Coastal Carolina Taxpayers Association (CCTA)

Conservative News & Views, and the latest Action Alerts in the fight for our country! CCTA is the "Tea Party" movement in Carteret, Craven, Pamilico and Jones counties, NC. Everyone is welcome!

NC STATE LEGISLATION

To reach a member of the House or Senate, you can find individual home pages on the websites.  To check on the status of any bill go to the Civitas Institute Bill Tracker.

NORTH CAROLINA GENERAL ASSEMBLY 2012 SESSION
Update May 21, 2012


Introduced Legislation:

HOUSE JOINT RESOLUTION 983: ACT TO PROVIDE THAT NORTH 2 CAROLINA SHALL NOT COMPLY WITH ICLEI/AGENDA 21, RELATIVE TO THE RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT AND THE STATEMENT OF PRINCIPLES FOR THE SUSTAINABLE MANAGEMENT OF FORESTS. Sponsors: Representatives Bradley, Cleveland, Cook, and Pittman (Primary Sponsors) Norman Sanderson has also signed on. Latest Action: May 17, 2012 Referred to Rules, Calendar, and Operations of the House.

HB 925: Annexation Reform 2--Sponsor: Moffit, Tim (R-Buncombe). Latest Action: 5/16/12 Senate Committee Substitute Adopted. Summary: AN ACT TO REQUIRE A VOTE OF THE RESIDENTS PRIOR TO THE ADOPTION OF AN ANNEXATION ORDINANCE INITIATED BY A MUNICIPALITY. The General Assembly of North Carolina enacts: SECTION 1.Part 7 of Article 4A of Chapter 160A of the General Statutes is 5 amended by adding a new section to read: "§ 160A-58.64. Referendum prior to involuntary annexation ordinance. After the adoption of the resolution of intent under this Part, the municipality shall place the question of annexation on the ballot. The municipal governing board shall notify the appropriate county board or boards of elections of the adoption of the resolution of intent and provide a legible map and clear written description of the proposed annexation area.
Public Notice of Annexation information meetings; dates for the referendum on ballot; The ballots used in a referendum shall submit the following proposition: "[ ] FOR [ ] AGAINST and The annexation of (clear description of the proposed annexation area)." If less than a majority of the votes cast on the referendum are for annexation, the 26 municipal governing body may not proceed with the adoption of the annexation ordinance or 27 begin a separate involuntary annexation process with respect to that proposed annexation area 28 for at least 36 months from the date of the referendum. If a majority of the votes cast on the 29 referendum are for annexation, the municipal governing body may proceed with the adoption of 30 the annexation ordinance under G.S. 160A-58.55." http://www.ncleg.net/Sessions/2011/Bills/House/PDF/H925v4.pdf
Comments: This legislation protects individual property rights and community rights from the government's process of intrusive forced annexation to raise more tax revenue. Instead the bill gives the power back to the people through the referendum process. I would like to see an amendment to this bill which would also allow communities to petition their county government for a referendum if the city wishes to be annexed due to infrasture and county service needs. That would give the ultimate decision on annexation to the individual and prevent the government from cherry picking wealthier communities over others, who may be in greater need of county services and are willing to pay higher taxes in order to get them.
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NC General Assembly - Current Status of Key Bills--June 15, 2011


1. NC Budget Override - The House voted to override the governor's veto in a vote of 73 to 46, just after midnight this morning. All five Democrats kept their word to vote with the Republicans. The Senate could vote on the override either today or Thursday, and has an advantage of 31 Republicans to 19 Democrats. To override the governor's veto, a margin of three-fifths of the votes is needed in the Legislature.

2. Voter Photo ID (HB351/S351) - "Restore Confidence in Government" bill is currently on the calendar today to be discussed in the Senate's Committee on Appropriations/Base Budget. We want to ensure that this issue is voted on the Senate before this session ends on Fri, Jun 17th. Call the Chairman of the Senate Appropriations Committee Sen. Peter Brunstetter (919) 733-7850; or the Co-Chairmen Sen. Neal Hunt (919) 733-5850; or Sen. Richard Stevens (919) 733-5653 to move this important legislation to a Senate vote by Friday, Jun 17th.


3. Abortion-Woman's Right to Know Act (HB854) - Moved from the Judiciary I Committee in the Senate to the Rules and Operations Committee in the Senate. Call the Chairman, Sen. Tom Apodaca (919) 733-5745, or Vice Chairman Peter S. Brunstetter (919) 733-7850 to get the legislation voted on this session in the Senate.

4. Energy Jobs Act (SB709) The bill passed in the House in a vote of 68 to 49 on Jun 14th. It previously passed in the Senate. The bill increases energy production in NC and facilitates economic growth and creates jobs. Next stop is to the governor.

5. Defense of Marriage (SB106) - Defense of Marriage will be heard in a special session devoted to amendments to the NC Constitution, most likely in August or September.

Sources: ncga.state.nc.us; Greensboro News & Record, "N.C. House overrides budget veto, " by Mark Binker, Jun 15, 2011;

RECENTLY PASSED

2011-1--SB 55: Increase Property Tax Appeals Efficiency. An act to increase the efficiency of property tax appeals in Mecklenburg County.

2011-2--HB 18: Restore Firearms Rights/Tech Corrections. An act to clarify the effective date for the law regarding restoration of firearms rights and the law amending the felony firearms act to allow certain exceptions that are similar to those allowed under federal law, and to clarify that the information obtained pursuant to a criminal record check of a petitioner for the restoration of firearms rights shall be kept confidential but is not required to be kept in a separate confidential file.

2011-3--SB 76: TC: Eligibility: Indus Facil/Fix Uwharrie Com. An act to make technical and clarifying changes to the industrial facilities sales tax refund, a technical correction to the membership count of the Uwharrie Commission, to provide interest on overpayment of property tax and to provide delay of the collection of property tax pending appeal.

2011-4—SB 97: Clarify Refunds of Tax Overpayments. An act to clarify when the Department of Revenue is required to initiate a refund of an overpayment of tax and to authorize the issuance of refunds of overpayment that have been identified by the department consistent with this clarification.

2011-5--H124: IRC Update. An act to update the reference of the Internal Revenue Code.


2011-6—HB 3:  Exclusion or suppression of unlawfully obtained evidence.  An act to provide for the adoption of the Good Faith Exception to the Exclusionary Rule into state law.


2011-7—SB 165(=HB 125):  NC Turnpike Authority Corridor System.  An act to restrict the NC Turnpike Authority’s selection of transportation to existing protected corridors or corridors south of an existing protected corridor except in the area of Interstate 40 East.


2011-8-- HB 48 (= S114): No Standardized Testing Unless Required by Feds. An act to reduce spending by eliminating statewide testing in the public schools, except as required by Federal Law or as a condition of a Federal Grant. Sponsors: Holloway; Blackwell; Hilton; Cotham.
2011-9-- 
2011-10—SB 99: Reform UI Tax Structure/Expedited Analysis. An act to expedite the analysis of the tax structure for unemployment insurance in North Carolina given the substantial negative balance in the state’s unemployment insurance trust fund and the substantial federal loan balance owed by the state for payment of unemployment insurance benefits.

2011-11—SB 32: Hospital Medical Assessments. This bill will implement an assessment program to improve funding to hospitals for services provided for Medicaid and uninsured patients. This bill is geared to reduce losses incurred by hospitals that treat patients unable to pay for bills, and reduce inequity in Medicaid payments between public and private hospitals. Note: Same as HB 53. Sponsored by: Brunstetter [R] Clodfelter [D] and many co-sponsors. EARMARK: $43,000,000.00.

2011-12— SB 7 (= H13):  Add Controlled Substances.  AN ACT TO ADD MEPHEDRONE, METHYENEDIOXYPROVALERONE AND CERTAIN DERIVATIVES OF 2-AMINO-1-PHENYL-1-PROPANONE, AND SYNTHETIC CANNABINOIDS TO THE LIST OF CONTROLLED SUBSTANCES.  Sponsor:  Harry Brown [R]. 

2011-13-- SB 22: APA Rules – Increasing Costs Prohibition Act.  This bill addresses some of the General Assembly’s regulatory reform initiatives by banning new agency rules unless they correspond to certain exceptions, including: serious threat to public health, safety, or welfare; General Assembly or US Congress act requiring its adoption; change in federal or state budgetary policy; federal regulation; or court order. 

2011-14—HB 6 AN ACT TO ALLOW THE STATUTORY DUTIES OF THE HOUSE COMMITTEE ON PENSIONS AND RETIREMENT TO BE CARRIED OUT BY THE HOUSE COMMITTEE ON STATE PERSONNEL.

2011-15—SB 109: Spending Cuts for the Current Fiscal Year. Filed in response to Gov. Perdue’s veto of Senate Bill 13, this law will grant the Governor discretionary power to find $538 million in available funds for the current budget year. The bill would allow Perdue to reduce spending and transfer funds from “non-General Fund accounts” in order to arrive at the $538 million. The only exemptions for funding sources are the Judicial Branch and Legislative Branch. Finding the additional funds in this year’s budget will allow these funds to be carried over to next year’s budget availability, helping to shrink the anticipated $2.4 billion budget gap.

2011-18--HB 92:  Repeal Land Transfer Tax.  This act would repeal Article 60 of Chapter 105 of the General Statutes, which allow a board of county commissioners to levy a local land transfer tax up to a rate of four-tenths percent (0.4%).  Sponsored by: Tommy Tucker [R].  
2011-19-- HB 27 (=S 40):   Forensic Sciences Act.  This bill is to make changes to the State Bureau of Investigation crime laboratory and to make it a felony for a lab worker to deliberately omit or misrepresent evidence.  Sponsored by:  Representatives GlazierStamMichaux and Jackson. 

2011-20—HB 60 (=SB 402): Extend Hearing Loss Taskforce. An act to extend the Task Force Developing Guidelines for Consumers to use when purchasing a hearing aid, as recommended by the NC Study Commission on Aging. 

2011-21—SB 20:  Amend Law Regulating Proprietary Schools.

2011-22--HB 29:  Retrieval of Big Game.  An act to authorize the retrieval of killed or wounded big game using a single dog on a leash.

2011-23--SB 58: FMAP Cuts Modification.  This bill will modify FMAP cuts in the upcoming fiscal year, and authorize the governor to address Medicaid liabilities incurred during the last fiscal year (2009-2010) up to the sum of $125,000,000.   Sponsored by:  Peter Brunstetter [R]; Neal Hunt [R] and Sarah Stevens [R]. EARMARK:  $125,000,000.00.
 Confectioners may use up to 5% Alcohol By Vol. This bill will allow candy and chocolates to contain up to five percent alcohol by volume, but require a conspicuous label if the confectionery contains more than 0.5 percent alcohol. Sponsored by Representative Deborah Ross [D]. 


2011-24—HB 62 (=SB 64): Prohibit Boylston Creek Reclassification. An act to prohibit the rule to change the water quality classification of Boylston Creek from becoming effective.
2011-25—HB 187: Require Labels for Ethanol-Blended Gasoline. An act to direct the Gasoline and Oil Inspection Board to adopt rues related to the labeling of dispensing pumps and other dispensing devices that offer ethanol-blended gasoline for retail sale in NC.

2011-26-- HB 90: 


2011-27—SB 51:  Charitable Solicitations/Clarify Exemption.  An act to clarify that certain organizations of ecucational institutions ar covered by the educational institution exemption from charitable solicitation licensing requirements.

2011-28—SB 18: Clarify Definition/Jud. District/State Bar. An Act clarifying the definition of Judicial Districts under the laws regulating the NC State Bar.

2011-29--SB 248 (=HB 249):  Update Archaic Disability Terms.   An act to update certain terminology in reference to persons with disabilities, as recommended by the General Statutes Commission.

