Weekly Legislative Report March 11, 2011

Size: px

Start display at page:

Download "Weekly Legislative Report March 11, 2011"

Bonnie Porter
5 years ago
Views:

Weekly Legislative Report March 11, 2011 It has been a historical week at the General Assembly with both the House and the Senate considering an override of bills that have recently been vetoed by

1 Weekly Legislative Report March 11, 2011 It has been a historical week at the General Assembly with both the House and the Senate considering an override of bills that have recently been vetoed by Governor Bev Perdue. Senate Bill 13, Balanced Budget Act of 2011, was considered by the Senate and the Senate obtained the three-fifths majority vote (31-19) needed to override Governor Perdue s veto of this bill. The bill was then sent to the House where it remains pending while the House leadership determines whether or not they can get a three-fifths majority vote to join the Senate in overriding Governor Perdue s veto of the bill. A governor s veto of a bill can only be overridden by the General Assembly if the House votes to do so by a three-fifths majority and if the Senate also votes to do so by a three-fifths majority. However, in both the House and the Senate to override a veto it requires a three-fifths majority of the members present and voting rather than three-fifths of the 50 Senators and three-fifths of the 120 House members. This becomes important when House or Senate members are absent because their absence reduces the total number of votes needed to override the Governor s veto. Also this week, the House attempted to override the Governor s veto on House Bill 2, Protect Health Care Freedom Act, but the vote of failed to get the three-fifths majority required. Because the vote to override only requires three-fifths of those members present and voting rather than three-fifths of the entire 120 House members, there was an opportunity on Thursday for Speaker Thom Tillis to call for a vote after eight Democratic House members left early before the end of session. However, Speaker Tillis announced that he would not call for the override vote because he had previously announced that there would be no votes on bills after the session reconvened after lunch. The House Republicans, with the support of the House Democrats, did pass a procedural motion that will allow a vote at any time during the remainder of this legislative session on whether or not to override Governor Perdue s veto of this bill. So, the drama continues with the General Assembly passing bills that are then vetoed by the Governor. Then the General Assembly has been working diligently to secure enough votes to override the Governor s veto. According to published news reports, only one bill previously vetoed by a Governor has had the veto overruled by the General Assembly. That bill was passed by the General Assembly to allow wider boat trailers on certain highways. After it was vetoed by Governor Mike Easley, the General Assembly quickly rescheduled it for a vote, voted to override the Governor s veto and then enacted it into law. The House and Senate adjourned on Thursday to reconvene on Monday evening.

2 BILLS OF INTEREST HOUSE BILL 241, North Carolina Firearms Freedom Act, would exempt a firearm, a firearm accessory or ammunition manufactured and retained in North Carolina from federal regulation under the Commerce Clause of the United States Constitution. This bill provides that federal, state and local law enforcement officers cannot enforce federal firearms laws if the firearm, firearm accessory or ammunition was manufactured and retained in North Carolina. Introduced by Representative Bradley, and referred to the House Committee on Judiciary. HOUSE BILL 245, Richmond/Deer Hunting With Dogs, would regulate deer hunting with dogs in Richmond County. Introduced by Representative Goodman, and referred to the House Committee on Agriculture. HOUSE BILL 255, Domestic Violence Funding, appropriates funding to the Domestic Violence Center Fund and to other programs to address domestic violence. Introduced by Representative McLawhorn, and referred to the House Committee on Appropriations. HOUSE BILL 258, Honor Deputy Charlie Brown, would honor the life and memory of Charles Douglas Charlie Brown, Jr., a Martin County Deputy Sheriff killed in the line of duty. Introduced by Representative Warren, and referred to the House Committee on Rules, Calendar, and Operations of the House. HOUSE BILL 259, Expand Jurisdiction of Company Police, would expand the territorial jurisdiction of company police agencies to include the public streets and highways that pass through or are adjacent to the private property under contract for protection by the company police agency. This bill is opposed by the North Carolina Sheriffs Association. Introduced by Representative Hilton, and referred to the House Committee on Government. HOUSE BILL 260, Company Police Authority at Crash Scenes, would allow company police officers who are off of private property that they are contracted to protect, to operate their emergency equipment and lights at crash scenes, fires or other public safety emergencies. This bill is opposed by the North Carolina Sheriffs Association. Introduced by Representative Hilton, and referred to the House Committee on Government. HOUSE BILL 265, Chowan Fox Seasons, amends various session laws to clarify the season for taking foxes with weapons and by trapping in Chowan County. Introduced by Representative Spear, and referred to the House Committee on Agriculture. HOUSE BILL 269, Reappoint Ex-Offender Reintegration Study, would re-establish the Joint Select Committee on Ex-Offender Reintegration into Society. The bill specifies 10 primary areas to be Page 2 of 9

