NC General Assembly Adjourns Sine Die;
Vetoes Overridden
Less than two months after convening in the second year of the two-year biennium, the legislature officially adjourned its 2011-2012 session "Sine Die" today. The Senate completed their business with the drop of the gavel close to 4:00 a.m. this morning, and the House concluded their work this afternoon.
Prior to its departure, the Republican-majority General Assembly successfully overrode the three vetoes issued thus far this session by Democrat Governor Bev Perdue: on S 820, "Clean Energy & Economic Security Act," S 416, "Amend Death Penalty Procedures," and on H 950, "Appropriations Act of 2012." These three measures will now become law notwithstanding the objections of the governor. Unlike their Senate counterparts, House Republicans alone do not reach the two-thirds majority margin necessary to achieve an override, thus making for interesting politics as various Democrats defected from their caucus to vote with the majority.
The most immediately significant veto override was on H 950, the budget bill. This 155 page document outlined the state spending plan for the 2012-2013 fiscal year which began on July 1 and several other pieces of legislation depended upon language found in this document.
Initial highlights from this session include:
Finance
- prohibition of contingency audits for taxable property at the local government level
- cap of gas tax at 37.5 cents
- one-year extension of various tax caps and credits set to expire in 2013
- continuation of the expiration of the sales tax increase
Regulatory & Environment
- alignment of the state air toxics program with federal standards to eliminate duplicative regulations
- creation of regulatory infrastructure with concurrent comprehensive studies to authorize clean energy production and gas extraction
- various regulatory streamlining/duplication reductions within divisions of DENR
Health Care
- funding for additional inpatient psychiatric beds through coordination of DHHS, community hospitals and local management entities/managed care organizations
- one-year prohibition of Medicaid rate increase
- one-year prohibition of Medicaid optional services reduction
- changes to board governance laws ensure successful statewide implementation of new mental health care delivery model
Education
- restoration of flex cuts to K-12, community colleges and University system
- 1.2 percent raise and five additional PTO days to all teachers and state employees
- creation of an innovative high schools pilot program, a regional network of high schools focused on workforce development through a partnership with institutions of higher education and career specific programs and on-the-job training
BILL TRACKING
|
|
Bill Number |
Title |
Description |
Status |
|
H |
Copper Theft |
Targets prevention of metal theft |
Signed into law (S.L. 2012-46) |
|
|
H |
Workers Compensation Changes |
Clarifies portions of 2011 Workers Comp Reform |
Signed into law (S.L. 2012-135) |
|
|
H |
Contingency Audit Limitations |
Temporarily bans contingency audits |
Ratified, sent to Gov. for approval |
|
|
H |
Alcohol Sales/Vehicle Emissions |
Exempts emissions inspections for 3 newest year model cars/strengthens requirements for temporary ABC permits |
Ratified, sent to Gov. for approval |
|
|
H |
2012 Budget Bill |
Adjusts state spending for FY 12-13 |
Veto overridden, becomes law notwithstanding objection of governor (S.L. 2012-142) |
|
|
H |
Air Toxics Reform |
Eliminates duplicitive air toxic regulations |
Signed into law (S.L. 2012-91) |
|
|
H |
Amend Environmental Laws 2 |
Makes technical and clarifying changes to various environmental laws |
Ratified, sent to Gov. for approval |
|
|
H |
Economic/Finance Changes |
Clarifies and corrects various economic and tax provisions |
Signed into law (S.L. 2012-74) |
|
|
H |
Mechanic Lien Reforms |
Makes various changes to mechanics lien and payment bond laws |
Ratified, sent to Gov. for approval |
|
|
H |
Speaker & Pres Pro Tem Apppointments |
Recommendations for various appointments to public office |
Signed into law (S.L. 2012-141) |
|
|
S |
Regulatory Reform |
Makes changes to agency reporting requirements, authority and clarifies 2011 reg reform |
Ratified, sent to Gov. for approval |
|
|
S |
Mechanic Liens/Private Agent Notice |
Sets procedure for private lien agent notice so existence of providers of improvements who have potential liens is established. |
Ratified, sent to Gov. for approval |
|
|
S |
Budget Technical Corrections |
Various changes to budget bill |
Ratified, sent to Gov. for approval |
|
|
S |
LME Governance |
Addresses barriers to mental health board governance structure |
Ratified, sent to Gov. for approval |
|
|
S |
Environmental Law Amendments |
Makes various changes to several environmental regulation laws |
Ratified, sent to Gov. for approval |
|
|
S |
Mutual Holding Companies |
Establishes regulatory infrastructure with respect to the creation of mutual insurance holding companies |
Ratified, sent to Gov. for approval |
|
|
S |
Clean Energy Act |
Legalizes and creates regulations for shale gas extraction through hydraulic fracturing |
Veto overridden, becomes law notwithstanding objection of governor (S.L. 2012-143) |
|
|
S |
Unemployment Insurance Changes |
Continues 3-year look back trigger for extended benefits |
Signed into law (S.L. 2012-134) |
|
|
S |
Property Insurance Rate Making |
Makes various changes to laws regarding rate-making process for property insurance |
Ratified, sent to Gov. for approval |
|
|
S |
Omnibus Technical Corrections |
Makes various adjustments to budget bill |
Ratified, sent to Gov. for approval |
|
|
S |
Necessary 2011 Budget Adjustments |
Sets a "plan B" budget for FY 12-13; has minimum necessary changes |
Senate Approved; in House Approps Committee (ultimately unnecessary due to passage of H 950) |
From the date of adjournment, Governor Perdue has 30 days in which she may take action on the legislation sent to her for approval. If she does not sign into law or veto the ratified bills, they will become law without her signature upon this deadline.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.