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    GENERAL ASSEMBLY NEWS 
 
Today@NCCapitol: The end is nigh
WRAL // @NCCapitol // June 28, 2018

Summary:Here's what's happening in the General Assembly on Thursday, June 28: The House meets at 10 a.m. and has final votes on two proposed constitutional amendments – capping the state income tax rate at 7 percent and creating a system to fill judicial vacancies between elections – and two veto overrides – bills dealing with bond forfeitures and the state pension system – on its calendar.
  • The Senate doesn't hold a voting session until the afternoon, when it could take up the tax cap amendment and will likely take up another proposed amendment to require photo identification before voting. The Senate also has two other veto overrides on its calendar – bills dealing with judicial redistricting and changes to insurance regulations.
  • The voter ID amendment will be addressed in the Senate Elections Committee at 10 a.m. and the Senate Rules Committee at 11 a.m.
  • Both chambers also are considering various nominations by Gov. Roy Cooper to be special Superior Court judges or serve on the Industrial Commission or the Oil & Gas Commission.
  • The General Assembly will meet in a joint session at 3:30 p.m. to confirm Cooper's appointees to the State Board of Education.
Federal court invites feedback from partisan gerrymandering parties after Supreme Court remand
Progressive Pulse // Melissa Boughton // June 28, 2018

Summary: Parties to North Carolina’s partisan gerrymandering case have until July 11 to weigh in at the federal level about how the U.S. Supreme Court’s recent decision in a Wisconsin case affects the merits of theirs. The directive was issued Wednesday by the U.S. District Court for the Middle District of North Carolina, three days after the high court vacated its opinion and remanded the case back for further consideration in light of the decision in Gill v. Whitford. The federal three-judge panel presiding over the North Carolina case — which is actually two cases, League of Women Voters v. Rucho and Common Cause v. Rucho — had struck down the state’s 2016 congressional map as an unconstitutional gerrymander. The case was pending at the Supreme Court when Justices last week decided Gill, a partisan gerrymandering challenge out of Wisconsin. It was mostly dismissed for lack of standing but also partially sent back to the lower court for redress.

NC GOP lawmakers to U.S. Supreme Court: Throw out all of special master’s districts for 2018 election
Progressive Pulse // Melissa Boughton // June 27, 2018

Summary: GOP lawmakers want the U.S. Supreme Court to throw out all the special master’s districts in the state’s never-ending racial gerrymandering case and return to their original map for the 2018 elections. Attorneys representing the General Assembly filed a supplemental brief with the high court yesterday. It states that this week’s decision in Abbott v. Perez invalidates the lower court’s holding in North Carolina v. Covington that “the legislature did not do enough to ‘eliminate … the discriminatory effects of the racial gerrymander.'” The Supreme Court held in Abbott, a racial gerrymandering case out of Texas, that a lower court disregarded the presumption of legislative good faith and improperly reversed the burden of proof when it required the state to show a lack of discriminatory intent in adopting new districting plans. North Carolina lawmakers contend it is undisputed that they didn’t use race when redrawing the legislative districting map to correct their original racial gerrymanders.

Editorial: Voters need to reject rushed, fatally-flawed Constitutional amendments
WRAL // CBC Opinion // June 28, 2018

Summary: The people of North Carolina have learned very little about what is really in the unprecedented bundle of proposed amendments to the State Constitution It’s not their fault The little that is known gives every voter good reason to oppose these amendments and reject each one when they go to the polls in November.The fatal flaws are significant and strike at the fundamentals our Constitution is supposed to uphold.
  • The amendments were concocted in secret.
  • There’s been too little time for public examination, distribution of information and debate of changes that carry such permanence. 
  • Amendment advocates have been deceitful and dishonest.
  • The Constitution is not a playground for partisan manipulation.

