Category Archives: Policy

Um, no indeed

Now why would the state’s Secretary of DHHS blame this on the Insurance Commissioner? Because it is unpopular? Because he’s a Democrat? Because his title has the word insurance in it?

From this morning’s Under the Dome via a story in NC Health News

When challenged by a doctor on the decision not to expand the government health insurance to about 500,000 working-class people, Wos said state Insurance Commissioner Wayne Goodwin made the decision.

Um, no.

That decision came from the legislature and Gov. Pat McCrory, who hired Wos.

For the record, the Department of Insurance backed Medicaid expansion under the Affordable Care Act.

NC Health News — Wos Says Decision to Not Expand Medicaid Was Goodwin’s Call

I have so been waiting for this submerged lands bill

Anyone who tuned in to the legislature post-election and pre-session got a chance to catch up on the history of water policy in North Carolina. Some absolutely fascinating history and legal aspects — lots of common law stuff. One of the very interesting things discussed was that the state owns the land under its rivers and other public waters. Due to some recent case law, it was decided that the state probably ought to document that. (Correct me if I’m wrong on that submerged lands experts.)
Senate Bill 345 Statewide Submerged Lands Survey Main Page
So, I guess as one of those people who wondered what would come of those discussions from last winter, this is the bill I’ve most anticipated. It sounds strange, but could turn out to be a pretty big deal.

Short Title:        Statewide Submerged Lands Inventory. (Public)
Sponsors: Senator Hartsell (Primary Sponsor).
Referred to:  

 

A BILL TO BE ENTITLED

AN ACT to improve the oversight and management of state‑owned submerged lands, including initiating a process to inventory claims on state‑owned submerged lands.

The General Assembly of North Carolina enacts:

SECTION 1. The Department of Administration shall modify the existing State property database to include a field to indicate whether or not an item within the database includes submerged land. The Department of Administration shall modify the database no later than April 15, 2014, and shall report to the Joint Legislative Commission on Governmental Operations on the completion of the modification no later than that date.

SECTION 2. No structures may be placed on State‑owned submerged lands after the effective date of this act without an easement granted by the Department of Administration. The Department of Administration shall record such easements, if granted, within the State property database using the database field required to be added by Section 1 of this act. This section should not be construed to validate or authorize the presence of any existing structures on State‑owned submerged lands.

SECTION 3. The Department of Administration shall adopt rules specifying the process for how to obtain utility easements on submerged lands, including any fees. The Department shall adopt rules no later than April 15, 2014, and shall report to the Joint Legislative Commission on Governmental Operations on the new rules no later than that date.

SECTION 4. The Department of Administration shall develop and implement procedures with the Department of Environment and Natural Resources for implementing G.S. 146‑8, which relates to the disposition of mineral deposits in State lands under water. The Department of Administration and Department of Environment and Natural Resources shall implement these procedures no later than April 15, 2014, and shall report to the Joint Legislative Commission on Governmental Operations on the implementation status no later than that date.

SECTION 5.(a) Article 4 of Subchapter I of Chapter 146 of the General Statutes is amended by adding the following new section:

§ 146‑20.2.  Non‑coastal submerged lands inventory.

(a) Inventory Process. — The Department of Environment and Natural Resources, Division of Water Resources, in conjunction with the Department of Administration and the Office of the Attorney General, shall inventory all State‑owned submerged lands in non‑coastal counties and shall determine the validity of the claims submitted under this section. In evaluating claims registered pursuant to this section, the Division shall favor public ownership of submerged lands and public trust rights. The provisions of this section shall not apply to the land lying under any private fish pond, irrigation pond, or other waterway not owned by the State.

(b) Claims Submission. — Every person claiming any interest in any part of the bed lying under navigable waters of any non‑coastal county of North Carolina or any right of fishery in navigable waters of any non‑coastal county superior to that of the general public shall register the grant, charter, or other authorization under which the person claims with the Department of Environment and Natural Resources, Division of Water Resources. Such registration shall be accompanied by a survey of the claimed area, meeting criteria established by the Division. Registering any claim with the Division in no way implies recognition by the State of the validity of the claim.

(c) Notice by Publication. — The Division shall give notice of the claims process under this section at least once each calendar year for three years by publication in a newspaper or newspapers of general circulation throughout all non‑coastal counties of the State.

