Neighbors on Call's Weekly Policy Update for 5/17/21

Covid

• On Friday, in the wake of new guidelines from the Centers for Disease Control and Prevention, Gov. Cooper issued an executive order ending “all of North Carolina's capacity limits and social distancing requirements as well as masking mandates in most circumstances ‘effective immediately.’”

Voting Rights

• A bill that would prohibit nonprofits in the state from revealing donors’ names, including to the government, without their permission passed the NC Senate in a party-line vote. Republicans claim SB 636 is needed to protect people from censure if they make charitable donations to causes not supported by their neighbors. Democrats raised concerns that the bill would shield political contributions. The bill now heads to the House for debate.

Education Policy

• Without any support from Democrats, the Republican-led NC House approved a bill limiting what school children can be taught about U.S. racial history. HB 324 “prohibits teachers from promoting concepts that suggest America is racist or that people are inherently racist or sexist.” The bill was sent to the Senate where it is expected to have a favorable hearing.
  

• A bill to provide a way for policymakers and families to assess the degree to which segregation persists in North Carolina public schools was introduced by Rep. Cecil Brockman (D-Guilford). HB 948, “Add Segregation Score to School Report Cards,” would make this information more transparent by putting the data on the School Report Card page. The bill was referred to the House Committee on Rules and Operations.
  

Health Care Policy

• HB 572, a bill prohibiting the Governor from using an executive order to mandate vaccination and state agencies from penalizing anyone refusing a vaccination, passed the state House and heads to the Senate for further consideration.
  

• Four bills approved by the NC House Health Committee received favorable votes in time to meet the crossover deadline for policy-related measures and will go to the Senate: HB 703 requires health insurers that cover mammograms to also cover the cost of follow-up diagnostic imaging when an abnormality is found during a routine screening mammogram. HB 648 modifies usual veterinary practice law to allow EMT personnel to aid K9s or search-and-rescue dogs that are injured while working. HB 683 would “require pharmacies to offer safe disposal of prescription drugs on site and to give patients written information on how to dispose of drugs safely without flushing them down the toilet.” HB 642 would ensure organ transplant agencies do not discriminate against persons with intellectual or developmental disabilities, including Down syndrome.

Environmental Policy

• A controversial policy change included in North Carolina’s annual farm bill (SB 605) won approval in the NC Senate with a party-line vote. The new policy would create a blanket permit for all hog farmers around the state to implement a specific process for capturing the biogas methane from hog waste lagoons. Under current law, farmers must file for permits one at a time. Democratic opponents and environmentalists argue the law would discourage better ways of dealing with hog waste.

Women’s Rights and LGBTQ Rights

• The Senate passed SB 405, “Born-Alive Abortion Survivors Protection Act,” which would make it a misdemeanor if a doctor does not attempt life-saving procedures on a child born alive after a failed abortion procedure. The bill, which passed the Senate in a party-line vote, goes to the House and is expected to pass. In 2019, Democrats sustained Gov. Cooper’s veto of a similar bill that made violation of the law a felony.

Gun Violence Prevention

• While a bill (HB 200) that would have allowed individuals to get a permanent license to carry a concealed weapon without reapplying regularly was not voted on by the full House, another bill that would allow any elected official with a permit to carry a concealed weapon inside the General Assembly did pass and will be considered by the Senate. “This was asked for by many members of this House, and the Senate,” said the bill’s sponsor, Rep. Keith Kidwell (R-Beaufort), although he did not cite any specific examples of violence that had prompted him to call for the legislation. Representatives Marcia Morey (D-Durham) and Kandie Smith (D-Greensboro) spoke out strongly against HB 47, which passed without any Democratic support.
  

Criminal Justice

• The NC House unanimously passed HB 813, a bill banning state and local government agencies from communicating with or making payments to hackers who disable network operations and then demand money to restore the systems, and to report such “ransomware” attacks to the state Department of Information Technology (DIT). While the state DIT has recorded 37 cybersecurity attacks on municipal, state and educational entities since 2016, there is no record of any payments to the hackers; however, legislators say the new law would discourage such attacks. The bill does not address private industries like Colonial Pipeline, which are encouraged to report ransomware attacks to the federal government but are not required to do so.

• The NC Senate passed a bill that would make it easier to prosecute people who try to collect money by using fake invoices. SB 488 passed with unanimous support and was referred to the House.

• On Wednesday the NC Senate unanimously passed SB 300, a bill that would allow family members of victims killed or seriously injured by police to see body-cam footage within five days unless the police are able to convince a judge to withhold the footage. Current law puts the onus for convincing the judge on the victim’s family. The general public still will not have guaranteed access to the body-cam video of police shootings. The bill will also create a database so information about incidents in a police officer’s past can be easily tracked.
  