N.C. GENERAL ASSEMBLY: A rundown of the 6 amendments currently before legislators
Sanford Herald // Zachary Horner // June 27, 2018

Summary: After passing the fiscal year 2018-2019 budget during the current short session, the N.C. General Assembly is now in the midst of considering six constitutional amendments that could end up on voters’ ballots this November. Here’s a breakdown of each amendment and its progress, as well as the votes of local legislators — Republicans Sen. Ronald Rabin and Rep. John Sauls, and Democratic Rep. Robert Reives II. Voter ID A controversial amendment is House Bill 1092, which would require voters to provide photo identification at the polls. Lee County Rep. John Sauls is one of the primary sponsors of the bill. “Confidence in the American democracy is essential to its longevity,” Sauls said earlier this month in a statement released by the office of House Speaker Tim Moore, a fellow primary sponsor. “Our state must not tolerate anyone’s vote being threatened because lawmakers failed to prevent fraud.”

Don't worry. As school buildings crumble, our kids will get 6 constitutional amendments!
N&O // Editorial Board // June 27, 2018

Summary: What a strange time it is in our legislature. Anger, acrimony and accusations abound. It seems as if there are no significant issues on which Republicans and Democrats could work together. But there are — plenty of them. Among them is improving the poor condition of K-12 school buildings across the state. Compounding that challenge is the legislature's mandate for smaller classes, which increases the pressure to add classrooms. Legislators from both parties recognize this problem. Rep. Craig Horn, a Republican leader on education issues, told teacher (and columnist) Justin Parmenter: “We have many school buildings that simply cannot support or even allow for modern teaching techniques or the application of much-needed technology. They are cramped, in need of basic repairs to walls, roofs and floors. Sanitation and even infestation is a constant challenge. These conditions severely impact both student and teacher.”

House pops proposed state income tax cap
WRAL // Matthew Burns // June 27, 2018

Summary: A proposed cap on state corporate and individual income tax rates might wind up being higher than initially planned. The House voted 73-45 on Wednesday afternoon to get voter approval this fall to put a 7 percent ceiling on the income tax rates. A final House vote is expected Thursday. The Senate last year passed legislation to cap rates at 5.5 percent, and the measure resurfaced in the House two weeks ago as lawmakers pushed to put as many as six proposed constitutional amendments on the November ballot.

Do Republicans agree on how low NC should cap its income tax? 'Hell no.'
N&O // Paul Specht, Colin Campbell // June 27, 2018

Summary: Your state income tax rate is 5.49 percent, and a proposal revealed earlier this month would've made it difficult for state lawmakers to ever raise it. But now, lawmakers are reconsidering. Republican legislators in the state House on Wednesday advanced a revised measure that could limit the income tax to 7 percent, so long as voters approve a referendum this November to amend the North Carolina Constitution. The House finance committee approved the new proposal Wednesday afternoon, and the full House gave preliminary approval about an hour later. The constitution currently caps the income tax rate at 10 percent. Republicans earlier this month sought a constitutional amendment referendum to lower it to 5 percent.

An income tax rate cap is still bad policy
Progressive Pulse // Alexandra Sirota // June 27, 2018

Summary: A modified Senate Bill 75 was approved by the House Finance committee this afternoon, raising the proposed income tax rate cap from 5.5 to 7 percent, to try to address concerns with the previous state Constitutional amendment proposal. There is no fix that can make the income tax rate cap work for North Carolina. If the goal is to keep taxes and spending low, income tax limits have been found in several academic analyses to be ineffective. These analyses find that pressing needs for public services and funding end up being supported through other fees and taxes going up. Shifts to greater local government responsibility for funding have also commonly been found to occur, which in North Carolina would primarily result in property tax increases.

Judicial appointments amendment gets initial House nod
WRAL // Matthew Burns // June 27, 2018

Summary: A proposed constitutional amendment that would shift much of the power to appoint judges from the governor to lawmakers is one step closer to going before the voters this fall. The House gave initial approval Wednesday to the measure by the narrowest margin. Proposed amendments require a three-fifths vote in both the House and the Senate, which means 72 votes are needed in the House. The first vote on the proposal was 72-48. A final vote is expected Thursday.