3 studied. Introduced by Representatives Guice, Bryant and Pierce, and referred to the House Committee on Rules, Calendar, and Operations of the House. HOUSE BILL 270, Amend Conditions of Probation, would make various changes in the law establishing regular and special conditions of probation and would toll the probation period for any probationer who received criminal charges that could result in revocation of the probation. It would also remove the probation condition requiring the defendant to visit with the probation officer at a designated time. Introduced by Representatives Guice, Horn, Ingle and Faircloth, and referred to the House Committee on Judiciary Subcommittee B. HOUSE BILL 271, Probation Officer/No Concealed Carry Required, would allow a person certified as a state probation officer or parole officer to carry a concealed hand gun when they are off duty without being required to get a pistol purchase permit. Introduced by Representatives Guice, Horn, Ingle and Faircloth, and referred to the House Committee on Judiciary Subcommittee A. HOUSE BILL 272, Administrative Office of the Courts (AOC)/Study Court Records, is identical to Senate Bill 223 discussed below. Introduced by Representatives Bryant, Guice, Frye and Pierce, and referred to the House Committee on Rules, Calendar, and Operations of the House. HOUSE BILL 273, Study Expunction of Dismissals/NG Verdicts, is identical to Senate Bill 218 discussed below. Introduced by Representatives Bryant, Guice and Pierce, and referred to the House Committee on Rules, Calendar, and Operations of the House. HOUSE BILL 274, Ex-Offender Study Recommendations, is identical to Senate Bill 222 discussed below. Introduced by Representatives Bryant, Guice, Pierce and Alexander, and referred to the House Committee on Rules, Calendar, and Operations of the House. HOUSE BILL 276, Promote Funding Availability, is equal to Senate Bill 217 discussed below. Introduced by Representatives Pierce, Alexander, Bryant and Brandon, and referred to the House Committee on Rules, Calendar, and Operations of the House. HOUSE BILL 277, General Statutes Comm/Collateral Consequences, is identical to Senate Bill 220 discussed below. Introduced by Representatives Pierce, Bryant, Guice and Alexander, and referred to the House Committee on Rules, Calendar, and Operations of the House. HOUSE BILL 280, County Law Enforcement Service District, would change the criteria for a county service district established for law enforcement by raising the population threshold from 500,000 to 650,000 and would also allow the county to have an interlocal agreement with one or more municipalities for the provision of law enforcement services in the unincorporated area of the county. Introduced by Representatives Brawley and Murry, and referred to the House Committee on Government. HOUSE BILL 285, Active National Guard Special Plate No Cost, would allow active-duty members of the National Guard to receive a motor vehicle registration plate at no cost. Introduced by Representatives Killian and Martin, and referred to the House Committee on Transportation. Page 3 of 9

