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It's been a bold-headline month at the General Assembly. We already knew work would get underway on redistricting (a late-session priority per more court action that deemed the state and congressional legislative maps unconstitutional), but the House vote to override the governor's budget veto surprised. The governor's veto remains in effect unless the Senate can pass an override. Meanwhile, more "mini" budget bills head to the Governor’s desk, including one for hurricane recovery.
The following are just some of the stories in which I thought you might have an interest.
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All eyes turn to the Senate as it will now consider an override vote of the Governor’s veto. The Senate vote to override Gov. Cooper’s budget veto is still possible, but it might not happen until after the candidate filing period on December 20
th. Why? Because there have been reports of Democratic leaders introducing Senate members to their primary challengers, should that lawmaker vote to override the Governor’s veto. If political threats are preventing the budget from becoming law, then the Senate will consider the vote once the threat is removed. Having the vote after the candidate filing deadline allows Democrat senators to vote their conscience free of primary opposition threats.
Until then, the Senate is currently busy considering mini-budget supplemental spending plans covering the historic tax credit, the NC DOT budget, funding to implement
Raise the Age criminal justice reform, funding for community colleges, and funding for rural broadband. Teacher pay increases will come up for consideration later this month.
I intend to support the budget on which I have hundreds of hours invested, that I supported as it passed the Legislature, that while not perfect contains many provisions that are good for our state, and that contains about $63 million of provisions that are good for my district. Regardless of how it comes back to the Senate floor or anyone’s opinion of that, the budget is an excellent product of this Legislative session, and I will be voting for its enactment.
The budget’s money report can be found
here
, while the budget special provisions can be found
here
.
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Redistricting Maps Could Delay Primaries
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New maps proposed for 2020 legislative elections emerged from the most open, transparent process North Carolina ever has used to draw election lines. It would be a shame to see those maps tossed out through a process that lacks the same degree of transparency.
The election maps created by House members may not stand up to court scrutiny. The plaintiffs accused House Republicans of partisan bias in five separate county groupings redrawn by the House, arguing for a referee to redraw them. The plaintiffs approved the Senate maps in their brief.
With 2020 primaries quickly approaching, the State Board of Elections says it will need contested election maps by early December to avoid delaying the primary. As the parties wait for the court’s decision, potential candidates do, too. The statewide primary election is March 3. Candidate filing for all races in the 2020 election is set for Dec. 2 – Dec. 20.
But if the court rejects the maps lawmakers submitted, filing for legislative races may be delayed. By law, absentee ballots must be distributed 50 days before an election.
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Congressional Redistricting
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Not content with the outcomes of their racial gerrymandering lawsuits, Democrats and their supporters have shifted their focus to challenging Republican election maps based on “extreme” partisan gerrymandering.
The Democrats are aiming to win again -
Harper v. Lewis was filed Friday, Sept. 27, in state court over partisan gerrymanders in North Carolina’s 13 congressional districts. The case is backed by the National Redistricting Foundation (NRF), a 501c3 affiliate of the National Democratic Redistricting Committee chaired by former Democratic US Attorney General Eric Holder.
Anybody who doubts that Holder’s support for “fair maps” is a phony front need to answer one question: How many blue states has Holder sued? The NRF has supported lawsuits in several red (Republican) states, including Alabama, Georgia, Louisiana, North Carolina, Pennsylvania, and Texas. The organization has also litigated in Virginia – which turned blue in the 2016 presidential election.
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UPDATE: Small Business Health Care Act (SB86)
One of my first pieces of work this year, Senate Bill 86 has hit another snag. This bill enables small employers to join together and purchase insurance as though they were a large employer through association health plans or AHPs. It is estimated that this bill will allow 110,000 more lives to be covered with medical insurance in NC.
However, now, a federal court has vacated key parts of the 2018 Department of Labor rule that facilitated parts of my bill. The U.S. Department of Labor has appealed that court decision. Therefore, until the case is resolved, the new opportunities presented in Senate Bill 86 are currently on hold in North Carolina and other states.
