Apr 28, 2017

NCGA Week in Review

After a week of long days and late nights, the legislature has met their self-imposed crossover deadline wherein bills that do not have a financial impact must cross from one chamber to another to remain eligible. While the legislature focused on crossover, Gov. Cooper made an appointment to a surprise vacancy on the Court of Appeals before the legislature overrode two vetoes from last week.

House and Senate Tackle Crossover Deadline

This week marked the final day of bill filing for the legislature for the long session. The Senate’s final bill filing deadline passed on April 4 th, and the House’s passed this Tuesday. Between the two chambers, 1,594 bills have been filed since the long session began in late January.

Of the 919 bills filed in the House, 332 bills have been sent to the Senate, and 118 of the 675 bills filed in the Senate have been sent to the House. Additionally, bills with a fiscal impact, including a fee, appropriation or criminal penalty are not subject to crossover. A rule adopted earlier in this in the Senate week also excluded amendments to the NC Constitution, statutory amendments necessary to implement proposed NC Constitutional amendments, and those ratifying an amendment or amendments to the US Constitution from this deadline.

Bills that did not make it past the crossover deadline may still pop up in the form of committee substitutes, as it is the bill number, not the content of the bill, is subject to the deadline. This provides legislators with a way to gut and replace bills. As the end of the fiscal year approaches, the General Assembly now turns its attention to finalizing their budget proposals.

Here’s a quick look at some of the bills that have made it from one chamber to another:

Agriculture, Energy & Environment

HB 56: Amend Environmental Laws

HB 68: BRIGHT Futures Act

HB 218: Prohibit Hunting from Right of Ways/ Buncombe County

HB 500: Alcoholic Beverage Control Omnibus Legislation

HB 576: Allow Aerosolization of Leachate

SB 434: Amend Environmental Laws 2

Business Regulations

HB 35: Protect North Carolina Workers Act

SB 145: Government Immigration Compliance

SB 375: Limit Payroll Deduct./ Wage Withhold

SB 407: Employee Misclassification Reform

SB 470: Personal Injury Bankruptcy Trust Claims

Constitutional Amendments

HB 105: Const. Amendment-Limit Governor/LG to 2 Terms

HB 148: Amend NC Constitution-Literacy Requirement

HB 551: Strengthening Victims’ Rights

HB 819: Protect NC Right to Work Constitutional Amendment


HB 160: Forfeiture of Retirement Benefits/Judges

HB 335: Vacancies/NC Supt. Ct/ Ct of App/Superior Ct/DAs


HB 285: Suicide Prevention/ Awareness School Personnel

HB 514: Permit Municipal Charter School/Certain Towns

HB 527: Restore/Preserve Campus Free Speech

HB 681: Teacher Licensure/ Military Spouses

HB 704: Divide School Systems/ Study Committee

HB 751: Career and College Ready/ High School Grads.

HB 779: Charter School Changes

HB 800: Various Changes to Charter School Laws

HB 806: Student Notice/ Charter School Closure/ Restr.

HB 826: Modify Low-Performing School Definition

HB 849: Restore Longitudinal Data System Board

SB 343: Increase Teacher Supplement/Electronic Notice.

SB 448: Professors in the Classroom

SB 531: School Boards Can’t Sue Counties


HB 496: Fair and Nonpartisan Ballot Placement

HB 659: Filling Vacancies/U.S. Senate

SJR 36: Convention of the States

SB 285: Equal Representation for Asheville

SB 655: Change Date When Primary Elections Held

SB 656: Electoral Freedom Act of 2017

Finance & Tax

HB 406: Repeal Orange County Impact Fees

SB 126: Change the LOST Adjustment Factor

SB 660: Economic Development Incentives Modifications

SB 325: Billion Dollar Middle Class Tax Cut

Health Care

HB 36: NC IOM Study of Eye Care Access

HB 164: Check-Off Donation: Cancer Screening

HB 187: Modernize Physical Therapy Practice

HB 243: Strengthen Opioid Misuse Prevention (STOP) Act

HB 250: Body Art Regulation Changes

HB 277: Expand Rx Drug Abuse Advisory Committee

HB 283: DHHS Recommended Telemedicine Policy

HB 285: Suicide Prevention/Awareness School Personnel

HB 466/SB 384: The Pharmacy Patient Fair Practices Act

HB 657: Improve Adult Care Home Regulation

Justice & Public Safety

HB 37: Protect Law Enforcement Officers

HB 113: Pvt Action Local Government Compliance/Immigration Laws

HB 330: Civil Procedure/ Qualified Immunity for Auto Accident

HB 571: Automatic Expunction/Wrongful Conviction

HB 597: Willful Injury of Person/Trap in Public Park

HB 630: Rylan’s Law/ CPS Observation

HB 797: Changes to Current BWC Law

SB 145: Government Immigration Compliance

SB 224: Include B/E With Intent to Terrorize in HB/E

SB 299: Habitual Impaired Driving/10-Year Period.

SB 560: Citizen’s Warrants

SB 561: Expunction-Charges Dismissed/Not-Guilty

SB 600: Britny’s Law: IPV Homicide


HB 11/ SB 160: Handicap Parking Privilege Certification

HB 21: Driver Instruction/ Law Enforcement Stops

HB 242: License Plate Reader Systems in State Rights-Of-Way

HB 469: Regulation of Fully Autonomous Vehicles

HB 528: Traffic Impact Analysis Time Frame

HB 716: CMVs/ Use of Platoons

HB 802: Exempt Motorcoach Manufacturer and Distributor

SB 182: Prohibit Use of Light Bars on Motor Vehicles

Governor’s Desk

Several bills were sent to or signed by the Governor this week:

Signed by the Governor:

HB 5: Unemployment Insurance Technical Changes

HB 13: Class Size Requirement Changes.

Sent to the Governor:

HB 467: Agriculture and Forestry Nuisance Remedies

SB 131: Regulatory Reform Act of 2016-2017

Judicial Appointment

Gov. Cooper appointed John Arrowood, a Democrat, to the Court of Appeals on Monday. Arrowood, an attorney from Charlotte was previously appointed to the Court of Appeals bench in 2007 by Governor Mike Easley. Arrowood lost his bid for reelection in 2008. He also unsuccessfully ran for a seat on the Court in 2014. The appointment came as the result of the surprise resignation of Judge Doug McCullough, a Republican, 36 days before his compulsory retirement date. In his resignation statement, Judge McCullough cited his opposition to HB 239: Reduce Court of Appeals to 12 Judges , which became law after the General Assembly overrode the Governor’s veto.

Vetoes Overridden

This week the legislature overrode the two vetoes issued by Gov. Roy Cooper last Friday. SB 68: Bipartisan Bd of Elections and Ethics Enforce and HB 239: Reduce Court of Appeals to 12 Judges , both passed the legislature primarily by party lines earlier this month, both under the threat of a veto from the Governor. Upon arriving at the Governor’s desk, vetoes were issued, and both bills were sent back to the legislature for reconsideration. To override a veto, a bill requires the approval of three-fifths of members present in each chamber. With veto-proof majorities in both chambers, the GOP was able to override the vetoes and both SB 68 and HB 239 have become law.