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					                                NORTH CAROLINA SHERIFFS' ASSOCIATION

                                                  Final Legislative Report
                                                           2003




        The North Carolina General Assembly adjourned the 2003 Session on Sunday evening, July
20th. During this Session, 2,368 bills were introduced with 1,340 being introduced in the House and
1,028 being introduced in the Senate. Of the 2,368 bills introduced during the Session, 465 bills,
or 20%, were approved by the General Assembly. Although Governor Easley has signaled his
willingness to veto bills, it is not expected that he will veto any of the legislation that is waiting for
his signature.

        It was an historic Session with the House being evenly divided between 60 Democrats and
60 Republicans. Although many thought that this even split would cause gridlock, the coalition
stayed united behind the Co-Speakers. This year’s General Assembly adopted a budget on June 30th
before the beginning of the new fiscal year, and then adjourned less than three weeks later.

        The House will reconvene Monday, May 10, 2004 at 12:00 noon and the Senate will
reconvene September 15, 2003. The September Senate Session is supposed to be limited to two
issues: economic development and civil justice and insurance reform. It is also likely that both the
House and the Senate will be called back into session this Fall by the Governor to address
redistricting.

        This Final Legislative Report summarizes: (1) relevant bills enacted into law this Session;
(2) the 2003-2004 budget; and (3) important legislation that was not enacted this year.




         If you would like a copy of any of the legislation introduced or considered by this year's
General Assembly, you may receive one copy of as many bills as you are interested in, free of charge,
by calling the General Assembly's Printed Bills office at 919/733-5648. They will need to know if
it is a House bill or Senate bill and the bill number. (For example, Senate Bill 8). Copies are also
available on the General Assembly's World Wide Web site: http://www.ncleg.net.
                                 BILLS ENACTED INTO LAW

SENATE BILL 2, Drivers License Medical Certification, will allow out of state physicians to sign
the certification which confirms the ability of a driver to obtain or continue using their North
Carolina driver’s license. Under prior law, the form was required to be completed by a North
Carolina physician. Effective: April 19, 2003.

SENATE BILL 19, Township ABC Elections, allows any township to have an election to obtain an
ABC license if more than 20% of the population in the cities in that county have approved the sale
of alcoholic beverages. This bill was originally targeted for Harnett County, but was modified to
apply throughout North Carolina. Effective: June 19, 2003.

SENATE BILL 33, Concealed Handgun Reciprocity, allows a concealed handgun permit or license
issued by another state to be valid in North Carolina if that state grants reciprocity to North Carolina
residents who are licensed. The Attorney General will maintain a list of those states that meet the
requirement on the North Carolina Criminal Information Network. The list will be made available
to law enforcement officers for investigative purposes. The bill also requires the Department of
Justice to make a written inquiry of concealed handgun authorities in each state about their
requirements for North Carolina residents who carry a concealed handgun in their state every twelve
(12) months. Effective: August 13, 2003.

SENATE BILL 57, Carolina Beach Wheel Lock Authorization, allows the Towns of Carolina Beach,
Wrightsville Beach and Yadkinville to use wheel locks on illegally parked vehicles. Effective: June
24, 2003.

SENATE BILL 61, CDL Changes/Study Moped Identification, suspends the commercial drivers
license for persons convicted of railroad grade crossing offenses while operating a commercial motor
vehicle. In addition, a new “S” endorsement will be required for persons operating a school bus.

        The bill also includes authority for the Joint Legislative Transportation Oversight Committee
to study the need for a Moped Identification Tag Program. If the Committee finds that a Moped
Identification Tag Program is needed, then the Committee will recommend the procedure and the
administrative agency that should be responsible. Effective: October 1, 2003, if signed by the
governor, unless it is vetoed.

SENATE BILL 89, Lake Lure Marine Commission, authorizes the Town of Lake Lure (in
Rutherford County) to establish the Lake Lure Marine Commission to provide law enforcement
jurisdiction over the lake. Effective: July 20, 2003.

SENATE BILL 93, Amend Special Probation Definition, amends the definition of special probation
to require that any period of confinement required under special probation cannot exceed 1/4 of the
maximum sentence of imprisonment imposed for the offense. Under prior law, the period of
confinement required under special probation could have been the lesser of either six months or 1/4
of the maximum sentence. Effective: December 1, 2003.

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SENATE BILL 97, Revenue Laws Technical Changes, makes technical changes in the Revenue
Laws including allowing the Wireless Board to use a special reserve fund to cover some of the costs
of local 911 centers. This transfer will make up for the funds that the budget re-directed to the
General Fund from taxes on wireless telephone service that would normally be used to fund the local
911 centers. The taxes are used to help 911 centers trace emergency calls from wireless phones and
to reimburse cellular companies for building wireless 911 systems. The share going to the cellular
companies is over funded and will be used to replace as much as $58 million in lost payments to 911
centers. Effective: When signed by the Governor, unless it is vetoed.

SENATE BILL 102, Surry County Sheriff Vacancy, changes the way a vacancy is filled in the Office
of Sheriff in Surry County and was filed at the request of Surry County Sheriff Connie Watson.
Previously, a vacancy in the Office of Sheriff in Surry County was filled under G.S. 162-5, which
provides that the vacancy is filled by the Board of County Commissioners, but there is no
requirement that they appoint a new Sheriff from the same political party as the previous Sheriff.
Senate Bill 102 will add Surry County to the list of counties governed by G.S. 162-5.1, which
provides that a vacancy in the Office of Sheriff will be filled by the Board of County Commissioners.
However, the Board of County Commissioners must fill the vacancy with the person recommended
by the County Executive Committee of the same political party as the political party of the Sheriff
who created the vacancy. Effective: May 14, 2003.

SENATE BILL 117, The Larry T. Justus Western Justice Academy, names the Western Campus of
the North Carolina Justice Academy, located in Edneyville, in honor of former Representative (now
deceased) Larry T. Justus in recognition of his “dedicated leadership in the North Carolina General
Assembly on justice and public safety issues and his commitment to the safety and well-being of the
citizens of this State.” Effective: June 23, 2003.

SENATE BILL 167, Permit Weapons at Johnston Community College and Nature Center, allows
weapons on the Howell Woods Nature Center property of Johnston Community College for hunting
purposes with the written permission of Johnston Community College. Effective: June 19, 2003.

SENATE BILL 226, Unauthorized Administration of Medicine by Child Care Facility, prohibits
willfully giving prescription or over the counter medication to a child in a licensed or unlicensed day
care facility, including day care facilities operated by public schools, without written authorization.
In the event of an emergency, medication may be administered at the direction of a medical care
provider, who is licensed, certified or otherwise authorized to prescribe the medication. A violation
of this section that results in a serious injury to the child will be punished as a Class F felony and any
other violation of this section will be punished as a Class A1 misdemeanor. Effective: December
1, 2003 if signed by the Governor, unless it is vetoed.

SENATE BILL 245, Controlled Hunting/No Importation of Coyotes, allows for the creation of
coyote hunting preserves where coyotes (currently restricted to foxes) may be hunted with dogs. The
bill allows operators of these controlled hunting preserves to purchase live coyotes trapped in North


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Carolina. However, it is a Class 1 misdemeanor for anyone to transport or attempt to transport live
coyotes into the State from outside the State. Effective: October 1, 2003.

SENATE BILL 251, Prohibit Rebirthing Therapy, prohibits the use of rebirthing therapeutic
techniques. Any use of these techniques will be punished as a Class A1 misdemeanor for the first
offense and a Class I felony for subsequent offenses. The difference between rebirthing techniques
which are prohibited and physical restraint or seclusion which is permitted in North Carolina mental
health facilities is also clarified. Effective: December 1, 2003.

SENATE BILL 274, Budget Adjustment Act, was drafted at the end of June as a companion bill to
the budget bill to allow Governor Easley some flexibility if the revenue collected falls below what
is expected. Governor Easley automatically will be able to do certain things to correct the budget
without having to go back to the General Assembly for approval. The provisions include: (1) any
cost savings that result from recommendations made by the North Carolina Blue Ribbon
Commission on Medicaid Reform will first be used to replenish the Medicaid Trust Fund to meet
obligations in the 2004-2005 fiscal year. If cost savings do not result, then the General Assembly
will have to identify how it will replenish the Medicaid Trust Fund from other funds. (2) The Joint
Legislative Commission on Governmental Operations will review the balances in all Special Funds
(this would include licensing board funds) and recommend which funds could be transferred to
balance the State budget. Effective: June 30, 2003.

SENATE BILL 294, Craven County ABC Law Enforcement, allows the Craven County Alcoholic
Beverage Control Board to contract with the sheriff’s office, city police department or other local
law enforcement agencies for enforcement of the ABC laws within their jurisdiction in addition to
their local ABC officers. Those law enforcement officers must be certified by the Chief ABC officer
as having been trained in the enforcement of the ABC laws. The ABC Board can cancel the
enforcement agreements with 20 days written notice and the payments received for law enforcement
services must be in addition to any profits given to local governments from the sale of alcoholic
beverages. Effective: April 23, 2003.

SENATE BILL 307, Contagious Animal Diseases/Remove Sunset, continues the law that
strengthens the State Veterinarian’s authority to prevent and control an outbreak of foot and mouth
disease and any other contagious animal disease. The original law was set to expire April 1, 2003
and will now expire October 1, 2005. Effective: April 1, 2003.

SENATE BILL 424, Tuition Waiver Correction, requires the Joint Legislative Education Oversight
Committee to study whether to expand the Community College System and University of North
Carolina System tuition waivers to authorized public safety workers who are permanently and totally
disabled as a direct result of a traumatic injury sustained in the line of duty. The study will also
review whether waivers should be provided to the public safety workers’ children regardless of the
age of the child at the time of injury or at the time of enrollment. Effective: July 1, 2003.




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SENATE BILL 440, Failure To Appear/Citation, allows the court to issue an order for arrest when
a defendant fails to appear in court after receiving a citation for a misdemeanor. Effective: April 19,
2003.

SENATE BILL 449, Presumption-DWI Blood Withdrawal Valid, provides a presumption in the law
that the person drawing blood in an impaired driving case is a qualified person under the law, which
includes a licensed physician or registered nurse. Effective: December 1, 2003.

SENATE BILL 521, Pyrotechnic Regulation Enhanced, requires that any permit for the indoor use
of pyrotechnics (fireworks) at a concert or public place may not be issued by either a county or city
without first having a local Fire Marshal or the State Fire Marshal approve the fire safety measurers
that are in place. A violation of this provision is a Class 1 misdemeanor if the exhibit is indoors.
Effective: July 4, 2003, and the misdemeanor provision becomes effective December 1, 2003.

SENATE BILL 555, School Safety Officers-Students/Sex Offenses, clarifies that a school safety
officer is included in the list of school personnel that will receive increased punishment for any
sexual conduct with a student. Effective: December 1, 2003.

SENATE BILL 557, Require Drug Test Before Licensure/Cab Driver, authorizes a city to require
an applicant for a taxi cab license to submit to and pass a drug test. Effective: May 20, 2003.

SENATE BILL 619, DWI Blood Test Result-Directly To Clerk, allows the affidavit from a blood
test to be sent directly to the Clerk of Superior Court in the county where the criminal charges are
pending and to the charging officer for a civil revocation of a driver’s license. Effective: May 31,
2003.

SENATE BILL 630, Clarify Definition of Protective Order, makes changes to the laws governing
domestic violence protective orders and clarifies the procedure that will be used to renew a
protective order by a court. Effective: May 31, 2003.

SENATE BILL 659, Charitable Solicitations/Inform The Public, requires the Secretary of State to
publish on the Department’s website a list of all solicitors licensed by the Department and the fixed
percentage of the gross revenue that the charitable organization will receive from their solicitation
campaign. This list will appear in order of percentages, from lowest to highest. Effective: January
1, 2004 if signed by the Governor, unless it is vetoed.

