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Tuesday, July 26, 2006
Legislators made more progress last week on dozens of bills as we tried to finish our remaining work and adjourn for the year. As you know by now, we are back in Raleigh again for this week as members of the House and Senate try to resolve differences over ethics and lobbying reform bills, strengthening our sex offender laws, establishing a lottery oversight committee, creating a “first-in-the-nation” innocence commission for our judicial system, strengthening our state's DWI laws, among others. At least 10 pieces of legislation were sent to conference committees this week, which are made up of members of the House and Senate. Legislators on these conference committees met through the weekend and are meeting this week in an attempt to reach an agreement on final bills to send to the Governor before we adjourn.
The House passed numerous bills this week on topics such as reforming our campaign finance laws, establishing a high-risk health insurance pool, protecting private property rights, cracking down on businesses for price gouging at gas stations, and several issues related to our environment.
The House held long sessions all week, especially on Thursday, the Senate held a rare Friday session, but all Senators were not expected to return until today (Tuesday) at the earliest.
Please remember that you can listen to each day's session, committee meetings and press conferences on the General Assembly's website at www.ncleg.net. Once on the site, select “audio”, and then make your selection i.e. House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
LEGISLATORS HASH OUT DIFFERENCES ON LOBBYING, ETHICS REFORM BILL Following action by the House in recent weeks on numerous ethics, campaign finance and lobbying reform bills, the Senate approved HB 1843, which will overhaul the state's ethics and lobbying laws by barring gifts and campaign donations from lobbyists and creating a more powerful state commission to monitor the behavior of state officials. The bill, which was slightly different than three separate bills passed earlier by the House, was not agreed to by the House on Wednesday and a conference committee was set up to reach a compromise.
Both the House and Senate versions of the bill restrict gifts from lobbyists to legislators, more clearly define conflicts of interest and establish tougher penalties for violations. Economic disclosure statements for legislators and other government officials would also be more comprehensive. But the Senate's version gives more power to a central state ethics board, which exists now only due to an executive order. The Senate version also bans lobbyists from contributing to state candidates, which some legal experts have argued is unconstitutional.
However, the Senate legislation offers more exemptions and loopholes for when lobbyists or groups interested in public policy could offer gifts, which House members have raised serious questions about. The term “gift” is more narrowly defined in the Senate bill, essentially allowing legislators to avoid reporting gifts from anyone who is not a lobbyist or lobbyist employer. Lobbyists could also give to legislators when the gift is received as part of a personal relationship. The Senate did decide to reinsert language making clear that legislative liaisons are subject to the gift giving restrictions. Senate Republicans criticized Democrats for not doing more to prohibit lobbyists' involvement in campaign fundraising.
House Majority Leader Joe Hackney, D-Orange, said House and Senate negotiators have significant differences to work through in the coming days. The most difficult differences are likely to be the powers of the ethics board and how to craft no-gift ban provisions, he said. Hackney said a bill that had imperfections when it went to the Senate has even more on its return, but he promised legislators would pass a final reform bill before leaving Raleigh for the year.
CAMPAIGN FINANCE REFORM BILL GOES TO GOVERNOR The General Assembly agreed to legislation (HB 1846) lowering the maximum amount of cash candidates can receive from an individual and requiring mandatory training of campaign treasurers. The bill also requires contribution checks to be completely filled out, specifically the “payee” line. The House had previously passed separate bills that addressed these issues, but the Senate decided to combine the measures into one bill, which the House accepted last Tuesday. The bill now goes to Gov. Mike Easley for his signature.
PROTECTING CONSUMERS AGAINST PRICE GOUGING If another hurricane hundreds of miles away from North Carolina - similar to last year's Hurricane Katrina - sends gas prices soaring here at home, the state will now be able to seek penalties against businesses for price gouging. Legislators last week approved legislation (HB 1231) that expands our price-gouging law so the Governor can declare an “abnormal market disruption” when supplies are cut off by events outside our state following an act of nature, labor strike, terrorist attack or power failure. North Carolina's current law triggers only when the Governor declares a disaster inside the state. The state could not use the current price-gouging law to investigate pump prices that soared more than $1 a gallon in the days after Hurricane Katrina. The August storm did not strike North Carolina, but knocked out the state's chief source of gas after slamming into Louisiana.
Sharply rising prices after an event, however, is not an automatic violation. Investigators must take into account rising supplier and commodity costs, according to the measure. Violators could be forced to make refunds and face fines up to $5,000 for each infraction. The bill, which now awaits Gov. Mike Easley's signature to become law, also applies to wholesalers and distributors - not just retailers who sell directly to the public.
Officials will keep a close watch on gas prices over the next few months during the height of the hurricane season and as fighting escalates in the Middle East. It is estimated that North Carolina gas prices may soon average more than $3 a gallon, according to AAA Carolinas. The state average is currently $2.92.
PROTESTS DURING FUNERALS OUTLAWED The House has given its final, unanimous approval to a bill (SB 1833) aimed at protecting families from protests at funerals. The bill originally targeted military services, but now covers all funerals beginning Dec. 1. Anyone who displays visual images, yells or uses abusive language within 300 feet of the funeral or memorial site would be guilty of a misdemeanor. The protest ban would begin one hour before the funeral and end one hour after the conclusion of the funeral. According to bill sponsors, 31 states this year have filed similar bills, with 14 signed into law. The federal law, enacted earlier this year, applies only to national cemeteries. State laws would have a broader effect. The bill will now go to Gov. Mike Easley for his signature.
LOTTERY OVERSIGHT COMMITTEE GOES TO CONFERENCE The Senate agreed to create an oversight committee (HB 2212) that would ensure all lottery profits were being used for education and not replacing existing education funds. The House passed a slightly different bill two weeks ago, meaning the two chambers will have to work out differences in a conference committee before we adjourn. The House wants a 16-member panel made up of legislators, educators, school administrators and a county commissioner. The Senate's proposal has a nine-member committee. The lottery is expected to provide $425 million in the coming year for early childhood education, reducing class size, school construction and college scholarships for needy students.
WELL WATER PROTECTIONS SENT TO GOVERNOR The General Assembly agreed to require all 100 counties to create testing and inspection programs for new private drinking water wells. The House voted 101-2 to accept the Senate version of the bill (HB 2873) and moved it along to Gov. Mike Easley, who is expected to sign the bill into law. About a third of the counties now have some kind of plan to oversee well construction or well testing, with only Wake County offering the kind of comprehensive program that the state wants to replicate in all counties. About 2.7 million state residents rely on well water. Each county would now have to develop a permitting, inspection and testing program for new wells and enforce minimum standards set out in the bill and by the Environmental Management Commission. Water would be tested by the state public health lab for review of 17 different elements and compounds, as well as for bacteria and acidity. The Senate vote was 29-19, with most Republicans voting no. The House concurred to the minor changes, 101-2.
HOUSE APPROVES HIGH-RISK INSURANCE POOL The House gave final passage to legislation (HB 1895) that would create a health insurance instrument to help the uninsurable get affordable coverage. The North Carolina Health Insurance Risk Pool would cover people who can't afford health insurance or can't qualify under traditional plans. The pool would guarantee coverage to patients with premiums of no more than 150 percent the rate of an individual covered by a standard health care plan. Premiums and a fee on insurers of up to $2 - phased in through 2012 - per each traditional customer it serves would go into the pool to pay the health care costs of the high-risk patients. Supporters of the bill said this was a first step toward providing affordable health care to an estimated 1.3 million North Carolinians who do not have health insurance. The House voted 95-11 in favor of sending the idea to the Senate, which has yet to take up the measure.
PROTECTING CITIZENS AGAINST IDENTITY THEFT Local and state governments that suffer a security breach that could lead to identity theft would have to inform citizens of the breach under legislation approved by the General Assembly. The bill (HB 1248) would require governments and public agencies to follow the same requirement that businesses must alert customers when confidential information is compromised. The corporate requirement passed last year as part of a broad identity theft prevention law. The bill exempts the Secretary of State's Office for a year from a requirement to keep personal identifying information off of its website, which currently contains an estimated 500,000 online records. During that time, the office would be required to study how to redact personal data from documents already available through its Web site. The measure now goes to Gov. Mike Easley's desk for his signature.