In states where new AHPs were created under the U.S. Department of Labor rule before the court decision, the U.S. Dept. of Labor is allowing them to continue operating -- but only until the end of their contract term or plan year. These AHPs cannot market to or sign up new employer members. Also, the decision does not affect opportunities employers have to form AHPs under our existing traditional MEWA and group insurance laws.
Should the federal court’s decision be overturned, North Carolina will be ready to take advantage of the recent passage of Senate Bill 86.
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Mini-Budget Bills
Lawmakers will continue to consider mini-budgets as the budget veto stalemate drags on into another month. In place of a full budget, Republican lawmakers have pushed forward
mini-budgets
to cover provisions that have bipartisan support. Several of these piecemeal budgets have already become law, including one to draw down federal dollars and another to provide money for disaster recovery efforts.
This week both the House and Senate advanced mini-budgets covering the historic tax credit, N.C. Department of Transportation budget, funding to implement Raise the Age criminal-justice reform, funding for community colleges, and funding for rural broadband. The General Assembly has moved on other mini-budgets, including those for school safety measures and rape kit testing. These bills would fund several fiscal obligations throughout the state, even if the budget veto is not overridden in the Senate.
- House Bill 387, Growing G.R.E.A.T: The mini-budget provides funding for the 10-year Growing Rural Economies with Access to Technology grant program. The program offers grants to support rural broadband infrastructure projects. H.B. 387 appropriates $15 million from the State Capital and Infrastructure Fund to the G.R.E.A.T. fund for each fiscal year starting from 2019-20 to 2028-29. The bill also expands the program to Tier 2 counties.
- Senate Bill 61, Community Colleges Budget/2019-2021 Biennium: N.C. Community Colleges would see about $1.2 billion in operating funds for each year of the biennium under S.B. 61. The bill provides funding for specific community college programs and lowers the required local matching funds for career coaches in Tier 1 and Tier 2 counties. Pay raises for community college instructors and staff aren’t included in the bill. While the full budget included new capital funds, the mini-budget excluded the provision.
- House Bill 399, Extend Tax Credits/Other Finance Changes: H.B. 399 contains a laundry list of tax credit extensions, deduction adjustments, and appropriations to N.C. Department of Revenue. The bill extends the sunset for the Historic Rehabilitation tax credit, the sales tax exemption for qualifying airlines, the sales tax exemptions for professional motorsports teams, and the Dry Cleaning Solvent program. H.B. 399 expands the Mill Rehabilitation tax credit. The NCDOR would receive $12.5 million in nonrecurring funds for fiscal 2019-20 for tax system upgrades and maintenance. More than $4 million in nonrecurring funds would be appropriated to the NCDOR for each fiscal year of the biennium to contract with a vendor to conduct identity theft and tax fraud analysis.
- House Bill 1001, Raise the Age Funding: H.B. 1001 provides money to implement Raise the Age, a criminal justice reform initiative raising the age of juvenile court jurisdiction to 18. The mini-budget allocates money to hire more assistant district attorneys and district court judges. Under the mini-budget, the Administrative Office of the Courts, the Department of Public Safety, and the Office of Indigent Defense Services would receive money to support implementation.
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Mini-Budget Progress
Mini-Budgets Signed into Law -
Pending Mini-Budgets -
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UPDATE: 2019 Farm Act
Last week, I, along with my Senate colleagues, voted unanimously not to concur with the North Carolina Farm Act of 2019. Senator Jackson recommended the no vote due to a few glaring flaws from the changes made by the House and to prevent disastrous consequences for the state’s fledgling hemp industry. The issues with the House’s version would hamstring a growing industry for rural North Carolina. They would also criminalize buying and selling hemp products that are legal now. Sen. Jackson wanted to delay the smokable hemp ban until Dec. 1, 2020 to give law officers and farmers time to find a test for THC levels to distinguish between what is hemp and what is marijuana.
North Carolina is not alone in our current debate about the legality of smokable hemp. Indiana passed a bill similar to our 2019 NC Farm Act – their law criminalizes the manufacture, finance, delivery, and possession of smokable hemp. On Sept. 17
th
, a federal judge ruled Indiana’s ban unconstitutional.
