Published on Tuesday, April 24, 2007

_ Senate approves pension forfeiture by convicted officeholders

_ House committee agrees to witness lineup rules

_ Adults could get second chance on crimes of youth in Senate bill

_ House health committee approves vaccine bill targeting preservative

_ Health and human services budget draft expands mental health funding

_ Stam wants House Republican to block extending "temporary" taxes

THE BRIEF:

PENSION PENALTY: The Senate unanimously approved a bill that requires elected officials to forfeit state pensions if they are convicted of election or corruption felonies relating to that office. The measure would only affect retirement pay stemming from the office the person holds at the time of the offense, so that a former teacher or agency employee would keep retirement benefits accrued from that employment, sponsor Sen. Tony Rand, D-Cumberland, explained. The bill, which now goes to the House, was inspired by a number of recent cases involving state lawmakers, including the corruption pleas entered this year by former House Speaker Jim Black, D-Mecklenburg.

WITNESS LINEUPS: Law enforcement agencies would have to follow new rules for identifying crime suspects in legislation approved by a House judiciary committee. The "Eyewitness Identification Reform Act" would require police to meet certain procedures for conducting a lineup. That's when a crime witness looks at photos or at live people behind a glass window and tries to identify the perpetrator. Academic studies and criminal cases have shown eyewitness identification isn't as reliable as once believed. The rules have been taught to police investigators in recent years but they aren't mandated for use. Prosecutors like the rules but are concerned whether small or rural law enforcement agencies have the resources to meet the requirements. The bill now goes to the full House.

EXPUNGING RECORDS: A Senate judiciary panel agreed to give adults convicted of nonviolent felonies at ages 16 and 17 a chance to have those crimes removed from their records. The bill lays out the method in which supporters envision offenders who made a one-time youthful mistake can have their convictions removed so that it would no longer show up in their criminal background checks. The bill has been altered to assuage the concerns of prosecutors and sheriffs worried it was too broad and could hide too many severe crimes. The updated measure gives judges more discretion in collecting information before deciding whether to delete a conviction. The bill now goes to the Senate Finance Committee for consideration.

MERCURY IN VACCINATIONS: The House Health Committee recommended a bill that would require vaccines administered to children be free of a mercury-based preservative or have only trace amounts. The measure targets thimerosal, which is at the center of a tug-of-war between autism prevention advocates and public health officials. Thimerosal is no longer in most vaccines and is used in multi-dose vials of the flu vaccine. Parents of autistic children blame thimerosal for harming developmentally disabled children. A 2004 report by the Institute of Medicine determined no causal link between thimerosal and autism. The bill passed after two doctors told the committee Tuesday that the requirement could actually reduce overall immunization rates by reinforcing the idea that vaccines are bad. The bill now goes to the House Appropriations Committee.

HUMAN SERVICES BUDGET: House health and human services budget-writers rolled out a draft spending proposal that would boost public health and mental health programs in part by holding back on inflationary spending increases for Medicaid services. The health appropriations subcommittee discussed the draft and could vote later this week on their portion of the budget for the next two years. Rep. Verla Insko, D-Orange, one of the co-chairmen, said the extra money for mental health is needed to keep the mentally ill from winding up in jails and hospital emergency rooms by providing them services instead. The proposal could be voted on later this week as House leaders try to pass a state budget next week.

REPUBLICANS ON TAXES: House Republican Leader Paul Stam, R-Wake, said he wants his fellow GOP members to vote against any legislation that would permit two kind of taxes set to expire this year to remain on the books. Last year, the General Assembly began phasing out two "temporary" taxes originally approved in 2001 _ an extra halfpenny on the sales tax and a boost in the income tax bracket for the state's highest wage earners. Senate leaders want to complete the phase out. But Gov. Mike Easley and many House Democrats want to keep them on to pay for education improvements and low-income tax relief. Stam says the taxes have been extended too long already and that the current rates are too high compared to surrounding states, putting North Carolina at a disadvantage.

WE SALUTE YOU: The North Carolina flag is about to get its own salute. The General Assembly approved Tuesday a bill setting in place an official salute to the flag as a way to boost respect and loyalty to North Carolina. The salute reads: "I salute the flag of North Carolina and pledge to the Old North State love, loyalty and faith." The House passed the salute unanimously Tuesday. The Senate last month agreed to the measure, which now goes to Gov. Mike Easley for his signature to be signed into law.

TUESDAY'S SCORECARD:

In the House:

_ H1016, to raise maximum taxpayer deduction for donations to North Carolina's "529" college savings plan to $5,000 annually. Tentatively approved 112-0. Next: Final House vote.

_ H943, to help counties update their jury lists by receiving data about recent deaths and inactive voters whose driver's licenses have been expired for at least eight years. Approved 90-22. Next: To the Senate.

_ H535, to require criminal background review of current and future emergency medical services workers. Approved 113-0. Next: To the Senate.

In the Senate:

_ S487, to extend by one year _ to May 1, 2008 _ the final deadline for reporting by a commission studying improvements in state and local tax structures. Approved 46-0. Next: To the House.

In committees:

_ H933, the Jessica Lunsford Act for North Carolina, which would increase penalties for certain sex crimes against children. House Judiciary II committee chairman Dan Blue, D-Wake, appointed a subcommittee to review the complex legislation, named in memory of a Gaston County-born girl who was assaulted and killed in Florida by a registered sex offender.

_ H1359, to grant civil, criminal and professional immunity to veterinarians who report suspected animal abuse involving clients or others. Favorable report from House Judiciary III. Next: To the full House.

AROUND THE STATEHOUSE:

_ Small business owners visited legislators' offices and Lt. Gov. Beverly Perdue spoke on education and economic opportunities as the National Federation of Independent Businesses held a lobbying day at the statehouse. The nationwide group, which works on behalf of small businesses, is promoting access to affordable health insurance, reform of workers' compensation laws and other issues before legislatures this year. It also handed out boxed lunches to lawmakers and General Assembly workers.

ON THE AGENDA:

_ Wednesday: Natural conservation groups will press lawmakers to protect rivers, farms, forests and historic places. The lobbying day is organized by Land for Tomorrow, a coalition of groups that want the General Assembly to provide $1 billion over five years in bond funding for conservation projects. The group Environment North Carolina will release a report examining the impact of development and the loss of open land in North Carolina in the past 20 years and projecting data for the coming 20 years.

OVERHEARD:

"I'm not in the business to give things to children to make them ill." _ Dr. John Rusher, a Raleigh pediatrician, speaking in opposition to a bill that would prevent children vaccines, including the flu shot, from containing no more than a trace of a mercury-based preservative called thimerosal. Rusher said the bill would discourage vaccinations when there is no evidence thimerosal causes autism in children. The bill passed.

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By Gary D. Robertson and Margaret Lillard.