PROTECTING PRIVATE PROPERTY RIGHTS The House and Senate both unanimously approved legislation (HB 1965) last week barring local governments from using condemnation procedures to take land for economic development purposes. The bill would repeal at least nine limited uses of condemnation for economic development granted to local governments by previous legislatures. A House study committee, which was chaired by Reps. Bruce Goforth (D-Buncombe) and Wilma Sherrill (R-Buncombe), met earlier this year to examine the state's eminent domain laws in response to U.S. Supreme Court decision last year. The high court ruling allowed the town of New London, Connecticut, to take houses on property that developers wanted to use for a hotel and convention center. A number of state governments have strengthened their eminent domain laws after the U.S. Supreme Court ruling. While a few states have passed laws similar to the one we approved, Michigan is the only one in the nation to change its Constitution. The eminent domain restrictions bill now goes to the Governor.
COMPROMISE APPROVED ON EYE EXAMS FOR KINDERGARTENERS The General Assembly agreed last Thursday to modify instead of eliminate a program that requires incoming kindergarten students to receive an eye exam to enter school. The compromise proposal (HB 2699), which was approved by the House several weeks ago, was approved by the Senate on Wednesday, and given final approval by the House and sent to the Governor on Thursday. Legislators decided that only children who fail an initial vision review would be urged to get a comprehensive eye exam by an optometrist or ophthalmologist. The more thorough exams wouldn't be mandatory, although parents would be alerted that money may be available to help pay for one. The state budget set aside $500,000 for exams of low income children.
Last year's budget sought to require all kindergarteners to get a comprehensive eye exam before starting school. Proponents of the comprehensive exams argue that vision screenings can miss serious eye problems that can only be detected by instruments used by an optometrist or ophthalmologist. Nationwide studies have shown that even the best vision screenings can miss as much as 30% of treatable eye problems and these eye problems are often misdiagnosed as a learning disability or attention deficit disorder in children.
The bill passed this week creates uniform standards for vision screenings already done as part of a child's pre-kindergarten heath assessment. If a child fails a vision screening, the child would then be referred for a comprehensive eye exam performed by an optometrist or an ophthalmologist. For parents who don't follow through on the process, schools will send out information, including material explaining that funding is available to pay for the exams if needed. Further, if a teacher thinks that a child should get an eye exam, funding will also be made available for those exams. Those opposed to last year's law - the NC School Boards Association, North Carolina Prevent Blindness, and the NC Medical Society - are in support of the compromise bill.
CREATING JOBS, STRENGTHENING OUR ECONOMY Legislators gave final approval last week to an expansion of the William S. Lee Act and Job Development Investment Grant (JDIG) program, which have helped create more than 16,000 new jobs across North Carolina during the last five years. The JDIG program will now double in size - from $15 million to $30 million in grants - as well as be extended through 2009 and allow motorsports manufacturing facilities to qualify for grants. Since JDIG's creation in 2002, more than 40 companies have been accepted for the grant program, which gives back to companies cash grants equal to up to 75 percent of state withholding taxes generated by jobs they have created. The bill (HB 2744) now goes to the Governor.
The House was back in session on Monday night at 7 pm. Several House committees, including conference committees, met on Monday afternoon in order to move the remaining unfinished bills through our chamber.
Tuesday, July 18, 2006
The e-news is late this week because I was excused from the legislature to be with my dad as he was having by-pass surgery. He is making good progress and I'm back in Raleigh until the session ends.
Legislators were extremely busy in Raleigh last week as we tried to wrap up our remaining work so we can adjourn for the year. We passed numerous bills on topics such as requiring all passengers to wear seatbelts, prohibiting teenagers from talking on a cell phone while driving, improving our state's economic development programs, and requiring better inspections of private wells.
The Senate continues to work on the various ethics, campaign finance and lobbying reform bills, which have passed the House in recent weeks. I strongly believe that we must give final approval to these bills and others dealing with sex offender registration and monitoring, eminent domain restrictions to protect private property rights and establishing a lottery oversight committee before we adjourn. Legislative leaders remain hopeful that the House and Senate can pass the remaining bills this week and adjourn for the year by Friday – stay tuned for further updates.
MISSION ACCOMPLISHED: STATE'S MINIMUM WAGE WILL INCREASE North Carolina's minimum wage will finally increase to $6.15 per hour on January 1, 2007. Governor Mike Easley signed into law on Thursday HB 2174, which will increase the state's minimum wage from $5.15 to $6.15. The legislation was sponsored by Rep. Alma Adams (D-Guilford), Rep. Jim Harrell III (D-Surry) and Rep. Earl Jones (D-Guilford). The bill also ties North Carolina's minimum wage to the federal Fair Labor Standards Act. If the federal minimum wage is raised, employees in North Carolina will receive whichever wage is higher. The federal minimum wage is currently $5.15 an hour and has not been raised in nine years. The wage increase is expected to benefit 139,000 workers in North Carolina. CAMPAIGN FINANCE REFORM BILL GOES TO GOVERNOR The House and Senate have given final approval to legislation (HB 1845) that will prohibit candidates and elected officials from converting campaign funds for personal use. The unspent campaign funds may be donated to charity, political parties or other campaigns. Candidates may also pay election law fines out of the funds or return contributions to donors. The legislation requires more thorough reporting of campaign expenses and prevents heirs of deceased candidates from inheriting campaign money. The measure was one of ten recommendations made earlier this summer by the House Select Committee on Ethics and Governmental Reform, which met prior to the start of this year's short session. The House and Senate are also trying to finalize legislation that will increase disclosure of campaign contributions, require further regulation of lobbyists, and improve the ethics laws governing the Executive and Legislative Branches.
SAFER DRINKING WATER FOR WELL USERS A House bill that requires North Carolina counties to inspect and test private wells passed the Senate Finance Committee on Thursday and will have a full Senate vote this week. HB 2873, sponsored by Rep. Verla Insko (D-Orange) and Rep. Lucy Allen (D-Franklin), passed the House earlier this week. The bill would require counties to set up an inspection program and send test samples to the state public health lab for review for 17 different elements and compounds, as well as for bacteria and acidity. About 2.7 million state residents rely on well water, but only a third of the counties actually have some kind of plan in place to oversee well construction or well testing. The Environmental Management Commission already inspects large wells used by community water systems that serve large housing developments and some municipalities.
I PLEDGE ALLEGIANCE. . . A bill requiring schools to set aside time each day for students to recite the Pledge of Allegiance is finally headed to Gov. Mike Easley's desk for his signature. State law already encourages schools to display the U.S. and state flag, but does not require it. The bill (SB 700) would require the flags to be displayed and school children be given the opportunity to say the pledge each day.
SEAT BELT RESTRICTIONS All vehicle passengers, even those in the back seat, would have to buckle up in North Carolina under legislation that the General Assembly approved last week. The bill (SB 774) mandates seatbelt use for all riders in a passenger vehicle. The law would take effect on December 1, but for the first seven months - until next July - law enforcement officers would not issue tickets, only warnings. After that, the law straps back-seat passengers who are not wearing a seat belt with a $10 ticket; however, it would only be a secondary violation, meaning law enforcement cannot stop a vehicle solely for a seat belt infraction. The bill now goes to the governor's desk for his signature.
TEENS AND CELL PHONES The House has approved legislation (SB 1289) that would prohibit teenagers from talking on their cell phones while driving. The bill passed on a vote of 89-22 on Wednesday and will now go back to the Senate for final approval. Motorists under the age of 18 caught using a cell could face a $25 fine and an extension to their graduated driving period. Like other graduated licensing rules, this law is designed more as a tool for parents than a tool for law enforcement. The bill does make exceptions for teenagers speaking with parents, law enforcement and spouses. According to supporters of the bill, more than 21 percent of all highway fatalities occur in crashes involving teenage drivers. Motor vehicle crashes are the leading cause of death among North Carolina teens, with more than 400 killed in the past five years. Drivers using mobile phones are four times more likely to be involved in a crash than those who aren't.
IMPROVING OUR STATE'S ECONOMY The House gave final approval to HB 2170, which will consolidate and improve North Carolina's primary job creation incentives program, the William S. Lee Act. First approved in 1996, the Bill Lee Act provides tax credits to certain industries that create jobs, install machinery, train workers and perform research. Companies receive tax credits based on the location of the new jobs – companies receive higher credits if jobs are located in more economically distressed or impoverished counties of the state.
The Commerce Department said the extra funding was needed to help recruit an extraordinary number of potential job-creation projects during the rest of 2006. The grant program gives back to companies cash grants equal to up to 75 percent of state withholding taxes generated by jobs they have created. Other parts of the bill would extend the program through 2009 and allow motorsports manufacturing facilities to qualify for the grants. The measure now moves over to the Senate for consideration.
Legislators are also seeking to improve and expand two other job creation programs – the Job Development Investment Grants (JDIG) and the One North Carolina Fund, which have helped create more than 33,000 new jobs across the state since 2001.
