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Tag Archives: NC General Assembly

North Carolina court: GOP can narrow governor’s appointment powers on some boards

North Carolina court: GOP can narrow governor’s appointment powers on some boards

By GARY D. ROBERTSON Associated Press

RALEIGH, N.C. (AP) — Decade-long political quarrels over legislative and executive powers in North Carolina advanced Wednesday as a state appeals court permitted the Republican-controlled General Assembly to chip away at the Democratic governor’s appointment authority for several key commissions. The judges also said lawmakers went too far remaking other boards.

A state Court of Appeals panel upheld the composition of four of the seven boards approved by lawmakers in 2023 but later challenged by then-Democratic Gov. Roy Cooper. The four address policies for the environment, fishing and hunting and residential building codes in the ninth-largest state. But the judges struck down the composition of three that approve transportation policy, public health rules and select economic incentive recipients.

“The majority’s well-reasoned opinion recognizes the breadth and limitations of the General Assembly’s power to alter the Executive Branch’s own powers,” Court of Appeals Judge Tom Murry wrote in a separate opinion agreeing with the conclusions of the two other judges who also heard the case.

Wednesday’s decision marks the latest ruling from several lawsuits filed since 2016 by Cooper and successor Democratic Gov. Josh Stein. They’ve opposed laws designed to erode gubernatorial powers in a state where Democrats have been governor in 28 of the last 32 years and Republicans have controlled the legislature since 2011.

Results on litigation ranging from state elections board control to Cabinet appointee confirmations and choosing the Highway Patrol commander have been mixed. Lawmakers even tussled in the 2010s over appointments with then-GOP Gov. Pat McCrory.

The ruling provided a slightly more favorable outcome for Stein — now the lawsuit plaintiff — compared to the early 2024 rulings of three trial judges who upheld the composition of five of the seven boards challenged. The Court of Appeals panel disagreed with the lower judges, however, by also striking down the makeup of the Commission for Public Health.

The North Carolina Constitution says the governor “shall take care that the laws be faithfully executed.” The governors’ lawyers have argued that means he needs enough supervision of executive branch commissions so that he can control them — which they say means appointing a majority of members.

Republican legislative leaders counter North Carolina has other elected executive branch officials for whom the General Assembly can approve duties — and that’s what they’ve done by giving certain Council of State members appointment powers while the executive branch retains board control. The all-Republican Court of Appeals panel — Murry and Court of Appeals Judges Jeff Carpenter and John Tyson — agreed with the GOP leaders here.

For three of the four boards whose compositions were upheld, the insurance commissioner or agriculture commissioner were granted appointment duties as the governor lost some. In each — the Environmental Management Commission, Wildlife Resources Commission and Coastal Resources Commission — “the executive branch holds majority-appointment power,” Carpenter wrote in the majority opinion. The appeals judges also upheld the makeup of a newly created Residential Code Council in which the governor would still make a majority of appointments.

Meanwhile, the appeals judges agreed the lower court was correct striking down laws giving the General Assembly or its leaders the ability to appoint a majority of Board of Transportation and Economic Investment Committee members. The governor has previously chosen majorities in both. The proposed composition of the Commission for Public Health — also thrown out — would give the governor five of 13 appointments.

Spokespersons for Stein and top GOP legislators didn’t immediately respond to emails Wednesday seeking comment. Registered Republicans hold five of the seven state Supreme Court seats.

Earlier this year, state appeals courts permitted for now a state law to take effect that shifted the power to appoint State Board of Elections members from the governor to the state auditor, who is a Republican. And while trial judges struck down in June as unconstitutional a law that placed some limits on whom the governor could choose to fill appeals court vacancies, the panel let stand provisions taking away Stein appointments from two commissions.

North Carolina effort wipes out $6.5B in medical debt for 2.5M people

North Carolina effort wipes out $6.5B in medical debt for 2.5M people

RALEIGH, N.C. (AP) — Officials say a North Carolina government initiative is eliminating over $6.5 billion in medical debt for more than 2.5 million residents. The totals released Monday exceed initial expectations for the effort announced last year. It offered hospitals extra Medicaid funds if they relieve patients’ debt and implement policies to prevent future liabilities. Democratic Gov. Josh Stein said word of the debt relief is “life-changing news for so many families” struggling with the financial weight of unexpected medical crises. Hospitals are already letting many patients know about their debt relief. A nonprofit group helping in the project is sending more than 250,000 notices this week.… Continue Reading

North Carolina Gov. Stein signs stopgap budget bill and vetoes opt-in bill helping school choice

North Carolina Gov. Stein signs stopgap budget bill and vetoes opt-in bill helping school choice

RALEIGH, N.C. (AP) — North Carolina Gov. Josh Stein has signed a stopgap spending measure as lawmakers remain stuck in a budget impasse. But he also vetoed a bill Wednesday that would otherwise sign off on state involvement in a federal tax credit program to boost school-choice options. Stein criticized the spending plan for not providing enough pay raises or covering increased Medicaid expenses. The new law includes funds for state construction projects and employee benefits. The tax-credit program bill approved by Republicans seeks to opt in to the financial benefits within President Donald Trump’s new law for donations to K-12 scholarship organizations.… Continue Reading

