NC Senate approves 20 bills in final votes before crossover deadline
North Carolina Legislative Building (Photo: Clayton Henkel)
The North Carolina Senate passed 20 bills Wednesday afternoon in its final series of votes prior to the General Assembly's Thursday crossover deadline, after which only bills that have passed at least one chamber can be considered.
Among the higher profile measures approved were bills that would allow carrying concealed firearms in private schools, protect parents who do not affirm their child's trans identity, and provide financial support to farmers.
The Senate also passed a pair of measures responding to the devastation wrought by Hurricane Helene, targeting the theft of mobile homes during states of emergency and relaxing requirements for flood repairs. And it approved a bill granting the Catawba Nation many of the same state-level rights afforded to the Eastern Band of Cherokee Indians.
These measures head to the House for further consideration. The Senate will return Thursday for a non-voting session as the House finishes its crossover business. Note: NC Newsline will publish a comprehensive rundown of House and Senate crossover week action on Friday.
Lawmakers passed a proposal to authorize employees and volunteers at nonpublic K-12 schools to carry concealed firearms on educational property.
Senate Bill 280, titled the 'Private School Security Act,' would allow school administrators to give consent to employees and volunteers to possess handguns and stun guns on school grounds, with written notice to parents. The individuals would need to acquire a concealed carry permit and complete additional training.
The bill would also allow anyone with a permit to concealed carry firearms at religious ceremonies held on the grounds of private schools, including weddings, funerals, and worship services. It's one of many measures related to gun safety this session, a number of which seek to okay the possession of weapons and other self-defense implements in schools.
'The Private School Security Act is a voluntary solution to protect North Carolina's private school students in a world where threats demand actions,' said sponsor Sen. Steve Jarvis (R-Davidson).
The chamber voted to pass a technical amendment to the bill and blocked four amendments proposed by Democratic senators, among them proposals to restrict the bill to veterans and current and former law enforcement officers and a provision that would prevent schools from making concealed carry permits mandatory for employment.
Senators also rejected an amendment offered by Senate Democratic Leader Sydney Batch (D-Wake) that would have screened employees against a state 'Responsible Individuals List' that tracks adults found responsible for abuse and severe neglect, a proposal that had received a positive reception from the bill sponsors in committee.
'There are individuals who, if given the ability to have a gun, would then use that in very inappropriate ways,' said Batch, a child welfare attorney. She cited the case of a girl in middle school who she represented in court who was sexually abused by her teacher. 'If he had a gun, how much more dangerous would that have been?'
Sen. Buck Newton (R-Greene, Wayne, Wilson), a lead sponsor of the bill, said the proposal was 'just not workable' because schools do not currently have access to the list. Batch responded that her proposed amendment would have granted schools access to the list.
'I think a number of the colleagues at least in my caucus would have supported passing this bill, because we care about the children that are in all of our schools, private or public,' she said.
The Senate enacted a bill preventing parents and guardians who deny their trans child's gender identity from facing abuse or neglect designations.
Senate Bill 442, dubbed the 'Parents Protection Act,' alters statutes concerning child abuse and neglect to specifically exclude conduct described as raising a child 'consistent with the juvenile's biological sex' and prevents adoptive parents from being screened based on whether they would deny their child gender-affirming care.
'It protects parents who care for their children without the threat of losing supervision over that child because the parent refuses to affirm the gender identity of a child who is experiencing gender dysphoria,' said Sen. Amy Galey (R-Alamance), the bill's lead sponsor. 'Second, the bill shields parents who refuse to affirm gender transitioning from prosecution.'
Senators deleted a section of the bill that would have barred state agencies from considering whether prospective foster parents would affirm a trans child's identity, however, after the proposal proved controversial in committee.
'There were concerns raised about including children in the foster care situation in this bill. We acknowledge that the foster children are some of the most vulnerable people in the state, and we do not want to do anything that might make it difficult to place them,' Galey said. 'We may revisit this provision in the future.'