4 HOUSE BILL 289, Authorize Various Special Plates, would authorize the Division of Motor Vehicles to issue dozens of new special registration plates. Introduced by Representative Gillespie, and referred to the House Committee on Transportation. HOUSE BILL 293, Summary Ejectment/Summons in Envelope, would provide that a summons and complaint in a summary ejectment action being affixed to the premises must be placed in an envelope provided by the plaintiff in the action. Introduced by Representative Floyd, and referred to the House Committee on Judiciary Subcommittee A. HOUSE BILL 297, Hold on to Your Driver s License, would make it unlawful for any business to require that a licensed driver relinquish his or her driver s license. Introduced by Representative Starnes, and referred to the House Committee on Commerce and Job Development. HOUSE BILL 300, Election Fairness Act of 2011, would rotate the order of candidates and political parties as they appear on ballots, would eliminate straight-party ticket voting and would increase the members on the State Board of Elections from five members to six members. Introduced by Representatives Jones and Hager, and referred to the House Committee on Elections. HOUSE BILL 304, Child Death Research Funds, would appropriate funding to improve child death research and investigation in North Carolina. This bill is identical to Senate Bill 102. Introduced by Representative Earle, and referred to the House Committee on Appropriations. HOUSE BILL 306, Miscellaneous Service/Process Amendments, would make various changes to the laws governing the service of civil process to include: (1) allowing service in small claims actions by signature confirmation or designated delivery service; (2) clarify that the 60-day time frame for serving a summons under Rule 4 of the Rules of Civil Procedure applies to all summonses; (3) require that a copy of a motion to terminate parental rights that is served on a parent be sent to that parent s attorney of record, if any; (4) require that a party s attorney of record, if any, must be served when service is made under Rule 5(b); and (5) clarify that an attorney may be served under Rule 5(b) by mail. Introduced by Representative Ross, and referred to the House Committee on Judiciary Subcommittee A. HOUSE BILL 308, Admission Ticket Reform Act, makes it unlawful to knowingly make a material false or misleading statement about a violation of the Admission Ticket Reform Act. Introduced by Representatives LaRoque, Guice, Tolson and Glazier, and referred to the House Committee on Commerce and Job Development. HOUSE BILL 316, NCGA Police/Statewide Jurisdiction, would give the North Carolina General Assembly special police statewide law enforcement jurisdiction. This bill is opposed by the North Carolina Sheriffs Association. Introduced by the House Committee on Judiciary Subcommittee A. Page 4 of 9

5 HOUSE BILL 319, Restore Cigarette Tax Stamps, is identical to Senate Bill 249 discussed below. Introduced by Representative McGee. HOUSE BILL 324, Amend Possession of Marijuana, would reduce the penalties for possession of marijuana and would provide that a person convicted of possession of marijuana prior to December 1, 2011 would be able to get the conviction expunged on certain specified terms and conditions. Introduced by Representatives Kelly Alexander and Hall. HOUSE BILL 325, Judicial Appointment/Voter Confirmation, would allow the voters to decide in the May, 2012 primary election whether or not to amend the North Carolina Constitution to provide that future vacancies on the Supreme Court of North Carolina and the North Carolina Court of Appeals would be filled by an appointment by the Governor. At the end of their term, appointed judges would be voted on by the citizens. This bill does not propose any change in the method for electing superior court judges. Introduced by Representatives Rhyne, Alexander, Stam and Glazier. HOUSE BILL 328, Wayne Sheriff Vacancies, would provide that a vacancy in the Office of Sheriff in Wayne County would be filled by a person who was recommended by the Executive Committee of the political party of the vacating Sheriff, who would then be appointed by the Board of County Commissioners. Introduced by Representatives Sager and LaRoque. HOUSE BILL 331, Allow PAs and NPs to Sign Death Certificates, would authorize physician assistants and nurse practitioners to complete medical certifications as to the cause of death for death registration. Introduced by Representatives Hollo, Brubaker, Dollar and Justice. HOUSE BILL 336, Amend Weight Requirements-Certain Vehicles, would allow the hauling of ready-mixed concrete in excess of the road weight limits so long as certain conditions are met. Introduced by Representatives Lewis and Frye. SENATE BILL 238, Richmond/Deer Hunting With Dogs, is identical to House Bill 245 discussed above. Introduced by Senator Purcell, and referred to the Senate Committee on Agriculture/Environment/Natural Resources. SENATE BILL 241, Increase DWI Penalty/Child in Vehicle, would require that DWI sentencing be at Level One if the offense occurs with a child less than 16 years of age in the vehicle. Introduced by Senators Purcell, Allran and Atwater, and referred to the Senate Committee on Judiciary II. SENATE BILL 249, Restore Cigarette Tax Stamps, would reinstate the requirement that cigarettes bear a stamp indicating that the cigarette tax has been paid, for the purpose of improving the enforcement of the Cigarette Excise Tax and to deter the unlawful sale of non-tax-paid cigarettes. Introduced by Senator Hartsell, and referred to the Senate Committee on Finance. SENATE BILL 257, Honor Deputy Charlie Brown, is identical to House Bill 258 discussed above. Introduced by Senator Jenkins, and referred to the Senate Committee on Rules and Operations of the Senate. Page 5 of 9

