HB0343 - Raise Minimum Wage. Raises state minimum wage to $5.15 per hour effective 10/1/97. Rep Adams. To House Commerce.
HB0350 - Genetic Info/No Discrimination. Prohibits discrimination in health insurance and employment based on genetic information. Identical to SB 254. Rep Dickson. To House Insurance.
HB0414 - Unempl. Benefits/Severance Pay.. For purposes of unemployment benefits, amends definition of total and partial unemployment to specify that an individual is considered unemployed as to receipt of severance pay for any week the individual is registered at or attending any institution of higher education, secondary school, or Employment Security Commission approved vocational, educational or training program. Applies to new initial claims filed on or after 9/1/97. Rep Berry. R CH. SL 97- 0120.
HB0424 - OSHA Witness Statements. Provides that identity of witnesses and complainants may not be released or ordered to be released by the Review Board or by any court during or after proceedings under OSHA unless needed by the Commissioner to enforce OSHA. Provides that Commissioner may be compelled to produce any statement of a witness called by the Commissioner at an enforcement hearing. Identical to SB 791. Rep Goodwin. To House Commerce.
HB0434 - Federal Health Insurance Changes. Conforms North Carolina's health insurance laws to recently enacted federal laws concerning health insurance underwriting and portability, maternity coverage, and coverage for mental illness. Rep Dockham. R CH. SL 97-0259.
HB0447 - Workers Comp. Tech. Assist/Funds. Provides technical assistance to employers with high workers' compensation rate modifiers (1.5 or more) from the Division of Occupational Safety and Health. Appropriates $1.3 million from 1997- 98 General Fund for technical assistance to reduce injuries and illnesses in workplaces. Identical to SB 652. Rep Carpenter. To House Commerce.
HB0450 - Unemployment Ins. Tax Change. Modifies the calculation and collection of unemployment insurance taxes. Increases the interest on unpaid contributions from 0.5% to 1.5% per month. Provides that the 5 year statute of limitations on enforced collection of unpaid contributions is suspended in the case of a willful attempt to defeat or evade payment. Provides that an employer's account has been chargeable with benefits for at least 12 calendar months if the employer has reported wages paid in 4 calendar quarters. Deletes provision stating that the first date on which an account is chargeable with benefits is the first date with respect to which a benefit year can be established, based in whole or in part on wages paid by that employer. Rep Redwine. To House Commerce.
HB0451 - ESC Benefits Changes. Specifies eligibility for unemployment benefits in the event of spousal abuse or a spousal relocation. Provides that if a claimant leaves work and has been adjudged an aggrieved party of domestic violence, the claimant shall have good cause for leaving work and benefits paid shall be noncharged. Provides that a claimant who leaves work to accompany his or her legally recognized spouse to a new place of residence shall have good cause for leaving work and benefits paid shall be noncharged. Requires that when a person files a new claim for unemployment compensation, the claimant must disclose food stamp overissuances. Unemployment compensation will be withheld accordingly. To be eligible, ESC must find that unemployed person has registered for work at and has reported to employment office at regular intervals. Rep Redwine. H Re-Ref Com on Finance.
HB0453 - Redefine Unempl. Base Period. Eliminates the one and one-half times test. Permits claimant who lacks sufficient base period wages to establish valid claim to substitute alternative base period consisting of last 4 completed calendar quarters and allows individual to submit as proof of valid claim that wages were received in last 2 quarters of base period. Applies to new initial claims filed on or after 9/1/97. Rep Redwine. To House Commerce.
HB0522 - State Fire And Rescue Commission. Amends the membership of the State Fire and Rescue Commission to add one member appointed by the Commissioner of Insurance from nominations submitted by the Professional Firefighters of N.C. Association. Identical to SB 420. Rep Buchanan. R CH. SL 97-0116.
HB0538 - Truthful Employment References. Grants employers absolute immunity from civil liability for providing information about an employee to a prospective employer, including opinions as to job performance, reason for separation, and suitability for employment. Immunity does not apply to intentional disclosure of false information. A person or entity who knowingly misrepresents its status as a prospective employer is liable for damages actually suffered due to the misrepresentation. Adds "job placement service" to definition of employer. Rep Neely. S Ref to Com on Rules&.
HB0539 - Collateral Source Evidence. Adds new rule to the Evidence Code requiring courts to allow into evidence proof of collateral source payments in property damage, personal injury, and wrongful death actions. Collateral source payments are defined to include payments made pursuant to federal, state or local income disability or worker's compensation act; insurance providing health or income disability coverage (excluding life insurance, social security or pension payments); agreement of an organization to pay for or reimburse medical services costs; or a contractual or voluntary wage continuation plan or any system intended to provide substitute wages during a period of disability. Rep Neely. H Re-Ref to Com on Judic 1.
HB0541 - Improve HMO Services. Protects physician communications regarding treatment, requires coverage for emergency care, provides peer review protection, and allows the use of rates upon filing. Conforms state law to the federal requirements regarding the renewability of health insurance policies. Rep Dockham. To House Insurance.
HB0616 - Standardize Law Enf. Discipline. Provides that no law enforcement officer employed by any state agency, municipality or political subdivision may be discharged, suspended, or demoted for disciplinary reasons except for just cause. Directs each agency or subdivision to establish procedures for providing due process in proceedings involving discharge, suspension, demotion or transfer for punitive reasons. Procedures must include at a minimum the right to a hearing before an impartial board or hearing officer, the right to be represented by a lawyer, the right to examine witnesses testifying against the officer, the right to call witnesses and present evidence, and the right to have meetings recorded. Existing civil service,civilian complaint board, agency review board or similiar commissions meeting these requirements are sufficient. Provides that an officer may be immediately suspended with pay if the employing agency considers the officer's continued presence on the job to be a substantial and immediate threat to the welfare of the agency or public, and that an officer may be suspended for refusing to obey a direct order issued in conformance with the employing agency's written and disseminated rules and regulations. In such a case, the officer may have the hearing after the suspension. Effective 10/1/97. Identical to SB 540. Rep Sherrill. To House Judiciary 1.
HB0803 - Health Insur./Risk Pool. Establishes health insurance pool to make health insurance coverage available to state residents who are unable to secure insurance because of health conditions. Requires every insurer, as condition of doing business in the state, to participate as a member of the pool. Board of directors administering pool may assess member insurers up to $1 per covered person insured or reinsured per month, excluding policies or contracts insuring federal or state employees. Any person whose health insurance is terminated involuntarily for reason other than nonpayment of premium may apply for coverage. Coverage also available if person has received notice of insurer's refusal to issue similiar insurance for health reasons, insurer's refusal to issue except at rate exceeding that offered by the pool, insurer has refused to issue except with material underwriting restricition, or person has specified medical or health condition. Rep Gardner. To House Insurance.
HB0813 - Reconstructive Surgery/Coverage. Requires health and accident insurance policies, hospital or medical service plans, HMO plans and the Teachers' and State Employees Comprehensive Medical Plans to provide for coverage of reconstructive breast surgery resulting from mastectomy. Rep Alexander. H Re-Ref Com on Approp.
