2007 Legislative Policy Priorities for the NC General Assembly
1. Progressive Taxation
- SB213 / HB2030 – Phase Out Medicaid
County Share
Referred to Senate and House Appropriations Committees
- HB539 –
Homestead
Referred to House Finance Committee
- SB955 / HB51 – Earned Income Tax Credit
Referred to House and Senate Finance Committees
Not included in Senate Budget Plans
- HB2023 – Increase Income Limit for
Homestead
Referred to House Finance Committee
- HB1982 –
Local Option Land
Referred to House Finance Committee
Whereas
Whereas over the past 25 years the entire revenue system has gradually lost much of its progressive character, as regressive sales tax increases, which disproportionately burden low and moderate-income families, have been used by the legislature to raise considerably more revenue than the graduated income tax, and
Whereas more and more of the economy revolves around services and internet sales, which are often not taxed, and can be difficult to collect when they are taxed, and
Whereas a tax system that fails to recognize the economy of modern services and e-business has become deeply flawed and threatens the state’s ability to pay for education and human service needs in the 21st century;
Therefore be it resolved that the North Carolina Democratic Party will use all of its influence to encourage the 2007 General Assembly to promote simple, fiscally responsible tax policies that promote economic prosperity for working families, as well as economic growth for the entire economy, including:
(1) Ending the practice of excessively taxing earned income in order to provide a tax subsidy for unearned income,
(2) Utilizing the 2005 report of the
Sustainable Way
(3) Implementing the “Studies Act” (House Bill 1723, Session Law 2006-248), and fully funding the Government Performance Audit Committee authorized by that Act,
(4) Increasing the Tobacco Tax to generate adequate funds to cover tobacco related health care costs incurred by the taxpayers of
(5) Phasing out the regressive sales tax on unprepared food,
(6) Expanding the Earned Income Tax Credit for those who work, yet remain in poverty,
(7) Enacting the Homestead Exemption Bills (SB1891 and HB 1830 in the 2006 legislature) to freeze property taxes for the elderly on fixed incomes,
(8) Empowering local governments with additional tools of progressive taxation with which to meet their expanding needs, including impact and transfer fees.
2. Clean Energy Future
- SB3 / HB77 – Promote Renewable Energy / Energy Efficiency
Referred to Senate Committee on Agriculture, Environment, and Natural Resources; Referred to House Committee on Energy and Energy Efficiency
- SB668 / HB1075 – Energy Conservation in State Buildings
Failed to make crossover - Must be reintroduced in 2009
- SB670 / HB1187 – Energy Devices That Use Renewable Resources
Passed the Senate; Currently in House Committee on Commerce, Small Business, and Entrepreneurship
- SB 505 / HB557 – Income Tax Credit for Energy Efficient Homes
Referred to Senate Committee on Agriculture, Environment, and Natural Resources; Referred to House Finance Committee
- SB539 / HB1097–
Chapel Hill Energy Efficiency Incentives
Passed the House; Currently in the Senate Finance Committee
- SB634 / HB557 – NC GREEEN Act (Green Business Fund)
Referred to Senate Committee on Agriculture, Environment, and Natural Resources; Referred to House Appropriations Committee
- SB939 / HB839 – State Energy Office Funds
Referred to Senate and House Appropriations Committees
- SB927 / HB1073 –
Green School
Referred to Senate and House Finance Committees
Whereas NC utilities are in the process of seeking permits to build two new coal plants and up to two new nuclear reactors; and
Whereas climate change is a major threat to
Whereas new coal plants would directly and substantially increase the state’s greenhouse gas emissions and new nuclear reactors would compound present unresolved nuclear safety, security, and waste problems and divert billions of dollars which could more effectively and safely be used to meet energy demand through energy efficiency and renewable energy; and
Whereas studies commissioned by the NC Utilities Commission and other data strongly support the environmentalist’s contention that an aggressive program of energy efficiency and renewable energy can make building these new plants unnecessary while providing reliable electric service; and
Whereas studies consistently demonstrate that energy efficiency and renewable energy programs move the state toward energy independence and create many thousands more jobs than centralized power plants and these would be distributed across the state rather than centralized in a few counties;
Therefore be it resolved that the North Carolina Democratic Party strongly urges its legislators, as a matter of the highest priority, to pass legislation this session applying to investor-owned utilities to:
(1) Create a state Renewable and Efficiency Portfolio Standard (REPS) which would establish a requirement that a minimum percentage of the electricity sold in North Carolina be supplied by energy efficiency and renewable energy with the goal of meeting at least at least 20% of investor-owned utility electric sales in North Carolina by 2020; and
(2) Create a state Public Benefit Fund, consisting of a small charge on each kilowatt hour of electricity sold (costing about $1/mo. per household) to promote cost-effective energy efficiency programs, do low-income weatherization, and train a workforce to implement efficiency and renewable services; and
(3) Assure recurring appropriations for the highly successful State Energy Office of at least $5 million per year; and
(4) Maximize state and private use of high performance building technology and funding mechanisms in order to lower power bills, reduce electricity demand, and mitigate global warming; and
(5) Change the structure of electric utility rates to align utility profit incentives with accelerated development of energy efficiency and renewable energy sources statewide.
