20 bills remain; next actions posted 3 pm Saturday

August 31, 2007

As of 2 p.m. Friday, August 31, 2007, 20 bills remain on the Governor’s desk for action by the midnight Saturday deadline.  Any bills not signed or vetoed by then become law Sunday, September 2, 2007. We plan to process Saturday and Sunday the last days of bill signings.  Any bills signed Friday evening will be posted on this site around 3 pm on Saturday. Any bills that might become law without the Governor’s signature might not be processed until after the Labor Day holiday, however.

Our “pending on the Governor’s desk link” might still show those 20 bills until Tuesday, but the “laws enacted in 2007″ link will update as soon as the bills are processed here.

The current list of bills pending appears after the jump:

Read the rest of this entry »


day 29: 14 bills signed

August 31, 2007

14 bills were signed by Governor Easley Friday, August 31, 2007, day 29 of 30 days post-session for the Governor to act on bills:

2007-518 H820 Amend Interbasin Transfer Law. HTML | RTF | PDF ]
2007-519 H705 School Food Service Equipment/Lease-Purchase. HTML | RTF | PDF ]
2007-520 H1551 State Gov’t Acctability/Internal Control Act. HTML | RTF | PDF ]
2007-521 H1593 State Health Plan/Plan Yr. Change.. HTML | RTF | PDF ]
2007-522 H206 Bronze Star Special Plate Changes. HTML | RTF | PDF ]
2007-523 S1465 Swine Farm Env. Performance Standards HTML | RTF | PDF ]
2007-524 S1272 Motor Fuel Tax Exemption For Biodiesel HTML | RTF | PDF ]
2007-525 S864 Amend Chiropractic Practice Act. HTML | RTF | PDF ]
2007-526 S831 Wireless Telecommunications Facilities. HTML | RTF | PDF ]
2007-527 S540 Revenue Laws & Motor Fuels Tax Tech. Changes. HTML | RTF | PDF ]
2007-528 S692 Boxing Advisory Commission. HTML | RTF | PDF ]
2007-529 S490 Industrial Machinery – Building Code. HTML | RTF | PDF ]
2007-530 S1362 Amend Dry-Cleaning Solvent Cleanup Act. HTML | RTF | PDF ]
2007-531 S1435 Amend Funeral Serv. Prac./Other Related Laws. HTML | RTF | PDF ]

20 bills remain on the Governor’s desk, out of the 208 pending at the end of session.

You can keep up with bills pending on the Governor’s desk by clicking here, and with laws enacted in 2007 here. (that list is totally updated) The Governor has until midnight, September 1, 2007, to act on bills.


34 bills remain

August 31, 2007

As of 10 a.m. Friday, August 31, 2007, 34 bills remain on the Governor’s desk for action by the midnight Saturday deadline.  Any bills not signed or vetoed by then become law Sunday, September 2, 2007. We plan to process today, Saturday, and Sunday the last days of bill signings.  Any bills that might become law without the Governor’s signature might not be processed until after the Labor Day holiday, however.

Our “pending on the Governor’s desk link” might still show those 34 bills until Tuesday, but the “laws enacted in 2007″ link will update as soon as the bills are processed here.

The current list of bills pending appears after the jump:

Read the rest of this entry »


Override rubber stamp

August 31, 2007

The North Carolina General Assembly has never overriden a gubernatorial veto. Don’t say we didn’t plan ahead, however.  G.S. 120-29.1(c), enacted along with the veto constitutional amendment in 1995, states:

“(c) If the Governor returns any bill to the house of origin with his objections, the Governor shall write such objections on the measure or cause the objections to be attached to the measure. When any such bill becomes law after reconsideration of the two houses, the principal clerk of the second house to act shall, below the objections of the Governor, sign the following certificate: “Became law notwithstanding the objections of the Governor, ________.m. this ________ day of ________, ________”. The principal clerk of the second house to act shall fill in the time. The enrolling clerk shall deposit the measure with the Secretary of State.”

