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May 10, 2013
Tax Reform Moves Forward, with Senate Suggesting Large Rate Reductions and Increased Sales, Food Taxes
Greetings!
Happy Mother's Day!
Congratulations, moms, and thank you for all you do every day for the children of North Carolina. You're so amazing, in fact, that we've partnered with our friends at MomsRising to create a dance celebration just for you. Click here to check out your dance celebration, or go to http://momdance.com/?p=aauw
N.C. Pre-K Program Changes Bill Passes House with Slight Improvement
H.B. 935: NC Pre-Kindergarten Law Changes would change the definition of an 'at-risk' child for purposes of the NC Pre-K program, cutting the maximum income level more than in half, and it would reduce the number of children eligible for the program by at least a third, or about 9,000 of the children who are currently enrolled in the program. The bill passed the House this week, with an amendment that would allow children in families with incomes up to 130 percent of the federal poverty level to be served by the program, if funds allow. Another amendment on the floor pushed back implementation by one year. The Senate may take up this issue in their budget, which is due out in a couple weeks.
Tax Reform Update: Senate Senate leaders gave some details this week about the tax reform plan they say is in the works. No bill was filed or specific timetable set. The plan would lower the personal income tax to 4.5 percent for most residents, from a current high, marginal rate of 7.75 percent. Corporate taxes would fall from 6.9 to 6.0 percent, and the state franchise tax would drop slightly. The state and local sales tax rate, now 6.75 percent in most counties, would drop to 6.5 percent. Business franchise taxes would also fall slightly. The revenue from the tax cuts would largely be made up with the expansion of the sales tax to cover a majority of services in the state, although business-to-business transactions would be left out by allowing transactions involving payers of the franchise tax to be exempted. A food tax, eliminated in the 1990s, would be re-established. Senate leaders said the plan, to be implemented over three years, would reduce revenue collections by $1 billion -- the equivalent of the entire community college system in North Carolina.
Senate Budget Update
Senate leaders announced that they plan to release their budget proposal the week of May 20.
Relevant Bills Acted on This Week
Key bills affecting children that were acted on this week at the General Assembly are listed below. Next Thursday, May 16 is the crossover deadline -- the date by which all non-appropriations-related bills must have passed one chamber or the other in order to stay viable.
Health S.B. 132: Health Curriculum/Preterm BirthsWould require a reproductive health and safety education program commencing in the seventh grade that also includes teaching about the preventable causes of preterm deliveries, including induced abortion as a possible cause of preterm birth in subsequent pregnancies. An amendment passed on the House floor added smoking, drinking alcohol, using illicit drugs, and inadequate prenatal care as potential causes of preterm births to be taught to students. Passed second reading in the House, so it will likely pass the House on Monday evening. SB 107: Decriminalize Direct Entry MidwiferyWould introduce a new category of provider called a Certified Professional Midwife, with less training than Certified Nurse Midwives. Many in the medical community are opposed to the bill. Scheduled to be heard next Monday evening on the Senate floor.
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. Passed the House Health and Human Services Committee and referred to the House Judiciary Subcommittee C.H.B. 805: Ban Smoking in Foster Care Settings/Infants
Would prohibit foster parents from smoking around infants in their care. Passed the House Health and Human Services Committee and referred to the House Judiciary Subcommittee A.
Would prohibit physicians from treating minors for STDs, pregnancy, substance abuse or mental health issues without written parental consent. Includes a provision allowing minors to petition the local district court for a waiver of the consent requirement under certain circumstances. Would be the most restrictive law in the country if passed and may be at odds with aspects of federal law. Passed the House Health & Human Services Committee and was scheduled to be heard on the House floor this week, but was pulled and referred to the House Judiciary Committee, suggesting its progress is intentionally being slowed down after a recent hearing where many advocates and medical professionals testified against the bill.
Child Safety
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. Conference report was passed by both the House and the Senate, and the bill was sent to the Governor.
Would make it a felony for a parent or other caregiver to knowingly fail to report the disappearance of a child. House passed the Senate version and bill was sent to the Governor.
H.B. 217: Criminal Law/Procedure Amendments
Moves discretion for whether certain juveniles are transferred to adult court from the judge, as in current law, to the prosecutor (District Attorney). Establishes that, upon motion by the prosecutor:
- juveniles 13 or older alleged to have committed a Class A felony will be transferred to the superior court for trial, as in the case of adults.
- juveniles age 15 or older alleged to have committed a Class B1 or B2 felony will be transferred to the superior court for trial, as in the case of adults.
As in current law, the judge may still transfer any juvenile age 13 or older alleged to have committed a felony to superior court. Passed the House and referred to the Senate Judiciary II Committee.
Would require NC to regularly report on its compliance status with federal law on sexual assaults in prisons, jails and youth facilities. Advocates are particularly concerned about the treatment of children and youth in adult jails and prisons. Passed the House and referred to the Senate Judiciary II Committee.
