Newsletter for June 21
I hope all is well. Please forgi ve the lack of a newsletter last week. I have been working on updating my website, www.davidlewis.org, and technica l difficulties with the newsletter prevented me from sending it out last we ek. With the help of the great staff of our website hosting service, I will soon announce the launch of an all new web presence that I hope will help me be able to respond to an ever growing number of constituents that get mu ch if not all of their information and news from the internet. The legislat ure has been working hard to finish the budget by June 30th. Right now, to be honest, it doesn’t look very promising. The o nly really good news is that there is very serious talk about relieving cou nties of their Medicaid burden. As you know, Medicaid puts enormous pr essure on counties and helps drive up property tax. I though you might like to read this story from the Associated Press: Bill Could Block M edical Board Penalty for Doctors in Executions A broad bill that would codify and clean up several laws regarding the practice of medicine in North Carolina became a vehicle Thursday for capital punishment supporters trying to get executions back on track. They offered an amendment during the House session to specify that assistance given by doctors in executions "shall not be cause for any disciplinary or corrective measures by the North Carolina Medical Board." Executions are effectively on hold in the state as judges hear legal battles over lethal injection and the role a doctor may play. The medical board has threatened to take the license of any doctor who participates in an execution, and state officials have not yet been able to come up with an acceptable alternative to its requirement that a physician be present. "What we have in this case is an unelected group of people totally thwarting the will of the people," said Rep. David Lewis, R-Harnett, who offered the amendment. Lawmakers typically frame controversial bills with care, writing the titles so specifically that any unfriendly amendment can be ruled out of order. But the measure in question covers a broad area and is titled simply”, An act to amend the laws pertaining to the practice of medicine," leaving the door open for Lewis' proposal. Still, the effort was derailed by minor technical errors with the amendment, and discussion of the bill was put off to Monday's session at the earliest. Lewis said he believes he has enough support to win acceptance of the amendment, but he expects the House's Democratic leaders to shunt the full bill back to a committee where the title can be changed. A spokesman for House Speaker Joe Hackney, D-Orange, said no decision has been made. As it stands, the bill's most notable components would increase the number of people who can hear medical license suspension and revocation cases . It also would allow more information about the outcome of cases to be shared with the patient who made the original complaint. Copyright 2007 CNN. All rights reserved. The leadership did not allow the amendment -or any other debate-and the Bill passed on Monday night. I am going to try to highlight a few of the Bills the House passed this week. S 164. S TUDY HOUSING/TRAINING MENTALLY ILL IN ACH. Filed 2/13/07. TO DIRECT THE DEPARTMENT OF HEALT H AND HUMAN SERVICES TO STUDY RULES AND REGULATIONS REGARDING HOUSING INDIV IDUALS WITH MENTAL ILLNESS IN THE SAME FACILITY VICINITY AS INDIVIDUALS WIT HOUT MENTAL ILLNESS, AND TO RECOMMEND STAFF TRAINING REQUIREMENTS FOR DIREC T CARE WORKERS IN LONG TERM CARE FACILITIES TO PROVIDE APPROPRIATE CARE TO RESIDENTS WITH MENTAL ILLNESS, AS RECOMMENDED BY THE NORTH CAROLINA STUDY C OMMISSION ON AGING. As title indicates. Directs the Department of Health and Human Services to report its findings and recommendations to the Study Commission on Aging and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services by March 1, 2008. March 7, 2007 S 164. STU DY HOUSING/TRAINING MENTALLY ILL IN ACH. Filed 2/13/07. Senate committee substitute makes the following changes to 1st