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THE KINGS MOUNTAIN HERALD, KINGS MOUNTAIN, N. C.
Page 3
"long And Sbong” b Description
(K Meiesiing Legislative Week
^ NOTB: Thi$ is the 'fifth of a
ties ,of weekly summaries pre
pared by the legislative staff of
the Institute of Government on
the work of the North Carolina
Oineral Assembly of JS6S. It is
confined to disnissi^s of mat
ters <if general interest and ma
jor importance.
•‘Long and strong” was the
token of an interesting legisla
tive week, which witnessed the
introduction of the two public
bills of recent memory—the Uni
form Commercial Code and the
Courts Commission proposal. The
House this week debated and
passed the original N.C. State
name change bill and received a
new name changeproposal. Now
expected sometime next week is
the long awaited Governer’e
Budget Message.
SB 68 (HB 202), the proposals
of the Courts Commission styled
as “The Judicial Department Act
of 1966”, were introduced in both
houses on Monday night. The
primary thrust of this bill is to
establish a new system of dis
trict courts throughout the State
to replace approximately 200 in
ferior courts and some 1000 jus
tice of the peace oourts. Court
reform has been topical in North
Carolina for a dechde; and thb
present proposal would imple
ment the constitutional amend
ment adopted by popular vote in
November 1962. A "Courts Com
mission” was created by the 1963
General Assembly to draft the
implementing leglsaltion. Sena
tor Lindsay C. Warren, Jr., son
and namesake of an early court
reform opponent, was selected as
Its chairman. After bi-monthly
Commission meetings Extending
over a period of 14 months, the
work product, a 46-page report
and llS-page bill, now stands un-
(t- >
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veiled. ,
On the civil side, the new uis-
trlct covirts will primarily hear
cases involving $.5,000 or less,
plus domestic relations and juve
nile matters. On the criminal
side they will try misdemeanor
offenses. Magistrates will be ap
pointed as officers of the district
courts to handle many of the
same typbs of cases now heard
by JP’s. These magistrates, who
will be supervised by the district
judge, may hear civil actions in
volving $300 or less and accent
pleas of guilty involving minor
misdemeanors.
The implementation of the bill
would be phased over a period
ending just ahead of the 1971
Constitutional deadline for com
plete activation. While the bill
formally creates thedistrict court
division of the General Court of
Justice on the first Monday in
December, 1966, it only estab
lishes district courts in six judi
cial districts on that date. Five
more would be activated on the
tirst Monday in December, 1970
and the remainder on the first
Monday in December, 1968. Thus
most of the countlM would not
be directly affected until 1969
and after. Ills too early to pre
dict the ultimate prospects of the
bill or any of its parts, but pub
lic comment thusfar has been
largely favorable.
The massive Uniform Commer
cial Code was introduced Wed
nesday in both hou.ses (SB 74,
HB 218) after much spadework
reflected in a voluminous Legis
lative Council report endorsing |
the Code. Introduction of this |
bill caps a mountain of study I
committee meetings, subcommit- |
tee meetings and reports, busi- j
ness and professional consuita- i
tions, and individual efforts. The !
Code is heralded as the vehicle I
for two main objectives: im
provement of the rules of law ,
governing commercial transac
tions, and uniformity of laws a- '
mong the states in order to fa
cilitate commerce. Already en
acted in 33 states, in North Caro
lina the Code would replace a
series of longstanding uniform
acts, dealing with negotiable in- :
strument.s, warehouse receipts. '
bills of lading and stock trans- I
ters; as well as a piecemeal fab- i
ric of court-made common law, '
primarily in thelaw of sales: and
other scattered statutes such as |
thosb applying to bank deposits I
and collections, secured transac- ‘
tions, and bulk transfers of
goods. In replacing this assort
ment of existing law, the Code
would not only consolidate and
codify, but also makemany inno
vations in the rules of the com
mercial game.
One major bffect of the Code
on our state, because of the re
sulting rapport with other states
adopting it, would be toopen up
a wealth of interpretive litera
ture and court cases in other
statas construing its various
! parts. It therefore would possess
the dual virtue of making the
law more definite and accessible
for businessmen, while at the
same time creating a new forage
of terminology and authorities
for grazing lawyers.
The monsoon season for motor
vehicles introductions rolled re-
1 lentlessly into mid-March. New
bills this week included propo.s-
als to elaborate and clarify the
i drive-to-right rules (HB 227); to
require annual license examina
tions, including road tests, for 65
' and older drivers (HB 236); to
i tightbn the anti-hitchhiking law
and extend its coverage to vari
ous roadway solicitations (SB
88); to provide for revocation of
licenses while driving under sus
pension or revocation (HB 221);
to exempt from civil liability
good Samaritans who aid auto
accident victims (SB 82); and to
sanction blue warning lights as
standard equipmfent for law en
forcement vehicles (HB 200).
A “man-bites-dog” twist was
addl'd to tlic auto insurance law
j by a bill to protect motorists a-
gainst insolvent carriers (HB
219, defining an “insured vehicle"
as including insured vehicles
I whose carriers lae unable to
make payments due to insolven
cy). A Departmental program
bill prompted by civil rights de
monstrations would make it un
lawful to block traffic by stand
ing. sitting or lying in the streets
(HB 222). Thb failure of a pack
age bill tightening thedriver li
cense suspension law (see “R.I.
P.” below) led its backers to
back up and start over again
with two new bills breaking the
original package In half, with
modifications to mbet earlier ob
jections. (SB 78 and SB 8-1, by
Belk and others.)
The big money news of the
werit was Governor Moore’s
press conference announcement
on Thursday that he would de
liver his budget message to the
General Assembly next week.
With the arrival of this message
the Assembly can tackle in barn-
est its major budgetary assign
ment.
Two small separate appropri
ations bills came in this week.
One would appropriate $12,600 to
C & D for construction of a spill
way gate at Lake Waccamaw
(HB 195 - SB 69), while the olh-
br would direct the State Board
of Health to pay the cost of polio
vaccine furnished locally to
those unable to pay, from speci
fic appropriations for that pur-
pase rather than the Contingency
and Emergency Fund (HB 213 -
SB72).
New tax law proposals launch
ed this week were SB 80. to ex
empt from taxation certain re
tirement benefits received by re
tired federal employees who are
ineligible for social security, and
SB 75, to add boats to a list of
"vehicles” that are accorded a
preferential 11491 sales tax rate.
Both bills were introduied by
Sen. Kemp.
IIB 214, introduced by Rep.
Vaughn and others, would make
North Carolina a party to the In
terstate Compact on Detainers,
affecting prisoners involved in
multistate charges. A frontal as
sault on vulgarity was launched
by SB 86 (Sen. Whitehurst), to
prohibit the usi* of vulgar or ob
scene language in public places,
and SB 71 (Sen. Hollowel!) aim
ed at distributors of obscene
movies.
SB 85 (by Sens. Evans and .Me
Lbndon) would oermit the Slate
Board of Education to establish
pilot public school kindergarten
programs.
Mortal blows were dealt this
week to:
SUBSCRIBE TO THE HERALD
—TTie anti-necking bill (HB
154, gibbeted by an unfavorable
committee report.
—The bill to rbvoke driver li
censes of speeders convicted of
two or more offenses that take
place within 12 monttrtrrSB 42)—
gutted by floor amendments and
I re-refbrred to committee for
j proper burial.
I HAPPY PEANUT WEEK (HR
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