INCREASING CABLE COMPETITION; LOWER PRICES FOR CONSUMERS The House has given final approval to a bill (HB 2047) that would deregulate cable television service in a move supporters hope will lead to new programming choices and lower rates. The House voted 111-5 to approve recent changes made by the Senate. Beginning Jan. 1, the measure would phase out local franchise agreements between cable providers and city and county governments. After that, any company who wants to provide pay television service over phone lines or broadband Internet can register with the Secretary of State&aposs Office. Traditional phone companies such as BellSouth consider the bill, which now goes to Gov. Mike Easley for his signature, an easier way to enter new markets.
HOUSE APPROVES BILLS FOR VETERANS House members approved two pieces of legislation that will help North Carolina&aposs approximately 800,000 veterans and 90,000 active duty members of the military. The bills now head to the Governor.
On Wednesday, we approved HB 2883, which will protect veterans, active duty military and members of the National Guard against identity theft. The bill was in response to the news of a recent theft of a federal government database in Washington, D.C. that included the names, Social Security numbers and birthdates of 26.5 million veterans across the nation. The laptop has since been recovered, and federal investigators believe the data had not been accessed. Worried veterans, however, will not have to pay the up to $10 state law permits for credit reporting agencies to charge for the credit freeze, which prevents any credit from being taken in their name. Surviving spouses of military personnel can also get a credit freeze under the proposal, and family members can act on behalf of active-duty personnel overseas. Veterans who suspect identity theft should call (800) FED-INFO or (800) 333-4636 or go to: www.firstgov.gov/veteransinfo.shtml.
The House passed a bill (SB 862) which would allow veterans who served in the Korean Conflict or the Vietnam War to be issued high school diplomas if they had not previously received them. These special diplomas are already issued to veterans of World War II. A number of other states have similar programs including Kentucky, Indiana, Colorado and Vermont.
We are back in session this week and hope to finish up by Friday. Please stay tuned for later developments this week. We will have at least one more e-newsletter possibly 2 before the session ends. Thank you for helping me help you stay informed.
Friday, July 7, 2006
Although this week was shortened due to the long July 4th holiday weekend, my colleagues and I were extremely busy during lengthy sessions on Wednesday and Thursday. We gave final approval to an $18.9 billion state budget, which now must be signed by the Governor, and passed numerous bills on topics such as establishing a new lottery oversight committee, lobbying reform, requiring passengers to wear seatbelts in the back seat, protections for school children, eye exams for kindergarteners, mental health reforms, sex offender registrations, and economic development programs.
On Wednesday, House Speaker Jim Black said he's hopeful the General Assembly can adjourn by the end of next week if legislators can complete work on numerous remaining bills. Adjournment likely will depend on how quickly the Senate finishes its work on a minimum wage increase, numerous campaign finance, lobbying and ethics reforms, eminent domain restrictions and several other bills that have already passed the House. The House worked late on Thursday to wrap up several remaining bills and plans to start back early on Monday. The Senate is holding another rare Friday session and will have much more work to complete next week.
BUDGET UPDATE: LEGISLATORS APPROVE $18.9 BILLION BUDGET The House and Senate gave final approval to an $18.9 billion state budget on Thursday that provides more funding than ever before for education, gives teachers and state employees substantial pay raises, provides much-needed funding for health care, including mental health reform, and offers tax relief to all North Carolinians.
Members of the House gave initial approval of the budget on Wednesday afternoon by a vote of 82-35, and final approval on Thursday, 82-31. The Senate approved the bill on Wednesday, 32-16, and on Thursday by a vote of 31-15. No Democrats voted against the budget in either chamber. Four Senate Republicans and 22 House Republicans voted for it on Wednesday, with similar numbers on Thursday.
Improving education continues to be our number one priority. Under the proposal, more than $10.8 billion will be provided for education. This total is more than $943 million above last year's budget, and is in addition to $425 million in expected revenues from the N.C. Education Lottery for early childhood education, reducing class size, school construction and college scholarships.
The budget provides an 8% pay raise for our state's valuable teachers and a 5.5% pay raise for state employees, which is more than the 5% originally proposed by the Senate and Governor. We also provide full funding of the state's low-wealth and disadvantaged student school funds, as well as doing away with the school system discretionary cuts forced by budget deficits since 2003 - this totals more than $110 million for our children and their schools. More than $163 million is provided to K-12 schools, universities and community colleges to help educate the more than 27,000 new students expected this fall.
The budget includes a critical investment of targeted resources into health care, including mental health and community based services, emergency planning and management, and public safety programs and our courts. It provides $27.4 million in relief to all 100 counties to freeze the counties' portion of Medicaid expenses at this year's level. The House budget included a total of $53 million to cap the rate and provide additional assistance to counties with high numbers of Medicaid recipients; the Senate did not provide any assistance.
We also dedicated $27 million to improve our court system by establishing numerous new positions across the state, including 90 new Assistant District Attorneys, 75 Deputy Clerks, 17 District Court Judges and 6 new magistrates. And, we place over $560 million into savings accounts and repair and renovation of state facilities.
The budget provides close to $200 million in tax relief for all North Carolinians by cutting two “temporary” one half cent taxes early that were initiated in 2001 at the height of the recession, which were set to expire next year. The budget reduces the state's sales tax by a quarter of a penny on December 1 - just in time for the holidays - and will reduce the top income tax bracket for individuals and approximately 30,000 businesses from 8.25% to 8% starting January 1, 2007. House budget negotiators were also successful in convincing the Senate to go along with the House sponsored tax credit for small businesses that provide health insurance to employees making less than $40,000 a year. Legislators also capped the state's gas tax at 29.9 cents to ensure the tax does not increase further even if oil and gas companies continue to raise prices at the pump.
IN OTHER NEWS FROM THE LEGISLATURE. . . PASS MINIMUM WAGE INCREASE BEFORE ADJOURNING! Several House Democrats and advocates for the poor urged the Senate on Thursday to immediately pass legislation that would raise the minimum wage by $1 per hour. The House passed the increase in a standalone bill (HB 2174) last month, while the Senate inserted the same provision into its budget. Rep. Alma Adams, D-Guilford, said at a news conference that the lives of the working poor and their children won't improve unless the General Assembly passes the bill before it adjourns for the year. Several Senators said at the end of the week that they hoped the Senate would begin debate on the House minimum wage bill this week.
PLEDGE OF ALLEGIANCE BILL PASSES HOUSE The House passed a bill on Friday that would require the display of the United States and North Carolina flags, when available, as well as the recitation of the Pledge of Allegiance on a daily basis in public schools. Instruction about the historical context of the Pledge will also be required in classrooms. One such amendment was put forth and subsequently withdrawn by Rep. Luebke (D-Durham). The bill, SB 700, which has already cleared the Senate, will now go to the governor to sign.
NEW RULES FOR LOBBYISTS A House judiciary panel approved a bill (HB 1849) last week that would prohibit lobbyists from giving gifts to legislators, although they could still donate to political candidates. The new rules were developed from a special House panel recommendation earlier this year. It builds upon a 2005 lobbying reform package that was approved last year by legislators that will take effect in January and was designed to make lobbying activities more transparent by requiring great reporter requirements. Some wanted that law to go further, particularly on the issue of lobbyists' gifts to legislators.
The lobbying bill heading to the full House would merge separate rules for registering legislative and executive branch lobbyists with the Secretary of State&aposs Office under one law. Lobbyists or their principals would be barred from giving gifts to legislators, the governor, Council of State members and their top assistants. Exemptions would be made for meals and drinks at public events such as receptions and trinkets worth less than $10. The bill also would restrict a lobbyist from giving $4,000 in cumulative donations to candidates in any election. An earlier version would have barred all donations, but several legislators and legal experts argued that the courts could rule that prohibition unconstitutional. The proposed restriction also deletes an earlier provision that would have barred a lobbyist from soliciting donations on behalf of a candidate.
The legislation was one of ten recommendations by the House Select Committee on Ethics and Governmental Reform and could be voted on by the full House next week. The House has already passed six campaign finance and ethics reform bills recommended by the committee, but unfortunately the Senate has not passed a single bill thus far.
GENERAL ASSEMBLY BECOMES SMOKE-FREE The General Assembly will soon be smoke-free. The House approved a bill (HB 1133) on Friday to prohibit smoking in all parts of the North Carolina legislative buildings, even though the House and Senate chambers have been smoke-free for several years. Supporters of the bill say it is important for lawmakers to set an example for the tens of thousands of visitors, many of them students, who frequent the legislature each year or serve as pages. Earlier, the surgeon general released a report citing “overwhelming scientific evidence” that involuntary smoking causes heart disease, lung cancer and a list of other illnesses. The analysis also named additional health risks for children. Despite the fact that North Carolina is the nation's largest tobacco-producing state, House members approved the smoking ban 95-14. I will be running a bill in the Senate Healthcare Committee on Friday that would allow for community college campuses to be smoke free.
