No Legislative Denouement Yet.....

by Womble Bond Dickinson

This week at the General Assembly was full of the hints that the Honorables were ready to wrap things up without actually wrapping things up.

Critical to predicting 2014 legislative adjournment will be the ability of the House and Senate to compromise on the $21 Billion spending plan, and how to address the Common Core Curriculum in our schools. And there is no harmony there. Yet.

A few notable things happened at break neck speed.....

The House Elections Committee passed a bill to allow dead people to vote. Well, sort of.  Earlier this year Republican U.S. Senate Primary Candidate Mark Harris' father cast an early vote by absentee ballot -- legally -- but then passed away before May 6th which was the Primary Election Day. The committee passed HB 1267 - Absentee Ballot/Everette Harris Act The deceased Mr. Harris' vote was challenged and the House has responded with this bill. This bill would also be important for our absentee voters who are overseas military personnel. It is scheduled for full House consideration on Tuesday.

There is a lot of interest in this one. SB 574 - Statute of Repose which we blogged on earlier in the week has been ratified and sent to the Governor. This act is a reaction to the Supreme Court decision in CTS Corp v. Waldburger. The bill clarifies that existing law regarding time periods for lawsuits over liability was intended to address products, and it sets a new standard for this environmental contamination. The bill language was amended into a Senate Bill (formerly dealing with bail bonds) in a House committee, passed unanimously on the House floor, sent to the Senate for concurrence, referred to a Senate committee to review the changes, then the full Senate concurred without dissent. The bill was ratified and sent to the Governor. We expect the Governor to sign the bill. [**Note: If the Governor were to veto the bill it would be sent back to the Senate, then House, for an override vote. It would need the votes of 3/5 of the members in each chamber -- which is an easy threshold for a bill with unanimous support so far. If the Senate and House voted to override the act would "become law over the objection of the Governor".] ***We do not expect a veto but thought we'd slip that civics lesson in... We'll let you know when the Governor signs the bill.

The Senate response to the coal ash pond breach that impacted the Dan River has been swift and strong. SB 729 - Coal Ash Management Act of 2014:, is aimed at the safe and quick closure of coal ash ponds at electric power generating plants - really at Duke Energy. The 44-page bill establishes a timeline for evaluating, ranking and closing the 33 coal ash ponds in NC and specifies 4 that are the highest risk. It requires that Duke pay a new fee that will generate $1.75 million a year to fund positions at DENR to oversee this process and prohibits Duke from recovering those costs through a rate case. This is all unusual in my years of legislature-watching. The bill will be on the Senate calendar Tuesday.

Common Core Curriculum Standards in Education. The House and Senate are both dissatisfied with Common Core and seek to replace it. The Senate bill creates a commission to evaluate standards and put together the best possible plan for our schools; it may include part of Common Core if that's what their research supports. The Senate bill passed the Senate and was debated in the House Education Committee yesterday. The Senate bill author, Sen. Jerry Tillman, was surprised to see that the contents of his SB 812 had been stripped out and replaced with the House language. The House version also forms a commission but prohibits any part of Common Core being included in new standards. This parliamentary trick was unwelcome by the bill sponsor and may impede ultimate compromise on a bill.

For your interest we've included SB 812 in the form it passed the Senate:

And the new language for SB 812 which mirrors HB 1061. (We're just using HB 1061 for this comparison. The new senate bill will be available soon): This is the language that passed the House Education Committee yesterday.

House Judiciary Chairman Leo Daughtry has referred SB 853 - Business Court Modernization to a standing subcommittee and expects the bill to have a hearing next week.

Some tweaks to last session's unemployment insurance reform law has passed both chambers and awaits ratification. House Bill 1069 is here; The bill was presently primarily as ensuring compliance with federal law and is the result of an interim study committee recommendation. There continues to be some partisan division in this area.

The Medicaid Plan Trifecta: We have now seen House and Senate Medicaid plans as well as the Governor's. There is no way I can explain this better than WRAL's Mark Binker. Have a look here for details:

Up next week: everything. Get some rest over the weekend. Have plenty of coffee for the week. Skip the high heels.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Womble Bond Dickinson | Attorney Advertising

Written by:

Womble Bond Dickinson

Womble Bond Dickinson on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.