Legislative Update

Friday, March 18, 2011
Week of March 18,2011

REGULATORY REFORM

The Joint House and Senate Select Committee on Regulatory Reform will meet in Charlotte on Monday, March 21 at Central Piedmont Community College’s Harris Conference Center from 1-3:00 p.m. (3210 CPCC West Campus Drive, Charlotte). Doors will open at 12:30 p.m. for members of the public to sign up to address committee members.  Speakers will be allotted 2-3 minutes.

We highly encourage members of the Charlotte business community to be present and provide feedback to this committee.

This is the second in the series of six statewide forums, which are an opportunity for the public to address committee members regarding burdensome, costly or senseless state regulations.  This legislative body will make recommendations to the General Assembly once the meetings are concluded. 

For those who cannot make it to the physical meetings, the public may provide regulatory reform input by sending an email to regreform@ncleg.net, submitting comments in an online form.    For more information, visit the committee website at www.ncleg.net/regreform.

If you submit suggestions to this committee, please share the information with us as well so we can work together on reforming North Carolina’s regulatory environment.

LEGISLATIVE UPDATE

A measure that would allow contaminated industrial sites to be cleaned-up in a more efficient manner passed the full House this week.  House Bill 45 would accelerate the clean-up process of contaminated industrial sites, not only making the environment healthier, but would allow for expedited redevelopment and use of the land. 

The House gave final legislative approval to a bill that will establish an accounting program for hospitals to make it more economically viable for them to serve Medicaid patients.  Senate Bill 32 will ultimately bring in additional federal revenue to the state and to North Carolina hospitals in the initial amounts of $43 million and $370 million respectively.  This will narrow the gap between the cost and reimbursement of treating Medicaid patients.  Because the Governor accounted for this additional state money in her budget, she will likely sign the measure. 

A bill was filed this week that would set a maximum (cap) on the gas tax rate in North Carolina (House Bill 399).   The revenue from the gas tax goes directly to fund the building and maintenance of roads in our state.  With the rise of users of public transportation and increasing fuel efficiency of motor vehicles, the trend of this revenue source is declining across the country.  While the debate about another funding model to build and maintain roads needs to happen, the gas tax is the revenue stream that is currently in place. 

The legislature moved quickly this week to approve Senate Bill 99, legislation that will allow a study of the tax structure of NC’s unemployment insurance fund.  This fund is currently facing a staggering deficit of over $2.5 billion.  The interest on this federal loan deficit is about 4%, which adds up to the accrual of approximately $448,000 in interest alone every week.


Bill Tracking 

Bill Number

Description

Tracking

HB 2

Repeals individual insurance mandate in federal health care reform law

Passed House and Senate, Governor Veto

HB 8 / SB 37

Amends the NC Constitution to clarify the use of eminent domain for public use only

In House Judiciary / In Senate Judiciary

SB 27

Temporarily halts use of involuntary annexation until July 1, 2012

Passed Senate, in House Rules

SB 8

Removes cap on number of charter schools allowed by the state

Passed Senate, In House Finance

SB 13

Cuts Unspent Money from Various State Accounts

Passed Legislature, Governor Veto, Veto Overridden by Senate, Read into House

SJR 17

Forms new regulatory reform legislative committee

RATIFIED

SB 22

Limits agencies from raising cost

RATIFIED

SB 32

Allows hospitals to obtain federal matching funds to reduce losses when treating Medicaid and uninsured patients

RATIFIED

SB 33

Medical Malpractice Reforms

Passed Senate, In House Judiciary

SB 55

Increases the efficiency of property tax appeal process in Mecklenburg County

RATIFIED

HB 45

Accelerates  cleanup  of contaminated industrial properties

Passed House, in Senate Agriculture

SB 56

Allows the City of Charlotte to use the design-build method for construction of public projects

In Senate Finance

HB 92

Repeals land transfer tax

Passed House, Passed Senate Finance, full Senate vote on 3/21/11

HB 122 / S 267

Extends tax refunds for air carriers and motorsports teams

In House Finance

H 142

Broadens sales tax refund status for manufacturing facilities

In House Commerce

H 399

Caps the revenue stream for funding & maintaining roads

Filed 3/16/11

H 63

Businesses cannot prohibit firearms in cars on their property if locked & out of sight

In House Judiciary 

Posted by: Allison Waller @ 1:56:04 pm  Comments (0)
Monday, March 14, 2011
Week of March 11, 2011

Thanks to those of you who have submitted feedback to us regarding House Bill 63: “Firearm in Locked Motor Vehicle/Parking Lot.”   As a reminder, this bill would mandate businesses to allow firearms and ammunition onto their property provided that they are out of sight in a locked motor vehicle.  In its current form, if a business disregards this statute, prohibits firearms on its property, and an employee was injured because of the prohibition (from lack of being able to adequately defend themselves), the injured party or estate could bring civil action against the employer because of the “no weapons” policy. The Charlotte Chamber does not have a position on this legislation yet, but we’d like to share the sentiments of our members with members of the Mecklenburg delegation.  You may still provide your feedback to Charlotte Chamber lobbyist Allison Waller at awaller@charlottechamber.com or 704-378-1322.

