Bills filed January 30

Bills filed January 30

House

H2 Honor Representative William L. Wainwright. H 01/30/2013 Filed
H3 Honor Representative Larry R. Brown. H 01/30/2013 Filed
H4 UI Fund Solvency & Program Changes. H 01/30/2013 Filed
H5 Temporary Funding Extension for Group Homes. H 01/30/2013 Filed
H6 NC Right to Work/Secret Ballot Amendments. H 01/30/2013 Filed
H7 Eugenics Compensation Program. H 01/30/2013 Filed
H8 Eminent Domain. H 01/30/2013 Filed
H9 Speaker/Pro Tem Term Limits. H 01/30/2013 Filed
H10 Remove Route Restriction for NC 540 Loop. H 01/30/2013 Filed
H11 Special Election Dates. H 01/30/2013 Filed
H12 Increase Retirement Age for Judges. H 01/30/2013 Filed
H13 State Agency Property Use/Biennial Report. H 01/30/2013 Filed
H14 Rev Laws Technical, Clarifying, & Admin. Chg. H 01/30/2013 Filed
H15 Various Emergency Management Changes. H 01/30/2013 Filed
H16 (= S4) No N.C. Exchange/No Medicaid Expansion. H 01/30/2013 Filed
H17 Gun Permits/Restaurants & Confidentiality. H 01/30/2013 Filed
H18 Youth Skin Cancer Prevention Act. H 01/30/2013 Filed
H19 Respect our Fallen Heroes. H 01/30/2013 Filed
H20 Jt Session/State Bd of Ed Confirmation. H 01/30/2013 Filed
H21 Joint Session/State Bd of Ed Confirmation. H 01/30/2013 Filed
H22 Authorize Various Special Plates. H 01/30/2013 Filed
H23 Digital Learning Competencies/School Emp’ees. H 01/30/2013 Filed
H24 DV Abuser Treatment Program/Notifications. H 01/30/2013 Filed
H25 Amend Felony Breaking or Entering. H 01/30/2013 Filed
H26 Strengthen Laws/Vehicle Theft. H 01/30/2013 Filed
H27 Workers’ Comp Fund/Safety Workers Allocation. H 01/30/2013 Filed
H28 Henderson County Fire Districts. H 01/30/2013 Filed
H29 Methamphetamine/Offense/Penalties. H 01/30/2013 Filed
H30 Repeal Combined M.V. Registration/Tax System. H 01/30/2013 Filed

Senate

 

S3 Western Crime Lab Funds/Amend Evidence Laws. S 01/30/2013 Filed
S4 (= H16) No N.C. Exchange/No Medicaid Expansion. S 01/30/2013 Filed
S5 Rev Laws Technical, Clarifying, & Admin. Chg. S 01/30/2013 Filed
S6 UI Fund Solvency & Program Changes. S 01/30/2013 Filed
S7 Honor Don East. S 01/30/2013 Filed
S8 Increase Fine for Vehicle Removal. S 01/30/2013 Filed
S9 Utilities/Design/Survey Location Services. S 01/30/2013 Filed
S10 Eliminate Obsolete Boards and Commissions. S 01/30/2013 Filed
S11 Establish Organ Donation Month. S 01/30/2013 Filed
S12 Appoint Superintendent of Public Instruction. S 01/30/2013 Filed
S13 Propane Gas Tax Equalization Act. S 01/30/2013 Filed
S14 Increase Access To Career/Technical Ed. S 01/30/2013 Filed
S15 Honor Jean Preston. S 01/30/2013 Filed
S16 Revoke License for Passing Stopped School Bus. S 01/30/2013 Filed
S17 Concealed Carry Permits/Validity. S 01/30/2013 Filed
S18 Amend Locksmith License Act/Raise Fee Ceiling. S 01/30/2013 Filed
S19 Bldg. Contracts/Local Business Participation. S 01/30/2013 Filed
S20 Good Samaritan Law/Naloxone Access. S 01/30/2013 Filed
S21 Permanent License Plates for Churches. S 01/30/2013 Filed
S22 33rd Senatorial District Local Act-1. S 01/30/2013 Filed
S23 Tobacco Free Community Colleges. S 01/30/2013 Filed

Today in the legislature – January 31

A lot on the list today, including a hearing on Senate Bill 4, which will prevent the state from setting up an insurance exchange under the Affordable Care Act, a move that preempts a decision by Governor Pat McCrory, who has yet to announce his preference.

