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Monday at the North Carolina General Assembly

03/24/2009

Associated Press

HEADLINES:

_ Atkinson asks NC lawmakers to resolve leadership confusion in public schools

_ All NC judges could preside at marriages in bill clearing NC Senate

_ Golf cart restrictions could be applied in all cities, counties in bill clearing House

_ Accident reports would require cell phone information in bill given tentative Senate OK

THE BRIEF:

SPEAKING UP: Superintendent of Public Instruction June Atkinson pleaded personally to lawmakers on a committee to clear up what she calls confusion over who runs the public education system. Atkinson asked them to restore authority to her job this year or to let voters decide whether her post should become an appointed position. The superintendent is elected statewide but has little power overseeing the system. The State Board of Education this month appointed board Chairman Bill Harrison to become chief executive officer of the schools, as requested by Gov. Beverly Perdue.

LEGALLLY MARRIED: All North Carolina judges could legally officiate at a wedding in legislation approved by the state Senate. The 39-5 vote is the latest in a years-long struggle over whether to allow people serving on the bench to preside at marriages. Valid marriages currently are performed in the presence of a minister or magistrate, but Sen. Tony Rand, D-Cumberland, the bill sponsor, said there have been at least 10 bills filed over this decade seeking a one-time exception for a judge who wants to officiate at a friend or family member's wedding. The bill now goes to the House for consideration.

GOLF CARTS: All local governments would have the authority to regulate golf carts on their streets in legislation that received final House approval. More than 30 municipalities and at least one county has received special permission from the Legislature over the years to regulate the carts, which have become a popular vehicle for short trips and in golf and retirement communities. The bill, approved unanimously and heading to the Senate, would repeal all the local legislation and replace it with blanket authority statewide.

CELL PHONES AND CRASHES: The Division of Motor Vehicles would change forms filled out by investigating officers at crash scenes to require information about whether people involved were using cell phones in a bill tentatively approved by the Senate. The bill was approved 30-15 despite complaints from some Republicans during floor debate that the proposal would add very little to accident reports or was only designed to build support for a ban on cell phones. A final Senate vote could come Tuesday.

MONDAY'S SCORECARD:

In the Senate:

_ H94, to clarify that performing unpaid volunteer work in a local school district is not consider "service" that could negatively affect pension payment or the ability to return to work and lose that payment. Approved 45-0. To Gov. Beverly Perdue's desk.

In the House:

_ H98, to allow a member of the military who receives out-of-state deployment orders to renew their driver's license before leaving and give them a 30-day grace period for an expired license after their release from active duty. Approved 110-0. Next: To the Senate.

Introduced in the Senate:

_ S737, to give written notice to a parent when a child is recommended for expulsion or long-term suspension that lays out how the parent can request a hearing to contest the punishment. Sponsor: Sen. Joe Sam Queen, D-Haywood.

_ S741, to increase the maximum class size and maximum average class-size limits for each grade level between one and two students higher in the 2009-10 school year compared to the 2008-09 school year. Sponsors: Sens. Vernon Malone, D-Wake, and Richard Stevens, R-Wake.

_ S751, to exclude from income tax certain technology business and certain small business gains. Sponsors: Sens. Dan Clodfelter, D-Mecklenburg, and David Hoyle, D-Gaston.

_ S758, to transfer the responsibility and maintenance of secondary roads from the state to the counties. Sponsors: Sens. Bob Rucho, R-Mecklenburg, and Dan Clodfelter, D-Mecklenburg.

Introduced in the House:

_ H737, to direct the Department of Health and Human Services to seek a waiver so that individuals who sustain a traumatic brain injury after age 22 could receive home and commumnity-based Medicaid services. Sponsor: Reps. Grier Martin, D-Wake, and Verla Insko, D-Orange.

_ H742, to prevent the Beach Plan for coastal property insurance from distributing any accumulated surplus funds in the plan back to member insurance companies. Sponsor: Rep. Tim Spear, D-Washington.

_ H746, to amend the state's licensed professional counselors act to add licenses for the titles of licensed professional counselor associate and license professional counselor supervisor and to raise licensing fees. Sponsor: Rep. Verla Insko, D-Orange.

ON THE AGENDA:

_ The gay rights group Equality North Carolina will hold its annual lobbying day Tuesday at the Legislature. More than 200 people have signed up for the event, in which they will speak one-on-one with lawmakers and attend meetings to learn about issues related to gay, lesbian, bisexual and transgendered citizens in the state.

_ Top education leaders and State Treasurer Janet Cowell will speak Tuesday before the Senate Appropriations Committee to discuss Gov. Beverly Perdue's budget proposal. Other speakers include University of North Carolina system President Erskine Bowles, community college system President Scott Ralls, public schools Superintendent June Atkinson and State Board of Education Chairman Bill Harrison.

OVERHEARD:

"But what about the 2.2 million people who elected a state superintendent? Where does their vote count?" — Superintendent of Public Instruction June Atkinson, speaking to the Joint Legislative Program Evaluation Oversight Committee. She responded to a consultant's report released by the committee this year that suggesting the State Board of Education chairman should run the department as long as constitutional questions about Atkinson's job aren't resolved.

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By Gary D. Robertson.