Last week both bodies of the General Assembly focused on overriding the Governor’s veto on the two measures she’s stopped this session.  The House failed to get 3/5ths of the votes necessary to override the veto on HB 2 which would allow individuals to opt-out of the national health care reform law passed last year.  However, through a procedural tactic, House leadership made it so the bill will stay alive in the 2011-2012 session, allowing them to call for an override vote at their will. 

The Senate successfully overrode Governor Perdue’s veto of Senate Bill 13 in a 31-19 party-line vote, which was surprising given they had already passed a replacement bill for SB 13.  The likelihood for the House to have the sufficient 3/5ths votes necessary for an override is very slim.  The Senate’s override vote was largely symbolic in response to the Governor’s announcement that she is planning to borrow $491 million from other state funds to expedite payouts of income tax refunds including $100 million from an unemployment tax fund.  The funds would be paid back as income tax returns come in.  Experts have weighed in questioning the constitutionality of this move, thus prompting the response of the legislature.

Regulatory Reform & Call to Action

The Joint House and Senate Select Committee on Regulatory Reform is holding public forums across the state, the first of which occurred in Wilmington last Friday. These forums are an opportunity for the public to address committee members regarding burdensome costly or senseless state regulations.  This legislative body will make recommendations to the General Assembly once the meetings are concluded.  Over 40 of the approximately 100 attendees spoke in the Wilmington forum.  We highly encourage members of the Charlotte business community to be present and provide feedback to this committee when they meet in Charlotte on Monday, March 21 (details TBD, I will distribute in a separate email as soon as these are released)For those who cannot make it to the physical meetings, the public may provide regulatory reform input by sending an email to regreform@ncleg.net, submitting comments in an online form  or you may share your ideas with me or Natalie English.  For more information, visit the committee website at www.ncleg.net/regreform   

Below is the schedule of the remaining meetings (details TBD):
3/21      Charlotte
3/28      Greensboro
4/4        Greenville
4/18      Hendersonville
4/21      Raleigh

In other regulatory news, the NC House gave final approval on Thursday to Senate Bill 22  which would limit the ability of state agencies to enact rules that add “substantial additional costs.”  This measure, which is set to expire on June 30, 2012, now goes to the Governor’s desk for final approval.

On the federal regulatory front, President Obama issued Executive Order (EO) 13563, “Improving Regulation and Regulatory Review,” on January 18 (see summary of EO 13563 below).  In response to the EO, The Environmental Protection Agency (EPA) is inviting the public to provide input on a plan that will guide EPA’s retrospective reviews of regulations.  In an effort to use common sense and transparency to review federal regulations EPA is soliciting public input regarding the design of its plan via the EPA website through March 20, 2011. EPA will also provide opportunities for input through a public meeting in Washington, D.C. on March 14, and listening sessions in other parts of the country.  These outreach efforts will allow the public to provide EPA with feedback on specific issues, impacts or programs. More information about these meetings will be announced soon.  By late May, EPA will provide the public with its retrospective review plan, as well as the initial list of regulations it plans to review.  More information about EPA’s retrospective review is available on the EPA website at: http://www.epa.gov/improvingregulations.

EO 13563 directs each federal agency to consider “how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome.” Specifically, the EO calls on every agency to develop “a preliminary plan, consistent with law and its resources and regulatory priorities, under which the agency will periodically review its existing significant regulations to determine whether such regulations should be modified, streamlined, expanded or repealed to make the agency’s regulatory program more effective and or less burdensome in achieving its regulatory objectives.”

As always, please do not hesitate to contact me (awaller@charlottechamber.com or 704-957-3728) as I walk the halls of the legislative building representing you, the Charlotte business community.   For minute by minute updates, follow me on twitter at www.twitter.com/Voice4BizCLT.

Posted by: Allison Waller @ 10:16:56 am  Comments (0)
Thursday, March 10, 2011
Feedback Requested

A measure has been introduced in the legislature and we’re interested in your feedback. 

House bill 63: “Firearm in Locked Motor Vehicle/Parking Lot” would mandate businesses to allow firearms and ammunition onto their property provided that the weapon and ammunition are out of sight and locked up in a motor vehicle.  If a business chose to disregard this provision and prohibited firearms and a person was injured, the injured party or estate could bring civil action against the employer because of the “no weapons” policy.  Click here to read the complete text of House bill 63.

The Charlotte Chamber does not have a position on this legislation .  We would like to share with Mecklenburg legislators the sentiments of our members.  Please provide your feedback to Charlotte Chamber lobbyist Allison Waller at awaller@charlottechamber.com or 704-378-1322. 

Posted by: Allison Waller @ 10:17:37 am  Comments (13)
Sunday, March 6, 2011
Week of March 4, 2011

This week the US Census Bureau released detailed data for North Carolina’s 2010 population.  This data will be analyzed and used by the legislature who will then pass redistricting plans for the US House, NC House and Senate.  The legislation will go through the Select Redistricting Committees in the House and Senate.  Click here to read more about the new data and redistricting process. 

