Senate Bill Descriptions
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SB 20 (Appeal Ruling Chair) - Voter-Owned Election for Treasurer
This vote is to appeal the ruling of the Senate President who ruled that an amendment offered that would have required a government issued photo identification be presented at the time of voting was not germane to the underlying bill and thus out of order. Civitas believes the conservative position is to ensure the integrity of our election process by properly identifying all people who wish to cast a ballot.
Roll Call Vote #765 (29-19)
40001
SB 20 (2R) - Voter-Owned Election for Treasurer
This bill would add the office of Treasurer to the list of Council of State offices that are included in North Carolina’s public financing program. Civitas believes the conservative position is to oppose public financing of elections as it compels taxpayers to have their funds used for political purposes for candidates they may not agree with.
Roll Call Vote #1054 (30-17)
40030
SB 97 (2R) - Critical Infrastructure Assessment Changes
This bill would greatly expand the types of capital construction projects that county governments can fund using various debt instruments. It opens the door for more Randy Parton Theater-type projects to be funded using government debt. Civitas believes the conservative position is to oppose efforts to expand government debt without a popular vote.
Roll Call Vote #197 (48-0)
39938
SB 200 (3R) - Temporary Floor for Motor Fuels Tax Rate
This bill would allow the gas-tax cap to expire and set the current rate as the minimum amount for the gas tax. Without this legislation, the gas tax would have decreased by 2 cents per gallon on July 1, 2009, saving taxpayers $50 million annually. Civitas believes the conservative position is to oppose tax increases.
Roll Call Vote #241 (34-12)
39940
SB 202 (ACR 3R) - Appropriations Act of 2009
This is the original Senate version of the 2009-10 budget which would have raised taxes by at least $500 million per year, including implementing a new sales tax on services, cut $322 million from education funding by laying off 8,000 teachers and authorized $306 million in new state debt.
Roll Call Vote #114 (32-16)
39911
SB 202 (2R) - Appropriations Act of 2009
This vote adopted the final compromise budget that raises taxes by $1.1 billion and when federal stimulus dollars are included, increases spending by several hundred million dollars over the previous year. Civitas believes the conservative position is to avoid irresponsible increases of taxes and spending during an economic downturn.
Roll Call Vote #1056 (27-18)
40030
SB 460 (2R) - Commercial Dog Breeder Regulation
This bill would create a new regulation of people who breed dogs and create a new licensure and fees needed to participate in the industry. Civitas believes the conservative position is to oppose new licensing and regulations that do not directly impact the health and safety of the public. Licenses and regulations restrict free-market competition and are used only to raise additional revenue for the state.
Roll Call Vote #1043 (24-22)
40029
SB 461 (A1) - North Carolina Racial Justice Act
This amendment would clarify the current rules regarding a physician’s participation in capital punishment procedures and would remove what is thought by many to be a remaining hurdle towards overturning the de facto moratorium on the death penalty. Civitas believes the conservative position is to support the use of capital punishment as a deterrent to crime and as an appropriate punishment for heinous crimes.
Roll Call Vote #337 (37-11)
39946
SB 461 (MC) - North Carolina Racial Justice Act
This bill would grant additional ground for appeal of a capital sentence on the basis that race was unduly applied in the sentencing. Civitas believes the conservative position is to support the right of juries to determine the sentence of convicted murderers.
Roll Call Vote #1094 (25-18)
40030
SB 488 (2R) - Establish Proportionate Sentence Lengths
This bill would reduce sentence lengths for criminals, mainly those with prior record points. For example, the sentence for a B1 felony (first-degree rape) with 4 prior record points would decrease by eight months. Civitas believes the conservative position is to oppose efforts to give violent criminals shorter prison sentences.
Roll Call Vote #885 (23-22)
40009
SB 489 (2R) - Even Out Prior Criminal Record Points
This bill would restructure the prior record level point ranges to give criminals with prior record points lesser sentences. For example, a criminal that commits a B1 felony (first-degree rape) with one prior record point would see their sentence decrease by roughly three years. Civitas believes the conservative position is to oppose efforts to give violent criminals shorter prison sentences.
Roll Call Vote #886 (24-22)
40009
SB 526 (3R) - School Violence Prevention Act
This bill would enumerate certain traits that bullying would be defined as including, for the first time in North Carolina history, sexual orientation or perceived sexual orientation as a protected class in statute. Civitas believes the conservative position is that all bullying is wrong, no matter the reason. Specific reasons or characteristics do not need to be written into law to enforce such.