NO PRAYER FOR JUDGEMENT FOR PASSING A STOPPED SCHOOL BUS The House approved legislation (HB 2880) that would remove the option to use a Prayer for Judgment (PJC) when facing conviction of a stop arm violation. Passing a stopped school bus carries more points on a driver&aposs license than a DWI conviction, yet PJCs are not allowed for DWIs and currently are allowed for stop arm violations. The Department of Public Instruction estimates that last year there were as many as 440,640 stop arm violations, but of those only 1,139 were ticketed and 187 actually convicted. The low conviction rate is in part to the use of PJCs. In a recent Paula Zahn primetime special on CNN, it was reported that North Carolina now has the most stringent stop arm laws in the country. If signed into law, the legislation will make our laws even stronger.
“MOVE OVER” LAW GOES INTO EFFECT Beginning on July 1, motorists face increased penalties for failing to move out of the way of emergency vehicles on North Carolina highways. Following the death of an on-duty North Carolina State Highway Patrolman in the western part of the state, the “Move Over” Law was enacted in 2001 to require motorists to change lanes or slow down when passing a stopped emergency vehicle with flashing lights on the roadside. The changes passed last year by the Legislature, increase penalties for violating the law from a $25 fine to a $250 fine, plus $100 in court costs. In addition, motorists could face misdemeanor charges for causing personal injury or property damage greater than $500 or felony charges for severe injury or death in the immediate area of a stopped emergency vehicle. Information about the “Move Over” law is available on the Web at: www.nccrimecontrol.org/moveover.
GENERAL ASSEMBLY HONORS HUGH MORTON The General Assembly said goodbye to the late Hugh Morton, calling the photographer and environmental champion a true public servant committed to the interests of North Carolina and retaining the state's beauty. Lawmakers unanimously passed a resolution honoring Morton, who died June 1 at age 85 from cancer. Morton's camera lens captured North Carolina history and its scenery for more than a half century, especially Grandfather Mountain, which he turned into a leading tourist attraction, symbolized by its most famous resident, Mildred the Bear. Morton helped bring the battleship USS North Carolina to Wilmington, protecting the Cape Hatteras Lighthouse and kept the Blue Ridge Parkway from going over the mountain he owned. The parkway ultimately went around the mountain thanks to construction of the now-famous Linn Cove Viaduct.
PROTECTING SCHOOL CHILDREN Children are about to gain stronger protections from pesticides, mercury, diesel fumes, arsenic-treated wood, mold and mildew at North Carolina's public schools. The “School Children's Health Act” has passed the House and Senate and has been sent to the Governor for his signature. The bill (HB 1502) uses common-sense, low-cost, and even cost-savings measures to reduce student and staff exposure to hazardous contaminants in school buildings. The bill was sponsored by Representatives Grier Martin (D-Wake), Marian McLawhorn (D-Pitt) and Marvin Lucas (D-Cumberland). The measure, which was originally approved last year by the House, was strongly endorsed by the NC Pediatric Society, Agricultural Resources Center, Conservation Council of NC, Action for Children NC, the Covenant with North Carolina's Children, and Chairman of the State Board of Education Howard Lee.
EYE EXAMS FOR CHILDREN On Thursday, the House passed a bill sponsored by Rep. Linda Coleman, D-Wake, that would revise a controversial law from last year that sought to require all kindergarteners to get a comprehensive eye exam before starting school. The law passed last year by the General Assembly has been halted by the courts amid a lawsuit brought by the NC School Boards Association, which claims that such a requirement would violate the North Carolina constitution. Critics of the law say that requiring eye exams for all children would be unnecessary since children must already undergo a vision screening. But proponents of the law argue that these vision screenings can miss serious eye problems that can only be detected by instruments used by an optometrist or ophthalmologist. Nationwide studies have shown that even the best vision screenings can miss as much as 30% of treatable eye problems and these eye problems are often misdiagnosed as a learning disability or attention deficit disorder in children.
The proposed revision of the law (HB 2699), which was approved Thursday by a vote of 90-12, would create uniform standards for vision screenings already done as part of a child's pre-kindergarten heath assessment. If a child then fails a vision screening, the child would be referred for a comprehensive eye exam performed by an optometrist or an ophthalmologist. For parents who don't follow through on the process, schools will send out information, including material explaining that funding is available to pay for the exams if needed. Further, if a teacher thinks that a child should get an eye exam, funding will also be made available for those exams. Those opposed to law year's law – the NC School Boards Association, North Carolina Prevent Blindness, and the NC Medical Society – are in support of the bill, which now heads to the Senate for approval.
NEW LOTTERY OVERSIGHT COMMITTEE APPROVED The House overwhelmingly approved legislation on Thursday that would establish an oversight committee to keep an eye on the new North Carolina lottery and ensure all proceeds go to education. “We want to ensure the citizens from this state that the proceeds from the lottery will be used exactly for what we said it would be used for,” said Rep. Bernard Allen, D-Wake, one of the bill's co-sponsors “There will be no supplanting of funds.” The new North Carolina Education Lottery is projected to raise over $400 million for education programs this year, including early childhood education, reducing class size, school construction and college scholarships. The House approved HB 2212 by a vote of 102-1 and sent it to the Senate for consideration.
GETTING TOUGH ON SEX OFFENDERS The House has passed additional legislation that toughens our laws on sex offenders. On Thursday, legislators approved HB 1871, which requires a person convicted in another state to also register as a sex offender in North Carolina. The bill also requires DMV to provide notice of sex offender registration requirements to applicants for a driver's license, learner's permit, instruction permit, or identification card and DMV workers must also search the national sex offender public registry for an applicant's name before issuing either a driver's license or special identification card.
The legislation, which now goes to the Senate for consideration, is one of several sex offender enforcement bills that were recommended by the House Select Committee on Sex Offender Registration Laws, which met prior to the start of the short session. The House has already passed a bill (HB 1896) that prohibits a sex offender from living within 1,000 feet of a school, daycare center or public pool and strengthens registration requirements. The budget also included $1.5 million to upgrade the state's sex offender registry, implement a global positioning system to monitor the most serious convicted sex offenders, and to establish an email notification program so citizens can be notified when a registered sex offender moves into their neighborhood.
SEAT BELT RESTRICTIONS All vehicle passengers, even those in the back seat, would have to buckle up in North Carolina under legislation that the House approved on Thursday. The bill (SB 774) mandates seatbelt use for all riders in a passenger vehicle, but House members reduced the fine for violating the measure from $75 to $10 during final debate before sending it back to the Senate for concurrence. The legislation would alter current law, which says only those in the front seat – as well as children under 16 in the back – are required to wear seat belts. The bill would also bring North Carolina into accordance with federal law by requiring truck and bus drivers to buckle up. However, legislators made the seat belt measure a secondary violation, meaning law enforcement cannot stop a vehicle solely for a seat belt infraction.
The measure, which passed the Senate last year, survived an amendment on Wednesday that would have maintained state law as it is now — only requiring seat belt use in the front seats. Supporters of the amendment argued that the measure was unenforceable, took away an adult's right to choose and wrongly hit taxpayers with additional fines. The amendment failed in a 50-66 vote.
Bill sponsor Rep. Jennifer Weiss, D-Wake, noted that 70 percent of back-seat passengers who died in North Carolina accidents in recent years were not wearing a seat belt. She said the use of seat belts in the back seat was just 36 percent, compared with 86 percent in the front. Of the more than 1,100 deadly crashes in 2004, seatbelts are credited with saving more than 600 lives. Almost 20 other states, including South Carolina, have passed back-seat belt use laws, which was also a major recommendation of North Carolina's Child Fatality Task Force.
IMPROVING ECONOMIC DEVELOPMENT PROGRAMS IN NC The Commerce Department will receive $30 million for its Job Development Investment Grants (JDIG) program this year instead of the usual $15 million in an economic development bill (HB 2744) that passed the House on Thursday. The department says the extra money is needed to help them recruit an extraordinary number of potential job-creation projects during the rest of 2006. The program gives back to companies cash grants equal to a portion of state withholding taxes generated by jobs they have created. Other parts of the bill would extend the program through 2009 and allow motor sports manufacturing facilities to qualify for the grants. The bill passed 97-15 and went to the Senate despite complaints from critics that the incentives are highly discriminatory toward only a few fortunate companies. Since the first grant was awarded in 2003, the JDIG program has helped create more than 14,700 jobs and $2 billion in investment in North Carolina.
