BILLS OF INTEREST TO MOTORCYCLISTS: Five new bills were introduced during the General Assembly's 20th week of the 2011 session bringing the total number of bills introduced so far this session to 1717 (782 in the Senate and 935 in the House).  Of the 1717 bills introduced, 117 (6.6 percent) have been enacted.   While no bills of interest to motorcyclists were introduced this week, there was action on six bills of interest to motorcyclists that had been previously introduced:  

• S 16. OBTAIN BLOOD SAMPLE/IMPLIED-CONSENT LAWS -  This bill requires a law enforcement officer to request a blood sample under the state implied-consent laws from any person criminally charged in any case involving death by vehicle and certain other offenses and to seek a warrant if the driver refuses and there is probable cause to believe the offense involved impaired driving or is alcohol related.  A House committee substitute that made only technical changes to the bill passed the House last week received the concurrence of the Senate and was ratified on Wednesday.  The bill now awaits the signature of the Governor.
• S 47. RESTORE PARTISAN JUDICIAL ELECTIONS - As the title indicates, this bill would restore judicial elections to a partisan basis.  The bill passed the Senate and first reading in the House on Wednesday whereupon it was referred to the House Elections Committee.
• H 87. STUDY ACCIDENT/TICKET 30-DAY NO CONTACT - As introduced, this bill would have made records and meeting minutes of all branches and levels of government open to the public.  A House committee substitute approved last week gutted the bill and replaced the original provisions with an act that made it a Class 1 misdemeanor for an attorney or anyone representing an attorney to contact anyone charged with a moving violation under G.S. 20 or motor vehicle accident victims within 30 days following the citation or accident.  On Wednesday, another House committee substitute gutted the first committee substitute replacing those provisions with an act to study communications with accident victims and those charged with moving traffic violations.  The bill now resides in the House Rules committee for inclusion in the omnibus study bill.
• H 232. SAFE DRIVER INCENTIVE PLAN CHANGES -  This bill provides that there shall not be a premium surcharge or assessment of points under the Safe Driver Incentive Plan for any conviction of speeding 15 (currently, 10) miles per hour or less over the speed limit.  The bill received a favorable report from the House Insurance Committee on Tuesday.  A House floor amendment was adopted to the end that there shall not be a premium surcharge or assessment of points for any conviction or speeding 15 mph or less over the speed limit provided that the maximum speed was less than 80 mph.  The bill passed second reading as amended on Wednesday and third reading on Thursday.  The bill now resides in the Senate.
• H 389. STUDY MOPED REGISTRATION AND LIABILITY INS. -  This bill requires the Joint Legislative Transportation Oversight Committee to study the need for a motor vehicle registration, inspection, and financial responsibility program for mopeds.  The bill received a favorable report from the House Rules Committee on Tuesday, passed 2nd and 3rd reading in the House on Wednesday, and now resides in the Senate Rules Committee.
• H 427. RUN AND YOU'RE DONE -  This bill provides for the seizure, forfeiture, and sale of vehicles used by defendants in felony cases involving speeding to allude arrest, for the payment of liens on the vehicle, for appeals by the owner of the vehicle, and for the payment of a bond of at least twice the value of the vehicle by the owner prior to conviction of the defendant.  The bill was given a favorable report on Thursday and is calendared for consideration by the full House next week.

The original of this report was filed by Paul Wilms, Legislative Coordinator, Raleigh Chapter, CBA/ABATE of NC

BILLS OF INTEREST TO MOTORCYCLISTS: Only one new bill was introduced during the General Assembly's 19th week of the 2011 session bringing the total number of bills introduced so far this session to 1712  (780 in the Senate and 932 in the House).  Thus far, 107 bills have been enacted.  While no bills of interest to motorcyclists were introduced this week, there was action on four bills of interest to motorcyclists that had been previously introduced:

