The first major showdown of the 2011 legislative session could come to a head this week, as Gov. Bev Perdue must decide the fate of Senate Bill 13, the Balanced Budget Act of 2011. Meantime, another contentious legislative item, House Bill 2, Protect Healthcare Freedom, is likely to become law without Perdue’s signature.

S.B. 13 diverts funds from business incentive programs Perdue supports, including Golden LEAF, the Tobacco Trust Fund, the One North Carolina Fund, and Job Development Investment Grants. It was ratified and presented to Perdue Feb. 14. She has 10 days either to veto it, sign it, or let it become law without her signature. Perdue suggested to the editorial board of the Greensboro News & Record last week that she might veto the bill, but she has not stated definitively what she will do.

As for H.B. 2, it has passed both the House and Senate and has now been sent back to the House, where members have been asked to approve a minor change before sending it to Perdue. The governor told The Charlotte Observer she would not veto the bill, but she does not intend to sign it either, saying “it’s not worth a battle.” Without her signature or veto, the bill will become law automatically 10 days after she receives it.

Regulatory reform

Senate Bill 17, which creates a Joint Regulatory Reform Committee, is two steps away from becoming law. Already through the Senate, it’s scheduled for a final reading in the House tonight. If passed, it also will be on its way to the governor’s office. The committee would be charged with reviewing “outdated, unnecessary, unduly burdensome, or vague rules … that are an impediment to private sector job creation.”

Charter schools

Senate Bill 8, No Cap on Number of Charter Schools, moved out of its first Senate committee last week, appeared to be headed to the Senate floor, and then was referred back to the Senate Finance Committee. The committee is scheduled to hear the bill Tuesday. S.B. 8 would allow for an unlimited number of charter schools in the state, rather than 100, where the total now is capped.

Tort reform

Senate Bill 33, Medical Liability Reforms, will go to its first committee hearing Tuesday. The bill would cap non-economic damages (such as pain and suffering) in medical liability cases at $250,000.

Daren Bakst, director of legal and regulatory studies for the John Locke Foundation, argues that a cap on noneconomic damages should be extended to all civil proceedings, not just medical malpractice.

Second Amendment

Senate Bill 34, Castle Doctrine, also goes to its first committee meeting Tuesday. The bill attempts to clarify when a person is permitted to use “defensive force” in protecting his home against invasion.

Bakst said Senate Bill 34 and its counterpart, House Bill 52, are not as protective of property owners as a competing bill also titled Castle Doctrine — House Bill 74.

H.B. 74, he said, goes a few steps further in that it also allows for use of force in protecting one’s vehicle and the use of “deadly force” to prevent forcible felonies.

OTHER KEY LEGISLATION:

• House Bill 8, Eminent Domain, Paul Stam, R-Wake

• House Bill 9, Involuntary Annexation Moratorium, Nelson Dollar, R-Wake

• House Bill 32, Electoral Freedom Act, Stephen LaRoque, R-Lenoir

• House Bill 34, State’s Right to Claim Sovereignty, George Cleveland, R-Onslow

• House Bill 65, North Carolina Farmers Freedom Protection Act, Glen Bradley, R-Franklin

• Senate Bill 22, APA Rules: Increasing Costs, Harry Brown, R-Onslow

• Senate Bill 27, Involuntary Annexation Moratorium, Andrew Brock, R-Davie

KEY COMMITTEE MEETINGS:

• The Senate Judiciary I Committee is scheduled to hear S.B. 33 at 10 a.m. Feb. 22.

• The Senate Judiciary II Committee is set to hear S.B. 34 also at 10 a.m. Feb. 22.

• S.B. 8 is due to be heard in the Senate Finance Committee at 1 p.m., Feb. 22.

A list of the regularly scheduled House Committee meetings is here.

UPCOMING BILLS:

House Bill 135, Efficient and Affordable Energy Rates Bill, requires utility companies to charge higher rates per kilowatt hour to customers consuming more energy. It also creates new incentives for purchasing Energy Star appliances. The bill was filed Feb. 16.

The Voter ID Act likely will be filed Wednesday or Thursday. It would require voters to present a government-issued photo ID — including driver’s license, passport, military ID, or tribal ID — before voting in North Carolina.

To reach a member of the House or Senate, you can find individual home pages on the websites.

Sara Burrows is an associate editor of Carolina Journal.