MENTAL HEALTH REFORM PASSED The House gave final approval to changes designed to define the responsibilities of community mental health managers and give power to the Health and Human Services secretary to take over functions that aren't currently being performed. The measure is part of a series of changes designed to jump start mental health reforms that place more patient treatment in local communities. The measure (HB 2077) now goes to Gov. Mike Easley's desk after the House agreed on Thursday to changes made by the Senate.
DWI MEASURE FINALLY APPROVED On Wednesday, the Senate gave final approval to legislation that would make changes to North Carolina's drunk driving laws, with the intent of improving enforcement and increasing conviction rates. The measure (HB 1048) will now go back to the House, which approved the proposal last year, for concurrence. Many changes are designed to ensure that judges, prosecutors and law enforcement statewide follow the same procedures in handling the cases. The legislation also creates three new offenses — felony serious injury by vehicle, aggravated felony death by vehicle and aggravated felony serious injury by vehicle. All the changes were recommended by Gov. Mike Easley's DWI task force, which offered more than 40 proposals in early 2005 to crack down on drunk driving.
Thursday, June 15, 2006
My colleagues and I were busy on numerous fronts this week. Members of the House and Senate started negotiations on the budget on Tuesday and their work will continue through next week as we try to reach an agreement on the spending plan for the next fiscal year, which begins July 1. We passed legislation on important “non-budget” issues such as cracking down on sex offenders, campaign finance reform and protecting veterans and our military from identity theft. We also had a little “sports” fun on Wednesday and Thursday when we were lucky enough to have the Carolina Hurricanes and Olympic gold medalist Joey Cheek of Greensboro visit the General Assembly.
Please remember that you can listen to each day's session, committee meetings and press conferences on the General Assembly's website at www.ncleg.net. Once on the site, select “audio”, and then make your selection i.e. House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
BUDGET UPDATE Budget conferees were named by Speaker Jim Black, D-Mecklenburg, and Senate President Pro Tem Marc Basnight, D-Dare, on Monday night, which officially started negotiations between the two chambers on a final budget. I was appointed as a conferee to the subcommittee on Education.
Negotiators from the House and Senate appear to have reached a compromise on many differences in their respective budget bills during negotiations this week, but relief for counties with high Medicaid expenses, salary increases, education funding, tax cuts and whether non-budget policy provisions should stay in the final budget bill all remain on the table. The House budget set aside $53 million for counties to pay their Medicaid expenses, but the Senate had none. The Senate offered a compromise Wednesday in which it would agree to pay $20 million. Negotiators of the roughly $19 billion budget also haven't finalized how to spend money toward a special fund for at-risk students and poor school districts.
House and Senate finance leaders still must work out the scope of the reductions in two “temporary” tax increases passed in 2001 during the recession that are set to expire next year. The two chambers agreed in their budgets to reduce the state sales tax by a quarter cent, but they differ on how far the individual income tax should decrease for top wage earners. The House wants to provide a tax credit to small businesses that offer health insurance to employees; the Senate did not include this credit in their budget. The two sides also differ on whether most state employees should receive a $300 bonus to go with a permanent 5 percent raise. Legislative leaders want to reach a final agreement before next Tuesday so that it can be voted on and sent to Governor Easley for his signature by June 30, when the current fiscal year ends.
HOUSE CRACKS DOWN ON SEX OFFENDERS House members unanimously approved legislation (HB 1896) on Tuesday that would prohibit sex offenders from living within 1,000 feet of a school, day care center or public swimming pool. The bill would require sex offenders to register in person with the sheriff of the county, give annual verification of address and notification of changes in address. Further, if a convicted sex offender works or attends school in another county, they must also register with that second county's sheriff.
The bill adds to the list of offenses that require sex offender registration by including statutory rape of a person who is 13, 14 or 15 years old by a person who is at least six years older than the victim. Other provisions make it a felony for someone to knowingly harbor an unregistered sexual offender, and authorize sheriff's deputies to obtain updated photographs when they believe an offender's appearance has changed. The state Department of Motor Vehicles would conduct background checks on new residents before issuing a driver's license.
The legislation, which now goes to the Senate for consideration, is one of several sex offender enforcement bills that were recommended by the House Select Committee on Sex Offender Registration Laws which met prior to the start of the short session. The House budget included $1.5 million to upgrade the state's sex offender registry, implement a global positioning system to monitor the most serious convicted sex offenders, and to establish an email notification program so citizens can be notified when a registered sex offender moves into their neighborhood.
PROTECTING VETERANS AGAINST IDENTITY THEFT The House approved legislation on Thursday (HB 2883) that would protect veterans, active duty military and members of the National Guard against identity theft. The bill was sponsored by Rep. Bruce Goforth, D-Buncombe, in response to the news of a recent theft of a federal government database in Washington, D.C. that included the names, Social Security numbers and birthdates of 26.5 million veterans across the nation.
Under existing North Carolina law, any victim of identity theft can get a free credit freeze, which prohibits access to that person's account history. Some states allow consumers to pay for a credit freeze before encountering fraud, but haven't committed to offering any similar services for free. North Carolina veterans would have until the end of the year to initiate the service and could keep it at no charge for up to a year. The bill was unanimously approved on Thursday.
North Carolina is home to more than 770,000 veterans and 90,000 active duty members of the military. Surviving spouses of military personnel can also get a credit freeze under the proposal, and family members can act on behalf of active-duty personnel overseas.
Veterans who suspect identity theft should call (800) FED-INFO or (800) 333-4636 or go to: www.firstgov.gov/veteransinfo.shtml.
HOUSE PASSES CAMPAIGN FINANCE BILL Members of the House approved legislation (HB 1845) that provides additional requirements on how campaign funds may be used, including barring political candidates from using campaign contributions for personal use. The measure would limit a candidate or campaign committee to spending in seven specific areas including running for and holding public office, gifts to charities, contributions to other campaigns, and paying penalties for election law violations. The bill was recommended due to several former legislators who spent donations on personal uses, including Rep. Joni Bowie (R-Guilford) who spent more than $16,000 on a car and computer after losing re-election in 2004.
North Carolina is one of only about 10 states that doesn't limit how politicians spend campaign funds while running for office or after they leave office, said Rep. Deborah Ross, D-Wake, one of the bill's sponsors. The bill is one of 10 recommendations from the House Select Committee on Ethics and Governmental Reform, which met prior to the start of this year's short session.
The bill would take effect on October 1, 2006. Bob Hall, research director for Democracy North Carolina, a campaign finance watchdog, supports the ban, but said starting the ban during an election season - i.e. on October 1, 2006 - and before campaign treasurers are required to get training, creates a situation where someone could unknowingly violate a law that carries a misdemeanor penalty. An amendment, supported by Hall and sponsored by Rep. Mickey Michaux, D-Durham, to change the effective date to January 1, 2007 failed by a vote of 44-70.
The House gave initial approval of the bill on Wednesday by a vote of 107-8 and final approval on Thursday, 104-5. It now moves to the Senate for consideration.
ASSISTANCE FOR LAW ENFORCEMENT OFFICERS House Bill 447, Law Enforcement Officers Creditable Service/Workers' Compensation, passed the House on Thursday and will now be sent to the Governor for signature into law. This bill, long sought by law enforcement groups, provides that any officer injured by the criminal act of a third party and forced out of work because of that injury for a period of time, will now have that time out on workers' compensation count towards his or her retirement. This eliminates the double penalty that had existed for injured local officers who were out of work and also losing time towards their retirement when seriously hurt by a criminal. The bill was supported by the North Carolina Police Benevolent Association, other law enforcement groups and the League of Municipalities as well as the Association of County Commissioners.
GENERAL ASSEMBLY HONORS CAROLINA HURRICANES AND OLYMPIC GOLD MEDALIST JOEY CHEEK The Stanley Cup champion Carolina Hurricanes were honored at the General Assembly on Wednesday by members of the House and Senate during a special joint session. Close to 30 Hurricanes players and Coach Peter Laviolette came into the House chamber to raucous applause following their second victory parade in as many days. Defenseman Bret Hedican got the biggest cheers — and a lot of camera flashes — when he raised the Stanley Cup over his head and placed it on the House dais beside of Speaker Jim Black. Carolina won the NHL title Monday night by beating the Edmonton Oilers 3-1 in the final game of a seven-game series, bringing the first big-league professional sports championship to North Carolina.