• S 16. OBTAIN BLOOD SAMPLE/IMPLIED-CONSENT LAWS -  As introduced, this bill would have required that law enforcement perform a blood test on any person criminally charged in any case involving death by vehicle.  A Senate committee substitute, which passed the Senate in March, changed the bill to require a law enforcement officer to request a blood sample under the state implied-consent laws from any person criminally charged in any case involving death by vehicle and certain other offenses and to seek a warrant if the driver refuses and there is probable cause to believe the offense involved impaired driving or is alcohol related.  A House committee substitute that makes only technical changes received a favorable report from the House Judiciary Subcommittee B on Wednesday and  passed 2nd and 3rd reading in the House on Thursday.  The bill now returns to the Senate for concurrence in the House committee substitute.
• S 187. OUTLAW REDLIGHT CAMERA SYSTEMS -  As the title suggests, this bill makes it a Class 1 misdemeanor to operate a traffic control photographic system in North Carolina and provides that conviction shall result in the confiscation of such system.  The bill passed the Senate in April.  On Wednesday, the bill was withdrawn from the House Judiciary Subcommittee A and referred to the Committee on Rules.
• H 87. ACCIDENT/TICKET 30-DAY NO CONTACT -  As introduced, this bill would have amended the Constitution of North Carolina, subject to approval by voters in the 2012 election, to make the records and meeting minutes of all branches and levels of government open to the public.  A House committee substitute approved by the House Rules Committee on Friday completely rewrote the bill by deleting all the provisions of the previous edition and replacing them with an act prohibiting an attorney or anyone representing an attorney from contacting motor vehicle accident victims or persons charged with certain violations relating to operation of a motor vehicle for 30 days following the accident or issuance of the citation.  The bill provides that a violation of the act is a Class 1 misdemeanor.  The bill was referred to the House Judiciary Subcommittee A where it will likely see action next week in order to make the 9 June cross-over deadline.
• H 200. APPROPRIATIONS ACT OF 2011 - Working with House budget leaders and five House Republicans who had voted for the House version of the bill, the Senate crafted a Senate committee substitute that appropriates $19.7 billion for the operation of state agencies and programs. The Senate version preserves the provision requested by CBA/ABATE that the State's driver education curriculum contain at least one hour of motorcycle safety awareness training and reduces from $75 to $45 the fee proposed in the House that students in drivers education would have to pay to take the course.  The bill passed the Senate in separate readings on Wednesday and Thursday and the House voted to concur in the Senate committee substitute in separate readings on Friday and Saturday.  The bill now goes to the Governor for consideration.

LEGISLATIVE NEWS:

• Budget Adopted, but will it be vetoed?: In an extremely rare example of cooperation  between the House and Senate, the North Carolina General Assembly has passed a biennial budget without having to go to a conference committee.  The budget bill - H 200 - originated in the House.  In past years, the Senate would have passed its own committee substitute for the House bill, whereupon the House would have voted not to concur in the Senate committee substitute and both chambers would have appointed conference committee members to hash out a compromise bill that then could be approved by both chambers.  This year was different.  When the bill passed the House, five Democrats - Reps. Jim Crawford (Granville), Bill Owens (Pasquotank), Dewey Hill (Columbus), Bill Brisson (Bladen), and Tim Spear (Washington) - voted with the 68 Republicans, thus giving the House a veto-proof majority, but only if at least four of the five continued to support the legislation.  When the House bill reached the Senate, negotiations began with House budget writers and those five Democrats to try to work out a compromise that would achieve what the Senate wanted to accomplish and yet be approved by the House without having to go to a conference committee and retain the support of the five Democrats critical to overriding an anticipated gubernatorial veto.  That seems to have been accomplished.  When the Senate committee substitute arrived back in the House for concurrence, the House voted to concur by a vote of 73 to 44 on 2nd reading and 73-45 on 3rd reading.  All five Democrats voted to support the compromise bill.  The big question now is will Governor Beverly Perdue sign the bill, allow it to go into effect without her signature, or veto the bill.  She has ten days to make up her mind.  All indications are that she will veto the bill and hope that she can convince at least two of the five Democrats that voted with Republicans to support her veto.  Game on.  

• Early Adjournment Considered: If the budget is enacted in the next ten days, with or without the Governor's signature, the Republican leadership has indicated that it plans to adjourn the regular session on 17 June and then call a special session in mid-July for the sole purpose of approving new Congressional and legislative district maps with another special session later in the year to take up all the proposed amendments to the North Carolina Constitution that are pending.  Hang on to your hats; the next two weeks are going to be a wild ride in the "puzzle palace" in Raleigh.
• More Demonstrators Arrested: Last week, seven members of the NAACP were arrested for disrupting the House in session by shouting slogans from the House gallery.  Thursday, it was a group of three protesters who ran onto the floor of the House while it was in session.  The demonstrators were from the North Carolina chapter of Get Equal, a political action group for gay, lesbian, bisexual and transgender rights, a group that opposes a constitutional amendment against gay marriage being considered in the General Assembly.  According to WRAL.com, those arrested were Jim Neal, an openly homosexual man who ran for the U.S. Senate in 2008, Angel Chandler, the group's state organizer, and Mary Counce.  About 200 people demonstrated against the bill outside the Legislature Thursday afternoon.  Last month, an estimated 2,000 demonstrated in support of the Defense of Marriage Amendment which Republican lawmakers have been trying for years to get on the ballot.  State law already bans same-sex marriage, but amendment supporters say an “activist judge” could easily overturn the statute.  If passed, the measure would go to the voters for approval in the 2012 election.
• Reduced Penalties for LUST (wait, what?): The Senate environment committee approved legislation this week that would ease the rules on leaking underground gas storage tanks (L.U.S.T.).  The bill would limit the extent of any cleanup from underground or above-ground tanks depending on how much risk the pollutants pose. Tank owners who demonstrate cleanup would cause a "severe financial hardship" could have the cleanup costs paid from a state fund that collects money from gasoline taxes and fees on operators.
• Murderers Beware: The House voted 118-0 Thursday to make it illegal to dismember a body to hide a crime, a gap in state law that came to light with the death of a 10-year-old girl with disabilities.  North Carolina law already makes it illegal to secretly bury a corpse or conceal a death in order to cover up a crime, but not to dismember a body. The bill would make it a felony to dismember or destroy human remains to hide evidence of the death, and a more serious felony if the action was taken knowing the victim did not die of natural causes.
• No Computers in Landfills: The Triangle Business Journal reminds us that a new law banning the dumping of computer equipment into landfills in the state takes effect on 1 July and includes laptops, desktops, monitors, printers, scanners and peripherals such as mice and keyboards.  The General Assembly approved the ban last year.  Previously, lawmakers had banned plastic bottles, wooden pallets, and oil filters.
• House Approves Livermush Festival (wait, what?): In addition to the budget, the House on Friday took time to consider another weighty measure - the honoring of livermush.  I kid you not.  The House passed H 440 designating the Shelby Livermush Festival as the official Fall Livermush Festival of the state of North Carolina and designating the Marion Community and McDowell County Livermush Festival as the official Spring Livermush Festival of the state of North Carolina.  Please tell me there is not a "Miss Livermush" crowned at these events.

