Tallyho! Riding herd on the legislative record

While budget and redistricting plans for the state are boiling in the Legislature, the back burners are currently full of legislation that has been neither enacted nor discarded this session. As a result, the rules were changed last week to stretch the crossover deadline from May 12 to June 9. That’s when House bills (other than appropriations or finance) must arrive in the Senate for consideration during this session.

The change was introduced by Hendersonville Republican Tom Apodaca, who represents District 48 (including part of Buncombe County) and chairs the Senate Rules & Operations Committee. His SB 777 adds four weeks for consideration of the numerous bills currently housed in various committees. A total of 874 bills have been filed in the House as of April 28, with 777 bills introduced in the Senate.

Some bills, of course, have already been enacted into law. Accordingly, we offer below a mid-term tally of legislation introduced by our WNC representatives and senators, along with a list of the substantive bills under their sponsorship that have at least passed in their respective chambers, or that have actually been enacted (not including general resolutions). Two freshmen legislators — evidencing enthusiasm, perhaps — produced the most bills carrying their names: Asheville’s Tim Moffitt in the House had 105 sponsorships and Spruce Pine’s Ralph Hise in the Senate had a whopping 151. The older hands, however, currently hold the highest numbers of successes: Four-and-a-half term Rep. Susan Fisher of Asheville has seen 25 of her 97 sponsorships succeed, while seven-term Sen. Tom Apodaca of Hendersonville has had success with 51 of his 117 bills thus far.

House Members, Buncombe County Districts
Susan Fisher, Democrat, District 114 (4.5 terms): Total bills sponsored to date, 97; primary sponsorship, 25. Substantive bills that have passed in the House or been adopted by the full legislature:
HB 27 (Forensic Sciences Act): Ratified March 29; signed by governor March 31. (WNC co-sponser Ray Rapp.)
HB 160 (Check-Off Donation: Breast Cancer Screening): Passed third reading April 28; ordered engrossed (text changes reconciled). (WNC co-sponsors: Tim Moffitt, Roger West.)
HB 186 (Select Committee Investigate CTS): Primary sponsor. Adopted April 11. (WNC co-sponsors: Chuck McGrady, Tim Moffitt, Ray Rapp.)

Patsy Keever, Democrat, District 115 (first full term in House; appointed at end of 2009-10 session): 43 bills; primary sponsor, 17. Passed/adopted:
HB 49 (Laura’s Law): Passed third reading March 14; currently in Senate Committee on Finance. (WNC co-sponsors: Rapp, Phillip Frye, David Guice.)

Tim Moffitt, Republican, District 116 (first term): 105 bills; 15 primary. Passed/adopted:
HB 2 (Protect Health Care Freedom): Ratified Feb. 23 but vetoed by governor. Failed to override veto on March 9. (WNC co-sponsors: Frye, Guice, McGrady.)
HB 8 (Eminent Domain/SB 37): Ordered engrossed April 28. (WNC primary sponsor, McGrady; co-sponsors, Frye, Guice, West.)
HB 92 (Repeal Land Transfer Tax): Ratified March 22; signed by governor March 31.
HB 160 (Check-Off Donation: Breast Cancer Screening): Passed third reading April 28; ordered engrossed. (WNC co-sponsors: Fisher, West.)
HB 162 (Exempt Small Ag Processing from Permit Requirement): Ratified April 14; signed by governor April 19: SL 2011-41. (WNC co-sponsor: Frye.)
HB 171 (Municipal Self-Annexations): Ratified April 20; presented to governor April 21; St. 2011-41.
HB 186 (Select Committee Investigate CTS): Primary sponsor. Adopted April 11. (WNC co-sponsors: Fisher, McGrady, Rapp.)
HB 197 (School Calendar Flexibility/Inclement Weather) Passed third reading, April 28 (WNC primary sponsors, Frye, Rapp, West; co-sponsor, McGrady.)

Senate Members, Buncombe County Districts
Tom Apodaca, Republican, District 48 (fifth term): 117 bills; 51 primary. Passed/adopted:
SB 8 (No Cap on Number of Charter Schools): Failed concurence April 14; conference committee appointed April 14. (WNC co-sponser, Ralph Hise.)
SB 17 (Joint Regulatory Reform Committee): Ratified Feb. 2; CH 2011-2. (WNC co-sponsor, Hise.)
SB 20 (Amend Law Regulating Proprietary Schools): Ratified March 24; signed by governor, March 31; SL 2011-21. (WNC co-sponsor, Hise.)
SB 22 (APA Rules: Limit Additional Costs): Ratified March 16; signed by governor March 25; SL 2011-13. (WNC co-sponsor, Hise.)
SB 32 (Hospital Medicaid Assessment/Payment Program): Ratified March 17; signed by governor March 25; Ch. SL 2011-11. (WNC co-sponsors, Davis, Hise.
SB 33 (Medical Liability Reforms): Passed third reading in Senate March 2; currently in conference committee. (WNC co-sponsors Davis, Hise.
SB 97 (Clarify Refunds of Tax Overpayments): Ratified March 8; signed by governor March 9: SL 2011-4. (WNC co-sponsor, Hise.)
SB 343 (Communications Regulatory Reform): Ratified April 18; signed by governor April 26. (WNC co-sponsor, Hise.)

Martin Nesbitt, Jr., Democrat, District 49 (four terms, plus 11 terms in House): 20 bills; 18 primary.
SB 322 (Adopt Official State Sport): Primary sponsor; passed third reading April 27. (WNC primary sponsor, Apodaca.)

