NC NOW’s registered lobbyist monitors activities at the statehouse and writes up these fantastic legislative updates each week! We’re following a growing number of bills that touch on NOW’s priority issues.
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2019 NC NOW Legislative Updates
We invite you to continue following the legislative updates on the NC NOW website!
September 30, 2019 – The fallout continues after the sneaky budget veto override in the House. New district maps and more.
September 16, 2019 – Representative Deb Butler refuses to yield as Republicans stage a budget veto override after informing Democratic leadership there would be no votes. Read more and see the message that caused the uproar.
September 3, 2019 – The budget veto override impasse continues while some elements both sides agree on are passed as single item bills; Governor Cooper vetoes one such bill, the Medicaid Transformation Implementation Act.
August 26, 2019 – The Equal Rights Amendment is on the agenda this week, as the ERA-NC Alliance – of which NC NOW is a lead organization and several chapters are member organizations – held a press conference to announce a billboard campaign across the state. Read more and see photos of the billboards.
June 10, 2019 – VICTORY! After many, many delays, the House voted to uphold Governor Cooper’s veto of SB359, Abortion Survivors Protection Act. Republicans needed 72 votes to override the veto and fell five votes short. Lots of other activity in the NCGA, read on!
June 3, 2019 – It’s going to be a long, hot summer. The Senate has passed its budget and virtually excluded Democrats from any participation in the process. Before discussing what the Senate budget contains, it will be helpful to review the entire budget process. The process begins with three budgets: (1) the budget that Governor Cooper proposed; (2) the budget passed by the House; (3) the budget passed by the Senate. The final product will be a single budget that House, Senate, and Governor accept. The first step in the process is to work out the differences between the House and Senate budgets. This is done by a conference committee containing members of both houses who will work together to draft a budget to send to the Governor for his signature. When the governor receives this budget he will either sign it or veto it. If he vetoes it, a new round of negotiations will take place between representatives of the governor and the legislature to arrive at a budget acceptable to all parties and which the governor will sign.
May 27, 2019 – The toxic games around scheduling a House vote on SB359, Born Alive—Abortion Survivors Protection Act, continued another week. The bill is presently on the House calendar for May 29 after being scheduled and rescheduled over and over again for weeks. Democratic House members are making heroic efforts to be present whenever the bill is scheduled for a vote, sometimes at great personal sacrifice. One representative has been leaving her husband’s hospital bedside to be present to vote, and Rep. Sydney Batch, a breast cancer patient who is recovering from a mastectomy, has always been present to vote: “I was hoping to take three weeks off to recover, but unfortunately I did not have that ability,” Batch said. “When I realized that Monday, [Republicans were] planning to hold the vote it was worth physical sacrifice and pain to come in to vote. It was extremely important for me to vote.”
May 20, 2019 – How to override a veto and other updates. The games around scheduling a House vote on SB359, Born Alive—Abortion Survivors Protection Act, continued another week. The Governor vetoed the bill on April 18, and the Senate voted to override the veto on April 30. Republicans do not have a veto-proof majority in the House—the Republicans have 65 seats and Democrats have 55. To override a veto requires a 2/3 majority (72 votes if all members are present and voting) or 2/3 of those present and voting. In order to override a veto, Republicans must either win some votes from Democratic members or call for a vote when some Democrats are absent. It looks like the veto override vote is being placed on the House calendar only to be withdrawn over and over again to allow for a head count to make certain that votes needed for an override are present in the chamber before holding a vote.
May 5, 2019 – The biggest event this week was the march and rally held by teachers and their supporters on May 1. The march was in support of better funding for our schools, better pay for teachers and other school personnel, and expansion of Medicaid funding since children without adequate medical care cannot learn. Marchers wore red for ed! The House passed its budget, which does not include funding for Medicaid expansion, and has sent it on to the Senate. It is unlikely that the budget will be amended to include funding to expand Medicaid since Republican leaders oppose including Medicaid expansion in the budget.
April 22, 2019 – The good news is that Governor Cooper has vetoed SB359, Abortion Survivors Protection Act. The bill swept through the legislature last week at dizzying speed, and the Governor vetoed it almost as soon as it hit his desk. It will be difficult for Republican supporters to over-ride the veto since an over-ride requires support of 60 percent of the legislators present and voting, and the bill did not pass with a 60 percent majority in either house. There is even more good news in this week’s report!