CROSS-OVER DEADLINE: 9 June (non-finance and non-appropriation bills must have passed their chamber of origin by this date to remain eligible for consideration in the remainder of the 2011/2012 Session.  A bill was introduced in the Senate on Thursday - S 780 - to amend the Senate rules to exempt bills dealing with redistricting from the crossover deadline.)

ELECTION NEWS:

• McCrory Fundraiser: The Charlotte Observer reports that House Speaker Thom Tillis and Senate President Pro Tempore Phil Berger are scheduled to appear at a 16 June fundraiser in Charlotte for former Charlotte Mayor Pat McCrory, a likely GOP gubernatorial candidate.  McCrory, who lost the governor's race to Democrat Beverly Perdue in 2008, is the only seriously mentioned Republican candidate for Governor thus far.  Jack Hawke, a campaign consultant to McCrory, said the Charlotte event could raise $200,000 for the still unannounced campaign.
• Justice Out: The StarNewsOnline.com reports that Rep. Carolyn Justice (R-New Hanover), now in her fifth term in the North Carolina House, will not seek a sixth term, but that she has left the door open for running for some other seat depending on how the redistricting in her area turns out.
• Ilario Alleges McIntyre Violated Law: According to the StarNewsOnline.com, announced Republican Congressional candidate Ilario Pantano has alleged that Democrat Congressman Mike McIntyre (NC-7) violated federal campaign law by having a state employee appear in a fundraising video shot prior to last years election. 

QUOTE OF THE WEEK: 

"I am hoping for a miracle on Jones Street." [Democrat Gov. Beverly Perdue, on her efforts to oppose the passage of a Republican-penned budget that passed with enough Democrat support to withstand her veto. (THE NEWS & OBSERVER, 6/03/11)]

 The original of this report was filed by Paul Wilms, Legisltive Coordinator, Raleigh Chapter, CBA/ABATE of NC.

BILLS OF INTEREST TO MOTORCYCLISTS: Only four new bills were introduced during the General Assembly's 18th week of the 2011 session.  Of the 1711 bills introduced so far this session (779 in the Senate and 932 in the House), only 89 (5%) have thus far been enacted.  While no bills of interest to motorcyclists were introduced this week, there was action on two bills of interest to motorcyclists that had been previously introduced:

• H 200.  APPROPRIATIONS ACT OF 2011 - The Senate committee substitute appropriating $19.4 billion for the operation of state government agencies and programs passed both the Finance and Appropriations committees is scheduled for full Senate consideration next week.
• H 345. MODIFY MOVE OVER LAW - This bill modifies the "move over" law to include all highway maintenance vehicles and utility vehicles.  The bill received a favorable report from the House Judiciary A Subcommittee on Monday, passed 2nd and 3rd reading in the House on Tuesday, and passed 1st reading in the Senate and was referred to the Judiciary II Committee on Wednesday.

LEGISLATIVE NEWS:

• Leveling the Playing Field: Right now, if a citizen appeals a decision of a state agency, the hearing will be held by an administrative law judge in the Office of Administrative Hearings, but if the agency against which the appeal was filed, doesn't like the judges decision, it can overturn it.  Not surprisingly, statistics show that state agencies overwhelmingly agree with administrative law judges when they rule in favor of the agency, but reverse their decisions when they don't.  The North Carolina House approved a bill that would give the final say-so in disputes involving state agencies to administrative law judges rather than the agencies themselves.  House members voted 90-20 for the bill.
• Gold the Official State Mineral: The Senate on Monday passed, on a vote of 46-4, legislation establishing gold as the state’s official mineral.  According to the bill's sponsor, Sen. Harry Brown (R-Onslow), the first authenticated discovery of gold in the US was in North Carolina in 1799, and North Carolina was the only gold-producing state in the Union from 1803 to 1828, remaining the top gold-producing state until the California Gold Rush in 1848.  The bill now goes to the House.
• Protestors Arrested: The president of the state chapter of the NAACP, Rev. William Barber, and six others were arrested Tuesday after interrupting the House session with their protests against proposed budget cuts to education. After they disrupted the House session with their chants from the gallery, the seven protestors were handcuffed and escorted out of the Legislative Building.  Barber was charged by General Assembly Police with disorderly conduct and second-degree trespassing, both misdemeanors.  Barber was transported by ambulance under police escort to the Wake County jail because of his ample girth.  According to the News and Observer, others charged are former head of the Durham NAACP Curtis Gatewood, who now lives in Oxford; Robert Thompson Stephens of Winston-Salem; Kojo Nantambu of Charlotte; Timothy Hodges of Clayton; David Louis Lamotte of Raleigh; and Theodore Anthony Spearman of Hickory.
• Senate Committee Passes Budget: The Senate Appropriations Committee Wednesday approved a $19.4 billion state budget plan.  The bill spends $129 million more next year than the House plan would, but about $473 million less than what was recommended by Democrat Gov. Beverly Perdue, who wanted to keep three-quarters of a temporary penny sales tax. The Republican-controlled House and Senate let the full-penny temporary sales tax expire on 30 June, saving North Carolina consumers $1.1 billion.  Instead of raising taxes, the Senate budget closes an estimated $2.5 billion projected budget gap for the next fiscal year by cutting spending. The Senate plan is scheduled for a full Senate vote next week.
• No Budget Conference Committee?: For decades, it has been the practice of the North Carolina House and Senate to each adopt its own version of a biennial budget and then appoint a conference committee comprising members of both chambers to negotiate a final compromise bill.  The Governor's office has usually participated in these closed-door negotiations.  Speaker of the House Thom Tillis (R-Mecklenburg) said on Wednesday that he hopes a conference committee will not be necessary.  To make that happen, the Senate would have to amend its bill when it comes to the floor next week to make the Senate Committee substitute for House Bill 200 acceptable enough for the House to approve.  The possibility of such a compromise moved closer to reality on Thursday when, according to an Insider report, legislative leaders appeared close to a budget deal that would involve spending around $300 million more than the $19.4 billion called for in a Senate spending plan.  The Insider reported that the deal would involve the Senate amending its budget plan to add additional money, most of it for public schools, and agreeing to some changes requested by House budget writers.  Once adopted by the Senate, the House would then approve the bill without having to go through conference committee negotiations.  Five House Democrats, critical to the House being able to override a possible gubernatorial veto, have reportedly signed on to the plan.
• Don't Steal Used Kitchen Grease: Wait, what? You wouldn't think anyone would have to be told not to steal used kitchen grease, but with the price of oil these days, theft of used grease from commercial kitchens, which can be used to make bio-diesel, is on the rise, and the General Assembly is not amused.  The News and Observer reports that a bill proposed by Rep. John Torbett seeks to curtail thefts of yellow kitchen grease, but some small business owners say regulations included in the bill could cripple their business.  The bill would make it a felony to steal used kitchen grease valued at more than $1,000 and a misdemeanor for anything less.  It also would require collectors of the waste to be licensed and inspected by the state if they plan to resell the animal fats or vegetable oils as fuel.  As well, it would require anyone with such an operation to show proof of general liability insurance of at least $1 million.  Farmers who use the waste for personal use are exempt from the licensing and regulation.

CROSS-OVER DEADLINE: 9 June (non-finance and non-appropriation bills must have passed their chamber of origin by this date to remain eligible for consideration in the remainder of the 2011/2012 Session)

ELECTION NEWS:

• Perdue/Obama Up: The News and Observer reports that Democrat Gov. Beverly Perdue's approval numbers have risen up to 46 percent with a disapproval rating of 41 percent in a survey taken for the conservative Civitas Institute. A Civitas poll taken in March showed Perdue with an approval rating of 43 percent and a disapproval rating of 48 percent. Voter approval has also risen for President Barack Hussein Obama in the wake of the killing of Usama bin Laden. Obama has a 51 percent approval rating, compared to a 45 percent disapproval rating up from 46 percent approval rating and a 50 percent disapproval rating in March.
• Fundraising Battles: According to the News and Observer, Democrat Gov. Beverly Perdue held a fundraiser in Washington, D.C., on Tuesday at the home of Sunita and Dan Leeds.  Dan Leeds is founder and chairman of Education Voters of America and the Education Funders Strategy Group and has been active in a number of Democrat causes including NARAL, America Votes, the Democracy Alliance, and the Sierra Club.  Other hosts of the event included Susan Turnbull, chairman of the Maryland Democrat Party, John Wilson, the executive director of the National Education Association, former Rep. James V. Stanton, and D.C. lawyer and lobbyist Walker Nolan.  Attendees shelled out $2,000 to $2,500 per person to attend.  Perdue's likely Republican challenger in 2012, former Charlotte Mayor Pat McCrory, held a large fundraiser last Friday afternoon in Greensboro organized by former Ambassador Aldona Wos.  
• Republican Presidential Candidates (so far): A list of candidates seeking the Republican Party's nomination for President is beginning to develop.  Thus far, in alphabetical order, here are the Declared Candidates: Herman Cain (Atlanta business executive and radio talk show host), Newt Gingrich (former U.S. Speaker of the House), Gary Johnson (former Libertarian governor of New Mexico), Fred Karger (political consultant  and gay rights activist), Tom Miller (flight attendant), Congressman Ron Paul (R-Texas), Tim Pawlenty (former governor of Minnesota), Mitt Romney (former governor of Massachusetts), Rick Santorum (former U.S. Senator from Pennsylvania), and Vern Wuensche (businessman).  Potential Candidates include: Congresswoman Michelle Bachmann (R-Minnesota), John Bolton (former U.S. ambassador to the U.N.), Rudy Giuliani (former mayor of New York), U.S. Senator Lindsey Graham (R-South Carolina), Jon Huntsman (former governor of Utah and U.S. ambassador to China),  and Sarah Palin (former governor of Alaska, 2008 Republican VP candidate, and TV personality).  Declining to Run: Governor Haley Barbour (Mississippi), U.S. Senator Scott Brown (R-Massachusetts), Jeb Bush (former governor of Florida), Governor Chris Christie (New Jersey), Governor Mitch Daniels (Indiana), U.S. Senator Jim DeMint (R-South Carolina), Mike Huckabee (former governor of Arkansas and TV personality), Governor Bobby Jindal (Louisiana), Congressman Thaddeus McCotter (R-Michigan), Governor Bob McDonnell (Virginia), Congressman Mike Pence (R-Indiana), U.S. Army General David Patraeus, U.S. Senator-elect Marco Rubio (R-Florida), U.S. Senator John Thune (R-South Dakota), and Donald Trump (businessman and TV personality).  The most recent Gallup poll of Republicans, shows Mitt Romney (17%) and Sarah Palin (15%) leading the field.  Ron Paul (10%), Newt Gingrich (9%), and Herman Cain (8%) currently are tied for third.  Tim Pawlenty is at 6%, Michelle Bachmann is at 5%, and Jon Huntsman, Gary Johnson, and Rick Santorum are at 2%.  Remarkably, 22% of Republicans polled expressed no preference at this point.
• North Carolina a Battleground State in 2012: According to the Associated Press, North Carolina will once again be a battleground state in the 2012 presidential election. President Barack Hussein Obama’s administration appears to be ramping up appearances in the state in advance of the 2012 Democrat National Convention.  Obama is expected to visit the state in two weeks.  He last visited the North Carolina in December, and members of his administration also appear to be ramping up appearances in the State.  The AP reports that Republicans are also focusing attention on North Carolina.  The new chairman of the Republican National Committee said Wednesday that North Carolina, which Obama narrowly won in 2008, will be a battleground once again.  A poll released Wednesday by Public Policy Polling, a Democrat leaning firm, found that 50 percent of state voters approve of Obama, while 46 percent disapprove.  A poll conducted for conservative Civitas Institute found Obama with a 51 percent approval rating in the state.

NANNY BILLS OF THE WEEK: 

• Tan by Prescription Only: It's hard to imagine that a bill with the laudable title of "Youth Skin Cancer Prevention Act" would qualify as the "Nanny Bill" of the week, but S 431, introduced by Sens. Bill Purcell (D-Scotland), Eric Mansfield (D-Cumberland), and James Forrester (R-Gaston), would require that any person under the age of 18 get a physician's prescription to use a tanning bed.  Currently, the law requires a doctor's prescription only if the child is less than 14 years of age.  So, under this bill, parents will be supplanted as the ultimate authority of what their children can and can't do by doctors.  Taken to it's logical (and some would say inevitable) conclusion, it is not hard to envision the day when parents will be held criminally liable for child abuse if their children get a sunburn at the beach or the pool.  All three sponsors of this bill are medical doctors.
• Cold Relief by Prescription Only: A bill debated in House Committee Wednesday would require parents to get a doctor's prescription in order to purchase over-the-counter cough medicine for themselves or their children, not because the medicine is dangerous, but because a small number of people are using the medicine and other remedies that contain pseudoephedrine to make methamphetamines.  The bill would make pseudoephedrine a controlled substance available only with a doctor's prescription, thus affecting popular medicines such as Sudafed, Claritin-D and Robitussin Cough & Cold.  The drugs are currently available behind pharmacy counters, but a person 18 or over must show a photo ID to buy them and drug stores keep records of the sales.  The Charlotte Observer reports that the production of methamphetamine in North Carolina appears to be at record pace, with nearly half of the meth labs discovered in primarily rural communities near Charlotte.