edition. Replaces the phrase “l ong11term care facilities” with “adult care homes” and makes conforming title change. Adds the requirement that the study address t he fiscal impact on the facilities of implementing the training requirement s and examine the amount of funding needed to support a successful training model. April 18, 2007 H 1659. CR IMINAL HISTORY CHECKS/DPI EMPLOYEES. Filed 4/18/07. AUTHORIZING CRIMINAL HISTORY RECORD CHECKS OF EMPLOYEES OF AND APPLICANTS FOR EMPLOYMENT WITH THE DEPARTMENT OF PUBLIC INSTRUCTION. May 17, 2007 H 1659. CR IMINAL HISTORY CHECKS/ DPI EMPLOYEES. Filed 4/18/07. House committee substitute makes the following changes to 1st edition. Makes correction to proposed GS 1141119.20 to direct that fingerprints of an individual undergoing a criminal history check are to be forwarded to the Federal Bureau of Investigation (was, State Bureau of Investigation) for a national criminal history record check. Streamlines the definition of covered person. January 29, 2007 S 21. CLAR IFY DOG FIGHTING AND BAITING LAW. Filed 1/29/07. TO CLARIFY THAT THE STATUTE PROHIBITING DOG FIGHTING AND BAIT ING DOES NOT APPLY TO THE USE OF HERDING DOGS WORKING WITH DOMESTICATED LIV ESTOCK. Amends GS 14-362.2 as title indicates. April 12, 2007 S 21. CLAR IFY DOG FIGHTING AND BAITING LAW. Filed 1/29/07. House committee substitute makes the following changes to 1st edition. Changes effective date to December 1 , 2007. June 20, 2007 S 21. CLAR IFY DOG FIGHTING AND BAITING LAW. Filed 1/29/07. House amendment makes the following changes to 2nd edition. Makes the act effective when it becomes law (was, effective December 1, 2007). Makes technical changes. March 22, 2007 S 1472. RE VISED DIST. OF SCRAP TIRE DISPOSAL TAX. Filed 3/22/07. TO AMEND THE DISTRIBUTION OF THE PROCEEDS OF THE SCRAP TIRE DISPOSAL TAX TO increase funds allocated to counties for the disposal of scrap tires, to increase funds allocated to the solid waste management trust fund, and to decrease funds allocated to the scrap tire disposal account. < font size3D"2">Amends GS 10511187.19 to increase the amount of the net proceeds from the Scrap Tire Disposal tax credited to the Solid Waste Management Trust Fund from 5% to 8% and decrease the amount of the net tax proceed s credited to the Scrap Tire Disposal Account from 27% to 22%, leaving 70% (was 68%) of the tax proceeds to be distributed among the counties. Effective July 1, 2007. March 22, 2007 S 1424. DO GFIGHTING AND BAITING/ALLOW EARTHDOG TRLS. Filed 3/21/07. TO AMEND THE LAWS PROHIBITING DOG FIGHTING AND BAITI NG TO ALLOW EARTHDOG TRIALS. < font size3D"2">Amends GS 1411362.2 (dog fighting and baiting) to provide that the provision does not prohibit the use of dogs in earthdog trials that are sanctioned or sponsored by specified entities and regulates how quarry at an earthdog trial must be kept and maintained. May 21, 2007 S 1424. AL LOW EARTHDOG TRIALS (NEW). Filed 3/21/07. Senate committee substitute makes the following changes to 1st edition. Changes the title to AN ACT TO ALLOW E ARTHDOG TRIALS. Modifies the names of entities whose sanctioned or sponsored earthdog trials are exempt from the dog fighting and baiting prohibition under specified conditions. June 19, 2007 S 1424. AL LOW EARTHDOG TRIALS. Filed 3/21/07. House committee substitute makes the following changes to 2nd edition. Changes the effective date from when the act becomes law to December 1, 2007, and provides that the act applies to offenses committed on or after December 1, 2007. February 13, 2007 S 164. STUDY HOUSING/TRAINING MENTALLY ILL IN ACH. Filed 2/13/07. T O DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY RULES AND REG ULATIONS REGARDING HOUSING INDIVIDUALS WITH MENTAL ILLNESS IN THE SAME FACI LITY VICINITY AS INDIVIDUALS WITHOUT MENTAL ILLNESS, AND TO RECOMMEND STAFF TRAINING REQUIREMENTS FOR DIRECT CARE WORKERS IN LONG TERM CARE FACILITIES TO PROVIDE APPROPRIATE CARE TO RESIDENTS WITH MENTAL ILLNESS, AS RECOMMEND ED BY THE NORTH CAROLINA STUDY COMMISSION ON AGING. As title indicates . Directs the Department of Health and