th day before an election). Deletes the requirement that any site for one-stop voting other than the county board of elections office must be in any building or part of a building that the county board of elections is entitled to demand to use as a voting place. Adds provision that by unanimous vote, a county board of elections may propose not to offer one-stop voting at the county board of elections office but rely exclusively on other sites; if so, the State Board of Elections may approve the proposal only if it finds that the other sites provide adequate coverage of the county’s electorate. Amends GS 163-82.19 (voter registration at driver’s license offices) to provide that State Board of Elections rules regarding forwarding of applications by the Department of Transportation to the appropriate board of elections shall provide for a paperless, instant, electronic transfer of applications. Amends GS 163-140.1 (political party alignment on ballots) by deleting the requirement that the political party columns be aligned in strict alphabetical order and instead provides that eligible parties rotate order each three years and that if there are more than two eligible parties, their order shall be determined by lot, with no party being eligible for the left column for three years after it has had that column. Amends GS 163-82.14(d)(2) to provide that the county board shall send a confirmation mailing to every registrant after every congressional election if it has not otherwise confirmed the registrant’s address (currently a confirmation is sent if the registrant has not voted in two successive presidential elections or in any election in between). Amends GS Art. 1 Ch. 120 by adding new subsection providing that an act that revises Senate or House districts shall consist exclusively of single-member districts. Amends GS 120 Art. 1 and GS 163 Art. 17 by adding new subsections providing that an act that revises Senate and House districts or districts for the U.S. House of Representatives shall divide counties only where necessary to achieve single-member districts and to comply with state and federal law in achieving required population equality and avoiding racial discrimination. Amends GS 163-160 to provide that the State Board of Elections may not approve a voting system that has not been approved by the National Association of State Election Directors and that it may not approve a punch-card voting system. Amends GS 163-170 by adding a new subsection providing that the State Board of Elections shall prescribe procedures and standards for counting and recounting votes for each type of voting system that must be followed uniformly throughout the state in all places where that type of voting system is used. Amends GS 163-140(a) to provide that no general election ballot shall be used that requires the voter to punch out a hole with a stylus or other tool. Amends GS 163-140(b)(1) by adding a provision stating that a ballot for presidential electors shall not have two parallel sets of columns with some of the parties in one column and other parties in a second column. Effective Jan. 1, 2002. Referred to Judiciary II.

S. 119 DISTRICT COURT ELECTIONS NONPARTISAN {Dalton (D-Rutherford)}. Provides for nonpartisan election of District Court judges in the same manner as Superior Court judges. If there are two or more vacancies in a district, requires candidates to designate in writing the vacancy for which they are running. Referred to Judiciary II.

S. 121 ELECTIONEERING NEAR POLLS RESTRICTED {Webster (R-Caswell)}. Amends GS 163- 147 to expand the distance that must be maintained between polling places and electioneering activity to 300 feet (was, 50 feet) and adds restriction on exit polling within this expanded protected zone. Applicable to elections conducted on or after Dec. 1, 2001. Referred to Judiciary II.

S. 122 POLLS CLOSE AT 9:00 P.M. {Webster} Amends GS 163-2 as title indicates. Applies to elections conducted on or after Dec. 1, 2001. Referred to Judiciary II.


Crime and punishment, part 2
Legislators always seem to be looking for ways to help law enforcement officers keep our street safe. Bills were introduced last week that would make it a crime to talk on a cell phone while driving, and another measure would require children to wea safety helmets when riding bicycles. See that story. This week the long arm of the law is reaching out to grab radar detectors. Another bill would allow state troopers to begin using camera-equipped radar guns to catch speeders. Other measures were offered limiting application of the death penalty. Those bills are summarized below:

S. 125 RADAR DETECTORS PROHIBITED {Odom (D-Mecklenburg)}. Amends GS Ch. 20 to add a new section making it unlawful to operate a motor vehicle equipped with a radar detector or similar device or to use or sell such devices in NC. Presence of a prohibited device in or on a vehicle is prima facie evidence of a violation and the state need not prove the device was in operative condition or being operated. Provided, however, that there is no violation when the device had no power source and was not readily accessible for use by the driver or a passenger. The section does not apply to radio wave receivers used for lawful purposes to receive signals from a frequency lawfully licensed by any state or federal agency and does not authorize forfeiture of prohibited devices. The section does not apply to motor vehicles owned by the state or any subdivision of it used by law enforcement officers in their official duties or to the sale of such devices to law enforcement agencies for use in their official duties. No drivers license points or insurance surcharge shall be assessed for violation of the section. Effective Dec. 1, 2001. Referred to Judiciary II.