SENATE BILL 661, Prisoner Health Information/EMS Changes, is a combination of several
different bills which was heard on the last day of Session. The bill has several different non-related
components. The first provision requires local jails, when transferring a prisoner to another local
jail, to provide the receiving jail with any health information or medical records that the transferring
jail has in its possession.



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         The next provision of the bill provides that anyone who commits the crime of arson that also
results in serious injury to a firefighter or emergency medical technician is guilty of a Class E felony.
The injuries must be related to the firefighter’s’s or emergency medical technician’s duties on the
property in trying to discharge their duties.

        The final provision of the bill provides that any person who willfully damages a federal, state,
local or other agency building by using an explosive or incendiary device is guilty of a Class E
felony.

Effective: When signed by the Governor, unless it is vetoed. The criminal provisions are effective
December 1, 2003, if signed by the Governor.

SENATE BILL 669, Civil Remedy for Animal Cruelty, provides a civil remedy for the protection
and humane treatment of animals in addition to any criminal penalties that are available. The civil
remedy will not apply to the Wildlife Resources Commission, lawful activities conducted for
research or training, lawful activities in providing food, veterinary purposes, lawful destruction of
animals for the purposes of protecting the public, other animals or the public health and lawful
activities for sport. Effective: June 19, 2003.

SENATE BILL 692, Terror Response Plans, provides that certain records are not “public records”
which are subject to public inspection if they include plans to prevent or respond to terrorist activity
or if they include specific tactics or specific security or emergency procedures. Effective: June 12,
2003.

SENATE BILL 693, Amend Enhanced Sentencing Laws, amends the sentencing provisions to
increase sentences when a gun is used, when a child is involved or when a bullet proof vest is used.
One of the changes specifies that when a person is being punished at a one class higher felony
because a bulletproof vest was used in the commission of a felony, that fact must be included in the
defendant’s indictment and must be proved beyond a reasonable doubt. The General Assembly
enacted the law to punish felonies at one class higher if a bulletproof vest was used several years ago
at the request of the North Carolina Sheriffs’ Association.

       This is somewhat of a technical corrections bill. There are several provisions in the criminal
law that allow a defendant’s penalty to be “enhanced” if certain factors are present. Recent court
cases have established certain procedures that must be followed by a court that is considering an
“enhanced” penalty for a defendant. This legislation is designed to change the procedures in the
General Statutes so that they comply with the procedures required by the recent court cases.

         Several years ago, at the request of the North Carolina Sheriffs’ Association, the General
Assembly enacted legislation that provides an enhanced penalty for any defendant who is in
possession of a bullet proof vest during the commission of a felony. Due to an accidental mistake
in the first version of this legislation considered this year, changes occurred that would have removed
some of the provisions currently contained in the law. When these problems with the original


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version of the bill were discovered, we met with the bill sponsor, Senator Scott Thomas, and he
agreed to fix the problems so that the current version of the bill now contains all of the provisions
contained in the original legislation enacted several years ago at the request of the North Carolina
Sheriffs’ Association.

        The conference report drafted by the conferees from the House and the Senate exempts law
enforcement officers from the law that increases the sentence for a felon who uses a bulletproof vest,
unless the State proves beyond a reasonable doubt that: (1) the officer was not performing or
attempting to perform a law enforcement function; and (2) that the officer knowingly wore or had
in his/her possession a bulletproof vest at the time of the commission of the felony for the purpose
of aiding the officer in the commission of a felony. This exemption for law enforcement officers
was included at the request of the North Carolina Sheriffs’ Association. Effective: When signed
by the Governor, unless it is vetoed.

SENATE BILL 694, Analogues/Schedule I Controlled Substance, provides that a controlled
substance analogue will be punished the same as a controlled substance. Effective: December 1,
2003.

SENATE BILL 708, Fire Department Criminal Background Checks, authorizes local law
enforcement agencies to access the Division of Criminal Information (DCI) network to conduct a
criminal record check of all persons who apply for a position with a fire department, and a criminal
record check of all persons 18 years of age or older who live in the household of the person applying
with the fire department. The local homeland security director or local law enforcement agency can
obtain an applicant’s criminal history upon request. Effective: June 12, 2003.

SENATE BILL 753, Qualifications For Magistrates. allows a person who has 8 years of experience
as a Clerk of Superior Court to be eligible for a magistrate position without meeting the current
educational requirements. Effective: When signed by the Governor, unless it is vetoed.

SENATE BILL 912, Sexual Battery, creates the new offense of “sexual battery” which is defined
as a person who for the purpose of sexual arousal, sexual gratification or sexual abuse engages in
sexual contact with another person by force and against the will of the other person or against
someone who is mentally disabled or physically helpless and the person performing the act knows
or should reasonably know that the person is disabled. A violation of this provision is a Class A1
misdemeanor. Effective: December 1, 2003.

SENATE BILL 919, Homicide Prevention Act/Domestic Violence, requires defendants who are
subject to a domestic violence order under Chapter 50B of the General Statutes to surrender to the
Sheriff all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry
concealed firearms that are in the care, custody, possession, ownership, or control of the defendant.
Defendants under 50B orders are only required to surrender their firearms in cases where the
surrender is ordered by the court. The Sheriff is authorized to charge the defendant a reasonable fee
for the storage of the firearms and ammunition and the fees will be payable to the Sheriff, deposited


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with the county finance officer, only to be used by the Sheriff to pay the cost of the storage of the
firearms or for other law enforcement purposes. The fees cannot be used by the County for any other
purposes.

         Upon the entry of an appropriate court order, the Sheriff would return the firearms to the
defendant at the expiration of the 50B protective order, as long as the defendant was not otherwise
prohibited from receiving the firearms. This decision will be made by the court after a hearing.
If the court determines that the firearms could not be returned to the defendant, or if the defendant
fails to pay the reasonable fees for storage imposed by the Sheriff, the Sheriff will be authorized to
dispose of the firearms in accordance with existing law.

        The bill was modified in the House Judiciary IV Committee based on the concerns of several
legislators and the concerns voiced by the National Rifle Association that strict criteria must be used
to remove guns from gun owners and that notice must be provided for how gun owners can have
their guns returned. There were several questions in the Committee about the provision that would
allow the Sheriffs to receive a reasonable fee for the storage of the guns. The North Carolina
Sheriffs’ Association Legislative Counsel, Eddie Caldwell, answered questions about the reasonable
fee provision and explained the need for flexibility among the different counties. The bill was
approved by the House Judiciary IV Committee with only one no vote.

        This bill was again modified in the House Judiciary IV Committee after lengthy negotiations
to add a provision that allows the surrender of a firearm or firearms if the Court finds that the
defendant has participated in a pattern of conduct involving the use or threatened use of violence.
The terms of the order issued by the court must include instructions on how to retrieve the gun when
the protective order is no longer in effect and also clarifies that a third party owner of a firearm
surrendered to a Sheriff may have the firearm returned. If the Sheriff sells the firearm, then the
proceeds go to the defendant only if the defendant requests the proceeds by a motion and receives
a court order. The“reasonable fee” provision for gun storage was requested by the North Carolina
Sheriffs’ Association. Effective: December 1, 2003 if signed by the Governor, unless it is vetoed.

SENATE BILL 936, Waive Deadlines for Troops, waives deadlines, fees and penalties for military
personnel who are deployed during Operation Iraqi Freedom for the following: (1) Extends for up
to 90 days from the end of deployment the validity of a permanent or temporary drivers license; (2)
Waives civil penalties and restoration fees for liability insurance that has lapsed during deployment
or within 90 days of the members return; (3) Allows up to 90 days from the end of the deployment
to renew any occupational license or renewal and the renewal may be prorated over the period
covered by the license and the fee reduced for the time the licensee was deployed outside the State;
(5) Ninety days after the end of their deployment to pay property taxes; (6) Refund of Community
College tuition and refund of UNC System tuition; and (7) Those receiving the North Carolina
Legislative Tuition Grant would not lose their full-time student status during a deployment.
Effective: July 4, 2003.

SENATE BILL 939, Wireless 911 Surcharge, imposes a surcharge on wireless telephones that is
provided to the Wireless 911 Fund. Effective: January 1, 2004 if signed by the Governor, unless it
is vetoed.


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SENATE BILL 940, Disaster Leave/Volunteer Emergency Personnel, provides job protection for
volunteer fire fighters, rescue squad workers and emergency medical services personnel called into
service because of a State disaster issued by the Governor or the General Assembly or in response
to an emergency situation. The Director of the Division of Emergency Management or the head of
a local emergency management agency must request the volunteer services in writing. Effective:
May 31, 2003.

SENATE BILL 962, Require Affidavits Of Bail Bondsmen, requires bail bondsmen to submit
affidavits stating that there are no premiums owed to former insurers and that all forfeitures or
judgements have been paid. Effective: October 1, 2003.

SENATE BILL 963, Prevent Price Gouging During Disasters, prohibits price gouging during a
declared state of disaster. To determine if there was price gouging, the sale would be reviewed based
upon the average sales price in the 60 days prior to the disaster. If an investigation does not find a
violation, the seller can request a statement from the Attorney General stating that no violation was
found. Effective: When signed by the Governor, unless it is vetoed.

SENATE BILL 993, An Act To Safeguard Children, allows the State Board of Education to
automatically revoke a teacher’s certificate for anyone who is convicted of the following crimes:
murder in the first or second degree, conspiracy or solicitation to commit murder, rape or sexual
offense, felonious assault with a deadly weapon with intent to kill or inflicting serious injury,
kidnapping, abduction of children, crime against nature, incest, employing or permitting a minor to
assist in an offense against public morality and decency, dissemination to minors under the age of
16 years, dissemination to a minor under the age of 13 years, displaying materials harmful to minors,
disseminating harmful material to minors, first degree sexual exploitation of a minor, second degree
sexual exploitation of a minor, third degree sexual exploitation of a minor, promoting prostitution
of a minor, participating in the prostitution of a minor, taking indecent liberties with children,
solicitation of a child by computer to commit an unlawful sex act, taking indecent liberties with a
student, prostitution and child abuse. The Board will also have the authority to enter into contracts
with individuals who are qualified to conduct investigations to gather all information needed to assist
the Board in making determinations about allegations of misconduct. Effective: When signed by
the Governor, unless it is vetoed.

SENATE BILL 996, ABC-Sexually Explicit Conduct Banned, expands the list of unlawful activities
that can take place at a premises licensed by the ABC Commission. Any entertainment or conduct
is prohibited that shows private parts or that simulates sexual intercourse or other sex acts or any
conduct that includes fondling of private parts. It is also unlawful for a person who has an ABC
permit to fail to superintend the business in person or through a manager. These provisions do not
apply to persons operating theaters, concert halls, art centers, museums or similar establishments that
are devoted to the arts or theatrical performances when they are expressing matters of serious
literary, artistic, scientific or political value. Effective: When signed by the Governor, unless it is
vetoed.


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HOUSE BILL 13, Transylvania Hunting, prohibits hunting from the right-of-way of public roads in
Transylvania County and requires written permission, within the last 12 months, before hunting on
someone else’s land. Violation of this act is a Class 3 misdemeanor and will be enforced by the
Wildlife Resources Commission, Sheriffs, Deputy Sheriffs and other law enforcement officers.
Effective: October 1, 2003.

HOUSE BILL 24, Veterans Administration Police Officers, adds Veterans Administration police
officers to the list of other Federal law enforcement agencies that are authorized to enter into mutual
assistance agreements with local law enforcement agencies. Effective: May 14, 2003.

HOUSE BILL 42, Criminal Unauthorized Recordings, modifies the felony and misdemeanor
offenses related to unauthorized sound and video recordings, commonly referred to as “bootleg”
tapes, CDs and videos. Effective: December 1, 2003.

