N.C. Senate goes 6-for-6 on overriding Perdue vetoes

By Gary D. Robertson

RALEIGH N.C.

The Republican-led Senate made quick work Wednesday of Democratic Gov. Beverly Perdue's vetoes by overriding all six returned to the chamber since the General Assembly last left town, including medical malpractice litigation changes and a bill targeting the state's largest teacher lobbying group.

The outcomes of the Senate votes were expected during a General Assembly meeting that wrapped up within an hour. The Republicans have a veto-proof majority in the chamber as long as their caucus stays in line, which it did Wednesday.

"No surprises," said Sen. Tom Apodaca, R-Henderson, the Senate Rules Committee chairman.

The bills, which passed during the Legislature's primary work session this year, won't become law unless House also agrees to override the vetoes. The House met briefly Wednesday but won't take any override votes until July 25. Those votes likely will be close because Republicans need a handful of Democrats to join them to succeed.

The overrides began a two-week work session in which House and Senate members planned to finalize new boundaries of General Assembly districts and those for the U.S. House delegation. Redistricting committee meetings will begin in earnest July 21.

Senate leader Phil Berger, R-Rockingham, said several of the overridden bills were designed to help create a healthy business environment and reduce government red tape and rules.

"We passed jobs legislation, and then the governor vetoes a number of them," Berger said.

In a statement, Perdue said the Senate "made the wrong choices for North Carolina — six times over," but remained "hopeful that the House will take up these issues and make better choices."

Wednesday's override votes revisited a nearly five-month work session that recessed in mid-June in which Perdue issued a record 15 vetoes as partisan philosophies clashed when Republicans took the majority in both chambers for the first time since 1870.

About the only drama Wednesday was whether senators would go ahead and halt the North Carolina Association of Educators from having members' dues deducted directly from paychecks. The bill appeared designed to punish the nearly 60,000-member association, which is a close political ally of Perdue. She called the bill unfair and unconstitutional in her veto message.

Perdue "couldn't write, 'my friends don't like this,'" said the bill sponsor, Sen. Ralph Hise, R-Mitchell, adding that senators needed to decide whether it was appropriate for state government to collect dues for an employee organization.

The association has been critical of Republican legislation and gave money to a political organization supporting Democratic legislative candidates last year.

"This is a bad, vindictive way to treat the educators of this state," said Sen. Charlie Dannelly, D-Mecklenburg, before the override motion passed 30-18.

Other override motions received bipartisan support.

Six Democrats joined Republicans voting in favor of changes in medical negligence cases that would limit awards for malpractice victims to $500,000 for things such as pain, suffering and emotional distress. Bill supporters say the measure would curtail medical malpractice insurance premiums and make North Carolina an attractive place for doctors to relocate.

Perdue is concerned because the law sets a high legal standard to exempt victims of catastrophic injury or death from the limit and said only a small change is needed to satisfy her. But Berger said he doesn't expect such compromises would be struck this month in the interest of keeping narrow the work session's agenda.

The Senate voted unanimously to support restrictions on rule-making by state agencies and to give special judges more authority to resolve disagreements between government departments and citizens. Perdue said the bill appeared unconstitutional, but senators from both parties disagreed with her. The Senate also agreed to override a bill placing restrictions on Medicaid providers that Perdue also said was unconstitutional.

On a more party-line vote, the Senate agreed to override Perdue and direct her to work with the governors of South Carolina and Virginia to lobby the federal government for offshore energy exploration. Perdue said the Legislature was interfering unlawfully with the executive branch by requiring her to enter a compact.

Several dozen conservative activists organized by Americans for Prosperity rallied Wednesday morning behind the Legislative Building to support the override of the offshore energy bill, listening to speakers standing in front of an inflatable oil derrick.

Passing the bill will help create "homegrown jobs and homegrown energy and homegrown prosperity right here in North Carolina," said Dallas Woodhouse, the group's state director.

Environmentalists and others oppose the override because they say it would discourage the expansion of alternative energy sources. Traditional energy-related jobs would take years to generate in the state, said Ivan Urlaub, executive director of the North Carolina Sustainable Energy Association.

"We can create more jobs with clean energy - and our companies can create them now," Urlaub said.

The Senate also voted to override a bill detailing the shift of North Carolina's unemployment insurance agency to another department that Perdue said would have raised business taxes and threatened worker benefits. Sen. Debbie Clary, R-Cleveland, the bill's sponsor, said the Employment Security Commission has the power to suspend policies cited by the federal government — avoiding potential problems — until they could be addressed by the Legislature.

The House also has its own vetoed bills to consider, including abortion restrictions and photo identification requirements for voters. More than 100 elections and civil rights activists held their own rally at the Legislative Building asking lawmakers to let stand Perdue's veto of the voter ID bill because they say it would suppress votes.

"We're worried that Republicans are using their power in the Legislature to manipulate the election system to ensure their victories in the next election," said Bob Hall with Democracy North Carolina, which co-sponsored the rally. "That's not the way to treat voters."