2011-30—SB 107:  Tax of Improved Prop in Roadway Corridors.  An act to reduce the property tax owed for improved property inside certain roadway corridors.

2011-31—HB 21:  County Administration of Municipal Elections.  An act to clarify the administration of nonpartisan municipal elections by county boards of elections. 

2011-32—SB 47(=H.B.64): Restore Partisan Judicial Elections. Sponsored by: Jerry W. Tillman. This is a good bill. This bill allows for the public to be better informed about the overall sentiment of the individual they are electing. Since many voters, are uninformed concerning judicial candidates, this would at least allow the voter to know which party the judicial candidate is affiliated with.

2011-33—SB 29: Tax Certification—Alamance County. An act to authorize Alamance County to require the payment of delinquent property taxes before recording deeds conveying property

2011-34—SB 263: ETJ/Wake Municipal Farm Exemption. An act to allow municipalities in Wake County to exempt bona fide farms from obtaining building permits for accessory building in its extraterritorial jurisdiction.

2011-35—SB 159: Military Service Notation on Licenses. An act to authorize the Division of Motor Vehicles to make a notation on a NC Drivers License showing a license holder’s military veteran status.

2011-36—HB 321: Grifton Shad Festival. An act adopting the town of Grifton’s Shad Festival as the Official Shad Festival of the state of North Carolina
2011-38—HB 103: Requirements for Mineral Oil Spills. An act to clarify requirements applicable to notice, collection and removal of mineral oil discharges from electrical equipment.

2011-39—SB 368: Modify Swimming Pool Requirements. An act to modify the application of certain fencing requirements to public swimming pools; provide that requirements related to dressing and sanitary facilities do not apply to interactive play attractions; direct the Commission for Public Health to study issues related to fencing requirements for wading pools; and temporarily prohibit the Department of Environment and Natural Resources from enforcing certain requirements related to fencing for wading pools.


2011-37—HB 59:  Sex Offenders Can Not Be EMS Personnel.  An act to prohibit sex offenders from being Emergency Medical Services Personnel.

2011-55—SB 75:  Promote Electricity Demand Reduction.   An act to promote the use of electricity demand reduction to satisfy renewable energy portfolio standards.

2011-60--H.B. 215: Unborn Victims of Violence Act/Ethen's Law.  This legislation will make it a felony for an attacker to kill or injure a fetus at any stage of development. The proposed bill would expand to the rest of the state a law already in effect on federal property like Camp Jejune and the
2011-61--HB 219: Sex Offender Registry Amendments.  An act to make changes to the state’s sex offender registry, including a requirement that an offender indicate on an initial registration form the name under which the person was convicted for the sex offense. Sponsored by:  Representatives T. Moore, R-Cleveland; Mike Hager, R-Cleveland, Rutherford; Bill Cook, R-Beaufort, Pitt; and Pridgen with multiple co-sponsors.

2011-63—HB 316: Modify NCGA Police Powers. An act to provide the North Carolina General Assembly Special Police with Statewide Law Enforcement Jurisdiction.
2011-66—SB 464: An act to enact the Debt Reduction Act of 2011. 


2011-68—HB 407: Modify ATV Helmet Use Requirements. An act to modify the requirement that a person who is eighteen years old or older wear a helmet while operating an all-terrain vehicle.


PRESENTED TO THE GOVERNOR: 

HB 7: Comm. Colleges/Opt Out of Fed’l Loan Program —The measure would have given community colleges leeway to opt out of federal loan programs. Sponsored by: Representatives Ingle; Cleveland; McCormick. STATUS: Governor vetoed 4/13/11.

HB 92: Repeal Land Transfer Tax. This bill would repeal the general statute granting counties the option of levying a tax on the sale of real property – most notably homes. The current statute authorizes counties to levy a tax on sellers of property of up to 0.4% of the value of the property – upon approval of voters in the county. Sponsored by: Julia Howard [R]; Edgar Starnes [R]; Bill Brawley [R] and Johnathan Jordan [R].
STATUS:  Presented to the Governor 3/23/11.

H.B. 123 (= S93): Business Entity Changes. An act to revise the business entity ownership requirements of land at present-use value. Ratified 3/10/11.
HB 129 (=S87): Level Playing Field/Local Gov't Competition. An Act to Protect Jobs and Investment by Regulating Local Government Competition With Private Business. A bill that would limit the ability of cities and towns to go into the cable and telecommunications business passed the N.C. House of Representatives Monday night, and now heads to the Senate. The bill exempts existing municipal systems, including MI-Connection Communications System owned by the towns of Davidson and Mooresville, but restricts the systems’ boundaries. Supporters proposed the bill because they said cities and towns have unfair advantages in competing with private businesses in providing cable TV and high-speed communications services. Besides Davidson and Mooresville, several other cities and towns are already in the business, including Salisbury and Wilson. Sponsored by: Representatives Avila [R]; Howard [R]; Carney [D]; and Wainwright [D]. STATUS:  Ratified May 9, 2011 and presented to the Governor on 5/10/11.

HB 162: Exempt Small Ag Processing from Permit Requirements. An act to exempt certain activities related to small-scale processing of agriculture products from wastewater permit requirements. Sponsored by: Langdon; Dixon; McCormick; Spear and several co-sponsors.  STATUS:  Presented to the Governor 4/14/11.
Blue Ridge Parkway
. The federal law was approved in 2004 after thee 2002 death of a pregnant California woman, Laci Peterson. More than two-thirds of the states have laws allowing homicide prosecution for someone who causes the death of a fetus. About half the states define a fetus starting with conception. The bill makes clear that the provisions don’t apply to legal abortions. Sponsors: Dale R. Folwell [R]; Mark K. Hilton [R]; Edgar V. Starnes [R]l; Fred F. Steen II [R]; with multiple co-sponsors. 

HB 234 (=SB 468):  Juror Qualifications/Disabilities.  An act to amend the qualifications for prospective jurors in order to allow hearing impaired persons to serve as jurors and to provide for persons with disabilities to apply for exemptions from jury duty. 


HB 383 (=S343):  Extend Unemployment Insurance Benefits.  An Act to Protect Unemployment Benefits and Prevent any Shutdown of State Government.  Sponsored by:  Reps. BrubakerMcComasWainwrightTolson and 15 co-sponsors.  STATUS:  Presented to the Governor, 4/16/11.  (NOTE:  4/16/11-- Governor Perdue just signaled she is going veto House Bill 383 later this afternoon.  House Bill 383 would extend benefits to 37,000 unemployed North Carolinians and reduce government spending by 13 percent, yet Governor Perdue chose to veto!)

SB 13: Balanced Budget Act of 2011. This bill would authorize the governor to hold back $400 million from state agencies in the current budget year of 2010-11. It would further transfer another $142 million from various state accounts such as Golden LEAF, the Tobacco Trust Fund, the Health and Wellness Trust Fund, the Wildlife Resources Commission and the Parks & Recreational Trust Fund. By reducing expenditures and tapping other state funds for additional revenue in the current budget year, more unspent funds will be available to carry over to next year’s budget – reducing the size of the budget gap that will need to be closed. Sponsored by: Richard Stevens (R), Peter Brunstetter (R), and Neal Hunt (R). STATUS: Presented to Gov. Perdue on 2/15/11, and she vetoed on 2/22/11. March 9th, Veto Overridden, received in the House and read.

SB 32: Hospital Medical Assessments. This bill will implement an assessment program to improve funding to hospitals for services provided for Medicaid and uninsured patients. This bill is geared to reduce losses incurred by hospitals that treat patients unable to pay for bills, and reduce inequity in Medicaid payments between public and private hospitals. Note: Same as HB 53. Sponsored by: Brunstetter [R] Clodfelter [D] and many co-sponsors. STATUS: March 17th, ratified and presented to the Governor. EARMARK: $43,000,000.00.

SB 51:   Charitable Solicitations/Clarify Exemption.  A bill to be entitled An Act to Clarify that Certain Organizations of Educational Institutions are Covered by the Educational Institution Exemption from Charitable Solicitation Licensing Requirements.  Sponsored by Senator Bingham.  STATUS:  Ratified on 03/31/2011 and presented to the Governor.

SB 99: Reform UI Tax Structure/Expedite Analysis. Introduced 2/22/11 to direct the state Commerce Dept. to hire a firm that would make recommendations on the state’s unemployment insurance system and how to close a nearly $2.6 billion debt in the unemployment trust fund. Sponsored by: Senators Debbie A. Clary, R-Cleveland, Rutherford; Bob Rucho, R-Mecklenburg; and Fletcher L. Hartsell, Jr., R-Cabarrus, Iredell. STATUS: Passed Senate, ratified on 03/17/2011and presented to the Governor.

Senate Bill 137 (= H120):  Establish Forgivable Loan Fund.  An act to establish the forgivable education loans for service program and the forgivable education loans for service fund as recommended by the joint select committee on state-funded financial aid.  Presented to Gov. Perdue on 5/5/11.

SB 154: Abolish Higher Education Bond Oversight Committee. An act to abolish the higer education bond oversight committee, which has completed its work. Sponsored by: Rep. Richard Stevens [R] and co-sponsors. STATUS: Presented to the Governor on 4/14/11.

SB 265: State Health Plan/Appropriations and Transfer. The bill would have state employees contribute to their health insurance premiums. It would also increase co-pays and deductibles. Under the proposal the State Treasurer would take over control of the Health Plan. A legislative committee now has oversight. The State Employees Association and retiree groups are concerned about the co-pays and deductibles and want to work to change those provisions. Bill sponsor Republican Senator Tom Apodaca says the bill needs to move quickly so it can be sent to the Governor by April. STATUS: Governor vetoed on 4/14/11, Veto Overridden, received in the House and read.

SB 281:  Municipal Service District/Streets.  An act to authorize cities to establish a municipal service district for the purpose of converting private residential streets to public streets and to authorize related community associations to transfer planned community property to cities.


NC HOUSE OF REPRESENTATIVES

HB 2: Protect Health Care Freedom. The bill attempts to counter the ObamaCare mandate that everyone must enroll in or purchase some sort of health insurance coverage and would allow North Carolina to join with 28 other states to challenge the constitutionality of ObamaCare. Sponsored by: Paul Stam [R]; Jeff Barnhart [R]; Mark Hollo [R] and Tom Murry [R]. Status: March 5th, vetoed by Gov. Perdue and on March 9th, failed to override veto.


H.B 5 and H.B. 37: which respectively block involuntary annexations of about 1,200 Lenoir County residents into Kinston and 2,000 people from Davidson County into Lexington. Both annexations are in litigation. Rep. William Wainwright, D-Craven, said during debate on the Kinston bill that stopping the annexation could violate the constitution by inserting state lawmakers into local boundary disputes. The Kinston bill sponsor, Rep. Steven LaRoque, R-Lenoir, cited another constitutional provision in backing the deannexations. The bills next move to the Senate.


HB 8: Eminent Domain. This bill aims to end the state government’s practice of seizing private property (with minimal compensation to the owner) only to hand it over to another private interest. The bill would amend the state constitution to include the provision: “Private property shall not be taken by eminent domain except for a public use. Public use does not include the taking of property in order to convey an interest in the property for economic development. Just compensation shall be paid and, if demanded, shall be determined by a jury.” Sponsored by: Paul Stam (R), David Lewis (R), and Chuck McGrady (R). STATUS: Referred to House Judiciary Committee on 1/27/11.


HB 9: Involuntary Annexation Moratorium. This bill would enact a moratorium on involuntary annexation until July 1, 2012. Involuntary annexation involves an incorporated municipality taking over additional land without the approval of voters living in the additional land. Sponsored by: Paul Stam (R), David Lewis (R), and Chuck McGrady (R). STATUS: 01/27/2011—Referred to House Commission On Judiciary.