Roll Call Vote #237 (26-22)
39939
SB 575 (2R) - Modify Corporate Apportionment Formula
This bill would grant Apple Computer Corp. $45 million in tax breaks over the next 10 years for constructing a data center in North Carolina and employing 50 people. Civitas believes the conservative position is to oppose tax breaks for individual corporations and support tax relief for all North Carolina-based companies.
Roll Call Vote #242 (40-7)
39940
SB 580 (2R) - NC Life Science Development Corp. Act
This bill would create a new non-profit company that would invest in life sciences corporations that could not receive funding through traditional banks or venture capital avenues. It would guarantee a rate of return to investors through the issuance of tax credits even if the companies invested in never turn a profit. Civitas believes the conservative position is to not use taxpayer dollars in risky schemes that distort the free market survival of companies.
Roll Call Vote #770 (44-4)
40001
SB 703 (MTC) - State Treasurer Investments
This bill would change the types of securities the state Treasurer can invest in to include more risky investments such as commodities and mortgage-backed securities. Civitas believes the conservative position is to make prudent investments with state employees’ retirement benefits and not invest in risky propositions that could rapidly decrease in value.
Roll Call Vote #504 (36-12)
39966
SB 829 (2R) - Regulation of Appraisal Management Companies
This bill would create a new licensing and regulation process for individuals and firms engaging in real estate appraisal management. Civitas believes the conservative position is to oppose new licensing and regulations that do not directly impact the health and safety of the public. Licenses and regulations restrict free-market competition and are used only to raise additional revenue.
Roll Call Vote #1059 (46-0)
40030
SB 834 (2R) - Rewrite Sanitarian Examiners Laws/Fees
This bill would further regulate the sanitarian examiner profession and increase licensing fees in order to engage in the practice. Civitas believes the conservative position is to oppose new licensing and regulations that do not directly impact the health and safety of the public. Licenses and regulations restrict free-market competition and are used only to raise additional revenue for the state.
Roll Call Vote #286 (48-0)
39944
SB 835 (2R) - Extend Climate Change Commission
This bill would extend the deadline for the Legislative Commission on Global Climate Change to issue its report until Oct. 1, 2010. Civitas believes the conservative position is to oppose the Climate Change Commission. Civitas believes this committee is a waste of taxpayer dollars and that the state of North Carolina in and of itself can have no impact on climate change by passing new laws that will increase costs on residents and destroy jobs.
Roll Call Vote #88 (33-15)
39905
SB 866 (2R) - APA Rules: Increasing Costs Prohibition
This bill would limit new agency regulations unless it can be shown to be in response to a serious threat to public health, safety or welfare or a change in federal or state law. Civitas believes the conservative position is to support efforts to limit the ability of unelected rulemaking agencies to further encroach on our liberty for unnecessary purposes.
Roll Call Vote #353 (38-10)
39946
SB 928 (2R) - The Castle Doctrine
This bill would clarify when a person can use defense force against intruders into their home and provide that individuals who do such are immune from prosecution and civil actions. Civitas believes the conservative position is to support efforts that allow individuals to protect themselves, their family and their property from harm.
Roll Call Vote #382 (42-6)
39946
SB 935 (2R) - Amend Marriage and Family Licensure Laws/Fees
This bill would further regulate the marriage and family therapy industry and increase licensing fees for those in the industry. Civitas believes the conservative position is to oppose new licensing and regulations that do not directly impact the health and safety of the public as they are used to restrict competition and raise additional revenue for the state.
Roll Call Vote #581 (45-0)
39975
SB 943 (2R) - Expand Film Credit
This bill would increase the tax rebate for film and television production in North Carolina from 15 percent to 25 percent of expenses. Civitas believes that the conservative position is to oppose corporate welfare schemes, especially those which have proven to be ineffective.
Roll Call Vote #684 (26-19)
39987
SB 962 (2R) - Probationary Teacher Appeals
This bill would make it more difficult for school systems to terminate the contracts of non-tenured teachers by granting an additional hearing and other protections to the probationary teacher. Civitas believes the conservative position is to grant as much flexibility as possible to school systems to meet their staffing needs.
Roll Call Vote #386 (47-0)
39946
SB 967 (2R) - Creation of Yadkin River Trust
This bill would set up a trust to forcibly take private property from one specific company. Civitas believes the conservative position is to support the property rights of individuals and businesses.
Roll Call Vote #198 (44-4)
39938
SB 1007 (2R) - Amend Home Inspector Licensure Laws
This bill would further regulate the home inspector profession and place new restrictions on who can engage in the activity. Civitas believes the conservative position is to oppose new licensing and regulations that do not directly impact the health and safety of the public. Licenses and regulations restrict free-market competition and are used only to raise additional revenue for the state.