HB0871 - Wage & Hour Act Amendments. Raises the state minimum wage to reflect federal minimum wage as it may change from time to time, permits employers subject to the state minimum wage to take the same tip credit as federally covered employers, and exempts computer professionals from minimum wage and overtime provisions. Rep Berry. R Ch. SL. 97-0146.
HB0891 - Workers Compensation Medical Care. Allows an employer and its representatives to contact an employee's treating physician as necessary to exercise the employer's right to direct medical treatment and to obtain information regarding medical treatment. Requires prompt notification of employee, or employee's attorney, of the substance of such conversations. Directs Industrial Commission to adopt rules protecting employee's right to confidential physician- patient relationship while facilitating release of information necessary to administer the employee's claim. Rep Mitchell. S Ref to Com on Judic.
HB0915 - Firefighters/No Conflict. Provides that firefighters who engage in some fire inspection activities as a secondary responsibility are not covered by the law prohibiting conflicts of interest by inspection departments (G.S. 160A -415). Rep Mercer. S Ref to Com on Judic.
HB0926 - Preferred Provider Contracts. Provides that rules applicable to preferred provider plans shall be designed to provide for product limitations similar in substance to rules governing HMO point of service products. Provides that the Department of Insurance's rules applicable to corporations offering preferred provider plans, policies, or contracts shall be designed to provide for financial solvency, and product limitations. Rep Brawley. S Ref to Com on Pensions.
HB1005 - Workers' Comp/Physician Selection. Allows injured employees subject to the Workers' Compensation Act to select or change treating physicians one time without the need to get the approval of the Industrial Commission. Identical to SB 498. Rep Davis. To House Commerce.
HB1020 - Insurance Settlements. Changes the procedures for settlement of personal automobile and commercial liability insurance claims. Provides that every policy of motor vehicle liability insurance subject to this Article shall provide that there shall be no facility recoupment surcharge under G.S. 58-37-40(f) or Safe Driver Incentive Plan surcharges under G.S. 58-36-65 if: (1) a motor vehicle liability insurer settles a motor vehicle accident claim against its insured; (2) the insured denies that the insured was at fault in the accident; and (3) the insured is not convicted of a moving traffic violation in connection with the accident. Adds a new section to G.S. 58-41-60 to provide that every policy of liability insurance subject to Article 41 shall provide that there shall be no settlement by an insurer of a claim against its insured for more than twice the amount of the policy deductible or retention amount for which the insured is obligated to pay without the insurer first obtaining the written consent of the insured. Act becomes effective October 1, 1997, and applies to policies issued or renewed on and after that date. Rep Hardy. To House Insurance.
HB1164 - OSHA Ergonomic Standards Funds. Appropriates $250,000 for 1997-98 to fund the adoption of an OSHA standard by the Department of Labor to minimize repetitive motion injuries. Rep Luebke. To House Appropriations.
SB0118 - Accident Preven. Course Reduction. Allows reduction in liability and physical damage insurance premium rates for insureds 55 and older who successfully complete approved motor vehicle accident prevention courses. Applies only to nonfleet private passenger motor vehicle insurance policies issued or renewed on and after 1/1/98. Sen Perdue. S Re-Ref Com on Approp.
SB0254 - Genetic Info/No Discrimination. Prohibits discrimination in health insurance and employment based on genetic information. Prohibits insurers from raising premium or contribution rates for a group plan on the basis of genetic information obtained about a member of the group and from refusing to issue or deliver a health benefit plan or charging higher premium rates because of genetic information about any person to be insured by the plan. Prohibits persons, corporations, state agencies, units of local government, and any other public or private entity from denying employment on the basis of genetic information about an individual or a family member or on the basis of the person's request for genetic testing or counseling. Effective 7/1/97. Sen Odom. S Pres. to Gov. 7-23.
SB0264 - Liability For Job References. Provides that employer who discloses information about current or former employee's job history or job performance (including suitability for reemployment and future employment and reason for separation) to a prospective employer is presumed to be acting in good faith and is not liable for civil damages for disclosure or as consequence of disclosure. "Employer" includes job placement services. Presumption may be rebutted by proof that information disclosed was false and person providing it knew of its falsity or acted with malice or reckless disregard for truth. Does not affect any privileges or immunities from civil liability established by other statutes or available at common law. Effective October 1, 1997. Sen Horton. S Re-Ref Com on Judic.
SB0382 - Redefine Unempl. Base Period-2. Eliminates the one and one-half times test. Permits claimant who lacks sufficient base period wages to establish valid claim to substitute alternative base period consisting of last 4 completed calendar quarters and allows individual to submit as proof of valid claim that wages were received in last 2 quarters of base period. Applies to new initial claims filed on or after 9/1/97. Sunsets 9/1/2001. Sen Winner. H Cal Pursuant Rule 36(A).
SB0420 - State Fire And Rescue Commission. Amends the membership of the State Fire and Rescue Commission to add one member appointed by the Commissioner of Insurance from nominations submitted by the Professional Firefighters of N.C. Assocation. Identical to HB 522. Sen W. Martin. To Senate Pensions.
SB0498 - Workers' Comp/Physician Selection. Allows injured employees to select or change treating physicians one time without the need to get approval from the Industrial Commission. Identical to HB 1005. Sen Odom. To Senate Judiciary.
SB0515 - Prelitigation Ins. Info./Mediation. Provides that if an insurance company receives a request from a person who claims to have been injured or to have incurred property damage covered by a policy for information as to policy provisions or limits, the company must notify the person that it is required to provide the information prior to litigation only if the person agrees to mediation of the claim. If the person gives written consent to mediation, the company must provide the information within 30 days. Costs of mediation are paid by the insurer. Sen Dalton. H Ref to Com on Ins.
SB0527 - Increase State Minimum Wage. Increases the state minimum wage from $4.25 to $7.50 per hour. Sen Jordan. To Senate Commerce.
SB0540 - Standardize Law Enf. Discipline. Provides that no law enforcement officer employed by any state agency, municipality or political subdivision may be discharged, suspended, or demoted for disciplinary reasons except for just cause. Directs each agency or subdivision to establish procedures for providing due process in proceedings involving discharge, suspension, demotion or transfer for punitive reasons. Procedures must include at a minimum the right to a hearing before an impartial board or hearing officer, the right to be represented by a lawyer, the right to examine witnesses testifying against the officer, the right to call witnesses and present evidence, and the right to have meetings recorded. Existing civil service, civilian complaint board, agency review board or similiar commissions meeting these requirements are sufficient. Provides that an officer may be immediately suspended with pay if the employing agency considers that officer's continued presence on the job to be a substantial and immediate threat to the welfare of the agency or public, and that an officer may be suspended for refusing to obey a direct order issued in conformance with the employing agency's written and disseminated rules and regulations. In such a case, the officer may have the hearing after the suspension. Effective 10/1/97. Identical to HB 616. Sen Miller. To Senate Judiciary.