Being an efficient bureaucracy, we ordered a rubber stamp for this in 1997, which has lain unused in a drawer for a decade.

stamp.jpg


day 28: 37 bills signed

August 30, 2007

37 bills were signed by Governor Easley Thursday, August 30, 2007, day 28 of 30 days post-session for the Governor to act on bills:

2007-481 S1147 Dealer MV Inspection/Records/MV Registration HTML | RTF | PDF ]
2007-482 S1313 Zoning Near State Capitol HTML | RTF | PDF ]
2007-483 S103 Various Special License Plates HTML | RTF | PDF ]
2007-484 S613 2007 Technical Corrections Act HTML | RTF | PDF ]
2007-485 S646 Enact WASC Recommendations HTML | RTF | PDF ]
2007-486 H291 Sudan (Darfur) Divestment Act. HTML | RTF | PDF ]
2007-487 S684 Spay/Neuter Funding. HTML | RTF | PDF ]
2007-488 S1457 Bond Lic. Plate Agent/Online Veh. Regist. HTML | RTF | PDF ]
2007-489 H726 Amend Electrolysis Practice Act/Fees.AB HTML | RTF | PDF ]
2007-490 H1786 Regulate Mixed Martial Arts/Fees. HTML | RTF | PDF ]
2007-491 S242 Reform Tax Appeals HTML | RTF | PDF ]
2007-492 H769 Unified Carrier Registration/CDL Changes. HTML | RTF | PDF ]
2007-493 S999 DWI Technical Corrections HTML | RTF | PDF ]
2007-494 S229 Legal Status of Prisoners HTML | RTF | PDF ]
2007-495 S844 Amend Env. Laws/Env. Tech Corrects 2007 HTML | RTF | PDF ]
2007-496 H779 Increase Contributory Death Benefit.-AB HTML | RTF | PDF ]
2007-497 H1499 Property Tax and PUV Changes and Studies. HTML | RTF | PDF ]
2007-498 H349 Local School Board Member Removal. HTML | RTF | PDF ]
2007-499 H514 Increase Length Limits for Transit Buses. HTML | RTF | PDF ]
2007-500 H487 Exemption For Baler Twine From Sales Tax. HTML | RTF | PDF ]
2007-501 H488 Alternative Hearing Before School Reassign. HTML | RTF | PDF ]
2007-502 H634 Advance Directives/Health Care POA. HTML | RTF | PDF ]
2007-503 H679 Safety/Emission Inspection Changes.-AB HTML | RTF | PDF ]
2007-504 H627 Extend Pilot/Clarify LME Functions/LME Admin. HTML | RTF | PDF ]
2007-505 S1364 Scrap Vehicle Purchase/Parts-Records. HTML | RTF | PDF ]
2007-506 S1485 Amend NC Appraisers Act/Fees. HTML | RTF | PDF ]
2007-507 S1527 Amend Insurance Laws/Producers and Bail Bonds. HTML | RTF | PDF ]
2007-508 S1546 Clarify Public Access To Personnel Records. HTML | RTF | PDF ]
2007-509 S301 Expunge DWI Civil Revocation. HTML | RTF | PDF ]
2007-510 H1828 Strengthen Judicial Fund. HTML | RTF | PDF ]
2007-511 S854 Amend Private Protective Services Act. HTML | RTF | PDF ]
2007-512 H943 Updating of Jury List. HTML | RTF | PDF ]
2007-513 S1351 Clarify MV Franchise Laws/Dealer Termination HTML | RTF | PDF ]
2007-514 H316 Amend Civil Procedure Rule 45. HTML | RTF | PDF ]
2007-515 H1595 Economic Development Modifications. HTML | RTF | PDF ]
2007-516 H1659 Criminal History Checks/DPI Employees. HTML | RTF | PDF ]
2007-517 H536 Enhanced Training for School Administrators. HTML | RTF | PDF ]

34 bills remain on the Governor’s desk, out of the 208 pending at the end of session.

Read the rest of this entry »


Impact fee compendium

August 30, 2007

In addition to the Occupancy tax compendium posted earlier today, our Research Division has also put together a compendium of local acts relating to development impact fees (current as of the end of the 2005 legislative session) research by a legislative intern in 2005 showed that between 1985 and 1991, 22 cities and three counties were authorized to levy development impact fees, but none were enacted between then and 2005. (some were amended later)

CAVEAT: We are not sure whether the table has been updated to include later amendments to a listed local act. On our list of things to do for next year is to Shepardize the table to update it.


House Bill 1761 vetoed

August 30, 2007

Governor Easley has vetoed House Bill 1761, the Job Maintenance and Capital Development Fund.  The bill has been returned to the House of Representatives for further action.

A copy of the veto message is here.

Unlike the United States Constitution, there is no pocket veto, the Governor must call the General Assembly back into session to allow it consider overriding the veto.  The Governor must reconvene the 2007 Regular Session to start no later than Tuesday, September 11, unless by that date a majority of members in each house sign a petition declaring the a reconvened session is not necessary to reconsider passage of the bill. At a reconvened session, the only bills that can be considered are those that have been vetoed.