Human Services to report its finding s and recommendations to the Study Commission on Aging and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services by March 1, 2008. March 7, 2007 S 164. STU DY HOUSING/TRAINING MENTALLY ILL IN ACH. Filed 2/13/07. Senate committee substitute makes the following changes to 1st edition. Replaces the phrase “l ong11term care facilities” with “adult care homes” and makes conforming title change. Adds the requirement that the study address t he fiscal impact on the facilities of implementing the training requirement s and examine the amount of funding needed to support a successful training model. March 5, 2007 S 487. EXT END FISCAL MODERNIZATION REPORT DEADLINE. Filed 3/5/07. TO EXTEND THE REPORTING DEADLINE FOR THE STATE AND LOC AL FISCAL MODERNIZATION STUDY COMMISSION. Amends Section 47.5 of SL 200611248 extending the deadline for the state and local fiscal modernization study commission from May 1, 2007, to May 1, 2008. Also allows the commission to make one or more interim reports. June 20, 2007 S 487. EXT END FISCAL REPORT DEADLINE/BD OF AWARDS (NEW). Filed 3/5/ 07. House committee substitute makes the following changes to 1st edition. Provides that members of the Advisory Budget Commission in office on June 3 0, 2007, continue to be eligible for appointment to the Board of Awards (BO A) through December 31, 2008. Directs the Secretary of Administration to appoint members to the BOA from among those eligible. March 8, 2007 S 659. OFFICIALS FORFEIT PENSIONS FOR FELONIES. Filed 3/8/07. TO PROVIDE THAT elected officials who are members of the legislative retirement system, the local governmental employees’ retirement system, the teachers’ and state employees’ retirement sys tem, or the consolidated judicial retirement system shall forfeit their pensions upon conviction of a state or federal offense involving public corruption or a felony violation of election laws. Enacts new GS 120114.33, GS 1201138.4, GS 1 351118.10, and GS 1351175.1 prohibiting the board of trustees, after consulting with the Attorney General, and with the Commission or the Judicial Standards Commission when appropriate, from paying retirement benefits other than a return of contributions to individuals convicted of a state or federal offense involving public corruption or a felony violation of election l aw for acts committed while in office if the individual is: (1) an elected official who is a member of the Legislative Retirement System; (2) an elect ed official who is a member of the Retirement System for Counties, Cities and Towns; (3) an elected official who is a member of the Retirement System for Teachers and State Employees; and (4) members of the Consolidated Judicial Retirement Act. Amends GS 120114.12, GS 1281126, GS 135114, and GS 1 351156 to provide that members who have not vested in the legislative retirement system at the time the statute prohibiting the payment of retirement benefits becomes law forfeit all benefits upon conviction. Members who have vested at the time the statute becomes law and are convicted of an offense after that date are not entitled to creditable service accruing after the date that the statute becomes law. April 23, 2007 S 659. OFF ICIALS FORFEIT PENSIONS FOR FELONIES. Filed 3/8/07. Senate committee substitute makes the following changes to 1st edition. Amends proposed GS 120114.33, G S 1201138.4, GS 1351118.10, and GS 1351175.1 to prohibit the board of trustees from paying retirement benefits (removes the consultation requirements), other than a return of contributions and interest to individuals convicted of one of the public corruption or election law related federal or state felonies enumerated in each statute, if: (1) the offense is committed while the individual is serving in the applicable office, and (2) the conduct on which the offense is based is directly related to the individual’ s service. Requires any forfeited funds to be remitted to the Civil Penalty and Forfeiture Fund. Modifies proposed changes to GS 120114.12, GS 12811 26, GS 135114, and GS 1351156 to provide