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This Week @ the Capital

Special Report to Blowing Rock News from the North Carolina Chamber of Commerce. April 29, 2011. RALEIGH, NC -- As a service to North Carolina residents and business owners, Blowing Rock News is pleased to re-publish these notes from the NC Chamber of Commerce report, "This Week at the Capital," a weekly collection of news briefs covering hot topics in the state legislature and public policy arena. 

This report is reprinted for informational purposes only. Blowing Rock News neither supports or affirms any perspective or viewpoint contained herein.  Any and all opinions or conclusions are strictly those of the North Carolina Chamber of Commerce.

House Budget Released

The House Appropriations Committee voted to approve the House budget proposal on Wednesday, one day after it was released from the House Finance Committee. The $19.3 billion proposal was approved on a voice vote after the Appropriations Committee debated for more than seven hours and held votes on more than 70 amendments. The 333-page bill presented by the House reduces spending by $600 million below Governor Perdue’s $19.9 billion proposal, with health and education operating with $900 million less than what the governor proposed. The budget writers were instructed by House Republican leaders to spend $1.4 billion less than Perdue, allowing Republicans to fulfill their promise of letting the temporary taxes expire in July, which are worth about $1.3 billion in revenues. Additionally, the House proposal would spend more than the governor’s proposal on the state's retirement system and “rainy-day” savings fund.   An accounting change also shifts more than $190 million to fund the state Highway Patrol out of the general operating fund. House Majority Leader Paul Stam (R-Wake) defended the spending cuts by arguing that “We're not doing it by raising tax rates,” and saying that the budget is not “draconian…It's right-sizing.” However, Rep. Mickey Michaux (D-Durham) told Republicans that "You don't have to be as vindictive in this budget as you are.” Members of the committee were successful in shifting money between departments and amending the budget to save the jobs of 20 prison chaplains, promote the wineries of the state and preserve various funds for historic sites and arts grants. Other proposals outlined in the budget will result in approximately $100 million in new or increased fees. The expanse of fees will be used to decrease the estimated $2.5 billion budget gap for next year. A complete listing of all fees that were recommended by the House Finance Committee can be accessed on the General Assembly website or by clicking here.

In addition to the fee provisions, the budget proposal approved by the House Finance Committee on Tuesday would set aside $230 million in reserves for a separate tax package to be considered in the coming weeks. It was reported that about $130 million of that $230 million would be used to lower the corporate income tax rate and provide some tax relief for small businesses. Speaker Thom Tillis (R-Mecklenburg) was quoted as saying, “Republicans are creating a separate tax relief bill for small business and possibly corporations and allowing more than $1 billion in temporary taxes to expire this year.”

Finally, the proposal would modify or eliminate three state funds that are financed by the national tobacco settlement. The Golden LEAF Foundation would forfeit two years of financing, the Health and Wellness Trust Fund would cease to exist at the year’s end and oversight of funds used to help tobacco growers would shift to the state’s Board of Agriculture.   The full House is expected to vote on the bill next week.

Medical Malpractice Bill Placed in Conference Committee

The House passed an amended version of S33: Medical Liability Reforms, sponsored by Sens. Tom Apodaca (R-Buncombe), Harry Brown (R-Jones) and Bob Rucho (R-Mecklenburg), on Wednesday of last week.  However, an amendment that creates exceptions to the $500,000 cap on non-economic damages passed on a vote of 67-49. The amendment was opposed by the medical community and the business community, as well as Rep. Johnathan Rhyne (R-Lincoln), who handled the bill on the House floor. The Senate voted not to concur with House changes to the bill on Wednesday of this week, sending the bill to a conference committee where members of the House and Senate will work together to reach a compromise.

Broadband Bill Advances

This week the Senate Finance Committee approved H129: Level Playing Field/Local Government Competition and amendments were debated on Thursday by the full Senate. The proposed legislation outlines which municipalities could offer broadband, television and telephone services to its citizens. It would also require towns and cities who want to provide the services in the future to hold public hearings about their plans, prevent them from using other public money for the project and take on debt without voter approval. The proposal would, however, exempt four municipal networks from the requirements, including Salisbury, Wilson, Morganton and Mooresville-Davidson. Other cities that have already spent money on a project, but are not operating, failed to receive such exemptions. A tentative vote from the Senate is expected to take place on Monday.