• The House passed HB 805, a bill originally proposed by House Speaker Tim Moore (R-Cleveland), which would increase punishments for persons who are found guilty of engaging in or inciting riots. Moore said the measure ensures both First Amendment rights and the need to protect public order, safety and property. Opponents called the proposal “an assault on freedom of speech” and expressed concerns about discriminatory enforcement and a chilling effect on peaceful protest. The bill passed by a vote of 88-25. All the “no” votes were Democrats. It moves to the Senate for consideration.

• A bill allowing police in North Carolina to use warrantless cell-phone surveillance passed the NC House after changes were made to mitigate abuse of this power. HB 213, the Kelsey Smith Act, would allow police to use cell phone data to track anyone’s location in real time and without a warrant when they believe there is risk of “death or physical harm.” The bill passed unanimously after legislators made two significant changes at the urging of the ACLU: First, judicial opinion would be required within 72 hours of police requiring a phone company to hand over someone’s location without a warrant. Second, if the judge finds the surveillance violates constitutional privacy protections, that evidence would be inadmissible in court. The bill will now go to the Senate for debate.

Other

• Thursday was the deadline for policy-related (not spending) bills to pass at least one legislative chamber. Bills that didn’t meet the deadline will not “cross over” for consideration in the alternate chamber, and – unless rolled into other bills - will be unlikely to see further action until at least 2022. In addition to the measures summarized under specific policy areas above, here is a summary of some bills that easily made the crossover. Action on some more controversial measures are noted here.

Neighbors on Call's Weekly Policy Update for 5/10/21

Governance

• On Thursday, the NC House passed a bill that would give the leaders of the NC General Assembly the power to prevent the settlement of a lawsuit that targets laws written by that Assembly. Republicans filed HB 606 in response to a settlement that changed the state’s absentee ballot rules in the lead-up to the 2020 election. Republicans had argued the settlement was unconstitutional, usurped legislative prerogatives, was reached without their input and countermanded decisions made by the legislature.
  

Voting Rights

• Two bills sponsored by NC House Republicans passed a House elections committee with party-line votes: HB 782 would require that absentee ballots be received at county elections offices by the close of Election Day and counted no later than the day after the election. HB 766 would ban election boards from soliciting or receiving private funding, including grant monies from foundations.

Education Policy

• The NC House approved a bill “requiring school districts with more than 400 students to post educational materials used by teachers ‘prominently’ on school websites.” Teachers would be required to post a list of all materials used in their classroom as well as the previous year’s lesson plans. The bill comes after the state adopted controversial curriculum standards requiring that diverse viewpoints of American history are taught. Critics contend HB 755 is a thinly disguised attempt to prevent students from learning harsh truths about slavery, racial discrimination, and systemic racism. The NC Association of Educators opposes the bill, saying it imposes a completely unnecessary burden on teachers and administrators.

• HB 657, which passed the NC House on Wednesday, would create “threat assessment teams” to help teachers and other school personnel flag students whose behavior poses a high or imminent risk of violence or physical harm to themselves or others.

• The NC House, along party lines, approved legislation removing language from state law that specifies violations not serious enough for a long-term school suspension. Opponents of HB 247 expressed concern that removing these exceptions, which include inappropriate language, noncompliance, dress code violations and minor physical altercations, will have disproportionately negative consequences for students of color, those with disabilities and those most marginalized. Rep. Graig Meyer (D-Orange) tried unsuccessfully to have the four exceptions put back into the bill. While the bill now goes to the NC Senate, the bill did not get enough support in the House to suggest the legislature could override a potential veto by Gov. Cooper.

• On Thursday the NC House unanimously passed a bill that waives the requirement for a teacher to help cover the cost of finding a substitute teacher for personal days. If HB 362 becomes law, teachers who provide a reason to their principal for taking a personal leave day will no longer have to pay $50 out of pocket. If no reason is provided, the teacher would have to pay the full cost of hiring a substitute. The bill now goes to the Senate.
  

Health Care Policy

• The NC Senate approved a bill ensuring people in hospitals and adult care homes can have visitors even during a pandemic. SB 191, the No Patient Left Alone Act, passed with some bipartisan support and was referred to the House for consideration. A second bill, HB 447 forbids hospitals from blocking hospital visits from clergy during a disaster or emergency. Hospitals can still require clergy to follow infection control rules. The measure passed the House 98-19 and was referred to the Senate for consideration.
  

• NC House Republicans are sponsoring HB 572, which prohibits a vaccine mandate “by executive order, rule or agency.” Rep. Verla Insko (D-Orange) called the bill “unworkable,” saying it would make it difficult for the Governor and other public health officials to make decisions in emergency situations where the public good is at stake. Gov. Cooper has not called for a vaccine mandate, focusing instead on education to combat vaccine hesitancy. The bill passed both the House Health Committee and the House Rules Committee on Thursday and is expected to get a floor vote in the House on Monday.
  