that members who have not vested in the respective retirement system on July 1, 2007, convicted of an offense listed in GS 1351175.1 for acts committed after July 1, 2007, forfeit all benefits. Members who have vested on July 1, 2007, and are convicted of an offense after July 1, 2007, are not entitled to creditable service accruing after July 1, 2007. Provides that members do not have to forfeit any benefit or creditable service earned from a position other than listed positions covered under the respective retirement system. Changes the bill’s effective date to July 1, 2007. May 30, 2007 S 659. OFFICIALS FORFEIT PENSIONS FOR FELONIES. Filed 3/8/07. House committee substitute makes the following changes to 2nd edition. Modifies the list of federal and state felonies, conviction f or which results in forfeiture of retirement benefits, as follows: (1) Deletes 18 USC 602 (solicitation of political contributions) and 18 USC 607 (place of solicitation), and adds 18 USC 666 (embezzlement and theft) and 18 USC 1956 (laundering of monetary instruments), to the list of covered federal felonies and (2) adds perjury under Article 22A of GS Chapter 163 to the list of state felonies. Makes conforming changes. March 12, 2007 S 680. AME ND TELECOMMUNICATIONS STATUTES. Filed 3/12/07. AMENDING CERTAIN TELECOMMUNICATIONS STATUTES TO REFLECT THE CHA NGING COMPETITIVE MARKETPLACE. To be summarized in tomorrow's Daily Bulletin. March 13, 2007 S 680. AME ND TELECOMMUNICATIONS STATUTES. Filed 3/12/07. AMENDING CERTAIN TELECOMMUNICATIONS STATUTES TO REFLECT THE CHA NGING COMPETITIVE MARKETPLACE. GS 6211133.5(f) permits local exchange companies and competing local providers to offer promotions or bundled services without Utilities Commission approval, upon one day’s notice to the Commission, when the promotion or bundled service involves “both regulated and nonregulated service s that feature[s] price discounts that apply exclusively to services not regulated by the Commission.” This bill deletes the quoted condition. I t also adds a new subsection providing that these companies need only comply with federal truth11in11billing regulations prescribed by the FCC when billing for retail communications services. Repeals GS 6211110(d), which authorizes the Commission to adopt procedures for allowing shared use and/or resale of telephone service provided to persons occupying the same contiguous premises. June 13, 2007 H 135. MOT ORCYCLE TRANSPORTER PLATES (NEW). Filed 2/7/07. House committee substitute delete s all provisions of the 1st edition and replaces it with AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE TRANSPORTER PLATES F OR MOTORCYCLE MANUFACTURERS IN NORTH CAROLINA. Amends GS 201179.2(a) as title indicates, effective July 1, 2007. June 19, 2007 H 135. MOT ORCYCLE TRANSPORTER PLATES. Filed 2/7/07. House committee substitute makes the following changes to 2nd edition. Amends GS 201179.2(b) to provide that only licensed manufacturers and dealers may obtain motorcycle transporter plate s. April 16, 2007 H 1499. SM ALL BUSINESS TAX CREDIT 11 MILITARY CALL11UP. Filed 4/16/07. TO PROVIDE FOR A TAX CREDIT FOR SMALL BUSINESSE S TO OFFSET EMPLOYMENT COSTS ASSOCIATED WITH ACTIVE DUTY DEPLOYMENT OF MEMB ERS OF THE RESERVES OR NATIONAL GUARD. Enacts new GS 10511129.16G to allow an income and franchise tax credit for a small business that temporarily replaces a Ready Reserve —National Guard employee on active duty or that employs a Ready Reserve—National Guard employee who returns from active duty. The credit i s 100% of the regular compensation paid for up to three months for temporary replacement and for up to one month for a returning employee. The credit may not exceed 5 0% of the tax against which it is claimed; any excess may be carried forward for five years. Recodifies the definition of small business. Effective be ginning with the 2007 tax year and expires January 1, 2012. May 2, 2007 H 1499. SMALL BUSINESS T AX CREDIT—MILITARY CALL11UP. Filed 4/16/07. House committee substitute makes the following changes to 1st edition. Adds a definition of