Other WNC House Districts

Phillip Frye, Republican, District 84 (five terms): 53 bills; 6 primary. Passed/adopted:
• HB 2 (Protect Health Care Freedom): Details above.
• HB 8 (Eminent Domain): Details above.
HB 48 (No Standardized Testing Unless Required by Feds): Ratified March 7; became law without governor’s signature March 21: SL 2011-8.
• HB 49 (Laura’s Law): Details above.
HB 59 (Sex Offenders Cannot Be EMS Personnel): Ratified April 11; signed by governor April 12: SL 2011-37. (WNC primary sponsors, McGrady, Phillip Haire; co-sponsors, Guice, Rapp.
HB 62 (Prohibit Boylston Creek Reclassification): Ratified March 24; became law without signature: SL 2011-24. (WNC primary sponsor, Guice.)
• HB 92 (Repeal Land Transfer Tax): Details above.
• HB 162 (Exempt Small Ag Processing from Permit Requirement): Details above.
• HB 197 (School Calendar Flexibility/Inclement Weather): Details above.
HB 215 (Unborn Victims of Violence/Ethen’s Act): Ratified April 20; presented to governor April 21. (WNC co-sponsor, Gillespie.)
HB 219 (Sex Offender Registry Amendments): Ratified April 27; presented to governor April 27.
HB 422 (Federal Rail Money/Report, Consult, Approve): Primary sponsor. Passed third reading April 28; engrossed April 28.

David Guice, Republican, District 113 (two terms): 51 bills; 24 primary. Passed/adopted:
• HB 2 (Protect Health Care Freedom): Details above.
HB 3 (Exclusionary Rule/Good Faith Exemption): Ratified March 8; signed by governor March 18: Ch. SL 2011-6.
• HB 8 (Eminent Domain): Details above.
• HB 59 (Sex Offenders Cannot Be EMS Personnel): Details above.
• HB 62 (Prohibit Boylston Creek Reclassification): Details above.
HB 629 (Substance Abuse Treatment): Passed third reading, March 28.

Phillip Haire, Democrat, District 119 (seven terms): 18 bills; 13 primary. Passed/adopted:
HB 18 (Restore Firearms Rights/Tech Corrections): Primary sponsor. Ratified March 2; signed by governor March 5: Ch. SL 2011-2.
• HB 59 (Sex Offenders Cannot Be EMS Personnel): Details above.

Chuck McGrady, Republican, District 117 (first term): 48 bills; 23 primary. Passed/adopted:
• HB 8 (Eminent Domain): Details above.
• HB 59 (Sex Offenders Cannot Be EMS Personnel): Details above.
• HB 197 (School Calendar Flexibility/Inclement Weather): Details above.
HB 234 (Juror Qualifications/Disabilities): Ratified April 12; signed by governor April 19.

Ray Rapp, Democrat, District 118 (five terms): 98 bills; 20 primary. Passed/adopted:
• HB 27 (details above)
• HB 59 (Sex Offenders Cannot Be EMS Personnel): Details above.
HB 60 (Extend Hearing Loss Task Force): Ratified March 21; signed by governor March 31: Ch. SL 2011-20.
• HB 186 (Select Committee Investigate CTS): Details above.
• HB 197 (School Calendar Flexibility/Inclement Weather): Details above.

Roger West, Republican, District 120 (6.5 terms): 32 bills; 13 primary. Passed/adopted:
HB 7 (Community Colleges/Opt Out of Federal Loan Program): Ratified April 5; vetoed by governor April 13.
• HB 8 (Eminent Domain): Details above.
• HB 92 (Repeal Land Transfer Tax): Details above.

Other WNC Senate Districts
Jim Davis, Republican, District 50 (first term): 92 bills; 16 primary. Passed/adopted:
• SB 32 (Hospital Medicaid Assessment/Payment Program): Details above.
• SB 33 (Medical Liability Reforms): Details above.
• SB 97 (Clarify Refunds of Tax Overpayments): Details above.
SB 109 (Spending Cuts for Current Fiscal Year): Ratified March 16; signed by governor March 25: SL 2011-15. (WNC co-sponsor, Hise.)
SB 110 (Permit Terminal Groins): Passed Senate March 14; passed House April 26; conference committee appointed April 28.
SB 493 (Codify NC Century Farms Program in DACS): Passed third reading in Senate; currently in House Agriculture Committee.

Ralph Hise, Republican, District 47 (first term): 151 bills; 18 primary. Passed/adopted:
• SB 8 (No Cap on Charter Schools) Details above.
SB 13 (Balanced Budget Act of 2011): Ratified Feb. 14; vetoed by governor Feb. 22.
• SB 17 (Joint Regulatory Reform Committee): Details above.
• SB 20 (Amend Law Regarding Proprietory Schools): Details above.
• SB 21 (Add Program Evaluation Committee): Details above.
• SB 22 (APA Rules: Limit Additional Costs): Details above.
• SB 32 (Hospital Medicaid Assessment/Payment Program): Details above.
• SB 33 (Medical Liability Reforms): Details above.
SB 49 (Increase Fine for Speeding/School Zones): Passed conference committee April 28.
• SB 97 (Clarify Refunds of Tax Overpayments): Details above.
SB 105 (Increase Penalty/Certain 2nd Degree Murders): Passed Senate third reading March 23; passed House third reading April 28.
• SB 109 (Spending Cuts for Current Fiscal Year): Details above.
• SB 343 (Communications Regulatory Reform): Details above.
SB 368 (Modify Swimming Pool Requirements): Ratified April 6; signed by governor April 12: SL 2011-39. (WNC co-sponsor, Hise.)
SB 463 (Accountability for Taxpayer Investment Act): Passed third Senate reading April 27.
SB 479 (Testing in the Public Schools): Passed third Senate reading April 27; engrossed.
SB 530 (Prohibit Involuntary Annexation of Farms): Passed third Senate reading April 28.

by Nelda Holder, contributing editor

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