SB0611 - Insurance Fronting. Revises the licensing laws administered by the Department of Insurance, including the laws relating to the payment of civil money penalties, hearing procedures, notices of address changes and criminal convictions, applications for learners permits, extensions of time for continuing education requirements, the bases upon which licenses may be denied, revoked, or suspended, the number of continuing education hours required for bail bondsmen and runners, and the bond requirement for viatical settlement providers. Sets standards, adding new Part 4 to Article 10 of Chapter 58, for reinsurance transactions in which an insurer delegates underwriting or claim settlement authority to an unauthorized reinsurer. Senate amendment deletes proposed G.S. 58-10- 85(b) (regarding approval of delegation of underwriting or claim settlement authority to an unauthorized reinsurer) and civil penalty provision. Sen Miller. H Ref to Com on Rules.
SB0612 - Insurer Financial Operations. Makes substantive changes in the laws governing the financial operations of insurance companies and the role of the Department of Insurance in monitoring the solvency of insurance companies. Adds new procedure for issuing license to a domestic insurance company, requiring SBI criminal history check. Insurance Commissioner can refuse to approve company on one or more specified conditions, including: untrue material statements regarding background, violation of insurance laws, fraudulent insurance practices, or fraud in obtaining any license. Senate amendment allows service corporations to invest in mortgage loans subject to enumerated restrictions. Sen Miller. H Ref to Com on Rules.
SB0613 - Insurance Company Audits And Exams. Amends provisions in the insurance laws dealing with examinations of insurance companies and audits of their financial statements. Incorporates by reference the NAIC model rule requiring annual audited financial statements. Installs five year exams (currently three years). Allows Department of Insurance to contract to hire other professionals to carry out purposes of the act. Senate amendment provides that the limit that may be charged to an insurer for the services of professionals brought in by the Commissioner of Insurance during a regular examination is $50,000 (was $100,000), but there is no limit on the amount when the professionals are brought in during an examination requested by an insurer and not initiated by the Commissioner. Effective 10/1/97 and applies to audits and exams conducted on or after that date. Sen Miller. H Ref to Com on Rules.
SB0614 - Insurance Licensing Amendments. Revises the licensing laws administered by the Department of Insurance, including the laws relating to the payment of civil money penalties, hearing procedures, notices of address changes and criminal convictions, applications for lerner's permits, extensions of time for continuing education requirements, the bases upon which licenses may be denied, revoked, or suspended, the number of continuing education hours required for bail bondsmen and runners, and the bond requirement for viatical settlement providers. Allows out of state adjuster licensee to act as an adjuster in N.C. for up to 30 days while doing "emergency insurance adjustment work" (effective September 1, 1997). Removes Commissioner's power to require a bond as part of approval of a viatical settlement. Effective when the act becomes law. Sen Miller. H Ref to Com on Rules.
SB0652 - Workers' Comp. Tech. Assist. Funds. Provides technical assistance to employers with high workers' compensation rate modifiers (1.5 or more) from the Division of Occupational Safety and Health. Appropriates $1.3 million from 1997- 98 General Fund for technical assistance to reduce injuries and illnesses in workplaces. Identical to HB 447. Sen R. Martin. To Senate Appropriations.
SB0658 - Workers Compensation Fraud. Conforms the penalty for worker's compensation fraud to the penalty for insurance fraud and raises the penalty for coercing settlement of a claim from a class 1 misdemeanor to a class H felony. Applies to offenses occurring on or after October 1, 1997. Sen Kerr. To Senate Judiciary.
SB0714 - Reconstructive Surgery/Coverage-2. Requires health and accident insurance policies, preferred provider contracts, HMO plans and the Teachers' and State Employees Comprehensive Medical Plans to provide for coverage of reconstructive breast surgery resulting from mastectomy. Sen Forrester. R. CH. SL. 97-0312.
SB0716 - Unempl. Benefits/Severance Pay. For purposes of unemployment benefits, amends definition of total and partial unemployment to specify that an individual is not considered unemployed as to receipt of severance pay for any week the individual is registered at or attending any institution of higher education, secondary school, or Employment Security Commission approved vocational, educational, or training program. Applies to new initial claims filed on or after 9/1/97. Sen Perdue. To Senate Judiciary.
SB0740 - Garnishment To Satisfy Judgments. Authorizes the garnishment of wages as an additional means of satisfying judgments in civil actions and authorizes collection agencies to take an assignment of claims as real parties in interest for the purpose of billing, collection and bringing suits. Provides that attachments shall be satisfied in following order: attachment for child support, attachment by a governmental entity, attachment by other entities. Prohibits employer from discharging an employee whose wages are being garnished. Applies to wages paid by a city, county, state or local government authority in the same manner as wages of a private person. Sen Rand. S Re-Ref Com on Rules.
SB0764 - Workers Compensation Medical Care. Allows an employer paying medical compensation to a provider rendering treatment to obtain records of the treatment without the express authorization of the employee. Directs the Industrial Commission to adopt rules to govern additional methods of oral and written communications between an employer and medical care providers. Sen Kerr. R CH. SL. 97-0308.
SB0791 - OSHA Witness Statements. Permits Review Board or court, upon motion of respondent and determination by Commissioner that witness will be called to testify at hearing, to order production of witness statement at least 5 days before OSHA hearing. Sen Ballance. H Ref to Com on Comm.
SB0797 - Health & Life Insurance Amendments. Makes various substantive amendments to laws relating to small employer group health insurance, group health insurance continuation, medicare supplement insurance, group life insurance policies, life insurance sales, and unfair trade practices. Amends definition of "self-employed individual" in G.S. 58-50-110(21a). Sen Miller. H Ref to Com on Rules.
SB0843 - Insurance Technical Changes. Extends the expiration of the 1986 risk sharing plan law (G.S. 58-42- 55) to July 1, 1999. Repeals obsolete laws and makes technical and clarifying amendments and corrections. Sen Jenkins. H Ref to Com on Ins.
SB0932 - HMO Operations. Defines "health benefit plan" to include accident and health insurance policy or certificate, nonprofit hospital or medical service corporation contract, HMO subscriber contract, or plan provided by a multiple employer welfare arrangement. Requires each insurer to annually file information as to availability and accessability of its provider networks, a report of grievances for the previous calendar year, a summary of its utilization review program activities, the number of participants and groups who terminated coverage under the plan in the previous calendar year, the number of changes in the provider network, and the types of provider compensation utilized. Requires HMOs to provide cost, use of service, prevention, outcomes and other group-specific data beginning with the 1998 calendar year. Sen Perdue. H Ref to Com on Rules.
SB0933 - Health Ins/Coverage & Netwks. Defines "health benefit plan" to include accident and health insurance policy or certificate, nonprofit hospital or medical service corporation contract, HMO subscriber contract, or plan provided by a multiple employer welfare arrangement. As to these plans, establishes standards for coverage of medical necessities, coverage determinations, services outside provider networks, nondiscrimination against high-risk populations, and coverage for emergency services. Effective January 1, 1998. Sen Per. H Ref to Com on Rules.
