A pair of bills that would shorten the length of some prison sentences cleared the House Monday and are headed to the governor's desk.
The bills would reduce sentences for some offenders in order to create more prison space and help reduce the prison overcrowding that is steadily growing.
Republicans scolded Democrats during debate for pushing changes that could trim months or years off some sentences.
"The last thing we want to do is say, 'We want to save some money so we’ll let some people out a little early,'" said Rep. Tim Moore, a Cleveland County Republican.
Democrats responded that the legislation was backed by the state's sheriffs, prosecutors and sentencing commission.
"This is a bill that is trying to balance, in a reasonable way, dealing with the overpopulation of prisons," said Rep. Rick Glazier, a Fayetteville Democrat.
The House voted to send back to committee a bill meant to bring the state's procedure on seating deaf jurors into compliance with federal law.State law has been contrary to the Americans with Disabilities Act because it says deaf jurors cannot be seated as jurors. In practice, the Administrative Office of the Courts has advised judges and other court officials to allow deaf people to remain in jury pools and to have an interpreter assigned to them.
Opponents of the bill, primary lawyers, have expressed concern that the bill could force lawyers to seat a deaf juror.
"if you're going to be in court and you're going to have your case heard, you want to make sure you're being heard," said Rep. Bill Faison, an Orange County Democrat.
Faison said his concern was over whether the change would force a lawyer to use one of their limited supply of peremptory challenges that allow a lawyer to reject a juror for any reason.
Rep. Rick Glazier, a Fayetteville Democrat, said opponents were making much out of a bill that needed to pass.
"This is simply a conforming change that we're required to do since our state has been out of compliance and illegal under the ADA," Glazier said.
More after the jump.
Last week House Speaker Joe Hackney defended his plans to spend some of the week at the National Conference of State Legislatures summit in Philadelphia.
Hackney was one of 10 lawmakers, all Democrats, from the state to register for the summit. Four legislative staff members were registered to go, according to the legislature's controller's office. The state would pay registration, $499 to $625, depending on when the attendee registered. Members were to pay their other expenses.
But on Monday, many on the list to go were not in Philadelphia. Like Hackney, members may move back and forth or just go later in the week, officials said.
The members signed up to go are:
Senate: Dan Blue (D-Raleigh), Charlie Dannelly (D-Charlotte), Katie Dorsett (D-Greensboro), Tony Foriest (D-Graham), Ed Jones (D-Halifax County).
House: Rick Glazier (D-Fayetteville), Hackney (D-Orange County), Phillip Haire (D-Sylva), Larry Hall (D-Durham), Bill Owens (D-Elizabeth City)
Previously: Expenses minimal for NCSL trip to New Orleans.
A bill that would have provided a procedure for judges to deal with deaf jurors led to a debate in the House over whether those who cannot hear should sit on a jury.
The bill would gurantee an interpreter for hearing-impaired jurors.
But some House members questioned whether a such a juror could properly appreciate the nuance of testimony.
"This is one example of taking political correctness too far," said Rep. Ronnie Sutton, a Pembroke Democrat. "We can't have quadriplegics running track, nor do we need to have deaf persons serving on juries."
Rep. Rick Glazier, a Fayetteville Democrat, said hearing impaired jurors have already served in North Carolina trials. Several states have similar laws providing for interpreters in those cases, he said. The bill still allows lawyers or judges to reject a hearing impaired juror.
"A hearing impaired juror who has the capacity to particiapte fairly and impartially ought to be allowed," Glazier said.
Reps. Ruth Samuelson, a Charlotte Republican and Deborah Ross, a Raleigh Democrat, pointed out that deaf people may pick up on subtleties that others miss because they are using different senses. And Ross, said, just because a person can hear doesn't mean would they would be a good juror.
"There may be plenty of people who can hear but don't listen," Ross said.
Opponents to the bill sought to send it to its death in a committee. Glazier successfully avoided that by having the bill delayed until next week.
The House approved by a one-vote margin a bill that would ban bullying against school children for actual or perceived differences including sexual orientation.
The bill passed 58 to 57, and Democrats then voted for a parliamentary maneuver ensuring that none of those voting in favor can change their minds. The result: the bill will be sent to Gov. Beverly Perdue for her signature.
The bill has been bitterly fought. Opponents, particularly Republicans, have said the bill should not name special categories of victims and have said the bill should simply ban all bullying. Supporters, mostly Democrats, have said the bill focuses attention on children who are the most likely targets in schools across the state.
"Don't sit on this floor and talk about how the general policy works to protect children," said Rep. Rick Glazier, a Fayetteville Democrat and co-sponsor of the bill. "None of us should be able to look in the mirror with that fable and say that it's true."