April 15, 2019 – A terrible abortion bill, SB359/HB602, Born Alive Abortion Survivors Protection Act, is on the fast-track to be ratified. The underlying premise of the bill, that infants showing signs of life after an attempted abortion are either actively killed or left to die, is outrageous and false. If such thing were to happen, the action would be covered by existing murder and infanticide laws. North Carolina law bans abortion after 20 weeks with narrow exceptions. Abortions after a fetus becomes viable (around 24 weeks) are extremely rare. The real tragedy is that most late-term abortions represent the loss of a wanted child. The decision to terminate a wanted pregnancy is horrendous and done only in cases of fetal abnormality incompatible with life or extreme danger to the mother in continuing the pregnancy. More details, including links to other reports from the hearing, are included in this update.
April 8, 2019 – Another bad abortion bill was introduced this week—there seems to be no end. This one, HB603, Pain Capable Unborn Child Protection Act, is really yet another attempt to ban all abortions after 20 weeks with few exceptions. The excuse for banning these abortions, however, does not hold up under scientific scrutiny. This update includes fact checking on fetal pain claims. The House has passed HB370, Require Sheriff Cooperation with ICE, which requires sheriffs to work with ICE or face fines of up to $25,000 per day if they do not. It is significant that the NC Sheriffs Association opposes this bill. Two positive bills were also filed in the Senate: SB486, North Carolina Equal Pay Act, which prohibits pay discrimination based on gender, and SB558, Enact NC Healthy Pregnancy Act, which would require businesses that hire more than 15 persons to make reasonable workplace accommodations for pregnant employees. Follow these and other bills’ progress with this update.
April 1, 2019 – This week three significant bills to protect LGBTQ rights were filed: The first bill (HB514, Equality for All) expands existing anti-discrimination law to include age, sex, gender identity, sexual orientation, military or veteran status, and genetic information—categories not covered by existing anti-discrimination law. The second bill (HB515, Full Repeal of HB2) repeals the remnants of HB2, the notorious “bathroom bill.” And the third bill (HB516) establishes professional penalties for therapists and others who use “conversion therapy” on minors or adults with disabilities in an attempt to “cure” them of same-sex attractions. Read on for more details.
March 25, 2019 – This week saw important actions on bills pertaining to sexual assault and rape. SB46 (identical to HB29) passed out of the Judiciary Committee and now is in the Senate Rules Committee. This bill appropriates funds to begin testing of the backlog of untested rape kits. The bill will need to be heard by the Appropriations Committee, where it will be considered for inclusion in the budget. North Carolina is the only state that does not permit a woman to revoke consent once sex has begun. Senator Jeff Jackson has repeatedly introduced legislation to correct this omission in our law, and he has indicated that he will try again this session. An important bill (HB393, Modernizing Sexual Assault Laws) has been introduced to tighten North Carolina law concerning how sexual assault is defined and prosecuted and to increase the chance that prosecution could result in a conviction. Under current law it is not possible to prosecute someone for administering a “date rape” drug in a beverage. This proposed law closes that loophole, by including drink as well as food. Get the full background on these and other bills in this week’s update.
March 18, 2019 – ICE practices have become increasingly brutal. Week 7 of the legislative session saw the Republicans file a bill to force the new more progressive sheriffs elected by voters to cooperate with ICE or face huge penalties. Also, Medicaid Expansion bill may have been waylaid by rookie legislator’s mistake, although there are other ways to expand Medicaid anyway.
March 11, 2019 – NC NOW Legislative Update #6 includes the ERA bills filed on 3/5/19 while women and allies filled the Legislative Building with hours of activities. It also talks about Governor Cooper’s budget and what we may expect this session.
March 4, 2019 – A bad sex education bill that was filed in the House, a good bill which contains the recommendations of the Commission on Human Trafficking, and a bill addressing paid parental leave for state employees.
February 25, 2019: This week’s report centers on redistricting.
A bill with bipartisan support( HB140, FAIR Act) to amend the state constitution to prevent gerrymandering was introduced. Also last week, a bill was introduced to establish a non-partisan redistricting commission to draw Congressional and General Assembly district lines.
February 18, 2019: The war on women’s reproductive rights continues with the introduction of two new anti-abortion bills.
The first is SB51/HB54, frighteningly called Unborn Child Protection from Dismemberment. This bill attacks late term abortion by banning a commonly used procedure called “dilation and extraction” or “D&E.” Another bill (HB13, introduced last week) attempts to block late term abortions by banning all abortion after 13 weeks.