HB 11: No Postsecondary Education/Illegal Aliens. This bill would effectively prohibit illegal aliens from attending North Carolina universities and community colleges. Just months ago, North Carolina’s State Board of Community Colleges ruled to allow illegal immigrants to enroll in community colleges. The ruling was a reversal of a previous ban. The community college policy on admittance of illegal immigrants has been changed several times in the last decade. Sponsored by: George Cleveland [R]. STATUS: Referred to the House Committee on Education on 1/31/11, if favorable, Appropriations.  No movement since 1/31 – in Education Committee!

HB 14: Vietnam Veterans and Beirut Memorial Signs. This bill appropriates $50,000 for the Department of Transportation to erect new signs and replace the old ones along NC Hwy 24 and US Hwy 17 directing people to the various veterans’ memorials in Jacksonville, NC. Sponsored by: George Cleveland [R] and Phillip Shepard [R]. STATUS: February 28th, re-referred to House Committee on Appropriations. EARMARK: $50,000.00.

HB 16 (=S10): Child Advocacy Funds. This bill would appropriate funds to “the 23 fully certified child advocacy centers” across North Carolina. The child advocacy centers provide services for abused children. Sponsored by: Marvin Lucas [D]; Diane Parfitt [D]; Rick Glazier [D] and Alice Bordsen [D]. Status: February 10th, re-referred to House Committee on Appropriations. EARMARK: $575,000.00.

HB 20: Texfi Site Contamination Funds. Department of Environment and Natural Resources, Division of Waste Management to cost-share federal funds for the cleanup and monitoring of the groundwater and other contamination located at the Texfi site in Fayetteville. Note: Same as SB 12. Sponsored by: Marvin Lucas [D]; Elmer Floyd [D]; Diane Parfitt and Rick Glazier [D]. Status: February 10th, re-referred to House Committee on Appropriations.  EARMARK: $50,000.00.

HB 22: Vance-Granville Comm. Coll. Bond Funds. An act to provide for additional flexibility for Vance-Grnville Community College Bond Funds. Sponsored by: Representative James W. Crawford, Jr (D-32). STATUS: 03/10/11, Re-referred to House Committee On Education/Higher Education. If favorable, re-refer to finance.

HB 28: DHHS to Provide Law Enforcement Information. An act to require the Department of Health and Human Services to provide law enforcement officers and agencies with any information requiested for the purpose of locating individuals that are receiving any services from the department and for whom law enforcement has an active investigation or any outstanding criminal process issued by a judicial official. Sponsored by: Representatives Burr, Guice, Ingle, and Randleman and several co-sponsors. STATUS: 2/3/11, Referred To House Committee On Judiciary Subcommittee B.  No movement since 2/3 – in Judiciary, Subcommittee B!

HB 31: Unlawful to Use Mobile Phones While Driving. This bill would ban cell phone use while driving including hands fee Bluetooth technology. Cell phone use while driving would be a class 2 misdemeanor punishable by a $100 fine. This bill was featured as a bad bill of the week. Sponsored by: Garland Pierce [D]. Status: February 3rd, referred to House Committee on Rules, Calendar, and Operations of the House.


HB 32 (=S225): Electoral Freedom Act of 2011. This bill would reduce the number of votes required to form or continue a new political party to ten thousand statewide votes, down from a former two percent of total statewide votes. Additionally, the bill would reduce the number of signatures required by an unaffiliated candidate to obtain ballot access eligibility. Sponsored by: Jean Farmer-Butterfield [D]; Stephen LaRoque [R]; Paul Luebke [D] and Glen Bradley [R]. Status: February 3rd, referred to House Committee on Elections.

HB 33: State Law to Provide for Acceptable ID’s. This bill clearly establishes what is considered as an acceptable form of identification in the state of North Carolina “for use in determining a person's actual identity by a justice, judge, clerk, magistrate, law enforcement officer, or other government official.” The bill itemizes five acceptable forms of ID, and include: a state issued driver’s license, a passport, military ID, official documents from the federal government showing the person to be a legal citizen, or a “special identification card” as established in G.S. 20-37.7. HB 33 also repeals any local government policy or ordinance that accepts any ID not included in the bill. Sponsored by: Mike Hager (R), and George Cleveland (R). STATUS: On 4/4 passed 1st reading and moved into Committee on Rules and Operation.

HB 35: Military Business Center Funds. BAD BILL: Though this bill sounds nice, this is not the job of our General Assembly. The focus of our General Assembly should be in the limiting of unnecessary appropriations, not the extension of such practices. The state of North Carolina ranks the highest in the South East for tax burden. The general assembly should be spending its time on cost cutting measures, that make all our businesses more competitive rather than, less competitive measures that favor a few. Sponsored by: Glazier [D], Lucas [D], Parfitt [D], and Brisson [D]. STATUS: Referred to House Appropriations Committee on 2/7/11.

HB 36: Public Contracts/Illegal Immigrants. H.B. 36 prohibits state and local government contracts with contractors who employ illegal immigrants and requires that such contractors verify and certify the legal status of their employees or authorization to work in the United States. Sponsored by: Harry Warren (R), George Cleveland (R), and Dale Folwell (R). STATUS:  Passed by the house on 6/8/11.  Update 6/15/11:  The version of HB 36 that just passed in the NC Senate is NOT the version passed by the House. Behind closed doors, NC Senate GOP leaders gutted the E-verify bill that would have opened up tens of thousands of jobs for desperate American workers.  This bill was gutted by Senate President Phil Berger of Rockingham [919-733-5708], NC along with Senators Tom Apodaca of Hendersonville [919-733-5745], Bob Rucho from Charlotte [919-733-5655], and Harry Brown of Jacksonville [919-715-3034]. Other Senators may be involved and we are gathering information about that now.


HB 41: Tax Fairness In Education. This bill would offer a refundable state tax credit up to $2,500 to families choosing to educate their children in something other than a public school. The wording of this bill indicates that would include private schools as well as home schooling. To be eligible for the credit, families must be below a specified income threshold. The income thresholds are $100,000 for a married couple filing jointly or $60,000 for a single filer. Sponsored by: Paul Stam (R), Mike Hager (R), Jeffrey Collins (R), and Bill Brawley (R). STATUS: February 7th, referred to the Committee on Education, if favorable, Finance


HB 46: Defense and Security Technology Accelerator. This bill would appropriate funds to the Partnership for Defense Innovation, specifically to support the Defense and Security Technology Accelerator which is a military defense business accelerator. This bill is similar to SB 30 and matches HB 47. Sponsored by: Diane Parfitt [R]; Elmer Floyd [R]; Marvin Lucas [R] and Rick Glazier [R]. Status: February 8th, referred to House Committee on Rules, Calendar, and Operations of the House. EARMARK: $1,000,000.00

HB 47: Defense and Security Technology Accelerator. This bill would appropriate funds to the Partnership for Defense Innovation, specifically to support the Defense and Security Technology Accelerator which is a military defense business accelerator. This bill is similar to SB 30 and Matches HB 46. Sponsored by: Elmer Floyd [D]; Diane Parfitt [D]; Marvin Lucas [D] and Rick Glazier [D]. Status: February 8th, referred to House Committee on Rules, Calendar, and Operations of the House. EARMARK: $1,000,000.00.


HB 51: PTA Parental Involvement/Dropout Previous Funds. Though this may be a worthwhile cause, it is not the responsibility of the General Assembly to force taxpayers to give to charity. This bill also does not include the percentage of appropriated funds going to the consumer of the non-profit’s services. Bill would cost $500 thousand per fiscal year. Sponsored by: Lucas [D] and Glazier [D]. STATUS: Referred to Appropriations Subcommittee on Education on February 10, 2011. EARMARK: $500,000.00.


HB 53: Hospital Medicaid Assessments. This bill will implement an assessment program to improve funding to hospitals for services provided for Medicaid and uninsured patients. This bill is geared to reduce losses incurred by hospitals that treat patients unable to pay for bills, and reduce inequity in Medicaid payments between public and private hospitals. Note: Same as SB 32. Sponsored by: Jeff Barnhart [R]; Marilyn Avila [R]; James Crawford [D] and Rick Glazier [D]. Status: Feb 9th,referred to House Committee On Finance. EARMARK: $43,000,000.00.

HB 61: Speaker/Pro Tem Term Limits. This bill would limit to two General Assemblies the term of the Speaker of the House and President Pro Tem of the Senate. It is noteworthy that one of the bill’s sponsors, Thom Tillis, is current Speaker of the House. Sponsored by: John Blust [R] and Thom Tillis [R]. Status: March 17th House Chamber: Postponed To 3/22/2011.  The house is set to consider on Tuesday, March 29th.

HB 64 (=S 47):  Restore Partisan Judicial Elections. Sponsored by: Sager [R], Dixon [R], Cleveland [R], and Jones [U]. This is a good bill. This bill allows for the public to be better informed about the overall sentiment of the individual they are electing. Since many voters, are uninformed concerning judicial candidates, this would at least allow the voter to know which party the judicial candidate is affiliated with. STATUS: Referred to House Committee on Elections on 2/10/11.

HB 65: North Carolina Farmers Freedom Protection Act. The bill basically would exempt North Carolina farmers from new federal regulations created by the Food Safety Modernization Act, S. 510, which was sponsored by U.S. Sen. Richard Burr. Farmers would be exempted from regulations only if their food were produced and sold within the state. The bill now has 21 sponsors. This is a good bill. This bill clearly states both the limitation of federal and state powers in interstate commerce, on food products. This will help our farmers, by not be forced to take part in less profitable practices that do not include other states. Therefore, this will allow farmers to market products grown here to those who live here, at a better price. Sponsored by: Glen Bradley [R]. STATUS: On 02/10/2011 referred to House Committee on Agriculture.

Example of federal abuse: Wickard v. Filburn, 317 U.S. 111 (1942), was a U.S. Supreme Court decision that dramatically increased the power of the federal government to regulate economic activity. A farmer, Roscoe Filburn, was growing wheat to feed his chickens. The U.S. government had imposed limits on wheat production based on acreage owned by a farmer, in order to drive up wheat prices during the Great Depression, and Filburn was growing more than the limits permitted. Filburn was ordered to destroy his crops and pay a fine, even though he was producing the excess wheat for his own use and had no intention of selling it.


HB 71: Housing Funds for Individuals with Disabilities. Sponsored by: Weiss [D]; Farmer-Butterfield [D]; Earle [D] and Pierce [D] with multiple co-sponsors including Wainwright. Bad Bill: Not the responsibility of our state government. This also allows for more costly duplication within government. Bill would cost 10 Million per fiscal year. Status: Referred To Committee On Appropriations on 02/14/2011. EARMARK: $10,000.00.

HB 73: Eugenics Programs. This bill seeks to establish programs that will verify records of individuals ordered to be sterilized in the past by the NC Eugenics Sterilization program to search for and positively identify survivors. Sponsored by: Larry Womble [D]. Status: February 14th, referred to the House Committee on Health and Human Services, if favorable, Appropriations. EARMARK: $38,648.00.

HB 74: Castle Doctrine. This bill bears strong resemblance to HB 52/ SB 34 with several notable exceptions. The bill includes vehicles to the list of locations acceptable to apply reasonable fear. Also included is a “stand your ground” protection, removing the duty to retreat when attacked outside the home. Furthermore the bill provides better definitions for legal jargon as well as place cost of litigation on attackers (rather than victims) even if the lawsuit is thrown out. Sponsored by: Rayne Brown [R]; George Cleveland [R]; Mark Hilton [R] and Shirley Randleman [R]. Status: February 14th, referred to House Committee on Judiciary Subcommittee B.