QUOTE OF THE WEEK: 

"When I have a respectful request, I'll be happy to meet with people who treat my House with respect."  [House Speaker Thom Tillis (R-Mecklenburg) after a person protesting the legislative budget proposals asked him about whether he would have a meeting with the Rev. William Barber, president of the state NAACP, who had been arrested along with six other protestors for shouting slogans from the House gallery and disrupting a House session]

LEGISLATIVE NEWS FROM D.C.:

• Patriot Act Reauthorized: The U.S. House on Thursday joined the Senate in approving a four year extension of certain provisions of the Patriot Act that were set to expire at midnight.  Because President Obama was on his European pub crawl, the bill was signed into law using an autopen, a device that replicates the President's signature.
• Black Boxes on All Vehicles: According to the Detroit News, the U.S. Department of Transportation has proposed making vehicle "black boxes" - event data recorders - mandatory on all vehicles beginning with the 2013 model year.
• Budget No, Sunscreen Yes: While continuing to refuse to adopt or even propose a budget and having apparently solved all the other problems facing the country, U.S. Senate Democrats have introduced legislation - S. 1064 - to impose federal requirements on sunscreen labels.  And they wonder why Congressional approval ratings are in single digits!
• NSF Waste (you won't believe this): Sen. Tom Coburn (R-Oklahoma), has issued a scathing report documenting waste and abuse at the National Science Foundation (NSF), a federal agency with an annual budget of $6.9 billion.  In addition to funding highly questionable research studies, some of which are listed below, Coburn's report documents significant waste, fraud, and abuse at the NSF, including $144,152 for joint trips by a pair of romantically involved NSF employees, research funds used for bowling and amusement park trips, pervasive porn-surfing by NSF employees who sought to justify the cost by saying it helped poor women overseas make a living, jello-wrestling and skinny-dipping at NSF-operated facilities in Antarctica (wait, where?), and millions spent by NSF employees on alcohol, first-class airline tickets, and entertainment.  Among the questionable studies funded by the NSF were:
• $315,000 to Michigan State U to study whether playing FarmVille on Facebook helps people make friends and keep them,
• $1 million to IndianaU-Bloomington to study how quickly American parents respond to trendy baby names,
• $50,000 to UCal-Davis to study whether online music videos such as "Mondy 4 Drugz" increase our understanding of scientific concepts,
• $80,000 to Duke University to study why the same teams always dominate March Madness,
• $2 million to Cornell to find out if people who post pictures on the Internet from the same place at the same time are socially connected [ya, think?],
• $581,000 to UCal-Berkeley to determine if people are more or less racially-focused when seeking love online in the Obama-era,
• Two grants totaling $1.43 million to Carnegie Mellon to determine if Twitter users "tweet" in regional slang,
• $260,000 to Duke University to see if buying sporting tickets in advance is more advantageous than buying at the last minute,
• $480,000 to Texas A&M to study whether boys are more likely to play with trucks and girls with dolls [answer: yes],
• $605,000 to the University of Illinois Urbana-Champaign to determine the group dynamics of the online video game Everquest 2,
• $25,000 to the University of Indiana to study whether Twitter can predict the stock market,
• $1 million to the Rochester Institute of Technology, $7500 to Cornell, and $57,000 to MIT to study how rumors get started,
• $60 million over 20 years to the University of Michigan to determine how much housework a husband creates,
• $200,000 for a survey to determine whether Turkish women wear veils because they are fashionable,
• $90,000 to SMU to study the relationship between online virtual world users and their avatar,
• $560,000 to Grice Marine Laboratory at the College of Charleston to study how long a shrimp can run on a treadmill,
• $6500 to the University of South Carolina to study whether birth order impacts the willingness to take risks,
• $1.3 million to SETI to search for intelligent life on other planets [how about studying whether there's intelligent life in D.C.],
• $1.5 million to UCal-Berkeley to design a robot that can fold laundry [they did, but it takes the robot 25 minutes to fold one towel],
• $3 million for a conference on where the line is between work and play in online virtual worlds,
• $300,000 to UCal-Davis to determine how to ride a bike [any 8-year-old could tell them for a whole lot less money],
• $376,000 to Cornell to find out how often people lie in text messages and online messaging [answer: about 10-20 %]
• $1.7 million to Cornell to determine how many birds live in the "hood",
• $1.4 million to Stanford to find out how people interact in digital worlds,
• $150,000 to New School University to determine whether you can trust people in virtual worlds [answer: no],
• $326,000 to the University of Cincinnati to study how the genitalia of fruit flies assist them in hooking up [you really don't want to know the answer, trust me],
• $263,000 to Indiana University to determine the social impacts of tourism in Norway [wait, where?],
• $67,000 to Temple University to determine whether Bill O'Reilly, Rachel Maddow, and Chris Matthews are polarizing figures,
• $300,000 to Cornell to uncover the origins of dog domestication,
• $1.2 million to the University of Central Florida to create a 3-D, virtual rendition of the 1964/65 New York World's Fair,
• Several studies clearly of benefit to politicians, such as:
• $162,000 to the Congressional Management Foundation to study how members of Congress can benefit from Internet town halls
• $587,000 to the University of Nebraska to determine if genes determine your politic views
• $10 million to the University of Michigan and Stanford to determine why America voted as it did on election day 2010
• Two grants totaling $61,000 to Northwestern and Oberlin Universities to find out how political candidates us the World Wide Web
• $6900 to a doctoral candidate to determine how politicians can motivate people to make political donations [answer: to be persuasive]
• $130,000 for a survey to determine if Medicare Part D prescription drug benefits were politically advantageous
• $143,000 to the College of William and Mary to determine if party leaders in Congress are effective at controlling the members of their own party
• $50,000 for a workshop on the impact of Youtude.com on the 20087 elections
• $91,000 to Duke University to determine why people are for or against American military conflicts

