Report for September 12-16, 2011
The North Carolina General Assembly completed most of their business in the 2011 long session in the consecutive months of January to June, passing over 400 session laws including a state budget and the most gubernatorial veto overrides in state history. Since adjourning in June, the House and Senate have since reconvened twice in abbreviated sessions lasting about a week to take up a limited scope of matters.
The legislature most recently reconvened Monday, September 12 and adjourned just two days later on the 14th. Undoubtedly, the issue that received the most public attention in this time period was the legislature's passage of a proposed amendment to the state constitution. Constitutional amendments are not subject to the objection of the Governor and must pass each chamber by a three-fifths majority. The proposed amendment then must receive over 50 percent approval from North Carolina citizens. The potential constitutional amendment passed in this session solidified a state law already on the books that defines marriage as a union between a man and a woman. Voters in North Carolina can expect to see this on the ballot in May of 2012.
As one can imagine, this controversial social topic eclipsed the public and media interest in other legislative matters that were addressed in this period. The other issues taken up, while not quite as sensational, are significant nonetheless and worthy of attention.
Of note, the Legislative Research Commission released details on their interim study committees including scope and membership. These committees are commissioned by General Assembly leadership to study different prescribed topics, and often produce recommended legislation to be passed in the next short session beginning May 2012. While a large number of these study groups are composed of House and Senate members, there are several committees that are solely commissioned by one chamber. Click here to see the House Study Committees and membership lists. Click here to see the Senate Study Committees and membership lists. A sampling of some of the study topics include "Efficiencies in State Government," "Property Insurance Rate Making," and "Automobile Insurance Modernization."
The legislature also addressed a non-controversial fix to the "forced combinations" legislation that passed in June (SL 2011-390). The overall purpose of the new law is to bring clarity to the Secretary of Revenue's authority to require a multi-state corporation to file a combined return. The fix that passed in last week's session makes it clear that multi-state corporations may voluntary combine their returns in collaboration with the Secretary of Revenue while also fixing the effective date. An omnibus piece of legislation to give clarity or correct technical session laws from earlier this year was also passed.
According to their most recent adjournment resolution, the House and Senate will both reconvene on Monday, November 7 and may only consider matters involving redistricting, veto overrides, election laws, tribal compact negotiations, natural disasters, General Assembly appointments, governance of Local Management Entities (LMEs) and any bill pending in House Rules as of July 28 or any conference report for bills in conference as of September 14.
Various legislative committees are scheduled to meet out of session. Visit www.ncleg.net for the most recent committee schedule or click here to view the most current full legislative calendar.
For more information, contact:
Allison Waller, Policy Advisor
allison.waller@nelsonmullins.com
Mobile: 704.957.3728 | Office: 919.329.3883 | Fax: 919.877.3799
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.