On Tuesday, Republicans tried to amend the bill to include punishments for bullies and for teachers and principals who allow it to happen.
"What we need to identify is not categories," said Rep. Nelson Dollar, a Cary Repubilcan. "We need to identify the bullies and address what they're doing, what they're getting away with."
Good Tuesday morning. The budget haggling formally begins today. Perdue to sign new benefits for slain cops' families. Bullying in committee. Sex Ed on the floor.
BIRTHDAYS: Sen. Doug Berger is 49; Rep. Rick Glazier is 54.
The Senate last night formally rejected the House's $18.6 billion budget, complete with its $780 million in new taxes, so it's deal making time in conference committee. Budget writers from the House and Senate have already begun what will become marathon sessions in a corner conference room on the sixth floor of the Legislative Office Building. Senate Conferees began poring over the House's spending plan yesterday afternoon, receiving stacks of documents still warm from the printer.
The controversial anti-bullying bill, which includes protection for gay students, is slated for a House judiciary committee at 10 a.m. More debate and division related to sex is due in the afternoon when the "Healthy Youth Act," the euphemistic title for the sex education bill, is on the Senate floor calendar.
Gov. Beverly Perdue has scheduled a formal signing in the Old House Chamber in the capitol for a bill providing new benefits for the families of law enforcement officers with 15 years or more of service who died in the line of duty.
OPPORTUNITIES FOR ONE-LINERS: The Commission for Public Health is holding a hearing regarding the definition of solid waste.
House Democrats spent the first hour of budget debate listing the items that proposed taxes would save.
It's been the strategy all along for House Democrats on selling the tax increase: don't say the word "taxes" and name the programs the new revenue would save.
"The most decimating and draconian and dramatic cuts to the school budget can be restored," said Rep. Rick Glazier, a Fayetteville Democrat.
The taxes would spare a proposed increase in the average class size for grades K-3. Fourth grade classes and above would still see an increase of two students. In education, the budget would restore thousands of teaching, staff and assistant principal positions that the House had originally planned to cut.
In Health and Human Services, the taxes would eliminate a child care subsidy reduction, soften a cut to the Smart Start early childhood program and replace funding for a second dose chicken pox vaccine.
The list of restorations begins of page 25 on the document below.
Joe Sinsheimer, the man whose jimblackmustgo Web site helped topple former House Speaker Jim Black, may be having some regrets.
That's what he wrote on Facebook, anyway.
Legislators are considering shaving a few days off the end of the 2009-2010 school year to save money. Rep. Rick Glazier, a Fayetteville Democrat and education budget writer, said those final days are of limited instructional value.
Sinsheimer wrote: "It is really dangerous when someone as well-respected as Rep. Rick Glazier tells us that the last two weeks of school have limited instructional value. Years from now, when the current budget fiasco has passed, these words will be flung into the face of any who lobby for more funds for our schools. Who would have thought that Joe Hackney et al would be leading this. My God, I am starting to miss Jim Black."
Legislators are considering letting school out five days earlier.
Facing a budget crisis, lawmakers are considering cutting the 2009-2010 school year off early and employing fewer assistant principals, teaching assistants and social workers.
A slightly shorter school year would save $100 million. Teachers and other staffers would be furloughed, saving more money.
Rep. Rick Glazier, one of the education budget writers, said the days would come at the end of the year, when students aren't learning as much.
The plan had education lobbyists angry and didn't over well in local district.
The N.C. Association of Educators called it "dangerous and draconian." (N&O)
A bill that would dramatically change how courts consider negligence lawsuits drew sharp debate Wednesday night.
The bill would alter a part of the state tort law that says a person cannot collect any money if they contribute in any way to their injury. The bill would replace that doctrine that allows civil courts to consider the degree to which a person was at fault for his or her own injury. Any judgements awarded would be reduced by that factor.
Rep. Rick Glazier, a Fayetteville Democrat and a sponsor of the bill said a friend of his son's rode home as a passenger in a car driven by an intoxicated person. A car wreck killed the passenger.
"Because he got in the car with him...his family never got a dime," Glazier said. That is unfair. That is fundamentally unfair to every citizen in the state."
Opponents said the bill was an effort to cater to plaintiff's lawyers and that the change is unnecessary. The law could raise insurance rates, opponents said.
"This House has voted this bill down every time since 1983," said Rep. Jim Crawford, an Oxford Democrat.
The bill passed a key vote 67 to 50. It will have to be voted on again before it goes to the Senate.
Update: Later in the session, Rep. Johnathan Rhyne Jr., a Lincolnton Republican, withdrew his objection to taking the final vote on the bill Wednesday. Rhyne said he changed his mind because Glazier agreed to work on some of the oppositions' concerns as it moved through the Senate.
The bill cleared the House 73 to 42 and moves to the Senate.