#NCGA: A short session surprise?

The Daily Haymaker, by Brant Clifton • February 12, 2014 

A piece of legislation that has raised the ire of Civitas and other Tea Party-aligned groups,  and has been voted down twice in the state House, has been resurrected and sent to the House Rules Committee.  According to a rather surprising source — who has a vote in the House GOP caucus — it’s eligible to be voted on in the General Assembly’s short session.  

The legislation I am taking about is H440 — The North Carolina Benefit Corporation Act.  It’s come up in the legislature in 2011 and in 2013.  Tea Party groups have attacked this legislation as an instrument of the United Nations’ Agenda 21.  Civitas went after it as being antithetical to capitalism. 

Benefit corporations are  not currently recognized by the state of North Carolina. But this legislation is seeking to change that.

What’s the big deal about Benefit Corporations, also known as B-corps?  A really smart guy with a fancy-pants Raleigh law firm dishes the dirt for us: 

READ IT HERE.

Thom and Bru: Mutual back-scratching at its best

The Daily Haymaker, by Brant Clifton • February 11, 2014

Thom Tillis and Harold Brubaker have quite a special political bond. They are the only two Republican speakers of the North Carolina House since Reconstruction.  The two became very close upon Tillis joining the House in 2006.  On the eve of Brubaker’s 2012 departure from the House to take up lobbying, Tillis publicly described Brubaker as “my mentor, a trusted colleague, and a dear friend.”

It’s 2014 and Harold Brubaker is going gangbusters in his lobbying business.  What’s intriguing is how much influence he appears to still have in the speaker’s office TWO YEARS after leaving office.

READ THE ARTICLE.

NC--Crossover Bills Still in Play

Civitas Institue By Angela Hight, January 9, 2014

On Wednesday, May 14, the North Carolina General Assembly will reconvene at noon for what is called the “short session.” One thing that people may not realize about the short session is there are crossover bills that will be eligible to be considered.

According to the General Assembly Website crossover bills are:

a. Senate bills and resolutions introduced in 2013 that passed third reading in the Senate and were received by the House in 2013, or

b. House bills and resolutions introduced in 2013 that passed third reading in the House by May 16, 2013 and were received in the Senate by May 20, 2013

c. However, any bill otherwise meeting these deadlines is not eligible for consideration if it:

i. Violates the rules of the receiving chamber; and

ii. Is disposed of in the other house by tabling, unfavorable committee report, indefinite postponement, or failure to pass any reading

READ MORE HERE.  

Time to pull out of LBJ’s War On Poverty

The Daily Haymaker, by Brant Clifton • January 9, 2014

I think it was Albert Einstein who once said the definition of insanity is doing the same thing over and over again, expecting different results.

Statists in Congress are arguing — in the current unemployment insurance debate — that the government needs to spend even more money we don’t have to “help” those in economic distress.  Democrats in Raleigh’s General Assembly — aided by their media allies and The Round Rev’s Moral Monday rabble — are attacking Republicans for trying to get the state’s fiscal House in order and not turning the welfare spigot on full-throttle.

Liberals almost immediately protest any conventional military action by the United States. Yet, they have stuck with this so-called “War on Poverty” for 50 years.

CONTINUE READING.  

State-Level Activism, this week!:

In an attempt to learn more about what they voted on, the NCGA formulated a Common Core Study Commission, which meets for the first time this Tuesday. There is a grassroots campaign, “Be Uncommon, End Common Core,” asking activists to be in attendance at the meeting wearing RED to demonstrate opposition to Common Core. The following information on this activism alert comes from NC-GOP Vice Chairman Joyce Krawiec:

“REMINDER: NCGA Common Core Study Committee Meeting

Tuesday, December 17 1:00 pm

643 Legislative Office Building

NC General Assembly, Raleigh, NC   Wear RED RED RED and be there early.

