It's not only possible to become a state legislator without getting elected, but 31 of the 170 members of the legislature have done it.

Those lawmakers first took office after being selected by a small group of their party's leaders and then being appointed by the governor.

Since the current legislative term began in January, six lawmakers have taken office after their predecessor resigned or, in one case, died. A seventh new legislator will be selected soon to replace Sen. David Weinstein, D-Lumberton, who resigned in September. When a lawmaker leaves office early, his or her party leaders select a replacement who is appointed by the governor.

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Gov. Beverly Perdue is not alone in China and certainly not in terms of elected officials from North Carolina, since 11 legislators are also there.

Senators Malcolm Graham (right with Alfred Liu, general manager of SAS' Beijing R&D) and Bob Rucho, of Charlotte; Floyd McKissick, of Durham; Joe Sam Queen, of Waynesville and Tony Foriest, of Graham, along with Representatives Lucy Allen, of Louisburg; Bill Owens, of Elizabeth City; Joe Tolson, of Pinetops; Jane Whilden of Asheville; Margaret Dickson, of Fayetteville and Wil Neumann, of Belmont are visiting as part of a program organized by the University of North Carolina’s Center for International Understanding. All are Democrats except for Rucho and Neumann, Republicans.

Graham said no tax dollars are being used to pay for the trip. Funding comes from Duke University as well as corporate sponsors AT&T, Longistics and SAS.

The group is participating in a few events during Perdue's trade trip, such as Wednesday's visit to a middle school, but also are making their own stops, such as SAS' Beijing R&D operation. Lawmakers are aiming to learn more about a country and culture with which North Carolina must compete for jobs and business.

"We don’t live in an isolated world anymore," Graham said. "We’re not just competing with South Carolina, Tennessee and Florida. We’re competing in a worldwide economy."

Convicted felons will be allowed to challenge their death sentences on grounds of racial bias according to a law that passed the Senate on Wednesday night.

The N.C. Racial Justice Act, which passed by a vote of 25-18, would allow defendants to challenge death sentences using statistical evidence that shows that race was a factor in imposition of the death penalty at a local or state level. The bill still requires the governor's approval.

"The need for this bill is self evident to prevent any type of conduct that would be impermissible when it comes to the imposition of the death penalty," said Sen. Floyd McKissick, a Durham Democrat an the bill's sponsor.

When the bill originally passed the Senate, it did so with amendments that would end a de facto moratorium on executions created when physicians refused to participate. The House removed those provisions when it passed its version of the bill.

Opponents of the bill said it will end the imposition of the death penalty in North Carolina.

"Concurring in the House version of this bill is a vote to say we should not have a death penalty in North Carolina," said Sen. Phil Berger, the chamber's Republican leader.

The Racial Justice Act, which would allow challenges to death sentences based on race, narrowly cleared a House committee this morning.

The act would require defendants to prove that race played a “significant factor” in a prosecutor’s decision to seek the death penalty, or in a jury vote to impose the sentence, reports April Bethea of The Charlotte Observer. It allows the use of statistics to show, among other things, that the death sentence was sought or imposed more frequently for persons of one race versus others.

Defendents can challenge the use of the death penalty either in a pre-trial conference or after conviction. Current death row inmates would have up to one year after the bill goes into effect to challenge their sentences.

A successful challenge would keep a prosecutor from seeking the death penalty, or would vacant a death sentence in exchange for life in prison without parole.

More after the jump.

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Sen. Floyd McKissick may want to brush up on Senate rules.

The Durham Democrat, who has been in the Senate since 2007, missed a crucial opportunity to object to a motion to send his bill back to a committee during debate this morning.

McKissick's bill would allow counties to provide health insurance to former employees. But Senate Majority Leader Tony Rand objected, saying it could allow former county commissioners to get insurance benefits for too long.

During discussion of the bill, a number of senators raised questions about what kinds of employees would be affected, including part-time or short-time workers.

