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NC lawmakers back this week for overrides, but not budget

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NC lawmakers back this week for overrides, but not budget


RALEIGH, N.C. — After more than a month of inaction, state lawmakers will return to Raleigh this week to resume work aimed at finishing the regular legislative session.

The state budget is already six weeks late due to deadlocked negotiations between House and Senate Republicans. That stalemate could stretch into September, according to House Speaker Tim Moore, so the budget isn’t a likely candidate for action this week. However, a slew of bills, conference reports and veto overrides remain to be considered.

Moore has scheduled five veto override votes for Wednesday. Those vetoes include two bills loosening rules for charter schools, two bills targeting LGBTQ+ minors, and one that would change the state’s building code oversight. All five were vetoed by Democratic Governor Roy Cooper in early July.

House override bills

Fairness in Women’s Sports Act. House Bill 574 would ban transgender girls and women from competing in women’s sports in middle school, high school and college athletics in North Carolina.

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Sponsors say allowing transgender female athletes to compete against athletes who were born female is unfair, because transgender women are bigger and stronger and faster. But critics say the ban is unnecessary. Only two transgender girls have even sought permission to compete in high school athletics in North Carolina.

Gender transition for minors. House Bill 808 would prohibit any medical professional from providing gender-affirming medical care to any transgender patient under 18, including hormone treatments or puberty blockers as well as surgical procedures, even if the minor’s parent consents.

Supporters of the bill say they’re trying to protect underage people from making decisions that could have life-long consequences. But opponents say gender-affirming care can be lifesaving for young transgender people, and all major medical groups support it.

Code council reorganization and amendments. House Bill 488 would divide the state’s current Building Code Council into two bodies, one focused on residential buildings and the other on commercial. It would also ban the council from updating the current building code and adding new energy efficiency rules, and allow the builders of multifamily units to use less fire-proofing between dwellings.

Charter school review board. House Bill 618 would create a new board to vet and grant charter school applications. It would be able to reconsider any application rejections by the State Board of Education from July 2022 onward.

Supporters of charters have maintained for years that the State Board of Education, which currently makes those decisions, is insufficiently supportive of charters and too slow to act on applications. The new review board, which would mostly be appointed by Republican lawmakers, would likely be more receptive. Opponents say the power to approve applications should remain with the state board of education. They say the new board would be under political pressure to be overly permissive in approving or renewing schools.

Charter School Omnibus. House Bill 219 includes an array of changes loosening state law governing charter schools. It would allow them to expand without permission as long as they’re not low-performing and allow them to give preferential treatment to some applicants. It would also let them enroll and charge tuition for out-of-state and foreign exchange students. And it would give counties authority to use — and even raise — property tax revenue for charters’ capital needs, which currently isn’t legal. It would also ban regulators from considering the impact of a new charter on local school districts in the application process.

Supporters say the measure would even the financial playing field for charters and make it easier for them to grow to meet demand. Opponents, including many traditional public school advocates, warn it would drain capital funds from districts and could result in over-proliferation of charters in some districts.
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A supermajority with no wiggle room

Republicans in the state House and Senate hold veto-proof majorities — but only barely. A veto override requires support from all 72 Republicans in the House and all 30 Republicans in the Senate. If even one or two Republicans are absent, and if all Democrats are present and voting against an override, it will fail.

That’s one reason the override votes haven’t happened yet in the House. Four of the five override votes have been delayed five times already because some GOP members were unable to attend those sessions.

The regular legislative session is usually over by mid-July, so many lawmakers schedule travel, family vacations and medical procedures in mid-July and August, making it a challenge to get all of them into the chamber on any given day in that period.

The House and Senate also have differing rules on how vetoes are handled. The law doesn’t require, and neither body has set, a time limit within which they have to take up a veto override, also known as “reconsideration.”

The Senate’s rules require the majority party to give 24 hours’ notice to the minority party before an override vote can be held. The House’s rules are less strict, allowing an override vote “on the legislative day [a veto] is received in the House from the Senate or Governor or any other legislative day it is printed on the calendar,” which often isn’t published until late the preceding evening.

If House Republicans aren’t sure they’ll have sufficient members present to override a veto, they’ll generally reschedule the override vote rather than risk it. In the Senate, there are fewer members to account for. They generally don’t schedule an override vote until they’ve found a day that will work.

