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Committee
actions and floor votes
Measure passes
requiring governor, lieutenant governor to run as a team
The
Senate will take a final vote this week on a constitutional
amendment bill requiring the candidates for governor and
lieutenant governor from each party to run as a team ticket.
The measure, S. 2 Gubernatorial Team Ticket {Rand},
received second-reading approval Wednesday on a 39-7 vote and
was held over for a final vote on Monday or Tuesday. Under
the measure, after the primaries have determined each party's
gubernatorial candidate, the party executive committees would
then select the gubernatorial candidate's running mate. Senate
Majority Leader Rand (D-Cumberland) said the change would
lower the cost of elections and ensure that that governor and
lieutenant governor are from the same party. Rand has
introduced the measure a couple of times before; he didn't
offer the bill last session because candidates already had
begun campaigning for lieutenant governor. The major parties
have not taken a position on the bill. The
bill calls for the change to take effect for the 2004 election
if voters approve it in a statewide referendum in 2002. That
means Lt. Gov. Beverly Perdue, a Democrat, would have to get
the approval of the gubernatorial nominee and the party if she
wants to run for a second term. Earlier in the week, the
Senate Judiciary 1 Committee amended and favorably reported
the bill, as follows: Senate committee substitute rewrites
title of bill to read, “to provide that the governor and
lieutenant governor run as a joint ticket in the general
election, to clarify the status of acting governor, to provide
that the lieutenant governor shall be nominated by the party
executive committee, rather than under the primary act, to
provide that in the case of a vacancy in the office of
lieutenant governor, the governor shall appoint a successor
subject to confirmation, and to provide that the procedures
for removal of the lieutenant governor are the same as those
for removal of the governor.” Differs from original bill in
following respects. Rewrites proposed constitutional changes
to (1) provide that the governor’s absence from the state
does not affect the governor’s powers, and to allow the
governor to designate in writing powers the acting governor
may exercise during the governor’s absence from the state;
(2) make provisions that are applicable to the governor
relating to physical or mental incapacity and impeachment
apply equally to the lieutenant governor; and (3) authorize
the governor to fill any vacancy in the office of lieutenant
governor, for the remainder of an unexpired term, subject to
the advice and consent of a majority of the Senate. Subject to
approval of the constitutional amendments, effective Jan. 1,
2005.
HMO's
decision to drop some state workers riles Senate
The
Senate on Wednesday passed and sent to the House a measure
blocking a move by an HMO to drop coverage for about 11,000
teachers and state employees. The measure, S. 168 HMO Cease
and Desist {Wellons}, would allow Insurance Commissioner
Jim Long to order WellPath Select to continue providing
coverage for the state workers for at least six months.
WellPath, one of three HMOs state employees can choose under
the state plan, announced a few weeks ago that it would stop
covering patients in 13 counties, including Guilford,
Rockingham, Iredell, Johnston and Franklin, in March. But it
said it would continue covering patients in nine other
counties, including Wake, Durham and Orange, would continue.
State officials said that amounts to "cherry
picking," which is against state law.
Other
actions of note
 The Senate is
scheduled to vote on Tuesday on a bill that would make
elections for District Court judges nonpartisan. The bill, S.
119 District Court Elections Nonpartisan {Dalton}, was
favorably reported on Monday by the Senate Judiciary 2
Committee.
The Senate Higher Education Committee amended and favorably
reported S. 103 ELECTING UNC BOARD
OF GOVERNORS in a way that gives the chamber two weeks
longer to decide several appointments to the prestigious
board. The committee substitute makes the following
changes to 1st edition. Changes election date to no later than
the beginning of the daily session on March 15, 2001 (was, no
later than same time on March 1, 2001). Makes conforming
changes in nomination period and deadline, as well as the date
of listing candidates. Nomination forms must be received
between Feb. 7 and March 8, 5pm (was, deadline of Feb. 22,
5pm). Candidates to be listed on or after March 9 (was, Feb.
23).
Bills of
interest introduced this week
S. 200 HOT LINE/DISPARATE
TREATMENT OF STUDENTS {Martin (D-Guilford)}. Directs the
State Board of Education to establish a hot line for the
collection of complaints alleging disparate treatment of
minority students and students from low-income families, and
to appropriate funds to implement this act. Hot line must be
implemented by Oct. 1, 2001. Requires State Board of Education
to implement procedures for reviewing and responding to
complaints and to report annually to General Assembly on
number and type of complaints and how complaints were
resolved. Appropriates $397,155 for 2001-02 to implement the
act. Referred to Education.
S. 201 CLOSING ACADEMIC ACHIEVEMENT GAP {Martin of
Guilford}. Amends GS 115C-105.35 to require the State Board of
Education (SBE) to add a “closing the achievement gap”
component in school accountability model. (2) Adds new GS
115C-105.41, which requires local school units to identify
students in all grades who have been placed at risk for
academic failure. Requires school unit to implement a personal
education plan for academic improvement with focused
intervention and performance benchmarks for these students.
Plan must be developed at start of school year for any student
not performing at grade level, as identified by the state
end-of-grade test, and plan must be developed at any time
during the school year that a student’s performance appears
to be falling below state proficiency standards. Requires
school unit to provide all focused intervention and
acceleration activities free of charge. (3) Amends GS 115C-12
to require SBE to adopt a policy for local school units to
establish task forces on closing the achievement gap. Sets out
components of policy and responsibilities of task forces. (4)
Amends GS 115C-288(a) to require principals to base promotion
decisions on multiple measures of student achievement and
school success, including student’s “best educational
interests.” (5) Amends GS 115C-12(9a) to require SBE to
include culturally diverse objectives and activities as part
of its curriculum revisions. (6) Requires employment of
personnel who speak a language other than English as described
in bill title. (7) Makes permanent the Commission on Improving
the Academic Achievement of Minority and At-Risk Students. (8)
Amends GS 115C-12(27) to require SBE to report data in
disaggregated manned as title indicates. Appropriates $57
million for each fiscal year of the 2001-03 biennium from
General Fund to State Aid to Local School Administrative
Units; $23 million of that to assist students in succeeding on
the Student Accountability Standards and $34 million to the
At-Risk Student services/Alternative Schools allotment. Also
appropriates $10 million each fiscal year of 2001-03 biennium
from General Fund to State Aid to Local School Administrative
Units for personnel, materials, and other expenses of
education of students with limited English proficiency. Referred
to Education.
