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General Assembly session recap

genralaBy the time the final gavel fell on the 2009 session of the General Assembly Tuesday, lawmakers had enacted nearly a $1 billion tax increase, banned smoking in most restaurants and bars, changed the state's sex education curriculum and banned texting while driving.

The session, which began in January with a bleak revenue forecast, ended with an even more dismal revenue picture. The Democratic majorities in both the Senate and the House decided to use an increase in the sales tax of 1 percent, a surcharge on upper-middle and upper income wage earners and other taxes to help balance the budget.

"Nobody likes tax increases, but we did those really to preserve things that are important to North Carolina," said Sen. David Hoyle, D-Gaston. He said the General Assembly tried to protect the public education and university system.

"In the context of a severe recession, I feel like we have saved public education and its core mission in North Carolina from what could have been severe jeopardy," House Speaker Joe Hackney, D-Orange, said at the conclusion of Tuesday's session.

Rep. Tim Moore, R-Cleveland, differed with his colleagues on their opinion of raising taxes.

"I felt like we could fund core services and not raise taxes," Moore said.

Hoyle said that some of the tax increases were temporary, and pointed to the early 1990s to support a position that taxes could be brought back down, or even eliminated. He noted that the corporate income tax decreased in the 1990s and that the state sales tax on food was repealed during that time period.

Lawmakers approved a bill giving capital defendants more tools in fighting their sentence if they believe they were placed on death row because of their race. The bill allows such defendants to use statistical analysis to help get their death sentence changed to life in prison.

The bill was pushed by the NAACP and a number of groups that oppose the death penalty. The Senate's Republican leader, Sen. Phil Berger, R-Rockingham, said that the law was part of a gradual effort to abolish the death penalty.

"Make no mistake, this law has little to do with justice and nothing to do with guilt or innocence," Berger said.

Moore objected to some bills that passed that would lessen the prison time served by some offenders. He referred to recent crimes in Gaston County, one where a family was kidnapped and another where county police killed a serial murder whose victims were in Gaffney, S.C., as instances where such criminals would serve less time under recently passed legislation.

"By passing this law, those kinds of guys are going to be in prison less," Moore said.

The changes in the way sex education is taught in public schools make it easier for school systems to teach a more comprehensive curriculum rather than just an abstinence-based sex education program. And a new law requiring school systems to adopt anti-bullying policies includes certain identifying characteristics of those targeted for bullying, the most controversial of which were "sexual orientation" and "gender identity."

"Some of those bills were very difficult for me," Hoyle said, noting that the Senate operates in a caucus setting. Many of they had the support of the Senate Democratic caucus.

"That's just the game we have to play," Hoyle said.

Lawmakers also took time to bail out the State Health Plan, which provides health insurance to state employees, teachers and retirees. They provided economic incentives for Apple Computers to come to Catawba County and tightened up the state's probation system.

Moore said he would like to see the state eliminate the corporate income tax as opposed to the state offering targeted corporate tax credits.

"That logic should apply to any business," Moore said. Allowing businesses to retain what would have been corporate income taxes would put more people to work, he said.

The General Assembly took a look at restructuring the state's tax system but decided to put that off to a later date. Changes in the state's 50-year-old annexation law passed the House but not the Senate. That bill remains eligible for consideration next year.

Lawmakers will return to Raleigh next May for their short session.

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