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Q: Another issue of Raleigh Report already? Didn’t we just get one?

A: Yes, you did. Because of the overwhelming number of introduced bills, the last issue, long as it was, didn’t bring you up to date on new bills or catch you up on the status of introduced bills. So, you are getting a bonus issue. Or maybe it should be called a catch-up issue

Q: Why are there so many new bills right now?

A: In an effort to move the session along, the General Assembly sets for itself several deadlines on the introduction of bills. The Senate’s deadline on all new bills has now passed, as has the House’s deadline on the introduction of bills coming from study commissions and state agencies.

Q: Why do you cover so many bills on so many issues?

A: First, the broad issues (care of creation, criminal justice, human rights, health care, etc.) are all ones with which the NC Council of Churches is involved, and there are people in the RR network for whom each of these issues is their most important issue.

Second, if you take the time to at least scan through the issues which are not most important to you, it will give you a better picture of the scope of issues the state is involved with and a better appreciation for the complex job of being a state legislator.

Q: It can be overwhelming. What’s a person to do?

A: If you have already narrowed your focus, you know which issues are most important to you. Within those important issues, you must decide which bills are most important for you to work on. Which ones seem to provide the best solutions to “your” issues? Which ones are moving through the process? Which ones will your senator and representative have the most influence with (either as the bill sponsor or as a member of the committee with jurisdiction over the bill)?

If you haven’t narrowed your focus, and all or many of these issues are very important to you, I feel your pain! All I can suggest, assuming that you don’t have unlimited time, is that you force yourself to select a limited number of issues to work on, and then proceed to select the most crucial bills.

Q: What is most critical right now?

A: Legislation limiting smoking in public places is under strong attack from those who think they will be hurt financially and by those whose philosophy is that government shouldn’t tell people what they can do or where they can do it. Of course, this latter argument was more persuasive before we knew how much damage secondhand smoke does to others who are exposed to it, often without choice. See H 259, in Updates, below.

H 341, the bill calling for a proportionality review of death penalty cases, is scheduled for a vote in the House in a little more than a week.

Leaders in the House and Senate have signaled that they don’t want as much increase in spending in the state budget as the governor has recommended. If that decision holds, it means that many of the good and important funding bills that you are reading about will die for lack of money. Communicate with your legislators that you think it is important for the state to raise adequate revenue to support programs helping vulnerable people.

Q: Are there other deadlines ahead?

A: Yes. The House deadline on all non-money bills (i.e., neither spending nor taxes/fees) is April 18; the deadline for the introduction of money bills in the House will be on May 9.

The other important date for this session is Crossover Day, which will be on May 17 this year. By this date, all non-money bills must have passed one house and “crossed over” to the other house in order to be eligible for further consideration during this General Assembly. During the two weeks leading up to Crossover Day, there will almost certainly be a flurry of activity, including extra committee meetings and sessions into the night.

Q: So, would you get on with the new bills already?

A: Yes.

CAMPAIGN AND ELECTION LAWS

S 1535, Legislative Reform Omnibus, would bring together the following constitutional changes, which are similar to proposals found in several separate bills:

· Four-year terms for state legislators, beginning in 2008. (An earlier bill would start the four-year terms in 2010, when neither gubernatorial nor presidential elections are on the ballot.)

· Limit the Speaker of the House and President Pro Tem of the Senate to four two-year terms, with their elections taking place at the beginning of and halfway through the new four-year legislative terms. (An earlier bill would have limited them to two two-year terms.)

· Provide for a brief organizational meeting of the General Assembly in December following elections in November. (An earlier bill would put the organizational meeting in early January.)

· Limit session length to 90 days for the long session and 45 days for the short session, with a one-time-per-session extension of up to 10 days.

· Create a study commission to look at legislative compensation (not a constitutional amendment).

Introduced by Sen. Graham; referred to Senate Ways & Means Comm.

H 1020, Rights of Ex-Offenders, would require the state to set up an educational program to inform felons that, upon completion of their sentence and restoration of their citizenship, they can register and vote once again. Introduced by Rep. Pierce; referred to House Judiciary II.