The second anti-abortion bill introduced this week is SB52/HB53, A Second Chance for LIFE. It is a more radical version of HB22 (misnamed the Woman’s Right to Know Act) that would require a physician to misinform women having medical abortions (the “abortion pill”) that the procedure is reversible. This new version requires the physician, immediately after administering the first of two drugs, to provide the woman written misinformation about the reversibility of the procedure prepared by the Department of Health and Human Services. In addition, she would be required to sign a statement that she received the information; the original would be permanently placed in her medical record, and she would be provided a photocopy.
Prochoice advocates should contact their legislators to let them know that they oppose all of these four bills.
The good news this week is HB69, Nonpartisan Redistricting Commission. This bill is bipartisan and represents the best opportunity ever to end the extreme partisan gerrymandering that has been corrupting our elections.
The most outrageous bill introduced this week is HB65, Marriage Amendment Reaffirmation Act, which outlaws same sex marriage in North Carolina using spurious arguments that the landmark Supreme Court decision (Obergefell v. Hodges) legalizing same sex marriage is null and void North Carolina. The Whereas clauses that lead up to the text of the bill itself maintain that same sex
marriage is a tenet of a religion called Secular Humanism; therefore, legalizing same sex marriage is an unconstitutional establishment of religion. I am not making this stuff up. The reasoning goes downhill from there. Expect this outrage to die in committee.
For more information on these bills and other activity this week, get the NC NOW Legislative Update #3 – 18_February_2019.
February 11, 2019: The war on women’s reproductive rights has begun with the introduction of two threatening bills.
The first is HB 22, misnamed the Woman’s Right to Know Act. This bill would require a physician to misinform a woman seeking a medical abortion that the procedure is reversible—something not supported by any scientific study. The so-called “reversal” procedure is successful in fewer than half of the cases and may be only slightly more effective than not following through with the second step of the two-step procedure. Long-term effects are not known. For more information: see https://slate.com/technology/2018/04/abortion-reversal-seems-possible-but-we-shouldnt-promote-it.html.
The second bill (HB28) would ban all abortions after 13 weeks. North Carolina law presently bans abortion after 20 weeks. If passed, it would be
the most restrictive law not blocked by a court injunction. For more information, see https://www.wral.com/gop-seeks-new-abortion-restrictions-
in-nc/18174574/.
There is also good news in this week’s legislative update: a bill to end the rape kit backlog, a bill to use GPS to track domestic violence offenders, and a bill to extend the statute of limitations for survivors or childhood sexual violence.
Read about other action at the statehouse here: Legislative Update #2 – 11 February 2019.
February 4, 2019: The General Assembly reconvened on Wednesday, January 30 to begin this year’s session. Members were sworn in on January 9.
On January 30, Triad NOW leaders Ana Tampanna, Robin Lynne and Audrey Muck joined the ERA-NC Alliance in a call-to-action at the General Assembly. Triad NOW is a member organization of the Alliance, under NC NOW, which is a lead organization. Advocates engaged in
constituent visits to share materials supporting the Equal Rights Amendment and to call on their representatives to co-sponsor ERA bills this session. ERA bills sponsored by Senator Floyd McKissick, Jr. (Senate) and Representative Carla Cunningham (House) are expected to be filed on March 5. A press conference to announce the filing will be held on March 5, at 1pm, and Triad NOW will be there – we hope you’ll join us as we work toward Constitutional Equality for women and men!
Governor Cooper has announced that one of his top legislative priorities is to pass legislation to expand Medicaid eligibility under the Affordable Care Act (Obamacare), something that 36 states and the District of Columbia have already done. There is finally a real chance of accomplishing this goal during this session, but advocates must be active and vocal in support. Bills to expand Medicaid have already been filed (HB5/SB3).
An informal poll has identified the five issues North Carolinians most want the legislature to act on this session: (1) Medicaid Expansion, (2) Election Oversight and Security, (3) Redistricting and Voting Rights, (4) Gun Control/Gun Rights, and (5) Preserving Public Education.
Read more about this week’s actions at the statehouse: Legislative_Update_#1, 4_February_2019
2018 North Carolina NOW Legislative Update
Legislative Update July 3, 2018 – Session adjourns, but they’ll be back. Now there are 6 constitutional amendments, Governor Cooper expected to veto all 6, so there will be an override session coming soon. ERA Advocacy Day update. What bills ultimately failed in this two-year session.