Please go join our event page and visit daily for updates here:

Be Uncommon End Common Core

Please pass it on - we need as many people there as possible!”  

NEW BERN BOARD OF ALDERMEN MEETING--AUGUST 7, 2013

  CCTA WATCHDOG REPORT

NEW BERN BOARD OF ALDERMEN

SPECIAL CALLED MEETING OF 7 AUGUST 2013

Meeting convened at 6 PM with Alderman Taylor being the only absentee.  There was only one agenda item, that being "Discussion of the approved 146-12 easement."  (important to note the word "approved" here).  The meeting was noticed at least on the City's Facebook page on Friday, Aug 2, 2013.  This agenda also appeared on the City website; however, contrary to previous practice, there was not a posting date listed.  Also, it was not published in the online edition of the NB Sun Journal.  My email to the newspaper asking if they received a notice has gone unanswered.    

However, according to the Aug 8 NB Sun Journal article, "Aldermen hold contentious meeting about marina easement",  this meeting was convened for the purpose of someone (board members, public, everyone?) discussing submitting the city's application for a 146-12 easement.  But, we all know that government proceedings and decisions do not rely on the media's interpretations of government documents.   If this easement is truly "approved", why does the agenda item read that the meeting's purpose is for discussion vice announcement of what this approved easement means to the citizens and marina users as well as other particulars about the actual approval?  Particulars such as:  I thought the NCGA had to approve a 146-12 easement?  Did that already happen? 

According to the Sun Journal article, a portion of the reporting developed from interviews with city officials and overheard discussions held in the hallway outside the meeting room and after the actual BOA meeting.  It noted that Alderman Bucher disagrees with both Alderman Outlaw and Mayor Bettis that an actual vote on this matter was taken.  If the easement was approved, how could that be when the local aldermen aren't even certain if they voted the application to be moved along to the NCGA?  Or, if Alderman Bucher is correct that there was not a vote, yet this 146-12 easement is indeed approved, is it now subject to being rescinded?   Why is it acceptable or appropriate for Mayor Bettis and Aldermen Outlaw and Bucher to gnash teeth, outside of the public meeting yet in the midst of some of the public and at least one reporter, over whether a legal vote approving either an application for the easement or the easement itself was taken during a prior City of New Bern board meeting?       

An email I obtained from a city official in February 2013 (when I was seeking info about how the BOA approval for the $30K in total for the City Manager's bonus came to be during a planning retreat) which included the board members' discussion of subject easement and its resulting decisions from the Saturday morning Feb 16, 2013 Board Retreat chronicles the proceedings in these ways:  

(a)  A Feb 18, 2013 email from City Manager Epperson to the Mayor and Board members forwarded Mr. Epperson's notes on the Retreat's proceedings regarding this subject and reads,  

To clarify what the City can and can't do that permits it to apply for this easement now, and to try to validate Mayor Bettis' claim within the last paragraph of the same Sun Journal article that "the city already has the authority to apply for a G.S. 146-12 easement because it was voted on...", may end up requiring a legal opinion on what the meaning of the word "and" is.  I wonder if this will require another expenditure of taxpayer money on yet another out-of-town attorney to render the opinion? 

• "Discuss application for 146-12 waterfront easement -

• The BOA discussed the history of the waterfront development directly behind the Double Tree Hotel and the associated easements that have been issued to the marina owner.  There was further discussion regarding concerns over the access to our waterfront and concerns over the current financial status of the marina ownership.  Several members of the BOA expressed concerns over the appropriateness of previous easements being issued by the NC Department of Real Estate. Direction was given to bring forth a future resolution authorizing the Mayor to sign application for a 146-12 easement on behalf of the City of New Bern.  Further direction was given to begin to evaluate the feasibility of the City purchasing the marina."  (Note:  the underline was done by the City Mgr). 