S. 214 MECKLENBURG SCHOOL/COMMISSIONERS MEMBERS {Rucho
Rmecklenburg)}. As title indicates, adds two new at-large
members of the board of education and the county commission,
to be elected in 2001. Terms are the same as present board
members. Provides that the board of county commissioners
consists of 11 members, with five nominated and elected by the
voters of the entire county, and six members residing in six
districts provided by law. Referred to State and Local
Government.
S. 215 PREKINDERGARTEN PROGRAM AT-RISK CHILDREN {Rucho}.
Directs the Department of Public Instruction to establish
Planning Task Force for the Development of a Prekindergarten
Program. Program is for four-years olds who are potentially at
risk of not being ready for kindergarten. Sets out components
of program including emphasis on parental and family
involvement, standards for grants to program providers,
standards for minimum teacher qualifications, and program
evaluation. Requires task force to make recommendations to
State Board of Education (SBE) by March 1, 2002, and requires
SBE to recommend legislation to the 2002 Session of the
General Assembly. Appropriates $250,000 for 2001-02 from
General Fund to SBE to implement act. Referred to Education.
S. 195 CRIMINAL RECORD CHECKS FOR NURSES {Rand
(D-Cumberland)} Allows the Department of Justice to conduct
criminal history record checks of applicants for licensure as
registered nurses or licensed practical nurses, as requested
by the N.C. Board of Nursing. Authorizes the Board of
Nursing to require criminal history record checks of persons
applying to practice nursing in the state. Effective Jan. 1,
2002. Referred to Health Care
H. 184 MAKE CAR TAX PROGRESSIVE {Edwards (D-Beaufort)}.
Rewrites GS 105-187.3(a) to delete the $1,500 limit on the 3
percent sales tax on non-commercial vehicles. Effective July
1, 2001, and applies to certificates of title issued on or
after that date. Referred to Finance.
H. 191 SELF-EMPLOYED DEDUCT HEALTH INSURANCE {Hurley
(D-Cumberland)}. Allows an additional income tax deduction for
health insurance costs of self-employed individuals. Effective
for taxable years beginning on or after Jan. 1, 2001. Referred
to Finance.
S. 160 AMEND GOOD SAMARITAN LAW/MEDICAL CARE {Purcell
(D-Scotland)}. Recodifies GS 90-21.14(a1) (liability
limitation for volunteer health care professionals) as GS
90-21.16. Amends that provision to include within the scope of
the liability limitation any volunteer medical or health care
provider who provides services at a free clinic facility and
defines “free clinic.” Provides that the provision does
not relieve any person from liability for damages for injury
or death caused by an act or omission on the part of such
person while rendering health care services in the normal and
ordinary course of his or her business or profession; services
provided while volunteering at a covered entity or as a
volunteer medical director of an emergency medical services
agency are not in the normal and ordinary course of business
or profession. Provides that if a covered entity has liability
insurance covering the acts or omissions of a volunteer
medical or health care provider, the entity waives the
qualified immunity provided to the extent of indemnification
by insurance for negligence by the provider. Effective Oct. 1,
2001. Referred to Judiciary I.
H. 146 MODIFY PARTNERSHIP TAX CREDIT {Luebke
(D-Durham)}. GS 105-269.15(a) provides that a partnership may
pass through to each of its partners shares of an income tax
credit for which the partnership qualifies, and that all
limitations on a credit apply to the partnership except for
(1) the limitation that the credit may not exceed the amount
of tax imposed, and (2) any cap on the otherwise allowable
amount of the credit. Bill amends the statute to delete
references to a cap on the otherwise allowable amount and to
provide an exception for the limitation that the credit may
not exceed a specific percentage of tax imposed on the
taxpayer for the taxable year. Effective for taxable years
beginning on or after Jan. 1, 2001. Intro. by Luebke, Allen,
Gray, Hill, Jarrell, Pope, Tucker. Ref. to Finance
H. 152 TOURISM ABC ESTABLISHMENT {Haire
(D-Graham)} Amends GS 18B-101(14a) to change the definition of
a “Tourism ABC Establishment” from one between the state
line and milepost 460 to milepost 469. Referred to
Alcoholic Beverage Control.
H. 158 HOUSE DISTRICT 7 LOCAL SALES TAX {Hall (D-Edgecombe)}.
Adds new Art. 44 to GS Ch. 105, authorizing the boards of
commissioners of Edgecombe, Halifax, Martin, and Nash counties
to levy an additional one-cent sales and use tax, if a
majority of voters approve the tax in a referendum. Restricts
use of tax proceeds to capital outlay and infrastructure
improvements, or to retire indebtedness incurred by the county
for those purposes. Provides that revenues raised by this tax
may not supplant other county expenditures for capital outlay
and infrastructure improvements. Referred to Rules.
H. 163 FURNITURE MARKET IMPROVEMENT ACT (=S 174)
{Jarrell (D-Guilford)} Authorizes High Point to levy a 3
percent hotel occupancy tax to fund furniture market promotion
and visitor assitance. Referred to Local Government
II.
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