HOUSE BILL 63, Richmond Sheriff Vacancies, repeals a local act so that vacancies in the Office
of Sheriff for Richmond County will be filled in accordance with General Statute §162-5.1 which
provides that a vacancy in the Office of Sheriff will be filled by appointment by the Board of County
Commissioners, and the Board of County Commissioners must appoint the person recommended
by the County Executive Committee of the same political party as the departing Sheriff. Effective:
May 29, 2003.

HOUSE BILL 68, Spring Lake Red Light Cameras, authorizes the Town of Spring Lake and the
City of Newton to use traffic control cameras, commonly referred to as “red-light cameras.”
Effective: May 28, 2003.

HOUSE BILL 79, DNA Registry, requires a DNA sample from all persons convicted of a felony
or the misdemeanors of stalking and assault on a handicapped person. A DNA sample will also be
required for persons found not guilty by reason of insanity for the same crimes. The sentencing court
will be required to order any person who is not sentenced to a term of confinement to report
immediately to a location designated by the Sheriff for a DNA sample. If the sample cannot be taken
immediately, the Sheriff will inform the court of the date, time and location where the sample will
be taken. The court order will include the date, time and location for the person to appear and this
information will also be provided to the Sheriff. The Sheriff is required to inform the court if the
defendant fails to appear so that the court can issue an order to show cause.

        The SBI is required to provide to the Sheriff the necessary materials and supplies to draw a
DNA sample for a person who is not sentenced to a term of confinement. The record or sample may
not be released without the consent of the defendant to an insurance company, employer or potential
employer, health care provider, employment screening or personnel company, agency, or any other
office, corporation, partnership, private or public entity or person.




                                                 -10-
        A second DNA sample will not be necessary if a sample has been obtained in the past and
has not been expunged. A person who has been found not guilty by reason of insanity must be
committed to a mental health facility before being subject to the DNA sample requirement. Only
DNA records and samples that directly relate to the identification of individuals will be collected and
stored. The information will only be used as part of the criminal justice system to help identify the
perpetrator of a criminal offense, or where appropriate to identify potential victims of mass disasters
or missing persons. Effective: December 1, 2003 if signed by the Governor, unless it is vetoed.

HOUSE BILL 126, Evidence In Juvenile Hearings, allows hearsay evidence to be used as long as
it is relevant, reliable and necessary to determine the needs of the juvenile and to determine the most
appropriate result. This hearsay provision applies to dispositional hearings for juveniles, review of
custody orders, permanency planning reviews, and court reviews after parental rights have been
terminated. Effective: May 20, 2003.

HOUSE BILL 152, Prevent SIDS/Child Care/Investigations, requires the Department of Health and
Human Services, local departments of social services, and local law enforcement personnel to
cooperate with the medical community to ensure that reports of child abuse or neglect in day care
facilities are properly investigated. Effective: December 1, 2003 if signed by the Governor, unless
it is vetoed.

HOUSE BILL 201, Name on Ballot, requires the Board of Elections to review how each candidate’s
name will appear on the ballot, before the ballot is printed. Effective: June 19, 2003.

HOUSE BILL 248, Wilmington Personnel Records, amends the Charter of the City of Wilmington
to allow the City Manager or Chief of Police to release information to the public about disciplinary
charges against a police officer. The information can be released to the complaining person or that
person’s survivor or to any board or commission designated by the City Council to review the police
disciplinary process. The facts and circumstances of each case will also be provided to the police
officer who is the subject of the action.

        Any video tape or audio tape produced by a mobile video recorder (MVR) in a police vehicle
which recorded an event that resulted in a citizen complaint against a police officer can be reviewed
by the person filing the complaint against the police officer. Effective: June 23, 2003.

HOUSE BILL 273, Adverse Reactions to Smallpox Vaccine, provides coverage under the North
Carolina Comprehensive Major Medical Plan for state employees who volunteer for vaccination
against smallpox under the Homeland Security Act. The bill also includes family members living
in the homes of those employees who are vaccinated so that their families can recover for any
adverse medical reactions due to the vaccination. Any absences by state employees infected or
suffering reactions will not count against the employees’ sick leave or affect their salary. These
provisions would not apply to local government officials or healthcare employees since only state
employees are members of the State Health Plan.


                                                 -11-
       The bill also includes smallpox infection or adverse reactions resulting from a smallpox
vaccination as an occupational disease covered under the North Carolina Workers Compensation
Act. Contributory negligence will not be a defense to these claims. Effective: June 12, 2003.

HOUSE BILL 295, Beech Mountain Golf Cart/Utility Vehicle Regulation, allows the Town of Beech
Mountain to regulate golf carts and utility vehicles on public streets or roads within the town.
Effective: June 2, 2003.

HOUSE BILL 304, Stalking/Supervised Probation is Minimum, provides that a defendant convicted
of stalking who is sentenced to community punishment must be placed on supervised probation in
addition to any other punishment imposed by the court. Effective: December 1, 2003.

HOUSE BILL 351, Salisbury Parking Enforcement, allows the City of Salisbury to adopt and enforce
ordinances related to parking, including that a vehicle towed for a parking violation is to be held
until the towing fee and penalties related to all outstanding parking tickets and parking penalties
owed to the city are paid in full or a bond is posted. The City Council can also enact an ordinance
for the use of wheel locks on illegally parked vehicles when there are three or more outstanding
unpaid and over due parking tickets for a period of ninety days. Effective: June 3, 2003.

HOUSE BILL 352, Drug Screening and Assessment, requires a defendant who is ordered into a
residential treatment program(DART), operated by the Department of Correction, to undergo
chemical dependency screening. If it is determined that the defendant has a chemical dependency,
then the court decides the appropriate level of treatment. Effective: December 1, 2003.

HOUSE BILL 358, Increase Damage Limits For Motor Vehicle Accidents, increases the property
damage amounts for motor vehicle accidents that may result in a surcharge on insurance premiums.
A major accident would be $3,000 or more, an intermediate accident would be more than $1,800 but
less than $3,000, and a minor accident would be considered $1,800 or less. Effective: January 1,
2004.

HOUSE BILL 408, Amend Secret Peeping Law, amends the secret peeping statute to include the
viewing of all persons, not just females, and would increase the punishment to a Class I felony under
certain circumstances. The bill does not apply to law enforcement officers while discharging or
attempting to discharge their official duties, or to personnel from the Department of Correction or
a local jail for security purposes or during the investigation of alleged misconduct.

       The bill also specifically exempts the legal activities of those licensed under the Alarm
Systems Licensing Board or the Private Protective Services Board, who are legally engaged in the
discharge of their official duties. Effective: December 1, 2003.

HOUSE BILL 425, Horse Trailer as Recreational Vehicle, designates a horse trailer as a recreational
vehicle if the trailer is designed to transport four or fewer horses and provides that it does not have
to stop at DMV weight stations. Effective: July 20, 2003.

                                                 -12-
HOUSE BILL 474, Amend Mecklenburg Law Enforcement Pension Fund, provides $10,000 as a
death benefit to the surviving spouse of any full-time Mecklenburg County law enforcement officer
killed or permanently and totally physically disabled while in actual performance of the officer’s
duties. The bill also provides a college scholarship for up to $10,000 for the children of any officer
who is either killed or totally disabled. Effective: July 1, 2003.

HOUSE BILL 478, Amber Alert, renames the North Carolina Child Alert Notification (NC CAN)
system the Amber Alert System. The age of a child who is eligible under the Amber Alert System
is increased to 17 years of age or younger, and the system is expanded to include a child who is
believed to have been abducted or is believed to be in danger of injury or death. Effective: June 12,
2003.

HOUSE BILL 482, Alpha Kappa Alpha License Plate, allows the Division of Motor Vehicles to
issue an Alpha Kappa Alpha sorority special registration plate. Effective: April 10, 2003.

HOUSE BILL 497, Remove Sunset/Private Correctional Officers, allows correctional officers in
private federal prisons to continue to use force and make arrests consistent with North Carolina law.
This authorization was originally set to expire August, 2003. Effective: When signed by the
Governor, unless it is vetoed.

HOUSE BILL 510, Improper Equipment Included In Speeding, makes the offense of improper
equipment a lesser included offense of a speeding charge. Effective: December 1, 2003.

HOUSE BILL 550, Craven County Road Hunting, prohibits hunting from the right of way on certain
roads in Craven County. A violation is a Class 3 misdemeanor. Effective: October 1, 2003.

HOUSE BILL 562, Charlotte Photo Speed-Measuring Systems, allows the City of Charlotte to begin
a three-year pilot program to use photographic speed-measuring systems in designated areas. The
City of Charlotte is allowed to provide civil penalties (fines) for speeding and school zone violations
during the pilot program. The North Carolina Criminal Justice Education and Training Standards
Commission along with the Secretary of Crime Control and Public Safety will approve the standards
for the photograph speed-measuring systems. Effective: July 1, 2003 and expires June 30, 2006.
(The Governor did not sign this bill into law, but let the time expire to veto the bill so it became
effective without his signature.)

HOUSE BILL 581, Electrofishing/Waccamaw and Lumber Rivers, allows electrofishing by a person
who holds a current and valid special device license for catfish in portions of the Waccamaw River
and the Lumber River located in Columbus County. Effective: July 1, 2003.

HOUSE BILL 609, Enhance Amusement Device Safety, prohibits any person from operating or
knowingly allowing the operation of an amusement device while the operator is under the influence
of an impairing substance. These provisions apply to county fairs and other amusement park rides.
Effective: October 1, 2003, for the civil penalties and effective December 1, 2003 for the criminal
provisions.

                                                 -13-
HOUSE BILL 651, Durham Traffic Control Measures, amends the Durham City Charter to allow
the Durham City Manager to make decisions regarding routine traffic matters including speed limits,
parking restrictions and stop signs. Effective: May 27, 2003.

HOUSE BILL 655, Pembroke Creek No-Wake Zone, establishes a no-wake zone on a portion of
Pembroke Creek in Chowan County. Effective: June 12, 2003.

HOUSE BILL 684, Psychiatric Hospital Financing, provides for the financing and construction of
a new psychiatric hospital to be located in Butner, North Carolina. Effective: July 10, 2003.

HOUSE BILL 697, Troy Quick Take/Peachland/Polkton Charters, allows the City of Hickory to use
wheel locks on illegally parked vehicles. Effective: July 18, 2003.

HOUSE BILL 736, Durham Auto Tax, allows Durham to enter into an agreement with Duke
University to extend the jurisdiction of campus law enforcement officers into the City of Durham’s
jurisdiction. Effective: July 18, 2003.

HOUSE BILL 855, Various Special Registration Plates, was modified from the original bill which
was “Breast Cancer Awareness Special Plate” to allow a variety of other special plates to be included
like the Blue Ridge Parkway Foundation and Retired Law Enforcement Officers and others.

        The Senate Finance Committee further modified the bill to increase the fee that would be
charged for special registration plates by $10.00 per year with $5.00 of the fee going to the National
Heritage Trust Fund and the other $5.00 going to the Parks and Recreation Fund. Several new
license plates were added, including a “Crystal Coast” license plate.

        Legislators in the House expressed concern about the increased fee which was added by the
Senate to go to the Parks and Recreation Trust Fund and the Natural Heritage Trust Fund. The
following special registration plates are included in the bill: Alternative Fuel Vehicles, Be Active
NC, Blue Ridge Parkway Foundation, Breast Cancer Awareness, Buffalo Soldiers, Celebrate
Adoption, Crystal Coast Artificial Reef Association, Delta Sigma Theta Sorority, Fraternal Order
of Police, Friends of the Appalachian Trail, Mothers Against Drunk Driving, POW/MIA, Red Hat
Society, Retired Law Enforcement Officers, Surveyors, and Zeta Phi Beta Sorority. After a
Conference Committee was established, the $10 proposed fee on special registration plates was
approved.

