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NC Legislative Update: September 20, 2019

September 20, 2019

Legislators returned to Raleigh this week to finish work on their court-ordered redistricting, and to take up a few bills before leaving town for the week. The Senate wrapped up its business on Tuesday and the House left town on Wednesday, and neither chamber is expected back in Raleigh until September 30.

New Legislative Maps

The House and Senate finished redrawing legislative district maps this Tuesday, after a three judge panel ruled that their current maps are unconstitutional. The court found that the current maps relied too heavily on partisan voter data and discriminated against Democrats by forcing them into districts where their votes were either diluted or clumped together, guaranteeing that they could not elect a majority in either chamber. The court ordered that all maps be created in public view and that public input be allowed. The legislature live streamed all map drawing meetings, and held a joint meeting Monday afternoon to allow members of the public to comment on the proposed maps. The Senate map redraw went a bit smoother than the House, with the Senate maps gaining bipartisan approval, while the House maps passed on party lines. Under the North Carolina Constitution, the Governor does not get a voice on redistricting matters, so now the new maps will go back to the three judge panel for approval. 

Senate Map: https://webservices.ncleg.net/ViewBillDocument/2019/6584/0/SB%20692,%202nd%20Edition%20-%20Senate%20Consensus%20Nonpartisan%20Map%20v3_19x36 

House Map: https://webservices.ncleg.net/ViewBillDocument/2019/6578/0/HB%201020,%202nd%20Edition%20-%20HB%201020%202nd%20Edition_19x36

Ruling: https://www.documentcloud.org/documents/6380175-18-CVS-14001-Final-Judgment.html#document/p7/a522617 

WRAL: https://www.wral.com/senate-house-approve-each-other-s-voting-district-maps/18639174/

NC Health Care for Working Families

One of the most heated issues of the legislative session, and the issue surrounding the current budget stalemate between the legislature and Governor, Medicaid expansion, made its first sign of progress through the legislative process this week. House Bill 655, NC Health Care for Working Families, was passed out of the House Health Committee this week. Speaker Moore had long said that he would allow a vote on the bill if the House was able to override the Governor’s veto of the budget. The legislation differs from typical Medicaid expansion envisioned by the Affordable Care Act, as it includes a work requirement and monthly premiums paid by enrollees. Bill sponsors support a requirement that the premiums paid by enrollees be considered State dollars and be allowed to count towards Medicaid’s matching funds for federal dollars. The work requirement and premiums have helped the bill gain traction among some Republicans, who have indicated that they will not support traditional Medicaid expansion, but has led to some Democrats opposing the bill. Democrats claim that other states that have included premiums have seen that they raise little money and have a negative budget impact when you add in the costs to administer the premium. The Health Committee approved several amendments before passing the bill, which will now go to the Rules Committee before going to the full House for a vote. If approved, the bill will go to the Senate, where its future is not bright, as the Senate has indicated numerous times that they will not support any Medicaid expansion legislation.

WRAL: https://www.wral.com/gop-medicaid-plan-again-advancing-in-house/18643215/

NC DOT Funding

Pressure is building for the legislature to intervene in the North Carolina Department of Transportation’s (DOT) current budget shortfall that is causing hundreds of projects to be delayed. Last month, DOT announced that a cash flow shortage will force them to lay off around 1,000 temporary employees and delay many planned projects. The Department cited increased costs due to hurricane-related road repairs and slow federal reimbursements for road damage costs. In an average year, DOT spends around $65 million on storm damage road repair, however, this year they have spent nearly $300 million. DOT has also spent $311 million defending the controversial Map Act, which prevents landowners from developing property in areas where future highway projects are planned. The legislature repealed the Map Act earlier this year. The NC Chamber is spearheading a coalition called “North Carolina Can’t Afford to Stop” and is working to convince members of the General Assembly that there is an immediate need for funds to allow DOT to continue with planned projects, which will hurt many employers and construction businesses if work is halted. It is unclear how or if the legislature will act, as some members have criticized DOT for poor financial planning, and do not have the appetite to bail them out.

Triangle Business Journal: https://www.bizjournals.com/triangle/news/2019/09/16/chamber-leader-execs-cant-afford-to-wait-for-ncdot.html

2019 Session Laws

The following 225 bills have become law this session:

