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Override triple play keeps lawmakers on duty late into the night

Budget: Democrats’ flop lets House pass override Racial Justice Act:Bill’s rewrite now replaces 2009 act Fracking: Mistake leads to override to allow drilling tec

By Craig Jarvis, John Murawski and Lynn Bonner
cjarvis@newsobserver.com

More Information

  • House overrides Perdue’s veto of state budget plan
  • Carney's mistaken vote key in fracking override
  • Override triple play keeps lawmakers on duty late into the night
  • Override triple play keeps lawmakers on duty late into the night
  • Read more state and local political news
  • Get the latest political news at our Under the Dome blog
  • The $20.2 billion budget

    • Gives 1.2 percent raises for teachers and state employees and 1 percent cost-of-living increases for state retirees.

    • Adds $212.5 million for growth in Medicaid program.

    • Does not provide enough money to hire probation officers to supervise all newly released prisoners.

    • Provides $39.7 million in monthly stipends to adult care homes for residents who do not qualify for personal care services paid by Medicaid, but whose community placements are not arranged.

    • Limits promotion for third-graders who do not pass end-of-grade reading tests.

    • Caps the state gas tax.

    • Revives the Governor’s School, a summer enrichment program for high school students.

    • Reduces by $143.3 million the amount local school districts must return to the state. Schools will have $190 million less to spend this year.


  • The issues at stake

    FRACKING

    Senate: 29-13

    House: 72-47

    What’s next: The bill becomes law; an Energy and Mining Commission will be set up to create studies by next year and new regulations by 2014. The speaker of the House has already submitted legislation nominating representatives to the new commission, which will also include members appointed by the Senate and by the governor. The commission would be seated within several weeks.

    RACIAL JUSTICE ACT REVISION

    Senate: 31-11

    House: 72-48

    What’s next: The bill becomes law immediately.

    BUDGET

    Senate: 31-10

    House: 74-45

    What’s next: The bill becomes law immediately.


  • About the legislation

    FRACKING

    The legislation begins the process of creating regulations and standards for natural gas exploration by creating an Energy and Mining Commission. The state legislature would take a separate vote, at least two years from now, to approve the final rules and allow energy companies to pull drilling permits. The deadline for rule-making is October 2014, but a number of safeguards are in the bill. They include:

    • A requirement that landowners be paid at least 12.5 percent in royalties from the sale of natural gas extracted from their property. Companies will not be allowed to subtract operating expenses from the royalty payments.

    • A conspicuous boldface disclosure that property owners who lease their mineral rights to gas exploration companies should secure written approval from their mortgage lenders. Some lenders don’t allow subsurface leasing and could demand repayment of the loan if the landowner signs such a lease.

    • Requirement that energy companies test groundwater within 5,000 feet of a drill site both before and after drilling. Any contamination would be presumed to be caused by drilling and fracking, unless the company could prove otherwise by a preponderance of evidence. Companies that damage drinking water and groundwater would be required to truck in or pipe in drinking water to the property owner.

    The bill tasks the Mining and Energy Commission, N.C. Department of Environment and Natural Resources and the Consumer Protection Division in the N.C. Department of Justice to study the state’s 1945 law requiring compulsory pooling of property rights. The current laws would force unwilling property owners to let energy companies drill under their land if enough neighbors sign drilling leases.

    A separate bill would make several small changes to the fracking law. It has passed the House and Senate and now goes back to the House with modifications. It’s set for a vote Tuesday and would extend time for the fracking studies on forced pooling and local government control from Jan. 1, 2013, by eight months to Oct. 1, 2013. It would also give property owners more time – from three days to seven days – to back out of a lease allowing fracking under the property.

    RACIAL JUSTICE ACT

    The revamp of the original act:

    • Limits the use of statistics to the county or judicial district where the crime occurred in order to show the defendant’s race was a significant factor in the prosecution or selection of jurors. That means the race of the victim cannot be considered.

    • Limits the use of statistics to a time frame of 10 years before the offense and two years after sentencing.

    • Says statistics alone are insufficient to prove race was a significant factor in the case.

    • Deletes the current requirement that the governor and Council of State approve the protocols used in executions.

    • Says judges cannot declare cases be tried as non-capital cases if prosecutors don’t request a hearing to make that determination in a timely manner.