(b)  A Feb 19, 2013 email from Alderman Bengel to City Manager Epperson forwarding her notes about the Retreat reads:

"2. Discussion on waterfront easement
Directed mr epperson to look at purchase of marina and
applying for 146 -12"

The official BOA minutes of Feb 16, 2013 read: 

(c)  Discuss application for 146-12 waterfront easement

The waterfront easement was discussed. The Board directed Mr. Epperson to look at purchasing the marina and applying for a 146-12 easement."
 

I remind the readers that compiling the minutes for the Feb 16Retreat required lengthy, heated Board discussion during two regular BOA meetings (2-26-13 and 3-26-13) and a March 6, 2013 special called BOA session, wherein the City Attorney delivered a brief on what kind of Board member information constitutes minutes (notes, memory recollections, and/or video & audio recordings) and legal public meeting noticing.  Reason being is a similar disagreement arose over whether or not an official vote was taken to approve a $10,000 bonus for each of 3 years for City Manager Epperson.  Recall that the contentious discussions surrounding this previous Board member-and-citizen-contested agenda item also rested on the answer of "who approved what when, if at all?".    Despite all of those discussions, it still took an amended version of the minutes (and an extra 20 minutes to produce the appropriate wording) regarding that bonus vote to receive final Board approval at the March 26, 2013 board meeting.            

It's a shame that there is no City3TV video of this 2013 BOA Retreat, no professionally trained city clerk present that typically records the proceedings that will be voted into official minutes, was no live press coverage and that the only citizen who showed up (expressly to learn what the Board decided about the 146-12 easement, marina purchase and special appropriations' funding) was regular citizen Mr. Tony Bonnici who is presently a candidate for Ward 1 alderman.  He is also one of the original petitioners with the New Bern AWARE group (Against Water Access Right Encroachment) that hired now-Mayor Lee Bettis as their attorney in 2007.  The group's intent was to gain public access to the public trust waters that lie in the City.  It felt that would be accomplished by petitioning that year's Board of Aldermen to have the City file for an easement in the City's name; it did so at the Nov 27, 2007 BOA meeting.  Mr. Bonnici has kept up with and active in this issue unwaveringly ever since.  Unfortunately, to attend this Retreat, he had to find a Tryon Place NC History Center security guard to unlock doors and escort him to the upstairs meeting room where this open, legally noticed, public meeting convened.  If it had been recorded, it would have quickly cleared up two issues that have served to agitate the public and the taxpayers. (There is City3TV video posted for all other BOA meetings beginning with 1st live broadcast Apr 5, 2011, with one exception being the April 21, 2011 special town hall held at the downtown NB Library to discuss the city's intervention of the Duke Progress Merger and its estimated costs.  There is also video of a couple of March 2011 meetings pulled from other sources),  Word to the wise is to check the City website daily for the BOA agenda.

It often times is helpful for citizens to consult the city website under the Development Services Department tab and read the agendas for the other city boards, attend any of their meetings or watch them live, or view City3TV videos regarding issues they find will affect them.   Many of the issues that directly affect citizens, such as issuance of certificates of appropriateness (COAs) and zoning rulings originate during these boards' deliberations.  One of these boards' duties is to make recommendations to the Board of Aldermen prior to the aldermen voting.  Sometimes a solution or answers can be found by contacting overseeing staff members for these boards.  According to a source familiar with issues involving the marina, that advice may have helped in this instance 

The purpose of this meeting was not adjudicated due to members of the gallery disrupting the Board proceedings. Perhaps if the agenda had read, "Board discussion of submitting an application for the approval of a 146-12 easement", the gallery members would not have attended with the preconceived notion that their city government had enacted another done deal that affected an important aspect of their life or with expectations that they would allowed to voice their opinions as well as ask questions, and the meeting would have proceeded with proper decorum and could have been concluded?  Although I do not condone disruption of public meetings, many in the audience live on their boats at the marina and had true concerns for their safety and the environment that their domicile was located within.   For even more info on what transpired after the meeting, please read the NB Sun Journal newspaper article previously mentioned in this report.