Legislative Update #1: The problems with House Bill 90 (class size bill), updates on redistricting and judges’ precarious situation.
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2017 Archive:
June 18th Legislative Update: It was a very slow week at the General Assembly as budget negotiations continued behind closed doors.
The June 4th Legislative Update is all about the budget: The House and Senate have already agreed on setting the budget for 2017 fiscal year at $22.9 billion, which will simplify the final negotiations. Republicans from both houses will nominate members of a committee to work out budget compromises behind closed doors. The goal is to pass a compromise budget before the end of June. The governor will probably veto the budget; but if he does, his veto will certainly be overridden since Republicans hold veto-proof majorities in both houses.
May 28th Legislative Update. The best that can be said about the partial House budget is that it is not as bad as the Senate budget. It does not include the eligibility changes to the food stamp program that is in the Senate budget and that would result in 133,000 people losing their benefits and it keeps funding for some programs that were eliminated in the Senate budget. But the bad news is that the House budget appropriates more money for anti-abortion services than the Senate budget ($1.3 million and $400,000 respectively) and opens the door for up to five low-performing schools statewide to be taken over by charter schools, a provision not in the Senate budget.
The May 21st Legislative Update. Last week the Senate passed its budget in a rushed process that allowed for only limited debate and less than 72 hours of public availability before passage. This week the process of sorting out what the budget contains beyond appropriations and cuts continues. In addition to budgetary items, the budget also includes new policies. Including policies in a budget bill is a way to bypass the normal legislative process and pass controversial matters with little or no public notice or debate. Here’s one: cutting 133,000 hungry North Carolinians off food aid.
The May 14th Legislative Update details the General Assembly’s new low: financial retaliation against children. Remind me again, who touts themselves as the party of family values???
After frantically passing more than 200 bills last week to meet the crossover deadline, the legislature did very little this week to move bills along. We are still sorting out what occurred last week and looking forward to what to expect in the coming weeks. The budget is where the action is: read more in the May 7th Legislative Update.
The April 30th Legislative Update brings us up to speed on what happened with those vetoes, what survived the crossover deadline, and an out-of-the-blue surprise on the appeals court. Although all the bad abortion bills introduced this session did not survive the crossover deadline, we’ve seen that there are ways to revive seemingly dead bills, so we must continue to remain alert until the legislature adjourns.
The April 23rd Legislative Update highlights two vetoes by Governor Cooper this week, one to reduce the number of appeals court judges, the other to monkey with the county elections committees. Also, with the crossover deadline approaching, we turn our attention to the ERA bill from the House, HB102. Advocates are called to focus on H102 as the crossover deadline for that bill is April 27, 2017. (The crossover deadline is an agreed date by which all non-budget bills must have passed either the House or Senate to remain alive for the rest of the session, which ends after the legislature’s ‘short session’ in 2018.) ERA bill S85 is exempt from crossover deadline and will be active until the end of the session.
- Call Speaker of the House, Rep. Tim Moore at 919-733- 3451 and urge him to prioritize ERA bill H102 to be heard by committee.
- Advocates should also continue to call the members of the House and Senate Rules Committees urging that H102 and S85 be heard in committee.
- The ERA-NC Alliance (Triad NOW is a member organization) issued this action alert with some helpful tips.
The April 16th Legislative Update features HB780, The Uphold Historical Marriage bill, declaring that the Supreme Court decision legalizing same-sex marriage is null and void in North Carolina and that the constitutional amendment banning same sex marriage should be enforced. After a national outcry, Speaker Moore publicly announced that this bill will never be heard in committee, that it is dead. But damage had already been done.
The April 9th Legislative Update notes that Republican support for expanding Medicaid is increasing, with the introduction of HB62, which would require a federal waiver as well as employment and premium payments.
The April 2nd Legislative Update can be found here. HB2 “repeal” is not a clean repeal … ERA and lawsuit updates … plus bill tracking.
The March 19th Legislative Update is posted here. Governor Cooper vetoes his first bill. Budget work is underway. Protests are continuing.
The March 12th Legislative Update is posted here. HB2, partisan judicial elections, and our Senate leadership is generating fake news.