S. 126 PHOTO RADAR PILOT PROGRAMS {Odom}. Authorizes the use of photographic radar images as prima facie evidence of a speed limit violation, as recommended by the joint legislative corrections and crime control oversight committee. Directs Department of Transportation, by Dec. 1, 2001, to implement a pilot program with three interstate locations, to be chosen by the department, at which photographic radar systems would automatically produce images of vehicles violating the speed limit. Amends GS 20-141.6 at the chosen three locations to authorize Department (if on state street or highway) or municipality (if on municipal street) to set standards for photographic radar systems. Requires conspicuous advance warning signs not more than 300 feet from the location of the radar system. Provides civil enforcement by department rules with maximum fine of $50 and no points or insurance points for speeding violations caught on the radar. Provides for defenses and procedure to raise them. Requires report by DOT to General Assembly evaluating pilots no later than Jan 31, 2003. Referred to Judiciary II. 

S. 147 TRAFFIC LAW ENFORCEMENT STATISTICS {Balance (D-Warren)}. Requires the Department of Justice, Division of Criminal Statistics, to collect and analyze race, ethnicity, and other data about traffic stops made by state law enforcement officers. Bill extends data collection and analysis requirements to traffic stops made by local law enforcement officers employed by counties and certain municipalities. Requires division to supply forms necessary for collecting the information and to establish a procedure and schedule for local law enforcement agencies to report. Effective Jan. 1, 2002. Referred to Judiciary II. 

H. 107 MOTORCYCLE SAFETY ACT {Baker (R-Surry)}. Permits operators and passengers over age 21 to ride motorcycles without helmets, so long as the operator has had a motorcycle license or endorsement for more than 12 months. Amends GS 20-87 to change the registration fees for motorcycles to a $14 base fee (was, $9 plus $3 tax) and a $21 fee for motorcycles with equipment for hauling passengers or property (was, $16 plus $3 tax). Directs $5 of fees to be used for the Motorcycle Safety Instruction Program ($3 tax previously went to general revenue). Effective Oct. 1, 2001. Referred to Rules. 

H. 140 RACIAL JUSTICE ACT {Sutton (D-Robeson)}. Adds new Art. 101 to GS Ch. 15A to prevent the imposition of the death penalty in cases where a death sentence was sought or obtained on the basis of race. Permits a pretrial finding that race was the basis for seeking a death penalty if the defendant proves by clear and convincing evidence, statistical or otherwise, that death sentences were sought significantly more frequently in the county, the prosecutorial district, or the state at large for crimes by or against one race. Permits a posttrial finding that race was the basis for seeking a death penalty if court finds that race was a significant factor in exercising peremptory challenges. Effective retroactively. Referred to Judiciary I.

H. 141 NO DEATH PENALTY/MENTALLY RETARDED {Sutton}. Adds new GS 15A-2004, providing that no defendant who is mentally retarded shall be sentenced to death. To qualify as mentally retarded, a defendant must have an IQ of 70 or below existing concurrently with impairment in adaptive functioning and manifesting before the age of 18. Requires court to determine before trial whether defendant is mentally retarded and to declare the case noncapital if defendant is so found. Referred to Judiciary I.