CRIMINAL JUSTICE/JUVENILE JUSTICE

S 1440/H 1032, Access to Justice Funds, would allocate $8.5 million to increase the hourly rate paid to defense attorneys representing indigent clients. The rate is currently $65, which the bills state is barely enough to cover an attorney’s overhead expenses. Introduced by Sen. Snow and Reps. Bordsen and Love; referred to Senate and House Appropriations Comms.

S 1499, DOC Reentry Funds, would allocate $500,000 for grants to local communities to help with effective reentry of prisoners back into the community. It would allocate an additional $200,000 to increase access to substance abuse services in the prison system. And it would call for a study by the Department of Correction of ways to increase inmates’ access to education and vocational training and to increase participation in work release programs. Introduced by Sen. Atwater; referred to Senate Appropriations Comm.

S 1542, Plan to Eliminate Mandatory Minimum Sentences, would require a review of the current structured sentencing system and elimination of mandatory minimum sentences. Introduced by Sen. Shaw; referred to Senate Rules Comm.

DEATH PENALTY

H 1291, NC Racial Justice Act, would prohibit the imposition of a death sentence that was obtained on the basis of race. Evidence of racial bias could include statistical data showing that the death penalty was sought significantly more frequently for defendants of one race than another or more often when the victim is of one race than others. Introduced by Reps. Womble, Parmon; referred to House Judiciary II Comm.

CARE OF CREATION

S 1553, Recycling Discarded Computer Equipment, would prohibit dumping discarded computer equipment in landfills or incinerating them. Instead it would place greater responsibility on manufacturers to facilitate and help pay for the recycling of their products. All manufacturers of computers sold in NC would have to register and pay a fee, which would help to cover the costs of the recycling program. Introduced by Sen. Cowell; referred to Senate Commerce Comm.

H 1052, Hog Farms/Methane Gas, would require electric power companies to buy electricity from pilot projects using hog waste to produce electricity. For the first seven years that a hog farm facility was operating, the power companies would have to pay up to 18¢ per kilowatt hour, about double what consumers currently pay, and the power companies would be able to pass the extra costs along to consumers as fuel costs. Introduced by Rep. Tucker; referred to Energy/Energy Efficiency.

H 1115, Swine Farm Environmental Performance Standards, would allocate $10 million in each year of the biennium to be used as grants to encourage hog farms to convert to innovative technologies. Introduced by Reps. Justice, Lucas, McComas, Carney; referred to House Environment and NR Comm.

H 1264, Cost Sharing Tied to Energy at Swine Farms, would allocate $10 million to assist hog farms which use waste management systems that reduce the emission of greenhouse gases or produce power to be used at the farm or sold into the power grid. Introduced by Rep. Tucker; referred to House Environment and NR Comm.

GUN VIOLENCE

H 1287, Report Denial of Some Pistol Permits, would require that the denial of a license or permit to purchase a pistol be reported to the SBI and entered into a database accessible to sheriffs statewide. This would discourage sheriff-shopping by potential gun purchasers and make it harder for those not legally qualified to get guns. Introduced by Reps. Sutton, Jeffus, Harrison; referred to House Judiciary III Comm.

HEALTH CARE

H 1178, Cities/Regulate Smoking, would allow all cities with populations of more than 235,000 to enact local ordinances restricting smoking. Introduced by Rep. Harrison; referred to House Judiciary I Comm.

H 1236, Limit Excessive NPO Corporation Compensation, would prohibit officers or executives of a corporation operating a nonprofit hospital and medical service plan from receiving excessive compensation, as determined by the Commissioner of Insurance. The bill applies only to hospital or medical plans with 2 million or more members. (While the words “Blue Cross Blue Shield” do not appear in this bill, that nonprofit would fit the bill’s description, and its executive salaries have recently been in the news.) Introduced by Rep. Allred; referred to House Insurance Comm.

H 1249, Airport Authority/No Smoking, would allow an airport located in a county with a population in excess of 600,000 to be smoke free. Introduced by Rep. Hall; referred to House Ways & Means Comm.

H 1294, No Smoking/LTC Facilities, would prohibit any smoking inside long-term care facilities. Introduced by Reps. Howard and Justice; referred to House Aging.