Roll Call Vote #535 (48-0)
39972
SB 1018 (MTC) - Reduce Plastic Bag Use
This bill would ban the use of plastic shopping bags at certain retail stores located only on the Outer Banks. Civitas believes the conservative position is to allow retailers to set their own policy regarding the type of bags used and that mandating more expensive bags will only raise prices for consumers.
Roll Call Vote #681 (44-2)
39986
SB 1057 (2R) - Sales Tax Incentives for Flight Simulators
This bill would exempt the sales of aircraft simulators from state sales tax. Civitas believes the conservative position is to oppose special tax breaks for specific industries in lieu of tax breaks for all.
Roll Call Vote #941 (46-0)
40017
HB 2 (A1) - Prohibit Smoking in Certain Public Places
This amendment to HB 2 would allow certain bars and restaurants which only allow those 18 years of age and older to enter to allow smoking if it is conspicuously posted at all entrances. Civitas believes the conservative position is to support the rights of businesses to set their own smoking policy and have the free-market decide what the policy should be.
Roll Call Vote #262 (20-26)
39940
HB 2 (3R) - Prohibit Smoking in Certain Public Places
This bill would ban indoor smoking in bars and restaurants. Civitas believes the conservative position is to support the rights of businesses to set their own smoking policy and have the free-market decide what the policy should be.
Roll Call Vote #300 (30-18)
39944
HB 88 (A2) - Healthy Youth Act
This amendment to HB 88 would require a school to obtain a parent or guardian’s permission prior the student beginning a course in comprehensive sexual education. Civitas believes the conservative position is to support parent’s rights to decide whether their children are exposed to objectionable content in schools.
Roll Call Vote #686 (22-25)
39987
HB 88 (A4) - Healthy Youth Act
This amendment to HB 88 would state that any course in comprehensive sexual education shall only teach, promote or instruct students about heterosexual relationships. Civitas believes the conservative position is to support the teachings of traditional lifestyles.
Roll Call Vote #687 (19-28)
39987
HB 88 (2R) - Healthy Youth Act
This bill would effectively end the state’s longstanding teaching of abstinence until marriage as its sex education curriculum and replace it with a comprehensive sexual education curriculum. Civitas believes the conservative position is to support current abstinence until marriage education as the best way to instruct schoolchildren.
Roll Call Vote #690 (25-21)
39987
HB 102 (A1 - Motion to Table) - Continuing Budget Authority
This vote is to effectively kill by tabling an amendment to a continuing budget resolution that would have stripped the $25 million approved to be spent to build a fishing pier at Nags Head. Civitas believes the conservative position is to support efforts to eliminate wasteful spending.
Roll Call Vote #982 (28-19)
40023
HB 120 (A1 - Motion to Table) - Public Municipal Campaigns
This vote is to effectively kill by tabling an amendment that would have required any attempt by a city or town to implement public financing for municipal elections to hold a public referendum on the proposal. Civitas believes the conservative position is to support efforts to give the taxpayers a greater voice in how their tax dollars are spent.
Roll Call Vote #426 (30-20)
39953
HB 148 (2R) - Congestion Relief/Intermodal Transport Fund
This bill would authorize six metropolitan counties in the Triangle and Triad to hold referendums to increase the sales tax by ½ cent in order to fund public transportation. All other counties (except Mecklenburg) would be authorized to raise the sales tax by ¼ cent through referendum to be used for public transportation. It would also increase the amount a county can charge in vehicle registration fees from $5 to $7 per year. Civitas believes the conservative position is to oppose tax and fee increases that are for a limited use and benefit a narrow portion of the population.
Roll Call Vote #1055 (37-9)
40030
HB 291 (2R) - Natural Hair Care Licensure/Cosmetic Art Act
This bill would regulate the practice of hair braiding and implement a yearly licensing fee for the practice of the activity. Civitas believes the conservative position is to oppose new licensing and regulations that do not directly impact the health and safety of the public. Licenses and regulations restrict free-market competition and are used only to raise additional revenue for the state.
Roll Call Vote #952 (45-1)
40021
HB 535 (2R) - Health Insurance Coverage/Lymphedema
This bill would add the coverage of lymphedema to the list of health care treatments mandated to be covered by health insurance and the state health plan. Civitas believes the conservative position is to oppose additional mandates to health insurance coverage as it increases the cost of health insurance for everyone.
Roll Call Vote #794 (46-0)
40002
HB 589 (2R) - Insurance and State Health Plan Cover/Hearing Aids/Autism
This bill would mandate that all health insurance plans and the state health plan cover the cost of hearing aids and treatment for autism. Civitas believes the conservative position is to oppose additional mandates to health insurance coverage as it increases the cost of health insurance for everyone.