(d) Unfiled Claims Void. — All rights and titles not registered in accordance with this subsection on or before December 31, 2015, are hereby declared null and void.

(e) Annual Report. — On or before September 1 of each year, the Department of Environment and Natural Resources, Division of Water Resources, shall report to the Joint Legislative Commission on Governmental Operations on the following:

(1) The total number of new claims registered.

(2) The number of claims registered that were resolved during the preceding year.

(3) The cost of resolving the claims that were resolved during the preceding year.

(4) The number of unresolved claims.

(5) The projected completion date of the inventory process.

(f) Definition. — For the purpose of this subsection, “non‑coastal county” shall mean all the counties not included in the definition of “coastal counties” in G.S. 113‑205(a).

SECTION 5.(b) The sum of three hundred twenty‑eight thousand dollars ($328,000) is appropriated from the General Fund to the Department of Environment and Natural Resources, Division of Water Resources, for fiscal year 2013‑2014 for the personnel and other expenses associated with inventorying State‑owned submerged lands under G.S. 146‑20.2, as enacted by this section. Three new positions are authorized, to be paid from these funds: one attorney, one paralegal, and one administrative assistant.

The sum of five hundred fifty thousand dollars ($550,000) is appropriated from the General Fund to the Department of Environment and Natural Resources, Division of Water Resources, for fiscal year 2014‑2015, recurring, for the personnel and other expenses associated with inventorying State‑owned submerged lands under G.S. 146‑20.2, as enacted by this section. In addition to the three positions authorized for fiscal year 2013‑2014, the following new positions are authorized effective for fiscal year 2014‑2015, to be paid from these funds: three paralegals and one geographic information system (GIS) specialist.

SECTION 6. Section 5(b) of this act becomes effective July 1, 2013. The remainder of this act is effective when it becomes law.

Bill would eliminate extraterritorial jurisdiction

House Bill 264, filed this morning, would go a step further than most bills aimed at the power of cities and towns, eliminating the authority of municipalities to regulate beyond their borders.
H264 Justice for Rural Citizens Main Page

 

Short Title:        Justice for Rural Citizens Act. (Public)
Sponsors: Representative Pittman.
Referred to:  

A BILL TO BE ENTITLED

AN ACT to remove the injustice of extraterritorial jurisdiction by declaring that no city, town, village, or other political subdivision within the state may have or exercise any jurisdiction beyond its corporate limits.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 160A‑360 and G.S. 160A‑362 are repealed.

SECTION 2. Because citizens dwelling outside the corporate limits may not vote in an election for the officers of a city, town, village, or other political subdivision, no city, town, village, or other political subdivision in this State shall have or exercise any jurisdiction beyond its corporate limits.

SECTION 3. This act becomes effective January 1, 2014.

Blue Monday Shad Fry legislation

Finally.
House Bill 241 Main Page

Short Title:        Blue Monday Shad Fry. (Public)
Sponsors: Representatives Brisson and Waddell (Primary Sponsors).
Referred to:  

 

A BILL TO BE ENTITLED

AN ACT to make the Blue Monday shad fry in east arcadia located on the cape fear river lock and dam #1 in bladen county and southeast columbus county the official state blue monday shad fry.

Whereas, the community of East Arcadia has been holding an Annual Shad Fry on the Monday following Easter Sunday for more than 60 years; and

Whereas, this Annual Shad Fry was founded and financed by Bernard Carter, Chester Graham, and Archie Graham around 1950; and

Whereas, Jesse Blanks, Wendell Brown, and Jerry Graham have assumed this position since the 1988 death of Mr. Carter; and

Whereas, this event has been supported by local men such as Teddy Hall, John Leslie Carter, Harry Blanks, Curtis Bowen, Cleo Spaulding, Odell Graham, George Graham, Sr., and Thurman Blanks, who catch, clean, and donate the shad; and

Whereas, this event garners support from the Town of East Arcadia and surrounding communities and hosts visitors from across North Carolina and other states such as Maryland, New Jersey, Connecticut, Texas, and Washington; and

Whereas, this is a day of reunion, remembering, and fellowship for all comers with upward of 1,000 individuals attending during the day; and

Whereas, it is the desire of the community to continue this tradition; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 145‑33 is amended by adding a new subsection to read:

“§ 145‑33.  State Shad festival.Festival; Blue Monday Shad Fry.