Rhonda Taylor

CCTA Watchdog Reporter for NB Bd of Aldermen

Ward 6 

North Carolina: This Year’s Short Session Falls Short

The North Carolina General Assembly adjourned on Tuesday, July 3, bringing an end to the “short session” of the 2011-2012 General Assembly. While the General Assembly made tremendous improvements for the pro-gun community during last year’s “long session”, the same cannot be said for their accomplishments in this year’s session. Raleigh did see passage of one pro-gun bill this year, however, another important piece of firearms legislation remained stalled in a senate committee, which effectively killed that bill.


Unfortunately for gun owners, House Bill 111, which included language that would have removed the absolute prohibition on Right to Carry (RTC) permit holders carrying a concealed firearm into a restaurant licensed to sell alcohol for on-premises consumption, remained stalled in the state Senate this year despite passing the state House of Representatives last session. As reported here, this bill passed in the Senate Judiciary II Committee in early June, but was never brought to the Senate floor for consideration. The committee did use HB 111 to address an issue relating to the section of last year’s House Bill 650 (reported on here) that imposed restrictions on prohibiting RTC permit holders from carrying firearms in parks under the control of local governments. Because some local governments have gone beyond what HB 650 allowed, HB 111 was amended to impose tighter restrictions on these localities. If it had been enacted, this bill would have, along with providing for Restaurant Carry, clarified that local governments are restricted from prohibiting lawfully carried concealed firearms in such places as greenways, designated biking or walking paths, certain open areas and fields, as well as other areas. With HB 111 not passing, an important opportunity to advance the rights of law-abiding gun owners was missed.

On a more positive note, this session the General Assembly passed and Governor Perdue signed into law House Bill 843, which recognized law-abiding citizens’ right to self-defense during a declared state of emergency. Specifically, H 843 states that the restrictions section of the North Carolina Emergency Management Act “does not authorize prohibitions or restrictions on lawfully possessed firearms or ammunition.” This means that, if there is a declared state of emergency due to natural disasters or other problems that create a state of disarray and unrest that requires emergency procedures to be implemented by a government entity, the rights of law-abiding gun owners will no longer be subject to possible suspension, as previous law allowed.

CONTINUED:  http://nraila.org/legislation/state-legislation/2012/7/north-carolina-this-year’s-short-session-falls-short.aspx

Beaufort Observer Online: The GOP is in trouble Down East

June 24, 2012

It is entirely possible that N. C. House Speaker Thom Tillis is the most unpopular politician in Eastern North Carolina right now. And it seems to be getting worse with each passing day.

For example, in Sunday's (6-24-12) Beaufort County Now, publisher Stan Deatherage took Tillis to task over Tillis getting Congressman Walter B. Jones to endorse "Democrat-running-as-a-Republican" Arthur Williams for the House 6 seat. Stan had previously reported on a flap at the recent GOP State Convention over a flyer that was being handed out that questioned the meddling by state GOP officials/office holders in local GOP primaries. Tillis came out of that flap looking bad when it was reported that he bullied a highly regarded GOP activist on the convention floor. That buzz is not only still around, but appears to be growing as a negative groundswell toward Tillis and other state GOP leaders.

Tillis already had two strikes against him among many GOP leaders in Eastern North Carolina as a result of his pushing a budget through with increased ferry tolls and how his redistricting committee dealt with Bill Cook and other districts Down East in the redistricting process.

A number of delegates to the Third District Convention in May were primed to pin Tillis down as he was scheduled to deliver the keynote address at the Convention. He did not show and did not let anyone know well enough in advance to find a suitable replacement. Similarly, Walter B. Jones did not even attend the Third District Convention, allowing his challenger Frank Palombo to steal the show. At that meeting the Chairman of the Beaufort County GOP Executive Committee gave a report from that group that had adopted a formal protest of Raleigh leaders meddling in local GOP primaries. The report got a resounding applause and reception with numerous other delegations requesting copies. But because the report was too late to be submitted as a formal resolution there was no vote on it taken.

