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This Week at the Capital

Sept. 16, 2011

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Capital News Update
A weekly collection of news briefs covering hot topics in the state legislature and public policy arena. These news items do not necessarily reflect the North Carolina Chamber’s priorities, but will feature news about the Chamber’s advocacy efforts when timely.

Special Session Adjourned
The legislature adjourned from a three-day special session on Wednesday after passing several technical corrections to 2011 legislation and looking at two potential constitutional amendments. The General Assembly is scheduled to return for a third special session on Nov. 7, pending court approval of legislative and congressional district maps. Additionally, the legislature could discuss a number of bills that were not acted upon in the two recent special sessions.

Marriage Amendment on May Ballot
Both the NC House of Representatives (75-42 vote) and Senate (30-16 vote) approved a proposed constitutional amendment (S514) that defines marriage as between a man and woman. Currently, 30 states ban gay marriage in their constitutions. Senate leader Phil Berger defended his support by stating, “We think the people of this state – not judges, bureaucrats, or politicians – should define marriage...” Opponents of the amendment, such as Rep. Susan Fisher (D-Buncombe), argue that this amendment marginalizes “a group of individuals who only want equality and the same basic human rights afforded to every citizen of this state.” The proposed amendment will be included on the state ballot during the May primary elections, where voters will decide whether the ban on gay marriage will be included in the state constitution.

Term Limits Stalled in General Assembly
The Senate voted 35-9 to approve a proposed constitutional amendment (H823) that would limit the terms of the House Speaker and Senate President Pro Tem to eight consecutive years, or four consecutive terms. However the House did not concur on the term length, which is double the limit proposed by the House. The House and Senate will now appoint conferees to negotiate the bill. If passed by the General Assembly later this year or in 2012, the proposed amendment will be placed on the November 2012 ballot.

Clarifications on Forced Combinations
Following the passage of H619: Forced Combinations in the 2011 long session, Gov. Perdue and the NC Department of Revenue expressed concerns regarding the Secretary’s authority to require multi-state corporations to file a combined tax return. This week the General Assembly passed two technical corrections (S580) that allow “voluntary redeterminations” where the Secretary and a corporation may jointly agree on an alternative tax return filing method to accurately report the corporation’s net income. The other technical change made in S580 adjusted the effective dates for various provisions within the original bill.

Hurricane Irene Agriculture Relief
Following a summer drought and the April tornados, Hurricane Irene brought additional devastation to the state's agriculture. In North Carolina, crop damage accounted for $320 million out of $400 million damage caused by Irene. State Agriculture Commissioner Steve Troxler presented a six-point state agriculture disaster relief proposal to provide more immediate relief to farmers waiting on federal help. The plan would declare a state of emergency in affected counties to suspend certain rules and regulations in order to provide relief to farmers. It would also create a “bridge” loan guarantee partnership with private lenders, where the state would set aside $25 million to help farmers secure up to $125 million in private loans until federal money is issued. The proposal is expected to be considered by the General Assembly in November. Click here to review the plan.

Appointment Bill Adjusted
The NC Home Inspector Licensure Board requested a technical correction to the language defining the “public member” appointment on their board. The change requires that the public member not be “actively engaged” in any conflicting professions. The law previously required that the public member not be a licensed real estate broker, home inspector or general contractor because other board slots were designated for these professions. Proponents of the legislation contend that knowledge of the profession is beneficial and a professional license does not necessarily conflict with board duties. Click here to review all the changes made to the Appointments Bill this week.

