Legislative Update from Rep. Frank Iler – June 15, 2015

Last a week in the North Carolina House of Representatives we honored legendary UNC basketball coach Dean Smith, we passed a controversial bill on zoning and aesthetic control by towns, and we voted to override the Governor’s veto on the magistrates’ recusal bill.

The weather in Raleigh got hotter as the days wore on. The debate in the NC House also heated up as the days wore on. We started the week with bills we all could agree on, and finished with a shocking override vote.

There were many local bills that came up early in the week. We usually support local bills assuming the representatives from that area know their needs the best. One other bill we could all agree on was House Joint Resolution 670 – Honor Dean E. Smith. The debate centered on many stories from representatives on the impact that Coach Smith and Carolina basketball had on them. One representative had actually played a short time on a JV team for the legendary coach. Of course, it passed unanimously 116 – 0.

A somewhat controversial bill, Senate Bill 25 – Zoning/Design and Aesthetic Controls, came up for debate and a vote on Tuesday. Most of the debate concerned whether towns could control the color paint, siding, and other aesthetic features in the design of houses inside of their town limits. It is thought that many towns are overstepping their authority in this area, and this was an attempt to give the property owners more rights. The towns still have zoning power, but not as much power in the appearance or aesthetics. My concern was that the towns could not control the number of bedrooms in a house. Oak Island has recently denied a permit to an owner that wanted 15 bedrooms in a single house. I asked this question on the floor. What I found out is that the town can still control the square feet in the house, even though they can’t control the number of bedrooms. Satisfied that this would allow them the control needed, and liking other parts of the bill, I voted for it. It passed the House on a vote of 98 – 17.

Things got really exciting in the early session at 10:00 a.m. Thursday. Senate Bill 2 – Magistrates Recusal For Civil Ceremonies had been on the calendar all week, in case the Speaker thought we had enough votes to override the Governor’s veto. It takes three-fifths or sixty percent of those present and voting to override a veto. This bill allows a magistrate who objects to same-sex marriages on religious grounds to recuse him or herself from all marriages for six months. Previously, they faced termination for refusing to perform these marriages. Right at the beginning of the early session, it appeared that fewer than the 120 members were in the chamber, and the majority whip seemed confident the votes were there. The Speaker called for the vote, and after brief debate the question was called. The vote was 69 – 41, with 110 members voting. So, the veto was overridden with more than sixty percent, and the bill became law.

This week we expect the Senate will complete their version of the state budget for 2015-2017, and send it back the House for concurrence. We expect that we will not concur, and the negotiations will begin on the differences between the two budgets.