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,
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.