5 March 2017
Governor Cooper introduced his proposed budget for FY 2017-2018. It emphasizes increased spending on education and expanding Medicaid under the Affordable Care Act. Since Republicans have veto-proof majorities in both houses, it is more aspirational than practical, and it is unlikely that the proposals in this budget will make much progress in the General Assembly. For highlights, see: http://www.wral.com/highlights-of-gov-roy-cooper-s-proposed-state-budget/16560168/
There were dueling press conferences in the Legislative Building on the repeal of HB2. Proponents of a full repeal with no strings attached were pitted against supporters or the bipartisan HB186 that would repeal HB2 but also allow opponents of local ordinances to call for a referendum on any proposed ordinance. The Governor weighed in by observing that a compromise bill was possible if proponents of HB186 would negotiate over the referendum provision—which so far they will not do. For a fuller account, see http://www.newsobserver.com/news/politics-government/state-politics/article135420484.html
Senator Norman Sanderson of Pamlico County has filed a draconian bill to crack down on local governments and public universities that don’t comply with federal immigration laws or violate the state’s 2015 law against sanctuary city policies. The bill (S145) would strip funding from state universities that do not comply with the law and deprive local governments of revenue from a wide variety of sources. There are disturbing indications that the Senate leadership may support this bill. A milder bill (H63) is being considered in the house that does not target universities and has a shorter list of state revenue sources that would be denied to municipalities. For more details see: http://www.newsobserver.com/news/politics-government/state-politics/article135544723.html
Lawsuit Updates
Since our Republican-dominated General Assembly has been passing law after law that is being or has been challenged in court, in addition to keeping up with new legislation introduced this session, I believe it is equally important to track the status of the various challenges to laws that have already been passed.
Vote ID/Voter Suppression Law
After a Fourth Circuit Court of Appeals panel ruled key provisions of a 2013 elections law unconstitutional (noting that it targeted African American voters “with almost surgical precision”), Governor McCrory hired private attorneys to appeal the ruling to the U. S. Supreme Court on behalf of the state because then-Attorney General Roy Cooper refused to do so. Governor Cooper and Attorney General Josh Stein have dismissed these private attorneys and removed the state from the appeal of the law. This action will not end the suit because the State Board of Elections is also a party. Republican legislative leaders are crying “foul,” claiming that both the Governor and Attorney General have exceeded their authority in the matter. For more information, see: http://www.newsobserver.com/news/politics-government/state-politics/article134017644.html
Expanding Medicaid under the Affordable Care Act
Governor Cooper has emphasized that expanding Medicaid under the Affordable Care Act, which would provide medical insurance coverage for up to 500,000 North Carolinians, is one of his highest legislative priorities. He has already begun the process of expanding Medicaid even though the General Assembly passed a law in 2013 prohibiting a governor from doing so without approval from the legislature. The Governor maintains that this law is unconstitutional because it violates the separation of powers and unlawfully restricts the powers of the governor. Medicaid expansion is still before the courts as Governor Cooper and the Republicans in the General Assembly continue their fight. This article gives a good summary of the history of the issue and where it stands today: https://nondoc.com/2017/01/24/medicaid-expansion-north-carolina/
Repeal of HB2
The HB2 lawsuits are essentially on hold until the U.S. Supreme Court rules on a Virginia school case involving a transgender student, a ruling that is expected later this year. For more information see: http://www.greensboro.com/news/government/incoming-governor-roy-cooper-inherits-lead-defendant-role-in-hb/article_06bf04b0-8f42-51b6-811f-ac14bea674b4.html
2017 Legislative Election on Hold
A Federal Appeals Court ordered new legislative districts be drawn by March 15 because 28 of our legislative districts are racially gerrymandered. New elections were ordered to be held for the redrawn districts in November, but the U. S. Supreme Court has now put the lower court order to redraw NC legislative districts and hold new elections in 2017 on hold. See: http://nccapitolconnection.com/2017/01/11/scotus-issues-stay-on-2017-legislative-elections/?gclid=CMbxj9n-5NECFdgBgQodgBwF9w
Lawsuits filed as a result of the special session legislative power grab
Jack Nichols has written an excellent article summarizing and explaining the various lawsuits that have been filed in response to the legislative efforts to strip the governor of his traditional (some would argue constitutional) powers. Here is the link: www.newsobserver.com/opinion/op-ed/article129015444html. He cautions that this list is probably not complete because there likely will be more suits to come.