3. Death Penalty Moratorium
- SB1075 / HB553 – Prohibit Execution of Severely Mentally Disabled
Failed to make crossover - Must be reintroduced in 2009
Whereas the current Democratic Party Platform calls for a moratorium on the death penalty, and
Whereas resolutions in support of a moratorium on executions have been passed by 38 local governments, including the cities of Greensboro, Winston-Salem, Chapel Hill, Carrboro, Durham, Charlotte, Asheville, Thomasville, Hillsborough, Cary and Fayetteville, as well as the counties of Guilford, Durham, Orange, Chatham and Bertie; and
Whereas the 2005 NC State Senate supported a two-year moratorium on executions by passing SB 972; and
Whereas the Death Penalty represents the ultimate and irreversible expression of state power granted to it by the citizens of NC, requiring careful oversight and supervision; and Whereas commissions created to study the issue, including one created by the 2005 NC House, continue to find a racial bias and prosecutorial misconduct in the administration of the Death Penalty;
Therefore be it resolved that the North Carolina Democratic Party will use all of its influence to encourage the 2007 General Assembly to immediately implement a Moratorium on the Death Penalty, to remain in effect until such time as the State of NC implements policies and procedures that:
(1) Ensure that death penalty cases are administered fairly and impartially in accordance with basic due process,
(2) Eliminate racial disparities in charging, sentencing and imposition,
(3) Eliminate the risk that innocent persons may be executed, and
(4) Prevent the execution of mentally disabled persons and persons under the age of 18 at the time of their offenses.
4. Education Lottery Funding
- SB47 – Lottery Proceeds Do Not Supplant School Funds
Referred to Senate Appropriations/Base Budget Committee
Whereas H1023, the bill that created the North Carolina State Lottery, originally stated "The net revenues generated by the lottery shall not supplant revenues already expended or projected to be expended for those public purposes, and lottery net revenues shall supplement rather than be used as substitute funds for the total amount of money allocated for those public purposes," and
Whereas that language was removed in the final version of the bill; and
Whereas the NC Office of State Budget and Management has reported that $210 million of lottery proceeds will be used for funding the More at Four program and for reducing class sizes in elementary schools, programs which already were funded in the fiscal year 2005-06 appropriations bill; and
Whereas all net proceeds from the education lottery ought to be spent to improve educational opportunities in the state beyond the levels that are provided by educational funding in the general fund;
Therefore be it resolved that the North Carolina Democratic Party will use all of its influence to encourage the 2007 General Assembly to immediately introduce and support a bill in the General Assembly to provide that lottery revenues deposited in the special fund for education be used only for programs to improve educational opportunities that are not normally funded from the state general fund, and that net proceeds from the lottery be transferred quarterly, not annually as at present, to the special fund for education.
5. Stronger State Government Ethics Act
- HB478 – Restore Confidence in the Legislature Act
Failed to make crossover - Must be reintroduced in 2009
- HB600 – Reform Legislative Ethics
Failed to make crossover - Must be reintroduced in 2009
Whereas the North Carolina General Assembly for many years has been widely perceived as having a "pay-to-play" culture in which legislators are dependent on money raised by special interests including power companies, banks, home builders, and insurance companies; and
Whereas The State Government Ethics Act, H 1843 / S.L. 2006-201, fails either to eliminate the dependence of legislators on special interests for raising campaign money or to provide independent and public accountability for violations of ethics provisions;
Therefore be it resolved that the Democratic Party of North Carolina will use all of its influence to encourage the 2007 General Assembly to immediately introduce and support a bill to amend the State Government Ethics Act to ensure that:
(1) Lobbyists and their principals will not be permitted to collect or bundle campaign contributions by organizing fundraising events or having other persons deliver contributions collected;
(2) The Ethics Commission will have the power to not merely screen complaints, but make judgments and impose sanctions on government officials who violate the ethics statute, without having to refer cases to the General Assembly.
