Weekly Legislative Update
Overview
Lawmakers and the legislative community returned to Raleigh Monday in shock from the sudden death of State Senator Vernon Malone (D-Wake) over the weekend. State Government flags flew at half staff all week leading up to funeral services for Senator Malone on Thursday (see In Memoriam below). Even while mourning, legislators continued work on major legislation to reform the State Health Plan, to allow local government funding of public transportation projects, to permit public funding of municipal political campaigns, and other key legislation. The Senate Finance Committee released its highly publicized tax reform package at a meeting on Wednesday and other committees of the General Assembly were meeting to advance or consider various legislative proposals.
A compromise version of legislation (Senate Bill 287) to reform the State Health Plan was approved by the House and Senate and signed into law by Governor Bev Perdue (D-Craven) this week. The bill will raise deductibles and copays for most services, increase premiums for dependants of State employees by 8.9% and decrease benefits for smokers and the drastically obese who are covered by the Plan. The Majority Leaders of the House and Senate, Representative Hugh Holliman (D-Davidson) and Senator Tony Rand (D-Cumberland), rebuffed criticisms of the bill during debate on the final vote for approval of the bill. Both acknowledged that Senate Bill 287 is intended to be a short term fix for acute financial difficulty that the Plan is experiencing. The $408 million appropriation to the Plan is hoped to keep the Plan solvent for two more years and buy time for a blue-ribbon commission to assist lawmakers in crafting a longer term and more comprehensive fix to the plan beyond the current and upcoming fiscal years. The legislation passed over the objections of the State Employees Association of North Carolina and arrived at Governor Perdue's desk on Wednesday. The Governor signed the bill into law on Thursday afternoon.
In votes on Tuesday and Wednesday, the House approved legislation (House Bill 148) that would allow counties and municipalities to individually or by regional organizations levy a ½ cent sales tax to fund projects that relieve traffic congestion, promote public transportation, invest in intermodal transportation facilities and promote both passenger and freight rail. Debate on the bill was lengthy and proponents rejected an effort to amend the bill to allow the revenue raised to be spent on road building. The final vote on the bill of 77-40 reflects a strong coalition of business, environmental and transportation planning organizations that have worked on the legislation for months. The bill now goes to the Senate where State Senator Richard Stevens (R-Wake) has introduced a companion bill.
After several weeks of appearing on the House Calendar, but votes being deferred, the House approved legislation (House Bill 120) to allow candidates for municipal office to participate in a public campaign fund. If House Bill 120 becomes law, candidates for non-partisan elected municipal offices could receive taxpayer funds for their campaigns if they gather enough small dollar contributions to qualify. The bill represents another step in the publicly funded campaign movement that began with Statewide Judicial offices and more recently with several offices on the Council of State. Proponents say the change will reduce the influence of moneyed interests and increase the opportunities for less wealthy persons to serve in public office. The bill now goes to the Senate for further consideration.
In the Senate this week, various legislative proposals were advanced. On Monday, the Senate approved legislation (Senate Bill 833) to standardize the coding for delineation of North Carolina river basins that is used by the Department of Environment and Natural Resources and Federal Agencies. Senate Bill 833 is one of several bills pending before the General Assembly that focuses on water resource allocation in the State. Senate Bill 669, a bill to make changes to the statutes on appeals from orders of the North Carolina Banking Commission, was approved at session on Tuesday. Also on Tuesday, the Senate approved legislation (Senate Bill 957) to allow for a special enrollment period for group health insurance and for continuation rights as called for in the Federal Stimulus legislation passed earlier this year. On Wednesday, the Senate passed legislation (Senate Bill 117) to clarify that local governments may not adopt moratoria on development for the purpose of adopting a new ordinance.
In the House this week, a number of proposals were advanced to the Senate including legislation (House Bill 530) that amends the "carrier of last resort" statutes regulated by the Utilities Commission. The changes in House Bill 530 that were approved by the House on Monday would allow telecommunication companies to satisfy their carrier of last resort obligations by any available means of technology. The carrier of last resort requirements help to ensure universal telephone service in North Carolina and the changes approved this week will accommodate the changing ways that telephone service is delivered to consumers. House Bill 530 now goes to the Senate. Also approved by the House this week, were changes to the Summary Ejectment statute (House Bill 630) and legislation (House Bill 631) to allow public safety personnel to wear medals and ribbons earned during military service on certain patriotic holidays.