  1. SB 7: Bipartisan Ethics Appointments
  2. SB 75: Restore Ct. of Appeals Membership
  3. SB 77: Ag Disaster Fund/Certain Counties
  4. SB 214: Ensure Orderly 2019 Elections
  5. SB 12: Fill Certain Vacancies/Alexander & Burke Co.
  6. SB 56: Revenue Laws Technical Changes
  7. SB 4: Extend Terms of 2 Members/Coastal Carolina CC
  8. SB 272: Zoning for University Facilities-Durham
  9. SB 6: Dare County/CC Construction Funds
  10. SB 162: Loan Origination/Late Payment Charge Changes
  11. HB 263: Fill Vacancies/Modify 2018 Appointments
  12. SB 63: City of Kannapolis/Annexation
  13. HB 130: Allow Game Nights
  14. SB 505: Rural Job Retention Act
  15. SB 605: Highway Storm Recovery Act
  16. HB 1014: 2020 Census VTD Verification Program
  17. SB 310: Electric Co-Op Rural Broadband Services
  18. HB 363: Craft Beer Distribution & Modernization Act
  19. HB 233: State Auditor/Local Finance Officer Amends
  20. HB 532: DNCR Add New Trails & Various Changes
  21. HB 388: Immunizing Pharmacists
  22. HB 646: ID Approval/Flex Muni One-Stop
  23. HB 70: Delay NC HealthConnex for Certain Providers
  24. HB 9: Bessemer City Charter Amendment
  25. HB 201: Randolph Co. Register of Deeds Tax Cert
  26. SB 252: Dental Bill of Rights
  27. SB 138: Even-Yr Municipal Elections/Town of Black Mtn.
  28. SB 139: Even-Yr. Municipal Elections/Town of Montreat
  29. HB 336: Extend Suspension of Spencer Mountain
  30. SB 235: Franklin/Nash Municipalities/Unfit Dwellings
  31. SB 30 Stanly CC/Contracting Date Extension
  32. SB 381: Reconstitute/Clarify Boards and Commissions
  33. HB 301: CIP Revisions/Juvenile Code
  34. HB 179: Mini-Truck Classification
  35. HB 131: Repeal Map Act
  36. HB 82: Railroad Crossings/On-Track Equipment
  37. SB 648: Support Shellfish Aquaculture
  38. SB 448: Amend Appt For Compact on Education/Military
  39. SB 255: State Board Construction Contract Claim
  40. SB 151: Break or Enter Pharmacy/Increase Penalty
  41. HB 617: Allow Repeat Referral to Teen Court
  42. HB 578: Modify Legitimations Provisions
  43. HB 548: Modify Physical Therapy Definition
  44. HB 383: Topsail Beach Charter/Board Vacancies
  45. HB 1016: UNC Boards of Trustees Appointments
  46. HB 1017: Special Master Wake House Plan
  47. HB 415: Photos of Juveniles/Show-Ups
  48. SB 148: Public Records/Release of LEO Recordings
  49. SB 11: ABC Regulation and Reform
  50. SB 466: EDPNC Modifications
  51. HB 57: Create Term for Public Schs. & Codify NCVPS
  52. HB 389: ABC/Univ Athletic Facility
  53. HB 531: Tenants at Foreclosure Act Restored
  54. HB 658: Allow Donations of Unexpired Drugs
  55. HB 664: myFutureNC/Postsecondary Attainment Goal
  56. HB 432: Water/Sewer to Contiguous Dwelling Units
  57. HB 219: NAIC Accreditation Amendments.-AB
  58. SB 80: China Grove Satellite Annexation
  59. SB 242: Recreational Land Fee Changes
  60. SB 227: TP3/Principal Fellows Consolidation
  61. SB 84: Walkertown Zoning Authorizations
  62. SB 262: Union/Prohibit Certain Hunting Acts
  63. SB 674: Surry Co./Mt. Airy/Elkin City/Bd. Ed Partisan
  64. HB 15: Lexington/Dissolve Utilities Commission
  65. HB 240: Albemarle/City Labor for Business Ctr
  66. HB 299: Henderson City/Build Community College Bldgs
  67. HB 6: Burlington Airport/Lease/Contract Authority
  68. SB 225: Repeal Tuition Surcharge
  69. HB 537: Hwy Use Tax Vehicle Subscriptions
  70. HB 934: Right to Try Adult Stem Cell Treatments
  71. SB 219: Modify Teacher Licensing Requirements
  72. SB 55: Continuing Education for General Contractors
  73. SB 483: Vacation Rental Act Changes
  74. SB 610: Authorize Northern Peaks Trail
  75. SB 95: Veterans Memorial Funds/Do Not Revert
  76. SB 556: GSC People First Language 2019
  77. SB 529: Fees/Returned Checks
  78. SB 88: Electrician Requirements for Certain Orgs
  79. SB 313: Guar. to Streamline Afford. Housing
  80. SB 127: Protect Governmental Accountability
  81. HB 656: Medicaid Changes for Transformation
  82. HB 924: Teacher Contract Changes
  83. HB 474: Death by Distribution
  84. HB 67: Road Barrier Prohibition
