NC Weekly Legislative Update
Overview
Last week was a busy one at the North Carolina General Assembly. Important legislation was approved in the House and in the Senate, and negotiations on the state budget continued. The House approved a major economic development incentives package. The Senate approved an overhaul to the state purchase and contract laws and a variety of other proposals. Meanwhile, legislative leaders and chief budget writers are working to produce a compromise version of the state budget amidst doubts about federal funding that could cost the State $450 million. The action last week sets up a critical week this week as lawmakers push to finalize the state budget by June 30 and adjourn the 2010 session shortly thereafter. In other news, North Carolina will hold run-off elections in the second Primary on Tuesday.
Budget negotiations are close to producing a compromise between the House and Senate. Last week, budget conferees met and reported to chief negotiators on agreements reached between the House and the Senate. The top budget writers and legislative leaders then worked to produce the final targets for spending. A key unanswered question looms over the negotiations: will Congress enact legislation that is expected to bring $450 million in Medicaid funding to North Carolina? This question threatens to stall budget negotiations and the entire legislative session because lawmakers are content to pass a budget that assumes the funds are coming while Governor Perdue is quietly insisting on a bill that makes cuts if the money doesn’t come. Whether Governor Perdue will grow louder in her objections, or issue a veto threat, is not yet clear. For now, it appears that budget negotiations are on track and a bill will be approved before the end of the fiscal year on June 30.
On Thursday last week the House of Representatives approved legislation (House Bill 1973) containing package of significant economic development incentives. House Bill 1973 contains provisions that extend tax credits for growing businesses, modify the film incentive tax credit, and amending economic development laws to attract to North Carolina two computer data centers, a turbine manufacturer and a wood pulp to paper factory. Estimates show that these and other proposed tax benefits included in the bill would cost the State roughly $300 million in forgone tax revenue over the next five years. The total cost and the provisions related to film credits were criticized sharply during the House debate on the bill. The legislation was ultimately approved by a vote of 76-28, with progressive Democratic members and conservative Republicans voting against and a bipartisan coalition of House legislators supporting passage. A final House vote on the bill is scheduled for Monday.
In other action, the House advanced a number of important legislative proposals. In a unanimous vote, the House approved legislation (House Bill 1429) that would extend the authority for the Commissioner of Insurance to waive the minimum policyholders position requirement for mortgage guaranty insurers. House Bill 1429 now heads to Governor Perdue’s desk. The House also advanced a pair of bills (House Bill 1746 and 1747) related to water resource planning. A study commission recommended these bills after completing work prior to the legislative session.
Also in the House last week, lawmakers unanimously approved a resolution (House Joint Resolution 1907) that would confirm the appointment of former Representative Lucy Allen as a member of the State Utilities Commission. Representative Allen was appointed to the Commission before the current legislative session began and has already begun work pending her formal confirmation. During her legislative career, Representative Allen chaired the House Environment Committee and was a champion for local governments. Prior to being elected to the House, Mrs. Allen was the Mayor of Louisburg, NC and was President of the NC League of Municipalities.
Last week the Senate was also working on economic development incentive laws. The Senate approved legislation (Senate Bill 1215) that would streamline the reporting requirements for economic development incentives and repeal tax credits that were enacted but are no longer used.
In other action, the Senate approved legislation (Senate Bill 1213) that makes significant changes to the State Purchase and Contract laws. The Purchase and Contract laws detail the process of soliciting and reviewing bids from outside contractors and ultimately how the bids are awarded and overseen. Senate Bill 1213 would enact new authority for the Secretary of Administration to oversee contracts, require the Attorney General to review certain contracts and prohibit the use of cost plus percentage of cost contracts. Senate Bill 1213 passed the Senate on the first of two votes last week.
Outside of the legislative building, voting in the runoff for primary elections is coming to an end on Tuesday. North Carolina voters in the Democratic Primary will decide between Cal Cunningham and Elaine Marshall in the contest to be the nominee facing US Senator Richard Burr. 2010 is Burr’s first reelection effort to hold a US Senate seat he won in 2004. Voters in the Republican Primary will choose nominees in several Congressional districts that went to runoffs. Also, Cumberland County voters in North Carolina Senate District 21 are selecting a nominee who will be heavily favored to win the seat in November. Early voting closed on Saturday and traditional voting in the Primary Election will be held on Tuesday.