6. Collective Bargaining for State Employees
- HB1583 – Restore Contract Rights to State/Local
Failed to make crossover - Must be reintroduced in 2009
Whereas North Carolina’s General Statute § 95-98 prohibits collective bargaining by state and local government employees, denying the right to collective bargaining to 650,000 public employees; and
Whereas denial of the right to collective bargaining is a violation of labor protections guaranteed by the North American Agreement for Labor Cooperation (NAALC), and by conventions of the International Labor Organization (ILO); and
Whereas the NAALC and other international agreements also require standards of due process for workers, protection of health and safety on the job, and protection against employment discrimination, and in denying its workers the right to negotiate contracts, the state weakens these protections as well;
Therefore be it resolved that the Democratic Party of North Carolina will use all of its influence to encourage the 2007 General Assembly to immediately introduce and support a bill to repeal NC GS § 95-98.
7. Independent Redistricting Commission
- HB76 – Independent Redistricting Commission
Failed to make crossover - Must be reintroduced in 2009
- HB149 – Independent Redistricting Commission
Failed to make crossover - Must be reintroduced in 2009
Whereas the Democratic Party of North Carolina strongly believes that competitive elections are the essence of democracy, and
Whereas that the present partisan system of drawing district lines results in a situation in which fewer than 15% of North Carolina legislative districts are typically considered competitive and in 2006 fewer than half the districts had more than one candidate running in the general election, and
Whereas it is in the best long-term interests of the Democratic Party to foster electoral democracy and a government of, by, and for the people and to reform the redistricting process when it is in power and can better assure a fair and transparent outcome,
Therefore be it resolved that in order to create legislative and congressional districts that are representative of the population and districting plans that result in competitive congressional and legislative districts, the North Carolina Democratic Party will use all of its influence to encourage the 2007 General Assembly to immediately introduce and support a bill to create a Nonpartisan Independent Redistricting Commission in accord with the following criteria:
(1) The Commission should be structured so that any redistricting plan requires the support of other political parties and shall respect the rights of unaffiliated voters.
(2) Approval of redistricting plans should require approval by a super-majority of the Commission.
(3) The Commission should be made up of an odd number of members who reflect the geographic, racial, ethnic, gender, and age diversity of the state.
(4) Districts shall comply with the United States Constitution and the Voting Rights Act to ensure minority voting interests are protected.
(5) District boundaries shall respect communities of interest to the extent practicable, including local government boundaries, and shall be geographically compact and contiguous.
(6) Competitive districts shall be favored.
(7) The Commission shall conduct public hearings throughout the state, open all regular meetings, and make all materials publicly available for free.
(8) Members of the Commission shall be prohibited from all ex-parte communications with members of the legislature, other elected officials, former elected officials, candidates for office, representatives of political parties and registered lobbyists regarding redistricting.
(9) Redistricting shall occur once every 10 years following the decennial U.S. Census and Congressional Reapportionment, unless another plan is approved by a vote of the people or required by court order.
(10) A system should be established that allows for judicial review of plans and for a clear process for timely review in the event of legal challenges.
(11) The Commission should also consider the creation of proportional representation systems and multi-member districts. Proportional representation systems can more accurately reflect the will of a district's voters by allowing voters in the minority to win a share of representation alongside voters in the majority.
8. Election Reform
- SB1205 / HB1517 – Campaign Public Financing for Council of State
Referred to Senate Committee on Government and Election Reform; Referred to House Election Law and Campaign Finance Reform Committee; Bill is scheduled to be heard in the House at 1pm on Wednesday, June 20th in Room 1425.