On Thursday, legislators honored Greensboro native and Olympic medalist Joey Cheek who won a gold medal in the 500 meter race and silver medal in the 1,000 meter race during the 2006 Winter Olympics. He won his first medal during the 2002 Winter Olympics in Salt Lake City by capturing the bronze for his third-place finish in the 1,000 meter event. Cheek has traveled the world, including Darfur, to promote the “Right to Play” charity, which helps children in disadvantaged nations grow and develop through sports. He donated his winnings from the Olympics to the charity.
GROUPS VISITING RALEIGH On Tuesday, more than a hundred women participated in Women' s Advocacy Day, an annual event hosted by North Carolina Women United. At a morning news conference, Lt. Gov. Beverly Perdue, along with several House members and N.C. Women United leaders, advocated for women' s and family issues. The speakers urged lawmakers to raise the minimum wage, increase health care access for families, provide adequate funding for rape crisis centers and pass lobbying reform. They also encouraged more women to become engaged in the political process. N.C. Women United is a nonprofit coalition of more than 40 organizations working to achieve equality for women in North Carolina.
The North Carolina Association of Realtors, Inc. visited the General Assembly on Wednesday to advocate for a strong real estate industry through an increase in the N.C. Housing Trust Fund and to oppose some provisions of the Senate stormwater management bill. One provision, dealing with the percentage of a tract of land that may be developed without installing engineered stormwater controls. The NCAR contends this legislation would be economically devastating to development in coastal areas.
The Apartment Association of North Carolina came to discuss methamphetamine labs in rental housing and why legislation should be passed to prosecute the perpetrator in these crimes rather than any “responsible party” including the owner. The AANC promotes the interests of persons, firms, and corporations who develop, own, or manage multi-family residential housing.
Thursday, June 15, 2006
My colleagues and I in the House this week focused most of our time on finalizing and passing our version of the budget. The $18.9 billion spending plan, which was approved overwhelmingly by the House on Wednesday and Thursday, makes much needed investments in education, health and human services, our courts and public safety programs, economic development, transportation and pay raises for teachers and state employees, while also providing more than $160 million in tax relief for all North Carolinians.
Please remember that you can listen to each day's session, committee meetings and press conferences on the General Assembly's website at www.ncleg.net. Once on the site, select “audio”, and then make your selection i.e. House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
BUDGET UPDATE: HOUSE PASSES BUDGET Members of the State House approved their version of the state budget this week. The House gave initial approval of the budget on Wednesday afternoon by a vote of 92 to 26 and final approval on Thursday morning, 91 to 23. The $18.9 billion spending plan was supported by all Democrats and a majority of Republicans. Members of the House and Senate are expected to begin meeting early next week to work out their differences on the state budget for the next fiscal year, which begins July 1.
The House budget continues to move North Carolina forward in education, health care, public safety and economic development, while also providing tax relief to all North Carolinians. Improving and investing in education continues to be our number one priority, and this budget helps us provide a quality education to every child in our state and gives our valuable teachers and state employees a well-deserved pay raise.
The House budget provides more than $10.7 billion in resources to improve education. This total represents more than $860 million above last year's budget and is in addition to more than $400 million in revenues from the N.C. Education Lottery.
The House budget also provides higher pay raises for teachers and state employees than proposed previously by the Governor and Senate. Public school teachers, community college faculty and professional staff would see a roughly 8 percent increase. State employees will receive a 5 percent pay raise, plus a $300 bonus. Like the Senate, the House eliminated $44.3 million in spending cuts for all local school districts ordered annually since 2003, but we also dedicated almost $41.9 million to low wealth school districts.
In addition to funding for education, the House budget provides resources to continue the state's progress in economic development, health and human services, and public safety programs and our courts, while also providing tax relief to all North Carolinians.
Mental health reforms, which began in 2001, take an enormous step forward in this year's budget due to $104.2 million dedicated to improving mental health, developmental disabilities and substance abuse services. The House budget for the Health and Human Services also reduces a child care subsidy waiting list and expands the Smart Start early childhood initiative. A bill that I sponsored along with others in my delegation looks to raise our county's market rate for child care subsidy. That bill is still in play but we will know more once conferees have met on the House and Senate budget differences.
Unlike the Senate and Governor, the House budget sets aside $53 million in funding to cap the counties' share of Medicaid expenses at this year's levels and provides additional relief to counties with the highest populations of Medicaid recipients. Under our plan, Buncombe County would receive $1.5 million in assistance. This relief was a top priority for local elected officials and the North Carolina Association of County Commissioners and I am hopeful the Senate will go along with this proposal.
The House budget provides more than $1.8 billion for justice and public safety programs to reduce crime and keep our neighborhoods safe. We dedicated close to $10 million to hire more than 200 prosecutors, judges and court officials across the state, including additional district attorneys for Buncombe County.
The budget expands the One North Carolina Fund by $11 million and provides $5 million for Small Business Innovation Research grants for entrepreneurs to match federal monies to create new businesses. It continues the Job Development Investment Grant (JDIG) program and provides additional support for growing industries through biotechnology programs and other incentives. Since 2001, JDIG and One NC programs combined have helped created close to 30,000 new jobs across the state.
In addition to these important investments, the House budget also provides $163.9 million in tax relief to all North Carolinians. The House budget, like the Senate proposal, would cut the sales tax by a quarter-penny, but only reduces the income tax for high earners from 8.25 percent to 8.125 percent; the Senate decreased it to 8 percent. Unlike the Governor and Senate, the House provides a new tax credit for small businesses that provide health insurance to employees.
As promised by Speaker Black and other House leaders, the 122 page House budget was strictly budget items as opposed to the previously passed Senate budget, which was 167 pages and included several proposed policy changes such as a minimum wage increase and a moratorium on new landfills. >We have policy committees to handle all policy issues and we're going to have a budget that is strictly budget items without any policy issues, Speaker Black said at the beginning of the budget process. The House has already passed legislation that would increase the state's minimum wage from $5.15 per hour to $6.15.
CABLE TV COMPETITION BILL Legislative committees agreed to create new rules guiding who can provide television through cable or broadband Internet. The nearly identical bills approved in House and Senate committees (HB 2047 and SB 1559) would eliminate the current system of local franchise deals that cities and counties have made for decades with cable television companies. Instead, the bill would turn over franchising authority to the Secretary of State's Office. Supporters argue the change will make it easier for multiple video programming providers to compete in the same area, leading to lower prices and better service. Critics contend the statewide franchise doesn't give local governments the same negotiating power with cable television companies to ensure customers will receive service. The House Finance Committee and Senate Commerce Committee rejected amendments that would require television service providers to meet certain service thresholds in a coverage area as soon as three years in entering a market. I offered an amendment to better fund media centers or PEG channels, and even though it did not pass in House Finance, Senator Ellie Kinnaird plans to try to push my amendment in Senate Finance.
INCENTIVES TO SAVE FOR COLLEGE The House gave its final approval to legislation (HB 770) that calls for tax deductions of up to $10,000 per person who contributes to North Carolina's 529 college savings plan. The plan lets investors set aside money that can grow tax-deferred. The money can be withdrawn free from federal tax if used to pay for college. Other states also provide state income tax benefits, but North Carolina currently does not. The bill would allow taxpayers to deduct from their taxable income up to $10,000 that is contributed to one of these 529 accounts, named for the section of the tax code that allows them. An amendment approved by the House would ensure that married couples filing their tax returns jointly could receive a deduction of as much as $20,000. The measure now goes to the Senate for consideration.
GROUPS VISITING THE LEGISLATURE THIS WEEK A group representing hundreds of advocacy groups, including Kieran Roe, Executive Director of Carolina Mountain Conservancy from my district, local governments and state notables visited the General Assembly on Wednesday in support of a proposed $1 billion bond issue this November for land preservation and park expansions. The Land for Tomorrow organization is backing identical pieces of legislation cosponsored by more than half of the Legislature's 170 members including myself. Bond proponents argue the state's growing population will make it more difficult to preserve the state's natural resources and historic landmarks. The measure would permit the state to issue general obligation bonds starting in 2007, phased in over at least three years. The proceeds would be given in the form of grants to four existing conservation trust funds. The group says the money would protect 740,000 acres, protect 6,000 miles of rivers and streams and restore 350 historic landmarks. Bond proponents include former Govs. Jim Hunt, Jim Martin and Jim Holshouser.
More than 100 veterans met with legislators on Wednesday, which was Flag Day, and were honored during session with a resolution that expressed profound appreciation and gratitude to past and present service members. North Carolina is home to more than 770,000 veterans and 90,000 military on active duty, including National Guard and reserve members.