Committee Meetings
Committees of the House and Senate were actively meeting last week and advancing legislation of all types.
The House Environment Committee met on Tuesday and approved legislation (Senate Bill 887) that amends the laws requiring recycling of televisions and computers. Senate Bill 887 focuses more on computers and represents a compromise struck with major manufacturers Dell and Apple. Senate Bill 887 now goes to the House Finance Committee. The regularly scheduled Thursday meeting of the House Environment Committee was cancelled.
In a surprise move, the Senate Judiciary I Committee met Thursday and approved legislation (House Bill 80) that would outlaw internet-based sweepstakes operations in North Carolina. House Bill 80 was originally introduced and passed the House as legislation related to municipal district elections and participation in the census. Now, House Bill 80 is the latest episode in a long running drama as legislators have sought to ban video poker and similar Internet based gambling. At the meeting Thursday, supporters of the bill said the gaming industry has consistently been a step ahead of the law and has found loopholes that allow them to operate gaming that was intended to be banned. Opponents were also on hand and argued that the legislation would instantly put people out of work, including the operators, software developers, and industry service providers.
The Senate Judiciary I Committee is also the current home for major tort reform legislation (House Bill 813). Subcommittee members are continuing to hold discussions on the bill as they attempt to broker a deal between trial lawyers and business interests. Swirling in the mix of issues contained in House Bill 813 are a repeal of contributory negligence and, potentially, of joint and several liability. The bill could also address questions about calculation of damages, and problems associated with contribution and indemnity. As the legislative session comes to a close, political observers are keeping a close eye on the bill.
The House State Government/State Personnel Committee approved legislation (House Bill 1717) that would make a major overhaul to the State alcoholic beverage control (ABC) system. House Bill 1717 would enact new ethics laws for the local ABC boards, empower the State ABC Commission to evaluate the efficiency of local ABC operations, and adopt new financial reporting requirements for local ABC operations. Many of the provisions have come in response to highly publicized allegations of conflict of interest and nepotism by local ABC board members and managers. The bill is scheduled for debate by the full House on Tuesday.
The House Judiciary II Committee is working on legislation (House Bill 1852) that would enact new oversight powers for the State Auditor to review non-profit organizations that receive state grant money. One particular provision in the bill authorizing a 2% withholding of funds to pay for audits, is being met with stiff resistance by a variety of interest groups. A subcommittee is expected to meet to produce a new version of the bill this week.
Looking Ahead
Lawmakers are heading into what could be the most important week of the 2010 legislative session. Look for budget negotiators to make the final decisions on a compromise budget between the House and Senate. Look for Governor Perdue to enter the budget debate and whether she becomes more forceful in insisting on legislation that plans for the possibility that Congress will not send North Carolina $450 million in Medicaid funding. By mid-week it should be clear whether lawmakers will meet the June 29 target date for a final vote on the State Budget. If the deadline holds, then look for the pace of legislative work to increase as lawmakers work to end the session. If the deadline cannot be met, then look for work to begin on continuing budget authority and a new beginning for the budget debate that would likely push the session into late July and possibly August.
Senate Bill 372 (Clarification of Nuisance Abatement Laws) which had extensive work in the Senate last year, is scheduled to be heard at 10:00 a.m. on Tuesday in the House Judiciary III Committee. At the same hour, Senate Bill 1112 (Modernization of State ABC System) will be heard in the Senate Judiciary II Committee.
Lastly, look for lawmakers to begin prioritizing legislation that will be enacted this year. Once the budget is adopted, lawmakers would be likely to take an additional week to end the session. Any bill not passed by the General Assembly this year must be reintroduced during the long session beginning in 2011.
Upcoming Meetings
Monday, June 21, 2010
- 7 PM - House and Senate Session
Tuesday, June 22, 2010
- 10 AM - House and Senate Judiciary Committees
- 11 AM - Senate Commerce Committee
- 11 AM - House Education Committee
- 12 PM - House Health Committee
- 12 PM - House Environment Committee
Wednesday, June 23, 2010
- 10 AM - Senate Education/Higher Education Committee
- 11 AM - Senate Health Care Committee
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.