BILLS OF INTEREST TO MOTORCYCLISTS: No new bills were introduced during the General Assembly's 17th week of the 2011 session.  Of the 1707 bills introduced so far this session (778 in the Senate and 929 in the House), only 83 (5%) have thus far been enacted.  While no bills of interest to motorcyclists were introduced this week, there was action on three bills of interest to motorcyclists that had been previously introduced:

• H 145. PHOEBE'S LAW -  This bill establishes a pilot program authorizing the NCDOT to use electronic speed-measuring systems to detect speed limit violations in highway work zones and school zones over a 15-year period.  Violations of work-zone speed limits would be assessed a civil penalty of $250.00, and violations of school-zone speed limits would be assessed a civil penalty of $125.00.  No drivers license or insurance points would be assessed pursuant to such violations.  The bill establishes a “Civil Penalties Litigation Fund to be administered by OSBM and shall receive 75% of the proceeds from these civil penalties to be allocated to school administrative units on a per pupil basis and shall be expended in accordance with the provisions of the State School Technology Fund.  The other 25% of the proceeds from these civil penalties shall be remitted to the State Public School Fund and shall be used exclusively for Drivers Education.  The bill also authorizes the NCDOT to reduce transfers of funds to school districts for Drivers Education it would otherwise make by an equivalent amount.  The House committee substitute changes the short title and makes technical changes.  The bill was withdrawn from the House Judiciary Committee on Tuesday and referred to Rules.
• H 451. DWLR PENALTIES INCREASED/VEHICLE SEIZURES -  This bill increases the penalties for driving while license revoked by setting minimum fines for initial and subsequent convictions, by requiring the seizure and forfeiture to the State of a vehicle being operated by a driver whose license or driving privileges are revoked after two prior convictions for driving while license revoked, and requires a minimum term of imprisonment or in the alternative house arrest for a third or subsequent conviction.  A House committee substitute makes technical corrections.  Having passed the House last week, the bill passed 1st reading in the Senate and was referred to the Judiciary II Committee with a serial referral to Appropriations.
• H 673. STREET GANG NUISANCE ABATEMENT -  This bill provides that any real property that is erected, established, maintained, owned, leased, or used by any criminal street gang for the purpose of conducting criminal street gang activity constitutes a public nuisance.  Provides that a street gang that regularly (at least five times in any 12 month period) associates in criminal street gang activities constitutes a public nuisance.  It provides that any person who regularly associates with other to engage in criminal street gang activity may be made a defendant in a suit brought to abate any public nuisance resulting from criminal street gang activity.  It also provides that if a court finds that a public nuisance exists under the provisions of the act, the court may enter an order enjoining the defendant in the suit from engaging in criminal street gang activities and impose other reasonable requirements to prevent the defendant or a gang from engaging in future criminal street gang activities.  A House committee substitute making technical changes was reported favorably on Monday.  The bill was approved on 2nd and 3rd reading on Tuesday and Wednesday, respectively, was given 1st reading in the Senate on Thursday, and referred to the Senate Judiciary II Committee.

LEGISLATIVE NEWS:

• Ballot Measures on Hold: More than 20 measures amending the State Constitution have been filed at the General Assembly this year, although lawmakers have not placed any on an upcoming ballot.  Changing the State Constitution requires a three-fifths vote of the House and Senate and approval by the voters.  Voters last amended the State Constitution in 2010 to bar convicted felons from serving as a county sheriff.  It is unclear at present which ballot measures, if any, will make their way onto the November 2012 ballot.  The House has already passed a measure to limit state and local government's use of eminent domain, barring governments from taking land from residents for economic development.  Other ballot measures proposed this year would:
• Require a three-fifths vote of the House and Senate before the State could raise taxes,
• Make English the official language of North Carolina,
• Limit the terms of the Speaker of the House and the President Pro Tempore of the Senate,
• Require candidates for governor and lieutenant governor to run as a team,
• Make it harder to restrict access to public meetings and documents
• Limit growth of the State budget to a formula that involves inflation and population growth,
• Define marriage as between one man and one woman,
• Rewrite the State's system of public education governance by shifting powers away from the State Board of Education to the State Superintendent of Public Instruction, and
• Limit General Assembly members to four consecutive terms.