Elections board, appointments amendment on the ballot
WRAL // Travis Fain // June 27, 2018

Summary: The state Senate gave final approval Wednesday to a proposed constitutional amendment to change the way the state elections board is appointed and to assert legislative control over membership of a slew of boards normally appointed by the governor. Democrats cried foul over the bill, with state Sen. Paul Lowe, D-Forsyth, offering a tongue-in-cheek amendment at one point "that strips all power from the administration and transfers power to the GA," which is short for General Assembly.

Hog farmers win new protections as lawmakers override Roy Cooper's veto
N&O // Anne Blythe // June 27, 2018

Summary: North Carolina will place new limits on how and when neighbors of hog farms can sue the agriculture businesses next door. The state legislature gave final approval on Wednesday to a bill that restricts nuisance lawsuits against farms and other livestock and forestry operations. The state House voted 74 to 45 in the morning to override a veto that Gov. Roy Cooper issued on Monday. The Senate voted on Tuesday to reverse the governor's action. “Overriding this veto and correcting Gov. Cooper’s unwise decision sends the clear message to our family farmers and rural communities that they have a voice in the legislature and that this General Assembly intends to give them the respect they deserve," Sen. Brent Jackson, a Sampson County Republican and farmer, said in a statement. "This was never a partisan issue or about politics, but about doing what is right, and I am glad we had bipartisan support in both chambers as we stand up for our farmers."

New law tackles NC sexual assault kit backlog
StarNews // Kevin Maurer // June 27, 2018

Summary: A bill sponsored by a local lawmaker establishing a tracking system for untested sexual assault kits was signed into law earlier this week. Gov. Roy Cooper signed 32 bills into law Monday, including the Rape Evidence Collection Kit Tracking Act (HB 945) co-sponsored by Rep. Ted Davis, R-New Hanover. “Behind every kit is a person -- a sexual assault survivor -- waiting for justice,” Ilse Knecht, director of policy and advocacy for Joyful Heart, said in a statement. “This legislation demonstrates North Carolina’s commitment to offering a path to healing and justice for sexual assault survivors and strengthening public safety for its citizens. Ensuring all stakeholders in the criminal justice process can know the location and status of all newly collected sexual assault evidence kits will bring transparency to evidence kit processing and prevent a backlog from happening again.”
  GOV. COOPER NEWS  
 
Business opposition derails Cooper pick for Industrial Commission
WRAL // Travis Fain // June 27, 2018

Summary: The chances are slim one of Gov. Roy Cooper's picks will gain legislative approval for the North Carolina Industrial Commission because he's opposed by more than a dozen business groups. The outlook is so gloomy that a Democrat, Sen. Floyd McKissick of Durham, suggested Wednesday that nominee Robert Harris simply withdraw. Harris is an attorney with 15 years experience at the Industrial Commission, where he adjudicates workers compensation claims as a deputy commissioner. Cooper tapped him to move up to the full commission, but business groups don't like his track record, saying he sides too often with employees.

Cooper kicks off 'Operation Firecracker' at Greensboro meeting
Winston Salem Journal // Taft Wireback // June 27, 2018

Summary: Gov. Roy Cooper met with a standing-room-only crowd of law enforcement officers on Wednesday to mark the start of this year's "Operation Firecracker" campaign against drunk driving. More than 100 officers and court personnel turned out for the gathering at Guilford Courthouse National Military Park in which Cooper said that so far this year there have been 135 alcohol-related deaths on North Carolina roads. "That's 135 shattered families and communities that are broken," Cooper said. "When you drink, when you do drugs and when you drive, you can shatter lives." Cooper said that driver checkpoints or other enforcement efforts are planned in all 100 counties during the annual campaign that extends through July 8.
 OTHER 

Midterms

'God is racist,' Jewish people 'all descend from Satan,' NC candidate says
N&O // Abbie Bennett // June 27, 2018

Summary: A website tied to a candidate for the North Carolina General Assembly says God is a racist white supremacist and that Jews are descended from Satan. Russell Walker is a Republican candidate running for state House District 48 which includes Scotland and Hoke counties. On Tuesday, the North Carolina Republican Party withdrew its support for Walker. “Based on recent behavior and previous statements, the North Carolina Republican Party is unable and unwilling to support the Republican nominated candidate for North Carolina House District 48," GOP chairman Robin Hayes said in a statement Tuesday. "The NCGOP along with our local parties in Hoke, Scotland and Robeson Counties will be spending our time and resources supporting Republican candidates that better reflect the values of our party.”

