LEGISLATIVE UPDATE September 14, 2011

Thanks to NC Federation of Republican Women and Brenda T. Formo for this update!

NC General Assembly


1. Defense of Marriage Amendment (SB514)

The Defense of Marriage Amendment passed in the Senate in a vote of 30 to 16 with 4 excused absences on Sep 13. All Republicans present voted for the bill and all Democrats present voted against it.

The four excused absences were:

•Republican Senator Fletcher Hartsell (Cabarrus, Iredell). Recall that we asked that you call him because we had information that he might waver on the vote.
•Democrat Senators Eric Mansfield (Cumberland); Michael P. Walters (Hoke, Robeson); and Stan M. White (Beaufort, Camden, Currituck, Dare, Hyde, Pasquotank, Tyrrell, and Washington)
 
SB514 Defense of Marriage Act states that "Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts."


The bill passed in the House on Monday, Sep 12th.

The Defense of Marriage Amendment will be on the ballot in the first primary in 2012, which is May 2012. The people of NC will determine its outcome.

Senator Phil Berger, President Pro-Tempore, said of the Senate vote: "We think the people of this state--not judges, bureaucrats, or politicians--should define marriage, which I personally believe should be between one man and one woman. We look forward to eight months of healthy debate before voters decide this issue at the polls."

(Thanks again to everyone who worked for this amendment so that the people can vote on it. See the NCFRW Special Report dated Sep 13, 2011.)

2. Speaker/Pro Tem Term Limits (HB823)

The bill is an amendment to the NC Constitution to "limit the Speaker of the House of Representatives and the President Pro Tempore of the Senate to serve for four consecutive two-year terms in those offices."

•On Monday, Sep 12, the Senate passed the bill in a vote of 35 to 9 with 1 not voting and 5 excused absences.

All Republican Senators voted 'Yes," except Senator Hartsell who had an excused absence.  Five Democrats voted "yes:"

Senator Daniel G. Clodfelter (Mecklenburg)
Senator Malcolm Graham (Mecklenburg)
Senator Ed Jones (Bertie, Chowan, Gates, Halifax, Hertford, Northhampton, Perquimimans)
Senator Josh Stein (Wake)
Senator Don Vaughan (Guilford)

Nine Democrats voting "no:"

Senator Bob Atwater (Chatham, Durham, Lee)
Senator Doug Berger (Franklin, Granville, Vance, Warren)
Senator Dan Blue (Wake)
Senator Charlie S. Dannelly (Mecklenburg)
Senator Eleanor Kinnaird (Orange, Person)
Senator Floyd B. McKissick (Durham)
Senator Martin L. Nesbitt (Buncombe)
Senator William R. Purcell (Anson, Richmond, Scotland, Stanly)

Senator Gladys A. Robinson (Guilford)

Senator Stan White (Beaufort, Camden, Currituck, Dare, Hyde, Pasquotank, Tyrrell, Washington) did not vote.

The following Democrat Senators had excused absences: Linda Garrou (Forsyth), Clark Jenkins (Edgecombe, Martin, Pitt); Eric Mansfield (Cumberland), and Michael P. Walters (Hoke, Robeson).

•In the House on Tues, Sep 13 the bill passed in a vote of 118 to 0 with 1 not voting and 1 excused absence. Democrat Representative Marcus Brandon (Guilford) did not vote; and

Republican Representative D. Craig Horn (Union) had an excused absence.

Star News reported that Senate leader Phil Berger said,"the change approved Monday would keep any single person from holding power for decades." Star News added, "His predecessor as president pro tempore, Sen. Marc Basnight, D-Dare, served a record 18 years at the post."

•The Term Limit Amendment will be on the November 2012 ballot for the people of NC to decide.

September 14, 2011 Calendar for NC House

The following vetoed bills may be reconsidered today: Voter Photo ID (HB351), the Energy Jobs Act (SB709), No Dues Checkoff for School Employees (SB727), and Water Supply Lines/Water Violation Waivers (HB482).


US Congress

1. Leahy-Smith America Invents Act regarding patent awards. The Senate passed the legislation in a vote of 89 to 9 with 2 not voting on Sep 8. Both Senators Burr and Hagan voted for the bill.

2. Motion to Proceed on Debt limit disapproval - The Senate rejected the motion in a vote of 45 to 52 with 3 not voting. The motion would have initiated a resolution to disapprove a $500 billion debt limit increase, according to MEGAvote.

"Under the budget law enacted on August 2, the debt limit was increas[ed] by $400 billion. A second increase of $500 billion will take effect unless Congress passes a disapproval measure."
(Megavote)

Senator Burr voted for the Resolution to stop an automatic increase of $500 billion to the debt limit. Senator Hagan voted against the Resolution to stop the automatic $500 billion increase.

The bottom line is that Senator Burr does not want the debt limit automatically increased another $500 billion; and Senator Hagan agrees with an additional $500 billion added to the debt limit already enacted ($400 billion), resulting in a total of $900 billion in increased debt limit to date.

3. "Empowering Parents through Quality Charter Schools Act" HR2218 - On Sep 13, the House passed the legislation in a vote of 365 to 54 with 12 not voting. The legislation replaces current laws on charter schools with special attention to grants. All NC Representatives voted for the legislation.


Sources: ncga; Press Release from Senator Phil Berger, Sep 13, 2011; Star News Online, "Gay marriage ban will be on May ballot in NC," by Gary D. Robertson, AP, Sep 13, 2011 and "House, Senate versions on NC leader limits differ," AP, Sep 12, 2011; senate.gov; house.gov; Megavote: NC 6th, 9/12/2011.