The bill creates a new division of the Attorney General's office that would advise some 1,500 governmental units on public records issues. The unit could also mediate disputes before they end up in court.

The bill also states that if a governmental agency, city, town, county, school system or other public entity loses a lawsuit over public records, a judge must require the agency to pay the plaintiff's attorney fees.

State law already allows judges to impose fees, but it is rarely used in public records cases.

"The public records are the people's records," said Rep. Deborah Ross, a Raleigh Democrat and co-sponsor of the bill. "They're not our records. They're not the politicians' records."

The bill was unlike nearly ever other contentious bill that has been discussed on the House floor this year in that the usual partisan lines were gone. On Thursday, what determined whether a House member was in favor or against the bill seemed to be whether he or she was once a locally-elected official.

Rep. Lucy Allen, a Louisburg Democrat and former mayor of that city, offered an amendment that would allow a government or agency to avoid paying legal fees if it relied on a written opinion from its staff or contract attorneys to deny releasing the records.

More after the jump.

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The State Health Plan bill squeaked through the House appropriation's committee on Wednesday.

The narrow margin 44 to 40 suggested to House Majority Leader Hugh Holliman that he may have some more work to do before he puts the bill up to a vote on the House floor next week.

"I think there's a lot of concern about state employees," said Holliman, a Lexington Democrat. "We're working to make this bill as good as we can."

The plan is facing a shortfall this year of $250 million and in addition to setting premiums and establishing coverage for state employees and their dependents, the bill would keep the plan solvent this year.

For next year, the bill would increase premiums for spouses and children of state employees by 10 percent each year. That increase grew after lawmakers added some $54 million in costs over two years to move the plan to a calendar year and voted to cover chiropractic services and physical, occupation and speech therapy at the same level as primary care.

More after the jump.

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The state House passed the second reading of a smoking ban.

After a two-hour debate, representatives voted 75-42 to ban smoking in restaurants, bars and workplaces around 7:20 p.m.

Several amendments limited the scope of the bill, exempting bars and restaurants that do not allow customers under the age of 18.

The bill still must be approved on a third time by the House on Thursday before it heads to the Senate.

Supporters of the bill argued that it would protect waiters, bartenders and other employees who cannot afford to lose their jobs in a difficult economy. They cited research that showed health problems caused by second-hand smoking.

Rep. Jeff Barnhart, a Cabarrus County Republican, told the story of his father-in-law, who died of lung cancer brought on by working in a smoky office.

Opponents said the ban would hurt a historic mainstay of the state economy, limit individual rights and drive smoking underground.

Rep. Cary Allred, an Alamance County Republican, warned it would lead to "smoking speakeasies."

A similar bill failed narrowly in 2007.

Rep. Jeff Barnhart told a personal story.

The Cabarrus County Republican again shared the story of his father-in-law, who died of lung cancer after working in a smoky office for years. 

He said his father-in-law used to remove his clothes in the garage after he got home because his family couldn't stand how he smelled.

"We can accept the fact that Dan died, we can accept the fact that he had cancer," he said. "But I'll tell you folks, it's really hard to accept why he died." 

Barnhart, whose district includes Philip Morris, choked up briefly during his speech in favor of a smoking ban. He said arguments about smokers' rights ignore the effects on nonsmokers' rights.

"We are fighting for a personal freedom that Dan didn't have," he said. "He did not die because he smoked. He died because someone else wanted their freedom to smoke."

Which legislators have tobacco companies in their districts?

With the General Assembly again considering enacting a smoking ban in restaurants and workplaces, Dome decided to see who represents the tobacco firms.

Alternative Brands, Mocksville:
Rep. Julia Howard, Sen. Andrew Brock

Commonwealth Brands, Reidsville:
Rep. Nelson Cole, Sen. Phil Berger

Lorillard, Greensboro:
Rep. Maggie Jeffus, Sen. Don Vaughan

Philip Morris, Concord:
Rep. Jeff Barnhart, Sen. Fletcher Hartsell

Reynolds American, Winston-Salem:
Rep. Larry Womble, Sen. Linda Garrou

Reynolds American, Tobaccoville:
Rep. Dale Folwell, Sen. Pete Brunstetter

In the 2007 session, Reps. Howard, Jeffus, Barnhart and Womble voted for a smoking ban in public places, while Reps. Cole and Folwell voted against it.