SB0934 - Preferred Provider Amendments. Rewrites and modernizes the laws on preferred health care providers, preferred provider organizations, and preferred provider benefit plans. Prescribes procedure by which health care providers may submit proposals to an insurer to participate in a preferred provider plan. Provides that it is an unfair trade practice for any insurer or service corporation subject to Chapter 58 to make an intentional misrepresentation to a health care provider that the insurer or service corporation is entitled to a certain preferred provider of other discounts of the fees charged for medical services, procedures, or supplies provided by the health care provider, when the insurer or service corporation is not entitled to any discount or is entitled to a lesser discount from the provider on those fees. Further provides that it is an unfair trade practice for any person with knowledge that an insurer or service corporation intends to make that type of misrepresentation to provide substantial assistance to that insurer or service corporation in accomplishing that misrepresentation. Sen Perdue. H Ref to Com on Rules.
SB0935 - Managed Care/Utiliz. & Grievance. Establishes procedures and rights for managed care plan members in utilization review decisions and grievances against managed care organizations. Sen Perdue. H Ref to Com on Rules.
SB0936 - Vet Employment Assistance Priority. Requires all covered service providers to establish procedures to provide veterans with priority, not inconsistent with existing federal or state law, to participate in employment and job training assistance programs. Covered providers include: any state agency, department, or institution, any county, city, or other political subdivision, any board or commission, or any other public or private recipient that receives federal job training funds provided to the state or job training funds appropriated by the General Assembly and provides employment or job training assistance programs and services. Provides that the North Carolina Commission on Workforce Preparedness shall issue implementing directives. Sen Warren. R CH. SL 97-0171.
SB0949 - OSHA Ergonomic Standards Funds. Appropriates $250,000 for 1997-98 to fund the adoption of an OSHA standard by the Department of Labor to minimize repetitive motion injuries. Sen Gulley. To Senate Appropriations.
SB0965 - Insurance Department Fees. Repeals policy form filing fees and health maintenance organization annual report fees. Adds $100 per day late charge for untimely filing of financial statements and $100 filing fee for third-party administrator license applications. Increases certain renewal fees collected by the Department of Insurance. Sen Miller. To Senate Finance.
SB0973 - Health Plan Information. Requires health benefit plans to file annually in the office of the Commissioner of Insurance the following information: (1) The number of and reasons for complaints received; (2) the number of enrollees who disenrolled for any reason; (3) the number of provider contracts that were terminated in the preceding year and the reasons; (4) utilization data; and (5) aggregate financial compensation data. Requires that the following be provided to enrollees and prospective enrollees, upon request: (1) the evidence of coverage required under G.S. 58-67-50; (2) the utilization review criteria or treatment protocol used to determine the medical necessity of a specific procedure or treatment; (3) the drug formulary; and (4) the determination of whether a specified procedure, test, or treatment is experimental. Effective October 1, 1997. Sen Winner. H Ref to Com on Rules.
SB0975 - Workers' Comp Self-Insurance. Rewrites the laws concerning employer group workers' compensation self - insurance, codifies related administrative rules, and provides for guidelines for persons and entities that administer or service workers' compensation business or self-insured employers and employer groups. Provides for licensing and regulation of such groups. To be licensed, group must be two or more employers who are members of and sponsored by a single bona fide trade or professional association. Establishes financial reporting, surplus, deposit, excess insurance and reinsurance, and premium rate requirements for such groups. Establishes qualifications and record-keeping requirements for single self insurers, service companies, and third party administrators of self insurers. Effective 12/1/97. Sen Kincaid. H Pres to Gov 7-29.
SB0986 - Workforce Development Consolidation. Blank bill. Sen R. Martin. To Senate Commerce.
SB0988 - OSHA Ergonomic Standards Funds. Appropriates $250,000 for 1997-98 to fund the adoption of an OSHA standard by the Department of Labor to minimize repetitive motion injuries. Sen Ballance. To Senate Appropriations.
SB1029 - Insolvent Insurer Revenue Bonds. Provides revenue bond funding for the payment of natural disaster claims under policies of insolvent insurers. Makes legislative finding that if a natural disaster causes, in whole or in part, an insolvency resulting in covered claims in excess of the capacity of the North Carolina Insurance Guaranty Association to pay from the assessments under G.S. 58-48-35(a)(3), it is proper to authorize the state to issue bonds to expedite the handling and payment of covered claims against insolvent insurers operating in this state and to otherwise provide relief to claimants and policy holders having covered claims against insolvent insurers operating in this state, by expediting the handling and payment of covered claims. Provides that the state may issue bonds in an amount not to exceed the ability of the Association to repay the bond indebtedness from assessments assessed pursuant to G.S. 58-48-35(a)(3) and G.S. 58-48-35(c) to fund with the proceeds of the bonds a loan to the Association in accordance with the provisions of the bond documents under which the bonds are issued. The Association shall expend the loan funds for the purpose of paying to claimants or policyholders covered claims arising through an insolvency that results in whole or in part from a natural disaster. Any bonds issued by the state may all be payable from and secured by moneys received by or on behalf of the state from assessments levied under G.S. 58-48-35(c), and assigned and pledged under G.S. 58-48-35(c), to or on behalf of the state for the benefit of the holders of the bonds. The funds, credit, property, and taxing power of the state shall not be pledged for the payment of the bonds. Sen Miller. S Re- Ref Com on Finance.
SB1036 - Insurance Guaranty Assoc Amendments. Amends the Insurance Guaranty Association Act to control losses incurred by the North Carolina Insurance Guaranty Association. Provides that the Association's obligation shall not extend beyond $600,000 per covered claim combined with the loss adjustment expenses allocated to that claim. Specifies that a "covered claim" shall not include any first-party claim by an insured whose net worth exceeds $50 million as of December 31 of the year next preceding the date the insurer becomes an insolvent insurer, provided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries as calculated on a consolidated basis. Applies to insurer insolvencies occurring on or after 10/1/97. Sen Kerr. To Senate Pensions.
HB0093 - ETJ Changes. Requires that at least two ETJ representatives must be appointed to serve on a municipality's planning agency and board of adjustment. Rep Ellis. House Cal Pursuant Rule 36(A).
HB0944 - Zoning/Siting Swine Farms. Authorizes counties to zone swine operations subject to permitting. Provides that zoning and local board of health regulations of swine operations are not a compensable taking of property. Amends Swine Farm Siting Act to require publication of notice of proposed swine farm construction once a week for three weeks. As to new or expanded operations, increases setback of swine houses and lagoons from occupied residences to 2,500 feet. Validates county zoning regulations adopted prior to the effective date of the act. Rep H. Hunter. To House Rules.
HB1059 - CAMA/Urban Waterfront Redevelop.. Allows Coastal Resources Commission to grant permits for nonwater dependent development of waterfront property that would otherwise be prohibited, provided the land is located in a municipality, the land has a history of urban-level development, the development is sponsored by the local jurisdiction to increase public access to waters, the development has been determined by the municipality not to have significant adverse environmental impacts, and it is consistent with a local urban waterfront development plan, public access plans, and other applicable local authority. Rep Wright. R. CH. SL. 97-0337.