• NC House Republicans are supporting a bill that would prevent state and local government agencies from firing or retaliating against workers who refuse to get a vaccine for any coronavirus. HB 686 says that government workers in all state and local agencies — as well as applicants for those jobs — would have “the right to refuse any of the coronavirus vaccines without being subjected to termination or retaliation.” State health officials have alerted lawmakers that the bill as written fails to make any exceptions for workers in government-run health care facilities, where a COVID-19 vaccine could soon be required under federal rules for infection control.
  

• SB 408, a bill that would make “patient brokering” in referrals to addiction treatment facilities a felony, passed the NC Senate Judiciary committee unanimously and will move to the Senate floor. Patient brokers use complex schemes including false advertising, overbilling and low or no treatment to recruit patients with substance abuse disorders into treatment facilities. Brokers receive financial kickbacks from the treatment facilities.
  

• The NC Senate passed three health care bills that proponents say will ultimately lower costs and improve health care access in the state. SB 505 will reduce “surprise” medical billing by requiring in-network providers to notify patients in advance if they are to be billed for out-of-network care. SB 228 would let small businesses offer exclusive provider benefit plans to employees, and SB 462 would streamline the government approval process for new equipment and services. All three bills have been referred to the House for consideration.
  

• Three bills dealing with safety issues affecting North Carolina firefighters and first responders are on track to be voted on in the NC House. HB 355 would ban potentially toxic chemicals from use in the training of firefighters; HB 448 would allow firefighters to use blue flashing lights when responding to an emergency and parked on the side of the road; HB 492 would allow firefighters, police, EMTs, and 911 dispatchers to receive worker’s compensation benefits for job-related PTSD, not just physical injuries. The bills are likely to pass the House, but the likelihood of approval in the Senate is unclear.

Economic Policy

• Two bills that would impact how and where alcoholic beverages would be available advanced in the NC House. HB 693 would create a special permit for charter buses to serve alcohol beverages on trips of 75 miles or longer. HB 781 would allow North Carolina cities or counties to create "social districts" for drinking in a defined outdoor area. Legislation passed in 2020 allowed people inside shopping malls to carry around alcoholic drinks purchased at mall restaurants, and this bill expands the permit to downtowns and other designated areas. Both bills have bipartisan support. The charter bus measure is still being considered by House committees, but HB 781 passed the House and has been referred to the Senate.

Environmental Policy

• Under a bill filed by state House Rep. Pricey Harrison (D-Guilford), all state agencies, in particular the NC Dept. of Environmental Quality, would be required to consider environmental and public health justice when deciding whether to approve monies for publicly funded projects. HB 784 would require the responsible agency to deny permits if projects disproportionately burden low-income communities of color protected by Title VI of the federal Civil Rights Act of 1964.

Women’s Rights and LGBTQ Rights

• Two abortion-related bills advanced in the state legislature on Thursday. HB 453 would make it illegal to get an abortion specifically because of the presumed race of the fetus or because of a Down syndrome diagnosis. Six Democrats voted with all House Republicans to pass the bill and send it to the Senate for consideration. SB 405 would make it a misdemeanor for a doctor not to provide care for an infant born after a botched abortion and would create a duty for other health care professionals to report any such failure to act. Democrats sustained Gov. Cooper’s veto of a similar bill two years ago.

Gun Violence Prevention

• The NC House passed a bill that would eliminate the state’s pistol purchase permit system. Proponents of HB 398 say federal background checks are sufficient, but critics fear a background check loophole for private sales of firearms will lead to an increase in murders and suicides. The bill moved forward on a 69-48 vote, with two Democrats voting yes and one Republican voting no. If the measure passes the state Senate, it could be vetoed by Gov. Cooper.
  

Criminal Justice

• HB 674, a bill expanding a North Carolina crime database to include common domestic violence offenses, passed the House Judiciary committee on Tuesday. The bill would require the submission of a DNA sample to the database by anyone charged with assault on a female or child or who violates a domestic violence protection order.

• The Hate Crimes Prevention Act, a bill filed by Senate Democrats, was referred to the Senate Committee on Rules and Operations. SB 439 would expand protections and increase penalties for hate crimes in part by requiring law enforcement agencies to report these crimes to the SBI monthly, providing the means to identify and track hate crimes more consistently.
  

• A bill proposed by NC House Speaker Tim Moore (R-Cleveland) would make “rioting” a felony when it causes significant property damage or someone is injured or dies. Moore proposed the bill in response to what he perceived as rioting in downtown Raleigh in the wake of George Floyd’s death while in police custody. The ACLU and other civil rights advocates argue that the bill, HB 805, would discourage people from participating in legitimate protests by punishing individuals for the destructive acts of others. The bill is scheduled to go before the full House today, May 10.
  