North Carolina Chamber Competitiveness Update

Bill/Resolution Number	Description	Status	Chamber Position	Priority Issue
SJR17: Joint Regulatory Reform Committee	Creates Joint Regulatory Reform Committee to focus on private-sector job creation by lifting the undue burden imposed by outdated, unnecessary, and vague rules	Passed Senate Passed House Ratified	Support	Regulatory Reform
S22: APA Rules: Increasing Costs Prohibition	Sets limits/parameters on how state agencies adopt new regulations	Passed Senate Passed House Signed by Governor Perdue	Support	Regulatory Reform
S32/H53: Hospital Medicaid Assessment/Payment Program	Establishes assessments on hospitals and uses the revenue derived from the assessments to obtain Federal Medicaid funds	Passed Senate Passed House Signed by Governor Perdue	Support	Health Care
S33: Medical Liability Reform	Makes changes to the state’s medical liability system including limits on non-economic damages and periodic payments of future economic damages	Passed Senate Passed House Vetoed by Governor Veto Override	Support	Legal Reform
S99: Reform UI Tax Structure/Expedite Analysis	Authorizes the Department of Commerce to hire a consultant to analyze the state’s unemployment insurance tax structure	Passed Senate Passed House Signed by Governor Perdue	Support	Taxes
S308: State Regulation of Greenhouse Gas Regulation	Prohibits state agencies from adopting, implementing or enforcing a rule that regulates greenhouse gas emissions if the rule is not required by a federal law or regulation, or is more stringent than a corresponding federal regulation or law	Passed Senate Environment Committee Passed Senate House Environment Committee	Support	Environment
S386: Repeal G.S. 95-98	Repeals the law banning collective bargaining for state employees	Senate Rules and Operations Committee	Oppose	Labor
S666: Cap Motor Fuels Tax at Current Rate	Caps the motor fuel tax at the current rate of 15 cents per gallon from July 1, 2011 through June 30, 2013.	Senate Finance Committee	Oppose	Transportation
S709: Energy Jobs Act	Strengthens North Carolina’s energy infrastructure by diversifying domestic energy production.	Passed Senate Passed House Vetoed by Governor	Support	Energy
S751: Statutory Cap for Motor Fuel Excise Tax Rate	Caps the motor fuel tax rate at the current rate of 15 cents per gallon.	Senate Transportation Committee	Oppose	Transportation
S781: Regulatory Reform Act of 2011	Brings state environmental regulation in line with Federal standards and creates a more streamlined and transparent rulemaking process	Passed House Passed Senate Vetoed by Governor Veto Override	Support	Environment
H36: Employers & Local Gov’t Must Use E-Verify	Requires employers with 25 or more employees to comply with the federal e-verify program.	Passed House Passed Senate Signed by Governor Perdue	Support	Labor
H45/S48: Accelerate Clean Up of Industrial Properties	Allows risk-based clean up of industrial sites	Passed House Passed Senate Signed by Governor Perdue	Support	Environment
H103: Rqmts. for Min'l Oil Spills - 2	Clarifies requirements for notice, collection and removal of mineral oil discharges from electrical equipment	Passed House Senate Environment Committee Signed by Governor Perdue	Support	Environment
H115: NC Health Benefit Exchange Act	Creates a Health Benefit Exchange Authority	Passed House Senate Rules and Operations Committee	Support	Health Care
H119: Amend Environmental Laws 2011	Clarifies a number of existing state environmental regulations	Passed House Passed Senate Enacted into Law	Support	Environment
H129/S87: Level Playing Field/Local Govt. Competition	Permits cities to provide phone, cable and broadband services but on terms that are competitively equivalent to a private provider	Passed House Passed Senate Enacted Into Law	Support	Regulatory Reform
H223/S558: Healthy Families & Workplaces/Paid Sick Days	Mandates paid sick leave for all employees	House Commerce Committee	Oppose	Labor
H399: Cap Motor Fuels Excise Tax Rate	Caps the Motor Fuels Tax at the Current Rate	House Finance Committee	Oppose	Transportation
H542: Tort Reform for Citizens and Businesses	Updates the tort system in North Carolina	Passed House Passed Senate Signed by Governor Perdue	Support	Legal Reform
H587: North Carolina Jobs Bill	Establishes new guidelines and procedures within the rulemaking sections of the Administrative Procedures Act	House Commerce Committee Subcommittee on Business and Labor	Support	Regulatory Reform
H619: Forced Combinations	Outlines Secretary of State’s Authority to adjust net income of a corporation or require a corporation to file a combined return	Passed House Passed Senate Signed by Governor Perdue	Support	Taxes
H709/S544: Protect and Put NC Back to Work	Modernizes the Workers’ Compensation Act in North Carolina	Passed House Passed Senate Signed by Governor Perdue	Support	Workers’ Compensation Reform
H823: Governance of the Dept. of Public Instruction	Restructures the governance of the Department of Public Instruction	Passed House Senate Rules Committee	Support	Education

Contact Our Government Affairs Team
Do you have questions or input about the Chamber’s work at the legislature? Contact our Government Affairs team.

Gary Salamido, Vice President of Governmental Affairs
gsalamido@ncchamber.net or (919) 836.1403

John Goodman, Director of Governmental Affairs
jgoodman@ncchamber.net or (919) 836-1402

Jake Cashion, Director of Governmental Affairs
jcashion@ncchamber.net or (919) 836-1411

2011 Archives

9/16 Special Session Adjourned

7/29 Veto Overrides

6/24 Session Adjourned

6/17 Legislative Session Nearing Conclusion

6/10 Regulatory Reform Makes Gains

6/3 Budget Compromise Approved by Senate

5/27 Senate Budget Unveiled

5/20 State Health Plan Compromise Reached

5/13 Senate Budget Underway

5/6
State Budget, Broadband and Redistricting

4/29 House Budget Released

4/15 Unemployment Benefits Extended

4/8 Bill to Reform Worker’s Compensation Filed

4/1 House Legislative Committee Continues Tort Reform Discussion

3/25 House Committee Discusses Tort Reform

3/18 House Approves Replacement Bill to Cut Spending

3/11 Legislature Deals with Budget Bills, Health Care Veto, Regulations and More

3/4 Senate Approves Budget Bill; Updates on Legal Reform and Unemployment Insurance

2/25 Legislative Committees Review Spending Targets

2/18 Governor Releases Budget Proposal

2/11 Chipping Away at Burdensome Regulations

2/4 Chamber Hosts Annual Government Affairs Conference – Legislators “Think Jobs!”

1/28 New Leaders Taking Helm as GA Returns to Raleigh

2010 Archives

7/19 FINAL EDITION UNTIL 2011…

7/9 NC Chamber-backed Bill Providing Tax Credits & Regulatory Reform Awaits Final Votes

7/2 Update: Governor Perdue Signs Final State Budget into Law

6/25 Update: Legislative Leaders Predict Final Budget Will Pass Next Week!

6/18 Update: Governor Perdue Tells Budget Conferees To Plan for $500 Million Medicaid Gap

6/11 Update: Budget Conferees Begin Negotiations

6/4 Update: NC House Gives Final Passage to Budget Proposal

5/28 NC House Holds Public Hearing to Prepare for Release of Budget Proposal

5/21 2010 Legislative Session Begins: State Budget on Fast Track!