LEGISLATIVE UPDATE

NC General Assembly


The House and the Senate completed its session on Saturday, Jun 18, 2011, which marked the "shortest long session since 1973," that spanned "87 legislative days." In total, "715 bills passed either the House or Senate, with more than 170 of them now law." Governor Perdue has until the end of June to sign or veto about 120 bills. If she takes no action, the bills become law. (News & Observer)

The legislature will return for a special session on July 13th to address redistricting, election law and veto-overrides. Another special session will be scheduled in August or September to discuss constitutional amendments, including the Defense of Marriage amendment.

Status of Key Bills

1. Voter Photo ID (HB351/SB352) - Requires photo Identification before voting was concurred on in the House on Jun 16th in a vote of 62 to 51 with 2 not voting and 5 absent. It was sent to the governor on Jun 17th, and is in jeopardy of a veto.

2. Abortion - A Woman"s Right to Know Act (HB854/S769) - Requires information from a medical doctor and an ultrasound before an abortion can be performed. It passed in the Senate on Jun 15th in a vote of 29 to 20 with 1 not voting, and was sent to the governor on Jun 17, where it may be vetoed.

3. E-Verify (HB) "An Act to Require Counties, Cities, and Employers to Use the Federal E-Verify Program to Verify the Work Authorization of Newly Hired Employees" - The House passed the Conference Committee's Report in a vote of 67 to 45 on Jun 18. The bill requires businesses that employ 25 or more employees in NC and local government entities to use the federal E-Verify program to determine the legal status of newly hired employees. This is a change to the Senate version that only required construction companies and subcontractors to use E-Verify, not all businesses. The bill was sent to the governor on Jun 20.

4. Energy bills:  Energy Jobs Act (SB709) - The ratified bill's purpose is to increase domestic energy production in NC and to stimulate economic growth and jobs. It was presented to the governor on Jun 20th.

HB 242 an act that directs the Department of Environment and Natural Resources to study oil and gas exploration in NC and to conduct at least two public hearings on the exploration of natural gas, among other provisions, was sent to the governor on Jun 20th.

5. Charter Schools - Eliminates the cap on charter schools in NC. The governor signed it on Friday, Jun 17th.

6. An Act to Eliminate the Dues checkoff Option for Active and Retired Public School Employees (SB727) - The act eliminated the North Carolina Association of Educators (NCAE) from receiving union dues through automatic payroll deductions. The governor vetoed the legislation on Jun 18, and it will stand because the House did not achieve a veto-proof margin.

7. Protect and Put NC Back to Work (HB709/S544) - Reforms the Workers' Compensation Act. Sent to the governor on Jun 14th.

8. No Benefits for Illegal Aliens (SB205) - Clarifies that "illegal aliens are not eligible for public benefits." Passed in the Senate on Jun 8 in a vote of 45 to 5. Referred to the House Committee on Rules, Calendar, and Operations.

9. Real ID Compliance/Limited Duration Licenses (SB303) - Requires that the licenses issued by the Department of Motor Vehicles are only to people who are legally in the US for a limited time. Passed in the Senate on Jun 8 in a vote of 43 to 6; sent to the House Committee on Transportation.

10. Safe Students Act (HB744) - Requires that parents furnish a certified copy of a birth certificate for kindergartners entering the public school system, among other things. Passed in the Senate unanimously; sent to the governor on Jun 17th.

11. Medical Liability Reforms (SB33) - Changes medical malpractice laws and the ratified edition caps noneconomic damages at $500,000. Drug makers receive some protection from lawsuits under certain circumstances. The bill was sent to the governor on Jun 14, 2011.

12. Non-Partisan Redistricting Process (HB824) - The bill provides for a "Temporary Redistricting Advisory Commission" effective in 2020, removing partisanship from the redistricting process. Since Jun 10th has been in the Senate Committee on Rules and Operations.

13. Gfeller-Waller Concussion Act (HB792) - Signed by the governor on Jun 16th, and requires that when signs of a concussion are observable, the individual is removed from playing a sport and is examined before resuming the sport.

14. Annexation - The legislature reformed annexation laws that have not been changed in more than 50 years. The changes protect private property rights against attempts from cities/towns to force the annexation of private property that often result in higher taxes, and additional charges for services. The most substantial change would allow property owners to block involuntary annexations if 60 percent of the people sign a petition opposing the annexation in about a four-month period. Currently private landowners are at the mercy of the city, except by a court action. The bills have been sent to the governor.