Also to be heard by committees today are a fix for the group home funding gap and the proposed changes to the state’s unemployment insurance system.

Once they are heard, the votes on these bills could come today. Both chambers open up for brief session in the morning and return around noon for a full session. House Speaker Thom Tillis told members to expect the session to last about four hours.

Driving the schedule temporarily are Governor McCrory’s nominations to the state school board. The governor would like to get them seated before the board meets next Wednesday.
Via the legislative calendar:

Thu, January 31, 2013
10 MINUTES AFTER RECESS
Finance (House)
544 LOB
10 MINUTES AFTER RECESS
Appropriations (House)
643 LOB
9:00 AM
Session Convenes (House)
House
9:00 AM
Session Convenes (Senate)
Senate
10:00 AM
Insurance (Senate)
No N.C. Exchange/No Medicaid Expansion. (S4)

1027/1128 LB
10:00 AM
Senate Insurance
1027/1128 LB
11:30 AM
Rules, Calendar, and Operations of the (House)
Jt Session/State Bd of Ed Confirmation. (H20)

1228/1327 LB

Roundups
WRAL – Lawmakers not waiting on governor’s Medicaid decision
N&O – Dome Morning Memo (due around 9 a.m.) also GOP lawmakers assert states’ rights on health care and jobless insurance

No public employee collective bargaining, union ballot rules in new right-to-work bill

Introduced this morning by House Speaker Thom Tillis with Representatives Moffitt and Murray, this bill contains a provision calling for a constitutional amendment on secret ballot voting.
House Bill 6 Main Page

A BILL TO BE ENTITLED

AN ACT amending the north carolina constitution to guarantee the right of an Individual to work, TO make contracts between a unit of government and a labor organization as bargaining agent concerning public employees illegal, and to PRESERVE THE RIGHT OF AN INDIVIDUAL TO VOTE BY SECRET BALLOT FOR An election, DESIGNATION, or authorization FOR EMPLOYEE REPRESENTATION BY A LABOR ORGANIZATION.

The General Assembly of North Carolina enacts:

PART I. GUARANTEE RIGHT TO WORK

SECTION 1.1. Article I of the North Carolina Constitution is amended by adding a new section to read:

“Sec. 38. Right to Work.

The right to live includes the right to work. The exercise of the right to work must be protected and maintained free from undue restraints and coercion. It is hereby declared to be the public policy of North Carolina that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization or association.”

SECTION 1.2. The amendment set out in Section 1.1 of this act shall be submitted to the qualified voters of the State at the general election in November 2014, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:

“[ ] FOR [ ] AGAINST

Constitutional amendment to provide that the right to live includes the right to work and therefore the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization or association.”

SECTION 1.3. If a majority of votes cast on the question are in favor of the amendment set out in Section 1.1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office.

SECTION 1.4. The amendment set out in Section 1.1 of this act is effective upon certification.

PART II. NO PUBLIC EMPLOYEE COLLECTIVE BARGAINING

SECTION 2.1. Article I of the North Carolina Constitution is amended by adding a new section to read:

“Sec. 39. Contracts between units of government and labor unions, trade unions, or labor organizations concerning public employees declared to be illegal.

