Neighbors on Call’s NC Policy Update for 2/20/23

Governance

• On Wednesday the NC House approved a rules change that would provide less notice of veto override votes than in previous years. The adopted rule, which allows for a same-day override vote when either the governor vetoes a bill or the Senate votes to override a veto, was a “compromise” solution that provides more notice than the temporary rule change Republicans approved last month. Other veto override votes will need to be put on the House calendar and therefore scheduled at least one day in advance.

• WRAL: “Spate of bills the latest volleys in longtime power struggle between NC legislature and governor”

Voting Rights and Fair Representation

• The NC Supreme Court set dates in mid-March to rehear cases on voter ID and redistricting. Both cases were decided recently when the court had a Democratic majority; once Republicans controlled the court, they made the unprecedented decision to rehear the two controversial cases. The redistricting case, in which the court previously found that the state Senate map was unconstitutionally gerrymandered, will be reheard at 12:45pm on March 14, while the case governing Republicans’ voter ID law will be reheard at 12:45pm on March 15. Watch HERE

Education Policy

• On Tuesday the NC House Judiciary Committee approved a bill that could make the NC State Board of Education an elected body rather than one appointed by the governor. HB 17, which would put on the ballot a constitutional amendment to change the way the Board is selected, passed the committee without debate.

• On Tuesday a bill that would require NC high school students to take computer science passed the NC House Education Committee in a divided vote. The bill would replace one of three science courses required for NC Public School students to graduate from high school with a computer science course; Democratic lawmakers objected to reducing science requirements for graduation.

Economic and Housing Policy

• A group of Democrats in the NC House filed a bill that would limit corporate landlords from buying up too much housing stock in one place. HB 114 would prevent anyone or any company from buying a single family home in a county of 150,000 or more people where they already own and rent out 100 or more homes. Republicans in the majority say the bill stands no chance of passing the House.

Environmental Policy

• The NC House Environment Committee passed a bill that would reduce the use of single-use plastics by state agencies, but they added a controversial amendment that would promote chemical recycling. HB 28 would require public agencies to annually report their use of recycled materials, require the General Assembly to reduce its use of disposable food ware, and establish pilot recycling programs in some agencies. The amendment specifies that “nonrecyclable” products do not include those processed at an “advanced recycling facility” – including facilities that perform chemical recycling. Critics of the amendment object because chemical recycling produces toxic waste and air pollution.

Health Care Policy

• On Thursday the NC House passed a bill to expand Medicaid in a 92-22 vote. HB 76, which moved through the House in just three days, now goes to the NC Senate, where its fate is uncertain given that the House version of the bill did not include regulatory rollbacks the Senate has previously supported as part of expanding Medicaid.

Gun Violence Prevention

• On Thursday the NC Senate passed a bill eliminating the state’s pistol permit requirement and allowing concealed carry in places of worship that serve as schools or are attached to schools. SB 41 packages together three bills that were originally filed separately and would allow North Carolinians to purchase a handgun without a permit from a sheriff, expand concealed carry, and develop an awareness campaign around safe gun storage. The NC House also passed a bill on Wednesday that overlaps with the Senate package, allowing concealed carry in places of worship that serve as schools or have attached schools. A separate bill to repeal the state’s pistol purchase permit advanced in the House last week.

Reproductive Rights

• On Monday NC Attorney General Josh Stein announced that he would not defend state restrictions on the abortion drug mifepristone in a suit challenging those restrictions. Stein agrees with Dr. Amy Bryant, who brought the suit, that federal rules allowing the FDA to regulate the drug preempt state restrictions. FDA approval of mifepristone is under threat from a Texas lawsuit.

Criminal Justice

• On Wednesday Democrats in the NC House filed a bill that would give people sentenced to life in prison without the possibility of parole a chance to earn release after 20 years, provided that they meet certain educational, vocational, and work requirements. HB 126 was written by two men serving life sentences, and it was considered in the 2021-2022 legislative session.

• On Thursday a bill was filed in the NC House that would increase felony penalties for public school system employees who engage in a sexual act or take indecent liberties with students. HB 142 would raise sexual misconduct with a student from a Class I felony to a Class G felony, and it would also make school and district administrators’ failure to promptly report employee sexual misconduct to the State Board of Education Class I felony.

Neighbors on Call’s NC Policy Update for 2/13/23

Governance

• A bill introduced by Republicans in the NC House would raise the retirement age for North Carolina judges and magistrates from 72 to 76. Both the Republican Chief Justice of the NC Supreme Court and a Republican Appeals Court Judge would be set to retire within the next four years under the current rules, meaning that if a Democrat is elected governor in the 2024 election, this bill would prevent that governor from appointing replacements to those two key seats.

Fair Representation

• The NC State Board of Elections is seeking public comment on a proposed rule change that would limit punishment of political campaigns and PACs for first-time violations of campaign finance rules. Under the proposed policy, the board would not require campaigns and PACs to forfeit prohibited donations of less than $1,000 per election cycle, and they would not assess additional penalties beyond requiring forfeit of donations for first-time violators with total campaign spending of $1,000 to $10,000.