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The other veto

A sixth veto could be taken up this week, but it wouldn’t start in the House.

Senate Bill 49, Parents Bill of Rights, passed its final legislative vote June 29, largely along party lines. While no Democrats in the House or Senate voted for it, one House Republican — Rep. Hugh Blackwell, R-Burke — voted against it.

It was vetoed July 5 by Democratic Governor Roy Cooper, who called it a “don’t say gay” bill, evoking a law passed in Florida. Cooper warned it would “scare teachers into silence by injecting fear and uncertainty into classrooms.”

Under legislative rules, vetoed bills get their first override vote in the chamber where the bill originated. The bill was sent to Senate Rules July 6 and has not moved since.

Speaking to reporters July 31, Senate leader Phil Berger said the Senate will vote to override the veto of S49 “at some point.” So far, no override vote has been scheduled.

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Berger spokeswoman Lauren Horsch said last week that the full Senate is expected to be in Raleigh this week, but no votes are on their calendar yet.



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North Carolina

Former North Carolina, Arkansas QB Jacolby Criswell signs with surprising school

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Former North Carolina, Arkansas QB Jacolby Criswell signs with surprising school


North Carolina transfer quarterback Jacolby Criswell has signed to play for East Tennessee State in 2025, On3’s Pete Nakos confirmed. He spent four total seasons in Chapel Hill and will have one year of eligibility remaining.

Criswell played the first three seasons of his college career with the Tar Heels before transferring to Arkansas ahead of 2023. He played one year in Fayetteville before deciding to come back to North Carolina ahead of this season.

Criswell didn’t begin as the starter this past season but took over after Max Johnson went down with injury. He finished the year with 2,459 yards and 15 touchdowns to six interceptions.

This story will be updated.

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North Carolina among 18 states suing to stop Trump’s order blocking birthright citizenship

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North Carolina among 18 states suing to stop Trump’s order blocking birthright citizenship


WASHINGTON, D.C. (WITN) – Attorneys general from 18 states sued Tuesday to block President Donald Trump’s move to end a decades-old immigration policy known as birthright citizenship guaranteeing that U.S.-born children are citizens regardless of their parents’ status.

Trump’s roughly 700-word executive order, issued late Monday, amounts to a fulfillment of something he’s talked about during the presidential campaign. But whether it succeeds is far from certain amid what is likely to be a lengthy legal battle over the president’s immigration policies.

North Carolina is one of the 18 states challenging the executive order. Attorney General Jeff Jackson is asking the court to invalidate the executive order and stop it from being implemented.

“This executive order is a straightforward violation of the Fourteenth Amendment, which guarantees citizenship to all people born on U.S. soil. For over a century, this principle has been upheld by the Supreme Court and remains a bedrock of our constitutional framework,” said Jackson.

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Attorney General Jackson says the Constitution leaves no room for reinterpreting this matter.

“As Attorney General, my role is straightforward as well: to defend the Constitution. That’s why I’ve joined this lawsuit, to uphold the rule of law and preserve the rights that have defined our nation for generations,” said Jackson.

Here’s a closer look at birthright citizenship, Trump’s executive order and reaction to it:

What is birthright citizenship?

Birthright citizenship means anyone born in the U.S. is a citizen, regardless of their parents’ immigration status. People, for instance, in the United States on a tourist or other visa or in the country illegally can become the parents of a citizen if their child is born here.

It’s been in place for decades and enshrined in the 14th Amendment to the Constitution, supporters say. But Trump and allies dispute the reading of the amendment and say there need to be tougher standards on becoming a citizen.

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What does Trump’s order say?

The order questions that the 14th Amendment extends citizenship automatically to anyone born in the United States.

The 14th Amendment was born in the aftermath of the Civil War and ratified in 1868. It says: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Trump’s order excludes the following people from automatic citizenship: those whose mothers were not legally in the United States and whose fathers were not U.S. citizens or lawful permanent residents; people whose mothers were in the country legally but on a temporary basis and whose fathers were not citizens or legal permanent residents.

It goes on to bar federal agencies from recognizing the citizenship of people in those categories. It takes effect 30 days from Tuesday, on Feb. 19.

What is the history of the issue?