Committee Meetings
The Senate Finance Committee meeting on Wednesday this week brought the publication of a highly publicized tax reform package. The package has been the subject of rumor and intrigue even before the Senate passed their version of the State budget and identified the total amount to be raised by the package at $500 million. The proposal released this week would go slightly further by raising $539 million in new taxes and transfers from local governments. The most radical change would be the taxation of services under the sales tax, rewriting taxes on businesses, and changing the calculation of personal income tax. The proposal includes alcohol and tobacco taxes recommended by Governor Perdue, although at lower levels than proposed in her budget recommendation. Senator Dan Clodfelter (D-Mecklenburg) presented the proposal with remarks that this would be the first of several meetings where the tax law changes would be discussed. It is anticipated that the Finance Committee would gather comments over the coming weeks and then move to advance the bill sometime in mid May.
Subcommittees of the House Appropriations Committee continued their reviews of the State Budget this week as an expected calendar of events for budget action has begun to develop. Subcommittee chairs expect to receive their targeted spending levels during the first week in May. That would allow for development of individual portions of the budget by subcommittees during that week and action by the full House Appropriations Committee by the middle of next month. Assuming the bill advances to the floor of the House and passes, the House and Senate would enter a Conference Committee on the State Budget by the end of May. Such a schedule would allow three or four weeks for House and Senate budget writers to work out the differences between the two bills prior to the end of the State Fiscal Year on June 30, 2009.
The House Environment Committee meeting on Tuesday was the site of a crowded hearing on mountain top mining. The meeting focused on House Bill 340, a bill that proposes restrictions on purchasing coal mined from the Appalachian Mountains of West Virginia. Representatives of companies that purchase the coal to produce power in North Carolina presented the case for opposing the bill, most notably, the increased cost of power production that would hamper economic development. Additionally, Constitutional concerns raised by the Interstate Commerce Clause stalled the bill in Committee. Bill sponsor Representative Pricey Harrison (D-Guilford) agreed to remove the bill from committee consideration as opposition grew among the membership of the Committee.
Various other Committees of the General Assembly continued meeting this week in efforts to advance legislation ahead of the May 13 Crossover Deadline. Crossover Deadline is the day by which most non-budget related bills must pass the originating chamber in order to be eligible for consideration later this year or during the short session next year.
In Memoriam
On Saturday April 18, 2009, North Carolina State Senator Vernon Malone (D-Wake) passed away at his home in Raleigh. His 35 years of public service revolved around advancement of educational opportunity and quality. In the 1970's he was an integral part of merging the Wake County and Raleigh City School systems as Chair of the interim board and the first Chair of the Wake County Board of Education. He went on to serve as a County Commissioner on the Wake County Board of Commissioners and also Chaired that board for a number of years. He was elected from the eastern Wake County Senate District in 2002 and was serving his fourth term.
A veteran of the United States Army, Senator Malone's interest in education predated his lengthy and productive career in public service. He earned his degree from Shaw University in Raleigh and went on to teach at The Governor Morehead School for the Blind. His career at the school spanned 35 years and he retired from the position of Superintendent at the school. Senator Malone's wife Susan passed away two years ago after a long battle with cancer, and he credited his Senate colleagues with helping him in numerous ways through that time. Vernon Malone is survived by his three children: Rod, Barry, and LaVerne. He was laid to rest in Raleigh on Thursday.
Upcoming Meetings
Monday, April 27, 2009
- 10 AM - Study Committee on Offshore Energy Exploration (in Morehead City)
- 7 PM - House and Senate Session
Tuesday, April 28, 2009
- 8:30 AM and 2 PM - House Appropriations Subcommittees
- 10 AM - House and Senate Judiciary Committees
- 11 AM - House Education Committee
- 12 PM - House Health Committee
- 12 PM - House Environment and Natural Resources Committee
- 1 PM - House Alcohol Beverage Control Committee
- 1 PM - Senate Finance Committee
- 2 PM - House State Government/State Personnel Committee
Wednesday, April 29, 2009
- 12 PM - 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.