GenX 

EPA plans meeting to discuss GenX, other compounds
Fayetteville Observer // Steve DeVane // June 27, 2018

Summary: The Environmental Protection Agency plans to hold a meeting in August to discuss potentially harmful chemicals like those discovered in wells around a Bladen County plant. EPA officials said an event in eastern North Carolina will be among three meetings focusing on PFAS, which is short for per- and polyfluoroalkyl substances. A spokeswoman for U.S. Rep. Richard Hudson said preliminary plans call for a multi-day event in Fayetteville and Wilmington. PFAS is a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals, according to the EPA website. GenX is manufactured at the Chemours Fayetteville Works plant, which is off N.C. 87 near the line that separates Bladen and Cumberland counties. The compound also is a byproduct of other processes at the facility.

State Employees 

Agency finance chief named new NC parks director
WRAL // Tyler Dukes // June 27, 2018

Summary: After the sudden and unexplained ouster of the state parks director and a quiet search for his replacement, North Carolina officials announced Wednesday an in-house pick to manage the more than 234,000 acres of state-owned land from the mountains to the coast. Dwayne Patterson will become the first black director of the state Division of Parks and Recreation, assuming the role on Thursday. Since May 2017, he's served as chief financial officer for the state Department of Natural and Cultural Resources.

NC Economic Development  

North Carolina's newest cash crop is illegal for most farmers to grow
N&O // Richard Stradling // June 28, 2018
Summary: North Carolina farmers take chances whenever they try to grow something new, but no crop poses the kind of uncertainties that surround industrial hemp. Hemp is used in thousands of products, from parachutes to energy drinks and a growing number of supplements and remedies containing CBD oil. But the plant is also a cousin of marijuana, which makes almost everything about it harder for growers, from getting loans to buying seed to selling the crop at the end of the season. Among the added worries: The level of the compound that gives you a high when you smoke marijuana, THC, might inch up a fraction of a percent in your hemp plants, making them a drug under federal law no more legal to possess or sell than cocaine or heroin.

Federal News  

Wilkie faces hearing in bid to be VA secretary
Fayetteville Observer // Drew Brooks // June 27, 2018

Summary: Fayetteville native Robert Wilkie appears to be a shoo-in to become the next secretary of Veterans Affairs. Wilkie, 55, who was nominated by President Trump last month, was quizzed by the Senate Committee on Veterans Affairs for nearly two hours on Wednesday. He answered questions about the possible privatization of veterans care, morale in the nation’s second-largest government agency and numerous other issues plaguing the VA, which is charged with caring for nine million veterans and more than 1,700 government-run health care facilities. During the hearing, most senators said they would vote for Wilkie or stated that they believed he would be approved for the position. They also made clear that the job, although apparently his, would not be easy. Sen. Johnny Isakson, a Georgia Republican who is chairman of the Committee on Veterans Affairs, said Wilkie would inherit an agency that has had problems, but one that represents the promises a nation has made to those who serve in its military.

Other Voices: Pushing back against HUD plan
Blue Ridge Now // Gatehouse Media // June 28, 2018

Summary: How does one square the messages about housing affordability from the federal government? On the one hand, the U.S. Department of Housing and Urban Development says people who spend more than 30 percent of their income on housing costs are “housing-cost burdened.” That’s why the government has traditionally helped subsidize housing for low-income people who would otherwise be priced out of the housing market. On the other hand, the agency said this spring it intends to change the rules to raise the housing burden to 35 percent of a household’s gross income. HUD Secretary Ben Carson says the lower subsidies would encourage people to find jobs, or better-paying jobs. Viewed from a bureaucratic distance, perhaps, the idea has a certain logic. But viewed through the prism of low-income households, the change heaps a heavier burden on people who already struggle to buy groceries and pay utilities. The proposed rule change, which would need approval from Congress, would raise rents for low-income people in the 100 largest urban areas by an average of 20 percent.

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