        The bill also includes an authorization for the Joint Legislative Transportation Oversight
Committee to study issues related to special registration plates, including: (1) the number of special
registration plates that have not received the minimum number of applications in the three years
since their authorization and whether to repeal the authority for these plates; (2) the registration plate
background and other alternative methods of identifying North Carolina Vehicles; and (3) the fees
charged for special plates and the distribution of those fees. The Committee may seek information
from the Division of Motor Vehicles and from the organizations that receive money from the special
registration plates. Effective: January 1, 2004 with the Study effective when signed by the Governor,
unless it is vetoed.

                                                  -14-
HOUSE BILL 860, Detector Dog Trainers, as originally introduced, had many problems from a law
enforcement point of view. The bill sponsor agreed to amendments to this bill in the House
Judiciary III Committee that addressed the concerns raised by the North Carolina Sheriffs’
Association. Licensing for drug detector dogs will be through the Department of Health and Human
Services and will include a criminal background check by the Department of Justice. The applicant
is required to report all dog alerts or finds of any controlled substance to a law enforcement agency.
Law enforcement agencies, dog handlers and drug detection dogs employed or under the control of
law enforcement agencies are exempt from the licensing requirements.

        In the House Finance Committee, many of the Legislators had questions regarding potential
policy problems. A wide range of political views were represented in discussing the civil liberties
and property rights questions raised by the bill. The bill was not initially approved in the House
Finance Committee; however, on the next day the House Finance Committee again discussed the bill
and approved it. The bill was approved by the House and Senate on the last three days of the
Session. Effective: When signed by the Governor, unless it is vetoed.

HOUSE BILL 883, Mental Health Reform Waiver, allows the Secretary of the Department of Health
and Human Services to temporarily waive the requirement that a first level mental health
examination be done by a physician or eligible psychologist, and allows a licensed clinical social
worker, a masters level psychiatric nurse or a masters level certified clinical addiction specialist to
conduct the initial examination. Effective: July 1, 2003 and expires July 1, 2006.

HOUSE BILL 900, Restaurant ABC Permits, changes the definition of a restaurant for ABC permit
purposes and allows an establishment to qualify as a restaurant when their gross receipts from food
and nonalcoholic beverages are 30% instead of the previous 40% requirement. Effective: June 4,
2003.

HOUSE BILL 916, First-Responders Vaccination Program, creates a vaccination program by local
health departments and the Department of Health and Human Services for first responders to
terrorists incidents, catastrophic or natural disasters or emergencies. The vaccinations include, but
are not limited to, hepatitis A, hepatitis B, diphtheria-tetanus, influenza, pneumococcal, and other
vaccinations recommended by the U. S. Public Health Service. Participation in the vaccination
program is voluntary, except for first responders who are classified as having “occupational
exposure.” First responders will be exempt if they have a written statement from their licensed
physician or if the responder signs a written statement that the administration of the vaccination
conflicts with the first responder’s religious beliefs. No funds were provided for the vaccination
program, however, the Department of Health and Human Services has been directed to apply for
federal funds for the First Responder Vaccination Program. Effective: June 19, 2003.

HOUSE BILL 925, County Appeals of Certain Juvenile Orders, allows a county to appeal a juvenile
case, but only if the county has been ordered to pay for medical, surgical, psychiatric, psychological,
or other treatment for the juvenile or the juvenile’s parents. Effective: October 1, 2003.


                                                 -15-
HOUSE BILL 926, Assault in the Presence of Child, increases the penalty for an assault conviction
if the assault occurs in the presence of a minor child. The first violation places the offender on
supervised probation in addition to any other punishment imposed by the court and for a subsequent
violation, the offender receives an active punishment of at least thirty (30) days in addition to any
other punishment imposed by the court. The previous version of the bill included a thirty (30) day
active punishment for the first offense and a fifty (50) day active punishment for any subsequent
offenses. Effective: December 1, 2003 if signed by the Governor, unless it is vetoed.

HOUSE BILL 928, Appalachian State/Regulate Parking, authorizes Appalachian State University
to regulate parking in the Town of Boone where parking is not prohibited by an ordinance of the
Town. Effective: June 19, 2003.

HOUSE BILL 950, Juvenile Commitment to Department of Juvenile Justice and Delinquency
Prevention, requires the Department of Juvenile Justice and Delinquency Prevention to obtain a court
order before reassigning a juvenile from training school into another program in the Department.
The Court is required to find that the program will provide for the needs of the juvenile and also
must order that the juvenile be assigned to that program. Effective: October 1, 2003.

HOUSE BILL 963, Hit and Run-2 Year License Revocation, revokes a person’s license for leaving
the scene of an accident involving injury for one year, or for two years if the Court makes a finding
that a longer revocation is appropriate under the circumstances. Effective: December 1, 2003.

HOUSE BILL 987, Amend Marine Fisheries Laws, contained numerous provisions concerning the
Division of Marine Fisheries, including two provisions that extended and expanded the jurisdiction
of Marine Patrol Inspectors employed by the Division of Marine Fisheries. At the request of the
North Carolina Sheriffs’ Association, the provisions extending this law enforcement authority were
removed from the bill.

        We met with the Director of the Division of Marine Fisheries and explained the concerns of
the North Carolina Sheriffs’ Association about the proposals to expand the law enforcement
authority of the Marine Patrol Inspectors. We also offered to meet with the Director again to discuss
this issue, if the Director felt that such a meeting was advisable. Effective: July 1, 2003.

HOUSE BILL 1024, Criminal History Record Checks, adopts the National Crime Prevention and
Privacy Compact for North Carolina which provides regulations and guidelines for criminal history
record checks and the exchange of records. The Compact is supposed to facilitate the interstate and
federal-state exchange of criminal history information and to streamline the processing of
background checks for non-criminal justice purposes.

       The Department of Justice will provide information to cities from the State and National
Repositories of Criminal History records on any applicant for employment, with the applicant’s
consent. City Councils will also be allowed to require that a criminal record check be conducted on
all applicants for employment by the city and the information could be considered in hiring
decisions. Effective: June 19, 2003.


                                                -16-
HOUSE BILL 1030, Handgun Permit Fee/Retired Law Officers. As originally introduced, the bill
would have waived the entire application fee of $80 or the entire renewal fee of $75 for a retired law
enforcement officer who applied for a concealed handgun permit. At the request of the North
Carolina Sheriffs’ Association, this bill was modified to waive the $35 of the fee that is retained by
the Sheriff’s Office, but does not waive the remainder of the fee that must be paid to the SBI and the
FBI for criminal record checks.

        Another amendment requested by the North Carolina Sheriffs’ Association, requires the
retired officer applying for the concealed handgun permit fee reduction to provide a copy of the
officer’s letter of retirement from either the North Carolina Teachers’ and State Employees’
Retirement System or the North Carolina Local Governmental Employees’ Retirement System. In
addition, the retired officer will have to provide written documentation from the head of the agency
where the person was previously employed indicating that the person was neither involuntarily
terminated nor under administrative or criminal investigation within the last six months prior to
retirement. Effective: September 1, 2003 if signed by the Governor, unless it is vetoed.

HOUSE BILL 1037, Amend Juvenile Law, adds custodial personnel to the class of persons who can
be punished for allowing the escape of a person who is in the custody of the Department of Juvenile
Justice and Delinquency Prevention. The bill also allows juveniles to be photographed if they are
at least ten (10) years old and committed to a facility. The photographs will be released to the public
if the juvenile escapes from a youth development center or other juvenile facility, a hold-over facility
or a local jail, or the custody of juvenile personnel or local law enforcement officers. Effective:
October 1, 2003 with the criminal provisions becoming effective December 1, 2003.

HOUSE BILL 1118, Display Fetal Alcohol Syndrome Warning Signs, requires ABC stores to
display a sign informing the public of the effects of alcohol consumption during pregnancy. This
law only applies to ABC stores and does not apply to ABC licensed premises other than ABC stores.
Effective: July 20, 2003.

HOUSE BILL 1140, North Carolina “Quick Clearance” Act, allows an investigating law
enforcement officer with the approval of the Department of Transportation to immediately remove
from a controlled access highway any vehicle or cargo interfering with the regular flow of traffic or
otherwise causing a hazard. If a vehicle crash involves serious personal injury or death, no removal
will occur until the investigating law enforcement officer has adequate information for the
preparation of a crash report. No state or local law enforcement officer, Department of
Transportation employee or person or firm contracting or assisting in the removal or disposal of any
such vehicle or cargo (including private towing services) shall be held criminally or civilly liable for
any damage or injury related to enforcing these provisions and the owner of the vehicle will be
responsible for all costs, including storage of the vehicle.

       If an accident or collision occurs on a main lane, ramp, shoulder or median, the vehicle will
be removed as quickly as possible out of the travel lane and onto the shoulder if there has been no
death or serious injury and if each vehicle can be normally and safety driven. Effective: October 1,
2003.

                                                 -17-
HOUSE BILL 1151, Improve Rule-making Process, amends the Administrative Procedure Act to
make changes for state licensing boards and other agencies in the process for adopting permanent
and temporary rules and clarifies the role of the Rules Review Commission. Effective: July 1, 2003
for temporary and emergency rules and October 1, 2003 for permanent rules.

HOUSE BILL 1155, State Employee Payroll Deduction/Parental Savings, allows state employees
to have part of their pay withheld by payroll deduction for the Parental Savings Trust Fund
administered by the State Education Assistance Authority. Effective: June 19, 2003.

HOUSE BILL 1158, Hunting With Pistols, amends the law that previously allowed hunting of small
game with a .22 caliber pistol with a barrel of at least six inches in length. The barrel must now be
at least five and one-half inches in length. Effective: October 1, 2003.

HOUSE BILL 1159, Military Expiration of Drivers License, establishes a “military” designation on
drivers licenses for North Carolina residents on active duty, their spouses and their dependent
children which enables a license to be renewed by mail and exempts them from the required vision
test. Agents of the Department of Defense are added to the list of those eligible for confidential
license plates and for license plates issued under assumed names using false or fictitious addresses.
Effective: January 1, 2004 regarding the military designation and June 4, 2003 regarding the
confidential license plates.

HOUSE BILL 1170, Enhance Local Retirement Benefits, increases the multiplier from 1.82% to
1.85% for persons retiring from the Local Governmental Employees’ Retirement System. Effective:
July 1, 2003.

HOUSE BILL 1171, Amend Hazing Law, defines hazing as “to subject another student to physical
injury as part of an initiation, or as a prerequisite to membership into any organized school group,
including any society, athletic team, fraternity or sorority, or other similar group.” A violation is a
Class 2 misdemeanor. Effective: December 1, 2003.

HOUSE BILL 1181, Workplace Safety/Multiple Violations, requires the Commissioner of Labor to
re-inspect a workplace where a serious workplace safety violation has been found during a previous
inspection. Effective: January 1, 2004.

HOUSE BILL 1335, Adjournment of 2003 General Assembly, adjourned the 2003 Session of the
General Assembly on Sunday, July 20, 2003 with the House reconvening at 12:00 noon on Monday,
May 10, 2004. The Senate will reconvene on September 15, 2003 to consider economic
development issues and civil justice and insurance reform. The bill also provides the requirements
for bills that can be considered during the 2004 “short session” as follows:

       a.      Bills that primarily affect the State’s budget, including budgets of occupational
               licensing boards for fiscal year 2004-2005;

       b.      Bills and resolutions introduced in 2003 which have been approved by either the
               House or Senate by the cross-over deadline;

                                                 -18-
       c.      Bills and resolutions which implement the recommendations of study commissions,
               the General Statutes Commission, the House Ethics Committee or the Joint
               Legislative Ethics Committee; the Courts Commission or any other commission
               created by the General Assembly;

       d.      Any local bills which are noncontroversial;

       e.      Selection, appointment, or confirmation of members of State boards and
               commissions, including the filling of vacant positions;

       f.      Any matter authorized by a Joint Resolution passed by a 2/3rds majority of the House
               and Senate members present and voting;

       g.      Any bills affecting state or local pension or retirement systems;

       h.      Bills in memory of deceased persons or a North Carolina institution;

       i.      A joint resolution adjourning the General Assembly in 2004;

       j.      Bills to disapprove administrative rules of state agencies, or;

       k.      Constitutional amendments.