6 SENATE BILL 261, Chowan Fox Seasons, is identical to House Bill 265 discussed above. Introduced by Senator Jones, and referred to the Senate Committee on State and Local Government. SENATE BILL 266, Filling Vacancies in Local Office, would standardize the process for filling vacancies in local elected offices and would apply to the Office of County Commissioner, Register of Deeds, Sheriff, County Board of Education and City Council members. Concerning vacancies in the Office of Sheriff, this bill would require the County Executive Committee of the party of the sheriff being replaced to recommend three persons as possible replacements and require that one of those three be appointed by the County Board of Commissioners. If the County Executive Committee of the political party of the outgoing sheriff makes less than three eligible nominations, then the Board of County Commissioners can appoint any person eligible for appointment to the Office of Sheriff. Introduced by Senator Clodfelter, and referred to the Senate Committee on Judiciary I. SENATE BILL 268, Enhance Protection of Victims and Witnesses, creates an exception to the hearsay rule that would allow the statement of an unavailable witness to be introduced into evidence if the statement is offered against the party that engaged or acquiesced in wrongdoing that was intended to and did make the witness unavailable. It would also increase the penalty from a Class H felony to a Class D felony for persons who intimidate, deter or otherwise interfere with any person summoned or acting as a witness in court. Introduced by Senators McKissick and Stevens, and referred to the Senate Committee on Rules and Operations of the Senate. SENATE BILL 271, Commercial and Other M/V Law Changes, would: (1) make it an infraction to cover any portion of a vehicle s registration letters or numbers (current law requires that the number or letter be made illegible); (2) modify window tinting restrictions for motor carriers; (3) make it unlawful for a person to use a mobile telephone or other electronic device while operating a commercial motor vehicle; (4) provide that vehicles engaged in felony speeding to elude arrest be seized and sold; (5) require the removal of certain personal identifying information from motor vehicle crash reports before the reports can be released to the public; and (6) allow civilian employees in addition to sworn law enforcement officers of the State Highway Patrol and the Department of Crime Control and Public Safety to manage or operate permanent weigh stations. This bill would also amend G.S to clarify that the policy concerning pursuit of fleeing or eluding motorists, that is currently required by law to be in effect in all law enforcement agencies, must include factors to be considered by an officer in determining when to initiate or terminate a pursuit. Introduced by Senators Brunstetter and Jenkins, and referred to the Senate Committee on Transportation. SENATE BILL 272, Victims' Compensation Law Changes, would make various changes in the Crime Victims Compensation Law to include a requirement that payment of a claim for compensation shall (currently, may) be suspended pending the disposition of a criminal prosecution that has been commenced or is imminent. Introduced by Senator Brunstetter, and referred to the Senate Committee on Judiciary I. Page 6 of 9

7 SENATE BILL 274, Greenville Alcoholic Beverage Tax, would authorize the City of Greenville to levy a tax on the sale of alcoholic beverages to offset the resulting increased need for law enforcement personnel. Introduced by Senator Jenkins, and referred to the Senate Committee on Rules and Operations of the Senate. SENATE BILL 276, Spirituous Liquor Tastings at ABC Stores, would allow spirituous liquor tastings at local ABC stores. Introduced by Senator Jenkins, and referred to the Senate Committee on Rules and Operations of the Senate. SENATE BILL 277, ABC Board Sunday Sales/Local Option, would authorize local ABC boards to operate on Sundays if they choose to do so. Introduced by Senator Jenkins, and referred to the Senate Committee on Rules and Operations of the Senate. SENATE BILL 298, Durham County/Pistol Purchase Permit Application Fee, would impose an application fee of $10 for a pistol purchase permit in Durham County. Introduced by Senators McKissick and Atwater, and referred to the Senate Committee on Rules and Operations of the Senate. SENATE BILL 300, Miscellaneous Service/Process Amendments, is identical to House Bill 306 discussed above. Introduced by Senator Hartsell, and referred to the Senate Committee on Judiciary II. SENATE BILL 301, Reappoint Ex-Offender Reintegration Study, is identical to House Bill 269 discussed above. Introduced by Senators Hartsell, Dannelly and Jones, and referred to the Senate Committee on Rules and Operations of the Senate. SENATE BILL 302, Prepaid Wireless/Point of Sale Collection, would impose a surcharge on the purchase of prepaid wireless telephones that would ultimately go to the 911Fund. Introduced by Senators Hartsell and McKissick, and referred to the Senate Committee on Finance. SENATE BILL 303, REAL ID Act Compliance Border on Licenses, would require a red border or background on driver s licenses for individuals who are legally present in the United States for a limited duration of time. Introduced by Senator Allran, and referred to the Senate Committee on Rules and Operations of the Senate. SENATE BILL 311, Warrantless Arrest Pretrial Release Violation, would allow for a warrantless arrest for violation of a pretrial release condition when the violation occurs outside the presence of the law enforcement officer. Introduced by Senator East, and referred to the Senate Committee on Judiciary II. SENATE BILL 315, Roadside Campaign Signs, would permit campaign signs on the state highway rights-of-way as long as the North Carolina Department of Transportation enacted reasonable time, place and manner restrictions. Introduced by Senators Daniel, Berger and Brock. Page 7 of 9

