Governor Gets Overridden | Eastern North Carolina Now

    Publisher's Note: This article originally appeared in the Beaufort Observer.

    Monday was not a good day for Governor Bev Perdue. Her party's representatives in the Legislature abandoned her to the extent that her vetoes of several bills were overridden.

    The first was S 781. The veto override passed the Senate 48-0. The House 76-42. The bill provides that:

    (1)An agency may adopt only rules that are expressly authorized by federal or State law and that are necessary to serve the public interest.

    (2) An agency shall seek to reduce the burden upon those persons or entities who must comply with the rule.

    (3) Rules shall be written in a clear and unambiguous manner and must be reasonably necessary to implement or interpret federal or State law.

    (4) An agency shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed. The agency shall not adopt a rule that is unnecessary or redundant.

    (5) When appropriate, rules shall be based on sound, reasonably available scientific, technical, economic, and other relevant information. Agencies shall include a reference to this information in the notice of text required by G.S. 150B-21.2(c).

    (6) Rules shall be designed to achieve the regulatory objective in a cost-effective and timely manner

    § 150B-19.3. Limitation on certain environmental rules.

    (a) An agency authorized to implement and enforce State and federal environmental laws may not adopt a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or rule pertaining to the same subject matter has been adopted, unless adoption of the rule is required by one of the following:

    (1) A serious and unforeseen threat to the public health, safety, or welfare.

    (2) An act of the General Assembly or United States Congress that expressly requires the agency to adopt rules.

    (3) A change in federal or State budgetary policy. S781 [Ratified] Page 3

    (4) A federal regulation required by an act of the United States Congress to be adopted or administered by the State.

    (5) A court order.

    Shortly after the House's action Senate President Pro Tem Phil Berger twitted: "Much needed, jobs friendly reg reform becomes law despite Gov's objections - big step toward long-term job growth and recovery ."

    In addition the House overrode Perdue on:

    S 496 Medicaid reform

    S 33 Medical Malpractice Reform.
Governor Beverly Perdue weighs her options and her political losses from behind the gates that enclose the Governor's Mansion in Raleigh, N.C., just two blocks east of the Republican-controlled N.C. General Assembly. photo by Stan Deatherage
    Click here for the liberal perspective on the bills.