North Carolina Gov. Stein signs stopgap budget bill and vetoes opt-in bill helping school choice

North Carolina Gov. Stein signs stopgap budget bill and vetoes opt-in bill helping school choice

RALEIGH, N.C. (AP) — North Carolina Gov. Josh Stein has signed a stopgap spending measure as lawmakers remain stuck in a budget impasse. But he also vetoed a bill Wednesday that would otherwise sign off on state involvement in a federal tax credit program to boost school-choice options. Stein criticized the spending plan for not providing enough pay raises or covering increased Medicaid expenses. The new law includes funds for state construction projects and employee benefits. The tax-credit program bill approved by Republicans seeks to opt in to the financial benefits within President Donald Trump’s new law for donations to K-12 scholarship organizations.… Continue Reading

North Carolina governor vetoes another set of bills, including one on guns in private schools

North Carolina governor vetoes another set of bills, including one on guns in private schools

RALEIGH, N.C. (AP) — Democratic Gov. Josh Stein has cleared his desk of the last of the legislation passed to him from the North Carolina General Assembly this legislative session. The governor vetoed three of the bills Wednesday. One of the vetoed bills would allow certain people to carry firearms on private school property with permission from certain school administrators. Stein says the bill would make children less safe. Republican proponents say the bill would help private schools in rural areas. The two other vetoes deal with nonprofit donor information and removing unauthorized people from residential property. Possible veto override attempts could occur starting later this month.… Continue Reading

North Carolina redistricting trial begins, with racial gerrymandering allegations the focus

North Carolina redistricting trial begins, with racial gerrymandering allegations the focus

WINSTON-SALEM, N.C. (AP) — North Carolina congressional and legislative districts drawn by Republicans in 2023 that helped them retain majorities in Raleigh and Washington are in court. A trial began Monday in two federal lawsuits filed by voters and advocacy groups that accuse mapmakers of illegally eroding Black voting power while enacting lines that aided GOP electoral prospects. The lawsuits claim that lines are so skewed that many Black voters lack the ability to elect their preferred candidates. Republicans counter that they used no race-based data in developing the plans. The trial won’t end until next month. North Carolina has a long history of redistricting litigation and related landmark decisions.… Continue Reading

Permitless concealed carry in North Carolina faces uphill battle after some GOP pushback

Permitless concealed carry in North Carolina faces uphill battle after some GOP pushback

RALEIGH, N.C. (AP) — North Carolina legislators have given final approval to a bill allowing eligible adults to carry a concealed handgun without a permit. However, the legislation faces a handful of challenges before it can become law. A likely veto from Democratic Gov. Josh Stein is the first. Republicans also lack a supermajority in the House that allows them to override the governor’s vetoes. A few Republican House members also joined in with Democrats to vote against the bill Wednesday. If passed, North Carolina would become the 30th state in the country to allow the concealed carry of a handgun without a permit.… Continue Reading

North Carolina Republicans already seek to tighten up 2024 immigration enforcement law

North Carolina Republicans already seek to tighten up 2024 immigration enforcement law

RALEIGH, N.C. (AP) — North Carolina Republicans managed just last fall to enact their long-sought policy ordering local sheriffs to cooperate with federal agents seeking to locate and deport certain jail inmates. Some GOP members already want it tightened further. The GOP-controlled state House approved a measure Tuesday that would subject people accused of more categories of crimes to inquiries about their immigration status. The bill also would make clear that jail officials must contact federal immigration agents if they’re holding someone. Vetoes by then-Gov. Roy Cooper meant Republicans took five years to pass the initial law. The proposed upgrade comes as President Donald Trump pushes an immigration enforcement crackdown nationally.… Continue Reading

North Carolina judges weigh GOP law shifting election board control away from Democratic governor

North Carolina judges weigh GOP law shifting election board control away from Democratic governor

RALEIGH, N.C. (AP) — North Carolina trial judges will soon rule if legislative Republicans’ latest method to attempt to wrest control of the State Board of Elections from a Democratic governor is lawful. A three-judge panel listened to arguments Monday in a lawsuit filed by Gov. Josh Stein against GOP lawmakers. A law approved last year and taking effect soon would give board appointments to the state auditor. Republican Dave Boliek is now the auditor. The legislature has sought to erode or eliminate a governor’s authority to appoint the board for nearly a decade. At least four laws have been blocked and a constitutional amendment was defeated. Any ruling will assuredly be appealed.… Continue Reading

Proposed bill could remove thousands of books from NC public schools

Proposed bill could remove thousands of books from NC public schools

RALEIGH, N.C. (WPTF) – Lawmakers in Raleigh are rolling out a bill that could affect what students can read in school. The bill will require the removal of books from public schools that contain material that is “harmful to minors” including material that “depicts or describes sexual activity.” State Rep. Neal Jackson (R-Moore, Randolph) says the bill is about protecting children from accessing inappropriate material based on their age.… Continue Reading

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