New Job Growth

Based on statistics provided by the U.S. Bureau of Labor Statistics, North Carolina has added 36,500 nonfarm jobs in the 12-month period ending in March. The state ranked 10th in the nation for annual employment gains through the end of the first quarter. In March alone, the N.C. Employment Security Commission released information showing that North Carolina gained 13,900 nonfarm jobs, dropping the state’s unemployment rate to 9.7 percent.

North Carolina Chamber Competitiveness Update

Bill/Resolution Number

Description

Status

Chamber Position

Priority
Issue

SJR17: Joint Regulatory Reform Committee

Creates Joint Regulatory Reform Committee to focus on private-sector job creation by lifting the undue burden imposed by outdated, unnecessary, and vague rules

Passed Senate

Passed House

Ratified

Support

Regulatory Reform

S22: APA Rules: Increasing Costs Prohibition

Sets limits/parameters on how state agencies adopt new regulations

Passed Senate

Passed House

Signed by Governor Perdue

Support

Regulatory Reform

S32/H53: Hospital Medicaid Assessment/Payment Program

Establishes assessments on hospitals and uses the revenue derived from the assessments to obtain Federal Medicaid funds

Passed Senate

Passed House

Signed by Governor Perdue

Support

Health Care

S33: Medical Liability Reform

Makes changes to the state’s medical liability system including limits on non-economic damages and periodic payments of future economic damages

Passed Senate Judiciary I Committee

Passed Senate

Passed House Select Committee on Tort Reform

Passed House

Conference Committee

Support

Legal Reform

S99: Reform UI Tax Structure/Expedite Analysis

Authorizes the Department of Commerce to hire a consultant to analyze the state’s unemployment insurance tax structure

Passed Senate

Passed House

Signed by Governor Perdue

Support

Taxes

S308: State Regulation of Greenhouse Gas Regulation

Prohibits state agencies from adopting, implementing or enforcing a rule that regulates greenhouse gas emissions if the rule is not required by a federal law or regulation, or is more stringent than a corresponding federal regulation or law

Passed Senate Environment Committee

Passed Senate

House Environment Committee

Support

Environment

S386: Repeal G.S. 95-98

Repeals the law banning collective bargaining for state employees

Senate Rules Committee

Oppose

Labor

S666: Cap Motor Fuels Tax at Current Rate

Caps the motor fuel tax at the current rate of 15 cents per gallon from July 1, 2011 through June 30, 2013.

Senate Finance

Oppose

Transportation

S751: Statutory Cap for Motor Fuel Excise Tax Rate

Caps the motor fuel tax rate at the current rate of 15 cents per gallon.

Senate Transportation

Oppose

Transportation

H45/S48: Accelerate Clean Up of Industrial Properties

Allows risk-based clean up of industrial sites

Passed House

Passed Senate Environment Committee

Senate Finance Committee

Passed House

Passed Senate

Signed by Governor Perdue

Support

Environment

H103: Rqmts. for Min'l Oil Spills - 2

Clarifies requirements for notice, collection and removal of mineral oil discharges from electrical equipment

Passed House

Senate Environment Committee

 

Signed by Governor Perdue

Support

Environment

H115: NC Health Benefit Exchange Act

Creates a Health Benefit Exchange Authority

Passed House Health Committee

House Insurance Committee

Support

Health Care

H129/S87: Level Playing Field/Local Govt. Competition

Permits cities to provide phone, cable and broadband services but on terms that are competitively equivalent to a private provider

Passed House

Passed Senate Commerce Committee

Passed Senate Finance Committee

Support

Regulatory Reform

H223: Healthy Families & Workplaces/Paid Sick Days

Mandates paid sick leave for all employees

House Commerce Committee

Oppose

Labor

H399: Cap Motor Fuels Excise Tax Rate

Caps the Motor Fuels Tax at the Current Rate

House Finance

Oppose

Transportation

H542: Tort Reform for Citizens and Businesses

Updates the tort system in North Carolina

Passed House Select Committee on Tort Reform

Support

Legal Reform

H587: North Carolina Jobs Bill

Establishes new guidelines and procedures within the rulemaking sections of the  Administrative Procedures Act

House Commerce Committee

Subcommittee on Business and Labor

Support

Regulatory Reform

H709/S544: Protect and Put NC Back to Work

Modernizes the Workers’ Compensation Act in North Carolina

House Commerce Committee on Tort Reform

Support

Workers’ Compensation Reform

Comments:

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