        The bill specifically provides that no “blank bills” may be introduced during the 2004 Session
in the House and authorizes the Speakers of the House and the President Pro Tempore of the Senate
to appoint committees and subcommittees to meet during the interim between the adjournment of
the 2003 Session and the beginning of the 2004 Session. Effective: July 20, 2003.

                                  2003 - 2004 STATE BUDGET


Area Mental Health Administrative Costs, requires that area mental health, developmental
disabilities and substance abuse programs cannot have administrative costs that exceed 13%.

Public Defender Study, requires the Office of Indigent Defense Services to study the establishment
of additional public defender districts.

Adjust Magistrates Authorizations, decreases the minimum number of magistrates in Martin County
from 5 to 4 and in Duplin County from 9 to 8. The minimum number of magistrates in Swain
County is increased from 3 to 4.

Criminal Records Checks/Concealed Handgun Permits, requires the Department of Justice to report
each year on the receipts, costs, and the number of criminal record checks performed in connection
with applications for concealed weapon permits.

                                                -19-
Rape Kits a Priority, requires the Department of Justice to process rape kits as quickly as possible,
with a special emphasis on processing kits from cases that have been outstanding for the longest
period of time. The Department is directed to work with local law enforcement agencies to
determine how many untested or unanalyzed rape kits exist and how many rape kits are collected as
evidence each year. The Department of Justice is also required to request information to determine:
(1) the interest of private vendors in providing analyses of forensic samples of DNA from rape kits
in which there is no suspect; (2) the qualifications of any private vendors who are interested; and (3)
the estimated cost of contracting with private vendors to provide analyses of forensic DNA samples.

Transfer Computer Crimes Agents, provides that effective July 1, 2004, the seven State Bureau of
Investigation agents funded in 2003-2004 with federal funds from Computer Crimes grants may be
transferred to other SBI agent positions.

Reimburse Counties for Inmates, authorizes the Department of Correction to pay counties $40 per
day per inmate for backlogged State prisoners housed in the county jail awaiting transfer to the State
prison system.

Use of Closed Prison Facilities, requires the Department of Correction to consult with local
governments, other state agencies and private firms about the possibility of converting closed prisons
to other uses.

Electronic Monitoring Costs, requires the Department of Correction to obtain information on
whether private vendors could provide electronic monitoring of sentenced offenders in the
community as an alternative to the incarceration of probation violators.

Transfer CJIN to Crime Control, transfers the Criminal Justice Information Network (CJIN)
Governing Board from the State Bureau of Investigation to the Department of Crime Control and
Public Safety.

Victims Assistance Network Report, requires the Department of Crime Control and Public Safety
to report to the General Assembly on the funding and activities of the Victims Assistance Network
by December 1st of each year.

ALE Agents Subject to State Personnel Act, provides that all Alcohol Law Enforcement (ALE)
agents of the Department of Crime Control and Public Safety are subject to the State Personnel Act.

Sell Surplus/Confiscated Property Electronically, amends G.S. 15-14.1 to allow sheriffs’ offices and
police departments that are authorized to sell property to conduct the sale through an electronic
auction service after complying with currently existing law on publication of notice about the sale.

Legislative Review of Drug Law Enforcement and Other Grants, requires the Governor’s Crime
Commission to report to the General Assembly on federal drug law enforcement grants and allows
the Joint Legislative Commission on Governmental Operations to review applications for federal
grants when the General Assembly is not in Session.


                                                 -20-
Retired State Employees, provides that retired state employees will receive a 1.28% increase in their
retirement benefits. This provision in the State budget bill only applies to retired state employees
and does not apply to retired local government employees. There is separate legislation (House Bill
1170) pending in the General Assembly in the House Appropriations Committee that will increase
the retirement benefits for local government retirees, if it is enacted into law by this year’s General
Assembly.

Drivers License Fees, increases the fee for an automobile drivers license and for a motorcycle
endorsement by 50 cents per year for each year that the license or endorsement is valid. These
additional fees will be used to fund 45 new DMV drivers license examiners in 2003-2004 and
another 25 new DMV drivers license examiners in 2004-2005.

Acquire Two Private Prisons, authorizes the State to acquire two prisons that are currently being
leased from Correctional Properties Trust. These facilities are the Mountainview Correctional
Facility located in Avery County and the Pamlico County Correctional Facility.

Youth Development Centers, authorizes up to $6.8 million to obtain the design, construction
drawings and solicitation of bids for construction of three youth development centers totaling up to
500 beds to be operated by the Department of Juvenile Justice and Delinquency Prevention. These
funds include development of the utility infrastructure and site work for one of the three centers.

Lease-Purchase New Prisons. The Department of Correction was previously authorized to contract
for the construction of three close security correctional facilities totaling up to 3,000 cells. This
provision authorizes DOC to contract for an additional three close security correctional facilities
totaling up to 3,000 cells. It also provides that the two 1,000 close security prisons being constructed
in Greene and Bertie Counties be constructed in accordance with the North Carolina State Building
Code.

Expand SBI Lab Molecular Section, provides six additional SBI Agent scientists for the SBI Lab to
increase the Lab’s capacity for DNA testing. This provision also requires the SBI to consider how
to increase the efficiency of available lab space by increasing the lab’s hours of operation. The SBI
is also provided $516,000 to expand the size of the Molecular Genetics Section and to purchase
equipment. If legislation is enacted to require DNA samples to be taken from all convicted felons,
this provision will also fund five additional positions for the SBI lab to handle the DNA samples
collected from convicted felons.

Department of Correction DNA Collection, authorizes the Department of Correction to employ
seven additional correctional officers if legislation is enacted to require DNA samples to be taken
from all convicted felons.

State Highway Patrol Troopers, provides funding for an additional 25 State Highway Patrol
Troopers.



                                                 -21-
Divert Proceeds From Wireless 911 Fund. In 1989, the General Assembly enacted legislation to
allow local governments to charge a fee to each telephone subscriber in their jurisdiction for their
local Emergency Telephone System Fund. Money collected in this fund can be used by the local
government to provide for a 911 emergency telephone system or E-911 system by the purchase of
emergency telephone equipment, including hardware, software and databases. The General
Assembly’s 2003-2004 budget does not make any changes in this program.

        In 1998, the General Assembly enacted legislation to create the Wireless Emergency
Telephone System Fund (Wireless Fund). This law allows the Wireless 911 Board to collect a
monthly service charge on all cellular telephones. Sixty percent (60%) of the funds in the Wireless
Fund go to wireless telephone companies and forty percent (40%) of the funds go to dispatch centers
for public safety agencies. Money paid out of the Wireless Fund must be used to update equipment
so that the public safety dispatch center can determine the physical location of a caller who uses a
cellular telephone to place a 911 call. The General Assembly diverted $33 million for 2003 and $25
million for 2004 from the Wireless 911 Fund to help balance the state budget. This transfer of
money from the Wireless 911 Fund to the state budget does not involve the transfer of any money
from local Emergency Telephone System Funds maintained by local government that were collected
from charges paid by local telephone subscribers on their “land-line” telephone service.

Mental Retardation Center Downsizing, requires the Department of Health and Human Services
(DHHS) to begin cost-containment and reduction strategies to ensure the down-sizing of the State’s
regional mental retardation facilities by four percent (4%) each year. This provision also requires
that any savings that result from the reduction of beds or services shall be transferred from DHHS
to area and county mental health programs.

Mental Retardation Center Transition Plan, requires the Department of Health and Human Services
to develop a plan for the reorganization of outreach services performed by the State mental
retardation centers. The plan must include the elimination of self-referrals by the mental retardation
centers. A report on the Department’s activities must be submitted to the General Assembly by
February 1, 2004.

Divide Superior Court District 19B, places Montgomery and Randolph Counties in a new district
19B and places Moore County in a new district 19D for superior court judgeships.

State Employees’ Bonus, provides that state employees get a one-time, lump-sum compensation
bonus for the 2003-2004 fiscal year of $550 and receive a one-time additional ten days of annual
leave. These bonuses do not apply to any member of the State Highway Patrol that receives a salary
step increase during the 2003-2004 fiscal year pursuant to G.S.§20-187.3.

State Employees Share Leave, allows state employees to share leave with a co-worker’s immediate
family member who is also an employee of a state agency, community college, or public school.

Public Safety Death Benefit, increases the amount of the death benefit paid when a law enforcement
officer, firefighter, rescue squad worker or senior civil air patrol member is killed in the line of duty.
This death benefit is increased from $25,000 to $50,000.

                                                  -22-
Separate Insurance Benefits Plan. Article 12F of G.S. Chapter 143 previously provided that $1 of
court costs go to a Separate Insurance Benefits Plan to provide an accident and sickness disability
insurance benefit and some life insurance benefits for state and local law enforcement officers. This
Plan currently has over $43 million in assets. According to the actuary for the Retirement Systems
Division, this Separate Insurance Benefits Plan is financially sound and has enough assets to provide
the benefits without additional contributions from court costs at this time. For that reason, the
General Assembly redirected the $1 of court costs that previously went to this Plan and it now goes
to the District Court and Superior Court General Court of Justice fees (which go to the State’s
General Fund.)

Study Benefits Plans, creates a Study Commission to study the plan design, funding and
administration of: (1) the state disability income plan; (2) the state death benefit plan; and (3) the
separate insurance benefits plan for law enforcement officers. This study commission is required
to submit a report to the General Assembly by January 1, 2005.

State Employee Disability. Current law defines a disabled state employee as a person who “is no
longer able to perform his usual occupation.” This budget provision changes that definition to
provide that a state employee is disabled if the state employee “is unable to perform the duties of the
participant’s job or any other available jobs with the State.” The change in the definition of a
disabled state employee does not apply to any state employee who was vested in the disability plan
on July 1, 2003 but it will apply to new state employees and it will also apply to current state
employees who were not yet vested in the disability plan by July 1, 2003.

Study Benefit for State Employees, creates a Study Commission on Establishment of a Statewide
Benefit Committee to Provide a Menu of Portable Supplemental Benefits for all State Employees.
This Commission will study whether or not the General Assembly should establish a Statewide
Benefit Committee to provide a menu of portable supplement benefits for all State employees, rather
than the current system of a committee in each payroll unit. This Commission shall report to the
General Assembly by January 1, 2005.

School Resource Officers, reduces funding for school resource officers because there are fewer high
schools than originally projected, resulting in four fewer school resource officers.

Department of Justice Positions, eliminates 16 positions in the Department of Justice.

Eliminate Roanoke-Chowan Drug Task Force Funding, eliminates funding of $125,000 to the
Roanoke-Chowan Drug Task Force.

Unauthorized Substance Tax, reduces the operating budget by over $28,000 per year for the
Unauthorized Substance Tax Division in the Department of Revenue.




                                                 -23-
Toll-Free Telephone Line For Retirement Systems Division, authorizes the Retirement Systems
Division to maintain a toll-free telephone number for members outside the local Raleigh calling area.

Mental Health Trust Fund, provides $12.5 million for the Mental Health Trust Fund to continue
mental health system reform.

                                    PENDING LEGISLATION

         Many bills filed in the General Assembly this year were not completed by the end of the
Session on July 20, 2003. Some of the bills were not completed because there was not enough time
for discussion, others were not completed because they had a great deal of opposition or controversy.
Below is a discussion of important bills that are still pending at the Legislature and we have
indicated whether or not the bill is eligible for consideration during next year’s session. Even if a
bill is not technically eligible for next year, there is always the possibility that the substance of the
bill could be put into another bill or that the leadership of either the House or the Senate will find
a way to make the bill move through the process. We always assume that a bill is never completely
“dead” until the final adjournment of the session.