small business that duplicates the definition recodified by Section 1 of the bill. June 19, 2007 H 1499. IN CREASE HOMESTEAD INCOME LIMIT TO 25K (NEW). Filed 4/16/07. House committee substitute deletes all provisions of the 2nd edition and replaces it with AN ACT TO INCREASE THE HOMESTEAD EXCLUSION INCOME LIMIT TO TWENTY11FIVE THOUS AND DOLLARS FOR NORTH CAROLINA RESIDENTS WHO ARE AT LEAST SIXTY11FIVE YEAR S OF AGE OR WHO ARE TOTALLY AND PERMANENTLY DISABLED. Amends GS 10511 277.1(a2) to increase the property tax homestead exclusion income limit to $25,000 beginning with the 20081109 tax year. For subsequent tax years, the amount is indexed to annual Social Security cost of living adjustments. March 28, 2007 S 125. ALC OHOL INHALERS ILLEGAL. Filed 2/12/07. Senate committee substitute makes the following changes to 1st edition. Rewrites proposed GS 9011113.10A to narrow it from inhalant paraphernalia to alcohol vaporizing devices (AVD). Makes it unlawful to knowingly manufacture, sell, give, deliver, possess, or use an AVD. Defines an AVD as a device marketed or used to prepare a substance for inhalation for the purpose of causing intoxication. Specifies that an AVD does not include devices dispensed or prescribed by a licensed medical provider and for devices used to deliver over the counter medications, as long as the devices are not used for the purpose of inducing intoxication. Adds ethyl alcohol to the listed substances in GS 9011113.11, regarding possess ion of substances, and GS 9011113.12, sale of substance. Changes the effective date to December 1, 2007. Changes title to A BILL TO BE ENTITLED A N ACT TO ADD ETHYL ALCOHOL AS A SUBSTANCE SPECIFICALLY NAMED AS A TOXIC VAP OR AND TO MAKE ILLEGAL ANY INSTRUMENT THAT CAN BE USED TO VAPORIZE OR INTRO DUCE ETHYL ALCOHOL INTO THE BODY UNLESS IT IS A DEVICE USED TO DELIVER A PR ESCRIPTION MEDICATION OR AN APPROVED OVER11THE11COUNTER MEDICATION.< /span> April 24, 2007 S 1359. RE D LIGHT EXCEPTION FOR MOTORCYCLES. Filed 3/21/07. Senate committee substitute makes the following changes to 1st edition. Amends GS 2011158 to create a defense to violations of subsection (b)(2)a. (prohibiting entering an intersection when facing a red light, except to make a right turn) for motorcycle operators who show all of the following: (1) the operator brought the motorcycle to a complete stop at the intersection where there was a steady red traffic light, (2) the intersection is controlled by a traffic signal using a n inductive loop, (3) no other vehicle was sitting at the intersection, (4) no pedestrians were crossing at the intersection, (5) the inductive loop w as not activated by the motorcycle, and (6) at least one signal cycle had occurred or at least three minutes had elapsed before the motorcycle entered the intersection. Instead of creating a defense, previously proposed language allowed a motorcycle operator to pass through an intersection controlled by a vehicle detection triggered traffic11control signal that does not work because the motorcycle is not large enough to trigger the signal, after coming to a complete stop, waiting one signal cycle, and meeting other requirements. Changes the effective date from September 1, 2007, to December 1 , 2007. Makes conforming title change. April 25, 2007 S 1359. RE D LIGHT EXCEPTION FOR MOTORCYCLES. Filed 3/21/07. Senate amendment makes the following changes to 2nd edition. Modifies proposed GS 2011158(e) to provide t hat the defense to violations of entering an intersection on red also applies to bicycle operators. Makes conforming changes to the subsection and the title. May 16, 2007 S 1359. RE D LIGHT EXCEPTION FOR MOTOrCYCLES. Filed 3/21/07. Senate committee substitute makes the following changes to 2nd edition, as amended. Removes bicycles, which had been added by Amendment #1. Modifies the showing required for the defense to apply as follows: (1) removes the showing that the inductive loop w as not activated by the motorcycle; (2) makes an exception for other motorcycles sitting at the intersection (was, no other vehicle was sitting or