Your eBriefcase

Welcome to the eBriefcase Management Center. This function allows you to compile selected pages to your personalized eBriefcase, where you may add to, delete or drag to reorder items. Once assembled, you can create a PDF of your eBriefcase. Click on the eBriefcase link at the top right of the page to open your collection of pages.

NC Legislative Update: September 27, 2019

September 27, 2019

Legislators continued their fall break, with no votes or committee meetings held this week. Lawmakers plan to return to Raleigh next week, where it is expected that we will get more information on the Senate’s plans for taking up a vote on the budget veto override, and potentially a plan to wrap up major policy items for the year. Legislators are still waiting for the three judge panel that invalidated their current legislative districts to rule on their redrawn maps.

Speaker and Minority Leader Clash Over Veto Override

In a press conference this week, House Minority Leader Darren Jackson claimed that he has been lied to by Republicans, who are being dishonest in their accounts of what happened leading up to the September 11 budget veto override vote. Democrats have called the move a “sneak attack”. They claim that they were told that no votes would be taken at a scheduled 8:30 AM session, meaning that their attendance was not needed. This led to the veto being overridden 55 to 15. House leadership has insisted that no message informing the members of no votes at the 8:30 AM session was disseminated. Representative Jackson claims that the vote was a deliberate effort to deceive Democrats, and, given the conflicting stories between Republicans and Democrats, he has called on Speaker Moore, House Rules Chairman Lewis, Representative Saine, and Representative Hardister to all take a polygraph test to judge if they’re lying. Speaker Moore called this a “sideshow” and dismissed the call for lie detector tests as a “publicity stunt.” Moore insisted that the vote was properly noticed and that no announcement of a non-voting session was given. Representative Jackson further raised concerns that the vote was not properly noticed, and mentioned that legal action may be in store. His concerns stem from what is called the “veto garage,” where a motion to consider a veto override is placed on the legislative calendar every day until member absences give the majority party the three-fifths vote margin required to override. The motion to consider the veto override had appeared on the House calendar for around 60 days prior to the vote.

WRAL: https://www.wral.com/dem-gop-leaders-spar-over-call-for-lie-detector-test-on-veto-override-vote/18652990/ 

Blue Cross Blue Shield NC CEO Arrested

News surrounding the June 22, 2019 arrest of Blue Cross Blue Shield North Carolina (BCBS NC) CEO Patrick Conway surfaced this week. Conway was charged with driving while impaired (DWI) and misdemeanor child abuse. Cell phone footage shows Conway’s vehicle speeding down the interstate, swerving erratically, before colliding with a tractor-trailer truck. According to a police report, once arrested, Conway refused a breathalyzer test, and then petitioned the officers to let him go, and even threatened to call the Governor if not released. BCBS NC, the largest provider of health insurance in the State, originally stood by Conway, but after State Insurance Commissioner Mike Causey called on them to replace Conway and install a new interim CEO, the BCBS NC Board asked for his resignation. Causey called the incident evidence of a “significant breakdown in the corporate governance at Blue Cross.” Causey was also troubled that the BCBS NC Board did not report the incident to him for months, and then downplayed what happened when doing so. BCBS NC has named their COO, Gerald Petkau as the interim CEO. Conway is set to appear in court on October 8.

WRAL: https://www.wral.com/north-carolina-blue-cross-ceo-resigns-after-dwi-charge/18659002/

Alcohol Legislation Update

This legislative session has seen numerous laws enacted affecting alcohol sales. Below are several bills with short summaries.

  • House Bill 389 allows public colleges and universities to allow alcohol sales at their athletic stadiums and events if their board of trustees approves it.
  • Senate Bill 11 strengthens the ABC Commission’s power to enforce alcohol laws and increases the Commission’s oversight authority for permit holders.
  • Senate Bill 290 allows distillery permit holders to obtain onsite permits for consumption, allows ABC stores to do special orders, remove restrictions on distilleries for selling alcohol for off-premises consumption, allows distilleries to issue purchase transportation permits to allow individuals to transport large quantities of alcohol, allows liquor tastings at ABC stores, allows retail permit holders to sell private label brands, spells out that a contract brewery is responsible for all aspects associated with manufacturing the product, allows beverage tastings at farmers markets, allows holders of on-premises and off-premises permits to transfer those permits to other establishments owned by the permit holder, increases the allowed discount on beer and wine from 25% to 35%, defines "premises" to include all areas inside or outside of a location that are under control of the permittee, authorizes the sale of more than one drink at a time at certain locations, allows alcohol consumption at bingo games, exempt breweries that do not serve food from food safety codes, limits the creation of new ABC boards, requires ABC boards to accept electronic payments from permit holders, allows alcohol consumption in the common area of a multi-tenant establishment, creates a delivery service permit, allows breweries to sell beverages in areas regardless of a malt beverage election, repeals the purchase-transportation permit requirement when transporting to a mixed beverage permittee, requires the ABC Commission to make quarterly reports to the legislature, allows ABC boards to use employees or contracted employees to deliver spirituous liquor purchased by a mixed beverage permittee, and directs the Program Evaluation Division (PED) to study the actions of the ABC Commission for violations of the law.
  • House Bill 363 allows breweries that sell less than 100,000 barrels to self-distribute up to 50,000 barrels to unaffiliated businesses.
  • House Bill 130 allows nonprofit organizations and trade associations to hold “game nights” where alcohol is served.

Bishop and Murphy Replacements Named

Local county delegations have met to select replacements for two former state legislators who recently won special congressional elections. Former NC House member Rob Bryan will replace Dan Bishop in the State Senate, and Dr. Perrin Jones will replace Dr. Greg Murphy in the State House. Both will have to be formerly appointed by Governor Cooper, who gets ten days to act. 

Charlotte Observer: https://www.charlotteobserver.com/news/politics-government/article235503112.html

WITN: https://www.witn.com/content/news/Pitt-County-Republican-Party-elects-Dr-Perrin-Jones-to-fill-seat-of-Congressman-Greg-Murphy-561179681.html

2019 Session Laws

The following 226 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
  226. SB 691: Emergency Operating Funds for Utilities



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.

Share