HB 84: Expand Inpatient Psychiatric Beds/Funds. This bill appropriates money from the Department of Health and Human services to purchase 50 inpatient beds for psychiatric patients. These beds will be distributed throughout the state in hospitals contracting with the state for psychiatric patients. Sponsored by: Verla Insko [D]; Jean Farmer-Butterfield {D] and William Brisson [D]. STATUS: February 14th, referred to the House Committee on Health and Human Services, if favorable.  EARMARK: $39,121,644.00.

HB 87: Sunshine Amendment. This bill would add an amendment to the constitution declaring that “every person has the right to inspect or copy any public record” related to state government activities. The amendment would also apply to local government entities. Sponsored by: Stephen LaRoque [R] and Tim Moore [R]. Status:  March 17th, House Chamber: Amend 2 Offered.  House Bill 87, Sunshine Amendment, is on the calendar for Wednesday, March 30, 2011.  It would enshrine North Carolina’s open-records law in the state constitution, but debate has hinged on whether the bill should be converted from an amendment to a less-powerful statute.


HB 89: NC OneMap Project. This bill appropriates money for the NC OneMap program. Allocations will include $96,500 for the 2011-2012 fiscal year and $862,50 for the 2012-2013 fiscal year, with the purpose of consolidating North Carolina’s geographic information system infrastructure. Sponsored by: Joe Tolson [D]. Status: February 15th, referred to House Committee

HB 93: Modify Refundability of EITC. The Earned Income Tax Credit (EITC) was established in 1975 by the Federal Government and targeted at low to moderate income earners. Basically, the EITC reduces the amount of tax owed by low income earners. The more they earn, the smaller the credit. The federal EITC is refundable, which means that if the size of the credit ends up being more than the taxes owed, the taxpayer will receive money back from the government. A few years ago, North Carolina created a state-level EITC to piggyback the federal one. North Carolina currently offers a credit at 5% the size of the federal credit, and it is refundable. This bill would make the state EITC non-refundable, meaning the most the state EITC can do is lower the taxpayer’s state income tax bill to zero, but will not send excess funds to the taxpayer even if the size of the state credit is larger than the state income tax owed. Sponsored by: Julia Howard [R]; Mitchell Setzer [R]; Harold Brubaker [R] and Edgar Starnes. STATUS: Referred to House Committee on Finance.

HB 99:  Judicial Terms.   A act to amend the North Carolina Constitution to allow appellate court justices and judges adequate time to fufill their judicial duties before running for election, and to  improve election administration by increasing from sixty to ninety days the window where a special election is required to fill a vacancy in the Offices of Superior Court Judge and District Attorney, and to make conforming statutory changes.  Sponsored by: Reps. Ross; and Rhyne; with several co-sponsors. House Bill 99 will amend our state’s constitution concerning vacancies in the offices of superior court judges and district attorneys. Justice Robert Orr joins with Rep. Deborah Ross to make this change for our judicial elections. As I listened to the committee proceedings at the general assembly, I agree that there is some logic as Justice Orr points out in an article (excerpt below):  http://randysright.wordpress.com/2011/04/21/randys-right-nc-action-alert-rep-ross-tries-pulling-the-wool-over-our-eyes-once-again/.  STATUS:  Referred to House Committee on Judiciary Subcommittee A on 4/13/11.

HB 100: Nonprofits/Criteria to Receive State Funds. This bill would create a set of criteria for private nonprofit organizations to receive state funds. Specifically, nonprofits would need to receive 35% of their funding from private sources and limit their administrative expenses to 15% or less of their total budget. Thousands of nonprofits across North Carolina receive hundreds of millions in state grants every year, and typically dozens receive direct appropriations from the state’s General Fund. Many of these nonprofits rely heavily on state funds for their operations – this bill would make nonprofits more reliant on voluntary private donations rather than state funding. Sponsored by: Larry Brown [R] and George Cleveland [R]. Status: February 16th, referred to House Committee on Appropriations.

HB 111:  Handgun Permit Valid in Parks and Restaurants.  An act to allow persons with concealed handgun permits to protect themselves and their families in restaurants and to allow a concealed handgun permittee to carry a handgun in a park.  Sponsored by:  Reps. HiltonBarnhart; Steen; and Hastings with several co-sponsors. STATUS:  Re-referred to House Committee on Judiciary II on 4/14/11.

HB 128 (=S116) Special Olympics Funds. This bill would appropriate funds to the Department of Health and Human Services to help fund the North Carolina Special Olympics, covering any cost that may be incurred. Half the fund would be transferred in fiscal year 2011-2012, and half in 2012-2013. Sponsored by: Verla Insko [D] and Charles Graham [D]. Status: February 21st, referred to House Committee On Appropriations.  EARMARK: $200,000.00.

HB 130: Women at Risk Funds. This bill would appropriate funds to the Department of Correction for the Women at Risk program in Buncombe county and surrounding counties. Half of the funds would be awarded for the 2011-1012 fiscal year, the other half for the 2012-2013 fiscal year. Sponsored by: Susan Fisher [D] and Patsy Keever [D]. STATUS: February 21st, referred to House Committee on Appropriations. EARMARK: $560,000.00.

HB 135 (= S367):  Efficient and Affordable Energy Rates Bill.  An act to require the North Carolina Utilities Commission to establish tiered electricity rates for residential, commercial, public, and industrial customers to encourage energy conservation and energy efficiency; to create the Energy Efficiency Public Benefit Loan Fund to be used for loans to customers for the costs of certain energy efficiency or renewable energy projects and to create an incentive for consumers to purchase Energy Star Qualified Household Products.  This proposal would use tax to encourage purchases, tiered rates to boost conservation.  H.B. 135, Efficient and Affordable Energy Rates Bill, sponsored by Democrat Reps. Patsy Keever, D-Buncombe, Diane Parfitt, D-Cumberland, and Rodney Moore, D-Mecklenburg, also creates an incentive for consumers to purchase federal Energy Star-qualified household products by taxing products that don’t get that certification. The incentive, called the “Avoidable Pollution Tax” provision, would impose two new taxes on retailers selling household products that do not qualify for the federal Energy Star label. The new privilege and excises taxes, totaling 5 percent of the product purchase price, would be added to existing state sales and use taxes.  The avoidable pollution tax would encourage consumers to purchase Energy Star products because inefficient products would cost more.The Energy Efficiency Public Benefit Loan Fund established by H.B. 135 would offer grants to low-income households and ratepayers and loans to other consumers to invest in energy efficiency and renewable energy projects, offsetting the higher costs to poorer consumers.  STATUS:  Referred to Committee on Public Utilities, if favorable, Finance on 2/21/11.  BAD BILL!  GREAT ARTICLE: http://www.nccivitas.org/2011/bad-bill-of-the-week-hb135-eccentric-energy-efficiency-enforcement/

HB 137: Two-Thirds Bond. This bill would authorize the issuance of new state debt totaling $138.5 million over the next two years – without voter approval. A “two-thirds bond” is in reference to the requirement that the total principle of the new bonds can not exceed an amount two-thirds of the total state outstanding indebtedness paid off during the last two years. In other words, if the state paid down $300 million of its debt in the last two years, the amount of the “two third bonds” to be issued can not exceed $200 million. The bond proceeds would be used for the following purposes: $23.5 million to complete Phase One of the Highway Patrol Training Facility, for the Department of Crime Control and Public Safety; $15 million to complete the School of Aviation Complex at Elizabeth City State University; and $100 million to repair and renovate State facilities and related infrastructure. North Carolina voters have not had a vote on new state debt in over a decade. Sponsored by: Bill Owens [D]. Status: February 21st, referred to House Committee on Finance.

HB 143: Screening and Assessment Funds. This bill would appropriate funds to the Department of Health and Human Services to “support implementation and use of standardized preadmission screening, resident assessment, and care plan development for adult care homes and facilities.” $900,000 would be allocated for the 2011-2013 fiscal biennium, $228,000 would be allocated for the 2011-2012 fiscal year, and $205,000 for the 2012-2013 fiscal year. Screenings and assessments would be used as tools to help provide more specific care for facilities. Sponsored by: Jean Farmer-Butterfield [D]; Jennifer Weiss [D]; Beverly Earle [D] and Garland Pierce [D]. STATUS: February 21st, Referred to House Committee on Appropriations.  EARMARK: $1,333,000.00.

HB 147 (=S28): Infant Mortality Funds. This bill would appropriate funds to continue to reduce the NC infant mortality rate despite economic cutbacks. Funds will be allocated as follows: $350,000 for the March of Dimes (outreach and education), $325,000 for the East Carolina School of Medicine (high-risk maternity clinic), $150,000 for the Healthy Start Foundation (education and public awareness), $45,000 to the University of North Carolina School of Medicine (education). Sponsored by: Jennifer Weiss [D]; Beverly Earle [D]; Verla Insko [D] and Diane Parfitt [D]. Status: February 21st, referred to House Committee on Appropriations.  EARMARK: $870.000.00.

HB 169: High Point Market. This bill would appropriate funds to the High Point Furniture Market for the fiscal year 2011-2012 and 2012-2013 to provide support for expanding programs and transportation during home furnishing shows. It is worth noting that each primary sponsor represents Guilford county. Sponsored by: Maggie Jeffus [D]; John Faircloth [R]; Marcus Brandon [D] and John Blust [R]. STATUS: February 24th, referred to House Committee on Appropriations.  EARMARK: $4,097,850.00.


HB 175:  Putting Students First/Local Control.   This excellent bill, sponsored by Representative Burr and Reps. FolwellHager; Rapp; would return control of the local school calendar to local board of education members.  STATUS:  On 2/24/11 referred to the House Committee on Education, if favorable, Commerce and Job Development.  On hold, request Speaker Tillis to have this bill heard on the house floor.

HB 180:   Wilmington Annexation Suspension.  Sponsored by:   Representatives McComas and Justice.  The bill would suspend Wilmington’s annexation of Monkey Junction until 2012.  STATUS:  Postponed To 3/28/2011.

HB 184: Concealed Carry Permit/Elected Officials. Introduced 2/24/11, to allow people elected to public office in NC or appointed to fill a vacancy to carry a concealed handgun if they have a permit to do so and may carry a pocket knife anywhere in the state, unless barred by federal law. Sponsor:Stephen LaRoque, R-Lenoir and several co-sponsors. STATUS: 2/28/11, referred to House Committee on Judiciary Subcommittee A.

HB 188: Taxpayer Bill of Rights. The Taxpayer Bill of Rights (or TABOR) would restrict the growth rate of state government spending. The bill would create a formula using the average sum of inflation plus population change for each of the preceding three calendar years to create a “fiscal growth factor.” Then each year, the General Fund expenditures can only increase by the amount of the calculated fiscal growth factor. When revenues exceed the expenditure limit, excess revenue will be set aside in an “Emergency Reserve Trust Fund.” When the emergency fund reaches an amount equal to 5% of the General Fund expenditure in the prior fiscal year, any excess revenue collected will be returned to taxpayers. To exceed the expenditure limit in any given budget year, a two-thirds vote by the General Assembly would be required. Similarly, a two-thirds vote would be required to spend any funds from the emergency reserve fund. This bill would also adjust how the state determines its annual revenue estimates for budgetary purposes. Instead of the state budget office and Fiscal Research Division developing revenue projections, the revenue availability for budget writers will be equal to actual revenue collections from the previous calendar year. The TABOR would amend the state constitution and requires voter approval on the ballots in the 2012 election. Sponsored by: John Blust [R]; Ric Killian [R]; Bryan Holloway [R] and Nelson Dollar [R]. STATUS: Feb 28: House Chamber: Ref To Com On Judiciary

HB 187:   Level Playing Field/Local Gov't Competition.  An Act to Protect Jobs and Investment By Regulating Local Government Competition with Private Business.  The bill would would discourage municipalities from building their own broadband networks.  H.B. 129 drew over an hour of heated debate last week before gaining tentative approval in a 80-32 vote.  Sponsored by:  Representatives Avila; Howard; CarneyWainwright      STATUS: 

HB 187: Level Playing Field/Local Gov't Competition. An Act to Protect Jobs and Investment By Regulating Local Government Competition with Private Business. The bill would would discourage municipalities from building their own broadband networks. H.B. 129 drew over an hour of heated debate last week before gaining tentative approval in a 80-32 vote. Sponsored by: Representatives Avila; Howard; Carney; Wainwright. STATUS: Ratified on 03/31/2011 and presented to the Governor.