8 SENATE BILL 319, Wilmington Civil Service Board, would amend the Charter of the City of Wilmington in the section that establishes a Civil Service Commission to clarify that the police and fire department employees are subject to the Civil Service Commission and requirements. It would also remove the current provision in the law allowing the police chief and fire chief to suspend employees with or without pay prior to approval by the city manager. Introduced by Senator Goolsby. SENATE BILL 324, ABC Law/Eastern Band of Cherokee Indians, would authorize the Eastern Band of Cherokee Indians to receive shipments of spirituous liquor and fortified wines from the North Carolina Alcoholic Beverage Control Commission and would also authorize the Eastern Band of Cherokee Indians to establish a tribal Alcoholic Beverage Control Commission to regulate the purchase, possession, consumption, sale and delivery of alcoholic beverages. Introduced by Senators Apodaca and Davis. SENATE BILL 330, Report on Mental Health Services Provided by Hospital Emergency Departments, would require the Department of Health and Human Services (DHHS) to report on the utilization of hospital emergency departments by persons diagnosed with mental illness. It would also require DHHS to develop a comprehensive plan for reducing the length of stays for individuals with mental illness admitted to hospital emergency departments. This bill is identical to House Bill 79 filed previously. Introduced by Senator Nesbitt. BILL STATUS HOUSE BILL 3, Exclusionary Rule/Good Faith Exception, has been approved by the General Assembly and presented to Governor Beverly Perdue for her signature. HOUSE BILL 18, Restore Firearms Rights/Tech Corrections, has been enacted into law, and became effective March 5, HOUSE BILL 49, Laura's Law, received preliminary approval in the House on Thursday and will be scheduled for a final House vote next week. HOUSE BILL 54, Habitual Misdemeanor Larceny, was amended to now provide that a defendant must have seven or more prior larceny convictions to have a subsequent larceny classified as a felony. HOUSE BILL 219, Sex Offender Registry Amendments, was approved by the House and will be sent to the Senate for further consideration. Prior to being approved, this bill was amended to require a person to report in person to the sheriff within three business days (currently 10 days) if the person who is required to register as a sex offender changes his or her name. Page 8 of 9

9 SENATE BILL 7, Add Controlled Substances, provides a schedule of graduated regulation of MDPV, mephedrone and any synthetic cannabinold. If you would like a copy of any of the legislation introduced or considered by this year's General Assembly, copies are available on the General Assembly s World Wide Web site: or by calling the General Assembly s Printed Bills office at 919/ Eddie Caldwell Executive Vice President and General Counsel North Carolina Sheriffs= Association Page 9 of 9

This year s adjournment was the earliest in several decades. Usually, the session does not adjourn until late July, or later.

This year s adjournment was the earliest in several decades. Usually, the session does not adjourn until late July, or later. Weekly Legislative Report June 18, 2011 The 2011 session of the North Carolina General Assembly adjourned on Saturday, June 18 th. The adjournment culminated a session that began on Wednesday, January