SB0875 - Revise Records Laws-2. Requires board of commissioners of each county to designate one or more persons experienced in mapping or land records management as a Review Officer to review each map and plat required to be submitted for review before the map or plat is presented to the register of deeds for recording. Review Officer shall review and certify the map or plat if it complies with all statutory requirements for recording. Register of deeds may not accept for recording unless certification is so affixed. Revises G.S. 160A-373 to specify that no subdivision plat of land within the city's jurisdiction shall be filed or recorded unless it is approved by the council or appropriate agency designated by the ordinance and the approval is entered on the plat in writing by an authorized representative of the city. Prohibits Review Officer from certifying subdivision plat located in city's jurisdiction unless it has been so approved. Sen Kerr. R CH. SL. 97- 0309.
SB1004 - Sustainable Growth Act. Blank bill. Sen Perdue. To Senate Rules.
HB0129 - Transfer DMV To Public Safety. Establishes the Motor Vehicle Enforcement Division of the Department of Crime Control and Public Safety. Grants enforcement officers of the Division the authority to assist in the enforcement of laws when a crime has been committed in their presence or when a state or local law enforcement agency has requested their assistance. Rep Thompson. To House Rules.
HB0138 - DMV Enforcement Authority. Authorizes officers and inspectors of the DMV to enforce criminal laws when a criminal offense has been committed in their presence while engaged in the enforcement of laws within their jurisdiction, or when asked to provide temporary assistance by the head of a state or local law enforcement agency or that person's designee. The DMV officer or inspector may exercise the same powers vested in law enforcement officers when acting pursuant to these provisions. If acting at the request of a law enforcement agency, DMV officer is not considered an officer, employee or agent of that agency. Rep Justus. H Re-Ref to Judic 1.
HB0141 - Embezzlement/Increase Penalty. Increases the penalty for various offenses, including embezzlement of funds by public officers of a local government unit and embezzlement of taxes by officers. Embezzlement with a value of $100,000 or more is a Class C felony, while embezzlement of less than $100,000 is a Class F felony. Rep Justus. S Re-Ref Com on Approp.
HB0147 - Outlaw Dog Fights. Creates the Class H felony offense of dog fighting and baiting, including owning, possessing, or training a dog with the intent that the dog be used for fighting or baiting. Makes gambling on dog fights or participating as a spectator at a dog fight a Class H felony. Applicable to offenses committed on or after 12/1/97. Rep Weatherly. R CH. SL 97-0078.
HB0150 - Prohibit Sale Of Some Pyrotechnics. Prohibits the sale and use of certain fireworks, including snakes and glow worms, smoke devices, party poppers, string poppers, drop pops, wire sparklers and other sparkling devices. (These items were illegal until exempted from the prohibition on pyrotechnics in 1993.) Effective 12/1/97. Rep Easterling. H Reptd Unfav.
HB0152 - Child Abuse Report Penalty. Provides that the knowing and willful failure to make a report of child abuse or neglect, or the knowing and willful prevention of another from making such a report, is a Class 3 misdemeanor. Rep Easterling. H Re-Ref to Com on Judic 2.
HB0234 - Smoke Detector Penalties. Makes it a Class 3 misdemeanor for a landlord to fail to provide, install, replace or repair a smoke detector in a residential rental dwelling. Authorizes court to impose civil penalty not less than $500. Identical to SB 311. Rep Easterling. To House Judiciary 2.
HB0248 - Graduated Drivers Licenses. Establishes graduated levels of licenses for drivers under the age of 18. Grants Level 1 learner's permit to person between 15 and 18, allowing person to drive with supervision between 5 a.m. and 9 p.m. for first 6 months and anytime with supervision thereafter. Grants Level 2 limited provisional license to person between 16 and 18 who has had Level 1 license for 6 months without violations, allowing person to drive with supervision anytime and without supervision between 5 a.m. and 9 p.m., as well as to and from work and to and from activities of VFD, rescue squad or EMS is licensee is a member. Grants Level 3 full provisional license to person between 16 and 18 who has had Level 2 license for 6 months with no violations, allowing unsupervised driving at any time. Creates motorcyle learner's permit for persons at least 18 years old who have a driver's license or who are between 16 and 18 and have limited or full provisional license. Motorcyle learner's permit does not authorize driving with a passenger. Effective 12/1/97. Rep Clary. R Ch. SL 97-0016.
HB0267 - Bomb Threat/Felony-2. Provides that falsely reporting that a bomb or other destructive device may explode or perpetuating a hoax by using a false destructive device constitutes a Class G felony (currently a Class 1 misdemeanor). Applicable to offenses committed on or after 12/1/97. Rep Sherrill. S Ref to Com On Judic.
HB0321 - Study Hunting On Sunday. Permits LRC to study current prohibition on hunting on Sunday. Rep Preston. H Re-Ref Com on Rules.
HB0328 - Stop Tobacco Sales To Minors-2. Prohibits the sale or distribution of tobacco products to persons less than 18 years of age, punishable as an infraction with monetary penalty (1st offense $25, 2nd offense $100, 3rd and subsequent offenses $300). Requires retailers to display sign indicating that proof of age is required. Provides that purchase or attempted purchase of tobacco by a person under 18 is an infraction with same monetary penalties as above. Prohibits the sale of cigarettes other than in unopened packages originating with the manufacturer. Prohibits distribution of tobacco products in vending machines unless they are located in establishments only open to persons 18 or older or can only be operated upon activation by the owner or employee of the establishment. Vending machines that are not exempted must be removed by 8/28/97. Rep Arnold. S Rec from House.
HB0388 - Amend Trespass Offenses. Establishes rebuttable presumption that a person who enters or remains on the premises of another for a purpose not in the ordinary course of business intends to trespass. Ordinary course of business includes customary visits from neighbors and other members of the public. Deletes requirement that land be posted in order to establish offense of trespass for purpose of hunting. Applies to offenses committed on or after 12/1/97. Rep Nichols. H Cal Pursuant Rule 36(A).
HB0394 - Dogfights/Gambling/Felony. Makes it a Class I felony to: promote, conduct or be employed in organized dogfighting; wager money or anything of value on dogfighting; receive money for admission of another to place kept for dogfighting; own, possess or train a dog with intent to use in dogfighting; or allow property under the person's ownership or control to be used for dogfighting. Makes it a Class 2 misdemeanor to be a spectator at an organized dogfight. Requires animal control officers to confiscate any dog that has been or is intended to be used in organized dogfighting. Applies to offenses committed on or after 12/1/97. Rep Jarrell. To House Judiciary 1.
HB0406 - Curfew For Persons Under 18. Authorizes cities and counties to adopt appropriate ordinances that impose a curfew on persons any age less than 18. Rep Baddour. R CH. SL 97-0189.
HB0410 - Emergency Management Compact. Provides for mutual assistance between states in managing emergencies or disasters through an Emergency Management Assistance Compact. Party states are to review individual hazard analyses; review emergency plans and develop plan for interstate management and provision of assistance; develop procedures to fill any gaps and resolve inconsistencies or overlaps; assist in warning communities adjacent to or crossing state boundaries; protect and assure uninterrupted delivery of services, medicine, food, water, search and rescue, etc.; set procedures for interstate loan and delivery of human and material resources; and provide, to the extent authorized by law, for the temporary suspension of laws or ordinances restricting implementation of these responsibilities. Creates agency relationship for tort liability purposes between members of an emergency force rendering aid and the party state requesting aid. Immunizes state rendering aid from tort liability, unless its emergency forces engage in willful misconduct, gross negligence or recklessness. Requires that state rendering aid be reimbursed by state receiving aid unless the rendering state assumes responsibility for the expenses. Requires each party state to compensate and provide death benefits to injured members of the forces from that state regardless of where injury occurs. Rep Thompson. R CH. SL 97-0152.