HB 198: Alien Attendance Lapses/Reporting Required. An Act to require the Board of Governors of the University of North Carolina and the State Board of Community Colleges to periodically report to the Federal Government information about lawfully present students whose attendance at postsecondary educational or vocational institutions lapses. Introduced 3/1/11 and sponsored by John A. Torbett (R-Gaston) and co-sponsored by Bill Cook, (R-Beaufort, Pitt). STATUS: Referred To House Committee On Education on 03/02/2011.  No movement since 3/2, in Education Committee!

HB 223: Mandatory Sick Leave for Employees. This bill would require mandatory sick leave for employees so they can take care of themselves or immediate family members. Reasons to take leave include physical or mental reasons, as diagnosed by an appropriate professional. Sponsored by: Alma Adams [D] and several co-sponsors. STATUS: 3/3/11 Referred to House Committee on Commerce and Job Development.

HB 226: Ban on Electronic Sweepstakes Devices. This bill makes it illegal to distribute electronic sweepstakes machines in North Carolina. Offenders will be charged with a class 1 misdemeanor for their first offense, up to a class G felony for a third offense or later. Sponsored by: Paul Stam [R]; Rick Glazier [D]; Norman Sanderson [R] and Ray Rapp [D]. Status: March 3rd, referred to House Committee on Commerce and Job Development, if favorable, Judiciary Subcommittee B.

HB 228 (=S209): State Lottery to include Video Lottery. This bill would authorize the State Lottery Commission to create rules for and license video lottery systems to benefit the NC State Lottery Fund. Sponsored by: Bill Owens [D]. Status: March 3rd, referred to House Committee on Commerce and Job Development, if favorable, Finance.

HB 239 (= S531):  Grandparents’ Visitation Rights.   An act to provide for an expansion of rights under existing law regarding grandparent visitation.  The bill that would allow for a dangerous expansion of the visitation rights of grandparents. By allowing grandparents to sue for visitation rights in cases where families are intact, HB 239/SB 531-Grandparents' Visitation Rights would severely undermine parental rights and open the floodgates for lawsuits, disrupting the core family unit and unduly subjecting families to emotional and financial hardship.  Sponsored by: Reps. BrissonHoward; and Hurley with several co-sponsors.  STATUS:  Referred to House Committee on Judiciary Subcommittee C on 3/8/11.

HB 247: Enhance Charter School Accountability.  HB 247 the Democrats response to major charter school legislation (SB-8) approved by the Senate and now under consideration by the House. HB -247 strengthens the oversight authority to the State Board of Education (SBE) and makes the Public Charter School Commission a merely advisory body whose role is to make recommendations to SBE. Under HB 247, the SBE – not the Public School Charter Commission – would have final authority to approve charters. The SBE would also decide questions regarding charter school enrollment growth and make the discussion part of the annual budget continuation process. In addition, the bill requires charter schools to offer transportation and school lunches to students of families who fall under 185 percent of the federal poverty line. Sponsored by: Rick Glazier [D]; Tricia Cotham [D]; Ray Rapp [D] and Marvin Lucas [D]. STATUS: March 9th, referred to the House Committee on Education, if favorable, Finance, if favorable, Appropriations.

HB 253: Permits Homeschoolers to Participate in Interscholastic Athletics at Public School. Sponsors: Jimmy Dixon, George Cleveland, John Blust, Glen Bradley, Rayne Brown, Bill Cook, Mike Hager, Mark Hilton, D. Craig Horn, Bert Jones, Carolyn Justice, Stephen LaRoque, Daniel McComas, Pat McElraft, Norman Sanderson, Paul Stam, and Michael Wray. STATUS: March 9th, refererred to House Committee on Education.

HB 255: Domestic Violence Funds. This bill would appropriate funds for the Domestic Violence Center Fund, which distributes money evenly over every county to fund domestic violence centers and shelters. Newly appropriated money would go to serve underserved populations and create new counseling services. Sponsored by: Marian McLawhorn [D]. STATUS: March 9th, Ref to House Committee on Appropriations. EARMARK: $ $6,436,683.

HB 257: UNC Nanoscience Funds. This bill would appropriate funds to the Joint School of Nanoscience and Nanoengineering at UNC Greensborough and North Carolina Agricultural and Technical State University to hire additional staff and provide graduate assistantships. Funds would be split between fiscal years 2011-2012 and 2012-2013. Sponsored by: Sponsored by: Maggie Jeffus [D]; John Faircloth [R]; Alma Adams [D] and John Blust [R]. STATUS: March 9th, referred to House Committee on Appropriations.  EARMARK: $4,000,000.00.

HB 288: Science Olympiad Funds. This bill would appropriate funds to expand the NC Science Olympiad program to all 100 counties and sponsor greater regional activities as well as involve more school systems. Sponsored by: Henry Michaux [D]; Jennifer Weiss [D]; Earline Parmon [D]; Rick Glazier [D]. STATUS: March 10th, referred to House Committee on Appropriations.  EARMARK: $150,000.00.

HB 270:  Amend Conditions of Probation. The bill would require that normal probation conditions include making the defendant's whereabouts known to a probation officer at all times and supply specimens to test for prohibited drugs or alcohol when instructed. Sponsored by Representatives Guice; HornIngle; and Faircloth.  Tentatively approved 115-0.  STATUS:  Now in Senate Committee on Judiciary II.

HB 300: Election Fairness Act of 2011. This bill would require counties to rotate the order of candidates and political parties as they appear on ballots. The bill seeks to eliminate Straight Party Voting and provides for a partisan State Board of Elections by appointing a sixth member from the party that has only two members. Sponsored by: Bert Jones [U]; Diane Parfitt [D] and Mike Hager [R]. STATUS: March 10th, Ref to House Committee on Elections.

HB 303: Poison Control Funds. This bill would appropriate funds for the Department of Health and Human Services to increase the state contract with the Carolinas Poison Center to increase services to combat rising poisoning cases in North Carolina. Sponsored by: Beverly Earle [D]; Annie Mobley [D]; Jean Farmer-Butterfield [D]; Jennifer Weiss [D]. STATUS: Mar 10th, referred to House Committee on Appropriations.  EARMARK: $1,000,000.00.

HB 304 (=S102): Child Death Research Funds. This bill would appropriate funds to the Department of Health and Human Services to establish a new child death research position and re-classify an assistant position to full time to boost efficiency. Funds would be evenly distributed over the next two fiscal years. Sponsored by: Beverly Earle [D]. STATUS: March 10th, referred to House Committee on Appropriations. EARMARK: $130,000.00.

HB 305 (=S239): Food Bank Funds. This bill would appropriate funds for the following food banks: MANNA Food Bank (Asheville), Second Harvest Food Bank of Metrolina (Charlotte), The Food Bank of the Albemarle (Elizabeth City), Second Harvest Food Bank of Southeast North Carolina (Fayetteville), Food Bank of North Carolina (Raleigh), and Second Harvest Food Bank of Northwest North Carolina (Winston-Salem). Funds would be evenly divided over the next two fiscal years. Sponsored by: Beverly Earle [D]; Earline Parmon [D]; Larry Hall [D] and Annie Mobley [D]. STATUS: March 10th, referred to House Committee on Appropriations.  EARMARK: $2,000,000.00.

HB 315: Taxpayer Information Act. This bill mandates that language on a state or local bond referendum includes a statement specifically telling voters that paying off the debt will include not just the principle of the debt, but also the interest payments. Estimates of current interest rates in the bond market will be used to provide projected interest payments. Sponsored by: Gaston Pridgen [R]; Dale Folwell [R]; Jeffrey Collins [R] and Michael Stone [R]. Status: March 14th, referred to House Committee on Finance.

HB 323: Decrease Corporate Income Tax Rate. This bill would lower the state’s corporate income tax from 6.9% to 4.75%. The current rate of 6.9% is highest in the southeast – a reduction to 4.75% would drop it lowest in the southeast. Gov. Perdue proposed dropping the corporate tax rate to 4.9% in her budget plan. Sponsored by: John Torbett [R]; Johnathan Jordan [R] and Michael Stone [R]. STATUS: March 14th, referred To House Committee on Rules, Calendar, and Operations of the House.

HB 330: Nonresident Scholarship/Out-of-State Tuition. This bill would reverse an existing law that authorizes in-state tuition rates be applied to scholarships granted to out-of-state students. Last year’s budget included a provision to repeal this for athletic scholarship – that measure was estimated to save the state more than $9 million. Sponsored by: William Current [R] and George Cleveland [R]. Status: March 14th, referred to House Committee on Education.

HB 341: Tobacco Products Tax Increase.  This bill would increase the state’s tax on cigarettes from 2.25 cents per cigarette to 7.25 cents. It would also increase the tax on tobacco products other than cigarettes from 12.8% to 41.25% of the price of the product. The tax on cigarettes alone is estimated in the bill to cost a total of $272.5 million. Sponsored by: Jennifer Weiss [D]; Paul Luebke [D]; Rick Glazier [D]; Larry Womble [D]. Status: March 15th, referred to House Committee on Rules, Calendar, and Operations of the House.

HB 342: High School Accreditation. This legislation precludes public institution of higher education in North Carolina (e.g., UNC campuses and community colleges) from asking for or using information about secondary school accreditation when making decisions concerning college admissions, loans, scholarships and other educational policies. The bill also authorizes the State Board of Education to develop standards to determine if local schools incorporate the best practices of national education groups and the accrediting standards of national accrediting associations. Sponsored by: Hugh Blackwell [R]. Status: Mar 15th referred to the House Committee on Education, if favorable, Appropriations.

HB 343:  Support Law Enforcement/Safe Neighborhoods.  An Act to Enact The Support Our Law Enforcement and Safe Neighborhoods Act.  Sponsored by:  Rep. George C. Cleveland [R] co-sponsors.  STATUS:  Referred to the House Committee on Judiciary Subcommittee A on 3/15/11.  No movement since 3/15, in Judiciary Subcommittee A!

HB 344: Tax Credits for Children with Disabilities. HB 344 provides an individual income tax credit of up to $3,000 per semester for children with disabilities. To be eligible, the child must be a dependent child, be attending a nonpublic school or a public school where tuition is charged and have a disability that requires special needs education services. Sponsored by: Paul Stam [R]; Shirley Randleman [R]; Jonathan Jordan [R] and Bert Jones [U]. Status: Mar 15th referred to the House Committee on Education, if favorable, Finance.

