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NC Legislative Update: September 27, 2019

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NC Legislative Update: September 27, 2019 NC Legislative Update: September 27, 2019 Related Professionals 09.27.2019 David P. Ferrell 919.573.7421 Legislators continued their fall break, with no votes or committee meetings [email protected] held this week. Lawmakers plan to return to Raleigh next week, where it is Michelle L. Frazier expected that we will get more information on the Senate’s plans for taking 919.573.7433 up a vote on the budget veto override, and potentially a plan to wrap up [email protected] major policy items for the year. Legislators are still waiting for the three George T. Smith III judge panel that invalidated their current legislative districts to rule on their 919.653.7836 redrawn maps. [email protected] Practices Legislative & Regulatory Government Contracts Speaker and Minority Leader Clash Over Veto Public Policy & Governmental Affairs Override Industries In a press conference this week, House Minority Leader Darren Jackson claimed that he has been lied to by Republicans, who are being dishonest Public Sector and Government in their accounts of what happened leading up to the September 11 budget veto override vote. Democrats have called the move a “sneak attack”. They claim that they were told that no votes would be taken at a scheduled 8:30 AM session, meaning that their attendance was not needed. This led to the veto being overridden 55 to 15. House leadership has insisted that no message informing the members of no votes at the 8:30 AM session was disseminated. Representative Jackson claims that the vote was a deliberate effort to deceive Democrats, and, given the conflicting stories between Republicans and Democrats, he has called on Speaker Moore, House Rules Chairman Lewis, Representative Saine, and Representative Hardister to all take a polygraph test to judge if they’re lying. Speaker Moore called this a “sideshow” and dismissed the call for lie detector tests as a “publicity stunt.” Moore insisted that the vote was properly noticed and that no announcement of a non-voting session was given. Representative Jackson further raised concerns that the vote was not properly noticed, and mentioned that legal action may be in store. His concerns stem from what is called the “veto garage,” where a motion to consider a veto override is placed on the legislative calendar every day until member absences give the majority party the three-fifths vote margin required to override. The motion to consider the veto override had appeared on the House calendar for around 60 days prior to the vote. NEXSENPRUET.COM WRAL: https://www.wral.com/dem-gop-leaders-spar-over-call-for-lie-detector-test-on-veto-override-vote/18652990/ Blue Cross Blue Shield NC CEO Arrested News surrounding the June 22, 2019 arrest of Blue Cross Blue Shield North Carolina (BCBS NC) CEO Patrick Conway surfaced this week. Conway was charged with driving while impaired (DWI) and misdemeanor child abuse. Cell phone footage shows Conway’s vehicle speeding down the interstate, swerving erratically, before colliding with a tractor- trailer truck. According to a police report, once arrested, Conway refused a breathalyzer test, and then petitioned the officers to let him go, and even threatened to call the Governor if not released. BCBS NC, the largest provider of health insurance in the State, originally stood by Conway, but after State Insurance Commissioner Mike Causey called on them to replace Conway and install a new interim CEO, the BCBS NC Board asked for his resignation. Causey called the incident evidence of a “significant breakdown in the corporate governance at Blue Cross.” Causey was also troubled that the BCBS NC Board did not report the incident to him for months, and then downplayed what happened when doing so. BCBS NC has named their COO, Gerald Petkau as the interim CEO. Conway is set to appear in court on October 8. Alcohol Legislation Update This legislative session has seen numerous laws enacted affecting alcohol sales. Below are several bills with short summaries. � House Bill 389 allows public colleges and universities to allow alcohol sales at their athletic stadiums and events if their board of trustees approves it. � Senate Bill 11 strengthens the ABC Commission’s power to enforce alcohol laws and increases the Commission’s oversight authority for permit holders. � Senate Bill 290 allows distillery permit holders to obtain onsite permits for consumption, allows ABC stores to do special orders, remove restrictions on distilleries for selling alcohol for off-premises consumption, allows distilleries to issue purchase transportation permits to allow individuals to transport large quantities of alcohol, allows liquor tastings at ABC stores, allows retail permit holders to sell private label brands, spells out that a contract brewery is responsible for all aspects associated with manufacturing the product, allows beverage