    STATE BUDGET

    See the list at the top of this rail.

    Staff writers John Murawski, Craig Jarvis and Lynn Bonner



RALEIGH Republicans ended their historic session on Monday with a triple play of veto overrides, rejecting Democratic Gov. Bev Perdue on natural gas exploration, capital punishment and the budget.

In a drama that played out from the early afternoon late into the night, the General Assembly mustered the votes to bring a decisive conclusion to their agenda, with considerable behind-the-scenes muscling to make it happen.

But at least one of the successful override votes – on the natural gas exploration, or fracking, bill – was the result of an error by a Democratic lawmaker who pushed the wrong button, and a GOP maneuver prevented her from changing it and gave them a one-vote margin of victory.

Rep. Becky Carney, a Democrat from Mecklenburg County, pushed the wrong button and a GOP maneuver by Wake County Rep. Paul “Skip” Stam prevented her from changing it, giving the GOP a one-vote margin of victory.

‘It was a huge mistake,” Carney said afterward. “I take full responsibility.”

Democrats denounced Stam’s quick parliamentary maneuver as a dirty trick that resulted in the passage of a landmark energy overhaul that could create a natural gas production industry in the state.

“I am shocked and profoundly disappointed,” said Guilford County Democrat Pricey Harrison. “First the Speaker cut off debate, which is unfortunate with such an important piece of legislation with serious implications for North Carolina. Then to pass the override by accident and to clinch it with a procedural move is grossly unfair. We have two seriously ill Democratic members and two others with dying parents who have stuck around to help fight these vetoes.”

Democrats came to Carney’s desk to console the legislator, who wept after she realized her mistake.

“They really did not have the votes to pass it,” Harrison said of the Republican veto override effort. “The atmosphere is toxic right now.”

The final hours of the session amplified the energy of the conservative takeover of the General Assembly that began with the arrival of a Republican majority in both chambers in 2011 for the first time in more than 140 years. Their clash with the governor produced 19 vetoes and – so far – 11 overrides.

On Monday night intense deal-making went on in the House, where a handful of Democrats were wooed before the finishing touches were put on a bill making late additions to the budget, potentially offering benefits to their districts.

Rep. Pricey Harrison, a Democrat from Guilford County, said during an evening recess some members of her party were concerned because they are vulnerable in upcoming elections.

“There’s been a lot more wheeling and dealing from our caucus members than I would have anticipated,” she said.

The day saw odd alliances of political foes crossing party lines, including a Wake County Democrat and a Guilford County Democrat joining House Republicans on the budget vote.

Earlier, the “gang of five” conservative Democrats in the House joined forces with the GOP to once again to thwart the governor and their own party. It took all five of them to override the rewrite of the Racial Justice Act in order to counter the defection of Republican Rep. Glen Bradley of Youngsville, who occasionally finds himself at odds with the GOP caucus and voted not to override.

The day also saw Lt. Gov. Walter Dalton’s unexpected break with the governor just before the Senate took up the natural gas drilling bill. The Democratic candidate for governor announced that he disagreed with Perdue’s veto on Sunday.

Dalton, in an interview, said he had concerns about groundwater safety but he was relying on state environmental officials who said it could be done safety.

He said he was reassured because the legislature would still have to give final approval to begin fracking.

Working late

Republican lawmakers worked into the night trying to round up enough votes to override Gov. Bev Perdue’s veto of the fracking legislation. Finally, at about 11 p.m., the House called for a vote, which just reached the three-fifths majority needed, 72-47.

But Rep. Becky Carney, a Democrat from Charlotte, could be heard on the House audio system saying she was trying to change her vote, having hit the wrong button. House Majority Leader Paul “Skip” Stam of Apex cut her off with a legislative procedure to prevent changing votes.

The bill was expected to live or die on a razor-thin margin, possibly hanging on a single vote. The legislation is regarded by Republicans as a landmark legislation that would reshape the state’s energy landscape by clearing the way to the creation of a natural gas production industry.

Rep. Mitch Gillespie, a McDowell County Republican, said that as of 9:30 p.m. Republicans were several votes short but he expected that straggling Democrats could be convinced to vote against Perdue’s veto. Republicans had spent much of the day courting, cajoling and hectoring undecided Democrats to switch sides and join the Republicans.