SENATE BILL 6, Ban Video Poker/All But Reservations, Senator Albertson introduced Senate Bill
6, Ban Video Poker/All But Reservations, which is the same as Senate Bill 1008, that got stalled in
the House in 2002 after being approved in the Senate. The bill would ban all video poker machines
in North Carolina, regardless of whether they are paying out cash payments or not, except for those
on Indian Reservations.

        The Senate Judiciary I Committee considered Senate Bill 6, Ban Video Poker/All But
Reservations, and the Chairman of the Committee, Senator Clodfelter, agreed to have the Sheriffs
present several speakers in favor of the bill. Senator Albertson spoke on behalf of the bill and
Sheriff Jim Pendergraph, President of the North Carolina Sheriffs’ Association, made a presentation
to the Committee regarding the difficulties of enforcement and the investigation he was conducting
in Mecklenburg County. The Committee also recognized the following Sheriffs who were present
at the meeting in support of the bill:

                Sheriff Thomas Breedlove (Vance County)
                Sheriff Ed Brown (Onslow County)
                Sheriff Earl Butler (Cumberland County)
                Sheriff Sid Causey (New Hanover County)
                Sheriff Jerry Jones (Franklin County)
                Sheriff James Knight (Edgecombe County)
                Sheriff Litchard Hurley (Randolph County)
                Sheriff Glenn Maynor (Robeson County)
                Sheriff Jim Pendergraph (Mecklenburg County)
                Sheriff Mark Shook (Watauga County)


                                                  -24-
               Sheriff David Smith (Granville County)
               Sheriff Richard Webster (Chatham County)
               Lt. Chris Boykin (Wilson County)

       Several other speakers spoke in favor of the bill, including the Christian Action League, the
Conference of District Attorneys, the North Carolina Family Policy Council, the North Carolina
Department of Crime Control and Public Safety, and two members of the general public. There were
no speakers in opposition to the bill, and upon Senator Albertson’s motion to approve the bill, it was
approved unanimously in Committee.

        The bill was approved by the full Senate by a vote of 48 to 1 (the only no vote was from
Senator Hugh Webster). The bill was then sent to the House where it was referred to the House
Rules Committee. This is the committee where similar legislation was sent during last year’s
legislative session and the committee did not consider the bill. This is the committee where
legislation is often sent because it is of importance to the House Leadership and typically, bills are
not considered by this committee without the approval of the Speaker of the House.

       Since the bill was sent to the House Rules Committee in April, we have been discussing the
importance of this legislation with the House Leadership and requesting that Senate Bill 6 be
scheduled for a vote.

        During the last week of the 2003 Session, we were advised by House Co-Speakers Jim Black
and Richard Morgan advised that a House Select Committee on Video Gaming will be appointed
by them to examine in detail the issues related to video gaming machines in North Carolina. This
Select Committee will consist primarily of House members, and perhaps a few non-legislative
appointees. This study will be conducted this Fall and during the Spring of 2004 and will submit
a report to the 2004 Session of the General Assembly which will convene next May.

       Under the rules of the House and Senate, Senate Bill 6 is eligible for consideration during
the 2004 General Assembly and the report of the Select Committee will also be eligible for
consideration during the 2004 Session of the General Assembly.

         The Co-Speakers have agreed that legislation related to video gaming can be considered and
voted upon by the 2004 Session of the General Assembly. While it was the preference of the North
Carolina Sheriffs’ Association that this legislation be considered and voted upon in 2003, there were
some legislators who felt that the issue needed closer examination and that it is more appropriate for
it to be considered, debated and voted upon during the 2004 Session of the General Assembly.

       The North Carolina Sheriffs’ Association is grateful for the time that the House Leadership
has spent listening to Sheriffs’ concerns on this issue, and is especially appreciative of the
commitment by House Co-Speakers Black and Morgan that this issue will be considered, debated
and voted upon during the 2004 Session of the General Assembly.



                                                -25-
SENATE BILL 54, Law Enforcement Officer Discipline, would require law enforcement agencies
to establish procedures for the investigation and discipline of law enforcement officers and provide
for judicial review of the investigations and disciplinary actions. This bill is commonly referred to
as the “Peace Officer Bill of Rights” and is identical to the bills introduced on this topic in the 1999
and 2001 sessions.

        The bill also would provide that no officer can be discharged, suspended, or demoted for
disciplinary reasons, except for just cause. Each agency or department that employs law enforcement
officers would be required to establish due process procedures for disciplinary actions to include,
at a minimum, the right to a hearing before an impartial board or hearing officer, the right to be
represented by an attorney at the officer’s expense, the right to examine adverse witnesses, the right
to call witnesses and present evidence, and the right to record all hearings.

         The bill would allow the employing agency to immediately suspend any officer if the
officer’s continued presence on the job would be a threat to the welfare of the agency or the public
or if the officer refuses to obey a direct order. The North Carolina Sheriffs’ Association strongly
opposes Senate Bill 54. The bill was referred to the Senate Judiciary I Committee and has received
no further action. This bill does not appear to be eligible for further consideration next session.

SENATE BILL 63, President Pro Tempore and Speaker Appointments Bill, appoints persons to
various public offices. Since the Appointments Bill was not approved before adjournment, the
appointments do not become effective and the persons currently serving will continue to serve until
a successor is appointed. Now that the General Assembly is adjourned, the Governor can officially
make the appointments as recommended by the Speakers of the House and the President Pro
Tempore of the Senate if the General Assembly leaders ask the Governor to do so. In addition, it
is possible that when the Governor calls the General Assembly back into session this Fall to deal
with redistricting, the Governor could authorize the General Assembly to consider the Appointments
Bill at that time. Regardless of which procedure is used, it is likely that the proposed appointments
will be made as follows:

       The President Pro Tempore of the Senate appointed Michael Robertson of Lee County to the
North Carolina Sheriffs’ Education and Training Standards Commission for a term expiring on June
30, 2005. The Speakers of the House appointed Sheriff Steven Bunn of Bladen County to the North
Carolina Sheriffs’ Education and Training Standards Commission for a term expiring on June 30,
2005.

       The President Pro Tempore of the Senate appointed Bonnie Boyette of Nash County and
Robert Lewis of Wake County to the North Carolina Criminal Justice Education and Training
Standards Commission for terms expiring June 30, 2005 and Wade Anders of Cumberland County
and Terry Waterfield of Pasquotank County for terms expiring on June 30, 2006. The Speakers of
the House appointed Billy Anderson of Wilkes County, Gary Mason of Randolph County, Vernon
Bryant of Halifax County and Kevin Wallace of Wake County to the North Carolina Criminal Justice
Education and Training Standards Commission for terms expiring on June 30 2006.


                                                 -26-
       The Speakers of the House appointed Neal Allen of Randolph County, Chief Robert Cherry
of Edgecombe County, Belinda Gurkins of Pitt County, Leigh Horner of Orange County and William
Tant of Nash County to the Wireless 911 Board for terms expiring on June 30, 2007.

       The President Pro Tempore of the Senate appointed Joyce Cutler of Beaufort County to the
Crime Victims Compensation Commission for a term expiring on June 30, 2006. The Speakers of
the House appointed Margaret Eichelberger of Wayne County to the Crime Victims Compensation
Commission for a term expiring on June 30, 2004.

      The President Pro Tempore of the Senate appointed the Honorable J. B. Evans of Columbus
County and Martin Chriscoe of Wake County to the Criminal Justice Information Network
Governing Board for terms expiring on June 30, 2007.

       These appointments are all subject to change since the bill was not enacted by the General
Assembly and there may be changes when the bill is considered again. This bill is eligible for further
consideration next session.

SENATE BILL 75, Life Sciences Bond Authority, was a bill that has been filed during the beginning
of Session, but was used on the last days of Session as a vehicle to add amendments and other issues
that either the Senate or House wanted to address.

        The bill includes a transfer of $400,000 from the Department of Correction to the Victims
Compensation Fund in the Department of Crime Control and Public Safety for the 2003-2004 fiscal
year. In addition, an amendment was made for the State Highway Patrol Division in the Department
of Crime Control and Public Safety to establish a motorcycle unit in Mecklenburg County to serve
the Western part of the State.

        These amendments were adopted in the House on July 20, 2003 at 12:55 a.m. However,
neither the House nor the Senate agreed with all of the amendments and a Conference Committee
was appointed of both House and Senate members. The Conference Committee could not agree on
the final bill and the Session adjourned without a final resolution. The bill remains in the
Conference Committee and will be eligible for further consideration next session.

SENATE BILL 207, Restructure Prior Criminal Record Points, would change the structured
sentencing for felonies by changing the point range that a defendant falls into based on the
defendant’s prior record in sentencing categories. The result of this bill would be to lower the length
of sentences for felony convictions. This bill was referred to the Senate Judiciary I Committee and
received no further action. This bill does not appear to be eligible for consideration next year.

SENATE BILL 208, Sentence Lengths, would increase the sentence length between prior record
levels in the structured sentencing grid. This change was recommended by the North Carolina
Sentencing and Policy Advisory Commission and would lower the length of sentences for felony
convictions. This bill was referred to the Senate Judiciary I Committee and has received no further
action. This bill does not appear to be eligible for consideration next year.

                                                 -27-
SENATE BILL 527, Death By Vehicle, would create the new offense of “death by vehicle” which
would be punished as a Class I felony. A person would commit the offense of death by vehicle if
they unintentionally caused the death of another person while passing a stopped school bus, while
driving recklessly, while driving on the wrong side of the road, while running through a stop sign
or red light, while speeding 15 miles per hour or more over the speed limit or speeding in a school
zone. The bill was referred to the Senate Judiciary II Committee and has received no further action.
This bill does not appear to be eligible for consideration next session.

SENATE BILL 758, More Small Employer Health Insurance Available, would allow a trade
association to obtain a license to provide a group health plan for employers who are members of the
association. The association would be required to consist of members who are in the same business
or profession within the State, the association must have been in existence for at least 25 years, the
plan must have two or more employers, must be non-profit and incorporated in North Carolina, and
must maintain an FDIC reserve of $1 million. The bill would also allow two or more trade
associations to jointly sponsor a trade association group health plan. This bill was approved by the
Senate and is currently in the House Insurance Committee. This bill is eligible for consideration next
session.

       A provision was included in the Studies Bill which would review the availability of health
insurance for small businesses and trade associations. The Legislative Research Commission would
study whether the Small Employer Group Health Insurance Reform Act should be revised to increase
the availability of health insurance offered to small employers in North Carolina. Although the
Studies Bill was not enacted into law, the Senate or House may appoint its own study for this health
insurance issue.

SENATE BILL 803, Casino Nights, would authorize non-profit organizations in North Carolina to
operate “Casino Nights.” This bill was referred to the Senate Commerce Committee where it has
received no further action. This bill does not appear to be eligible for consideration next session.

SENATE BILL 852, Organ Donor Organizations/Access to DMV Records, would require the
Division of Motor Vehicles (DMV) to establish a statewide Organ Donor Internet site to help organ
donation organizations and eye banks have timely access to those who have notified DMV that they
intend to be organ donors. The bill would also modify the current privacy limitations for the use of
personal information provided to DMV so that information can be used on the internet site. The
License to Give Trust Fund Commission would be created to decide upon criteria for grants to
educate and promote organ and tissue donation.

        The bill was amended in the Senate Finance Committee to remove the provisions which
authorized DMV to collect a voluntary $1 contribution to the License to Give Trust Fund from
drivers license or special identification card applicants and also removed funding for the Trust Fund.
Instead, fees would be increased for Class A, B, and C drivers licenses and for duplicate licenses by
five cents (5¢). The funds from the increase would be used to update the internet site and the


                                                -28-
remainder would go to the Trust Fund. This bill has been approved by the Senate and is currently
in the House Finance Committee. This bill does not appear to be eligible for consideration next
session.