HB0425 - Assault With Bodily Fluids. Creates criminal offense of assault with bodily fluids or bodily wastes, punishable as a Class I felony. Applies to offenses committed on or after 12/1/97. Rep Kiser. To House Judiciary 2.
HB0426 - Law Enforcement Property. Authorizes the Department of Crime Control and Public Safety to distribute surplus property suitable for law enforcement use obtained from the federal government under contracts or agreements. The Department may adopt rules for the distribution that conform with federal requirements and standards. Effective 10/1/97. Rep Kiser. To House Judic 2.
HB0433 - Concealed Handgun Exemption. Exempts sworn law enforcement officer or retired sworn law enforcement officer from the firearms safety and training course required to qualify for a concealed handgun permit. Retired officer must apply for a permit within 2 years of retirement to fall under exemption. Disqualifies law enforcement officer who is the subject of a disciplinary action that prevents the carrying of a gun or who otherwise fails to meet the agency's requirements for carrying a gun. Disqualifies former officer (1) retired because of a mental disability; (2) prohibited by state or federal law from receiving a firearm; (3) who was not a qualified enforcement officer immediately before retirement; or (4) who does not have a nonforfeitable right to benefits under an agency's retirement plan. Effective 12/1/97. Identical to SB 325. Rep Gulley. R CH. SL 97-0274.
HB0463 - Farm Products Weight Exemption. Amends GS 20- 118(c)(12) to increase the permissible weight of agricultural crops that may be transported on the highways from the field to a place with certified scales from 88,000 to 90,000 pounds, provided that such a vehicle may not operate on a posted bridge. Rep Owens. H Pres to Gov 7- 23.
HB0523 - Confiscated Gun/Law Officer Use. Authorizes trial judge to order that confiscated weapons be (1) turned over to a law enforcement agency in the county of trial for use by the agency on written request of the head of the agency. Rep Wilkins. H Pres to Gov 7-24.
HB0580 - Nonresident Handgun Permit. Provides that a person who is not a resident of North Carolina may obtain a concealed handgun permit. Permit is to be issued by the Attorney General if the applicant qualifies under all of the following criteria: (1) the applicant is a U.S. citizen; (2) the applicant is a resident of another state or district to which N.C. extends reciprocity and has been a resident of that state or district for 30 days or longer immediately preceding the filing of the application; (3) the applicant holds a valid and unrevoked concealed handgun permit or license from the state or district in which the applicant resides; (4) the applicant is 21 or older; and (5) the applicant passes a test administered by the office of the Attorney General demonstrating that the person is knowledgeable of the laws of this state regarding concealed handguns. The AG shall maintain a listing of those persons issued a permit and shall make it available upon request to all state and local law enforcement agencies. Rep Thompson. H Re-Ref Com on Finance.
HB0665 - Crime Victims Rights Act. Provides that within 24 hours of identifying a victim of certain felonies, the investigating law enforcement agency shall provide the victim with information regarding the availability of medical services, the availability of crime victims' compensation funds and contact information for the distributing agency, contact information for the district attorney's office responsible for the case, a contact person at the law enforcement agency the victim may call if he or she has not been notified of an arrest in the case within 6 months of reporting the crime, information about an accused's opportunity for pretrial release, and a contact person at the law enforcement agency whom the victim may contact to find out whether the accused has been released from custody. Within 24 hours after receiving notification from the arresting law enforcement agency that the accused has been arrested, the investigating agency must forward to the district attorney's office the victim's name, address, date of birth, social security number, race, sex and phone number, or must inform the district attorney's office that the victim has refused to disclose any of the information. Within 24 hours after an arrest of a person believed to have committed a crime covered by the act, the arresting agency must inform the investigating agency of the arrest. Within 24 hours of being notified of the arrest, the investigating agency shall notify the victim of the arrest. Establishes Crime Victim's Rights Fund to supplement budgets of law enforcement agencies and other agencies in the providing of services to victims under the act, to be funded by a $5 charge imposed in all criminal cases in which costs are assessed. Agencies may apply annually to the Department of Crime Control and Public Safety for the supplemental funds. Provides that the act does not create a claim for damages against the state, a county, a municipality, or any of its agencies, instrumentalities, officers or employees. Provides that if the victim is deceased, the next of kin is entitled to the victim's rights except for restitution. Provides, effective July 1, 1999, that victims of domestic violence (felony or misdemeanor) are entitled to the same rights as other victims under the act. Directs Governor's Crime Commission to study incidence of domestic violence. Rep Eddins. H Reptd to Approp.
HB0902 - Amend Stalking Law. Redefines criminal offense of stalking as willfully and on more than one occasion following or being in presence of another person without legal purpose and with intent to cause emotional distress by placing person in reasonable fear of death or bodily injury. Deletes provisions requiring a warning to desist and pattern of conduct over time. Increases penalty from Class 3 to Class 2 misdemeanor and to Class 1A if court order is in effect. Rep Morris. H Re-Ref to Com on Judic 2.
HB0938 - Accident Victim I.D./Funds. Appropriates $25,000 in each year of the biennium to the Department of Justice to provide training to state and local law enforcement officers in the identification of accident-trauma victims to facilitate identification of potential organ and tissue donors. Authorizes local law enforcement, fire, emergency, rescue and hospital personnel to conduct routine searches of accident-trauma victims for donor information if the searcher believes the person is near death. Requires law enforcement officers to notify victim's next of kin as soon as possible after identification. Directs DMV to produce body information tags for distribution to state and local law enforcement departments. Rep Preston. To House Appropriations.
HB0951 - Charitable Bingo Regulations. Repeals authorization to conduct "beach bingo" games and makes various revisions to provisions relating to charitable bingo conducted by exempt organizations. Among other things, limits the maximum prize that may be offered or paid for any one game of bingo, excluding a once-per-session jackpot bingo game, to $500. The maximum prize for any one jackpot bingo game is $2,500. Provides that the Department of Human Resources, any district attorney, the Attorney General, or any local law-enforcement agency may conduct inspections of premises where bingo is conducted or where bingo equipment and supplies are stored and inspect the records of any registrant to ensure compliance. Effective December 1, 1997. Rep Baker. To House Judiciary 2.
HB0958 - Concealed Handgun Laws Amend. Amends G.S. 14- 269(b), the provisions of the concealed handgun laws creating a permit exemption for law enforcement officers and military personnel. Adds federal LEOs discharging their official duties to the list of those exempted. Provides that a person lawfully carrying a concealed handgun pursuant to the exemption in G.S. 14-269(b) may carry a concealed handgun on property on which a notice is posted prohibiting the carrying of a concealed handgun, unless otherwise prohibited by statute. Excludes state-owned highway rest stops or rest areas along highways from the facilities where a concealed weapon may not be carried. Rep Hightower. R. CH. SL. 97-0238.