Past rulings in marijuana cases have allowed conflicting state and federal laws concerning whether federal or state laws were supreme regarding the medical use of marijuana. But a ban could also violate the U.S. Constitution’s interstate commerce clause by interfering with hemp transportation between other states where the smokable plant is legal.
I hope that we use this early judicial decision as a way to understand what can happen if hemp is allowed to be classified as marijuana and the possibility of future legal action in NC if we pass legislation that restricts a viable and legitimate agricultural commodity. I believe that the Senate’s version of SB 315 protects and promotes our Ag industry and does not attempt to handcuff our farmers both by government regulation and criminal liability.
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Welcome Rob Bryan to the Senate
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Former state Representative Rob Bryan was tapped last week to replace Dan Bishop in North Carolina Senate District 39. Bishop resigned from his NC Senate seat after being elected to the 9
th
congressional district on September 10
th
. Gov. Cooper formally named Bryan to serve District 39 through the 2019-20 General Assembly session.
Prior to being appointed to the NC Senate, Bryan served two terms in the NC House of Representatives from 2012-2016. Bryan also served on the UNC Board of Governors and was the former chair of the Mecklenburg Republican Party. We are thrilled to have Rob Bryan join the Senate. I’m excited to see the positive things he will do for the constituents in District 39 and NC.
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Disaster Relief Program
Starting Nov. 6, farmers in Buncombe, Haywood, Henderson, Rutherford, and Transylvania counties will be able to sign up for the NCDA&CS Agricultural Disaster Program. The sign-up period will begin Nov. 6 and will end on Nov. 20.
The program will directly assist farmers who suffered losses to commodities, livestock, poultry, and aquaculture because of excessive rain and flooding that occurred between May 15, 2018, and Dec. 31, 2018. N.C. Department of Agriculture and Consumer Services will administer the program.
Producers in these five counties who experienced a verifiable crop loss as a result of excessive rain and flooding that occurred during the time period will need to go to their local United States Department of Agriculture Farm Service Agency office to file the necessary paperwork for FSA Form 578. This is a required document in the application process for producers who experienced a loss with apples, corn for grain, grass, tomatoes or other field crops.
Producers without a 2018 FSA Form 578 on file can request a manual form at their local USDA Service Center/FSA Office. Please start this process as soon as possible. It could take up to 30 days to complete.
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Henderson County School Awarded Go Outside Grant
Recently the NC Outdoor Heritage Advisory Council reached out to my office to let me know that a school in my district was selected for an NC Schools Go Outside (GO) Grant. I was honored and thrilled to be allowed to personally reach out to Ms. Kristy Ontko and share the good news that her 8
th
-grade class was awarded the grant and will be able to go on a field trip to DuPont State Forest in October.
This initiative for teachers to apply for this grant will afford their students with hands-on learning experiences that I know they will enjoy and take with them for the rest of their lives. Awards like this continually motivate me to work hard to enable the next generation to get outside and engage in all of North Carolina’s natural outdoor activities.
The NC Outdoor Heritage Advisory Council established the NC Schools Go Outside (GO) Grants earlier this year. GO Grants are $250 to $2,500 grants that will be provided to access field study locations and assist with other expenditures that result from form taking students outdoors. Qualifying for a GO grant requires instructors to demonstrate how the experience will address topics currently being taught in class and furthers the Outdoor Heritage Advisory Council’s mission.
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NC Youth Legislative Assembly Accepting Applications
The North Carolina Youth Legislative Assembly (YLA) is a state program that has been in existence for over 49 years. This program continues to shape young leaders and provide them with a hands-on approach to government. The YLA program replicates a legislative atmosphere of geographic diversity similar to our legislature. In doing so, the YLA program builds, encourages, and strengthens character traits that equip students to take leadership roles in civic activities in their communities.
In April 2020, approximately 200 North Carolina high school students will convene at the NC General Assembly for YLA. If you know a high school student with an interest in government, please share this information with them. Applications for the Youth Legislative Assembly are now online and can be found at
https://www.ncleg.gov/YLA
.
If you have questions regarding the YLA program, please contact Erica Gallion, YLA Program Coordinator, at
erica.gallion@ncleg.net
or (919) 301-1372
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