Legislative and Policy

Highlighting state and national legislative news, focusing on some of the most important policy issues of the day.

Internet sales tax bill receives bipartisan support

May 16, 2013

Last week, the Senate voted on the Marketplace Fairness Act of 2013, a bill that would require online and mail-order businesses to comply with the same tax withholding requirements as in-state brick-and-mortar businesses.  The bill had strong bipartisan support and was passed by a vote of sixty-nine to twenty-seven in the Senate.  However, the bill may face opposition in the Republican-controlled House of Representatives, since some consider the bill a tax increase. Yet, internet and [...]

Amending North Carolina Rule of Evidence 103

April 21, 2013

Rule 103 of the North Carolina Rules of Evidence contains nearly identical language to the same Federal Rule of Evidence prior to its amendment in 2000.  Originally set to be effective on October 1, 2003, the General Assembly amended former Rule 103 by adding the following language to subsection (a)(2): “Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim [...]

Voter ID Laws – Restoration of Voter Integrity or a Constitutional Violation?

April 15, 2013

With the first super majority the Republican Party has seen in the North Carolina General Assembly in over a century and the lack of a Democratic veto power in the Governor seat, the state is sure to see a change in its political agenda and legislation in the coming years.  Among the proposed legislation, one hot topic in particular has been Bill 589, otherwise known as the Voter ID Bill. The Voter ID Bill was proposed on April 4, 2013, and is a more lenient version of a similar bill that was [...]

Blue Lights to Black Robes? The Problems with House Bill 397

April 8, 2013

 The North Carolina House of Representatives recently filed a controversial bill that would allow superior court clerks, magistrates, sheriffs with at least ten years of experience, and law enforcement officers with 25 years of experience to become District Court judges.  House Bill 397, known as the “Expand District Judge Eligibility” bill, is sponsored primarily by Justin Burr of Albemarle, Jeff Collins of Rocky Mount, and Mike Stone of Sanford.   The bill rewrites Section 22 of [...]

North Carolina Unemployment Reform: A Grievous Blow or a Path to Economic Recovery?

March 12, 2013

In one of his first major acts as governor, Pat McCrory signed into law a bill that will mark a dramatic overhaul in North Carolina’s unemployment system.  The bill, which McCrory signed on February 19, is the second bill he has signed since taking office in January and will go into effect on July 1 of this year. Currently, the unemployment rate in North Carolina is around 10 percent – remaining consistently higher than the national unemployment rate of 8.5 percent. The state’s [...]

Video Sweepstakes Try to Stay Ahead of the North Carolina Legislature

March 10, 2013

 Gambling has long been a problem faced throughout the United States.  Although outright gambling has been banned almost everywhere, new forms of gambling continue to pop up.  One of the more recent manifestations is the advent of the Internet sweepstakes.  Internet sweepstakes have grown in popularity in North Carolina over the last five to ten years, and the North Carolina General Assembly has made repeated attempts to stop the spread and use of these gambling operations.  At its most [...]

Delay Granted to Texas Woman Hours Before Scheduled Execution

February 1, 2013

In 1997, Kimberly McCarthy of Texas was convicted of forcing her way into Dorothy Booth’s home under the pretext of borrowing some sugar, then killing 70-year-old Booth.  McCarthy proceeded to use Booth’s credit cards and attempted to pawn Booth’s wedding ring before she was caught. McCarthy was found guilty of Booth’s murder and sentenced to death by a Dallas County jury in 1998, but the Texas Court of Appeals later overturned her conviction after they discovered she had no attorney [...]

New Jersey Legislators Attempt to Halt “Snookering” Caused by Reality TV

January 23, 2013

Regardless of whether one has fallen victim to the reality television that has taken America by storm since the first episode of “Survivor” aired in early 2000, names such as Lauren Conrad, Ryan Seacrest, and even “Snooki” have become commonly recognized in homes across the nation.  While reality television shows can lead to legitimate fame for some, they can also come with a cost—particularly for towns where these shows are recorded. Many New Jersey citizens recognize their state [...]

More – or Less – at Four: Potential Changes to North Carolina’s Pre-Kindergarten Program

January 3, 2013

The Right to a Sound Basic Education Article I of the North Carolina Constitution asserts that the people of this state have “a right to the privilege of education” and imposes upon the State a duty “to guard and maintain that right.”  Article IX extends the idea further by instilling responsibility in the General Assembly for providing and maintaining free public schools to which all citizens of the State will have equal access.  Though explicitly written into the state constitution, [...]

Orange County Public Smoking Ban to Take Effect in 2013

December 21, 2012

On November 21, Orange County Commissioners voted 6-1 to ban smoking in most public places.  Prior to the vote, the commissioners were presented with two gallon jars that contained more than 6,000 cigarette butts collected on Franklin Street in 2010.  Commissioner Earl McKee cast the only vote against the ban because he believes the ordinance is too broad and represents government overreach. The ban applies to all town or county-owned property, including sidewalks and parks, and also [...]

California Bans Conversion Therapy for Gay Minors

December 8, 2012

Note from the Editors: On December 3, United States District Court Judge William Shubb ruled that the ban on conversion therapy signed into law by California Governor Jerry Brown may violate free speech rights of therapists who oppose homosexuality. Judge Shubb issued an injunction preventing the state from enforcing the ban against the three providers who sued to block the ban.  Judge Shubb wrote, “Even if SB1172 is characterized as primarily aimed at regulating conduct, it also extends [...]

Jackpot! Sweepstakes Cafés in North Carolina and the Debate on Illegal Gambling

November 21, 2012

On October 17, 2012, the Supreme Court of North Carolina heard oral argument in two cases concerning the legality of sweepstakes cafés  – Hest Technologies, Inc. v. State ex rel. Perdue and Sandhill Amusements v. State.  These two cases challenge the constitutionality of North Carolina General Statute §14-306.4 (2011) as an infringement on First Amendment freedom of speech rights of sweepstakes companies doing business in the state. The decision in Sandhill hinges on the resolution [...]
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