The Constitution requires a vote of three-fifths of the members present and voting to override a veto. The House acts first, the Senate only gets the bill for action if the House votes to override. Article II, Section 22(1) of the North Carolina Constitition provides:

“[A]ll bills shall be read three times in each house and shall be signed by the presiding officer of each house before being presented to the Governor.  If the Governor approves, the Governor shall sign it and it shall become a law; but if not, the Governor shall return it with objections, together with a veto message stating the reasons for such objections, to that house in which it shall have originated, which shall enter the objections and veto message at large on its journal, and proceed to reconsider it.  If after such reconsideration three-fifths of the members of that house present and voting shall agree to pass the bill, it shall be sent, together with the objections and veto message, to the other house, by which it shall likewise be reconsidered; and if approved by three-fifths of the members of that house present and voting, it shall become a law notwithstanding the objections of the Governor.  In all such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively.”

Information on past vetoes is here, more information on reconvened sessions here.

Read the rest of this entry »


Occupancy tax compendium

August 30, 2007

The North Carolina General Assembly by local act has authorized 74 counties, 76 municipalities, two townships, and two special districts to levy room occupancy taxes. The staff of the Research Division has put together a 55-page compendium of the acts relating to those 154 jurisdictions, covering the name of the entity, date of enactment, the maximum amount of the tax, how the proceeds are allocated, the governing body responsible for the allocations, and a column for special notes.  Included for each act is a hyperlink to the actual local acts or acts. The compendium is updated through actions of the 2007 General Assembly.

Due to the formatting style of the linked MsWord document, you have to do CTRL+mouse click to jump from the document to the actual local act.

Also, please see our development impact fee local act compendium post.


Past vetoes

August 30, 2007

I had a couple of calls today asking for a list of past vetoes, which our legislative library has helpfully kept. North Carolina was the last state to give the Governor a veto, the General Assembly approved a constitutional amendment and implementing statute in the 1995 session, voters approved it in 1996, and it became effective in 1997. Delaware had been the most previous state to have no veto, they granted their Governor a veto in the early 1900s.

 Under the Dome has helpfully catalogued the past vetoes:

Making legislative appointments, changing mortgage lending laws, changing teacher certification, compensating billboard owners, changing teacher certifications, selling an airport site to Currituck County for a dollar and granting access to state buildings to employees associations.


day 27: 16 bills signed

August 29, 2007

16 bills were signed by Governor Easley Wednesday, August 29, 2007, day 27 of 30 days post-session for the Governor to act on bills:

2007-465 H1912 School Bus Retrofits in Nonattainment Areas. [ HTML | RTF | PDF ]
2007-466 H1739 Notice and Rights Re Sch Suspens/Expulsion. [ HTML | RTF | PDF ]
2007-467 H1529 Actuarial Valuation/Retiree Health Benefits. [ HTML | RTF | PDF ]
2007-468 H1488 Amend Psychology Practice Act. [ HTML | RTF | PDF ]
2007-469 H38 Silver Alert System/Missing Persons Alert. [ HTML | RTF | PDF ]
2007-470 H1652 Special Plate for E-911 Telecommunicators. [ HTML | RTF | PDF ]
2007-471 H1688 Amend Combined MV Registration and PT System. [ HTML | RTF | PDF ]
2007-472 H1650 Increase Membership/Acupuncture Licensing Bd. [ HTML | RTF | PDF ]
2007-473 H1685 Adlt Care Home or Nursing Home/Expedited Con. [ HTML | RTF | PDF ]
2007-474 H1707 Detention Officers Courthouse Firearms. [ HTML | RTF | PDF ]
2007-475 H1718 Cities Enact Fair Housing Ordinances. [ HTML | RTF | PDF ]
2007-476 H177 Comm. Coll./Participate in Energy Loan Prog. [ HTML | RTF | PDF ]
2007-477 H63 Property Tax – School Capital Leases. [ HTML | RTF | PDF ]
2007-478 H1308 Lifetime Cert. After Teaching 50 Years. [ HTML | RTF | PDF ]
2007-479 H1322 Fire Chiefs/EMS Director: Crim. Requests. [ HTML | RTF | PDF ]
2007-480 H1738 Advisory Comm./Hosp. Infection Incidence. [ HTML | RTF | PDF ]

Interestingly, the first 9 bills (SL 2007-465 through 2007-473) were signed between 3 am and 4 AM.

72 bills remain on the Governor’s desk, out of the 208 pending at the end of session.

You can keep up with bills pending on the Governor’s desk by clicking here, and with laws enacted in 2007 here. The Governor has until midnight, September 1, 2007, to act on bills.


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