Education Policy

• On Tuesday the NC House K-12 Education Committee voted to advance a Republican-sponsored bill that would place on the ballot a constitutional amendment to remove the governor’s power to appoint members of the State Board of Education, instead making seats on the board elected. HB 17, which received a 16-9 vote in the committee with one Democratic representative joining the Republicans in supporting it, would also make the state superintendent of public instruction the chair of the board.

Economic and Housing Policy

• On Tuesday the NC Senate Judiciary Committee voted to advance a bill that would extend tenant protections to someone living in a hotel, motel, or campground only after they had been there for 90 days. A similar bill was vetoed in 2021 by Governor Cooper; opponents of the bill say it does not offer adequate protections for low-income families and students.

Health Care Policy

• On Wednesday Republicans in the NC House filed a bill to expand Medicaid in North Carolina. Democrats have long pushed to expand Medicaid in the state to close the “coverage gap,” and last year Republicans finally signaled interest in working with them to do so. The lead sponsor for the bill, Republican Rep. Donny Lambeth, originally wanted to include work requirements but worked with Governor Cooper’s Department of Commerce to craft job training incentives instead, since work requirements have consistently been found to be unconstitutional by the courts. Despite support in the House, the bill lacks changes that Senate Republicans have pushed for, which may signal stalled progress in negotiations.

LGBTQ Rights

• On Tuesday the NC Senate passed SB 49, a controversial bill that would ban the mention of anything related to gender identity, sexual activity, or sexuality in classrooms up to the 4th grade level and require schools to inform parents if students want to change their pronouns. The bill, which passed in a 29-18 party-line vote, is expected to be vetoed by Governor Cooper, but Republicans are also likely to try to override that veto. Earlier on Tuesday, Democrats introduced their own “Parents’ and Students’ Bill of Rights” to counter SB 49, the so-called “Parents’ Bill of Rights.”

Criminal Justice

• On Wednesday the NC House passed a controversial “anti-rioting” bill with enough votes to sustain a veto override, with 6 Democrats joining Republicans to support the bill. HB 40 would increase felony penalties for rioting charges, including a required holding period of 24 hours (down from the 48 hours originally proposed) for arrested rioters. Critics, including Democracy North Carolina, charge that the bill would be used to disproportionately target Black protestors and that it would have a chilling effect on speech.

Neighbors on Call’s NC Policy Update for 2/06/23

NCGA Summary

• By Thursday, over 100 bills had been filed in the NCGA. These included:

  • LGBTQ Rights

    • A revival of the controversial “parents’ bill of rights” similar to Florida’s “Don’t Say Gay” bill, which would ban discussion of “gender identity, sexual activity or sexuality” in classrooms up to the 4th grade level and require schools to inform parents if children want to change their pronouns.

    • A ban on gender-affirming treatment for minors that would penalize health care providers who try “to facilitate the minor's desire to present or appear in a manner that is inconsistent with the minor's sex.”

  • Voting Rights

    • A constitutional amendment to remove the literacy test from the NC Constitution, filed by a group of bipartisan lawmakers after NC Senate Leader Phil Berger told reporters the offensive provision should be removed.

  • Health Care Policy

    • A bill filed by NC Senate Republicans to repeal NC’s Certificate of Need law governing new health care facilities that could affect negotiations between NC Senate and House Republicans over Medicaid expansion

    • A revival of a bill legalizing medical marijuana

  • Education Policy

    • A bill that would award a $9 million education technology contract without issuing a request for proposals (RFP)

  • Economic Policy

    • A bill that would require businesses to compensate customers if they cancel their appointment on short notice

  • Criminal Justice

    • An identical bill to the “anti-rioting” bill vetoed by Governor Cooper in 2011, which is now co-sponsored by a Democratic state representative who signaled willingness to join Republicans in a veto override.

    • Two bills loosening gun regulations: one to allow concealed carry on school properties being used for religious services and another to repeal the requirement to obtain a permit from the local sheriff’s office before purchasing a handgun.

Fair Representation

• On Friday the NC Supreme Court agreed to rehear two important cases – a redistricting case and a voter ID case – only recently decided by the court. With a new Republican majority, it is likely that the court will reverse their decisions in Harper v. Hall (the previous court ruled that extreme partisan gerrymanders violated the NC Constitution) and the case governing 2018’s voter ID law, which the court had ruled unconstitutional because it unequally harms Black voters. The two Democratic justices on the court, Anita Earls and Michael Morgan, both spoke up with objections to the court’s decision to rehear recently decided cases, highlighting the unprecedented nature of such a move.

Voting Rights

• On Thursday the NC Supreme Court heard arguments in a case that would determine when people convicted of a felony are allowed to vote again. Before last year’s elections, a lower court ruled that formerly incarcerated people serving probation or parole (or still paying off court fees) for a felony conviction could vote, but the new Republican majority on the NC Supreme Court is likely to restrict voting rights of people with felony convictions.