HB 351: Restore Confidence in Government. This bill would require voters voting in person to present valid photo identification before casting a ballot. It will add poll observers to the list of persons (chief judge, judge, assistant) who may challenge voters in the precinct. It also adds to the duties of candidates and campaign treasurers; they will be responsible to correct violations and makes a candidate “jointly and severally liable” for a civil penalty assessed by the State Board of Elections. The bill also changes the term of office of the Chairman of the State Board of Elections to two years and impose a two term limit on the office of Chairman. It prohibits piece payment in voter registration drives and puts prohibitions on contributions made by entities affiliated with vendors to a relevant campaign. It also changes the method of requesting absentee ballots to require only that the requester signs the request. Sponsored by: David Lewis [R]; Tim Moore [R] and Ric Killian.  Status:  6/15/11-- bill is currently on the calendar today to be discussed in the Senate's Committee on Appropriations/Base Budget.  We want to ensure that this issue is voted on the Senate before this session ends on Fri, Jun 17th.  Call the Chairman of the Senate Appropriations Committee Sen. Peter Brunstetter (919) 733-7850; or the Co-Chairmen Sen. Neal Hunt (919) 733-5850; or Sen. Richard Stevens (919) 733-5653 to move this important legislation to a Senate vote by Friday, Jun 17th.  
HB 426(=S2): Chamberlin’s Law (An Act to Amend the Law’s Regarding Cruelty to Animals.)  This bill will allow a judge to prevent someone convicted of a felony for maliciously or intentionally torturing, poisoning or killing a domesticated animal or pet from owning pets for a period of time or to receive a psychiatric or psychological evaluation. The bill is sponsored by Representatives Jeffus; Harrison; Adams; McElraft and multiple co-sponsors. STATUS: Passed 2nd reading on March 24, 2011.

HB 427:   Run and You're Done--An Act to Provide for the Seizure, Forfeiture, and Sale of Motor Vechicles Used by Defendants in Felony Cases Involving Speeding to Elude Arrest.  Sponsored by:  Representatives FairclothFolwellH. WarrenShepard and multiple co-sponsors.  STATUS:  On 3.23/11, referred to House Committee on Judiciary Subcommittee B.  

HB 428:   Hiring of .  A bill to allow the governor to select a state Highway Patrol commander as someone who is outside the patrol's ranks, provided that the commander become a certified law enforcement officer within 12 months of becoming commander. Sponsor: Rep. John Faircloth, R-Guilford.  Co-sponsor Bill Cook.  STATUS:  On March 23, 2011, referred to the House Committee on Transportation, if favorable, Government.

HB 430: Repeal Bi-Lingual Ballot Instruction. An act to repeal a statute requiring ballot instructions in both English and Spanish in certain counties. Sponsored by:  Republican Rep. George C. Cleveland with Reps. R. Brown; Cook; Hastings; and Sager co-sponsoring. STATUS:  On 3/23 moved to Committee on Elections.

HB 431:  Repeal Senate Bill 3 of the 2007 Session.  This “good bill” would repeal green energy law--Now a legislative proposal introduced March 23, 2011, would scrap the 2007 energy law, known as Senate Bill 3. Republican state Rep. George Cleveland's bill calls for the immediate repeal of the bill, which requires power companies to meet 12.5 percent of customer electricity demand through renewables and conservation by 2021.  STATUS:  On March 23, 2011, referred to the House Committee on Public Utilities, if favorable, Commerce and Job Development, if favorable, Finance

HB 451: DWLR and Vehicle Seizures. An act to increase the penalties for driving while license revoked by setting minimum fines for the initial and subsequent convictions and by requiring the vehicle being operated by a driver whose license or driving privileges are revoked after two prior convictions for driving while license is revoked to be seized and forfeited to the state. Sponsored by: Rep. Edgar V. Starnes.  STATUS: On 3/24 moved to House Judiciary Subcommittee B.

HB 466:  Spend 65% of Funds in the Classroom.  An Act to Ensure that at least Sixty-five Percent of School Funding is Used for Classroom Instruction.  Sponsored by Representative Blust.  STATUS:  Filed on 03/24/2011.

HB 475:  English the Official Language. An Act to Amend the North Carolina Constitution to Make English the Official Language.  Sponsored by:  Representatives Hastings, Hilton, and Pridgen.  STATUS:  On 3/28/11, moved to House Committee on Judiciary.

HB 495 (=S 473): The Solar Jobs Bill.  An act to reduce the amount of purchased renewable energy certificates derived from out-of-state new solar facilities that may be used to comply with the reps requirement through the use of solar energy resources and to double the reps requirement for the use of solar energy resources and expand the compliance schedule. It’s just come to my attention that a handful of Republican legislators, have introduced the kind of legislation we thought we’d seen the end of after last November’s landslide election. The bill requires Duke Power and Progress Energy to double the amount of electricity it purchases from producers of solar power, one of the most expensive types of so-called “green” energy. Sponsored by: Reps. Murry; Moffitt; Samuelson; and Crawford with several co-sponsors.  STATUS:  Referred to the Committee on Public Utilities, if favorable, Finance on 3/29/11.


HB 587: North Carolina Jobs Bill.  An act to Promote North Carolina Job Growth through Regulatory Reform. Sponsored by: Reps. Bradley; H. Warren; Torbett; Hastings and several co-sponsors. Rather than bribing companies with taxpayer money and using government to pick winners and losers in the market, HB 587 creates jobs by vastly improving the attractiveness of North Carolina for small businesses. It does this by, quite simply, regulating the regulators. HB 587 reforms North Carolina's regulatory system to: Prevent NC regulators from making rules which exceed Federal regulatory standards; Require a cost/benefit analysis to ensure that any new rules don't place undue burdens on small businesses; Reject any proposed rule change if the cost/benefit analysis shows that projected costs exceed projected benefits or an alternative is less costly and reasonably likely to achieve the same objective; Review any new rules enacted within 1 year to minimize economic impact.; Require that the Office of State Budget and Management provide an annual summary explaining why the OSBM directed each agency to rescind or amend a rule, or decided that no action on a rule was necessary; and Provide a right to judicial review, adding that any person is entitled to judicial review to determine whether a rule has been properly adopted within one year after the final rule's effective date. STATUS: Assigned to House Commerce and Job Development Subcommittee on Business and Labor on 4/20/11.

HB 640: Foreign Laws/Protect Constitutional Rights. An act to protect rights and privileges granted under the North Carolina and United States Constitutions in the application of foreign law. Sponsored by: Reps. Cleveland and Killian; and co-sponsored by Reps. Bradley; Collins; Stone; and Torbett. Their proposal would require that N.C. courts and other state agents not violate people’s constitutional rights by applying foreign law like Shariah when making rulings. This is the crux of House Bill 640, which is working its way through the legislative process: “A court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of State law shall not apply a foreign law in any legal proceeding if doing so would violate a constitutional right.” STATUS: Referred to House Committee on Judiciary Subcommittee C on 4/6/11.

HB 650:  Amend Various Gun Laws/Castle Doctrine.  An Act to Provide When a Person May Use Defensive Force and to Amend Various Laws regarding the Right to Own, Possess, or Carry a Firearm in North Carolina.  Sponsored by:  Representatives HiltonLaRoqueCleveland and Hastings.  House Bill 650, the NRA-backed omnibus firearm bill, passed second reading on June 7th. Unfortunately, an anti-gun amendment introduced by state Representative Chuck McGrady (R-117) was adopted by a narrow 59 to 57 vote. This amendment eliminated the Parking Lot language that would have barred any business from prohibiting Right-to-Carry permit holders from storing firearms in their vehicles while parked on the property of that business. Several state Representatives who have historically supported gun owners cast surprising votes in favor of this amendment.  STATUS:  A weakened form of the bill was referred to the House Committee on Judiciary II on 6/8/11.

HB 658: Change Early Voting Period - Seeks to reduce early voting from 16 days to 10 days at a cost savings of close to $3.5 million for local governments. Primary sponsors are: Reps. Jones; Stam; Collins; and Sager with multiple co-sponsors.  STATUS: Ordered Engrossed on 05/18/2011.

HB 709(= S544):  Protect and Put NC Back to Work - Reforms Worker's Compensation Act.  Sponsored by: Reps. FolwellDollarHager; and Crawford and several co-sponsors.  STATUS:  Re-referred to the House Select Committee on Tort Reform, if favorable, Insurance on 04/14/2011.

HB 762: Landowner Protection Act - Protects landowner rights by requiring written permission to hunt on the land of another and prohibit hunting from right-of-way.  Sponsored by:  Rep. David Rouzer. 
STATUS:  6/15/11-- Moved from the Judiciary I Committee in the Senate to the Rules and Operations Committee in the Senate.  Call the Chairman, Sen. Tom Apodaca (919) 733-5745, or Vice Chairman Peter S. Brunstetter  (919) 733-7850 to get the legislation voted on this session in the Senate.    
HB 777:  Defense of Marriage.  An act to amend the Constitution to provide that marriage is the union of one man and one woman at one time, and that no other relationship shall be recognized as a valid marriage by the state.  Sponsored by:  Reps. Lewis; R. BrownCrawfordHill; and many co-sponsors including Sanderson and Cook.  STATUS:  Referred to House Committee on Rules, Calendar and Operations of the House on 4/7/11.

HB 854 (= S769):  Abortion-Woman's Right to Know Act - Requires a 24-hour waiting period and the informed consent of a pregnant woman before an abortion may be performed.  Sponsored by:  Reps. Samuelson and McElraft.  STATUS:  Assigned To Appropriations Subcommittee on Health and Human Services on 05/18/2011.

HB 871: Root Out Poverty/Task Force Funds. An act creating a permanent statewide poverty task force; establishing two new personnel positions in the Department of Health and Human Services dedicated to poverty reduction and economic recovery; and appropriating funds for those purposes. EARMARK: $600,000. This bill would appropriate funds for the NC Statewide Poverty Task force, with the goal of producing annual reports for reduction and economic recovery recommendations to be submitted to the governor. Sponsored by: Democrat Rep. Garland Pierce. STATUS: Referred to House Committee on Rules, Calendar and Operations of the House on 4/26/11.

HB 878 (=S672): Radiologist Assistant License Funds. An act to establish the Radiologist Assistant Licensure Study Commission and to Appropriate Funds for that Purpose. This bill would appropriate funds to create the Radiologist Assistant Licensure Study Commission which is designed to determine whether or not licensing is necessary for radiologist assistants to protect citizens from improper medical care. Sponsored by: Democrat William Wainwright and co-sponsored by Lucas; Parfitt; Pierce. EARMARK: $25,000. STATUS: Referred to Committee on Rules, Calendar, and Operations of the House on 5/4/11.

HB 891: Restore Teacher Assistance Funds. An act to appropriate funds for Teacher Assistants. EARMARK: $400,000,000. This bill would appropriate funds for the biennium to restore funds for teacher assistant positions in public schools. Sponsored by: Democrat Reps. Luebke; Bryant; William Wainwright and Jennifer Weiss. STATUS: Referred to House Committee on Appropriations on 05/05/2011.

HB 894: Borderbelt AIDS Resources Team Funds. An act to appropriate funds to Borderbelt Aids Resources Team (BART). EARMARK: $50,000. This bill would appropriate funds to the Borderbelt AIDS Resources Team to provide HIV/AIDS services to persons in Robeson County and surrounding areas. Sponsored by: Democrat Reps. Garland Pierce and Charles Graham. STATUS: Referred to House Committee on Rules, Calendar and Operations of the House on 5/5/11.

HB 897: Funds for NC Fast. An act to appropriate funds for the North Carolina Families Accessing Services Through Technology Project. This bill would appropriate funds to “continue the development and implementation of the North Carolina Families Accessing Services through Technology (NC FAST) project” which seeks to improve the way the Department of Health and Human services disseminates information to its county departments. Sponsored by: Democrat Rep. Ray Rapp and co-sponsored by Glazier; Insko; Parfitt. EARMARK: $13,184,664. STATUS: Referred to Committee On Appropriations on 05/05/2011.


NC SENATE


SB 3: Broaden Sweepstakes Law. SB 3 would expand the ban on video sweepstake games to include sweepstakes that have “any visual display” in addition to the current ban that outlaws such games that feature “game play or simulated game play.” Sponsored by: Don Vaughan (D). STATUS: January 27th, referred to Senate Committee on Judiciary II.

