Weekly Legislative Update
Overview
Actions by Governor Bev Perdue (D-Craven) overshadowed a week of heightened activity at the General Assembly during which numerous bills advanced in the legislative process. The Governor provided the public and media with an update on the worsening State Budget picture, authored a plan to cut State Employee and Teacher salaries, and took steps to increase State control of the Halifax County School system. Meanwhile, the House Appropriations Committee held a statewide videoconference on the State Budget that is being drafted by the House's chief budget writers. The Senate advanced various legislative proposals through committees and at the full Senate this week. In a break from the busy legislative schedule, the House and Senate had as honored guests the players and coaches of the 2009 NCAA National Champion UNC Tar Heels men's basketball team at separate sessions on Wednesday.
The Office of State Budget and Management (OSBM), the fiscal research arm of the Governor's Office, has advised Governor Perdue that revenues collected during the current fiscal year will likely fall short of expenditures by over $3 billion. In reaction to that news, Governor Perdue authored two Executive Orders this week that will reduce the salary of all State Employees and Teachers by ½% and grant those employees 10 hours of unpaid vacation. In the same announcement Governor Perdue said she would capture and redirect funds from certain special funds, including the State Rainy Day fund and federal stimulus monies originally target for next fiscal year, in order to reduce the budget deficit. The total expected savings from the "flexible furlough plan" and the redirecting of funds is estimated to be just over $1 billion. Under such a plan lawmakers would be left with the task of paying off the current year debt of about $2 billion before budgeting for the 2009-2010 and 2010-2011 fiscal years in order to comply with the State Constitutional requirement of a balanced budget.
In an effort to gather public input on the State Budget the House Appropriations Committee held a town-hall style, Statewide videoconference meeting on the budget this week. Sites across the State were linked by video conference to the auditorium of the NC Museum of History in Raleigh that was filled to capacity with individuals and interest groups seeking an opportunity to speak to lawmakers who play key roles in writing the House budget. Prior to the meeting, the committee staff reported receiving nearly 2,000 emails on the budget. Budget interest groups actively participated by voicing support for their own key projects or offering pleas that their programs not be cut from the budget. The six House Appropriations Committee Chairs are expected to continue meeting through the end of the week and to issue targeted levels of funding by Tuesday of next week. The targets set the maximum funding levels that each subcommittee is expected to work within and is the first major step in development of the House's budget plan. House leaders plan to pass their version of the State Budget before the end of May.
Also this week, the State Department of Public Instruction presented a plan to Wake County Superior Court Judge Howard Manning that will increase the State's role in the administration of the Halifax County School System. The plan details a three year experiment in which teachers and principals would be retrained and education coaches would be hired to guide the system toward educational successes that have eluded the system for years. More than 70% of elementary school students in Halifax cannot meet proficient reading standards on State tests and none of the system's fourteen schools met federal standards of "adequate yearly progress." The education system of the northeastern North Carolina county has been under scrutiny and the subject of litigation for over a decade. Halifax was a part of a 1994 lawsuit that reached the North Carolina Supreme Court and brought the "Leandro decision," a holding that found that all North Carolina children have a constitutional right to a "sound basic education."
Legislation was on the move this week, as the May 13 crossover deadline becomes a serious threat to bills that are stalled in committee. In the Senate, bills to require the recordation of real property sales information (Senate Bill 405), to allow for hardened erosion prevention structures (Senate Bill 832) to expand the regulation of structured settlements to personal injury (Senate Bill 780), and a package of bills that allow the State Treasurer more authority in investment activities (Senate Bills 632, 691, 703) was approved and sent to the House. In the House, legislation that will allow joint tenants to hold property in unequal shares (House Bill 799), to require a state purchasing preference for fuel efficient vehicles (House Bill 1079), and to restrict the use of corporal punishment in school (House Bill 442) was approved this week and sent to the Senate.
The NCAA Champion Tar Heels were honored at the General Assembly this week. Coach Roy Williams and the players of the Championship team were seated on the floor of the House and Senate while an honorary resolution was read and lawmakers heaped praises upon their outstanding season of play. The Tar Heels finished the 2008-2009 season with a record of 34-4, including an 89-72 victory over Michigan State in the national championship game. The honors were also a fitting send off to graduating senior Tyler Hansbrough who won first team all ACC honors four times, was a consensus All-American three times, and will have his jersey retired to the rafters of the Dean E. Smith Center in Chapel Hill.
Committee Meetings
Committees of the General Assembly were actively meeting to advance or consider legislation this week. Regulation of water resources was a key part of at least two committee meetings this week. The Senate Finance Committee has voted to approve legislation (Senate Bill 967) that will create the Yadkin River Trust to operate the existing hydroelectric facility currently owned by the Alcoa company. Alcoa, an aluminum manufacturer, is presently seeking renewal of its federal license to operate the power producing dams for the next 50 years, although the aluminum smelting plant has closed and its plant no longer employs the 1,000 workers it once did. Governor Perdue has filed a motion with the Federal Energy Regulatory Commission that asks the Commission to recapture the license. Under Senate Bill 967, the newly created trust would have the power to acquire the hydroelectric facilities and sell the power generated, and to manage the water for the benefit of all North Carolina citizens. The bill now goes to the full Senate for further action.
The House Environment Committee continues to grapple with the issue of water quality in Jordan Lake, a piedmont area reservoir south of Durham. The issue arose when State water quality examiners found heightened levels of nutrients in the lake which collects water from rivers and streams as far west as Kernersville in Forsyth County. The Environmental Management Commission adopted rules to regulate the runoff to Jordan Lake, but the rules were objected to and arrived at the legislature for review. In House Bill 239, the rules would be disapproved and a new system of control would be established. The new proposed rules were criticized by environmental advocates who say the rules do not do enough to protect water quality. Committee Chair Lucy Allen (D-Franklin) pledged to continue gathering comments on the proposal prior to a committee vote.
The Senate Judiciary I Committee has advanced legislation that will amend the State's statute of repose for product liability claims against manufacturers and sellers (Senate Bill 882). Meanwhile, the Senate Commerce Committee approved legislation (Senate Bill 460) that will require licensing of commercial dog breeders in order to enforce minimum standards of care for the animals. In other action the House Homeland Security, Military and Veterans Affairs Committee approved legislation that will encourage the use of veteran owned businesses under state contracts (House Bill 912), the House Commerce Committee has approved legislation that makes technical modifications to the Job Development Investment Grants (JDIG) program (House Bill 1516) and legislation that will allow commercial real estate brokers to gain a lien on property for collection of their commissions (House Bill 1356), and the House Committee on Financial Institutions approved legislation to amend the State's Mortgage lending laws to conform with Federal Code (House Bill 1523).
Outside the legislature, Governor Perdue made appointments to the State Utilities Commission this week. The Governor reappointed Commissioners Bryan Beatty and Lorinzo Joyner to terms that will expire in 2017 and appointed ToNola Brown-Bland to a term that will expire in 2009. All of the appointments must be confirmed by the General Assembly.
Upcoming Meetings
Monday, May 4, 2009
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7 PM - House and Senate Session
Tuesday, May 5, 2009
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8:30 and 2 PM - House Appropriations Subcommittees
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10 AM - House and Senate Judiciary Committees
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11 AM - Senate Commerce Committee
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12 PM - Senate State and Local Government Committee
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12 PM - House Environment Committee
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1 PM - House Financial Institutions Committee
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1 PM - House Alcohol Beverage Control Committee
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1 PM - Senate Finance Committee
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2 PM - House Water Resources and Infrastructure Committee
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2 PM - House State Government and State Personnel 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.