The chamber rejected a pair of proposals by Sen. Lisa Grafstein (D-Wake) that would have extended the same protections to parents who validate their trans child's identity and banned gender conversion therapy, respectively. She cited Texas Gov. Greg Abbott's call for abuse investigations into parents who provide their children gender-affirming care as cause grounds for safeguarding their rights in North Carolina.
'The fact of being LGBTQ is just merely a fact, and it's inherently part of the human experience,' Grafstein said. 'Things that become abuse or neglect of their LGBTQ children or foster children, that must not be tolerated.'
The chamber voted to approve a bill aiming to prevent what its sponsors characterize as discrimination in lending to farmers.
Senate Bill 554 or the 'Farmers Protection Act' would bar banks and credit unions from denying loans to agriculture producers based on their lack of a commitment to ESG — environmental, social, and governance factors.
Though sponsors provided no examples of North Carolina farmers who have been impacted by such practices, they argued that some lenders might condition loans based on whether a recipient is taking action to reduce greenhouse gas emissions from the use of fertilizer or fossil fuel powered machinery.
The bill faced significant vetting in the Senate Judiciary and Agriculture Committees, according to primary sponsor Sen. Buck Newton.
'The bankers are neutral, so I know of no outright opposition to the bill,' Newton said.
During a committee hearing for the House version of the bill, Mark Swallow from Democracy Out Loud testified that climate change would harm farmers more than financial discrimination, but lawmakers were not swayed.
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At the heart of the disagreement between Harmon and election officials is a significant and controversial loophole in state campaign finance law. It allows politicians to collect contributions above state limits if any candidate in the race in which they are running — themselves or an opponent — reports reaching a 'self-funding threshold' in which they have given or loaned their campaign funds more than $250,000 for statewide races and more than $100,000 in races for the state legislature or local offices. Originally described as a method allowing a candidate to compete against a wealthy self-funded opponent or to counter a well-funded opposing group's independent expenditures, the loophole has instead become a way for candidates — even if they face no opposition — to accept unlimited contributions by purposely breaking the limits themselves. Harmon, who sponsored the earlier law, has repeatedly done that himself, giving or loaning his campaign fund more than $100,000 — sometimes by just a single dollar — to trigger the so-called 'money bomb' loophole. Harmon did it again for the 2024 campaign season when, in January 2023, he gave his state Senate campaign committee more than $100,000 even though he was not running for office last year. While members of the Illinois House are up for election every two years, state Senate seats have one two-year term and two four-year terms every 10 years. In paperwork filed with the state elections board, Harmon indicated the move allowed him to keep collecting unlimited cash through the November 2024 election. However, board officials informed him that the loophole would be closed after the March 2024 primary. Still, from the March 2024 primary through the end of that year, state records showed his Friends of Don Harmon for State Senate campaign committee collected more than $8.3 million, nearly half of which the state board has now said was over the campaign contribution limits. In appealing the board's case, Harmon's campaign fund acknowledged that, if it loses, it could be subject to a penalty of up to $6.1 million — a figure based on the 150% of the amount the board deems a candidate willingly accepted over the limits — as well as a payment of nearly $4.1 million to the state's general operating fund. Such a massive penalty, however, is unlikely. Politicians frequently challenge the board, and negotiations can result in final fines that are a fraction of the potential penalty. And if Harmon wins the appeal before the elections board, he could end up paying no penalty. In a Tribune interview last week, Harmon defended his eleventh-hour attempt to change state law with a clause that could have eliminated his elections board dispute and potential fine. He said the language he sought to insert in the statute was 'existing law.' But that is Harmon's interpretation of 'existing law,' not the elections board officials'. 'A fundamental notion of campaign finance law is that House candidates and Senate candidates be treated the same,' Harmon told the Tribune. 