Thursday, June 8, 2006
Legislators this week focused most of their time on finalizing the budget while also passing bills on several important issues such as protecting private property rights, special education, saving for college and campaign finance reform The Senate approved legislation to ban video poker and prohibit teenagers from using a cell phone while driving.
Please remember that you can listen to each day's session, committee meetings and press conferences on the General Assembly's website at www.ncleg.net. Once on the site, select “audio”, and then make your selection i.e. House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
BUDGET UPDATE House budget leaders spent this week finalizing the funding levels for education, health and human services, our courts and public safety programs, transportation and other budget items. The budget is expected to be printed this weekend and we will begin debate on the bill in committee on Tuesday morning with final passage by the full House later in the week. Once we pass our version of the budget for the coming fiscal year, which begins July 1, members of the House and Senate will begin negotiations in order to reach a final compromise.
VIDEO POKER BAN SIGNED INTO LAW Following last week's action by the House, the Senate approved legislation on Monday night to ban video poker. The Governor signed the bill into law on Tuesday. The legislation, which was supported by the North Carolina Sheriff's Association, requires current machine owners or businesses to downsize from the current maximum of three machines to two machines by October 1, 2006, and from two machines to one machine by March 1, 2007. A complete ban of the machines will take effect on July 1, 2007. The phase out of video poker will allow the more than 1,700 current employees in the industry to find new jobs while ridding the state of the controversial games.
HOUSE APPROVES SPECIAL EDUCATION BILL The House approved legislation (HB 1908) on Tuesday that virtually re-writes the special education laws currently addressing the education and testing of exceptional children. Reps. Rick Glazier (D-Cumberland), Jean Farmer-Butterfield (D-Wilson), Laura Wiley (R-Guilford) and Jean Preston (R-Carteret) sponsored the groundbreaking legislation which was created out of a necessity for state language to comply with Federal regulations and language, but went far beyond those requirements to ensure children with special needs receive a better education. A resolution was also passed to further encourage Congress to pass the new changes Individuals with Disabilities Education Act (IDEA) regulations and to give local school systems sufficient time to implement the final regulations.
North Carolina has had a statewide testing program in reading and mathematics since the 1992-93 school year. However, the Individuals with Disabilities Education Act (IDEA) and the subsequent passage of No Child Left Behind have caused changes to occur in the statewide testing program.
TEENAGERS AND CELL PHONES The Senate approved legislation this week to prohibit teenagers from using their cell phones while driving. Sen. Stan Bingham, R-Davidson, the sponsor of SB 1289 said the bill “will save lives.” Motor vehicle accidents are the leading cause of death for North Carolina teens ages 15-17. Motorists who use mobile devices are four times more likely to be involved in a crash that would require a hospital visit, according to a study in a British medical journal last year. Along with a $25 fine, the bill would extend a driver's graduated license for six months. There would be no additional insurance points for an infraction. Teenagers have an exception to use the phone in emergency situations, and lawmakers are considering relief for teens who answer calls from their parents. A hands-free device is not protected from the crackdown.
The bill is supported by motorist group AAA Carolinas, the governor's office and the North Carolina Child Fatality Task Force. Eleven states and the District of Columbia have already banned mobile phone use for some teen drivers.
KINDERGARTEN START House members voted Tuesday to consider a bill that would change the age requirement for children entering kindergarten. The House agreed to a resolution (HJR 2515) that would allow the General Assembly to examine this year a bill that would require entering kindergartners to turn 5 by August 21 instead of October 16 to enter school. North Carolina has the latest cutoff date in the Southeast. Parents could still petition to have their young children accepted early. Since some parents hold children back a year from entering school, bill supporters say the current cutoff date creates a situation where children from age 4 to 6 are all in the same classroom. Bill sponsor Rep. Dale Folwell, R-Forsyth, said that could lead later in life to school dropouts and uneven test scores. Any change would not take effect until 2008. The bill is far from approval. Lawmakers in the Senate must also authorize a resolution to consider the legislation, which normally would not be eligible for debate during the short session. Once both chambers approve the resolution, then the bill would have to survive committee debate, votes by the House and Senate, and the governor's signature.
PROTECTING PRIVATE PROPERTY RIGHTS--EMINIENT DOMAIN The state House unanimously approved legislation Tuesday that prohibits local governments from using condemnation procedures to take land for economic development purposes. The bill (HB 1965), which was approved 116-0 on Tuesday, would repeal at least nine limited uses of condemnation for economic development granted to local governments by previous legislatures. It would only allow eminent domain to be used under circumstances already prescribed by law - - the construction of government buildings and roads, easements for railroads, creation of parks and the building of water and sewer lines. A House study committee, which was chaired by Reps. Bruce Goforth (D-Buncombe) and Wilma Sherrill (R-Buncombe), met earlier this year to examine the state's eminent domain laws in response to U.S. Supreme Court decision last year. The high court ruling allowed the town of New London, Conn., to take houses on property that would be used for a hotel and convention center. The authorizing resolution now goes to the Senate for debate.
INCENTIVES TO SAVE FOR COLLEGE The House gave initial approval to legislation (HB 770) on Wednesday that would allow contributions to North Carolina's “529” college savings plan to be tax deductible annually up to $10,000. The plan, similar to those in other states, lets investors set aside money that can grow tax-deferred. The money can be withdrawn free from federal tax if used to pay for college. Other states also provide additional state income tax benefits, but North Carolina currently does not. The bill would allow taxpayers to deduct from their taxable income up to $10,000 that is contributed to one of these 529 accounts, named for the section of the tax code that allows them. Final passage of the bill is expected on Monday night, and then it will move over to the Senate for consideration.
CAMPAIGN FINANCE REFORM The House agreed to place more restrictions on campaign donations made in cash and to require the disclosure of the names of some people who contribute smaller amounts. The measure (HB 1846) would cut by half the maximum cash contribution that a candidate can accept, from $100 to $50. Campaign treasurers also would have to disclose the identity of people who make contributions by money order of more than $50, down from the current rules of at least $100. Otherwise, identities are required when a contributor has given a cumulative $100 in any two-year election cycle. The measure, approved by an initial vote of 109-5 on Wednesday, will be up for final passage on Monday and then will be considered by the Senate. The bill is one of 10 recommended by the House Select Committee on Ethics and Governmental Reform, which met before the legislative session began last month. I was a member of the Select Committee.
METH BILL REDUCING CRIME Legislation passed last year by the General Assembly to reduce the number of meth labs in North Carolina is already having a positive effect across our state. The new law requires anyone who buys cold tablets containing pseudoephedrine and ephedrine, such as Sudafed, to show a photo ID at a store counter and sign a log. State authorities last month found the fewest number of meth labs since December 2003. Agents with the State Bureau of Investigation busted 11 meth labs in May, a 69 percent drop from the 35 labs discovered in May 2005, said Attorney General Roy Cooper. State officials said agents have busted 112 labs from the date the law took effect on Jan. 15 through May 31. They found 172 labs for the same period last year.
GROUPS VISITING THE LEGISLATURE THIS WEEK Wednesday was Food Bank Day and I was glad to visit with Manna Food Bank Staff.
The North Carolina League of Municipalities also held their annual “Town Hall Day” at the General Assembly. I had the opportunity to meet with Mayor Terry Bellamy, City Council members Brownie Newman and Robin Cape, as well as City Manager Gary Jackson and City Attorney Bob Oast.
UNC system President Erskine Bowles led a contingent of university notables who sat in the gallery of the House and Senate on Wednesday afternoon. Many of the 16 chancellors and members of the UNC Board of Governors also visited the Legislative Building. The newest of the UNC Chancellors, our own Anne Ponder from UNC-Asheville, was in Raleigh with members of her staff to meet with the Buncombe delegation
Thursday, May 18, 2006
Week #2 in Raleigh proved to be another busy one on numerous fronts. House members continued to work on legislation to bring more openness and transparency to our state government by reforming and strengthening our state’s ethics, lobbying and campaign finance laws. Members of the House Appropriations Committee are continuing their work on the state budget as Senators try to finalize their spending plan, possibly next week. Legislators were busy again this week drafting and introducing new legislation on topics including the new education lottery, increasing the minimum wage, increasing competition among cable providers, economic development programs, health care and the state’s nursing shortage, and many others. I have also introduced legislation that will provide funding to Western Carolinians for Criminal Justice for the Women at Risk Program, as well as a bill to provide new helicopters for law enforcement and rescue operations around the State including Asheville.