CONTINUED:  http://www.beaufortobserver.net/Articles-c-2012-06-24-261156.112112-The-GOP-is-in-trouble-Down-East.html

Carolina Journal News Reports

Carolina Journal News Reports: Lobbyists for Government Will Greet Lawmakers At Short Session. It's legal for local government to lobby lawmakers, but how proper is it?


RALEIGH — North Carolina’s courts have ruled it is legal for local governments to use taxpayer resources to lobby the General Assembly on legislation, and that’s exactly what nearly two dozen cities and counties are registered to do as the May 16 legislative short session nears.

As of March 28, eight North Carolina counties and 10 municipalities were listed as principals in the North Carolina General Assembly Lobbying Directory. The local governments are sprinkled among more than 660 lobbyists and 700 principals registered to lobby on behalf of businesses, industries, and advocates for and against specific causes and issues.

The legality of local government lobbying is addressed in an April 2011 “N.C. Local Government Law Blog” by UNC School of Government Professor of Public Law and Government Robert Joyce. He reviews three cases — North Carolina ex rel Horne v. Chafin, Bardolph v. Arnold, and Dollar v. Cary. Joyce concludes:

“So, it appears, local governments may use public funds to try to influence the General Assembly in a particular direction and to put out informational materials regarding issues. They may not, however, use public funds to try to influence the outcome of an election — either an election for office or a referendum on a public issue.”

CONTINUED:http://www.carolinajournal.com/exclusives/display_exclusive.html?id=8949

NC L - Immigration hearing at NC Gen Assembly ----- please be there

Concerned Citizens and Immigration Reformers,

This is from our friends at NC FIRE.

We were contacted by NC Sheriff Sam Page today and he was inquiring as to whether we would be attending the NC House Immigration Committee hearing on Wednesday, December 7th @ 1:00 PM in the Legislative Bldg., Rm 1228 of the General Assembly in Raleigh.

He and several others will be there and he wanted to make sure that the citizens of NC were going to back them up, and show support, by attending this meeting. He stated that it was crucial that we get as many people as possible to attend this meeting.

I assured him that we we would show up in force. PLEASE attend this meeting and bring as many people with you as you can. I can not stress how important this first meeting is and our "showing" will go a long way in showing them the citizens of NC mean business on illegal immigration.

We do not get a second chance, to make a first impression on this committee!

PLEASE REPLY TO ME AND LET ME KNOW IF YOU'RE COMING!!!!!!! IF YOU CAN'T, WE'LL GET SOMEONE ELSE BUT I NEED TO KNOW!!!! NCFIRE@ncfire.info

I will be attending as well.

Regards,
Ron Woodard
Director
NC LISTEN
Ofc: (919) 460-8156
http://www.nclisten.com/

Upcoming NC Legislation

This report from Rep. Norman Sanderson NC House District 3:
The NC Legislature goes back into session this coming Monday to focus on some important legislation. Though the legislature does not VOTE on a gas tax increase (it happens automatically twice per year), we do have the authority to determine if the gas tax can be capped. At this time, there is no pot of money or any funding in reserve for road projects. This is a challenging scenario because without an increase, road projects throughout the state will be significantly delayed and hundreds of miles of road repavement projects in each county as well as bridge revamping will not occur. We will work to rebuild the reserves in the Highway Trust Fund in the future.

Secondly, we will consider an override of the Voter ID veto as well as look at legislation to reduce the early voting period by five days (saving each county approximately $20,000).







Discussion will also occur on hurricane disaster relief efforts.







If you have any feedback on these or other legislative issues, please do not hesitate to contact me at (252) 671-9610 or send an email to: Norman.Sanderson@ncleg.net.

