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March 8, 2013
Governor Signs No Medicaid Expansion Bill into Law, Cuts to EITC Pass Legislature
Greetings!
Governor Signs No Medicaid/No Exchange Bill into Law
S.B. 4, prohibiting Medicaid expansion in N.C. and the formation of state-based Exchange, was signed into law by Governor McCrory Wednesday afternoon in a private ceremony.
Cut to EITC Passes Legislature
H.B. 82, which would reduce the state EITC from 5 percent of the federal credit to 4.5 percent and reiterate the scheduled sunset of the bill at the end of the year, passed the Senate this week, so will become law.
TAKE ACTION: Sign Petition Against Shifting Tax Burden from Wealthy to Working Poor
Recent legislation to end the Earned Income Tax Credit, while also ending the estate tax, will hurt the most vulnerable in our communities. Click here to sign the NC Justice Center's petition, calling on the Governor and Legislature to stop shifting the tax burden from the wealthy and corporations to the working poor.
Boards/Commissions Reorganization Splits House and Senate
S.B. 10, which would eliminate some state boards and commissions and reorganize others by firing many of the board members and allowing the Governor and legislative leaders to reappoint new members, passed the House this week with changes that the Senate does not like, including removal of the provision that would have eliminated 12 Superior Court judge positions. The Senate failed to concur with the House changes, and a conference committee has been appointed.
N.C. Falls in Rankings on Education Spending to Near Bottom
Only three states are expected to spend less per student than North Carolina in the current school year, according to the latest rankings from the National Education Association. North Carolina's per pupil spending for the 2012-13 school year is estimated at $8,433; the U.S. average is $11,068. The state also ranks No. 48 in teacher salary among the 50 states and District of Columbia, paying an average $45,947. The U.S. average is $56,383.
N.C. Receives 70 Charter School Applications
The N.C. Department of Public Instruction received 70 applications from organizations proposing to open charter schools in August 2014. More than 150 applicants expressed interest in January, but these 70 met a March 1 deadline to apply. Twenty-three of the 70 have been approved. Charter schools receive state funding but are exempt from some state regulations. The Legislature eliminated the 100-school cap on charter schools in 2011, and there are currently 107 charter schools in N.C.
Federal: Sequestration Hits; Impacts Still Uncertain
The across-the-board federal budget cuts known as sequestration took effect last Friday, kicking off $85 billion in cuts. The cuts will take effect gradually, so their impact will be difficult to trace. Congress is now working on a budget compromise to keep the government running beyond the end of March deadline on the current continuing budget resolution. The House proposal would include the continuation of the $85 billion in sequestration cuts. Click here for the impacts on North Carolina, which were published by the White House before the sequestration took place.
Relevant Bills Acted on This Week
Key bills affecting children that were acted on this week at the General Assembly are listed below. Health Applies to Certified Nurse Midwives. Removes requirement that they must have a doctor's supervision at all times and replaces it with a mandate for collaborative practice, among other provisions. Filed and referred to the House Health and Human Services Committee.
H.B. 105: Require Pulse Oximetry Newborn Screening
Would require newborn screening for all infants for certain heart conditions. Endorsed by the Child Fatality Task Force. The test costs about $5 and can be done with a tape across the baby's forehead. Supporters say the requirement will save lives by catching problems early. The American Heart Association says nine of every 1,000 babies are born with congenital heart disorder. Passed the House and referred to the Senate Rules Committee.Economic Security
Would extend the sunset for the EITC by five years. This bill was filed last week and referred to Finance Committee, then, if favorable, four other House committees, including the Rules Committee. This is likely an attempt to kill the bill. The Senate filed an identical bill this week, S.B. 185. The Senate bill was also referred to the Rules Committee.
Among other changes to criminal law, establishes that, upon motion by the prosecutor, juveniles alleged to have committed a Class B1 through Class E felony will be transferred to the superior court for trial, as in the case of adults. Currently, juveniles are transferred to Superior Court at the discretion of the judges; this bill would move that discretion to the prosecutors. Filed and referred to the House Subcommittee Judiciary B. Would make it a felony for a parent or other caregiver to knowingly fail to report the disappearance of a child. Passed the House. Clarifies that recipients of the federal Deferred Action for Childhood Arrivals program are allowed to obtain drivers licenses in North Carolina that look like regular licenses. The bill is in response to (1) a plan by the McCrory administration to issue licenses with a pink stripe that reads "No Legal Status" to undocumented immigrants, and (2) a competing bill (H.B. 141), which would prohibit the issuance of licenses to undocumented immigrants until at least June. Referred to the House Rules Committee, where it will most likely die. S.B. 91: Prohibit Expunction Inquiry
Would prohibit employers, educational institutions or government units from requesting information from an applicant for employment or admission regarding an arrest, charge or conviction that has been expunged from the applicant's record. Passed the Senate and referred to the House Judiciary Subcommittee A. In other expunction news: H.B. 207: Expunction of Drug OffensesWould allow the expunction of certain drug offenses. Filed and referred to the House Judiciary Subcommittee B.