SB 8: No Cap on Number of Charter Schools. As stated in its title, this bill would eliminate the state’s current cap on the number of charter schools. North Carolina currently caps the number of charter schools at 100. Meanwhile, roughly 10,000 students are on waiting lists to gain access to a charter school. Sponsored by: Richard Stevens (R). STATUS: The House passed Senate Bill 8 with a 68-51 vote.  Appointed Bill Conferees in the House and Senate on 4/14/11.

SB 10: Children’s Advocacy Center Funds. Like HB 16, this bill would appropriate funds to “the 23 fully certified child advocacy centers” across North Carolina. The child advocacy centers provide services for abused children. Sponsored by: Eric Mansfield [D]. Status referred to Senate Committee on Appropriations/Base Budget. STATUS: February 1st, referred to Senate Committee on Appropriations/Base Budget. EARMARK: $575,000.00.

SB 11: Military Business Center Funds. An act to appropriate funds for the NC Military Business Center. The General Assembly of North This is the Senate version of HB 35. Sponsored by: Eric Mansfield [D]. Status: February 1st, referred to Senate Committee Appropriations/Base Budget. EARMARK: $1,250,000.00.

SB 12: Texfi Site Contamination Funds. An act to appropriated funds for monitoring and emergency cleanup of the Texfi Site Contamination. This is the Senate version of HB 20. Sponsored by: Eric Mansfield [D]. Status: February 1st, referred to Committee on Appropriations/Base Budget. EARMARK: $50,000.00.

SB 23: Protect Health Care Freedom. This bill is the Senate version of HB 2. Sponsored by: Debbie Clary (R), David Rouzer (R), and Louis Pate (R). STATUS: Referred To Senate Committee On Judiciary II on 2/2/11.

SB 26:   North Carolina Benefit Corporation Act.  This bill is to create a new kind of corporation in North Carolina designed to serve purposes to benefit low-income or underserved areas or people, preserve the environment, improve human health or promote arts and sciences. Sponsored by Representatives Don Vaughan [D]; Richard Stevens [R]; and  Eleanor Kinnaird [D].  Approved 50-0. Next: To the House.   STATUS:  On 3/24/11, referred to House Committee on Judiciary Subcommittee C

SB 27: Involuntary Annexation Moratorium. This is the Senate version of House Bill 9 of the same name. Sponsored by: Andrew Brock (R), Buck Newton (R), and Thom Goolsby (R). STATUS: March 9th, referred To Committee on Rules, Calendar and Operations of the House.


SB 28 (=H147): Infant Mortality Funds. This bill would appropriate funds to continue to reduce the NC infant mortality rate despite economic cutbacks. Funds will be allocated as follows: $350,000 for the March of Dimes (outreach and education), $325,000 for the East Carolina School of Medicine (high-risk maternity clinic), $150,000 for the Healthy Start Foundation (education and public awareness), $45,000 to the University of North Carolina School of Medicine (education). Sponsored by: Stan Bingham [R]. STATUS: February 3rd, referred to Senate Committee on Appropriations/Base Budget. EARMARK: $870,000.00.

SB 30: Partnership for Defense Innovation Funds. This bill would appropriate funds to the Partnership for Defense Innovation, specifically to support the Defense and Security Technology Accelerator which is a military defense business accelerator. Sponsored by: Eric Mansfield [D]. Status: February 3rd, referred to Committee on Appropriations/Base Budget. EARMARK: $1,000,000.00.

SB 33: Medical Liability Reforms. This bill seeks to modify medical malpractice suits, including reducing the maximum noneconomic damages for pain and suffering to $250,000 per plaintiff and allowing periodic payments of future economic damages instead of a lump-sum payment. It also sets the standard for indicating specifically what amount is awarded for each damages category in malpractice cases. In addition, it provides limited protection to healthcare providers from medical malpractice arising out of emergency services, holding them to the same standard as a professional with similar experience, in the same field, and similar community. Sponsored by: Tom Apodaca (R), Harry Brown (R), and Bob Rucho (R). STATUS: Passed second reading on 3/3/11.

SB 34 (=H.B. 52): The Castle Doctrine. This bill exempts from prosecution individuals who use “defensive force that is intended or likely to cause death or great bodily harm” when they are in their place of residence and the person against whom the force is used is in the act of, or had already, forcibly and unlawfully entered the individual’s place of residence. In short, the bill makes it legal to defend your home or place of residence to an intruder with the use of a weapon. One notable exemption is if the individual uses defensive force against an intruder who has exited or stopped trying to break in to the premises. Sponsored by: Andrew Brock (R), Doug Berger (D), and Kathy Harrington (R).  STATUS: Referred to Senate Committee on Judiciary on 3/2/11.

SB 37 (=H.B. 8): Eminent Domain. An act to amend the constitution of North Carolina to prohibit condemnation of private property to convey an interest in that property for economic development and to provide for the payment of just compensation with right of trial by jury in all condemnation cases. Sponsored by: Brent Jackson (R). STATUS: Referred to Committee on Judiciary on 2/27/11.

SB 47(=H.B.64): Restore Partisan Judicial Elections. Sponsored by: Jerry W. Tillman. This is a good bill. This bill allows for the public to be better informed about the overall sentiment of the individual they are electing. Since many voters, are uninformed concerning judicial candidates, this would at least allow the voter to know which party the judicial candidate is affiliated with. STATUS: February 9th, referred to Committee on Judiciary.

SB 67: Sunshine Amendment. An act to provide for government in the sunshine by amending the NC Constitution. This is the Senate version of HB 87 of the same name. Sponsored by: Debbie Clary [R]; Tommy Tucker [R] and Thom Goolsby [R]. Status: February 16th, referred to Senate Committee on Judiciary I.

SB 74: Comm. Colleges/Opt Out of Fed'l Loan Program. Introduced 2/15/11, to reverse a law that beginning in July would force all 58 community colleges to participate in the federal student loan program. Thirty-eight schools don’t participate now. Sponsored by: Sen. Rick Gunn, R-Alamance, Caswell, with multiple co-sponsors. STATUS: Re-referred to Committee On Rules and Operations of the Senate on 03/09/2011.

SB 77: MDPV/Schedule I Controlled Substance. Introduced 2/16/11, to make a synthetic drug often marketed as “bath salts,” a controlled substance whose possession is punished by a low-level felony. The powders can cause hallucinations if snorted, injected or smoked. Sponsored by: Senator Stan Bingham, (R-Davidson, Guilford). STATUS: The Senate approved 50-0, next to the House. Referred to House Committee on Judiciary Subcommittee on 3/7/11.

SB 98:   911 Call Transcripts.  An Act to Provide that a Transcript or Altered Voice Reproduction May be Made Available for a 911 Call So As Not to Identify the Caller by the Natural Voice.  Sponsored by:  Senators Floyd B. McKissick, JrBob Atwater and multiple co-sponsors.  STATUS:  3/24/11, referred to Senate Committee On Judiciary Subcommittee A.

SB 116 (=H128): Special Olympics Funds. This bill would appropriate funds to the Department of Health and Human Services to help fund the North Carolina Special Olympics, covering any cost that may be incurred. Half the fund would be transferred in fiscal year 2011-2012, and half in 2012-2013. Sponsored by: William Purcell [D]. Status: February 24th, referred to Senate Committee on Appropriations/Base Budget. EARMARK: $200,000.00.

S.B. 123: Eliminate Motor Vehicle Safety Inspections. Introduced 2/24/11, to repeal the state’s annual motor vehicle inspection requirement and make other inspection and emissions program changes. Sponsor: Sen. Stan Bingham, R-Davidson and several co-sponsors. STATUS: 2/28/11, refereed to Commerce. If favored re-ref to Finance.

SB 140: Leadership Limits/Gubernatorial Team Ticket. Introduced 2/25/11 to put before the voters in statewide referenda proposed changes to the NC Constitution that would limit the House speaker and Senate president pro tempore to three consecutive terms in the offices and to make the governor and lieutenant governor run together in a general election. Sponsors: Sen. Tom Apodaca, R-Henderson; Pete Brunstetter, R-Forsyth and Tommy Tucker, R-Union. STATUS: On 2/28/11, Referred To Senate Committee On Rules and Operations of the Senate.

SB 179: Failure to Carry or Complete Alien Reg. Docs. Introduced 3/2/11 is an act to create the crime of willful failure to carry or complete an alien registration document. Sponsored by Senators East; Hise, Pate, and Tillman. STATUS: Referred To Committee On Rules and Operations of the Senate on 3/3/11.

SB 102 (=H304): Child Death Research Funds. This bill would appropriate funds to the Department of Health and Human Services to establish a new child death research position and re-classify an assistant position to full time to boost efficiency. Funds would be ev enly distributed over the next two fiscal years. Sponsored by: Bob Atwater [D]. STATUS: February 23rd, referred to Senate Committee on Appropriations/Base Budget. EARMARK: $130,000.

SB 106: Defense of Marriage. This bill would amend the state constitution with the following: “Marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this State." If SB 106 were passed, the amendment would need to be approved by voters in Nov. 2012. Sponsored by: James Forrester [R]; Jerry Tillman [R] and [R] Dan Soucek.
Status:  6/15/11-- Defense of Marriage will be heard in a special session devoted to amendments to the NC Constitution, most likely in August or September.

SB 108: Civil Litigation Costs Reform Act of 2011. The title of this bill could easily be “loser pays.” This bill mandates that when a defendant successfully wins a civil case brought against him, the loser of the case must pay the defendant’s attorney’s fees. With this bill in place, the number of frivolous civil suits should be reduced. Sponsored by: David Rouzer [R]. Status: February 23rd, referred to Senate Committee on Judiciary I.


SB 109: Spending Cuts for the Current Fiscal Year. Filed in response to Gov. Perdue’s veto of Senate Bill 13, this bill would grant the Governor discretionary power to find $538 million in available funds for the current budget year. The bill would allow Perdue to reduce spending and transfer funds from “non-General Fund accounts” in order to arrive at the $538 million. The only exemptions for funding sources are the Judicial Branch and Legislative Branch. Finding the additional funds in this year’s budget will allow these funds to be carried over to next year’s budget availability, helping to shrink the anticipated $2.4 billion budget gap. Sponsored by: Richard Stevens [R]; Peter Brunstetter [R] and Neal Hunt [R]. STATUS: Mar 16th, Presented to Governor.

SB 117 (=H93): Eliminate State EITC Refundability Provision. An act to modify the refund ability provision of the earned income tax credit. Sponsored by: Debbie Clary [R]. STATUS: Referred to Senate Committee on Finance.

SB: 121 Eligibility Requirements/Public Assistance. This bill would require applicants for public assistance programs to undergo a drug screening administered by their local social services office. Those that fail the screening will be required to undergo substance abuse treatment. No estimates of the costs to administer the screenings and provide the substance abuse treatment have thus far been included with the bill. Sponsored by: David Rouzer [R]. Status: February 24th, referred to Senate Committee on Rules and Operations of the Senate.

SB 147: Neural Tube Defects Funds. This bill would appropriate funds to the North Carolina Folic Acid Campaign to reduce neural tube defects. Sponsored by: Fletcher Hartsell [R]. Status: March 1st, referred to Senate Committee on Appropriations/Base Budget. EARMARK: $700,000.

SB 179: Failure to Carry or Complete Alien Registration Documents. An Act to Create the Crime of Willful Failure to Carry or Complete an Alien Registration Document. Sponsored by: Sen. Don East [R] and several co-sponsors. Status: Referred to Senate Committee on Rules and Operations of the Senate on 3/3/11.

