Jun 30, 2017

NCGA Week in Review

After a week full of long nights and fast moving legislation, NC General Assembly wrapped up six months of lawmaking today around 2:00 AM. The legislature is planning on coming back to Raleigh several times this year, with supplemental sessions planned for August, and September in the adjournment resolution. In the coming weeks, watch for a comprehensive legislative wrap up and industry spotlights focusing on the major policy initiatives passed in the long session.

Additional Sessions Called

In addition to naming the date that the General Assembly will reconvene for the short session, May 16, 2018, SJR 686: Adjournment Resolution sets two dates for the General Assembly to come back to Raleigh this year.

The General Assembly will first reconvene on August 3, where they are authorized to consider vetoes issued by Governor Cooper, nominations and appointments, bills responding to litigation concerning state congressional, legislative, judicial, municipal and county maps, bills that were returned to their originating chamber by June 28 for concurrence, bills providing for impeachment and bills that have passed a second floor vote in the receiving chamber but have not been taken up for a third reading. Rules Chairman Rep. David Lewis (R-Harnett) said that this gives lawmakers additional time to handle bills where the chambers are currently in disagreement.

The legislature will then recess back on September 6, where the primary focus will likely be redrawing the state’s legislative and congressional district maps, but could also include veto overrides, constitutional amendment referendums, appointments and impeachment matters. A final deadline for court-order legislative redistricting is set for November 15 in the resolution.

Late last night, House and Senate leaders appointed members to new redistricting committees that will meet to work on new legislative district maps. The Senate Select Committee on Elections will be chaired by Sen. Ralph Hise (R-Mitchell) while the House Select Committee on Redistricting will be chaired by Rep. Lewis.

To view full membership of the Senate Select Committee on Elections, follow this link.

To view full membership of the House Select Committee on Redistricting, follow this link.

Awaiting Executive Action

When the General Assembly is in session, the Governor has ten days to sign or veto a bill, or it automatically becomes law without his signature but he has 30 days to take action when the legislature is adjourned. Currently, 98 bills are sitting on the Governor’s desk. Here are some of the bills awaiting Gov. Cooper’s action:

HB 21: Driver Instruction/Law Enforcement Stops

HB 26: Workers Comp./Approval of Disputed Legal Fees

HB 84: DL/Deaf or Hard of Hearing Designation

HB 128: Prohibit Drone Use Over Prison/Jail

HB 161: Divestment From Companies That Boycott Israel

HB 310: Wireless Communications Infrastructure Siting

HB 402: Limit Env. Liability for Certain Recyclers

HB 434: Coins/Currency/Bullion Sales Tax Exemption

HB 462: Banking Law Amendments

HB 469: Fully Regulation of Autonomous Vehicles

HB 501: DOT/Surveying Information in Plans

HB 527: Restore/ Preserve Campus Free Speech

HB 576: Allow Aerosolization of Leachate

HB 589: Competitive Energy Solutions for NC

HB 716: CMVs/Use of Platoons

HB 772: Amend NC Int’l Arbitration/Conciliation Act

HB 800: Various Changes to Charter School Laws

SB 100: Aerial Adventure Financial Responsibility

SB 155: ABC Omnibus Legislation

SB 323: UNC Public Records/Athletic Conferences

SB 410: Marine Aquaculture Development Act

SB 600: Britny’s Law: IPV Homicide

SB 615: North Carolina Farm Act of 2017

SB 621: Business Contracts/Choice of Law and Forum

To view all of the bills on Gov. Cooper’s desk, follow this link.

To view all bills that have become law this year, follow this link.

Failed on the Floor

At times, legislation makes it to the chamber floor only to fail. When this happens, the content of the bill is no longer eligible for consideration during that legislative session. The following bills failed on the House or Senate floor:

HB 110: DOT/ DMV Changes - Megaproject Funding passed the House with a 65-50 vote, when it made it to the Senate, it failed on the Senate floor 1-44. Senators argued that a provision that was added to the agency bill in the House that would create a Megaproject Fund undermined Strategic Transportation Investments law.

HB 581: Revisions to Outdoor Advertising Laws failed its second reading in the House by a vote of 48-67.

HB 616: North Carolina Public Benefit Corporation Act also failed on the House floor with a vote of 54-60.

Additionally, SB 36: Convention of the States, initially failed a floor vote in the House, but that vote was reconsidered via a procedural motion and the bill has been re-referred to the House Committee on Rules.

Additionally, a number of bills filed in the long session failed to meet the crossover deadline in April and are no longer eligible for consideration.

Left on the Table

In addition to bills that met the crossover deadline and are eligible for consideration in the short session, a number of bills remain on the table for consideration in the August 3 supplemental session.

There are 13 bills currently in conference committees and therefore eligible for consideration in August. Conferees may negotiate and prepare conference reports to be adopted in August.

The following bills are currently in conference:

HB 56: Amend Environmental Laws

HB 90: NC Truth in Education

HB 162: Amend Administrative Procedure Laws

HB 403: Behavioral Health and Medicaid Modifications

HB 482: County Comm. Role in School Bldg. Acquisition

HB 770: Amend Environmental Laws 3

SB 16: Business & Agency Reg. Reform Act of 2017

SB 99: Report Certain CTR Data/ Auto Ins. Accuracy

SB 289: Various Deannexations

SB 335: Study/ Fair Treatment of College Athletes

SB 582: Agency Technical Corrections

SB 628: Various Changes to the Revenue Laws

SB 656: Electoral Freedom Act of 2017

Additionally, any bills that were sent to their originating chamber for concurrence by Wednesday, and bills that have passed a second floor vote in the receiving chamber, but have not been taken up for a third reading, are eligible for consideration in August.