BILL TRACKER
House Bills:
HB62, Woman’s Right to Know Addition/Ashley’s Law: Would require doctors to give women false and misleading information about non-surgical abortions (the abortion pill); namely, that the procedure can be reversed halfway through. Also requires that fetal death be verified before completing the procedure. Referred to Health; if favorable Judiciary IV 02/09/2017
H63, Citizens Protection Act of 2017: An omnibus bill cracking down on undocumented people with economic sanctions leveled against “sanctuary” cities that do not comply with its provisions. Referred Judiciary II; if favorable Appropriations 02/09/17
HB78, Repeal/Equality for All: Repeals HB2; includes a statewide anti-discrimination law identical to that contained in HB82, but also adds tougher penalties for crimes committed in restrooms or changing facilities intended for the opposite sex. Referred to Rules 02/13/2017
HB82, Equality for All/Repeal HB2: Has the support of LGBT advocacy organizations (including NC Equity and the Human Rights Campaign) and also has the most sponsors and co-sponsors (all Democrats). In addition to repealing HB2, this bill includes a comprehensive statewide non-discrimination law that includes a number of other categories, including sexual orientation, gender identification, and military veteran status, and would explicitly support bathroom access based on gender identity along with banning discrimination in housing, employment, and all public accommodations. Referred to Rules 2/13/2017
HB100/SB136, Restore Partisan Elections/Sup and Dist Courts: Would roll back reforms that made these judicial races non-partisan and identify judicial candidates with party labels on the ballot. Committee Substitute Adopted 03/02/2017
HB102/SB85: NC Adopt Equal Rights Amendment: Title says it all. Referred to Rules 02/16/2017
HB107, Common Sense Compromise to Repeal HB2: HB107: Backed by Governor Cooper and the Democratic leadership (House Democratic Leader Darren Jackson and Senate Minority Leader Dan Blue). In addition to repealing HB2, this bill would require local governments to give the legislature 30 days notice before passing non-discrimination ordinances and also includes tougher penalties for crimes committed in bathrooms. Referred to Rules 02/16/2017
HB125, Threatened Weapon Included in First Degree Rape: Adds the threat to use a weapon to the elements of first degree rape. Under the current law there must be an actual weapon used or displayed. Referred to Judiciary II 02/20/017
HB152, Hate Crimes/Increase Scope and Penalty: Expands the scope of the hate crimes law to include gender, sexual orientation, gender identity, or disability and increases the penalty. Referred to Judiciary II 02/22/2017
HB163, Enact Right to Life at Conception Act: Would have the effect of outlawing abortion because although it would not “require” a woman to be prosecuted for terminating her pregnancy, doctors are not protected from prosecution at all. The bill does not specify the penalties for terminating a pregnancy nor does it explain how to determine the moment of conception. Referred to Health; if favorable, Judiciary I 02/23/2017
HB186, Repeal HB2/State Nondiscrimanation Policies: This bipartisan bill is worse than the “compromise” rejected during the special session late last year, and LGBT advocacy groups oppose it. It is a repeal of HB2 that would allow municipalities and other local governments to pass local ordinances provided that they did not regulate bathroom access in private facilities. In addition, if opponents are able to collect enough petition signatures, they could force a ballot referendum on any proposed ordinance. This bill is supported by various industries that have suffered economic harm from HB2, but Governor Cooper has expressed concern about the bill as written. Referred to Rules 02/27/2017
Senate Bills
SB25, Repeal HB2: This bill would repeal HB2 and restore the local human rights ordinances struck down by HB2. A “clean” bill with no other provisions. Referred to Rules 02/15/2017
SB85/HB102, NC Adopt Equal Rights Amendment: Title says it all. Referred to Rules 02/15/2017
SB136/HB100, Restore Partisan Election/Sup. And Dist. Court: See HB 100 Referred Rules 03/01/2017
SB109, Hate Crime against Emergency Worker: Makes assaulting an emergency responder, such as a law enforcement official, firefighter, or medical responder, a hate crime with enhanced penalties. Also includes making a false report in order to assault an emergency worker. Referred to Rules 02/20/2017
S145, Government Immigration Compliance: Targets sanctuary cities and sanctuary public universities that do not enforce federal immigration laws by withholding state funding. Also prohibits local law enforcement from issuing ID to undocumented people. Referred to Rules 03/01/2017
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Legislative Update #4, February 28, 2017: Robin is back! Here’s a link to the latest update:
https://northcarolinanow.files.wordpress.com/2017/02/north_carolina_now_legislative_update_4-28feb17.pdf
Legislative Update #3, February 22, 2017: With our regular lobbyist laid up with a broken femur, Paula Wolf was kind enough to step in and do an update on the bills at the General Assembly. For the sake of time, we’re linking to this one, a running list of bills plus any action taken on them so far:
https://northcarolinanow.files.wordpress.com/2017/02/north_carolina_now_legislative_update_3-22feb17.pdf
January 28, 2017
Lawsuit Updates
Since our Republican-dominated General Assembly has been passing law after law that is being or has been challenged in court, in addition to keeping up with new legislation introduced this session, I believe it is equally important to track the status of the various challenges to laws that have already been passed.