House Majority leader Hugh Holliman held a news conference Thursday morning to push a bill that would ban smoking in bars, restaurants and other public places.

Rep. Jeff Barnhart, a Cabarrus County Republican, said he is supporting Holliman's bill because his father died of lung cancer, Ben Niolet reports.

When the diagnosis came, doctors asked how long he had smoked. Barnhart said his father had never smoked, but had worked for years with people who did.

"I don't wish that on anybody," Barnhart said.

Holliman said that businesses that have gone smoke free have actually enjoyed an increase in patronage.

"There is no safe level of exposure to second hand smoke," said Holliman, a Lexington Democrat.

Lawmakers acknowledged the bill faces a tough fight in the House.

More after the jump.

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Rep. Jeff Barnhart
Cabarrus Republican
Fifth Term

What two things would you cut in the state budget? "We need a performance-based budget" that bases spending on priorities and desired results.

Are there any taxes you would be in favor of increasing? "I don't know. We need to look at everything."

— Lynn Bonner 

Rep. Hugh Holliman has filed the first bill of 2009.

The House majority leader submitted H.B. 2 today, as promised.

The bill's title says it would "Prohibit Smoking in Public and Work Places." No further information was available, but the Lexington Democrat has said he would ban smoking in places such as restaurants and allow local government to pass stricter bans.

It is co-sponsored by Rep. Jennifer Weiss, a Cary Democrat; Rep. Rick Glazier, a Fayetteville Democrat; and Rep. Jeff Barnhart, a Concord Republican.

Barnhart was notable in the 2007 session for being one of the Republicans to crossover in favor of a failed attempt at the ban, despite having a Philip Morris plant in his district.

He gave an emotional speech at the time, noting his father-in-law died of secondhand smoke.

The State Employees Assocation of N.C. announced its endorsements in legislative primary races.

The group, which represents 55,000 state workers, endorsed 13 candidates for the state House and 12 candidates for state Senate through its political action committee.

Seven of the candidates are Republicans: Rep. Jeff Barnhart; House candidates George Shaeffer, Sidney Sandy, Nalin Mehta and Shirley Randleman; and Sens. Fletcher Hartsell and Jim Jacumin.

In two cases, it endorsed candidates running against each other: state Sen. Vern Malone and rival Ann Akland; and Senate candidates Jack Nichols and Josh Stein.

In the House, the PAC also endorsed Reps. Angela Bryant, Edith Warren and Drew Saunders and candidates Robert Richardson, Greg Taylor, Charles Graham, Betty Mangum and Ric Marshall.

In the Senate, it endorsed Sens. Floyd McKissick, Ellie Kinnaird, Katie Dorsett and Steve Goss and candidates Shelly Willingham and Chuck Stone.

"We're happy to be able to support candidates who care about quality public services and the employees who work so hard to make this state one of the best places to live," said PAC chairwoman Paula Schubert in a statement.

Rep. Thomas Wright was on paid leave.

The Wilmington Democrat was one of 15 state lawmakers who were paid for the two-day special session even though they didn't show up for at least one day, according to a story in the Wilmington Star-News.

As per his usual routine, Wright did not return calls to a reporter.

According to the Wilmington Star-News, checks were sent to Wright and Reps. Becky Carney, Jerry Dockham, Phil Haire, Hugh Holliman, George Holmes, Edgar Starnes, Russell Tucker and R. Tracy Walker and Sens. Katie Dorsett, Eddie Goodall, Malcolm Graham, Jim Jacumin and Clark Jenkins.

Reps. Jeff Barnhart and Ric Killian were absent and asked not to be paid. Rep. Karen Ray missed the second day and asked not to be paid for it.

Two lawmakers — Reps. Ty Harrell and Grier Martin — were present, but asked not to be paid anyway.

Correction: The absences are based on final roll-call votes on the second day of the session. Sens. Jacumin, Dorsett and Goodall were in session on Sept. 10, according to votes taken that day. No roll calls were taken in the House on Sept. 10.