Roll Call Vote #1109 (45-0)
40031
HB 628 (2R) - Aquarium Satellite Areas Funding
This bill would authorize the expenditure of $25 million to construct a fishing pier in Nags Head. Civitas believes the conservative position is to oppose wasteful government spending.
Roll Call Vote #129 (49-0)
39917
HB 746 (2R) - Amend Professional Counselors Act/Fees
This bill would expand regulation of professional counselors, their associates and supervisors and increase fees to engage in the profession. Civitas believes the conservative position is to oppose new licensing and regulations that do not directly impact the health and safety of the public. Licenses and regulations restrict free-market competition and are used only to raise additional revenue for the state.
Roll Call Vote #800 (46-0)
40002
HB 819 (2R) - Polysomnography Practice Act
This bill would create a new licensing and regulation authority for the practice of polysomnography. Civitas believes the conservative position is to oppose new licensing and regulations that do not directly impact the health and safety of the public. Licenses and regulations restrict free-market competition and are used only to raise additional revenue for the state.
Roll Call Vote #943 (47-0)
40017
HB 884 (2R) - JMAC Modifications
This bill would extend the Job Maintenance and Capital Development Fund to allow one additional company to be eligible to receive $10 million in cash over the next few years in order to retrofit their factory to produce a new product. Civitas believes the conservative position is to oppose corporate welfare programs.
Roll Call Vote #1192 (38-5)
40032
HB 1005 (2R) - DOT Participation in Fixed Rail Projects
This bill would allow the N.C. Department of Transportation (DOT) to spend tax receipts on fixed-rail projects that do not receive federal funding. The bill provides a backup for the state to use money to assist constructing light-rail projects in Charlotte and the Triangle. Civitas believes the conservative position is to oppose efforts to make all taxpayers in North Carolina pay for inefficient light-rail programs that benefit only a few communities.
Roll Call Vote #775 (44-4)
40001
HB 1057 (2R) - Abolish Certain Deficiency Judgments
This bill would restrict the ability of mortgage holders to recoup losses suffered when homeowners default on a nonconforming loan. Civitas believes the conservative position is to oppose efforts that will reduce the number of options available for potential homebuyers to gain financing.
Roll Call Vote #953 (41-5)
40021
HB 1110 (2R) - Clarify/Alienation Of Affection/Criminal Conversation
This bill would further narrow the ability of spouses to sue a third party who interferes in a marriage. Civitas believes the conservative position is to oppose efforts that do not protect the sanctity of marriage.
Roll Call Vote #815 (32-14)
40002
HB 1132 (2R) - Renew Concealed Carry Permit/30 Day Limit
This bill would allow for easier renewals of concealed carry permits and exempt certain law enforcement officers from the required handgun safety course before obtaining a concealed carry permit. Civitas believes the conservative position is to support efforts to enhance citizens’ Second Amendment rights.
Roll Call Vote #634 (44-2)
39981
HB 1185 (2R) - Habitual Driving While Impaired- Reinstatement Petition/10 years
This bill would allow for drivers who have been convicted of four or more DWI’s to have their driver’s license reinstated after 10 years. Civitas believes the conservative position is to oppose efforts to put habitual drunk drivers behind the wheel again.
Roll Call Vote #818 (25-20)
40002
HB 1313 (2R) - Regulate Public Adjusters
This bill would require the licensing and registration of individuals employed as a public adjuster and implement fees for the licensing. Civitas believes the conservative position is to oppose new licensing and regulations that do not directly impact the health and safety of the public. Licenses and regulations restrict free-market competition and are used only to raise additional revenue for the state.
Roll Call Vote #976 (47-0)
40023
HB 1508 (2R) - Two-Thirds Bond Act of 2008
This bill would authorize the issuance of $347 million in new state debt using a loophole that allows previously approved debt capacity to be reissued. Civitas believes the conservative position is to oppose increasing the state’s debt for non-critical projects.
Roll Call Vote #450 (41-8)
39959
HB 1516 (2R) - Job Development Investment Grant Program Technical Modifications
This bill would extend the sunset on the JDIG program, another corporate welfare program, by six years. According to the General Assembly’s Fiscal Research Division, the changes in the bill will cost taxpayers $1.08 billion over 17 years. Civitas believes the conservative position is to oppose the expansion or extension of corporate welfare programs. Taxes should be reduced for all businesses in the state, not a certain select few.
Roll Call Vote #944 (45-1)
40017