SB 188 (=H169): High Point Furniture Market Funds. This bill would appropriate funds to the High Point Furniture Market for the fiscal year 2011-2012 and 2012-2013 to provide support for expanding programs and transportation during home furnishing shows. It is worth noting that each primary sponsor represents Guilford County. Sponsored by: Gladys Robinson [D]; Don Vaughan [D] and Stan Bingham [R]. STATUS: Mar 3rd, referred to Senate Committee on Appropriations/Base Budget. EARMARK: $4,097,850.00.

SB 204: Public Entities & Contractors/Use E-Verify. Senate Bill 204 would require counties, municipalities, and public contractors to use the federal E Verify program to verify the work authorization of newly hired employees. E-Verify is a federal Internet-based system that allows an employer to determine the eligibility of an employee to work in the United States. There is no charge to employers to use E-Verify. The act would become effective on October 1, 2011. Sponsored by: Senator Austin M. Allran [R] and multiple co-sponsors. STATUS: March 7th, referred To Senate Committee on Rules and Operations of the Senate.

SB 205: No Benefits for Illegal Aliens.  Senate Bill 205 stipulates that illegal immigrants are not eligible for public benefits. A person applying for a federal public benefit administered by North Carolina or any state or local public benefit must show one of various forms of identification to demonstrate lawful presence in the United States. Some of the documents include a NC drivers license, NC special id card, US birth certificate, US passport, valid visa, I-94 form with photo, and tribal certificate. Failure to report violations of federal immigration law discovered by an employee of an agency of NC or a political subdivision of NC that administers a federal, state, or local public benefit is a Class 2 misdemeanor. If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is also guilty of a Class 2 misdemeanor. The act would become effective on October 1, 2011. Sponsored by: Senator Austin M. Allran [R] with multiple co-sponsors. STATUS:  Passed the Senate on 6/8/11, referred to the House Committee on Rules, Calendar and Operations  (must pass the House).

SB 209 (=H228): Video Lottery Entertainment. This bill would authorize the State Lottery Commission to create rules for and license video lottery systems to benefit the NC State Lottery Fund. Sponsored by: Clark Jenkins [D]. STATUS: March 7th, referred to Senate Committee on Commerce.

SB 225 (=H32): Electoral Freedom Act of 2011. This bill would reduce the number of votes required to form or continue a new political party to ten thousand statewide votes, down from a former two percent of total statewide votes. Additionally, the bill would reduce the number of signatures required by an unaffiliated candidate to obtain ballot access eligibility. Sponsored by: Ellie Kinnaird [D] and Andrew Brock [R]. STATUS: March 7th, referred to Senate Committee on Rules and Operations of the Senate.

SB 226 (=H92): Land Transfer Tax Repeal. This act would repeal Article 60 of Chapter 105 of the General Statutes, which allow a board of county commissioners to levy a local land transfer tax up to a rate of four-tenths percent (0.4%). Sponsored by: Tommy Tucker [R]. STATUS: March 7th, referred to finance committee, if favorable, re-referred to Rules and Operations of the Senate.

SB 235 Suspend Motor Fuel Excise Tax With an Offset. This bill would eliminate the state gas tax. To compensate for the lost revenue, the bill would direct legislators to eliminate numerous targeted tax credits and breaks to raise the amount of revenue needed to replace the gas tax revenue. This bill would eliminate the state gas tax. To compensate for the lost revenue, the bill would direct legislators to eliminate numerous targeted tax credits and breaks to raise the amount of revenue needed to replace the gas tax revenue. Sponsored by: David Rouzer [R]. STATUS: March 8th, referred to Senate Committee on Finance.

SB 265:   State Health Plan/Appropriations and Transfer.  The bill would have state employees contribute to their health insurance premiums. It would also increase co-pays and deductibles. Under the proposal the State Treasurer would take over control of the Health Plan. A legislative committee now has oversight. The State Employees Association and retiree groups are concerned about the co-pays and deductibles and want to work to change those provisions. Bill sponsor Republican Senator Tom Apodaca says the bill needs to move quickly so it can be sent to the Governor by April.   STATUS:  On 3/28/11 the measure passed the Senate 29-16, with the vote splitting largely along party lines.  Bill was referred to the Senate Committee on Insurance, if favorable, Appropriations.

SB303: REAL ID Act Compliance Border on Licenses. This bill would require a red border or background on licenses issued by the division of motor vehicles to individuals who are legally present in the United States for a limited duration of time to ensure compliance with the REAL ID Act of 2005. Sponsored by: Austin Allran [R]. STATUS:  Passed the Senate on 6/8/11, and referred to the House Committee on Transportation (must pass the House).

SB 239 (=H305): Food Bank Funds. This bill would appropriate funds for the following food banks: MANNA Food Bank (Asheville), Second Harvest Food Bank of Metrolina (Charlotte), The Food Bank of the Albemarle (Elizabeth City), Second Harvest Food Bank of Southeast North Carolina (Fayetteville), Food Bank of North Carolina (Raleigh), and Second Harvest Food Bank of Northwest North Carolina (Winston-Salem). Funds would be evenly divided over the next two fiscal years. Sponsored by: William Purcell [R]. STATUS: March 8th, referred to Senate Committee on Appropriations/Base Budget. EARMARK: $2,000,000.00.

Senate Bill 338 (= H341): Tobacco Products Tax Increase. An act to protect health and to prevent death, disability, and disease among NC residents by increasing the tax on tobacco products. Sponsored by: Sen. Purcell [D]. STATUS: March 15th, referred to Senate Committee on Rules and Operations of the Senate.

Senate Bill 352 (= H351): Restore Confidence in Government.  An act to restore confidence in government by requiring that voters provide photo identification before voting; requiring candidates and treasurers to take immediate action to correct campaign finance violations and requiring liability of candidates for civil penalties for campaign finance violations of candidate campaign committees: limiting the chair of the State Board of Elections to two two-year terms in that office; prohibiting piece-work payment for voter registration drives; preventing conflict of interest and its appearance involving political contributions by state contractors; and allowing voters more flexibility in applying for absentee ballots. Sponsored by: Wesley Meredith; Ralph Hise and multiple co-sponsors. STATUS: Refered to Senate Committee on Judiciary I on 3/16/11.

SB 361:   Interscholastic Sports Open to All Students, a bill which would allow private, charter or home-schooled students to participate in public school sports.  Sponsored by:   Senators Tillman, Hise; Blake, Brock, Brown, Daniel, East, Forrester, Harrington, Hartsell, Hunt, Pate, Preston, and Rabon.  STATUS:  On March 21, 2011, referred to Senate Committee On Rules and Operations of the Senate.

Senate Joint Resolution 369 (= H121):  A Joint Resolution to Confirm the Governor’s Reappointment of Joseph A. Smith to the Office of Commssioner of Banks.   STATUS:  Sent to the House.

SB 386:  Repeal G.S. 95-98. This is a bill to repeal the ban on governmental bargaining with unions over labor contracts. Sponsors: Sens. Ellie Kinnaird, D-Orange; Doug Berger, D-Franklin; and Floyd McKissick, D-Durham.  STATUS:  On 3/22/11, referred to Senate Committee on Rules and Operations of the Senate.  STATUS:  On March 22, 2011, referred to Senate Committee on Rules and Operations of the Senate.

SB 392: Special Plates for Retired Legislators. A bill to create special vehicle license plates for retired legislators. Sponsor: Sen. Clark Jenkins, D-Edgecombe. STATUS: On March 22, 2011 referred to Senate Committee on Finance.

SB 411:  Vote for the Person Not the Party Act.  This bill would eliminate the voter's option to vote a straight party ticket:  Sponsored by:  Senators E. S. (Buck) NewtonWesley MeredithHarry Brown.  STATUS:  Referred to the Senate Committee on Judiciary I on 03/24/2011.

SB 412:  Public Meetings/Records Law Violations.   An Act to Make Violations of the Public Records and Open Meetings Laws a Class Misdemeanor.   Sponsors: Senators Goolsby, Clary, Tucker; Apodaca, Brown, Daniel, Forrester, Newton, Rouzer, and Soucek.  STATUS:  Referred to Senate Committee on Judiciary I on 03/24/2011.

SB 419: Campaign Finance and Regulatory Reforms. An Act to Repeal the Authority to Provide for Public Funding of Campaigns in North Carolina and to Make Other Campaign Finance Reforms. Sponsor: Senator Davis. STATUS:  Filed on 03/24/2011.


SB 420: Municipal Sunshine Act. An Act Requiring Cities and Counties to Give Internet Notice of Meeting and Post Their Minutes on the Internet. Sponsor: Senator Vaughan. STATUS:  Filed on 03/24/2011. 

SB 440: Presidential Primary in March. An act to move the Presidential Primary to March. Sponsored by:  Republican Senator Andrew C. Brock and co-sponsored by Senator Brent Jackson, would move the North Carolina Republican primary from the first Tuesday in May to the first Tuesday in March. If passed, this change would be effective for the 2012 election. The bill passed the first reading and is now in the Judiciary Committee. This would give North Carolinians a more prominent role in selecting the Republican Presidential candidate.  STATUS:  Referred to Senate Committee on Judiciary I on 3/29/11.

SB 498 (= H579):   Modify Law Re. Corporal Punishment.  An act to require the involvement of a parent or guardian before school officials may administer corporal punishment on a student, which would greatly weaken the authority of public schools to administer corporal punishment. The bill proposes that schools adopt an opt-in approach, so that parents would have to provide signed permission in order for schools to be able to administer corporal punishment to their child. Under current state law, schools are only required to gain the permission of parents with disabled children. While there are only 17 school districts in North Carolina that use corporal punishment, this policy change could effectively eliminate the practice.  Sponsored by:  Louis Pate; William R. Purcell.  STATUS: Placed on Senate Calendar for 5/10/2011.

SB 527:  Life Science Development Act.  An Act to Expand Employment and Encourage Investments in Life Science Facilities and Equipment in this State.  (BAD BILL!)
Its seemingly harmless and humanitarian purpose is to encourage investors to invest in the life sciences: “The General Assembly finds that life science companies generate employment opportunities for the state, expand local tax bases, and engage in the discovery, development, and commercialization of new pharmaceuticals, biologic products, medical devices, and diagnostic products.”  Sounds great, right?

Read a little closer.  This bill intends to create a risk-free investment vehicle for private investors to invest in “life science” companies. Investors will be promised a certain rate of return, and will receive a state tax credit (i.e. bailout) to make up the difference if the rate of return falls short of what was promised.  In other words, private investors would get to keep all the profits themselves, but taxpayers would be forced to cover their losses.  MORE INFOSponsored by Senators Fletcher L. Hartsell, Jr;  Peter S. Brunstetter;  and Daniel G. Clodfelter.  STATUS:  Placed On Calendar For 6/14/2011 on 06/09/2011.

SB 604: NC Illegal Immigration Enforcement Act. An Act to Enact the North Carolina Illegal Immigration Enforcement Act. Sponsored by: Sen. Don East [R} and several co-sponsors. Status: Referred to the Senate Committee on Rules and Operations of the Senate on 4/19/11.

SB 610:   Constitutional Convention/Balanced Budget.  With the federal government’s arrival at its $14.3 trillion debt ceiling just around the corner, a recently filed N.C. Senate Bill serves as a timely petition and reproach to the federal government with one simple message: balance your budget.  Sponsors are: Senators Rouzer; Brock and Hise.  STATUS:  On 04/19/2011 referred to Senate Committee on Rules and Operations of the Senate.

SB709:  Energy Jobs Act (SB709).   STATUS:  The bill passed in the House in a vote of 68 to 49 on Jun 14th.  It previously passed in the Senate.  The bill increases energy production in NC and facilitates economic growth and creates jobs.  Next stop is to the governor.