(a) The Grifton Shad Festival is adopted as the official Shad Festival of the State of North Carolina.

(b) The East Arcadia Blue Monday Shad Fry is adopted as the official Blue Monday Shad Fry of the State of North Carolina.

SECTION 2. This act is effective when it becomes law.

New DACA license bill would stop DOT ‘pink stripe’ design

A new bill introduced yesterday would require the state to issue licenses for people who qualify under the Deferred Action for Childhood Arrivals initiative and prohibit the DOT from making them distinguishable from regular licenses. The department announced recently it would issue licenses that include a pink stripe and the words NO LAWFUL STATUS written in red and caps.

Short Title:        Allow Drivers Licenses for DACA Beneficiaries. (Public)
Sponsors: Representatives Luebke, Gill, Glazier, and McManus (Primary Sponsors).
Referred to:  

A BILL TO BE ENTITLED

AN ACT to clarify that beneficiaries of the federal deferred action for childhood arrivals initiative are eligible to obtain a drivers license in this state.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 20‑7(s) reads as rewritten:

“(s)       Notwithstanding the requirements of subsection (b1) of this section that an applicant present a valid social security number, the Division shall issue a drivers license of limited duration, under subsection (f) of this section, to an applicant applicant, including a beneficiary of the federal Deferred Action for Childhood Arrivals (DACA) initiative, present in the United States who holds valid documentation issued by, or under the authority of, the United States government that demonstrates the applicant’s legal presence of limited duration in the United States if the applicant presents that valid documentation and meets all other requirements for a license of limited duration. Notwithstanding the requirements of subsection (n) of this section addressing background colors and borders, a drivers license of limited duration issued under this section shall bear a distinguishing mark or other designation on the face of the license clearly denoting the limited duration of the license. However, a license of limited duration granted to a beneficiary of the federal DACA initiative shall not be distinguishable in any manner from other licenses issued pursuant to this subsection.

SECTION 2. This act is effective when it becomes law.

More via the Mercury

Carolina Mercury – Pink licenses were OK’d by McCrory

Bill would require teaching that abortion causes preterm births

Filed yesterday by Senators Daniel, Tillman, and Randleman
S132 Main Page

Short Title:        Health Curriculum/Preterm Birth. (Public)
Sponsors: Senators Daniel, Tillman, and Randleman (Primary Sponsors).
Referred to:  

 

A BILL TO BE ENTITLED

AN ACT TO include instruction in the school health education program on the preventable causes of preterm birth, including induced abortion as a cause of preterm birth in subsequent pregnancies, AS RECOMMENDED BY THE NORTH CAROLINA CHILD FATALITY TASK FORCE.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 115C‑81(e1)(1) reads as rewritten:

“(e1)     School Health Education Program to Be Developed and Administered.

(1)        A comprehensive school health education program shall be developed and taught to pupils of the public schools of this State from kindergarten through ninth grade. This program includes age‑appropriate instruction in the following subject areas, regardless of whether this instruction is described as, or incorporated into a description of, “family life education”, “family health education”, “health education”, “family living”, “health”, “healthful living curriculum”, or “self‑esteem”:

a.         Mental and emotional health.

b.         Drug and alcohol abuse prevention.

c.         Nutrition.

d.         Dental health.

e.         Environmental health.

f.          Family living.

g.         Consumer health.

h.         Disease control.

i.          Growth and development.

j.          First aid and emergency care, including the teaching of cardiopulmonary resuscitation (CPR) and the Heimlich maneuver by using hands‑on training with mannequins so that students pass a test approved by the American Heart Association, or American Red Cross. Schools shall use for this purpose an instructional program developed by the American Heart Association, the American Red Cross, or other nationally recognized programs that is based on the most current national evidence‑based emergency cardiovascular care guidelines for CPR. Schools shall maintain documentation in an electronic database that students have successfully completed CPR instruction to meet Healthy Living Essential Standards. Successful completion of instruction in CPR shall be a requirement for high school graduation by the 2014‑2015 school year.

k.         Preventing sexually transmitted diseases, including HIV/AIDS, and other communicable diseases.

l.          Reproductive health and safety education. The instruction program shall include information about the preventable causes of preterm birth, including induced abortion as a cause of preterm birth in subsequent pregnancies.

m.        Bicycle safety.