HUMAN RIGHTS

S 1534, Nondiscrimination in State Employment, would clarify that the personnel policies of the General Assembly prohibit discrimination on the basis of race, religion, color, national origin, age, sex, sexual orientation, or disability. In addition, sexual orientation would be added to the provision requiring equal employment opportunity with state and local governments. Introduced by Sen. Albertson; referred to Senate Judiciary I Comm.

S 1557, Apologize for Slavery, expresses “profound regret . . . for the history of wrongs inflicted upon black citizens by means of slavery, exploitation, and legalized racial segregation.” It also calls on “all citizens to take part in acts of racial reconciliation.” Introduced by Sen. Rand, it has already been passed by the Senate. A similar bill, H 1311, has been introduced by Reps. Womble and Parmon and is in House Rules.

TAXES

S 1547, Income Tax Modernization, would implement some of the recommendations of a study commission on taxation. Specifically it would:

· Use adjusted gross income (instead of taxable income) from federal income tax as the starting point for calculating NC taxable income.

· Provide a $2,000 personal exemption for taxpayers in the lowest income bracket, $1,200 for middle income bracket, and $500 for the top income bracket.

· Change the threshold for the middle income bracket from $21,250 up to $40,000 and for the top income bracket from $100,000 down to $80,000.

· Reduce income tax brackets from 6%, 7%, and 7.75% to 4.5%, 5.5%, and 7%.

Introduced by Sen. Hoyle; referred to Senate Finance.

H 1317, One-Cent Local Option Sales Tax, would authorize counties to hold local option elections and, if approved by voters, to add a one-cent local sales tax for public school buildings, community college buildings, other infrastructure needs, road construction, and mental health programs. Introduced by Rep. E. Warren; referred to House Finance Comm.

OTHER NEW BILLS

S 1487/H 1261, Increase Legislative Tuition Grants, would allocate $13.5 million to increase the state’s grant to NC students enrolled in private colleges and universities. Introduced by Sen. Swindell and Rep. Tolson; referred to Senate and House Appropriations.

S 1496, Open Ethics Hearings/No Lobbying Solicitation, would close some loopholes which remained after last year’s tightening of lobbying and ethics laws. Specifically:

· The Legislative Ethics Committee would no longer be exempt from the Open Meetings Law.

· Lobbyists would no longer be able to solicit or deliver campaign contributions to candidates. (Last year’s law prohibits them from making campaign contributions themselves, but not from collecting contributions from others.)

· State ethics complaints and investigations would be open to the public, though deliberations by the Legislative Ethics Committee and the state Ethics Commission could still be in closed session.

Introduced by Sen. Phil Berger; referred to Senate Government and Election Reform Comm.

S 1543, Collective Bargaining for Government Workers, would repeal state law 95-98, which makes it illegal for public employees to engage in collective bargaining with their employers. While the bill would authorize collective bargaining by public employees, it would prohibit them from striking. Introduced by Sen. Shaw; referred to Senate Rules Comm.

H 1323, Repeal Cohabitation Law. Current law, under the heading “Fornication and adultery,” makes it a misdemeanor for two people not married to each other to “bed and cohabit together.” H 1323 would repeal this law. Introduced by Rep. Wright; referred to House Judiciary II.

IDENTICAL/SIMILAR TO EARLIER BILLS

S 1503, Abolish Alienation of Affection and Criminal Conversation, is virtually identical to H 681. See Raleigh Report, March 30. Introduced by Sen. Kinnaird; referred to Senate Judiciary I Comm.

H 1022, Funds/Birth Defects Monitoring, is identical to S 520. See Raleigh Report, March 16. Introduced by Rep. England; referred to House Appropriations.

H 1026, Cigarette Tax – Cancer Center, is identical to S 1208. See Raleigh Report, March 30. Introduced by Rep. Holliman; referred to House Finance.

H 1044, Work Opportunity Tax Credit, is virtually identical to S 145. See Raleigh Report, March 30. Introduced by Reps. Wainwright & Pierce; referred to House Judiciary III Comm.

H 1075, Energy Conservation in State Buildings, is identical to S 668. See Raleigh Report, March 16. Introduced by Rep. Carney; referred to House Ways & Means Comm.