Would prohibit potential employers from asking whether an applicant has been convicted of a criminal offense. Filed and referred to the House Committee on Commerce and Job Development.
At the urging of one of its sponsors, Representative Burr, this bill to allow gun owners with concealed carry permits to carry guns in restaurants and bars has been separated from the other gun bills and moved from the Rules Committee to the Judiciary A Subcommittee. Burr, who would like to expand the bill to cover movie theaters and other similar places, said patrons carrying guns wouldn't be allowed to drink alcohol while in those establishments, as it's illegal to consume and carry. How that part of the law would be enforced, however, is anybody's guess.
A bill that would have allowed permit holders to carry their guns in restaurants passed the House in 2011 but stalled in the Senate. Members of the Senate have suggested that a concealed carry in restaurants bill would likely be able to pass the Senate this year.
Burr's bill also would exempt information about concealed handgun permits and pistol purchase permits from public scrutiny, but that part likely would be considered separately in committee within a couple of weeks.
In other gun news,
H.B. 187, which would allow employees and volunteers at private schools in Forsyth County to carry weapons when authorized by the school's board, was referred to the House Committee on Government.
Also, H.B. 246: The Gun Rights Amendment would amend the state constitution to limit the restrictions that may be placed on someone with a concealed carry permit, subject to approval by the people during the November 2014 elections. Filed and referred to the House Rules Committee.
Also S.B. 190: Gun on Ed Prop/Stored in Locked Car would allow guns on school properties, as long as they are in a locked car and the owner has a permit. Filed and referred to the Senate Rules Committee.
Would increase penalties for trafficking in people and require that anyone caught trafficking in minors be added to the sex offender registry. Filed and referred to the House Judiciary Subcommittee B. H.B. 18: Youth Skin Cancer Prevention ActWould raise the minimum age for use of tanning beds from 14 to 18. Teenagers ages 14 to 17 are currently permitted to tan with parental consent and children 13 and younger are allowed only with a doctor's prescription. Use of tanning beds, particularly in childhood, has been linked to skin cancer. The bill was referred to the Subcommittee on Business and Labor of the Regulatory Reform Committee. S.B. 167: Youth Skin Cancer Prevention Act was filed this week and referred to the Senate Rules Committee. It would prohibit owners of tanning salons to allow access to those under 18. EducationWould prohibit undocumented immigrants from attending N.C. universities and community colleges. If passed, this bill would supersede prior decisions by the university and community college systems to allow undocumented immigrants to attend if they pay out of state tuition. Filed and referred to the House Education Committee. Would allow homeschooled children in smaller counties to participate in sports programs at public schools. Filed and referred to the House Education Committee. Would clarify that members of either household of a child in a homeschool have authority to determine the course of the schooling. Filed and referred to the House Education Committee. Increases the age required for parental consent to quit school from 16 to 18. Filed and referred to the House Education Committee. Would allow charter schools to prioritize admission for siblings and children of staff. Filed and referred to the House Education Committee. Would end the requirement for certain education reports, including the disadvantaged student supplemental funding report, the state board report on personal education plans, and the child nutrition standards report, among others. Filed and referred to the Senate Committee on Education/Higher Education.
Makes a charter school a "government unit" for the purposes of transfer of property. Presumably would make it easier for new charter schools to obtain local or state government buildings for their use. Passed the Senate and referred to the House Finance Committee.
Expresses the intent of the Legislature to move from funding textbooks to funding only digital learning media by 2017, to take a survey of internet connectivity in public schools, to allow a portion of lottery funds going to education to be used for digital learning in schools, and to set standards for digital competency for teachers and staff. Advocates have concerns about the ramifications of these bills for the many children without internet connectivity at home. H.B. 44 and H.B. 23 passed the Senate. H.B. 97 was referred to the Senate Rules Committee.
Friday Conference Calls
Action for Children and the Covenant with North Carolina's Children hold Friday morning conference calls to update you on the week's happenings at the General Assembly. Updates include bills and budget actions. To join:
- Fridays, 11 a.m.
- Dial 1-800-582-3014 and enter passcode 882011141#
Click here to add this call to your calendar.
Calendar and Events
Child Advocacy Day, April 17th at the General Assembly
Day child advocates will convene on behalf of N.C.'s children.
Save the date! More information coming soon.
Hands of Protection Second Annual 5K Walk, April 20th, Smithfield.
Walk to prevent child abuse.
Second Chance Lobby Day, April 23 rd from 9-5 at the N.C. Legislative Building Sponsored by the NC Second Chance Alliance Registration is open now.
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