'The state board staff's interpretation treats House candidates and Senate candidates fundamentally differently.' When pressed on the political optics of his move, Harmon said the new clause 'was just intended to call attention' to differences in the way the board addresses House and Senate candidates. 'We'll revisit the bill after we win the case,' Harmon said, adding, 'We're going to proceed with the case under the law as written.' Welch acknowledged it was a backlash among his House Democrats over the Harmon-backed provision that resulted in the overall bill never advancing. 'I did inform (Harmon) after our caucus that we didn't have support for that, and if a bill came over with that in it, we would not take it,' Welch told the Tribune. Good-government advocates, stymied on key proposals again this spring, were taken aback when the Harmon clause appeared late in the session. 'I thought I'd seen everything, but I was shocked to see it in the bill,' said Alisa Kaplan, executive director of Reform for Illinois. 'It clearly would have changed the law, but it was framed as just a clarification of existing rules so it would apply retroactively to Harmon's case. And it was buried in an enormous omnibus bill … at the last possible minute to minimize discussion. 'Just a breathtakingly cynical use of legal language and procedure,' Kaplan said, adding: 'It's bad enough that legislative leaders regularly abuse the self-funding loophole. We should be closing the loophole, not blowing it wide open for even more opportunities for pay-to-play politics and corruption.' The two-sentence clause Harmon backed would have generally expanded the period that a senator in a four-year term who breaks the caps can keep them off. But the second sentence in the Harmon clause caused the uproar on both sides of the aisle: 'This amendatory Act of the 104th General Assembly is declarative of existing law,' phrasing many lawmakers interpreted to mean that, if passed, could have eliminated Harmon's election board dispute. Sen. Jil Tracy, a Quincy Republican, called the clause 'mind-blowing.' 'The language was brazen,' she said. 'My initial reaction was shock. I couldn't believe the majority would be that brazen.' She said she learned of the clause in the waning hours of the legislative session when a legal staffer told her the proposal would erase Harmon's case before the board. 'That bill would have condoned and made it appropriate to go beyond what the election code allows and to supersede the limits and create a path (to) interpret what President Harmon had done was OK,' said Tracy, a former assistant attorney general who served under both former Republican Jim Ryan and Democrat Lisa Madigan, the former speaker's daughter. 'He still argues what he did was OK, but why do a bill?' asked Tracy, a member of a Senate subcommittee on ethics. At an unrelated appearance in West Chicago on Thursday, Pritzker sought to vouch for Harmon while he said that he and his fellow Democrats in Springfield have sought to clean up a state with a culture of corruption. 'I know that the Senate president doesn't have any intention other than to make the law better,' he said. At the same time, the governor acknowledged he didn't 'know enough about the violations that have been alleged.' Another provision that raised eyebrows in the Harmon-backed legislation would have allowed statewide elected officials and state lawmakers running for federal offices to hold fundraisers on session days and the day before, as long as they're held outside of Sangamon County, which includes Springfield. A statewide ban on such fundraisers was a provision in the 2021 ethics law touted by Pritzker and other top Democrats. The new provision would have benefited Lt. Gov. Juliana Stratton, Pritzker's two-time running mate who's running for U.S. Senate, and a handful of state legislators who've declared their candidacies for the U.S. House. The candidates also would have been able to transfer money raised on session days for their federal campaigns into their state accounts, as long as they adhered to state contribution limits. Welch, Harmon and Pritzker's office all said they didn't know the origin of the language, which was presented in a brief committee hearing late on the final day of session as an attempt to align state law with rules governing fundraising for federal candidates. But West, giving the overall package its only public airing, couldn't explain how leaving a restriction in place only for Springfield's home county would pass legal muster. There was a feeling that it would be more ethical to keep in-session political fundraisers 'as far away from the state Capitol as possible,' West said. But Rep. Carol Ammons, an Urbana Democrat, called the provision problematic, saying: 'I don't know what difference it makes what county you're in. If you're fundraising while we're in session, you're fundraising while we're in session.' .