standing at the intersection), and adds the requirement that no other motor vehicles, with the exception of a motorcycle, were traveling through or approaching the intersection; and (3) requires the motorcycle operator to have waited at least three minutes at the intersection before entering the intersection (was, at least one full traffic signal light cycle had occurred or a minimum of three minutes elapsed before entering the intersection). May 21, 2007 S 1359. RE D LIGHT EXCEPTION FOR MOTORCYCLES. Filed 3/21/07. Senate amendment makes the following changes to 3rd edition. Modifies proposed GS 2011158(e)(3) to require, in order for the defense to apply, a motorcycle operator to show that no other vehicle that was entitled to have the right of way under applicable law (previously proposed, no vehicle with the exception of a motorcycle), w as sitting at, traveling through, or approaching the intersection. February 8, 2007 S 118. REM OVAL OF UNQUALIFIED JUDGES AND DAS. Filed 2/8/07. TO ALLOW THE GOVERNOR TO DECLARE A VACANCY IN THE OFFICE OF DISTRICT COURT JUDGE, SUPERIOR COURT JUDGE, JUDGE OF THE COURT OF APPEALS, JUSTICE OF THE SUPREME COURT, OR DISTRICT ATTORNEY WHEN THE INCUMBENT DOES NOT HAVE THE LEGAL RIGHT TO EXERCISE ITS FUNCTIONS.. Enacts a new Article 31B (Declaration of Vacancy, Suspension of Salary) in GS Chapter 7A (Judicial Department) allowing the Governor to declare an office vacant when a justice, judge, or district attorney is no longer authorized to practice law. The Governor must provide the judge or district attorney ten days before taking action to give the individual the opportunity to be heard. Also immediately suspends the salary of a justice, judge, or district attorney who has been disbarred or suspended from practicing law but has not been removed from office. April 3, 2007 S 118. REM OVAL OF UNQUALIFIED JUDGES AND DAS. Filed 2/8/07. Senate committee substitute makes the following changes to 1st edition. Modifies proposed GS 7A11410 to define the term no longer authorized to practice law to mean that t he person has been disbarred or suspended and all appeals under GS 841128 (concerning discipline and disbarment) have been exhausted. Requires (was, allows) the Governor to declare an office vacant when a judge or district attorney is no longer authorized to practice law. Modifies proposed GS 7A11 410.1 to immediately suspend the salary of a judge or district attorney when the individual has been disbarred or suspended if the office has not been declared vacant (was, the individual has not yet been removed from office) . Amends GS 111524 to provide that the statute (providing that the possess ion of office not be disturbed by a pending trial concerning the title to a n office) does not apply to persons subject to proposed Article 31B of GS Chapter 7A. Amends the effective date to provide that the provisions do not apply to persons elected to or serving in the capacity of justice or judge on or before January 1, 1981. June 18, 2007 S 118. REM OVAL OF UNQUALIFIED JUDGES AND DAS. Filed 2/8/07. House committee substitute make s the following changes to 2nd edition. Deletes the whereas clauses, makes a technical correction to proposed GS 7A11410, and clarifies that the exemption for justices and judges elected or serving on or before January 1, 19 81, applies only to those who were not authorized to practice law at the time of their election or beginning service. March 21, 2007 S 1290. AL COHOL MONITORING SYSTEMS FOR DWI OFFENDERS. Filed 3/21/07. TO PROVIDE FOR THE USE OF ALCOHOL MONITORING SYSTEM S TO BE USED TO MONITOR INDIVIDUALS who have been sentenced for dwi convict ions or as necessary by the courts to ensure compliance with conditions of release, probation, or parole . Amends GS 201119(d) and (e) to modify the showing required to obtain a conditional license. Amends GS 2011179 to create a new mitigating sentencing factor relating to sobriety. Also allows a judge to impose any other lawful condition of probation on a Level One or Level Two offender, including continuous alcohol monitoring. Amends GS 