July 30, 2007

George Reed, Editor

 

The End Is Near

 


Legislative leaders have targeted this coming Thursday, August 2, for adjournment from this year’s long session of the General Assembly. The conference committee on the budget has reached an agreement which was accepted on second reading by the House and Senate on Saturday and is expected to receive third reading approval today.

 

The General Assembly will adopt the rules governing what bills will be considered next year as part of the adjournment resolution. Typically, the short session takes up bills 1) affecting the budget, 2) adopted by one house this year and not defeated in the other, 3) amending the constitution, 4) recommended by study commissions which will be meeting in the interim, or 5) containing certain other noncontroversial matters.


 

Current Status

 


As adjournment nears, there has been a flurry of activity on a host of bills being covered by Raleigh Report. And the upcoming week promises to be equally as full. To monitor the latest status reports on bills still under consideration, go to the General Assembly’s website, www.ncleg.net, and use “Find Bills by Number” on the right side of the homepage.

 

Status updates as of this writing:

 

S 3, Promote Renewable Energy/Baseload Generation, has been re-referred to House Finance. It was amended in the House Energy and Energy Efficiency Committee to 1) require a biomass combustion process generating electricity to meet standards set by the Environmental Management Commission, 2) require those producing electricity from renewable sources to meet federal and state environmental laws and rules, and 3) permit the construction of a new coal or nuclear plant only if the Utilities Commission finds that alternate sources of energy are not more cost-effective and reliable.

 

S 353, Presidential Electors by District, has passed second reading in the House.

 

S 488, Carrboro Campaign Regulation, had been on the House calendar for floor action but has now been re-referred to the House Election Law Comm.

 

S 668, Energy Conservation in State Buildings, has been passed by the Senate and House and will be returned to the Senate for concurrence in minimal changes made in the House. It had been amended in the Senate to eliminate smaller construction projects (under 20,000 square feet), move away from requiring compliance with nationwide LEED standards (while requiring percentage improvements in energy efficiency for new and renovated buildings), eliminate the prohibition on use of drinkable water for irrigation (while requiring the use of less drinkable water overall), and deleting the requirements for major renovations involving water systems. Energy audits would still be required, but every five years, not three. The Senate also deleted all appropriations and made the effective date of the bill contingent on funding being provided during this legislative session.

 

S 1079, Protections for Victims of Human Trafficking, has been re-referred to the Senate Appropriations Committee.

 

S 1086, Tobacco Free Schools, has been signed into law.

 

S 1465, Swine Farm Environmental Performance Standards, has been ratified. It now goes to the Governor for his signature. One House change will permit the replacement of a lagoon if the lagoon is an imminent hazard and can’t be repaired. The bill also sets up a pilot program, open to as many as 50 hog farms, to capture methane gas from lagoons and use it to generate electricity.

 

S 1466, Migrant Housing Health/Study, awaits the Governor’s signature.

 

H 9, School Capital Fund Formula/Lottery Proceeds, is in the Senate Appropriations Comm.

 

H 14, Homebound Instruction for Disabled Students, awaits the Governor’s signature.

 

H 17, Study Services for Students with Disabilities in High School, awaits the Governor’s signature.

 

H 20, Homebound Instruction Standards, awaits the Governor’s signature.

 

H 91, Registration and Voting at One-Stop Sites, has been signed into law.

 

H 183, Ban Cell Phone Use by School Bus Drivers, has been signed into law.

 

H 265, Establish Health Insurance Risk Pool, has been amended by a Senate committee and is now in the Senate Appropriations Comm. The most significant change is that the high-risk pool would no longer be funded by a surcharge on insurance companies based on how many people they were insuring (which could have been up to $2 per member per month). Rather, funding needed to augment premiums paid by the individuals in the high-risk pool would come from 1) a General Fund appropriation of $21.2 million per year, made possible by the repeal of a tax credit for small businesses providing health insurance to their employees, 2) $5 million from the Health and Wellness Trust Fund and 3) a $1.50 per member per year surcharge on the state employees insurance plan (exactly the sort of surcharge on private insurers that the Senate removed from the high-risk plan).

 

H 291, Sudan (Darfur) Divestment Act, has been passed by the Senate and returned to the House for concurrence.

 

H 296, Sterilization Compensation Study, has been passed by the House. Originally a bill to actually provide compensation, it would now only study the issue. The bill is now in the Senate Health Care Comm.

 

H 445, Access to Information for Adult Adoptees, has been signed into law.

 

H 653, Cap Variable Rate of the Gasoline Excise Tax, has been re-referred to House Finance.

 

H 898, Expunge Nonviolent Felony/Youthful Offender, has been passed by the House and is in Senate Finance. It was amended to extend the list of crimes for which expungement is not available to include cross burning, placing exhibits with the intent to intimidate, wearing a mask or hood with the intent to intimidate, felony hate crimes, possession of heroin or cocaine with intent to sell, contaminating food or drink with a controlled substance, and stalking.

 

H 964, Expand Definition of Home Care Services, has been amended in the House Finance Committee so that it no longer affects congregations providing volunteer, non-medical services in the homes of church members or others in the community. The bill is designed to require licensure (and provide accompanying protection for clients) of for-profit companies now providing respite services, sitter services, and homemaking services for people who are elderly and/or with disabilities. Inadvertently, the bill could also have been applied to congregations matching up volunteers with those in the congregation or in the wider community who needed these kinds of non-medical help. An amendment now makes clear that congregations (and other organizations providing similar volunteer services) will not have to be licensed by the state in order to continue doing this important ministry. As amended, H 964 has been passed by the House and is now in Senate Health Care.

 

H 1097, Local Energy Efficiency Incentives, has been signed into law.

 

H 1294, No Smoking/LTC Facilities, has gone to a conference committee. It was amended by the Senate to remove state psychiatric hospitals from the smoking ban and to clarify that a violation of the ban is a civil offense only, not a crime. The House refused to concur in those changes.

 

H 1432, Political Party Campaign Fundraising Study, takes a bill which would have actually limited such fundraising and turns it into a bill authorizing (not requiring) a legislative study. As amended, it has been re-referred to the House Rules Committee.

 

H 1517, Voter-Owned Elections Pilot, has been passed by the House. The vote on second reading was 53-52, with Speaker Hackney casting the tie-breaking vote.

 

H 1550, Education Assistance for Minimum Wage Workers, is on the House calendar for floor action.

 

H 1777, Recovery of Certain Consumer Computers/TV’s, now contains many of the provisions of S 1553. (See RR, April 7.) As amended, H 1777 has been re-referred to House Finance. In addition, similar provisions regarding discarded computer equipment have been added to S 1492, Solid Waste Management Act of 2007, which is on the House calendar for floor action.

 

H 1828, Strengthen Judicial Fund, started as a bill to regulate “527 groups,” those entities which promote TV ads praising or criticizing candidates, but which have escaped Federal Election Commission regulation because the ads don’t actually ask you to support or oppose those candidates. H 1828 has now been changed to remove regulation of 527s but instead to provide additional public funding for state judicial candidates who are the targets of “electioneering communications,” which typically include 527 ads. It is in the House Appropriations Comm.

 

H 1837, Stem Cell Research Health & Wellness Act, has been passed by the House and will go to the Senate. It has been amended to delete the appropriation for grants to nonprofits. Instead, the Health and Wellness Trust Fund Commission is to use its funds to create a committee to establish guidelines for grants to nonprofits conducting stem cell research in NC. No grants may be approved until the General Assembly approves the guidelines.