- SB1261 / HB1949 – Campaign Public Financing Pilot for General Assembly
Referred to Senate Committee on Government and Election Reform; Referred to House Committee on Election Law and Campaign Finance Reform
- SB418 / HB483 – Campaign Public Financing for Town of
Chapel Hill
Passed the House; Referred to Senate Committee on State & Local Government
- HB465 – Campaign Contribution Limits for Town of
Carrboro
Failed to make crossover - Must be reintroduced in 2009
- SB1260 / HB1828 – 527 Regulation
Passed the Senate; Referred to the House Committee on Election Law and Campaign Finance Reform
Whereas studies by independent research organizations show that campaign contributions to judges from individuals who have, or will have, business with the court has dropped from 73% of non-family contributions in 2002 to 14% of non-family contributions following passage of the Judicial Reform Act; and
Whereas the Judicial Reform Act has resulted in a large expansion of the number of voters who make contributions to judicial candidates; and
Whereas the Judicial Reform Act provides appropriate guidelines that can be applied to the elections for Council of State offices if the problem of 527 contributions is addressed; and Whereas the North Carolina Democratic Party is committed to election rules that promote maximum voter participation and calls for a Voter-Owned elections in its platform, in the last two SEC meetings, and in the last state Convention;
Therefore be it resolved that the Democratic Party of North Carolina will use all of its influence to encourage the 2007 General Assembly to immediately introduce and support a bill to apply the principles of Voter Owned Elections from the Judicial Reform Act to the elections of members of the NC Council of State; and
Be in further resolved that the Judicial Reform Act be amended to explicitly count 527 contributions in the candidate contribution totals that can trigger the issue of rescue funds, and
Be it further resolved that the Governor of NC designate Election Day as a State Holiday to encourage maximum voter participation.
9. End the Winner-Take-All System of Awarding Presidential Electors
- SB353 – Presidential Electors By District
Passed the Senate; Referred to the House Committee on Election Law and Campaign Finance Reform
Whereas the current Democratic Party Platform calls for the proportional allocation of Presidential Electors; and
Whereas, over the last eight (8) presidential elections, the candidates who won NC’s electoral votes received, on average, only 53.6% of the popular vote; and
Whereas a system of awarding presidential electors proportionally would reflect the popular vote more closely than the current “winner-take-all” system and therefore be more democratic; and Whereas a majority of Americans support electing the President by popular vote; and
Whereas the US Constitution gives the NC General Assembly the power to choose the method by which NC presidential electors are awarded;
Therefore be it resolved that the Democratic Party of North Carolina will use all of its influence to encourage the 2007 General Assembly to immediately introduce and support a bill to implement a system of proportional allocation of Presidential Electors in time for its use in the 2008 Presidential election.
10. High Quality, Well Funded, Diverse Schools for All Children
- SB250 / HB320 – T.E.A.C.H. Funds
Referred to the House and Senate Appropriations Committees
- SB251 / HB365 – Smart Start Funds
Referred to the House and Senate Appropriations Committees
- SB329 – At-Risk African-American Students Research Consortium
Referred to the Senate Appropriations Committee
- SB469 – Additional Resources /
Low-Performing Schools
Referred to the Senate Appropriations Committee
- SB504 / HB521 – Communities in Schools Funds
Referred to the House and Senate Appropriations Committees
Whereas the North Carolina Constitution requires adequate and non-segregated schools; and Whereas
Whereas wide discrepancies in school funding levels have been well documented and have been found to be unconstitutional; and
Whereas the State needs to act immediately to ensure that we don’t have another lost generation of children from inner-city and low wealth rural school districts;
Therefore be it resolved that the North Carolina Democratic Party strongly urges its legislators, as a matter of the highest priority, to pass legislation this session to redress this unconstitutional discrimination and inadequacies in education, and be it further resolved that the North Carolina Democratic Party strongly urges its legislators, as a matter of the highest priority, to pass legislation and funding this session for a five-year commitment to place Special Leadership Teams in those High Schools that are now deemed inadequate.
11. Right to Health Care
- HB901 – Health Care for All
Failed to make crossover - Must be reintroduced in 2009
- HB1897 – Health Care for All Planning Commission
Referred to House Committee on Ways and Means
Whereas, almost one third of North Carolinians (2.5 million people) are without health insurance coverage during at least part of each year and another million North Carolinians have inadequate health insurance coverage, and
Whereas, nearly half of individual bankruptcy filings are related to medical bills, and
Whereas, the uninsured receive fewer health care services and are more likely to suffer from preventable health problems, and
Whereas, most uninsured adults have jobs but cannot afford health insurance, and
Whereas, many of those families with health insurance are susceptible to losing it due to unemployment resulting from a layoff or a serious accident or illness, and
Whereas, this resolution has been repeatedly adopted by the Party and the need for it increases every year as the General Assembly refuses to address it due resistance by the health insurance and health care industry,
Therefore be it resolved that the North Carolina Democratic Party use all of its influence to encourage the 2007 General Assembly North Carolina General Assembly to support Representative Verla Insko's Bill on the Right to Health Care; this bill would give voters the opportunity to decide by referendum whether the North Carolina Constitution should be amended to guarantee that residents of our state enjoy the right to health care, just as it does the right to education. If the resolution passes it would mandate that the General Assembly create a plan to bring about affordable health care for all in the state.