15A111374 to provide that the Commission may require that a parolee remain alcohol free and wear a device that permits the person’s compliance with the condition to be monitored electronically. Effective December 1, 2007. May 16, 2007 S 1290. AL COHOL MONITORING SYSTEMS FOR DWI OFFENDERS. Filed 3/21/07. Senate committee substitute makes the following changes to 1st edition. Amends GS 201119(d) (temporary revocation) and GS 201119(e) (permanent revocation) to allow the Division of Motor Vehicles (DMV) to conditionally restore a person’s license if DMV is provided proof that the individual is not currently an excessive user of alcohol, drugs, or prescription drugs, or unlawfully using an y controlled substance (was, is not an excessive user of alcohol or prescription drugs). Amends GS 201119(d) to delete the proposed provision authorizing DMV to conditionally restore an individual’s license after it ha s been revoked for at least 12 months. Amends GS 201119(e) to allow DMV to conditionally restore a person’s license upon satisfactory proof of listed requirements after the license has been revoked for at least 12 months (was, 18 months). Amends the requirements to be proven before the license can be restored as follows: (1) requires the individual to not have consumed any alcohol for 12 months (was, at least 18 months) and requires the continuous alcohol monitoring device to be of a type approved by the Secretary of the Department of Correction (DOC). Requires the secretary to not unreasonably withhold approval of a continuous alcohol monitoring system and to consult with the Division of Purchase and Contract in the Department of Ad ministration to ensure that there is no discrimination against potential vendors, (2) requires that the individual not currently be an excessive user of drugs or prescription drugs (was, excessive user of prescription drugs), and (3) adds the requirement that the individual not unlawfully use any controlled substance. Modifies proposed GS 2011179(e)(6a) to include in the factors the judge must weigh completion of a substance abuse assessment, compliance with its recommendations, and simultaneously maintaining 60 days o f continuous abstinence from alcohol consumption (was, completion of a mandated substance abuse assessment, compliance with its recommendations, and t he maintaining of 60 days of continuous sobriety). Makes conforming changes to GS 2011179(e)(6a) and (7). Enacts new GS 2011179(h1) allowing a judge to require as a condition of probation for offenders subject to Level One or Level Two punishments, that the offender not drink alcohol, as verified by a continuous monitoring system, for at least 30 days, up to a maximum of 60 days. The total cost of the monitoring system may not exceed $1,000. En acts new GS 15A111343(b4) prohibiting the court from using a continuous alcohol monitoring system as a condition of probation unless the court waives an offender’s payment of costs for the system and the local government responsible for the offender’s incarceration agrees to pay the costs associated with the system. Makes conforming changes to GS 15A111374(b) . Deletes proposed amendments to GS 2011179(g) and GS 2011179(h). Require s DOC to establish regulations for continuous alcohol monitoring systems an d requires the Secretary of DOC to approve any continuous alcohol monitoring system before it is used by a court as evidence of alcohol abstinence or before ordering the use of the monitoring system as a condition of probation. Requires DOC to issue a request for proposals by January 1, 2008, for the monitoring equipment and services to develop a pilot program. Requires DO C to report by March 1, 2008, to the chairs of several legislative committees on the response to the request for proposals. Requires DOC to report to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Over sight Committee by March 1, 2008, on listed issues. Makes technical changes . Statutory changes are effective October 1, 2007. May 17, 2007 S 1290. AL COHOL MONITORING SYSTEMS FOR DWI OFFENDERS. Filed 3/21/07. Senate amendment