Don't tax you, don't tax me, tax that fellow behind that tree
For years local governments have complained that the General Assembly has tied their hands by denying them the authority to levy any taxes other than those that Raleigh allows. Often this prompts a sympathetic legislator to offer what are called menu bills -- ones that allow city or county governments to choose from several approved tax measures the ones that work best in their area. One of those has now been filed, and it is summarized below:

H. 99 LOCAL TAX MENU WITH VOTER APPROVAL {Michaux (D-Durham)} Authorizes counties and cities to levy a menu of local option taxes if approved by the voters. Adds six new local taxes to GS Ch. 105: (1) second one-cent local government sales and use tax, (2) local government impact tax (per square foot tax on new buildings) (3) local government meals tax on prepared food and drink, (4) local government occupancy tax (tax on commercial lodging receipts), (5) local government income tax, and (6) local government land transfer tax. Authorizes local referendum for each; a majority of the voters must approve the tax, up to a rate stated in the referendum, before a local government may implement it. Both cities and counties are authorized to implement each tax. Does not repeal local governments authority to exercise a particular taxing power by local act, but use of this new law removes that government’s authority to act under the local act. Intro. Referred to Rules.

H. 111 GOVERNMENT SALES TAX EXEMPTION {Allen (D-Granville)}. Amends GS 104-164.14(c) to permit sales tax refund to the community colleges, effective July 1, 2002. Amends GS 105-164.13 (exemptions from sales tax) to permit local governments to be exempt from sales tax. Exemption does not apply to receipts from sale of electricity, local telecommunications services, toll telecommunications services, or private telecommunications services. Exemption is effective July 1, 2002, for local school administrative units and community colleges. Effective July 1, 2003, for counties and July 1, 2004, for cities. Referred to Finance.

S. 117 CUMBERLAND LOCAL SALES TAX {Rand (D-Cumberland)}. Authorizes Cumberland County to levy a one-cent local sales and use tax for public schools. Authorizes Cumberland County commissioners to levy additional one cent tax by resolution, after public hearing. Referred to Finance.

S 140. CHARITABLE CONTRIBUTIONS REPORTED {Rand}. Requires persons to report to the Secretary of State charitable contributions solicited or accepted for named individuals and to appropriate funds for the public information program. Amends GS 131F-31 (contributions solicited for, or accepted by or on behalf of, a named individual) to require that before a trustee may disburse funds from a trust account, the trustee must make a written record stating the total contributions received, their sources and the amount from each source and verifying the purpose for which the funds will be used (currently the trustee need only verify the purpose for which the funds will be used). Effective July 1, 2001. Referred to Judiciary I.

S. 144 STREAMLINED SALES/USE TAX AGREEMENT {Kerr (D-Wayne)}. Authorizes the Secretary of Revenue to enter into the Streamlined Sales and Use Tax Agreement with other states to simplify and modernize sales and use tax administration. Provides that a seller who uses an automated system certified by the secretary to perform sales tax administration functions is liable for taxes due on its transactions except for underpayments due to errors in the system; a person who provides such a system is liable for underpayments attributable to errors in the system. Provides that when a seller contracts with a service provider certified by the secretary to collect and remit taxes, the service provider is liable for taxes due on all transactions it processes unless the seller engaged in misrepresentation or fraud, in which case the seller is liable. Absent misrepresentation or fraud, a seller is not subject to audit on transactions processed by the service provider but is subject to audit on other transactions; certified service providers are subject to audit. Provides that the secretary may establish a performance standard for a seller engaged in business in N.C. and at least 10 other states and has developed a proprietary system for determining the amount of taxes due. A seller that enters into an agreement with the secretary establishing a performance standard for that system is liable for its failure to meet the standard. Referred to Finance.  

More health care measures offered
State law allows medical doctors to be directly reimbursed by patients' insurance companies, but that privilege doesn't allow to many other health care providers. They have long sought the same treatment, often over the objections of the insurance industry. One of those bills was filed this week to extend direct-reimbursement to marriage and family therapists. Another bill aims to clamp down on people who offer medical advice over the Internet. Those bills are summarized below:

S. 115 REIMBURSEMENT FOR MARRIAGE/FAMILY THERAPISTS {Martin (D-Guilford)} . Authorizes reimbursement for licensed marriage and family therapists under the state health plan for the treatment of mental health and chemical dependency. Amends GS 135-40.7B as title indicates. Effective Oct. 1, 2001. =H. 109.  Referred to Appropriations. 