STRENGTHENING LEGISLATIVE & EXECUTIVE BRANCH ETHICS House members approved legislation this week that strengthen the ethics laws for legislators, the Governor, Council of State members, other executive branch officials, leaders of the University of North Carolina system and community colleges, and all voting members of all state boards and commissions. The two bills were recommended by the House Select Committee on Ethics and Governmental Reform, which has been working to improve our state’s ethics, lobbying and campaign finance laws. The measure would bar lawmakers and executive branch officials from accepting nearly all gifts from lobbyists and their principals, make it a felony to lie on their economic disclosure statements, and require ethics training for General Assembly members when they take office. The two pieces of legislation now go to the Senate for consideration. A House Judiciary Committee continues to make progress on eight other pieces of legislation dealing with these issues that will be before the full House for debate in the coming weeks. ENSURING ALL LOTTERY PROCEEDS GO TO EDUCATION Close to 20 House Democrats attended a news conference on Wednesday morning to tout two bills they say will ensure that schools get as much money as possible from the new North Carolina Education Lottery. One measure (HB 1991, Tax on Lottery Winnings/Community College Equipment) would use the 7 percent withheld for state taxes from lottery winnings of $600 or more to buy equipment for community colleges. Bill sponsors Reps. Doug Yongue (D-Scotland), Joe Tolson (D-Edgecombe) and Maggie Jeffus (D-Guilford) said those withholdings could reach $15 million to $25 million annually. I am co-sponsor of another proposal (HB 2212, Lottery Oversight Committee) which would create a new lottery oversight board made up of legislators, educators and other public citizens to ensure that all lottery proceeds are used for education. Bill sponsors Reps. Bernard Allen (D-Wake), Hugh Holliman (D-Davidson), Pricey Harrison (D-Guilford) and Bill Owens (D-Pasquotank) said the board will keep a close eye on education spending and will ensure that all lottery proceeds are dedicated to early childhood education, reducing class size, school construction, and college scholarships as the Legislature intended. PUSH TO INCREASE NORTH CAROLINA’S MINIMUM WAGE CONTINUES I attended a rally on Monday afternoon led by Rep. Alma Adams (D-Guilford), former U.S. Sen. John Edwards and State Treasurer Richard Moore to promote an increase in the state’s minimum wage. The rally, which was held in front of the legislative building in Raleigh, was in support of a bill to raise the state minimum wage from $5.15 to $6.15 an hour. Adams has advocated a minimum-wage increase for years and achieved success last year when the House passed legislation to increase the wage to $6 per hour.
Over half the states in the nation, including North Carolina, abide by the federal minimum wage of $5.15 per hour. The national rate was last increased in 1997. Workers making $5.15 an hour earn about $800 a month or $10,700 a year. An extra dollar an hour would add up to an extra $2,000 a year.
The current minimum wage is simply unjust, said Adams. It’s not enough to pay for basic necessities.
About 100,000 workers in North Carolina 3 percent of the workforce make less than $6 an hour, according to State Treasurer Richard Moore, who spoke at the rally. Minimum wage earners bring in about $893 each month. Twenty states and the District of Columbia have now raised the minimum wage above the federal level. Recently, Arkansas raised its minimum wage more than a dollar to $6.25 an hour. EXPANDING BIOTECHNOLOGY IN NORTH CAROLINA Dole Food Co. owner David Murdock, University of North Carolina President Erskine Bowles and North Carolina Community Colleges President Martin Lancaster urged lawmakers on Tuesday to get behind a proposed $1 billion biotechnology center in Kannapolis on the old Pillowtex Corp. site. Murdock has established a $100 million venture capital fund to attract biotech firms to the campus and has pledged to put $150 million into a nonprofit foundation to run the research lab there. Researchers from UNC-Chapel Hill, N.C. State University and Duke University plan to work on the campus. The committee members also heard from representatives of the nonprofit group behind the Piedmont Triad Research Park in Winston-Salem and the viticulture department at Surry Community College. COUNTY COMMISSIONERS VISIT LEGISLATURE On Wednesday, the North Carolina Association of County Commissioners had their annual County Assembly Day at the legislature. County Commissioners from across the state walked the halls of the legislature, visited with House and Senate members, and attended committee meetings to convey their legislative priorities to the General Assembly. I met with Commissioners Young and Stanley along with County Manager Greene.
ounty commissioners continue to ask the state to provide Medicaid relief to the counties, which have seen dramatic increases in Medicaid recipients and resulting budget problems in recent years. Specifically, their goal is to cap county Medicaid costs at current levels, target additional relief to counties disproportionately affected by Medicaid costs, and to eventually permanently phase out counties in Medicaid participation.
Several bills have already been filed this session in the House to provide Medicaid relief and I plan to continue to push this issue with my colleagues. Thursday, May 11, 2006
The 2006 short session of the N.C. General Assembly began on Tuesday at noon and legislators hit the ground running. Two questions are already being asked in Raleigh: how long will the session
last and what will you accomplish? It is my hope that we can work
together in a bipartisan way in order to get the people’s business done
in a timely manner, and if that happens, I believe we can adjourn for the year
in early to mid-July. AGENDA FOR THE SHORT
SESSION On the first day of the session I was
surprised to see my photo on the front page of the Raleigh News and
Observer. Here’s a link to the story. http://www.newsobserver.com/1223/story/437557.html My colleagues in the House Democratic Caucus
and I held a press conference Tuesday morning to announce our agenda for the
short session. Our five-part Plan for a Secure Future callson the Legislature to:
1. Provide the opportunity of a
lifetime – a quality education; 2. Create jobs that create strong,
healthy and more prosperous families; 3. Insure our future by insuring the
health and safety of our citizens; 4. Take action when the President and
Congress won’t; and 5. Give people confidence in a government
that works for them. I believe that investing in education is
the most important thing we can do for our people and our economy, and that
remains my #1 priority. I will work to substantially increase teacher
pay, provide more money for education than ever before, and make sure lottery
proceeds are ONLY spent on education. I believe that our workers must make good
wages and have health care benefits, and I will work to increase our
state’s minimum wage and give state employees a long deserved pay raise.
And, I believe that we should cap our state’s gas tax to give consumers
some relief at the pump. We must also demand the President and Congress
take action to rein in the billions and billions of dollars in profits that the
big oil and gas companies continue to rake in at our expense. THE LEGISLATIVE WORK
AHEAD Although we’ve only been in Raleigh
for a few days, legislators already have a long “to-do” list
– and it keeps growing by the day. As always during the short
session, our biggest task will be passing the budget for the coming year.
There are several stages in the budget process that will play out between now
and the start of the new fiscal year on July 1. The Governor announced
his budget plan on Tuesday, the Senate is expected to pass its spending plan
prior to Memorial Day, and then the House will pass its version. After
that, members of the House and Senate will work out the differences between the
two spending plans and we will pass a final budget that sets funding levels for
our schools, law enforcement, local and state governments, salaries for
teachers and state employees, etc. Legislators received some good news
recently – we won’t have to deal with a budget shortfall for the
first time since the late 1990s; however, we still have enormous demands to
meet and we will be faced with some difficult choices. We will have to
find the resources to deal with the approximately 30,000 new students at our
schools and desperate need for thousands of new teachers, more cars on our roads,
and soaring health care costs. Stay tuned for more updates in the coming
weeks as we make progress on the budget. We will also introduce legislation based
on the work of the many study committees that have been meeting since last
fall.As you know, I served on the House Select Committee on Health Care, which has produced numerous pieces of
legislation that will help us reduce the number of uninsured people in our state, offer a tax credit to small businesses that offer health insurance to
their employees, and reform our mental health system. Just today two bills from this study were
introduced: HB 1894 would institute a Health Care System Study Commission to
look at ways to get coverage to all our citizens, and HB 1895 would establish a High Risk Health Insurance Pool. I
am a co-sponsor of these bills as well as others from the Committee that you
will hear about later. I also served on the House Select Committee on Ethics
and Government Reform and there are a number of bills introduced that will look at the following issues: ·
See HB
1843 Revise Legislative Ethics Act 1 ·
HB
1844 Executive Branch
Ethics Act – 1 ·
HB 1845
Permitted Use of Campaign
Funds ·
HB 1846
Contribution Changes ·
HB
1847 Treasurer Training ·
HB 1848
No Blank Contribution Checks ·
HB1849
Lobby Reforms 2006 ·
HB
1850 Strengthening
Electioneering Communications ·
HB
1851 Legislative
Campaigns Pilot Other legislation I also plan to
support is to increase our state's minimum wage from $5.15 to $6.15 per hour, give our
hard working teachers and state employees a seven percent pay raise, and
protect our children from child predators. Designed by Micah Lee Designs
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Representative Susan Fisher's Reports from Raleigh
So far the following bills have been
introduced from the work in this committee.