Sen. Bob Atwater offered an amendment that would require counties to establish a policy before extending benefits.

Rand, an old hand at parliamentary procedure, then moved to re-refer the bill to the committee on pensions and retirement so the amendment could be considered there.

More after the jump.

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Recent Senate bills of note:

S.B. 461: North Carolina Racial Justice Act, Sen. Floyd McKissick

S.B. 478: Modify School Calendar Law, Sen. Don East

S.B. 491: Expunge Nonviolent Crimes, Sen. Ellie Kinnaird

S.B. 500: Raise Homestead Exclusion Income Limit, Sen. Austin Allran

S.B. 515: Prohibit Penning of Wildlife, Sen. Neal Hunt

S.B. 520: NC to Consider Off Shore Drilling, Sen. James Forrester

S.B. 525: Video Game Producer Tax Credit, Sen. Julia Boseman

State Rep. Alma Adams will again chair the Legislative Black Caucus.

At a meeting on Dec. 4, the caucus unanimously re-elected the Greensboro Democrat to a second term as chairwoman, despite speculation that she may take a role in Gov.-elect Beverly Perdue's administration.

Sen. Malcolm Graham was also chosen as first vice chair; Rep. Earline Parmon, second vice chair; Rep. Annie Mobley, secretary; Sen. Tony Foriest, treasurer; Rep. Garland Pierce, caucus chaplain; and Sen. Floyd McKissick, parliamentarian.

According to a press release, the caucus' goal is to promote legislative policies "responsive to the needs of all North Carolinians, particularly African Americans." In recent years, it has played a role in passing the state's Earned Income Tax Credit, among other things.

In 2007, the caucus was criticized when it was revealed that relatives of five members received college scholarships from its foundation.

The caucus will now have 31 members, including newly elected Reps. Elmer Floyd of Fayetteville, Pearl Burris Floyd of Gaston County and Nick Mackey of Charlotte and Sen. Don Davis of Snow Hill. In 2007, it had just 28 members.

Burris Floyd will be the group's only Republican.

SEANC gave $194,800 in North Carolina races this year.

The State Employees Association of North Carolina gave $89,300 to 53 state House candidates, $79,000 to 28 Senate candidates an $16,000 to four statewide candidates. Seventy-six recipients were Democrats, and nine were Republicans.

The largest donations went to House challenger Jimmy Garner and Sen. Floyd McKissick, who each received $8,000; and House challenger Betty Mangum and Sens. Fletcher Hartsell, Steve Goss, Ellie Kinnaird, who received $5,000 apiece.

Gov.-elect Beverly Perdue, Lt. Gov.-elect Walter Dalton, agriculture commissioner candidate Ronnie Ansley and labor commissioner candidate Mary Fant Donnan, all Democrats, each received $4,000.

Fifty-five of the candidates were incumbents, 19 were challenging an incumbent and 11 were running for open seats. 

The state workers group also gave $4,000 to the state House Republican committee, $1,000 to the Senate Democratic committee and $500 to the House Democratic committee.

In addition, SEANC gave $5,000 to the Alliance for North Carolina. 

The Durham meals tax is back.

In a hastily-called meeting, the Senate Finance committee approved a proposal allowing Durham to impose a 1 percent tax on restaurant meals.

Sen. Floyd McKissick, a Durham Democrat, had been struggling to find enough votes to get the bill, which the state restaurant trade association opposed, out of committee and to a full Senate vote.

The committee had voted to kill the bill about an hour earlier, but McKissick found a senator who opposed it the first time to ask for a new vote.

The proposed Durham meal tax died before noon Wednesday in a quick committee vote on the Senate floor.

Sen. Floyd McKissick, a Durham Democrat, told committee members they would not be voting to impose a tax. But in a voice vote, the noes easily overwhelmed the ayes.

Durham wanted permission to hold a vote on a 1 percent tax on prepared meals. The N.C. Restaurant and Lodging Association opposed it. The bill barely got out of the House and barring some parliamentary miracle, is dead for the year.