General Assembly Passed Legislation 7-20-06

Thursday at the General Assembly
By The Associated Press
July 20, 2006 7:42 pm

Another week

The General Assembly will stay in session for at least another week as legislative leaders try to settle differences over ethics and lobbying bills, among others. At least 10 pieces of legislation were sent to conference committees this week. Legislators decided to extend the session instead of working late nights this weekend to finish its work and rush through important bills. The Senate plans to meet Friday, then return home until the committees reach compromises on competing House and Senate bills. The House declined to hold a Friday session but intends to return on Monday night for a regular floor session. Both chambers worked on an accelerated schedule this week, passing several outstanding bills considered critical for the completion of this year's two-year session. They also began considering traditional end-of-year bills to make technical corrections to laws, name board and commission members and decide what issues legislators can study formally before next year.

Eye exams

The General Assembly agreed to modify instead of eliminate a program that requires incoming kindergarten students to receive an eye exam to enter school. With Senate approval Wednesday and an 88-15 vote by the House on Thursday, the lawmakers decided that only children who failed an initial vision review would be urged to get a comprehensive eye exam by an optometrist or ophthalmologist. The more thorough exams wouldn't be mandatory, although parents would be alerted that money may be available to help pay for one. The state budget set aside $500,000 for the exams. The Senate twice passed bills this session that would have eliminated the requirement, which was inserted into last year's budget bill by House Speaker Jim Black. Senators reversed their stand Wednesday and agreed to the compromise bill. The original program would have barred any child who didn't receive a comprehensive examination from a North Carolina optometrist or ophthalmologist from attending kindergarten. School districts have sued over the requirement, saying the costly exams would prevent many of the 130,000 children entering kindergarten annually from attending school. A judge in March agreed to stop the requirement from taking effect until the 2007-08 school year. A spokeswoman for Gov. Mike Easley says he will carefully review the bill before deciding to sign it into law.

Eminent domain

North Carolina government agencies would not be able to condemn private properties solely for the sake of economic developments under a measure that both General Assembly chambers approved unanimously. "With that bill, our property rights will be well protected," said Rep. Bruce Goforth, D-Buncombe, who sponsored the proposal. "It's extremely important to retain people's property rights." Some Senate Republicans criticized majority Democrats for a legislative maneuver that blocked any consideration of additional amendments to the bill. Sen. Neal Hunt and other Republicans wanted to change the bill into a constitutional amendment, giving even greater protection to land owners. "A judge can still overrule the law and allow property to be taken for public purpose," said Hunt, R-Wake. "That's a scary thing."

Sex offenders

North Carolina senators increased penalties for sex offenders in a bill that they passed unanimously after renaming it for Jessica Lunsford, the 9-year-old Florida girl who was kidnapped and buried alive. Among the changes, law enforcement will fit some of the state's worst sex predators with GPS tracking devices in an effort to prevent repeat offenses. All registered offenders would be prohibited from working or volunteering in a position where they would supervise or interact with minors. Lawmakers also increased sex offender registration requirements, seeking to keep updated photos and addresses for public access. The bill now returned to the House.

Campaign advertising

The state Senate continued its efforts to strengthen ethics laws, approving a bill that expands the number of big-spending campaign advertisers who must report their expenditures. The measure, passed 38-8, would not restrict campaign advertisements, but it would require advertisers who spend more than $10,000 in a statewide election year to identify the people who contributed over $1,000 to help pay for the ads. The ads would have to identify a candidate. The bill seeks to add more requirements upon independent expenditure groups, usually so-called "527" groups, that have spent more money on recent elections in North Carolina. "The sole aspect of this is for disclosure," said Senate Majority Leader Tony Rand, D-Cumberland. The General Assembly approved legislation just last week that would require more information about donors and expenditures by 527s that produce campaign materials within a set period before the primary and general elections. The bill now goes to the House for consideration.

Bill Lee Act

The Senate has agreed to narrow the state's primary economic incentives program by eliminating some unused tax credits and focusing others on poorer counties. The William S. Lee Act has been in place for 10 years and provided tens of million of dollars in tax credits annually for businesses that create jobs, install machinery, train workers and perform research. The credits have given way to cash grants in recent years as a way to attract new companies to North Carolina. Others have complained the Lee Act hasn't helped enough to improve the economy in low-income areas. Companies that agree to build in 40 counties considered the most economically distressed would be eligible for the highest per-job credit of $12,500. The 20 most economically vibrant counties, largely in the urban Piedmont, would continue receiving $750 per job. Job creation in the 40 counties in the middle would be eligible for $5,000 per job. The measure also would reduce the types of credits to job creation and investments in business property and land. It would still apply to only certain industries such as air cargo carriers, manufacturers and data processors. The Senate gave its final approval 41-5 and it now returns to the House, which must either accept the Senate changes or sent the bill to a conference committee.

Small parties

State senators gave a small concession to North Carolina's small parties by allowing parties that receive 2 percent of the total vote in a gubernatorial or presidential race to stay on the ballot for the next election cycle. The existing threshold is 10 percent, making North Carolina one of the most restrictive ballot-access states in the nation. Only one third party candidate in contemporary North Carolina history has ever met the 2 percent standard. Scott McLaughlin, a Libertarian candidate for governor, drew 4 percent of the vote in 1992. Senators declined to change North Carolina's signature requirement for small parties to get on the ballot. The state demands about 69,000 signatures from new parties to get on the ballot, a standard that ranks among the most difficult in the nation, according to the N.C. Open Elections Coalition. Senate Minority Leader Phil Berger offered a floor amendment that would have lowered the signature standard to about 17,000. Berger's motion failed by four votes.
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