tastings at farmers markets, allows holders of on-premises and off-premises permits to transfer those permits to other establishments owned by the permit holder, increases the allowed discount on beer and wine from 25% to 35%, defines "premises" to include all areas inside or outside of a location that are under control of the permittee, authorizes the sale of more than one drink at a time at certain locations, allows alcohol consumption at bingo games, exempt breweries that do not serve food from food safety codes, limits the creation of new ABC boards, requires ABC boards to accept electronic payments from permit holders, allows alcohol consumption in the common area of a multi-tenant establishment, creates a delivery service permit, allows breweries to sell beverages in areas regardless of a malt beverage election, repeals the purchase-transportation permit requirement when transporting p2 NEXSENPRUET.COM to a mixed beverage permittee, requires the ABC Commission to make quarterly reports to the legislature, allows ABC boards to use employees or contracted employees to deliver spirituous liquor purchased by a mixed beverage permittee, and directs the Program Evaluation Division (PED) to study the actions of the ABC Commission for violations of the law. � House Bill 363 allows breweries that sell less than 100,000 barrels to self-distribute up to 50,000 barrels to unaffiliated businesses. � House Bill 130 allows nonprofit organizations and trade associations to hold “game nights” where alcohol is served. Bishop and Murphy Replacements Named Local county delegations have met to select replacements for two former state legislators who recently won special congressional elections. Former NC House member Rob Bryan will replace Dan Bishop in the State Senate, and Dr. Perrin Jones will replace Dr. Greg Murphy in the State House. Both will have to be formerly appointed by Governor Cooper, who gets ten days to act. Charlotte Observer: https://www.charlotteobserver.com/news/politics-government/article235503112.html WITN: https://www.witn.com/content/news/Pitt-County-Republican-Party-elects-Dr-Perrin-Jones-to-fill-seat-of- Congressman-Greg-Murphy-561179681.html 2019 Session Laws The following 226 bills have become law this session: 1. SB 7: Bipartisan Ethics Appointments 2. SB 75: Restore Ct. of Appeals Membership 3. SB 77: Ag Disaster Fund/Certain Counties 4. SB 214: Ensure Orderly 2019 Elections 5. SB 12: Fill Certain Vacancies/Alexander & Burke Co. 6. SB 56: Revenue Laws Technical Changes 7. SB 4: Extend Terms of 2 Members/Coastal Carolina CC 8. SB 272: Zoning for University Facilities-Durham 9. SB 6: Dare County/CC Construction Funds p3 NEXSENPRUET.COM 10. SB 162: Loan Origination/Late Payment Charge Changes 11. HB 263: Fill Vacancies/Modify 2018 Appointments 12. SB 63: City of Kannapolis/Annexation 13. HB 130: Allow Game Nights 14. SB 505: Rural Job Retention Act 15. SB 605: Highway Storm Recovery Act 16. HB 1014: 2020 Census VTD Verification Program 17. SB 310: Electric Co-Op Rural Broadband Services 18. HB 363: Craft Beer Distribution & Modernization Act 19. HB 233: State Auditor/Local Finance Officer Amends 20. HB 532: DNCR Add New Trails & Various Changes 21. HB 388: Immunizing Pharmacists 22. HB 646: ID Approval/Flex Muni One-Stop 23. HB 70: Delay NC HealthConnex for Certain Providers 24. HB 9: Bessemer City Charter Amendment 25. HB 201: Randolph Co. Register of Deeds Tax Cert 26. SB 252: Dental Bill of Rights 27. SB 138: Even-Yr Municipal Elections/Town of Black Mtn. 28. SB 139: Even-Yr. Municipal Elections/Town of Montreat 29. HB 336: Extend Suspension of Spencer Mountain 30. SB 235: Franklin/Nash Municipalities/Unfit Dwellings 31. SB 30 Stanly CC/Contracting Date Extension 32. SB 381: Reconstitute/Clarify Boards and Commissions 33. HB 301: CIP Revisions/Juvenile Code 34. HB 179: Mini-Truck Classification 35. HB 131: Repeal Map Act 36. HB 82: Railroad Crossings/On-Track Equipment 37. SB 648: Support Shellfish Aquaculture 38. SB 448: Amend Appt For Compact on Education/Military 39. SB 255: State Board Construction Contract Claim 40. SB 151: Break or Enter Pharmacy/Increase Penalty 41. HB 617: Allow Repeat Referral to Teen Court p4 NEXSENPRUET.COM 42. HB 578: Modify Legitimations Provisions 43. HB 548: Modify Physical Therapy Definition 44. HB 383: Topsail Beach Charter/Board Vacancies 45. HB 1016: UNC Boards of Trustees Appointments 46. HB 1017: Special Master Wake House Plan 47. HB 415: Photos of Juveniles/Show-Ups 48. SB 148: Public Records/Release of LEO Recordings 49. SB 11: ABC Regulation and Reform 50. SB 466: EDPNC Modifications 51. HB 57: Create Term for Public Schs. & Codify NCVPS 52. HB 389: ABC/Univ Athletic Facility 53. HB 531: Tenants at Foreclosure Act Restored 54. HB 658: Allow Donations of Unexpired Drugs 55. HB 664: myFutureNC/Postsecondary Attainment Goal 56. HB 432: Water/Sewer to Contiguous Dwelling Units 57. HB 219: NAIC Accreditation Amendments.-AB 58. SB 80: China Grove Satellite Annexation 59.
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