15. Tort Reform for NC Citizens and Businesses (HB 542) - A new section was added to the General Statutes that addresses evidence of medical expenses, the injured party as a witness when medical charges are at issue, and other reforms. The bill was sent to the governor on Jun 20, 2011.

16. Laura's Law (HB49/S86) - It is a new law that was inspired by the death of Laura Fortenberry, a Gaston County teenage girl who was killed by a drunk driver in Jul 2010. Laura was the granddaughter of Kay Roukema, Caldwell County Republican Women. The law "increases the maximum time that these offenders are going to spending prison." It also increases the minimum time in jail, raises fines, and raises penalties, according to Rep. Tim Moore of Cleveland County. The measure passed a House procedural vote on Jun 16th and was sent to the governor on Jun 17th.

 17. Tax reforms - In addition to eliminating the "temporary" sales tax hike that Democrats and the governor prefer, the legislature also enacted a $50,000 income exemption for private businesses that will create jobs.

18. Passed significant changes to NC's rules and regulations to simplify them. Over 15,000 new or amended regulations were enacted over the past 10 years that were onerous on businesses. A bill that passed both the House and the Senate "prohibits new state regulations that are more restrictive than federal rules, and requires the state to review and eliminate burdensome regulations annually." (NC Republican Senate Caucus)

19. Other legislation allowed concealed handguns in more places; and the Justice Reinvestment Act reformed sentencing laws that had not been changed in 20 years in a effort to improve ex-offender data research information.

20. Environmental bills were passed to limit the power of existing environmental regulations. Two bills, SB710 that addresses renewable energy certificates related to poultry waste as a fuel; and HB 119 that amends certain environmental and natural resources laws were both sent to the governor on Jun 20.

Redistricting

According to the recent census, although NC had a population growth since the last census, it did not rise enough to create another congressional House seat. NC currently has 13 House districts composed of six Republicans and seven Democrats. The Voting Rights Act of 1965 must be followed for redistricting and according to the News & Observer, House speaker Thom Tillis said that the redistricting plan will be coordinated with the U.S. District Court for the District of Columbia for a "preclearance" instead of submitting it directly to the Department of Justice. The budget also required the NC Attorney General "to seek approval of the redistricting plan within 30 days, or else the legislature's own attorney takes over." The governor does not have veto authority on the redistricting plan. (News & Observer)

Both the House and the Senate released their minority Voting Rights Act (VRA) districts on Friday, Jun 17. Public hearings will be held in some of the affected areas, starting on Jun 23. Go to ncga.state.nc.us to view the maps and get the public hearings schedule.

The legislature will reconvene for a special session on redistricting on Jul 13th.

US Congress

Senate

On Jun 16, the Senate passed an amendment to eliminate tax credits for refiners that receive tax credits for "adding ethanol to gasoline and a tariff on imported ethanol." The vote was 73 to 27 and both Senators Burr and Hagan voted for the amendment.

House

On Jun 14, the House passed HR 2055 for Military Construction and Veterans Affairs Appropriations for fiscal year (FY) 2012. The vote was 411 to 5 with 16 not voting. All NC Representatives voted for the legislation.

On Jun 16 HR 2112 Agriculture Appropriations for FY 2012 passed the House in a vote of 217 to 203 with 12 not voting. All NC Republican Representatives voted for the measure except for Walter B. Jones (R-3rd) who voted with all NC Democrat Representatives against the bill.

Upcoming Votes:

1. Nomination of Leon E. Panetta as Secretary of Defense - scheduled today, Jun 21 in the Senate.

2. Presidential Appointment Efficiency and Streamlining Act of 2011 (S679) requires Senate confirmation to reduce the number of executive branch appointments that the Senate is currently required to confirm.

3. Economic Development Revitalization Act of 2011 (S782) - The Senate will discuss this bill that authorizes $500 million annually over the next five years for the Economic Development Commission.

4. Defense Appropriations (HR) 2219 - The House will discuss the funding of the Defense Department with $648.7 billion for FY 2012.

5. America Invents Act (HR 1249) - The House may work on this bill that changes the U.S. patent system.