Expanding Medicaid under the Affordable Care Act
Governor Cooper has emphasized that expanding Medicaid under the Affordable Care Act, which would provide medical insurance coverage for up
to 500,000 North Carolinians, is one of his highest legislative priorities. He has already begun the process of expanding Medicaid even though the General Assembly passed a law in 2013 prohibiting a governor from doing so without approval from the legislature. The Governor maintains that this law is unconstitutional because it violates the separation of powers and unlawfully restricts the powers of the governor. This week the effort was dealt a setback after a federal judge ruled that the Republican case to block the expansion would be neither dismissed nor expedited.
See: http://www.wral.com/cooperloses-latest-round-in-medicaid-expansion-case/16478697/
Repeal of HB2
A special session called last month expressly to repeal HB2 failed to do so even though the parties (the Charlotte City Council and the Republican leadership of the legislature) seemed to have agreed to a workable deal to accomplish this goal. Basically, the deal was that Charlotte would repeal its ordinance covering rights for transgendered people and the legislature would repeal HB2. Due to technicalities and extreme mistrust on both sides, the deal fell though and we are back where we started. The Lt. Governor led the opposition to repeal and will probably continue in that role as efforts to repeal the law continue into this legislative session.
Court Status: The HB2 lawsuits are essentially on hold until the U.S. Supreme Court rules on a Virginia school case involving a transgender student, a ruling that is expected later this year. For more information see:
http://www.greensboro.com/news/government/incoming-governor-roycooper-inherits-lead-defendant-role-in-hb/article_06bf04b0-8f42-51b6-811fac14bea674b4.html
Governor Roy Cooper is continuing to negotiate a repeal of HB2. The Charlotte City Council has agreed not to reinstate its ordinance. The Governor maintains that there are sufficient votes in the legislature to repeal the law if both Republican and Democratic votes are counted; however, most legislators will not publicly commit to a repeal. The biggest hurdle is that the Republican leadership refuses to bring the matter up for a vote until a majority of Republican legislators favor repeal. Senate leader Phil Berger has recently stated that a full repeal of HB2 is not likely to happen this session. See for more details: http://www.newsobserver.com/news/politics-government/statepolitics/article129141524.htm
ACTION: Contact the Republican leadership and Republican legislators to let them know that the repeal of HB2 is too important for playing partisan politics. The law is doing harm to our state of many fronts (including economic and making us a national laughing stock) and needs to be promptly repealed whatever it takes to get the job done.
2017 Legislative Election on Hold
A Federal Appeals Court ordered new legislative districts be drawn by March 15 because 28 of our legislative districts are racially gerrymandered. New elections were ordered to be held for the redrawn districts in November, but the U. S. Supreme Court has now put the lower court order to redraw NC legislative districts and hold new elections in 2017 on hold.
See: http://nccapitolconnection.com/2017/01/11/scotus-issues-stay-on-2017-legislative-elections/?gclid=CMbxj9n-5NECFdgBgQodgBwF9w
Lawsuits filed as a result of the special session legislative power grab
Jack Nichols has written an excellent article summarizing and explaining the various lawsuits that have been filed in response to the legislative efforts to strip the governor of his traditional (some would argue constitutional) powers.
Here is the link: http://www.newsobserver.com/opinion/op-ed/article129015444html.
He cautions that this list is probably not complete because there likely will be more suits to come.