Harrison said the Republicans had needed at least six Democrats to switch sides.

Rep. Marcus Brandon, a Guilford Democrat, said he was one of the Democrats targeted by the anti-veto drive because even though he voted against the fracking bill on June 21, he thought it was a good piece of legislation.

“That’s why they were working with me,” said Brandon, adding that he was inclined to stick with the governor.

Budget veto override

The legislature passed its $20.2 billion state budget over Perdue’s objections, with the state House voting 74-45 Monday night to override her veto. The Senate followed, voting 31-10 to override.

This is the second time in two years that the Republican-controlled legislature has handed Perdue a budget defeat with the help of a handful of House Democrats.

Perdue tried to use her veto to push Republican legislators to the negotiating table. In the last week, she proposed shifting $100 million legislative budget writers had set aside in reserves or using cash she described as surprise revenue to go to schools, parole offices, eugenics victims, and to prepare for the November elections.

Republicans could have negotiated with Perdue, made sure they had enough House Democrats to do what they wanted without her approval, or left with the budget they passed last year in place. In the end, they convinced enough Democrats to join them in a veto.

“I’m not crazy about (the budget) ... we think the modifications we’ve made improve it, but if she’s not liking those modifications and we’re not able to override, we have a budget for the second year,” said Senate leader Phil Berger.

Perdue tried to convince five of the six House Democrats who had been voting for the Republican budget to stick with her. But it was Democratic Reps. Darren Jackson of Wake County and Marcus Brandon of High Point who made surprise breaks.

Jackson said he was worried the Senate would go home without negotiating, and that state employees in his district would be laid off from their jobs.

The legislature writes a two-year budget when it convenes in odd-numbered years. In even-numbered years, it returns to Raleigh to update the plan for the second year.

The budget leaves local school districts in worse shape than Perdue wanted, but they are assured that their budget cuts won’t be as deep as they would have been under the unchanged version of the two-year budget.

Schools and raises

The budget allows school districts to keep more of their state funds rather than returning them to the state treasury, but school districts will still have $190 million less to spend this year.

Teachers and state employees will receive 1.2 percent raises.

The state Senate was intent on ending the session before dawn Tuesday, and the threat they would leave hung over House Democrats.

Rep. Rick Glazier, a Fayetteville Democrat, called the Senate bullies.

“The bully speaks and the other body acts in fear,” Glazier said. “What a horrible precedent we set.”

Democrats voting for the budget were Reps. Jackson, Brandon, William Brisson of Bladen County, Jim Crawford of Granville, Dewey Hill of Brunswick and Marian McLawhorn of Pitt. Rep. Susi Hamilton of New Hanover did not vote.

RJA veto override

The override votes began about 1 p.m., when the Senate voted 31-11 to knock down the governor’s veto of the revamped Racial Justice Act. About an hour and a half later, the House followed suit with a 72-48 split.

The Senate vote was along party lines, but in the House five conservative Democrats swung the deal, resisting a last-minute campaign by death penalty opponents to stick with the governor. They were Brisson of Bladen County, Crawford, Hill; Rep. Bill Owens of Camden; and Rep. Timothy L. Spear of Washington.

Before the Senate vote, the Rev. William Barber, president of the North Carolina chapter of the NAACP, said there would be a legal challenge if the veto was overturned.

“It’s a shameful day in a Southern legislature that ultra-conservative Republicans assisted by a few Democrats would lead North Carolina backwards rather than forward,” Barber said.

Sen. Thom Goolsby, a Republican from Wilmington, on the Senate floor answered Racial Justice Act supporters’ call to trust judges deciding those claims. He said he trusted the judges, juries and lawyers.

“Who I don’t trust are statisticians – people who come in after the fact,” he said. “People who get cold-blooded, deliberate murderers off their death penalties.”

The bill was the second attempt by Republicans and the state’s prosecutors to undo the Racial Justice Act, which allowed death-row inmates to petition to reduce their sentences to life without parole by using statistical proof of racial bias in their prosecution, sentencing or jury selection.

Last year the General Assembly passed a bill that would have gutted the Racial Justice Act, but the governor vetoed it. The Senate overrode the veto but the House didn’t have to votes to try.

Staff writers Austin Baird and John Frank contributed.

Jarvis: 919-829-4576

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