The Lineup: Legislators Go to Bat for 2016 Short Session

By Nelda Holder –

Since returning to Raleigh on April 25 for the what’s known as the “short session” in its 2015-2016 existence, the NC General Assembly has been weathering intense reactions to their passage of House Bill 2 in a one-day special session on March 23.

That multi-pronged bill, which in broadest terms restricts the rights of both individuals and municipalities in the state (see “The Infamous ‘HB 2’ Bill” and other coverage in last month’s edition of The Urban News), has caused a firestorm of public protest as well as demonstrations of support across the state and in the capital city. Meanwhile, its negative economic impact climbs daily.

Bills to repeal the new law, HB 946 and accompanying SB 784 (see below), were filed immediately, and shuttled off to a “quiet” committee for parking. Beyond that, in the first two weeks of the session, business-as-usual has seen the governor’s budget proposal introduced for wrangling, and has introduced a number of topics for consideration on the floor.

Gov. Pat McCrory’s “Recommended Budget Adjustments – 2016-2017” is a 157-page document which, according to the governor’s press release, would:

• Provide an average 3.5 percent bonus for teachers and principals (roughly a $5,000 bonus for teachers with more than 24 years of service)
• Increase pay for state troopers, correctional officers, and other law enforcement agents as well as assistant public defenders
• Provide an average 3% bonus for all state employees and school support staff (who have had no pay raise in a number of years)
• Expand scholarships for 300 additional special needs students; and
• cap total spending with a modest increase of 2.8 percent (below the rate of population plus inflation)

The General Assembly will now pick those recommendations apart.

Stepping Up to the Legislative Plate

To illustrate the range of general bills that are on the legislative docket so far, here are examples of your Legislature at work. Primary or co-sponsors from Western North Carolina are noted with each bill.

HB 946 /SB 784 (Repeal HB2/Fund Human Relations Comm.): Repeals House Bill 2 of the 2016 Second Extra Session (S.L. 2016-3), leaving local ordinances and regulations enacted prior to March 23, 2016, still valid. Appropriates from the General Fund some $545,407 recurring funds for the 2016-2017 operating expenses of the Human Relations Commission. Co-sponsors include Buncombe County Reps. John Ager, Susan Fisher, Brian Turner (all Democrats). Sen. Terry Van Duyn (D) of Buncombe County was a primary sponsor of the Senate bill.

HB 954 (Terminate Agreement for Tolling of I-77): Terminates the comprehensive agreement for the I-77 hot lanes project in Mecklenburg and Iredell Counties. Buncombe County co-sponsor, Turner.

HB 972 (Body-Worn & Dashboard Cameras/No Public Record): Provides statewide mandate that body-worn camera and dashboard camera recordings are not public records, and establishes procedures for best-practice training and use. WNC co-sponsor, Rep. Chris Whitmire (R), Henderson/Polk/Transylvania.

HB 983 (Legalize & Tax Medical Marijuana): Allows patients with terminal or chronic illness to lawfully use marijuana (or tetrahydrocannabinols) and establishes a taxing system. Buncombe County co-sponsors: Ager and Fisher.

HB 987/SB 788 (Study/Opioid Abuse and Incapacity to Proceed): Provides for study of opioid abuse and heroin resurgence in adults, youth, and families, and investigation of vivitrol as part of state-funded treatment services.

HB 988 (Repeal Light Rail Funding Cap): Repeals the limitation on funding from the Highway Trust Fund for light-rail transit projects. WNC co-sponsors: Ager, Fisher, Turner of Buncombe County; Rep. Chuck McGrady (D) of Henderson County.

HB 999 (Study Suicide Prevention): Instructs the Joint Legislative Oversight Committee on Health and Human Services to appoint a subcommittee to study the role of health care providers and other key gatekeepers in suicide prevention, particularly among individuals under age 25, firefighters, law enforcement officers, emergency medical services personnel, active duty military, and veterans. Buncombe County co-sponsors: Fisher, Turner.

HB 1032 (Online Voter Registration): Allows individuals who meet criteria to register to vote or change voter registration online (must be eligible to register; possesses current and valid NC driver’s license or learner’s permit/provisional license). State Board of Elections to establish secure internet website for this purpose.

HB 1034 (Restore Senior Citizen Tuition Waiver): Directs state board of community colleges to waive tuition and registration fees for up to six hours of credit per semester for senior citizens.

SB 734 (Statewide Standing Order/Opioid Antagonist): Authorizes the state health director to prescribe opioid antagonist by means of a statewide standing order, with immunity from civil and criminal liability for such action. This means, basically, that the standard “opioid antagonist,” which is naloxone hydrochloride (approved by the Food and Drug Administration for treatment of overdose), could be prescribed directly by a practitioner to (1) a person at risk of overdose, or (2) a family member, friend, or other person in a position to assist a person at risk. It would also allow a pharmacist to dispense an opioid antagonist accordingly. WNC co-sponsor, Sen. Jim Davis (R), Cherokee/Clay/Graham/Haywood/Jackson/Macon/Swain counties.

SB 754 (Prevent Squatting in Foreclosed Real Property): Enhances criminal penalties for persons who fraudulently record liens, and for persons who commit a trespass to real property by reentering after removal following a valid order, or knowingly create or present a false document of title or possession.

SB 761 (Short-Line RRs Assistance): Clarifies that dividends of the NC Railroad Company shall be deposited into the Freight Rail & Rail Crossing Safety Improvement Fund (within the Highway Fund) for enhancement of freight rail service, short-line railroad assistance, and railroad-roadway crossing safety. WNC primary sponsor: J. Davis.

SB 784 (Repeal HB2/Fund Human Relations Comm.): See HB 946 above. WNC primary sponsor: Terry Van Duyn (D), Buncombe County.

SB 788 (Study/Opioid Abuse and Incapacity to Proceed): See HB 987 above.

SB 794 (Authorize Needle Exchange Programs): Authorizes governmental and nongovernmental organizations to establish and operate hypodermic syringe and needle exchange programs, offering limited immunity to employees, volunteers, and participants of such programs. The objectives are to reduce the spread of HIV, AIDS, viral hepatitis and other blood-borne diseases; reduce needlestick injuries to law enforcement officers and other emergency personnel; and encourage individuals who inject drugs to enroll in evidence-based treatment. WNC co-sponsors: J. Davis, T. Van Duyn.

Nelda Holder is the author of The Thirteenth Juror – Ferguson: A Personal Look at the Grand Jury Transcripts.