Any agreement or contract between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or between any agency, instrumentality, or institution of the State of North Carolina, and any labor union, trade union, or labor organization, as bargaining agent for any public employees of such city, town, county, or other municipality, or agency or instrumentality of government, is hereby declared to be against the public policy of the State, illegal, unlawful, void, and of no effect.”

SECTION 2.2. The amendment set out in Section 2.1 of this act shall be submitted to the qualified voters of the State at the general election in November 2014, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:

“[ ] FOR [ ] AGAINST

Constitutional amendment providing that any contract between a unit of government and a labor union, trade union, or labor organization as bargaining agent for public employees is illegal.”

SECTION 2.3. If a majority of votes cast on the question are in favor of the amendment set out in Section 2.1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office.

SECTION 2.4. The amendment set out in Section 2.1 of this act is effective upon certification.

PART III. PRESERVE RIGHT TO SECRET BALLOT ON EMPLOYEE REPRESENTATION

SECTION 3.1 Article I of the North Carolina Constitution is amended by adding a new section to read:

“Sec. 40. Secret ballot on employee representation.

The fundamental right of an individual to vote by secret ballot for employee representation by a labor organization shall be guaranteed where State or federal law permits or requires elections, designations, or authorizations for employee representation by a labor organization.”

SECTION 3.2. The amendment set out in Section 3.1 of this act shall be submitted to the qualified voters of the State at the general election in November 2014, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:

“[ ] FOR [ ] AGAINST

Constitutional amendment providing that the fundamental right of an individual to vote by secret ballot for employee representation by a labor organization shall be guaranteed where State or federal law permits or requires election, designation, or an authorization for employee representation by a labor organization.”

SECTION 3.3. If a majority of votes cast on the question are in favor of the amendment set out in Section 3.1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office.

SECTION 3.4. The amendment set out in Section 3.1 of this act is effective upon certification.

PART IV. EFFECTIVE DATE

SECTION 4.1 This act is effective when it becomes law.

Bill would prevent NC insurance exchange, medicaid expansion

Filed this morning by Rules chair Tom Apodaca and Senators Brown and Rucho:
Senate Bill 4 Main Page

A BILL TO BE ENTITLED

AN ACT (1) to clarify the State’s intent not to operate a State‑Run or “Partnership” health Benefit Exchange, (2) to provide that FUTURE medicaid eligibility determinations will be made by the State rather than the Federally facilitated Exchange, AND (3) to Reject the Affordable Care Act’s optional medicaid expansion.

The General Assembly of North Carolina enacts:

SECTION 1.(a) Section 23.3 of S.L. 2011‑145, created by Section 49 of S.L. 2011‑391, is repealed.

SECTION 1.(b) G.S. 58‑2‑40(10) is repealed.

SECTION 1.(c) The General Assembly reserves the authority to define the State’s level of interaction, if any, with the federally facilitated Health Benefit Exchange that will operate in the State. No department, agency, or institution of this State shall enter into any contracts or commit any resources for the provision of any services related to the federally facilitated Health Benefit Exchange under a “Partnership” Exchange model, except as authorized by the General Assembly. No department, agency, or institution of this State shall take any actions not authorized by the General Assembly toward the formation of a State‑run Health Benefit Exchange. It is not the intent of this section to prohibit State‑federal interaction that does not pursue a State‑run Exchange or “Partnership” Exchange model.

SECTION 1.(d) The Department of Insurance and Department of Health and Human Services shall cease all expenditures funded by the following Exchange‑related grants from the federal government: (i) Exchange Planning Grant and (ii) Level One Cooperative Agreement Establishment Grant. Any contract between a third party and the State to provide services funded by such grants is hereby terminated on the grounds that funding no longer exists. The Departments shall review all grant‑related expenditures that preceded the effective date of this act and shall draw down grant funds sufficient to reimburse the State for any unpaid expenditures allowed under the grants. The Department of Insurance shall notify the Secretary of United States Department of Health and Human Services that the State will no longer be drawing down Exchange‑related grant funds. It is not the intent of this section to impact any grant funding for premium review.