LEGISLATIVE UPDATE: September 17, 2011

Thanks to the NC Federation of Republican Women for this Update!

NC General Assembly


Defense of Marriage Amendment

As you know, the Marriage Amendment passed in the Legislature this week. It will be on the ballot for the May 2012 primary so that the people of North Carolina can vote on it.

The bill states that Article 14 of the NC Constitution is amended by adding a new section that states, "Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts."

A Pro-Marriage Amendment rally was held on Sep 12th at the Halifax Mall adjacent to the Legislative buildings in Raleigh. The rally was hosted by The Upper Room Church of Christ in Raleigh and was attended by a diverse group of concerned citizens of both political parties. As we were walking toward the rally, some of them were saying that they just couldn't believe that in NC marriage would be controversial.

Inspirational leaders from The Upper Room Church of Christ addressed the crowd, including Pastor Patrick L. Wooden and his wife Pamela. Church coordinators for the event were Wanda Thomas and Anthony Wilson. They did a commendable job in getting people out because it was a huge crowd. Our own Felice Pete, of the congregation and President of the Wake County Republican Women, was there with her new baby. What dedication to the Defense of Marriage!

Kevin Daniels, President of the Frederick Douglass Foundation of NC was also a speaker and drew praise for his comments. The rally was inspiring and uplifting while giving evidence that marriage between one man and one woman is beneficial for families and reflects on our nation's Christian heritage. The people attending the rally made a difference in the legislative vote by showing that they care about the definition of marriage in NC.


During the next eight months there will be much debate from both sides. The White House has already responded to North Carolinians by stating that "President Obama opposes laws 'designed to take rights away.'"

In related news, House Republicans are seeking ways to delay the termination of "Don't Ask, Don't Tell," enacted during the Clinton administration. Don't Ask, Don't Tell (DADT) expires on September 20, 2011. In brief, under DADT military members keep their sexuality preferences private.

US House of Representatives

Protecting Jobs From Government Interference Act (HR2587)
G. K. Butterfield (D-1st), David E. Price (D-4th), Larry Kissell (D-8th) Melvin L. Watt (D-12th, and Brad Miller (D-13th) DO NOT WANT TO PROTECT NC JOBS!The bill "Amends the National Labor Relations Act to deny the National Labor Relations Board (NLRB) any power to: (1) order an employer (or seek an order against an employer) to restore or reinstate any work, product, production line, or equipment; (2) rescind any relocation, transfer, subcontracting, outsourcing, or other change regarding the location, entity, or employer who shall be engaged in production or other business operations; or (3) require any employer to make an initial or additional investment at a particular plant, facility, or location."

The House passed the measure in a vote of 238 to 186 with 9 not voting on Sep 15, 2011.


NC Representatives voting for the legislation to prevent the NLRB from overstepping its authority as in the case of the NLRB against Boeing in SC, resulting in potential job losses: 
Renee Ellmers (R-2nd), Walter B. Jones (R-3rd), Virginia Foxx (R-5th), Howard Coble (R-6th), Mike McIntyre (D-7th), Sue Myrick (R-9th) Patrick T. McHenry (R-10th), and Heath Shuler (D-11th).

NC Representatives against the bill: G. K. Butterfield (D-1st), David E. Price (D-4th), Larry Kissell (D-8th) Melvin L. Watt (D-12th, and Brad Miller (D-13th).

In a press release, Senate President Pro Tempore Phil Berger said that Governor Beverly Perdue should "stand up to the federal government and defend North Carolina's right to work status, the state's most important jobs law that gives North Carolina a competitive edge over other states competing for new businesses." To date, she has been mum.

Sources: ncga; Observations from Sep 12 Marriage Amendment Rally and General Assembly; Washington Blade, "White House Responds to N.C. Marriage Amendment by Chris Johnson, Sep 13, 2011 and "House GOP Seeks to Delay End to 'Don't Ask'" by Chris Johnson, Sep 15, 2011; News Release: "Berger: Perdue Shoud Stand Up to NLRB, Encourage Job Growth," Sep 15, 2011; and house.gov.

