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Tuesday at the North Carolina General Assembly

03/04/2009

Associated Press

_ Perdue gets her first bill to sign into law

_ House committee approves bill banning smoking in public places

_ Gay marriage ban supporters rally in Raleigh

_ Lawmakers concerned about Perdue taking lottery money during budget crisis

THE BRIEF:

EDUCATION FIRST: The first bill Gov. Beverly Perdue signs into law will concern education. The Senate gave final approval to Perdue's effort to get Bill Harrison, her choice to lead the public school system, to serve on the State Board of Education. Perdue wants Harrison, currently the Cumberland County schools superintendent, to sit on the state board while also serving as chief executive officer of the public school system. Current law allows only one public schools employee to serve on the board. The bill would allow two. Perdue plans to sign the bill Wednesday morning.

SMOKE SIGNAL: A renewed effort to ban smoking at the workplace or in public passed the House Health Committee, the first hurdle on a long route before it could take effect. The committee's members showed bipartisan agreement that cigarette smoke harms health, though some Republicans chafed at what they saw as government interference in business decisions. An Elon College poll this week found two-thirds of North Carolina respondents said they support or strongly support a statewide law that would ban smoking in public buildings, offices, restaurants and bars. The House bill would also include all workplaces.

GAY UNIONS: A crowd of thousands rallied outside the Legislature urging a public referendum on fixing a ban on gay marriage into the state constitution. A Christian conservative group organized the rally. Supporters said a voter-approved amendment would protect traditional marriage and thwart potential court challenges. Thirty states have such bans. Gay rights supporters argue the state shouldn't write discrimination into the constitution.

LOTTERY MONEY: Both lottery allies and critics are concerned about Gov. Beverly Perdue's move to shift about $88 million of North Carolina Education Lottery profits to something other than education. Perdue said the money's needed to provide ready cash for the state's day-to-day operations during the midst of the work fiscal crisis in decades. People who voted for the 2005 lottery bill like Rep. Linda Johnson, R-Cabarrus, said she's not surprised Perdue has tapped into the money. She's just surprised it happened less than three years after the lottery began selling tickets.

TUESDAY'S SCORECARD:

In the House:

_ H192, to codify into the state law rules under which a child under age 16 can testify outside the presence of a criminal defendant in court. Approved 117-0. Next: To the Senate.

In committees:

_ H8, to make it a high-grade misdemanor to give a cell phone to a prison inmate. Recommended for approval by House Judiciary III Committee. Next: To the House floor.

Introduced in the House:

_ H372, extends the renewable energy tax credit from 2011 to 2017 and extends credit to include equipment that generates both heat and electricity. Sponsor: Rep. Hugh Holliman, D-Davidson.

_ H377, to authorize the Division of Emergency Management to establish a voluntary emergency management certificaton program. Sponsors: Reps. Grier Martin, D-Wake, and William Wainwright, D-Craven.

_ H378, would establish in state law the Division of Emergency Management within the Department of Crime Control and Public Safety. Sponsors: Reps. Grier Martin, D-Wake, and William Wainwright, D-Craven.

_ H381, to expand the powers of the Division of Emergency Management. Sponsors: Reps. Grier Martin, D-Wake, and William Wainwright, D-Craven.

_ H388, would remove the reporting exemption for election campaign committees that expect to collect less than $3,000. Sponsor: Rep. Beverly Earle, D-Mecklenburg.

_ H390, would give the state health director, rather than the labor commissioner, authority for inspecting poultry processing plants and to produce an annual report on the findings of the inspection program. Sponsor: Rep. Beverly Earle, D-Mecklenburg.

_ H393, to modify the process for making administrative rules by letting the Legislature review those approved by the Rules Review Commission. Sponsore: Reps. Cary Allred, R-Alamance, and Bill Owens, D-Pasquotank.

_ H392, would authorize plumbing contractors to install well pumps. Sponsors: Reps. Cary Allred, R-Alamance, and Bill Owens, D-Pasquotank.

Introduced in the Senate:

_ S365, would allow an income tax credit for health insurance purchased to cover a dependent child. Sponsor: Sen. Phil Berger, R-Rockingham.

_ S366, to bar the unauthorized use of a person's name, voice, image or other features in publicity. Sponsor: Sen. Tony Rand, D-Cumberland.

_ S377, to prohibit a school from fielding athletic teams if a majority of students are in the bottom half of grads on end-of-course and end-of-grade tests for two consecutive years or more. Sponsor: Sen. Charlie Albertson, D-Duplin.

_ S380, to directs the Division of Motor Vehicles to collect accident data on the use of mobile phones. Sponsor: Sen. Charlie Dannelly, D-Mecklenburg.

_ S386, would temporarily retain state corporate income tax revenue usually used by the Public School Building Capital Fund to allow the money to be used to balance the general state budget. Sponsor: Sen. Dan Clodfelter, D-Mecklenburg.

AROUND THE STATEHOUSE:

_ GOP leaders said in their weekly news conference that the state could save big money by upgrading software that roots out and rejects improper Medicaid claims. North Carolina spends about $3 billion, in addition to more than $8 billion from the federal government, making it one of the largest segments in the state budget. A U.S. Government Accountability Office study estimated that improper payments for cases of fraud, inappropriate treatment or billiong, or administrative lapses represented about 10 percent of all Medicaid payments. That suggests as much as $300 million in North Carolina's Medicaid payments may be paid to providers or for procedures that shouldn't be paid, said Rep. Paul Stam, R-Wake. A GOP-sponsored bill filed nearly two weeks ago would spend $5 million in each of the next two years to buy better tracking software.

_ Sen. Larry Shaw, D-Cumberland, was named chairman of one of the country's major Muslim civil rights groups. Shaw takes over as the new chairman of the board of the Council on American-Islamic Relations. Shaw has been a member of the CAIR board since 2006 and in the state senate since 1997. He is the owner and CEO of his own food services company.

ON THE AGENDA:

The House Election Law Committee scheduled debate Wednesday on legislation that would allow more towns and cities to participate in a voluntary public financing program for their elected positions. Currently only Chapel Hill is authorized to initiate such financing in local elections.

OVERHEARD:

"I think this bill goes entirely too far. There's too much intrusion. There's too much Gestapo atmosphere," said Rep. Cary Allred, R-Alamance, denouncing a bill that would ban smoking in workplaces and other public places.

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By Emery P. Dalesio and Gary D. Robertson.