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Old North State Report

Feb. 3, 2023

Old North State Report – Feb. 3, 2023

HOUSE RULE CHANGE

North Carolina civil rights advocates denounced a House rule change Tuesday that could allow Republicans to override vetoes on contentious bills with little notice, saying it subverts democracy and the will of voters.  Republicans pushed through temporary operating rules this month that omitted a longstanding requirement that chamber leaders give at least two days’ notice before holding an override vote. The move could allow Republicans — who would need some Democratic support to veto legislation if all members were present — to override Gov. Roy Cooper's vetoes while a Democrat is absent, even momentarily.

As lawmakers prepare to debate bills on abortion access, LGBTQ rights, and immigration, Miles Beasley, a Historically Black Colleges and Universities fellow at Common Cause North Carolina, said he worries the rule could be abused to further disadvantage vulnerable communities.

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CERTIFICATE OF NEED LAWS

North Carolina hospitals could soon lose their legal protections against too much competition. State lawmakers recently proposed Senate Bill 48, which could affect negotiations over an effort to expand Medicaid.  The state General Assembly is expected to continue its debate in 2023 over whether to expand Medicaid to hundreds of thousands of the state’s working class.

At the center of the debate are disagreements between the Republican leaders of the state House and Senate, who are open to expanding Medicaid but haven’t seen eye-to-eye on the details.

Tuesday’s bill would repeal North Carolina’s “certificate-of-need” rules. Those allow state regulators to limit how many hospitals can operate in any given area, and even what types of equipment they can buy.

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UTILITY SECURITY

Punishments could get tougher in North Carolina for intentionally damaging utility equipment in legislation filed Wednesday by Senate Republicans. This comes as a result of what happened in Moore County two months ago, when tens of thousands of residents lost electricity for days due to someone damaging the electrical substations.

Senate Bill 58 would create a new crime making it a high-grade felony to intentionally destroy or damage any “energy facility" or attempt to do so. It would, in part, replace current state law that makes it a misdemeanor to vandalize equipment that interrupts the transmission of electricity.

The measure also would make it the same level of felony to destroy or pull down telephone and broadband lines or equipment as it would be for damaging energy facilities. Senators also want to make first-degree trespassing a low-grade felony if it occurs at an energy facility or public water system plant.

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NEW GUN LEGISLATION

State lawmakers have their sights set on a law that’s been on the books in North Carolina since 1919,which requires a local sheriff’s permission and permit before a North Carolinian can legally buy a handgun. Senate Bill 40, or the Pistol Purchase Permit Repeal, would do away with the system some say is duplicative — and others say saves lives.

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RIOTING BILL

House Speaker Tim Moore, R-Cleveland, on Wednesday filed a bill that would make rioting a felony if it causes $1,500 in property damage, someone is injured, or someone dies. Those facing felony charges could be held in jail for up to 48 hours and, if convicted, face two years in prison. The bill would also enable property owners to sue rioters for damages.

House Bill 40 is identical to the one Moore initially sought in 2021 in response to the 2020 protests of George Floyd's death in police custody in Minnesota. The GOP-controlled legislature approved the bill, but it never became law because Democratic Gov. Roy Cooper vetoed it.  Since then, the bill’s prospects have changed.

Republicans have gained seats in both the state senate and state house, coming just one House seat shy of obtaining a supermajority. Now, Moore is confident the bill will become law.

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SERVICE COMPANIES

If your doctor or repair person cancels your appointment on short notice, should they have to pay you for your time? Some state lawmakers say yes!

Rep. Keith Kidwell (R-Dare) has filled House Bill 32, the Service Customer Equal Value Time Act, which would require just that. Should the bill become law, any service provider who charges customers if they cancel an appointment or are late would have to pay customers back if services are canceled or late. 

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INSURANCE RATES INCREASE

The Rate Bureau filed a request to increase the cost of auto policies by 28.4%, Insurance Commissioner Mike Causey announced Thursday.  If the rate hike is approved, it would go into effect Oct. 1.

The N.C. Rate Bureau represents auto insurance companies in the state. By law, the bureau must submit auto rate filings with the N.C. Department of Insurance every year by Feb. 1.

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