SENATE BILL 924, Reduce Scope/Size Boards & Commissions/Study, would authorize the
Legislative Research Commission to study the more than 400 boards and commissions in this State
to determine if there is a need to reduce the size or scope or abolish any of these boards or
commissions. This bill was referred to the Senate Rules Committee and has received no further
action. This bill does not appear to be eligible for consideration next session.

        The Studies Bill included a provision to allow the Legislative Research Commission to
review the size and scope of boards and commissions. The Commission would consider
consolidating boards and commissions, reducing the number of members serving on boards and
commissions, reducing the number of meetings, changing the scope and authority of boards and
commissions and eliminating certain boards and commissions where appropriate. Although the
Studies Bill was not enacted, the House or Senate could authorize their own commission to review
this issue.

SENATE BILL 969, Sexual Privacy Act, would repeal the law that makes it a felony to engage in
a crime against nature with another person, but would retain the law that makes it a felony to engage
in a crime against nature with a beast. This bill would also amend the definition of prostitution to
remove offenses that occur “without hire” but would continue to include offenses that are “for hire.”
This bill was referred to the Senate Judiciary II Committee where it has received no further action.
This bill does not appear to be eligible for consideration next session.

       A decision was recently reached by the Supreme Court of the United States which declared
a Texas sodomy law unconstitutional because it specifically made sexual acts in private between
same sex partners illegal. It is unclear whether this will affect North Carolina law and Attorney
General Roy Cooper has announced that he will make a decision about any changes in the
enforcement of the laws.

SENATE BILL 972, Execution Delay/Study, would establish a two year moratorium on all
executions of persons convicted of crimes and sentenced to the death penalty. The bill was approved
by the Senate and was referred to the House Rules Committee. This bill, as amended would prohibit
the Secretary of Correction, between now and June 1, 2005, from scheduling an execution date for
any person that has been sentenced to death under State law. During this time, there would be a
study to examine adequacy of the counsel, the potential affect of the locale of a crime, the
proportionality of the use of the death penalty, possible prosecutorial misconduct, the cost of the
death penalty system and possible discrimination and how those issues affect the use of the death
penalty under North Carolina law.

       The bill specifies that the study would be conducted by the General Assembly “or its
designees.” Assigning a study to “designees of the General Assembly” is very unusual. Normally,


                                                -29-
studies are assigned to the General Assembly or assigned to a study commission that is established
in a law which specifies who will appoint members of the study commission. The unusual language
in this bill is extremely open-ended and would allow the General Assembly to assign this study to
any special interest group or other organization that: (1) may not be responsive to the political wishes
of the citizens of North Carolina; or (2) may have a vested interest in the outcome of the study.

         This issue has received wide coverage in the press and is a very volatile issue for many
legislators and North Carolina citizens. The House Rules Committee held a public hearing on the
issue and let opponents and supporters of the moratorium speak on the issue. The North Carolina
Conference of District Attorneys presented several speakers who oppose the moratorium and
testified that the protections in the law that are already in place are sufficient. The bill remains in
the House Rules Committee and is eligible for consider next session.

HOUSE BILL 108, Habitual Misdemeanor Larceny/Felony, would create the new offense of habitual
misdemeanor larceny. If a person is 18 years of age or older and commits misdemeanor larceny on
five or more separate occasions, the person would be guilty of the offense of habitual misdemeanor
larceny which would be a Class H felony. This bill is currently in the House Appropriations
Committee to determine the impact on prison space and the potential costs. This bill does not appear
to be eligible for further consideration next session.

HOUSE BILL 151, Law Officers’ 25-Year Retirement, would allow law enforcement officers to
retire with unreduced benefits after 25 years of service. Many members of the House Pensions and
Retirement Committee spoke about their support for law enforcement officers in their communities
and across the State, but they also expressed concerns about the amount of money necessary to fund
a 25 year retirement, especially in light of the State’s current financial situation.

        Despite their reservations, the bill was approved by the House Pensions and Retirement
Committee and sent to the House Appropriations Committee. The Legislative Staff advised the
Pensions and Retirement Committee that the cost of this legislation would be approximately $5
million per year for state government and approximately $14 million per year for local government.
Funding for this benefit has not been included in the 2003-2004 Budget. Without funding for this
legislation, it is extremely unlikely that this legislation will be considered further. This pattern has
occurred in previous legislative sessions where the Pensions and Retirement Committee approved
the bill, only to send it to the Appropriations Committee to die. Twenty-five year retirement
benefits for law enforcement officers is supported by the North Carolina Sheriffs’ Association.
This bill is eligible for consideration next session.

HOUSE BILL 241, Amend Drug Trafficking Law, would revise the drug trafficking laws so that
sentences under the trafficking provisions could not be suspended and must include a minimum and
maximum term of imprisonment that is consistent with the class of offense and the prior record level
of the defendant. The bill would also reduce the amount of the drug necessary to trigger the
trafficking provision for marijuana, methacholine, cocaine, amphetamines, opium, Lysergic Acid
Diethyl lamide or MDA and MDMA. The person being sentenced under these drug trafficking


                                                 -30-
violations may not receive a suspended sentence or be placed on probation unless the defendant
provided substantial assistance. The penalties in this bill would also apply to an attempt to commit
any of the trafficking offenses.

       According to calculations made by the North Carolina Conference of District Attorneys, this
bill would reduce the prison sentences for 90% or more of the drug traffickers sentenced to prison
in North Carolina. This bill was considered by the House Judiciary IV Committee for several weeks
and we attended several meetings and spoke to all the members of the Committee to remind the
Committee that this bill is OPPOSED by the North Carolina Sheriffs’ Association.

        Because of the strong opposition to this bill from the criminal justice community, the bill
sponsor asked that the bill be removed from the Committee’s agenda. The bill was removed from
the Committee’s agenda and we have been assured by the Committee Chairman that this legislation
will not be considered any further in that Committee during the 2003-2004 Session of the General
Assembly. Groups that oppose this legislation include:

North Carolina Sheriffs’ Association
North Carolina Law Enforcement Officers Association
North Carolina Association of Chiefs of Police
North Carolina Police Executives Association
North Carolina Narcotics Enforcement Officers Association
North Carolina Conference of District Attorneys
North Carolina Victim Assistance Network (NCVAN)
North Carolina Attorney General’s Office (Attorney General Roy A. Cooper)

        This bill does not appear to be eligible for consideration next session. The Legislative
Research Commission was authorized to do a study on possible revisions to the drug trafficking laws
based upon this bill. Since the Studies Bill was not enacted this Session, this study has not been
authorized, however either the House or the Senate may authorize their own study to review the drug
trafficking laws and may make recommendations for next session.

HOUSE BILL 242, Amend Habitual Felon Law, would punish habitual felons three classes higher
than the offense classification for the actual offense, but in no case higher than Class C and would
also require an active sentence for habitual felons. Currently all habitual felons are punished as
Class C felons so this legislation would actually reduce the penalty for some habitual felons.

        Prison sentences would be reduced for certain habitual felons who have been convicted of
four or more felonies. We attended numerous meetings on this legislation and spoke to all of the
members of the House Judiciary IV Committee. We told the Committee members that this
legislation is OPPOSED by the North Carolina Sheriffs’ Association.

       Because of the strong opposition to this bill from the criminal justice community, the bill
sponsor asked that the bill be removed from the Committee’s agenda. The bill was removed from


                                               -31-
the Committee’s agenda and we have been assured by the Committee Chairman that this legislation
will not be considered any further in that Committee during the 2003-2004 Session of the General
Assembly. Groups that oppose this legislation include:

North Carolina Sheriffs’ Association
North Carolina Law Enforcement Officers Association
North Carolina Association of Chiefs of Police
North Carolina Police Executives Association
North Carolina Narcotics Enforcement Officers Association
North Carolina Conference of District Attorneys
North Carolina Victim Assistance Network (NCVAN)
North Carolina Attorney General’s Office (Attorney General Roy A. Cooper)

        This bill does not appear to be eligible for consideration next session. The Studies Bill of
2003 authorizes the Legislative Research Commission to study the habitual felon law based upon
this bill. Although the Studies Bill was not enacted this Session and the Commission is not
authorized to perform this study, either the House or the Senate may authorize their own study of the
habitual felon law and make recommendations for next session.

HOUSE BILL 246, Adjust B1-E Felony Penalties, would change the structured sentencing
provisions for felons by increasing the point spread that the defendant falls into based on the
defendants prior record in sentencing categories. The result of this bill would be to lower the length
of sentences for felony convictions. This bill was referred to the House Judiciary IV Committee and
received no further action. This bill does not appear to be eligible for consideration next session.

HOUSE BILL 281, Technical Corrections Act. The Technical Corrections Act is usually approved
each year during the Session. The purpose of this bill is to correct minor and technical errors either
in the wording of the law, spelling, punctuation and other minor problems. Over the years this bill
has been used to make substantive changes in the law during the end of the Session when there is
little discussion or debate. This year the House submitted a technical corrections bill which was
truly technical in nature. The Senate then tried to add various provisions, including the funding of
the cancer center at UNC and biomanufacturing training centers at N. C. State, N. C. Central and
various community colleges.

        The House would not approve of these additions to the technical corrections bill and although
the House and Senate negotiated for several days, they adjourned without approving the bill. The
bill remains in the Conference Committee between the House and Senate to be negotiated next May.
We expect that by the time they review this bill again, there will continue to be more changes and
additions made. This bill is eligible for consideration next session.

HOUSE BILL 608, Raleigh Police Jurisdiction Outside City, was introduced originally as a blank
bill with the title: “City of Raleigh Local Act.” It was considered by the House Local Government
II Committee and an amendment was approved to allow language to be added to the bill to extend


                                                -32-
the jurisdiction of the Raleigh Police Department two (2) miles outside the corporate limits of the
City of Raleigh. Currently, as with almost all other cities in North Carolina, the Raleigh Police
Department has extraterritorial jurisdiction of one (1) mile from the city limits.

       When the bill was considered by the full House, the bill sponsor explained that the bill was
requested so that the Raleigh Police Department would have jurisdiction throughout all areas of the
Raleigh-Durham Airport and so that Raleigh Police officers would have jurisdiction when going
from one area within the city limits to another area within the city limits when they have to travel
outside the city limits.

        During the debate of this bill by the full House, it was determined that several legislators
from Raleigh had no notice that this local bill was going to be amended and considered and none of
the legislators representing Durham County had any notice that this local bill would be considered.
Representatives from Durham County were concerned that this bill would authorize the Raleigh
Police Department to exercise jurisdiction within the limits of Durham County and that in some
places it would authorize the Raleigh Police to exercise jurisdiction within the city limits of the City
of Durham.

         Only the bill sponsor spoke in favor of the bill. Several legislators who represent Wake
County or Durham County spoke against approving the bill and some legislators from other parts
of the state spoke against the bill on procedural grounds alone. The opposition to the bill was based
on: (1) extending the police department’s jurisdiction into an area of another county served by a
different Sheriff and served by a different police department; and (2) consideration of a local bill
without advance notice to all legislators representing Wake County and Durham County.

       After an extended debate, a legislator from Wake County moved that the bill be removed
from the agenda and sent to the House Rules Committee. The bill remains in the House Rules
Committee and does not appear to be eligible for consideration next session.

HOUSE BILL 670, Motorcycle Safety Act, would allow a motorcycle operator who is at least
twenty-one years old and has had a motorcycle license for one year, to operate a motorcycle without
a helmet. The bill would also allow a passenger to ride without a helmet if the passenger is twenty-
one years old and is riding with an operator who is not required to wear a helmet. This bill was
referred to the House Judiciary III Committee where it received no further action. This bill does not
appear to be eligible for consideration next session.