As used in this subsection, “HIV/AIDS” means Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome.”

SECTION 2. To facilitate the implementation of this act, within 60 days of this act becoming effective and annually thereafter, the Department of Health and Human Services, Division of Public Health, shall provide to the Department of Public Instruction sample educational materials with the most current information available about the preventable causes of preterm birth, including induced abortion as a cause of preterm birth in subsequent pregnancies.

SECTION 3. This act is effective when it becomes law and applies beginning with the 2013‑2014 school year.

Bill would require cursive by 5th grade and memorization of multiplication tables

I kid you not.

H146 Main Page

Short Title:        Back to Basics. (Public)
Sponsors: Representatives Hurley and Warren (Primary Sponsors).
Referred to:  

A BILL TO BE ENTITLED

AN ACT to require the state board of education to ensure instruction in cursive writing and memorization of multiplication tables as a part of the basic education program.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 115C‑81 is amended by adding new subsections to read:

(k) Cursive Writing. — The standard course of study shall include the requirement that the public schools provide instruction in cursive writing so that students create readable documents through legible cursive handwriting by the end of fifth grade.

(l) Multiplication Tables. — The standard course of study shall include the requirement that students enrolled in public schools memorize multiplication tables to demonstrate competency in efficiently multiplying numbers.

SECTION 2. This act is effective when it becomes law and applies beginning with the 2013‑2014 school year.

Bill filed to stop drivers licenses under DACA

After a long battle to win the right to drivers licenses under DACA – the federal Deferred Action for Childhood Arrivals initiative, which allows for a more normal life for undocumented individuals brought here as children – a bill filed today would put a moratorium on issuing licenses until the General Assembly reviews the matter.

H 141 Main Page

Short Title:        DACA Beneficiaries/Drivers License Moratorium. (Public)
Sponsors: Representatives Brody, J. Bell, Lambeth, and Millis (Primary Sponsors).
Referred to:  

 

A BILL TO BE ENTITLED

AN ACT to ENABLE THE GENERAL ASSEMBLY TO FULLY INVESTIGATE AND DELIBERATE ON ALL AVAILABLE OPTIONS FOR PROTECTING THE INTERESTS OF THE STATE AND ITS CITIZENS WITH REGARD TO THE FEDERAL DEFERRED ACTION FOR CHILDHOOD ARRIVALS INITIATIVE.

Whereas, federal immigration laws are complicated, inconsistent, and confusing; and

Whereas, these problems have been exacerbated by the federal government’s failure to enforce existing laws and to protect the nation’s borders; and

Whereas, the Deferred Action for Childhood Arrivals (DACA) initiative announced by the United States Secretary of Homeland Security on June 15, 2012, compounds the confusion in federal immigration law rather than diminishes it; and

Whereas, rather than working with the General Assembly to craft a careful and deliberate legislative response to the DACA initiative, the previous administration merely requested a North Carolina Attorney General’s opinion; and

Whereas, the Office of the Attorney General issued an opinion on January 17, 2013, that further complicates the application of the law in this State; and

Whereas, possession of a valid drivers license has traditionally been one of the main methods by which residents of this State demonstrate their eligibility to receive various benefits and entitlements and to exercise various fundamental rights; and

Whereas, granting drivers licenses to a whole new class of individuals may therefore have far reaching ramifications for numerous State programs, benefits, and rights; and

Whereas, the complexity of these issues requires a carefully crafted legislative response, undertaken only after thorough investigation and deliberation by the people’s elected representatives in the General Assembly; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1. Notwithstanding G.S. 20‑7(b1) or (s) or any other provision of law, the Division of Motor Vehicles shall not issue a drivers license of any kind to an applicant whose lawful presence was derived through the Deferred Action for Childhood Arrivals initiative announced by the United States Secretary of Homeland Security on June 15, 2012.

SECTION 2. This act is effective when it becomes law and expires on June 15, 2013.

WRAL – Bill would put DACA licenses on hold