makes the following changes to 2nd edition. Allows the Division of Motor Vehicle s (DMV) to conditionally restore a person’s license after it has been revoked for at least 24 months (was, at least 12 months) if the person pro vides DMV with satisfactory proof of listed criteria. June 13, 2007 S 1290. ALCOHOL MONITORI NG SYSTEM FOR DWI OFFENDERS. Filed 3/21/07. House committee substitute makes the following changes to 3rd edition. Amends GS March 21, 2007 S 1359. RE D LIGHT EXCEPTION FOR MOTORCYCLES. Filed 3/21/07. TO PROVIDE AN EXCEPTION TO G.S. 2011158 RELATING TO MOTORCY CLES AND TRAFFIC11CONTROL signals activated by vehicle detection devices. Amends GS 2011158 to provide a procedure for motorcycles approaching an intersection controlled by a triggered traffic11control sign al using a vehicle detection device that is inoperative due to the size of the motorcycle. The motorcycle must come to a full and complete stop at the intersection and, if the signal fails to operate after one cycle of the traffic signal, the driver may proceed after exercising due caution and care to determine that no motor vehicle or person is approaching on the street o r highway to be crossed or is so far from the intersection that it does not constitute an immediate hazard. Effective September 1, 2007 and applicable to violations occurring on or after that date. February 12, 2007 S 125. ALC OHOL INHALERS ILLEGAL. Filed 2/12/07. TO ADD ETHYL alcohol as a substance specifically named as a toxic vapor and to make illegal any instrument that can be used to atomize or introduce a toxic vapor into the body unless it is a device used to deliver a prescription medication or an approved over11the11counter medication. Amends GS 9011113.10 to add ethyl alcohol to the substances that it is illegal to inhale to become intoxicated. Makes an exception for the use of inhalants under the direction of licensed medical providers authorized to prescribe the inhalant (was, a physician or dentist). Enacts a new GS 90111 13.10A (Inhalant paraphernalia) making it illegal to sell, give, deliver, possess, or use an instrument to atomize a substance for inhalation, with the exception of instruments prescribed by a licensed medical provider. This section is not a lesser included offense of GS 9011113.22 (Possession of D rug Paraphernalia). Effective for offenses committed on or after October 1, 2007. Enacts GS 1141119.20 as title indicates. Defines persons covered by the statute as (1) applicants for employment and current employees of the Department of Public Instruction (DPI) who have dire ct or indirect ability to access DPI records documents, or electronic data, and their supervisors; (2) applicants and current employees of DPI and independent contractors or their employees that have contracted to provide ser vices to DPI. Authorizes the North Carolina Department of Justice to provide, upon request of DPI, a covered person’s criminal history from the State Repository of Criminal Histories, and from the National Repository if the covered person has not resided in North Carolina during the past five years, after certain procedural requirements are met. Requires DPI to keep all information confidential, and requires that all releases of criminal hi story information to DPI be subject to, and in compliance with, rules adopt ed by the Division of Criminal Information. Authorizes the Department of Justice to charge a reasonable fee for conducting the criminal record checks. Authorizes, but does not require, DPI to deny employment or dismiss a current employee if the covered person’s verified criminal history record check reveals one or more specified convictions. Lists several criteria that DPI must consider before denying employment or dismissing a current employee. Authorizes DPI to deny employment or dismiss a covered person who ref uses to consent to the criminal history record check. Authorizes DPI to ext end a conditional offer of employment pending the results of a criminal history record check. Effective October 1, 2007.
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