A piece of legislation that would reform North Carolina’s medical liability system received approval from the Senate this week and is now headed to the House for approval.  Capping non-economic damages at $500,000 and making the standards of negligence higher for emergency room physicians are among the provisions in Senate Bill 33.  The Charlotte Chamber, along with many friends in the business community, specifically outlines support for this legislation in our 2011 legislative agenda.

Two bills supported by the Charlotte Chamber moved forward this week.  House Bill 45 which will accelerate the cleanup of industrial properties and Senate Bill 32, which will provide an assessment model for funding Medicaid, both moved out of committees. 

I wasn't in Raleigh this week because we took a group of chamber members two Washington, DC to visit with members of Congress and representatives of the Obama administration.  SVP of Public Policy, Natalie English, wrote this column in the Charlotte Business Journal summarizing what we did and heard.  

To cap off the week, the Charlotte Chamber was the site of a round table discussion on transportation issues.  Senator Kay Hagan invited US DOT Secretary Ray LaHood to visit Charlotte for the round table and to ride the Lynx Blue Line.  They were joined by Mayor Anthony Foxx and Congressmen Mel Watt and Larry Kissell.  Governor Bev Perdue arrived during the round table and announced the widening project on I-485 south would begin in 2012 instead of 2013.  LaHood and Federal Transit Administrator Peter Rogoff complimented Charlotte's vision and progress in addressing transportation issues.  They reminded participants that President Obama's budget includes money to continue advancing the Blue Line Extension to UNC Charlotte.  Transportation industry representatives urged the Secretary to keep up the good work funding transit initiatives but to not ignore the needs of our highways and bridges.  Some also voiced concerns about regulatory issues impeding their ability to grow. 

Feedback Requested 

A measure has been introduced in the legislature and we’re interested in your feedback. 

House bill 63: “Firearm in Locked Motor Vehicle/Parking Lot” would mandate businesses to allow firearms and ammunition onto their property provided that the weapon and ammunition are out of sight and locked up in a motor vehicle.  If a business chose to disregard this provision and prohibited firearms and a person was injured, the injured party or estate could bring civil action against the employer because of the “no weapons” policy.  Click here to read the complete text of House bill 63.

The Charlotte Chamber does not have a position on this legislation .  We would like to share with Mecklenburg legislators the sentiments of our members.  Please provide your feedback to Charlotte Chamber lobbyist Allison Waller at awaller@charlottechamber.com or 704-378-1322. 



As always, please do not hesitate to contact me (awaller@charlottechamber.com or 704-957-3728) as I walk the halls of the legislative building representing you, the Charlotte business community.   For minute by minute updates, follow me on twitter at www.twitter.com/Voice4BizCLT.

 

Posted by: Allison Waller @ 10:19:51 am  Comments (0)
Monday, February 28, 2011
Week of February 25, 2011

With the recent release of the Governor’s recommended budget, the responsibility of reviewing and drafting a spending plan for fiscal years 2011-12 and 2012-13 now lies in the legislature.  House and Senate budget subcommittees, which have been meeting jointly with much regularity since the beginning of session, are now taking all of the information that has been presented to them and moving forward with creating spending plans of their own.  Officially, the House will draft an appropriations bill first and pass it to the Senate for approval.  Legislative leaders have indicated that budget work will be done jointly between the two chambers and the usual process of competing spending plans between the two will not be likely.

In an effort to guide the budget writing process, House and Senate leaders released spending target numbers last Wednesday with general and some subcommittee-specific guidance.  These spending targets total $17.56 billion for fiscal year 2011-12.  Governor Perdue’s 2011-12 budget spends about $19 billion.  Click here to see the House & Senate spending targets document.  Click here to read the Governor’s full recommended budget and supporting documents.

In other legislative news, Senate bill 55 passed its final legislative approval last week and will become the first session law of the 2011 General Assembly after Governor Perdue’s veto of the first bill to cross her desk, SB 13.  Senate bill 55 will expand Mecklenburg County’s Board of Equalization and Review, which is currently capped at nine members.  The expansion of the Board of Equalization and Review will allow them to more efficiently process appeals of property revaluations in Mecklenburg County.

Discussions of reforming North Carolina’s legal system continue to gain traction at the General Assembly.  The Senate continued talks of medical liability reform legislation, Senate bill 33, in committee and the newly formed House Select Committee on Tort Reform had their first informational meeting last week.

Detailed data from the US Census Bureau on North Carolina is anticipated next week.  The House and Senate Redistricting Committees are expected to begin meeting shortly thereafter.

As always, please do not hesitate to contact me (awaller@charlottechamber.com or 704-957-3728) as I walk the halls of the legislative building representing you, the Charlotte business community.   For minute by minute updates, follow me on twitter at www.twitter.com/Voice4BizCLT.

Posted by: Allison Waller @ 10:21:33 am  Comments (0)
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