  85. HB 310: Clarify Insurance Prod'r Crim. Bckgrd Check
  86. HB 812: Nutrient Offset Amendments
  87. HB 886: Study Participation of Operators in NC Pre-K
  88. HB 529: Utilities/Water and Wastewater Consumption
  89. HB 917: Emergency Declaration/Clarify Rd Closure
  90. HB 747: NC Missing Person Information Sharing
  91. HB 770: Freedom to Work/OLB Reform
  92. HB 871: Fair Contracts
  93. HB 4: Claremont Deannexation
  94. HB 52: Wrightsville Beach Local Act Amendment
  95. HB 204: Town of Beaufort/Annexation
  96. HB 349: Wilkes County Fire Tax-Procedure
  97. HB 489: Lincolnton-Lincoln County Airport Authority
  98. HB 80: Roanoke Rapids Lake/Unattended Equip
  99. HB 237: Brunswick County Zoning Procedure Changes
  100. HB 368: Bermuda Run/Speed Restrictions
  101. HB 98: Macon/Clay/No Right-of-Way Spotlighting
  102. HB 134: Filling Vacancy/Onslow County Board of Comm
  103. HB 170: Various Satellite Annexations
  104. HB 187: Amend Town of Elon Charter/Parking Ordinances
  105. HB 285: City of Sanford/Town of Beaufort/Vol Annex
  106. HB 239: Pitt County Animal Control Records
  107. HB 324: Local Hunting Omnibus
  108. HB 429: Navigable Waters/Manteo/Hyde
  109. SB 191: Out-of-State Law Enforcement/2020 Rep Convtn
  110. SB 399: Rehire High-Need Teachers
  111. SB 355: Land-Use Regulatory Changes
  112. SB 378: Local Economic Development Modifications
  113. SB 394: Changes to Estates & Trusts Statutes
  114. SB 311: Massage Board Membership
  115. HB 257: Motorcycles/Face Masks
  116. HB 224: Assault w/ Firearm on LEO/Increase Punishment
  117. SB 594: Register of Deeds Updates
  118. SB 525: Textile Hist. Site/Operate SE NC Museum
  119. SB 220: Removal of Political Signs by Citizens
  120. SB 500: Modify Advanced Math Course Enrollment
  121. SB 186: Beaufort-Morehead Cty Airport Authority/Amend
  122. SB 686: Appointments Bill 2019
  123. HB 492: Simplify Builder Inventory Exclusion
  124. HB 402: UNC Capital Projects
  125. SB 384: Clarify Motor Vehicle Dealer Laws
  126. HB 761: Clarify Wastewater Permitting Liability
  127. HB 758: MSD Expansion and Governance/DACS Study
  128. HB 755: Travel Insurance Amendments
  129. HB 735: Adopt Rules Incorporating 2017 Food Code
  130. HB 629: Law Enforcement Mutual Aid
  131. HB 495: No Municipal Reg/Off-Site Wastewater Systems
  132. HB 329: Renewable Energy Amends
  133. HB 156: Swain County Settlement Trust Fund
  134. HB 138: Damage Jail & Prison Fire Sprinkler/Penalty
  135. HB 106: Inmate Health Care & 340B Program
  136. HB 18: Allow Absentee Ballots/Fire District Election
  137. HB 757: Pender County/Butner Property Transfers
  138. SB 535: Authorize State Park/Clarify Corps Name
  139. HB 668: Various Higher Education Changes
  140. HB 590: Amend Administrative Procedure Laws
  141. SB 444: Allow Use of Oyster Shells As Serving Dishes
  142. HB 411: Modify School Qual./Student Success Indicator
  143. SB 210: Organ & Tissue Donation/Heart Heroes
  144. SB 316: Affordable Housing
  145. SB 297: Cancer Research Advisory Panel
  146. SB 462: Modifications to NC Appraisal Board
  147. SB 508: Civil Procedure/Deponent Declaration
  148. SB 606: Prioritize Native NC Plants on Highway ROW
  149. HB 107: PED Oversight/EPP Changes
  150. HB 323: Assess Costs of Local LEO Crime Lab Analysis
  151. HB 268: Amend On-Site Wastewater Laws/Misc. TC
  152. HB 243: State Human Resources Act Amendments.-AB
  153. HB 337: Change Salvage Vehicle Transfer Requirements
  154. HB 362: 15-Point Scale For School Performance Grades
  155. HB 546: Prohibit Counterfeit/Nonfunctional Airbags
  156. HB 620: Street Database/Manual/Public Record Except
  157. SB 29: Move Over Law/Increase Penalties/Amber Lights
  158. HB 198: Human Trafficking Commission Recommendations.-AB
  159. HB 325: Opioid Epidemic Response Act
  160. SB 194: West Jefferson/Saluda Satellite Annexations
  161. SB 420: NC Servicemembers Civil Relief Act
  162. SB 218: Clarify State Recognition - Lumbee Indians
  163. SB 145: Allow Sports/Horse Race Wagering Tribal Lands