• The NC House passed a bill that would impose new mandatory minimum sentences if prisoners expose themselves to guards or plot to escape. The NC Dept. of Public Safety had requested the bill. Republicans said the measure shows support for correctional officers, but some Democrats expressed concern about mandatory minimums. Sen. Joe John (D-Wake), a former judge, arguing in favor of judicial discretion, said, “While they may seem the same, no two cases are ever, ever alike.” HB 560 passed the NC House 89-27 and will head to the Senate for further debate.
  

• A package of police and criminal justice reforms cleared the NC Senate Judiciary committee on Tuesday. SB 300 passed the committee with unanimous, bipartisan support. Democrats in both the House and Senate would like the final bill to include a number of more progressive changes they have offered in other bills, but there is significant overlap with SB 300. The Republican sponsor of the bill, Sen. Danny Britt (R-Robeson), plans to meet with Democrats to discuss possible changes to the state’s body camera law, not currently included in SB 300.

Neighbors on Call's Weekly Policy Update for 5/3/21

Voting Rights

• On Tuesday the NC Senate passed SB 360, “Prohibit Collusive Settlements by the AG,” on a party-line vote. This bill would require the Attorney General to get approval from the leaders of the two chambers of the General Assembly for settlements in cases where those leaders “have intervened or are otherwise named parties.” Republicans have advanced the bill in response to settlements prior to the 2020 election that overrode election rules they had set in the General Assembly.

Education Policy

• On Thursday SB 671, which expands North Carolina’s private school voucher program, passed out of committee. The bill would both increase the value of vouchers from $4,200 to $5,900 yearly and lift the eligibility ceiling from $72,000 a year for a family of four to $84,000.

• On Wednesday the NC House Education committee approved a bill that would no longer require teachers taking a personal day to pay part of the cost of hiring a substitute, as long as they provide a reason for taking the day. HB 362 would eliminate the $50 teachers currently have to pay to cover the partial cost of a substitute but would require them to pay $100 if they take a personal day without providing a reason.

• On Wednesday the NC House passed a bill that would eliminate End of Course tests, replacing them with the ACT or SAT. HB 486 calls for the replacement of these tests beginning in the 2023-24 school year and for the hiring of a contractor to evaluate the national standardized tests against the NC curriculum to recommend a good replacement. The bill also calls for the replacement of WorkKeys tests taken by students in career and technical education but did not specify what specific credential would replace these tests.

• On Tuesday the NC House Education Committee advanced a bill that would require public school job applicants to undergo criminal background checks and fingerprinting. HB 240 would also require people seeking teacher licensure to be fingerprinted and complete background checks. Unless their prospective or current employers choose to cover the costs, these procedures would be paid for by the applicants themselves.

Economic and Housing Policy

• On Wednesday the House unanimously passed a bill that would require companies to notify customers of renewing contracts, get “affirmative consent” before charging customers for an automatic renewal, and provide an easy cancellation mechanism. HB 103 would not apply to insurers and banks, among several other types of companies.

Women’s Rights and LGBTQ Rights

• A bill originally intended to close a domestic violence loophole in NC law passed the NC House Judiciary Committee Wednesday after undergoing significant changes. While HB 33 was originally written simply to remove existing language specifying that an unmarried couple must be of the “opposite sex” for one of them to seek a protective order against the other, significant additional language was added that advocacy groups say would make accessing a protective order harder for anyone, regardless of sexual orientation. In response to the changes, Alison Dahle, D-Wake, took her name off the bill, which she had previously sponsored.
  

• On Wednesday lawmakers amended a bill that would have raised the minimum age of marriage in North Carolina from 14 to 18, instead electing to keep the minimum age in place but limit marriages of people under 18 to those no more than 4 years older. SB 35 would have updated NC’s minimum age limit for marriage from what is currently the lowest age limit in the country. Another effort to update NC’s marriage laws by eliminating an archaic law that allows people to sue their spouse’s lover for adultery did not pass the House Judiciary committee after pressure from conservative groups.
  

Criminal Justice

• Legislation under consideration in the General Assembly would require that police body camera footage be released within 48 hours if requested, unless law enforcement petitions a judge to hold a hearing about whether the video should be released. The companion bills, SB 510 and HB 698, seek to change a 2016 law that makes such footage private except by court order, and even then only to people in the footage or their personal representative. Democratic lawmakers spoke at a press conference about the urgent need for this law, citing the recent Elizabeth City police shooting of Andrew Brown Jr. Brown’s family was only allowed to see 20 seconds of footage of his shooting. While the Senate bill was filed in early April, the companion House bill was filed Tuesday and passed its first reading Wednesday.

• On Wednesday a bill advanced in the NC Senate that would make public employees’ disciplinary records public. SB 355 would apply to teachers, police, and UNC System employees, and would reveal information that had previously been kept private such as reasons for an employee’s demotion.