The Legislature is in Session
The most significant issue addressed this week in the legislature is a measure to undo unintended consequences of a bill passed last session. This new law reduced class size in early grades without appropriating any funds to hire more teachers—forcing local school districts either to come up with the extra money or to discontinue programs in physical education and the arts in order to hire more classroom teachers. The proposed solution is to deal with the problem by raising the ceiling on class sizes, and the House is expected to pass a bill that has already passed the Senate.
For more information, see: http://www.newsobserver.com/news/politicsgovernment/state-politics/article128629409.html
What to Expect
Since this is a new long session, no bills will be carried over from previous sessions. Many important issues need to be dealt with in addition to expansion of Medicaid and repeal of HB2. There will probably be new moves to restrict voting rights, a new budget will need to be written and passed, new legislative districts may need to be drawn, and environmental issues will loom large. There seems to be bipartisan agreement to raise the age when teenagers can be prosecuted as adults, but time will tell whether this preliminary consensus will hold.
Since Republicans still hold veto-proof majorities in both houses, they have little incentive to try to work with the Governor or Democrats in a bipartisan manner.
If the Republican practice of writing bills in secret and ramming them through along partisan lines continues, Governor Cooper may be using his veto pen a lot. Any vetoes can be over-ridden, which will mean that the courts will continue to be where the action is.
That being said, it is still vitally important that legislators receive input from you.
Be sure to thank those who do good work for us and be sure to push back when bad actions are being considered or have happened. Your voice really does make a difference—and this will be especially true if the court requires new legislative districts to be drawn. Buckle up, Buttercup, because it is going to be a bumpy ride.
–Robin Davis
~∴~
January 15, 2017
Cooper’s Legislative Agenda
Days after his inauguration, Governor Cooper announced that expanding Medicaid under the Affordable Care Act and repealing HB2 would be two of his highest legislative priorities. He has already begun the process of expanding Medicaid even though the legislature passed a law in 2013 prohibiting a governor from doing so without approval from the legislature. The Governor maintains that this law is unconstitutional because it violates the separation of powers and unlawfully restricts the powers of the governor. Expect fireworks and lawsuits over this issue. A federal judge has just announced a two-week stay on the application while the case is reviewed: http://www.wral.com/court-blocks-nc-medicaid-expansion-effort/16434322/
A special session called last month expressly to repeal HB2 failed to do so even though the parties (the Charlotte City Council and the Republican leadership of the legislature) seemed to have agreed to a workable deal to accomplish this goal. Basically, the deal was that Charlotte would repeal its ordinance covering rights for transgendered people and the legislature would repeal HB2. Due to technicalities and extreme mistrust on both sides, the deal fell though and we are back where we started. The Lt. Governor led the opposition to repeal and will probably continue in that role as efforts to repeal the law continue into this legislative session.
2017 Legislative Election on Hold
After a Federal Appeals Court ordered new legislative districts be drawn by March 15 because 28 of our legislative districts are racially gerrymandered. New elections were ordered to be held for the redrawn districts in November, but the U. S. Supreme Court has put that order on hold until January 19 when the justices will hold a conference to decide whether to keep the existing districts. Depending on the outcome of the conference, we may or may not have a special election in November. The legislature may need to redraw district maps this session.
The Legislature is in Session
The 2017 long session of the General Assembly officially began on Wednesday, January 11, but this day was largely ceremonial. House and Senate members formally adopted rules for the upcoming session, but will not begin to introduce bills or conduct other business until the House convenes on January 25 and the Senate convenes on January 26.
Since this is a new long session, no bills will be carried over from previous sessions. Many important issues need to be dealt with in addition to expansion of Medicaid and repeal of HB2. There will probably be new moves to restrict voting rights, a new budget will need to be written and passed, new legislative districts may need to be drawn, and environmental issues will loom large. There seems to be bipartisan agreement to raise the age when teenagers can be prosecuted as adults, but time will tell whether this preliminary consensus will hold.
Since Republicans still hold veto-proof majorities in both houses, they have little incentive to try to work with the Governor or Democrats in a bipartisan manner. If the Republican practice of writing bills in secret and ramming them through along partisan lines continues, Governor Cooper may be using his veto pen a lot. Any vetoes can be over-ridden, which will mean that the courts will continue to be where the action is.
That being said, it is still vitally important that legislators receive input from you. Be sure to thank those who do good work for us and be sure to push back when bad actions are being considered or have happened. Your voice really does make a difference—and this will be especially true if the court requires new legislative districts to be drawn. Buckle up Buttercup because it is going to be a bumpy ride.
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