  164. SB 332: Civil Procedure/Limitations/Land Surveyors
  165. SB 343: Various Education Law Changes
  166. SB 391: Expand Youth Internship Opportunities
  167. SB 478: Modify Appointment Reporting
  168. SB 493: DVPO Abuser Treatment/Time of Expiration
  169. SB 523: Laws Clarifying & Administrative Changes
  170. SB 604: Amend NC Veterinary Practice Act
  171. SB 108: PED/Safekeeper Health Care Cost Recov. Pract
  172. HB 469: Various Family Law Changes
  173. HB 628: 2019 Banking & Mortgage Corrections & Changes
  174. HB 675: 2019 Building Code Regulatory Reform
  175. HB 50: Allow Hyperbaric Oxygen Therapy for TBI/PTSD
  176. HB 922: Enhance Insurance Coverage/Educ. Buildings
  177. HB 264: GSC Technical Corrections 2019
  178. SB 532: Amends Probate/Trusts/Wills Choice of Law
  179. HB 220: Insurance Technical Changes.-AB
  180. SB 302: Update ACH Svc & Care Plan/Bd of Nursing
  181. SB 385: Clarify/Auto Dealers Regulatory Req
  182. SB 290: ABC Regulatory Reform Bill
  183. SB 9: Female Genital Mutilation/Clarify Prohibition
  184. SB 301: Regional School Modifications
  185. SB 366: 9th/10th Grade/College Transfer Pathways
  186. SB 413: Raise the Age Modifications
  187. SB 498: Facilitate Response to Disasters
  188. HB 724: Truth in Caller ID Act
  189. HB 872: Underground Utility Safety Act/Changes
  190. SB 190: Expand Special Assessments for Dam Repair
  191. HB 228: Modernize Laws Pertaining to NC Medical Board.-AB
  192. HB 961: Ensuring Authorization of Federal Funds
  193. HB 760: Expand Loss Prevention Investigations
  194. HB 391: Passenger Protection Act
  195. HB 590: Modify Continuing Ed for Real Estate Brokers
  196. SB 321: Federal Motor Carrier Safety/PRISM
  197. SB 68: Relocation of Water/Sewer Line Costs
  198. SB 584: Criminal Law Reform
  199. HB 206: Various Transportation Changes
  200. HB 217: DIT Changes.-AB
  201. SB 230: NC Military and Veteran Act of 2019
  202. SB 86: Small Business Health Care Act
  203. HB 99: Transfer ALE/Move Boxing Advisory Commission
  204. HB 597: Wildlife Resources Commission Amends
  205. HB 604: Small Business Retirement Program
  206. HB 55: Cleveland County/Sheriff Vacancies
  207. HB 554: Funeral Practice Licensure Tech. Corrections
  208. HB 609: Salary Increases/Adult Correctional Employees
  209. HB 226: Pay Increases/State Employees
  210. HB 126: Pay Increases/State Highway Patrol
  211. HB 777: Pay Increases/SBI & ALE
  212. SB 621: Testing Reduction Act of 2019
  213. HB 449: Handicapped & Special Registration Plates
  214. SB 600: Vets Children/Short-Term Workforce Training
  215. SB 353: Amend Cartway Path/Septic Tank Laws
  216. SB 682: Implement Crime Victim Rights Amendment
  217. SB 574: Study Establish Gaming Comm/Sports Betting
  218. SB 270: Durham Deannexation
  219. SB 682: Implement Crime Victim Rights Amendment
  220. HB 1020: 2019 House Remedial Map
  221. HB 29: Standing Up for Rape Victims Act of 2019
  222. HB 75: School Safety Funds, Programs, and Reports
  223. SB 118: Prison Safety/TANF State Plan/Clarifications
  224. SB 429: Disaster Recovery - 2019 Budget Provisions
  225. SB 458: PTS Day/Cardiac Task Force/Titus's Law/Data



More about Nexsen Pruet's North Carolina Public Policy Team
In addition to providing Government Affairs Services, the Nexsen Pruet Public Policy team provides attorneys and clients with a newsletter summarizing the week's activities and conveying the inner workings of the legislative process and state government in Raleigh during the legislative session. Please feel free to pass this along to your clients or other interested parties. If you would like to receive the update in your inbox, please email shernandez@nexsenpruet.com to be added to the list. If you are interested in learning more about how Nexsen Pruet can help you achieve your public policy goals and acquiring legislative representation in North Carolina or South Carolina, please reach out to Sandy Sands at ssands@nexsenpruet.com or Ross Barnhardt at rbarnhardt@nexsenpruet.com.

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