Current Status of Key Bills Presented to the Governor of North Carolina

June 28, 2011


Current Status of Key Bills Presented to the Governor

1. Abortion - A Woman's Right to Know Act (HB854) - was vetoed by our "education" governor on Monday, Jun 27. Governor Perdue wrote in her objection and veto message, "This bill is a dangerous intrusion into the confidential relationship that exists between women and their doctors. The bill contains provisions that are the most extreme in the nation in terms of interfering with that relationship. Physicians must be free to advise and treat their patients based on their medical knowledge and expertise and not have their advice overridden by elected officials seeking to impose their own ideological agenda on others."

The bill requires pregnant women to have information from a medical doctor, an ultrasound, and a waiting period of 24-hours before ending the life of an unborn baby.

The Senate passed the legislation on Jun 15th in a vote of 29 to 20 with 1 not voting. Republican Senator Stan Bingham (Davidson, Guilford) voted with the Democrats; and Republican Senator Richard Stevens (Wake) did not vote.

The House passed the measure on Jun 8th in a vote of 71 to 48. All Republicans voted for the legislation and were joined by Democrat Representatives William Brisson, Dewey Hill and Tim Spear.

Only one vote is needed in the Senate and one in the House to override the governor's veto.

In the Senate call: Senator Bingham (R) (336) 859-0999 and Senator Stevens (R) Business (919) 851-0228 or home (919) 851-1177.

In the House call the following conservative Democrats:

Rep. Jim Crawford (Granville, Vance) (919) 733-5824; and Bill Owens (Camden, Currituck, Pasquotank, Tyrrell) (919) 733-0010.

2. An Act to Authorize Additional Water Supply Lines Funded by the Clean Water and Natural Gas Critical Needs Bond Act of 1998 and to Direct the Department of Environment and Natural Resources to Waive the Penalty Assessed Against Certain Poor Counties for Certain Water Quality Violations" (HB482) - was vetoed by the governor on Jun 27th, stating, "This bill is unconstitutional. The North Carolina Constitution, as interpreted by our Supreme Court, requires that money paid as civil penalties be given to the public school system and not be used for any other purposes." Further she believes that the measure would allow the Department of Environment and Natural Resources to remit money to counties that could be used for other purposes than education.

The bill was unanimously passed by the Senate filled with lawyers on Jun 14th in a vote of 47 to 0 with 3 excused absences; and in the House the bill passed on Jun 16th in a vote of 64 to 41 with 14 not voting and 1 excused absence.

The vetoed legislation addresses additional water connections and waives environmental penalties assessed in poor counties where at least 18 % of the county population is below the poverty level; and the unemployment rate is at least 2.5 % higher than the state average.

3. Medical Malpractice (SB 33) - The governor vetoed the bill on Jun 24. She said, "Once the bill is revised to adequately protect those that are catastrophically injured, I will proudly sign it into law."

The bill changes medical malpractice laws and the ratified edition caps noneconomic damages at $500,000. Noneconomic damages are defined in the law as "Damages to compensate for pain, suffering, emotional distress, loss of consortium, inconvenience, and any other nonpecuniary compensatory damage." Complainants still get punitive damages as defined in the General Statutes.

The bill passed the Senate on Jun 9th in a vote of 32 to 9 with 1 not voting and 1 excused absence. The House passed the bill on Jun 9th in a vote of 62 to 44 with 6 not voting and 8 with excused absences.

4. Tort Reform for Citizens and Businesses (HB542) - Governor Perdue signed the bill on Jun 24th that "will allow juries to hear how much of a plaintiff's medical expenses have been paid by insurance." (News & Observer)

5. Workmen's Compensation Reform (HB709) - Signed by the governor on Jun 24th, the bill "lifts the regulatory burden on the state's businesses, large and small, while also adding protection for employees hurt on the job," according to House Speaker Pro Tempore Dale R. Folwell.

It must be noted that a report released recently by the U.S. Chamber of Commerce "shows North Carolina is ranked in the bottom half in many metrics of competitiveness." Specifically, "'Enterprising States: Recovery and Renewal for the 21st Century' ranks North Carolina in the bottom 25 in nineteen of the thirty-two metrics of competitiveness including long term and short-term job growth, budget gap and tax climate." ( NCGOP Communications Office)

Recent U.S. House of Representatives' Votes

1. "Authorizing the limited use of the United States Armed Forces in support of the NATO mission in Libya" (House Joint Resolution 68) failed in a vote of 123 to 295 with 13 not voting on Jun 24, 2011. Only eight Republicans voted for the measure, none were from North Carolina.

NC Representatives voting for the Resolution: David E. Price (D-4th), Larry Kissell (D-8th), Melvin L. Watt (D-12th), and Brad Miller (D-13th).

NC Representatives voting against the Resolution: Renee Ellmers (R-2nd), Walter B. Jones (R-3rd), Virginia Foxx (R-5th), Howard Coble (R-6th), Mike McIntyre (D-7th), Sue Myrick (R-9th), Patrick T. McHenry (R-10th), and Heath Shuler (D-11th).  Rep. G. K. Butterfield (D-1st) did not vote.

2. "To limit the use of funds to support NATO Operation Unified Protector with respect to Libya" (HR 2278) failed on Jun 24th in a vote of 180 to 238 with 13 not voting. The bill was intended to defund U.S. military operations under NATO in Libya that would include combat operations such as airstrikes; and would have restricted U.S. participation to support activities including "intelligence, surveillance, and search and rescue." (Megavote)

NC Representatives voting for the bill: Virginia Foxx (R-5th), Howard Coble (R-6th), Sue Myrick (R-9th) and Heath Shuler (D-11th).

NC Representatives voting against the bill: Renee Ellmers (R-2nd), Walter B. Jones (R-3rd), David E. Price (D-4th), Mike McIntyre (D-7th), Larry Kissell (D-8th), Patrick T. McHenry (R-10th), Melvin L. Watt (D-12th), and Brad Miller (D-13th).  Rep. G. K. Butterfield (D-1st) did not vote.

Republican Representative Renee Ellmers (2nd District) presented the weekly radio Republican address last week. She focused on job creation in the private sector by removing government regulatory barriers; stopping tax hikes; expanding domestic energy production; and approving pending free-trade agreements.

NC Redistricting

Proposed congressional maps are scheduled to be released this week, and public hearings will be held on Jul 7th. Further details have not been released.

Politico has reported that Democrat Representatives Brad Miller (13th) and David E. Price (4th) may likely compete for one seat and that Democrat Representatives Larry Kissell (8th) and Mike McIntyre (7th) may also go against each other for a seat. Further, Democrat Heath Shuler (11th) may see his district increasingly Republican.