S. 118 MEDICAL TREATMENT BY INTERNET/TOLL-FREE NUMBER {Forrester (D-Gaston)} Authorizes the North Carolina Medical Board to require any person treating a patient by use of the Internet or a toll-free telephone number to obtain a license in this state. Does not apply to out-of-state physicians who are contacted by a regular patient while the patient is temporarily in North Carolina. Referred to Health Care.

S. 168 HMO CEASE AND DESIST {Wellons (D-Johnston)}. Amends GS 58-67-165 to clarify that cease and desist orders may be issued against HMOs for violating any provision of GS Ch. 58 that is applicable to HMOs, not just the provisions of GS Ch. 58, Art. 67. Makes additional clarifying and technical changes. Referred to Insurance.
 
Other bills of interest

S. 123 SPECIAL OBLIGATION BONDS FOR WATER/SEWER {Carpenter (R-Buncombe)}. Authorizes local governments to issue special obligation bonds for water and sewer projects. Changes title of GS Ch. 159I to Solid Waste Management Loan Program and Local Government Special Obligation Bonds (currently, North Carolina Solid Waste Management Loan Program). Referred to Finance.

H. 90 GENERAL ASSEMBLY COMPENSATION TIED TO STATE EMPLOYEES' COLA.{Owens (D-Pasquotank)}. Sets procedure for calculating automatic increase in General Assembly compensation by directing the Legislative Services Officer to calculate it based on average increases of state employees. Effective with the 2003 regular session of the General Assembly. Referred to Rules.   

H. 94 QUALITY ASSURANCE PROGRAM {Owens}  Set up a customer service quality assurance program within the State Auditor's office, so as to ensure that persons receive quality services from state agencies. Authorizes State Auditor’s office to act as consumer of services in carrying out quality assurance activities. Requires quarterly reports to Joint Legislative Commission on Governmental Operations. Referred to Rules. 

H. 142 AMEND MARRIAGE STATUTES {Sutton}. Rewrites several sections of GS chap. 51 to: (1) broaden modes of solemnization allowed to include those of any religious denomination, Indian Nation or Tribe; (2) allow either parent to give consent for persons over age 16 and under 18, regardless of which parent has custody; (3) allow either parent to give consent for persons age 14 or 15 who are either pregnant or the putative father of a child; (4) require a district or family court to find that persons less than age 14 who are either pregnant or the putative father of a child are capable of assuming the responsibilities of marriage and that marriage serves their interests for some reason other than the pregnancy; (5) require applicants for marriage licenses to be able to answer questions from the register of deeds regarding age, marital status, and intention to marry; (6) set out the form of affidavit for issuing a marriage license when an applicant is unable to appear in person at the register of deeds; (7) expand the geographic scope of the marriage license to encompass the state (was, the county); (8) expand the list of races that can be listed on marriage license to conform to Census categories; and (9) allow correction by the register of deeds of any incorrect information on an application for marriage license or a license itself. Referred to Judiciary I.

H. 143 WETLANDS REIMBURSEMENT/LOCAL TAX BASE {Tucker (D-Duplin)}. Requires payments in lieu of taxes to counties in enterprise tiers one and two when land is acquired: (1) by a unit of local government through condemnation or purchase for the purpose of wetlands mitigation, unless the unit of government is a city and the land is within the corporate limits of the city or within the county where the city is located; (2) by a state agency for the purpose of restoring, enhancing, preserving or creating wetlands under the North Carolina Wetlands Restoration Program or when the acquisition is by purchase for mitigation as required by section 404 of the Federal Water Pollution Control Act, unless the land purchased is in the same county as the wetlands permitted to be lost; or (3) by a state agency from a private wetlands mitigation bank. Sets the amount of payments in lieu at the estimated amount of ad valorem taxes that would have accrued to the county for the next ten years, based on the total assessed value of the acquired land multiplied by the most recent tax rate prior to acquisition. Authorizes use of funds from the Wetlands Restoration Fund for payments in lieu of taxes when the Dep’t of Environment and Natural Resources is the state agency acquiring land for wetlands protection. Authorizes county and state agency to agree to waive payments in lieu of taxes. Referred to State Government.

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