HB1010 - Govt Use/Seized Gun Parts. Provides that prior to the destruction of confiscated weapons, the sheriff may remove any parts from the weapon for the repair of local law enforcement weapons that are property of the local government. Identical to SB 246. Rep Warner. To House Judiciary 1.
HB1028 - Towing Procedures. Requires any towing company operating in this state to provide for reclaiming of towed vehicles within one hour during all hours of operations; provide on each tow vehicle a schedule of fees to be uniformly applied to all operations; not charge storage fees in excess of $15 per day; insure that the location from which the vehicle is being towed has signs indicating that vehicles illegally parked will be towed at the owner's or operator's expense and providing the name, location, and telephone number of the towing company removing the vehicles; and maintain a written record of all towing operations for at least one year. Except for those operations authorized by law enforcement authorities pursuant to Article 7A of Chapter 20, the written record shall show the time, date, place, fees charged, and the name and telephone number of the person authorizing the tow. Blanket authority for towing shall not be authorized except for spaces properly marked in accordance with G.S. 20- 219.2(a). Rep Owens. To House Judiciary 2.
HB1045 - Red Light Photo Citations. Authorizes cities and counties to adopt ordinances allowing for the use of traffic control photographic systems to produce images of vehicles violating traffic control statutes or ordinances. Owner of vehicle is responsible for violation unless he can furnish evidence that vehicle was in custody and control of another at the time. Violation is noncriminal and subject to $50 civil penalty. Rep Shubert. To House Judiciary 2.
HB1124 - Fire/Rescue Personnel Records Checks. Allows the Department of Justice to provide to a local or volunteer fire department or rescue squad a criminal history record check of any applicant for a position as an employee or volunteer. Rep Capps. S Ref to Com on Judic.
HB1224 - Truck Safety Act. Provides that when law enforcement officer cites a driver for operating a motor vehicle that has not been inspected, officer may order vehicle towed upon determination that continued operation would constitute a hazard. Allows issuance of commercial driver learner's permit to person who holds Class C driver's license and has passed knowledge test for class and type of commercial vehicle with gross weight of less than 4,000 pounds. Establishes new licensing requirements for operating vehicles of 4,000 pounds or more. Level 1 (limited commercial learner's permit) requires knowledge test, holding Class C license, driving only with supervising driver, and only between 5 a.m. and 9 p.m. the first 6 months. Level 2 (limited commercial license) requires 12 months experience with learner's permit, no moving violations in last 6 months, skills test, and driving only with supervising driver from 9 p.m. to 5 a.m. Specifies that offense of speeding in a workzone is in addition to all other penalties that may be imposed for speeding. Requires all state-owned vehicles over 16,000 pounds to have water and physical element deflectors for the side and rear of all tires. Strengthens various provisions related to brake and tire safety. Rep Luebke. To House Transportation.
SB0009 - Embezzlement/Increase Penalty. Increases the penalty for various offenses, including embezzlement of funds by public officers of a local government unit and embezzlement of taxes by officers. Embezzlement with a value of $100,000 or more is a Class C felony, while embezzlement of less than $100,000 is a class F felony. Sen Miller. S Re-Ref Com on Appropr.
SB0096 - Pawnshop Records Access. Amends Pawnbrokers Modernization Act of 1989 to clarify that records are available to the sheriff of the county in which a pawnshop is located, or when a pawnshop is located within a municipality, to both the sheriff and the chief of police. Sen Kerr. H Ref to Com on Comm.
SB0102 - Bomb Threat/Felony. Provides that falsely reporting that a bomb or other destructive device may explode or perpetuating a hoax by using a false destructive device constitutes a Class H felony (currently a Class 1 misdemeanor). Applicable to offenses committed on or after 12/1/97. Sen McDaniel. S Re-Ref Com on Appropr.
SB0103 - Concealed Handgun/Law Officer. Provides that qualified law enforcement officers and former law enforcement officers are exempt from the firearms safety and training instruction and from the background checks required to obtain a concealed handgun permit. Effective 12/1/97. Sen East. To Senate Judiciary.
SB0143 - Stop Tobacco Sales To Minors. Amends law prohibiting the sale or distribution of tobacco products to minors, removing requirement that the violation be done "knowingly." Distribution, or aiding and abetting in the distribution, of tobacco products to persons less than 18 years of age is punishable as an infraction with monetary penalty increasing for subsequent violations. Requires retailers to display signs indicating that proof of age is required. Failure to demand proof of age is an infraction with penalty of $250 if prospective purchaser is under 18. Provides that purchase or attempted purchase of tobacco by a person under 18 is an infraction with increasing monetary penalty for subsequent violations, and presentation of falsified age documentation by person under 18 for purpose of purchasing tobacco is an infraction with penalty of $250. Prohibits the sale of cigarettes other than in unopened packages originating with the manufacturer. Prohibits distribution of tobacco products in vending machines unless they are located in establishments only open to persons 18 and older or can only be operated upon activation by the owner or employee of the establishment. Vending machines that are not exempted must be removed by 11/30/97. Act effective 12/1/97. Sen Rand. H Conf Com Appointed.
SB0149 - Graduated Drivers Licenses. Establishes graduated levels of licenses for drivers under the age of 18. Grants Level 1 learner's permit to person 15 or older, allowing person to drive with supervision between 5 a.m. and 9 p.m. for first 6 months and anytime with supervision thereafter. Grants Level 2 limited provisional license to person who has had Level 1 license for 12 months without violations, allowing person to drive with supervision anytime and without supervision between 5 a.m. and 9 p.m. and to and from work. Grants Level 3 full provisional license to person who has had Level 2 license for 6 months with no violations, allowing unsupervised driving at any time. Sen Cooper. S Re-Ref to Com on Finance.
SB0214 - Bomb Threat/Felony-2. Provides that falsely reporting that a bomb or other destructive device may explode or perpetuating a hoax by using a false destructive device constitutes a Class G felony (currently a Class 1 misdemeanor). Applicable to offenses committed on or after 12/1/97. Sen Ledbetter. To Senate Judiciary.
SB0246 - Govt. Use/Seized Gun Parts. Provides that prior to the destruction of confiscated weapons, the sheriff may remove any parts from the weapon for the repair of local law enforcement weapons that are property of the local government. Identical to HB 1010. Sen Rand. H Ref to Com on Judic 1.
SB0281 - Left Turn On Red. Allows left turns on red in leftmost lane of travel on a one-way street. Effective 12/1/97. Sen Odom. To Senate Judiciary.
SB0295 - Greyhound Racing Prohibited. Makes it a Class 1 misdemeanor to conduct greyhound races for public exhibition for monetary remuneration, or to transmit or receive simulcasting of greyhound races for commercial purposes. Applies to offenses committed on or after Dec. 1, 1997. Sen McDaniel. To Senate Commerce.
SB0311 - Smoke Detector Penalties. Makes it a Class 3 misdemeanor for a landlord to fail to provide, install, replace or repair a smoke detector in a residential rental dwelling. Authorizes court to impose civil penalty not less than $500. Identical to HB 234. Sen W. Martin. S Re-Ref Com on Judic.