SECTION 2. The Department of Health and Human Services shall ensure that the North Carolina Families Accessing Services through Technology (NC FAST) information technology system can provide Medicaid eligibility determinations for the federally facilitated Health Benefit Exchange that will operate in North Carolina and shall provide such determinations for the Exchange.

SECTION 3. The General Assembly reserves the authority to determine whether or not to expand the State’s Medicaid eligibility under the Medicaid expansion provided in the Affordable Care Act, P.L. 111‑148, as amended, but for which the enforcement was ruled unconstitutional by the U.S. Supreme Court in National Federation of Independent Business, et al. v. Sebelius, Secretary of Health and Human Services, et al., 132 S. Ct. 2566 (2012). No department, agency, or institution of this State shall attempt to expand the Medicaid eligibility standards provided in S.L. 2011‑145, as amended, or elsewhere in State law, unless directed to do so by the General Assembly.

SECTION 4. This act is effective when it becomes law.

Bills filed January 30

List of bills filled as of today with several brand new as of this morning including Cardcheck, 540 route, and a bill to prevent NC from setting up an insurance exchange.

Via NCGA:

H1 Temporary House Rules. H 01/09/2013 Adopted
H2 Honor Representative Wainwright. H 01/30/2013 Filed
H3 Honor Representative Larry Brown. H 01/30/2013 Filed
H4 UI Fund Solvency & Program Changes. H 01/30/2013 Filed
H5 Temporary Funding Extension for Group Homes. H 01/30/2013 Filed
H6 NC Right to Work/Secret Ballot Amendments. H 01/30/2013 Filed
H7 Eugenics Compensation Program. H 01/30/2013 Filed
H8 Eminent Domain. H 01/30/2013 Filed
H9 Speaker/Pro Tem Term Limits. H 01/30/2013 Filed
H10 Remove Route Restriction for NC 540 Loop. H 01/30/2013 Filed
S1 Senate Permanent Rules. S 01/09/2013 Adopted
S2 Adjournment Resolution. R 01/09/2013 Ch. Res 2013-1
S3 Western Crime Lab Funds/Amend Evidence Laws. S 01/30/2013 Filed
S4 No N.C. Exchange/No Medicaid Expansion. S 01/30/2013 Filed

Big haul expected for caucus fundraiser

Paying –> playing.

Democracy NC keeps the heat on:

Caucus Fundraisers on Eve of Session,
New Records Set in 2012 Election

On the eve of tomorrow’s General Assembly session, you might think legislators are meetings with their constituents, discussing their concerns about what state government should do. Well, that’s not exactly what you get in today’s General Assembly, where many seats cost more than $250,000 to win and money is always on the mind.

Tonight, the NC Republican House Caucus will hold a gala fundraiser at the Cardinal Club with tickets from $150 to $10,000. Because of ethics rules, lobbyists are not allowed to contribute to a legislator’s campaign committees, but they can give to party organizations. The invitation to tonight’s event makes it plain: “Lobbyists registered in North Carolina are not prohibited from contributing to the NC Republican House Caucus.” The underlying message is also clear: Pay up if you want to be a serious player in the session this year.

Other caucuses are doing the same, and have long done so, from both parties. The caucus accounts within the political parties allow legislative leaders to suck in special-interest money all year long and also develop solidarity and discipline among legislators. Each caucus member is expected to donate something from their campaign, and chairs of major committees are expected to put in more, if they want to keep their positions. The millions in the caucus fund then gets spent in several hotly contested races that help the members keep or retake their majority status and power.

As the Democracy North Carolina chart shows, the caucus money system was perfected by Senate Democrats Marc Basnight and Tony Rand, but in their first effort as the incumbent majority, the GOP House and Senate caucuses have broken all records for the amounts of money pulled in and then spent on target races. An article in today’s Charlotte Observer helps explains how the system works.