Legislative Update: May 2013
By Moe White
The NC legislature paid special attention to Asheville last month as it proposed, passed, or implemented numerous new laws designed to remake the state in a deeply red, libertarian image.
Asheville Water System
A bill taking the city water system with no compensation, passed by the House and Senate, will put the system under the management of the Metropolitan Sewerage District, whose unelected board will include as many members from Henderson County as from Buncombe.
An amendment prohibits similar action in any other jurisdiction in the state without the unanimous consent of all municipalities affected – despite claims by sponsor Tim Moffitt (R-Buncombe) that the “Taking Asheville’s Water Act” is not a local bill that affects only a single jurisdiction. State law prohibits such local bills except under narrow circumstances.
On May 7 the City of Asheville passed a resolution asserting that it will file a lawsuit if it goes into effect. On May 8, Governor Pat McCrory announced that he will allow it to become law without his signature, which happens just before the May 15 transfer. “The issues surrounding the transfer of the assets of the Asheville water department to a regional authority potentially raise a number of complicated inter-governmental issues,” he said in a statement. “The City of Asheville has made it clear it will turn to the courts to resolve those issues should HB 488 become law. To permit that process to run its proper course, I will allow HB 488 to become law without my signature.”
Voter ID
The House passed its “Voter Identification and Verification Act,” or VIVA, by a party-line vote of 81-36, requiring photo IDs for all elections beginning in January 2016. The bill would recognize some university and all state employee IDs, in addition to NC driver’s licenses, passports, and other official identification. The measure is awaiting action in the Senate.
Clergy, civil rights leaders, and members of the NC NAACP joined in opposing VIVA [see NAACP story p. 4]. Rep. Susan Fisher (D-Buncombe) noted, “I’m concerned that presenting a photo ID is likely to create delays at the polls, generate hardships on seniors, African Americans, and college students to vote, and will unconstitutionally categorize eligible voters.”
Education
Education has also been a priority in Raleigh. House Bill 935 tightens eligibility rules for NC Pre-K, the state’s free program for at-risk four-year-olds. Eligibility criteria include income, active military status of parents (or parents who have died serving in the military), developmental disabilities that require Individualized Education Plans (IEPs), chronic illness, and limited English proficiency. The bill would cut eligibility for tens of thousands of children of families making between $51,000 and $23,000.
Pre-K must be available to every child in North Carolina, according to a ruling by the state Supreme Court in response to an earlier lawsuit over Pre-K education funding. If the new bill becomes law, it, too, will likely be challenged.
HB 994, sponsored by Freshman Rep. Rob Bryan, R-Charlotte, would give public-school students transferring into private schools up to $4,200 annually toward their tuition. Tax money could pay for tuition at religious schools such as Catholic or Christian schools, as well as, theoretically, an Islamic madrassa – if any exist in the state.
SB 337, which includes a provision that frees charter-school teachers from the requirement to pass a teacher preparation program leading to licensure – required for public school teachers – passed the Senate appropriations committee despite significant opposition.
SB 325 would change the way Wake County school board elections are held. Currently elections are held in odd-numbered years when nonpartisan city councils are elected; under the bill, elections would coincide with the partisan congressional and legislative primaries of even-numbered years, leading to partisan identification of candidates.
Drug testing for welfare benefits
Under SB 594, approved by the Senate, residents applying for welfare programs would have to pay in advance for a drug test to qualify for benefits [see “Drug Testing for Work First,” p. 4]. Those who pass and get benefits would then be reimbursed for the cost of the tests (estimated at $100 to $150). Despite evidence from states with such laws that costs far outweigh savings, the Senate passed the bill on a party-line 35-15 vote.
Auto insurance
Legislation to overhaul the state automobile insurance system was rejected by a House committee after Insurance Commissioner Wayne Goodwin and others said it would raise premiums for everyone. The House Insurance Committee rejected a motion to recommend the measure to the full House by a vote of 18-11.
Immigration
HB 786, derived from an Arizona law, would provide NC driver’s licenses to people in the U.S. illegally, while permitting law enforcement to detain anyone suspected of lacking legal residency, restricting pre-trial release for illegal residents, and requiring those detained to reimburse the state for jail costs. The judiciary committee is expected to take action on the bill in early May.
Environment
The state Senate has tentatively approved a bill (SB 612) that forbids city or county governments from enacting or enforcing any environmental regulations that are stricter than the state’s regulations and instructs state officials to repeal or rewrite any rule that is stricter than federal regulation.
In a rare show of bipartisan support, House members rejected a proposal to decimate North Carolina’s renewable energy standards, in place since 2007. The “Affordable and Reliable Energy Act” would terminate subsidies for solar, wind, and other renewable energy, despite the fact that the industry has created thousands of jobs and some NC renewable energy companies have become regional and national leaders in the field.
The vote was a stinging defeat for Representative Mike Hager (R-Rutherford), who pulled HB 298 from the House Committee on Environment after it was voted down. He then put the bill before the House Committee on Public Utilities and Energy, which he chairs. Embarrassingly, his own committee also rejected the bill, by a bipartisan 18-13 vote.
Meanwhile, companion Senate bill SB 365 moved through the Senate Finance Committee on a disputed May 1 voice vote. Committee Democrats including Asheville’s Martin Nesbitt questioned whether there actually was majority support for the bill, but Committee Co-chairman Bill Rabon (R-Southport) refused their request to count actual votes. The bill now heads to the Senate Commerce Committee.