Instructs DSS to study extending foster care from age 18 to 21. Passed the House and referred to the Senate Rules Committee.
H.B. 937: Amend Various Firearms Laws
Omnibus gun-rights bill that includes many of the provisions filed in previous bills this session, including, among others, carrying guns in bars and on community college and university campuses. Also increases penalties for some gun-related offenses and limits local governments' ability to prohibit persons with concealed carry permits from carrying weapons. Passed the House after 12 different amendments that would have tightened gun laws were tabled (set aside without discussion) through a procedural maneuver. Referred to the Senate Rules Committee.
Education
H.B. 74: Periodic Review and Expiration of Rules (S.B. 32)
Original version directed all rule-making boards, commissions and agencies to review and re-adopt all rules by a certain year (2016 for HHS rules). New version would limit the reviews to rules deemed necessary but controversial. It is unclear what the ramifications of this amended bill would be for the myriad of child care regulations that currently keep children safe in child care centers and ensure that the state is in line with state and federal law. Passed the House Committee on Regulatory Reform and is scheduled to be heard on the House floor on Monday.
H.B. 944: Opportunity Scholarship Act
Would introduce a voucher system into North Carolina's education system. The bill establishes vouchers ("grants") for private school, up to $4,200 per year, per student. Income limits are set so that more than half of North Carolina's children would qualify for the voucher program (52 percent the first year, and 65 percent by the second year). Advocates are concerned that the program will siphon off needed funds from the public schools and created a two-tiered system, where families with more resources leave the public schools and disadvantaged children or those with disabilities who are not accepted into private schools are left in a public school system with declining resources. Representative Stam, one of the bill sponsors, was pleased to note that the bill would save the state money, since the vouchers cost $3,990 per student and the public schools currently receive $6,745 per student. Representative Stam has said the bill will be heard in the House Education Committee next week.
Would allow eligible students with disabilities to apply for $3,000/semester scholarship grants to attend any nonpublic school and to receive special education and related services in a nonpublic school setting. Replaces a refundable tax credit that was passed two years ago for children with disabilities. Passed the House Finance Committee and referred to the House Appropriations Committee.
Requires the State Board of Education to take certain steps to improve education for children who are deaf or hard of hearing. House received the Senate's version (House has already passed a version of this bill) and referred it to the House Education Committee.
Creates a separate governing body for charter schools. Passed the Senate after many amendments were offered. Referred to House Education Committee.
Changes the reporting date for a pilot on funding the NC Pre-K program from January 2013 to January 2014. Passed the Senate.
Reduces reporting requirements, including reporting on students with Personal Education Plans. Sections that would have eliminated class size requirements and Personal Education Plans have been removed. Passed the Senate and received in the House and referred to the House Committee on Education.
Would clarify that members of either household of a child in a homeschool have authority to determine the course of the schooling. Received in the House and referred to the House Committee on Education.
Economic Security
Would artificially limit expansion of the General Fund beyond an annual growth factor of inflation and population growth. TABOR amendment in Colorado (the only state that has passed one) has been devastating to public infrastructure funding in that state. Bill calls for a constitutional amendment subject to voter approval during the 2014 election cycle. Passed the House Committee on Government and referred to the House Committee on Finance.
Increases the interest rates and fees and size of consumer finance loans in NC. Could put more North Carolinians in insecure financial situations. Passed the Senate and referred to the House Committee on Banking.
H.B. 687: Homeless Shelters/Remove Age Limits
Would allow minors under age 18 in temporary overflow emergency homeless shelters. Passed the House and referred to the Senate Commerce 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
- Monday, May 13th - Greensboro & Winston-Salem
- Wednesday, May 15th - Asheville
- Friday, May 17th - Fayetteville & Wilmington
- Monday, May 20th - Greenville & New Bern
More details to be provided soon at www.publicschoolsfirstnc.org Let's Keep Public Dollars in Public Schools Community meeting
- Taking money from our schools hurts our children's ability to succeed and compete for jobs in the future. Learn how you can become part of a growing, statewide network of parents, community leaders, and educators united in support of public education.
- Monday, May 13, 2013 from 7 pm-9 pm
- Pullen Memorial Baptist Church, 1801 Hillsborough Street, Raleigh, NC 27605
- Parents, concerned citizens, educators and other interested persons
The tour will feature a giant Chutes & Ladders board highlighting the public investments that are essential to ensuring all of NC's children get the strong start they need to succeed. At each stop, there will be a giant game of Chutes & Ladders in a local park or community center. Children from local early learning programs, parents, business and civic leaders will be invited along with lawmakers to come and play the game for themselves. Along with the game, there will be snacks, crafts, and music.
- May 13 - Charlotte: Details coming soon!
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