HOUSE BILL 674, The Studies Act of 2003. This is a bill that is usually enacted every session to
study various issues that have been raised in the bills that are filed. The Studies Bill authorizes these
studies between the long and short sessions by legislators and the staff at the General Assembly. The
Legislative Study Commission and the Legislative Research Commission were authorized to study
a wide variety of issues based on bills filed this legislative session. There were over ninety different
studies placed in the bill. The Studies Bill was not enacted as negotiations broke down between the
House and the Senate on the last day of the Session and a compromise could not be reached. The
bill remains in the Conference Committee where it will be negotiated between the House and Senate.


                                                  -33-
       Although this bill was not enacted before the end of the Session and these studies have not
been authorized, both the House and the Senate can establish their own study committees about the
same issues. This bill is eligible for consideration next session.

HOUSE BILL 732, Street Gang Terrorism Prevention Act, would enact the North Carolina Street
Gang Terrorism Prevention Act of 2003. This law would define “criminal street gangs” and
“patterns of criminal gang activity” and would provide specific punishments for persons who engage
in this activity. It would also provide for the seizure and forfeiture of property, profits or proceeds
that are directly or indirectly related to criminal gang activity. This bill was approved by the House
Judiciary III Committee and was referred to the House Appropriations Committee since the bill
would require funding of over $1.7 million for the 2004-2005 fiscal year and over $3 million for the
2005-2006 fiscal year. The bill was removed from the House Appropriations calendar and the
sponsor of the bill announced that funding could not be found this year, but he hoped to find the
funds for this act next session. This bill is eligible for further consideration next session.

HOUSE BILL 788, Durham Towing, would allow the City of Durham to regulate fees for privately
towed vehicles. This bill was filed without any content (a "blank" bill). Often "blank" bills are
amended later to provide more definite language. This bill does not appear to be eligible for
consideration next session.

HOUSE BILL 918, Increase Service of Process Fee, would increase the fee for service of process
from $5 to $15 and would require that 50% of the fees collected be used by the county to provide
timely service of process, which may include hiring additional law enforcement personnel (upon the
recommendation of the Sheriff). This bill was approved by the House Finance Committee and the
full House and was sent to the Senate and assigned to the Senate Finance Committee. In the House,
an amendment was offered to allow private citizens to serve civil process in Wake County, but the
amendment was defeated at the request of the North Carolina Sheriffs’ Association. This bill is
eligible for consideration next session.

HOUSE BILL 951, Create Civil No-Contact Protective Orders, would establish a procedure for a
victim of a sexual assault to obtain a civil no-contact order which would order the offender to stay
away from the victim or prohibit the offender from entering or remaining present at the victim’s
school, place of employment or other specified places when the victim is present similar to a 50B
Order. This bill was approved by the House and is currently in the Senate Judiciary I Committee.
This bill is eligible for consideration next session.

HOUSE BILL 1031, Law Enforcement Officers Creditable Service/Workers’ Compensation, would
allow a law enforcement officer in the Local Governmental Employees Retirement System to include
any periods of employer approved leaves of absence for workers’ compensation injury to be included
as creditable service at retirement. This bill was referred to the House Occupational Safety
Committee and was then re-referred to the Pensions and Retirement Committee. Members of the
Occupational Safety and Health Committee were in favor of the bill; however, they were not allowed
to vote on it since more information was needed from the legislative staff. The bill remains in the
House Pensions and Retirement Committee. This bill appears to be eligible for consideration next
session.

                                                 -34-
HOUSE BILL 1050, Fire Safety in Jails, as originally filed would require that every jail in the state
have a licensed professional engineer and architect to evaluate the fire safety of the building. The
architect or engineer would determine what, if any, fire safety upgrades are necessary. Each architect
and engineer would report on their evaluation by July 1, 2004. The local government entity would
be responsible for necessary upgrades and would create an interim safety plan to make sure that fire
safety measures are in place until completion of the upgrades. Every jail would be brought into
compliance no later than January 1, 2007.

        The bill was amended in the House Local Government II Committee to direct the Legislative
Research Commission to study fire safety in local jails and make a report to the 2004 Session of the
General Assembly. The bill was approved by the House Local Government II Committee and was
referred to the House Rules Committee where it remains.

        The Studies Bill included authority for the Legislative Research Commission to study fire
safety in local jails based upon the issues raised in this bill. Although the Studies Bill was not
enacted into law and the Legislative Research Commission has no authority to study this issue before
next session, the House or Senate may appoint their own study commission to review these issues.
Although the bill does not appear to be eligible for consideration next session, if there is a study
committee created, its recommendations would be eligible for consideration next session.

HOUSE BILL 1087, Windshields Required and Inspected, would require every car to be equipped
with a windshield made of approved glass that is: (1) free from cloudiness, distortion or other
obstructions; (2) free from cracks, scratches or breaks; and (3) free from all stickers except those
provided by law. A similar provision was previously in our Motor Vehicle Laws, but was
inadvertently repealed by the General Assembly when they enacted legislation outlawing most dark
tinted windows.

        The bill was discussed at length in the House Judiciary III Committee and several Committee
members were concerned that the bill was vague about who would interpret whether a windshield
was cloudy, distorted, obstructed or whether cracks, scratches or breaks obstructed the drivers vision.
An amendment to the bill was approved which would delete the provision that the windshield not
have stickers, except those provided by law, and the amendment also removed the terms cloudiness
and distortion so that the bill would read: “free from obstruction to the driver’s vision of the road.”
The amendment would also clarify that the windshield would be part of the Safety Inspection
Program.

        We met with the legislative staff regarding this bill to discuss the provisions regarding the
Safety Inspection Program and to confirm that the program was not being expanded. The bill was
approved by the House Judiciary III Committee and was placed on the calendar for the full House
where it was re-referred back to the House Judiciary III Committee to address continued problems
with vagueness in the bill. This bill does not appear to be eligible for further consideration next
session.

HOUSE BILL 1095, Public Safety Officers’ Right to Organize, would amend the current law of
North Carolina to allow public safety officers, including law enforcement officers, firefighters or

                                                 -35-
emergency medical personnel, employed by the State or local governments to organize as a union
for the purpose of collective bargaining. The bill was referred to the House Rules Committee and
received no further action. This bill does not appear to be eligible for consideration next session.

HOUSE BILL 1124, Law Enforcement Officers’ Security Act, would allow law enforcement officers
and their families to have their address on their drivers license and other official documents listed
as the address for the law enforcement agency where the officer is employed, for the purpose of
preventing non-law enforcement persons from discovering the home address of the officer. This bill
was considered in the House Ways and Means Committee and after a brief discussion, was removed
from the agenda. The bill remains in the House Ways and Means Committee.

       Groups that oppose this legislation include: the North Carolina Sheriffs’ Association, the
North Carolina Association of Chiefs of Police, the Department of Crime Control and Public Safety,
the North Carolina League of Municipalities and the North Carolina Association of County
Commissioners. This bill does not appear to be eligible for consideration next session.

HOUSE BILL 1138, Pawn Brokers Antitheft Program, would establish a program funded by
insurance companies that would reimburse pawn brokers for a portion of any loss sustained by the
pawn broker when they turn over stolen property to a law enforcement agency.

         The bill was amended by the House Ways and Means Committee to include a provision to
fund an account from property insurance premiums. There were questions from the Committee
about the funding of the account and the Chairman appointed a subcommittee to work on the details
of this bill. Representative Parmon will be the Chair and Representatives Blackwood and Gillespie
will also serve on the subcommittee. We spoke with Representative Parmon and offered our
assistance with any law enforcement questions that the subcommittee may have. The bill is pending
in the House Ways and Means Subcommittee. This bill does not appear to be eligible for
consideration next session.

HOUSE BILL 1186, Speeding by Law Enforcement Officers, would clarify that the exemption to
the current speeding laws would not apply to law enforcement officers, firefighters and EMS
vehicles on routine patrol when not pursuing an identified violator or responding to a specific
emergency. We met with the sponsor of this bill who said that he and many of his constituents feel
like they have been passed on the highway by speeding law enforcement officers who were not en
route to a call. He particularly described situations where law enforcement officers from other parts
of the State passed motorists at high rates of speed on the interstate.

        The bill sponsor agreed, at our request, to postpone its consideration until later in the
Legislative Session. We explained to him that the changes he proposed in the General Statutes might
create civil liability issues for law enforcement and emergency service agencies. He said that he did
not want to create any civil liability issues, but that he did want to address this issue. He suggested
the establishment of a statewide toll-free telephone number that citizens could call to register
complaints about speeding law enforcement officers and emergency vehicles when the citizen did
not believe the officer was responding to an emergency. The bill remains in the House Judiciary I
Committee and does not appear to be eligible for consideration next session.

                                                 -36-
HOUSE BILL 1187, Felony Murder/No Death Penalty, would provide that felony murder is only
punishable by life imprisonment without parole and would no longer be punishable by the death
penalty. The House Judiciary IV Committee heard the bill and because of the strong opposition to
this bill from the criminal justice community, the bill sponsor asked that the bill be removed from
the Committee’s agenda. The bill was removed from the Committee’s agenda and we have been
assured by the Committee Chairman that this legislation will not be considered any further in that
Committee during the 2003-2004 Session of the General Assembly. Groups that oppose this
legislation include:

North Carolina Sheriffs’ Association
North Carolina Law Enforcement Officers Association
North Carolina Association of Chiefs of Police
North Carolina Police Executives Association
North Carolina Narcotics Enforcement Officers Association
North Carolina Conference of District Attorneys
North Carolina Victims’ Assistance Network (NCVAN)
North Carolina Attorney General’s Office (Attorney General Roy A. Cooper)

        There is a companion bill, Senate Bill 744, Repeal Felony Murder Rule, that includes the
same provisions and has been referred to the Senate Rules Committee. That bill has received no
further action. Neither House Bill 1187 nor Senate Bill 744 appear to be eligible for consideration
next session.

HOUSE BILL 1289, Amend Private Protective Services Act/Fees, would amend various provisions
of the Private Protective Services Act, including a provision which would allow private investigators
to carry concealed weapons during the performance of their duties as a private investigator, if they:
(1) obtain a concealed weapon permit; (2) successfully complete firearms training approved by the
Board and the Attorney General’s Office and; (3) have a seal affixed to their firearm registration card
signifying that they are permitted to carry a concealed weapon.

        The bill was modified in the House Finance Committee to allow a licensee to choose a two,
three or five year license. In addition, the Private Protective Services Board would be allowed to
deny, suspend or revoke a license, registration or permit for possession of a badge or shield not
designed and approved by the Private Protective Services Board. This bill is eligible for further
consideration next session.

HOUSE BILL 1299, Abandoned/Junked Vehicle Fund, would establish an Abandoned and Junked
Motor Vehicle Program to be operated by counties and cities to remove and dispose of abandoned
and junked motor vehicles. The program would be funded by an additional $3 registration fee for
passenger vehicles and would require the Department of Transportation to distribute the proceeds
annually to every participating county based upon the county’s population. The county could then
distribute a portion of the proceeds to participating cities or towns within the county. The bill was
referred to the House Finance Committee and received no further action.

                                                 -37-
         The Studies Bill included a study to be done by the Legislative Research Commission on
abandoned junk vehicles. The study would have included whether an abatement program can be best
performed on a county by county basis or a statewide basis, funding methods for the program, where
the junk vehicles will be delivered and processed, the merits of the use of a tax credit and the cost
to state and local governments. Although the Studies Bill was not enacted this Session, the House
or Senate could authorize a study of the issues in this bill and any recommendations from that study
would be eligible for consideration next session.


                                              — Eddie Caldwell
                                              — NCSA Legislative Counsel

                                              — Visit us on the Web:
                                              — http://www.raleighnclaw.com




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