The 14th Amendment did not always guarantee birthright citizenship to all U.S.-born people. Congress did not authorize citizenship for all Native Americans born in the United States, for instance, until 1924.

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In 1898 an important birthright citizenship case unfolded in the U.S. Supreme Court. The court held that Wong Kim Ark, who was born in San Francisco to Chinese immigrants, was a U.S. citizen because he was born in the country. After a trip abroad, he had faced denied reentry by the federal government on the grounds that he wasn’t a citizen under the Chinese Exclusion Act.

But some advocates of immigration restrictions have argued that while the case clearly applied to children born to parents who are both legal immigrants, it’s less clear whether it applies to children born to parents without legal status.

What has the reaction to Trump’s order been?

Eighteen states, plus the District of Columbia and San Francisco sued in federal court to block Trump’s order.

New Jersey Democratic Attorney General Matt Platkin said Tuesday that presidents might have broad authority but they are not kings.

“The president cannot, with a stroke of a pen, write the 14th Amendment out of existence, period,” he said.

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Connecticut Attorney General William Tong, a U.S. citizen by birthright and the nation’s first Chinese American elected attorney general, said the lawsuit was personal for him.

“The 14th Amendment says what it means, and it means what it says —- if you are born on American soil, you are an American. Period. Full stop,” he said. “There is no legitimate legal debate on this question. But the fact that Trump is dead wrong will not prevent him from inflicting serious harm right now on American families like my own.”

Not long after Trump signed the order, immigrant rights groups filed suit to stop it.

Chapters of the American Civil Liberties Union in New Hampshire, Maine and Massachusetts along with other immigrant rights advocates filed a suit in New Hampshire federal court.

The suit asks the court to find the order to be unconstitutional. It highlights the case of a woman identified as “Carmen,” who is pregnant but is not a citizen. The lawsuit says she has lived in the United States for more than 15 years and has a pending visa application that could lead to permanent status. She has no other immigration status, and the father of her expected child has no immigration status either, the suit says.

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“Stripping children of the ‘priceless treasure’ of citizenship is a grave injury,” the suit said. “It denies them the full membership in U.S. society to which they are entitled.”

In addition to North Carolina, New Jersey and the two cities, California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, Rhode Island, Vermont, and Wisconsin joined the lawsuit to stop the order.



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Tropical Storm Helene destroyed nearly 1,000 homes in NC, FEMA maps show

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Tropical Storm Helene destroyed nearly 1,000 homes in NC, FEMA maps show


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Tropical Storm Helene destroyed nearly 1,000 homes when it tore through Western North Carolina Sept. 27, maps from the Federal Emergency Management Agency show.

The maps, which show verified damage to homes as of Jan. 7, were presented to the Buncombe County Board of Commissioners at its Jan. 16 budget retreat.

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In Buncombe County, Helene destroyed 340 homes, according to the maps. More than 170 were owner-occupied, while the remaining were rental properties.

The maps also show how many homes across the state sustained major damage and how many require repairs so residents can move back in.

According to the maps, 2,360 homes suffered major damage. Nearly one-third were rentals. Additionally, nearly 30,000 homes require habitability repairs, according to the maps. More than 6,000 of those homes were occupied by renters.

The number of damaged homes verified by FEMA is significantly lower than initial estimates from the state. According to a Dec. 13 damage needs assessment compiled by the N.C. Office of State Budget and Management, more than 73,000 homes were projected to be damaged, the majority of which were expected to be single-family and manufactured homes, and duplexes. In total, the state is estimating nearly $13 billion in residential damage alone.

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The Citizen Times requested updated damage maps from FEMA on Jan. 17.

How did homes in Buncombe, Henderson, McDowell, Madison and Yancey counties fare?

Destroyed homes:

Buncombe: 340

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Henderson: 89

McDowell: 92

Yancey: 100

Madison:11+

Major damage:

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Buncombe: 640

Henderson: 354

McDowell: 128

Yancey: 166

Madison: 56

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Homes requiring habitability repairs:

Buncombe: 8,920

Henderson: 3,988

McDowell: 1,442

Yancey: 1,767

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Madison: 302

Jacob Biba is the county watchdog reporter at the Asheville Citizen Times, part of the USA TODAY Network. Email him at jbiba@citizentimes.com.



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