H 1097, Chapel Hill Energy Efficiency Incentives, is identical to S 539. See Raleigh Report, March 16. Introduced by Rep. Insko; referred to House Energy and Energy Efficiency Comm.

H 1167, Cancer Prevention & Treatment Act, is similar to S 1088, but without the allocation for the NC Breast and Cervical Cancer Program. (But see H 256 in Current Status, below.) For details of S 1088, see Raleigh Report, March 30. Introduced by Rep. Coleman; referred to House Appropriations Comm.

H 1179, Clean Cars Program/Funds, is identical to S 1307, except for the title. See Raleigh Report, March 30. Introduced by Rep. Harrison; referred to House Environment and NR Comm.

H 1187, Energy Devices that Use Renewable Resources, is identical to S 670. See Raleigh Report, March 16. Introduced by Rep. Fisher and Harrison; referred to House Energy and Energy Efficiency Comm.

H 1254, Swine Farm Environmental Performance, is identical to S 1465. See Raleigh Report, March 30. Introduced by Rep. Hill; referred to House Agriculture Comm.

S 164, Study Housing/Training Mentally Ill in ACH, has been passed by the Senate and is in House Aging.

S 229, Murder/Violation of Protective Order, has been amended so that it now adds these circumstances (i.e., violating a domestic violence protective order and murdering a person protected under that order) as an aggravating factor in the sentencing stage of the trial. The result is that the person could receive the death penalty, whereas the original version of S 229 would have given him life in prison without parole. As amended, the Senate has passed S 229.

H 9, School Capital Fund Formula/Lottery Proceeds, has been reported out of House Education “without prejudice” (i.e., neither favorably nor unfavorably) and has been referred to House Finance.

H 13, Alternative Programs/Students with Disabilities, has been re-referred to House Appropriations.

H 14, Homebound Instruction for Disabled Students, has been passed by the House and is in Senate Education.

H 15, Textbooks and Assignments on Short-Term Suspension, has been passed by the House and is in Senate Education.

H 20, Homebound Instruction Standards, has been passed by the House and is in Senate Education.

H 25, Funds for Healthy Carolinians, has been re-referred to House Appropriations.

H 42, Amend DV Laws/Homicide Reporting, has been passed by the House and Senate and awaits the Governor’s signature.

H 44, DV Orders/Repeat Violators, has been re-referred to House Appropriations.

H 46, DV Victims/Security, also awaits the Governor’s signature.

H 50, Justus-Warren Task Force Recommendations, has been re-referred to House Appropriations.

H 91, Registration and Voting at One-Stop Sites, has been passed by the House and is in Senate Government and Election Reform.

H 92, Medicaid Income Limits Level Study, has been passed by the House and is in Senate Appropriations.

H 150, Every Child Ready to Learn, has been passed by the House and is in Senate Education.

H 200, Funds to Address Infant Deaths, has been re-referred to House Appropriations.

H 256, Funds/Breast & Cervical Cancer Control, has been re-referred to House Appropriations.

H 259, Prohibit Smoking in Public and Work Places, had been on the House calendar for floor action, but has now been re-referred back to House Judiciary I. It was amended so that it now includes bars and other age-restricted alcohol sales places in the bill’s ban on smoking.

H 265, Establish High-Risk Pool, has been re-referred to House Appropriations.

H 291, Sudan (Darfur) Divestment Act, has been passed by the House.

H 335, Health Disparities Initiative, has been re-referred to House Appropriations.

H 336, Funds for Interpreter Services, has been re-referred to House Appropriations.

H 341, Proportionality Review, is scheduled for a House floor vote on April 19.

H 452, Dropout Study, has been re-referred to House Rules.

H 502, Repeal Chiropractic Special Provision, has been passed by the House.

H 526, Income Tax Credit – Energy Efficient Homes, has been re-referred to House Finance.

H 554, Assault Disabled Person/Institutional Setting, has been re-referred to House Appropriations.

H 573, Authorize Judge/Concealed Weapon in Court, has been re-referred to House Judiciary III.

H 760, UNC Smoke Free, has been re-referred to House Judiciary I.

H 915, Offer Sign Language in Schools & Colleges, has been passed by the House and is in Senate Education.