SB0324 - Concealed Handguns/Liability. Provides that no person, organization, corporation or entity shall incur civil or criminal liability for injuries or damages occurring on premises that the person or entity owns, leases, or otherwise controls that are caused by the discharge of a firearm by a concealed handgun permit holder. Act shall not be construed to bar any cause of action against the permit holder. Sen Ballance. S Re-Ref Com on Judic.
SB0325 - Concealed Handgun Exemption. Exempts sworn law enforcement officer or retired sworn law enforcement officer from the firearms safety and training course required to qualify for a concealed handgun permit. Retired officer must apply for a permit within two years of retirement to fall under exemption. Disqualifies law enforcement officer who is the subject of a disciplinary action that prevents the carrying of a gun or who otherwise fails to meet the agency's requirements for carrying a gun. Disqualifies former officer (1) retired because of a mental disability; (2) prohibited by state or federal law from receiving a firearm; (3) who was not a qualified enforcement officer immediately before retirement; or (4) who does not have a nonforfeitable right to benefits under an agency's retirement plan. Effective 12/1/97. Sen Odom. H Ref to Com on Rules.
SB0409 - Airport Law Enforcement. For purposes of entering into mutual aid agreements under GS 160A- 288(d), provides that airport law enforcement agencies operated by a municipality are considered the equivalent of a municipal police department. Sen R. Shaw. R Ch. SL. 97-0143.
SB0542 - Taunt Police Animal. Makes it a Class 1 misdemeanor to taunt, torment, beat, kick or strike a law enforcement agency animal. Effective 12/1/97. Sen R. Shaw. To Senate Judiciary.
SB0561 - Company Police/Concealed Handguns. Provides that company police officers shall have authority to carry concealed weapons if duly authorized by the superior officer in charge. Exempts active or retired company police officers from training required to receive a concealed handgun permit if the officer meets the same requirements as an active or retired state or local law enforcement officer. Exempts retired company police officer from training under certain other circumstances. Amends concealed handgun permit statute to provide that receipt of previous mental health consultative services or outpatient treatment alone does not disqualify a permit applicant. Sen Odom. H Cal Pursuant Rule 36(A).
SB0667 - Amend Stalking Law. Redefines criminal offense of stalking as willfully following person on more than one occasion with the intent to cause death or bodily injury or with the intent to cause emotional distress by placing that person in reasonable fear of death or bodily injury. Deletes provisions requiring a warning to desist and pattern of conduct over time. Increases penalty from Class 2 to Class 1 misdemeanor and to Class 1A if court order is in effect. Sen Reeves. R CH. SL. 97-0306.
SB0691 - Outlaw Dog Fights. Creates the Class I felony offense of dog fighting and baiting, including being a spectator at a dog fight or owning, possessing, or training a dog with the intent that the dog be used for fighting or baiting. Subsequent offense within 3 years is a Class H felony. Applicable to offenses committed on or after 12/1/97. Sen Gulley. To Senate Judiciary.
SB0763 - Crime Victims Rights Act. Provides that within 24 hours of identifying a victim of certain crimes, law enforcement agencies shall provide the victim with information regarding the availability of medical services, the availability of crime victims' compensation funds and contact information for the distributing agency, contact information for the district attorney's office responsible for the case, and a contact person at the law enforcement agency the victim may call if he or she has not been notified of an arrest in the case within 6 months of reporting the crime. Within 24 hours after arrest of a suspect, the law enforcement agency shall inform the victim of the accused's opportunity for pretrial release and provide the victim with a contact person at the agency to inform the victim as to whether the suspect has been released from custody. Within 24 hours after the accused has been detained and no more than 5 days after arrest if the accused is not detained, the law enforcement agency must forward to the district attorney's office the victim's name, address, date of birth, social security number, race, sex and phone number. Establishes Crime Victim's Rights Fund to supplement budgets of law enforcement agencies and district attorneys' offices in the providing of services to victims, to be funded by a $30 charge imposed whenever a defendant is convicted, or enters a plea of guilty or nolo contendre to a felony, Class 1 or 1A misdemeanor, or offense of impaired driving. Agencies may apply annually to the Department of Crime Control and Public Safety for the supplemental funds. Provides that the act does not create claim for damages against the state, county, municipality, or any of its agencies, instrumentalities or employees. Identical to HB 665. Sen Cooper. To Senate Judiciary.
SB0810 - 1997 Personal Protection Act. Repeals existing statute on carrying concealed weapons and replaces with new statute making carrying a deadly concealed weapon for an illegal purpose a Class I felony. Revises current law to allow person with concealed handgun permit to carry the gun on school grounds and to decrease to a Class 3 misdemeanor the penalty for carrying a firearm of any kind on school grounds. Replaces current ban on carrying firearm into an establishment charging a fee or serving alcohol with a ban on possession of a firearm in an establishment licensed to dispense alcohol while the person is in any portion of the establishment primarily devoted to dispensing and consuming alcohol. Repeals prohibition on possession of dangerous weapon at parades, funerals, picket lines, demonstrations at private health care facilities and public places under the control of the state or its subdivisions. Deletes statutory provisions allowing local governments to prohibit a person with a permit from carrying a concealed handgun in local government buildings and parks. Effective 12/1/97. Sen Webster. To Senate Judiciary.
SB0893 - Regulating Charitable Bingo. Contains provisions regarding bingo licensing, enforcement of bingo laws, maximum prizes in bingo games, and jackpot bingo. Authorizes exempt organizations to conduct "charity game ticket" games. Sen Weinstein. To Senate Judiciary.
SB0919 - Unlawful Telecommunications. Provides that local, state or federal law enforcement officer who obtains evidence that telecommunications services are being used or have been used to violate state or federal criminal law may apply for a court order requiring the telecommunications company to discontinue service to the customer. Sen Odom. H Pres to Gov 7-30.
SB0991 - Concealed Handgun Amendments. Makes numerous amendments to the concealed handgun laws. Among other things, repeals local government authority to prohibit carrying a concealed handgun in parks and the appurtenant premises to local government buildings. Provides that no person, corporation, etc., is civilly or criminally liable for injuries or damage occurring on their premises by discharge of firearm by concealed handgun permit holder. Deletes prohibition on carrying concealed handgun in financial institutions, at parades and pickets, and into assemblies where admission fees are charged. Replaces prohibition on carrying concealed handgun into alcohol- licensed establishments with prohibition on remaining in portions of the establishment primarily devoted to dispensing and consuming alcohol. Allows holder of a concealed handgun permit to possess a gun on school grounds if it is secured in a locked container. Sen McDaniel. To Senate Judiciary.
SB0997 - Ignore Emergency Warning. Imposes civil penalty for any person who willfully ignores a warning issued by a federal, state, or local law enforcement agency or emergency management agency in a disaster and engages in an activity that places himself or another in danger and requires a governmental rescue effort to be undertaken. Violator is civilly liable to the governmental agency for costs of the rescue effort. Sen Plyler. R. CH. SL. 97-0232.