Most of the legislative action was in the state House this week, with legislators compromising on charter schools and debating a bill to put a roadblock in front of high-speed rail.
Partisan divisions intensified, as bills passed largely along party lines, and Democratic Gov. Bev Perdue remained silent about whether she would allow measures enacted by the Republican majorities in the General Assembly to become law.
Reforming charter schools
Republicans ran their campaigns last fall on a 10 point platform to transform the state. Among the items was “eliminating the cap on charter schools.” The Senate took the lead early in the session passing a comprehensive measure, Senate Bill 8, lifting the statewide cap of 100 charter schools. It also changed many of the laws governing the alternative public schools.
Democrats immediately decried the bill as an attack on traditional public schools. As late as Thursday, the N.C. Legislative Black Caucus issued a news release titled, “Right Wing Charter School Bill Invokes Jim Crow’s ‘Separate and Equal.’”
During committee action, House Republicans made two major compromises with Democrats. The GOP amended the bill to require charter schools established after July 1 to provide transportation to low-income kids living within three miles of the school and food service to any poor kids attending the school. The Senate version does not include such requirements, so the differences would have to be worked out in a conference committee.
The compromises didn’t blunt Democratic opposition. “If we pass this bill, we sign the death warrant of traditional public schools,” Rep. Rick Glazier, D-Cumberland, said.
The House took its first of two votes on the bill, passing it 69-48. Republicans were able to bring only one Democrat to their side — freshman Rep. Marcus Brandon, D-Guilford. Perdue has said she would support simply lifting the cap, but has reservations with other provisions in the bill.
Redistricting begins
State senators met for the first time this week to begin redrawing the lines of the state’s legislative and congressional districts. The work must be done every 10 years following the federal census. This will mark the first time in more than a century Republicans have controlled the process.
The General Assembly draws the lines between the state’s 120 House districts, 50 Senate districts, and 13 congressional districts. The census indicates the areas surrounding the state’s urban centers will gain more legislative influence as people have moved from the countryside to the suburbs. Republicans are likely to draw districts that are more favorable to their candidates. A major challenge will be to avoid the lawsuits that plagued the last redistricting at the turn of the century.
“My goal is to make sure that we stay out of court, put normal people in the process and show that this can be done fair and legally without and gerrymandering,” said Sen. Bob Rucho, R-Mecklenburg, who chairs the Senate’s Redistricting Committee.
Fighting federal rail funds
The House again has taken the lead in trying to limit influence from the federal government. Initially, the General Assembly passed House Bill 2, letting North Carolina opt out of the federal health care law. This week, the debate focused on House Bill 422, from Rep. Ric Killian, R-Mecklenburg. This measure would grant the General Assembly additional authority to direct the N.C. Department of Transportation to accept or reject money for President Obama’s proposed high-speed rail project.
Killian says high-speed rail would be an improper use of the state’s 317-mile railroad corridor, which spans the state from Wilmington through Raleigh, Greensboro, and Charlotte.
He said the issue is simple. Passenger rail generates losses, and freight traffic generates income. “It’s easy to conclude that we must maximize the use of freight,” Killian said in a committee hearing. “Pulling trucks off of the road will do more to minimize maintenance cost of that road system, relieve congestion than it will to put passengers onto the high-speed rail.”
Democratic opponents of his bill say refusing the money will cost the state jobs in the construction phase of the new passenger rail system and also make it easier for people to crisscross the state when trains start running on upgraded tracks. The job-creation figures cited by state officials are questionable.
North Carolina already has received at least $545 million for the upgrade from the U.S. government. It also is seeking a share of the money refused by Florida and a couple other states for commuter trains.
Earlier today, the Charlotte Business Journal reported that Rucho and Senate President Pro Tem Phil Berger, R-Rockingham, had agreed to drop their opposition to the federal money. The bill is in the House Transportation Committee.
Outlawing red-light cameras
The Senate also voted to outlaw the red-light camera systems some cities use to monitor busy intersections. Sen. Don East, R-Surry, sponsored the bill, citing various legal issues the systems have faced after being implemented. East also said he thinks people accused of running a red light should be able to cross-examine the officer issuing the ticket.
Opponents said the red-light cameras make busy intersections safer. Various Democrats voiced opposition, noting safety reports of the cameras reducing the number of accidents at intersections. The vote was 36-14 in favor of the bill. One more vote must be taken. It’s on Monday night’s calendar.
Leadership term limits
The House gave final approval to House Bill 61. It would limit how long a speaker of the House and Senate president pro tem can serve to two regular sessions of the General Assembly.
The bill would prevent a repeat of the tenure of Sen. Marc Basnight, D-Dare, who served as president pro tem of the Senate for 18 years, or nine regular sessions of the General Assembly.
Former Speaker of the House Joe Hackney, D-Orange, objected to the bill. “I’m loathe to do anything that puts the legislative branch at a disadvantage to the executive,” Hackney said.
The bill passed the House 72-46. It must now cross over to the Senate.
Bill filing deadline
The legislative week ended with a flurry of bills being filed. The deadline for House lawmakers to get their bills in the hopper was Wednesday. It meant Thursday’s calendar included more than 200 bills to be read into the record.
Some of the notables include House Bill 683, the “Born Alive Infant Protection Act.” It would define an infant born alive at any stage of a pregnancy as a “person” in state law. Rep. John Blust, R-Guilford, is the primary sponsor.
Rep. David Lewis, R-Harnett, filed House Bill 777, the “Defense of Marriage” amendment. It would place a constitutional amendment referendum on the 2012 general election ballot that, if ratified, would define marriage as between a man and woman.
Blust also filed House Bill 784, the “Three-Fifths Vote to Levy Taxes” amendment. It also would place a constitutional amendment on the 2012 general election ballot that, if ratified, would require both chambers of the General Assembly pass any new tax by a three-fifths majority.
Anthony Greco is an associate editor of Carolina Journal.