• Electric Cars Exempt: The AP reports that the new electric vehicles would be exempted from some rush-hour traffic restrictions and annual emission inspections under legislation heading to Gov. Beverly Perdue's desk.  Lawmakers gave final approval Tuesday to a measure that would exempt plug-in vehicles from requirements they carry a minimum number of passengers to use high-occupancy vehicle lanes. The electric-only vehicles also would not have to undergo emission tests because they have no emissions.  The House gave near unanimous approval Tuesday to the Senate version of the bill.  
• More License Plate Variations: The House Transportation Committee voted Tuesday in favor of a bill that would make about 60 new license plates available to North Carolina motorists, including one with the pro-life message “Choose Life.”  Under the bill, an extra $15 generated from each “Choose Life” plate would help fund nonprofit crisis pregnancy centers opposed to abortion.   Republicans have sought the plate for years without success as Democrats who controlled the General Assembly blocked the proposal.  According to the AP, committee members rejected Democrat amendments designed to mandate restrictions on the crisis centers.  Most plates are produced when DMV receives at least 300 applications.  The bill now goes to the House Finance Committee.
• Gang Property at Risk: Law enforcement could ask a judge to declare the property owned by a "gang" a public nuisance under legislation approved by the House this week. The measure gives prosecutors or governments the ability to sue a "gang" or property owner if it is determined "criminal street gang" activity is occurring.  The bill - H 673 (Street Gang Nuisance Abatement) - does not change the existing statutory definition of "street gang", "criminal street gang", or "criminal street gang activity".  Those terms already are defined in Article 13A of the North Carolina General Statutes, often referred to as the "North Carolina Street Gang Suppression Act" enacted in 2008 as Chapter SL2008-214 of the North Carolina Session Laws.  The pertinent part of that law defines a "criminal street gang" or "street gang" as "any ongoing organization, association or group of three or more persons which meets all of the following conditions 1) has as one of its primary activities the commission of one or more felonies, (2) has three or more members who are individually or collectively engaged in criminal street gang activity, and (3) has a common identifying sign or symbol.  Under the provisions of H 673, the judge could issue injunctions designed to break up the "gang" or prevent property use through forfeiture. The bill makes clear that property owners would not be cited if they had no knowledge of the activity.  A final House vote was expected Wednesday.
• Political Signage OK'd: The Insider reports that a Senate committee has given its OK to legislation that would permit political signs on rights-of-way, but only 30 days before the early voting period begins. The bill, approved by the Senate Transportation Committee, sets up rules for the size of the signs and where they could be placed. Current law does not allow political signs on roadside rights-of-way, but the law goes largely unenforced during campaign seasons.
• For Those Wanting to Pay More Tax: The Insider reports that a bill that would allow state taxpayers to direct money from income tax refunds to help fund state government was approved a House committee on Thursday.  HB 877 would change state tax forms to give taxpayers a way to contribute all or part of their refunds to one or more of the following: the general fund, the university system, the Department of Cultural Resources, the Department of Health and Human Services, the Department of Public Instruction, or the Department of Public Safety.  According to the Insider, Bill sponsor Rep. Dale Folwell (R-Forsyth) said the measure would empower citizens who believe they are not taxed enough already by allowing them to direct money to segments of state government they think are under-funded.

CROSS-OVER DEADLINE: 9 June (non-finance and non-appropriation bills must have passed their chamber of origin by this date to remain eligible for consideration in the remainder of the 2011/2012 Session)

NANNY BILL ALERT: The days of empty-calorie snacks and soft drinks in North Carolina schools may be numbered.  A House committee on Tuesday recommended legislation that would lead to rules for school vending machines, snack bars, and some student fundraisers. According to the Associated Press, the bill directs the State Board of Education to adopt statewide nutritional rules that limit the calories, fat, sugar, and sodium content of the soft drinks and snacks sold on school campuses.  The rules are scheduled to take effect for the 2012 academic year if the legislation passes the General Assembly and is signed into law. Candy and other snacks sold at high school fundraisers after lunch or at extracurricular events would not be restricted. 

QUOTE OF THE WEEK: 

"It’s like Girls Gone Wild!” [Rep. Danny McComas (R-New Hanover) describing the run-amok policies of Sanitary Districts in the Wilmington area.

 The original of this report was filed by Paul Wilms, Legislative Coordinator, Raleigh Chapter, CBA/ABATE of NC.

The original of this report was filed by Paul Wilms, Legislative Coordinator, Raleigh Chapter, CBA/ABATE of NC