LEGISLATIVE UPDATE September 14, 2011

Thanks to NC Federation of Republican Women and Brenda T. Formo for this update!

NC General Assembly


1. Defense of Marriage Amendment (SB514)

The Defense of Marriage Amendment passed in the Senate in a vote of 30 to 16 with 4 excused absences on Sep 13. All Republicans present voted for the bill and all Democrats present voted against it.

The four excused absences were:

•Republican Senator Fletcher Hartsell (Cabarrus, Iredell). Recall that we asked that you call him because we had information that he might waver on the vote.
•Democrat Senators Eric Mansfield (Cumberland); Michael P. Walters (Hoke, Robeson); and Stan M. White (Beaufort, Camden, Currituck, Dare, Hyde, Pasquotank, Tyrrell, and Washington)
 
SB514 Defense of Marriage Act states that "Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts."


The bill passed in the House on Monday, Sep 12th.

The Defense of Marriage Amendment will be on the ballot in the first primary in 2012, which is May 2012. The people of NC will determine its outcome.

Senator Phil Berger, President Pro-Tempore, said of the Senate vote: "We think the people of this state--not judges, bureaucrats, or politicians--should define marriage, which I personally believe should be between one man and one woman. We look forward to eight months of healthy debate before voters decide this issue at the polls."

(Thanks again to everyone who worked for this amendment so that the people can vote on it. See the NCFRW Special Report dated Sep 13, 2011.)

2. Speaker/Pro Tem Term Limits (HB823)

The bill is an amendment to the NC Constitution to "limit the Speaker of the House of Representatives and the President Pro Tempore of the Senate to serve for four consecutive two-year terms in those offices."

•On Monday, Sep 12, the Senate passed the bill in a vote of 35 to 9 with 1 not voting and 5 excused absences.

All Republican Senators voted 'Yes," except Senator Hartsell who had an excused absence.  Five Democrats voted "yes:"

Senator Daniel G. Clodfelter (Mecklenburg)
Senator Malcolm Graham (Mecklenburg)
Senator Ed Jones (Bertie, Chowan, Gates, Halifax, Hertford, Northhampton, Perquimimans)
Senator Josh Stein (Wake)
Senator Don Vaughan (Guilford)

Nine Democrats voting "no:"

Senator Bob Atwater (Chatham, Durham, Lee)
Senator Doug Berger (Franklin, Granville, Vance, Warren)
Senator Dan Blue (Wake)
Senator Charlie S. Dannelly (Mecklenburg)
Senator Eleanor Kinnaird (Orange, Person)
Senator Floyd B. McKissick (Durham)
Senator Martin L. Nesbitt (Buncombe)
Senator William R. Purcell (Anson, Richmond, Scotland, Stanly)

Senator Gladys A. Robinson (Guilford)

Senator Stan White (Beaufort, Camden, Currituck, Dare, Hyde, Pasquotank, Tyrrell, Washington) did not vote.

The following Democrat Senators had excused absences: Linda Garrou (Forsyth), Clark Jenkins (Edgecombe, Martin, Pitt); Eric Mansfield (Cumberland), and Michael P. Walters (Hoke, Robeson).

•In the House on Tues, Sep 13 the bill passed in a vote of 118 to 0 with 1 not voting and 1 excused absence. Democrat Representative Marcus Brandon (Guilford) did not vote; and

Republican Representative D. Craig Horn (Union) had an excused absence.

Star News reported that Senate leader Phil Berger said,"the change approved Monday would keep any single person from holding power for decades." Star News added, "His predecessor as president pro tempore, Sen. Marc Basnight, D-Dare, served a record 18 years at the post."

•The Term Limit Amendment will be on the November 2012 ballot for the people of NC to decide.

September 14, 2011 Calendar for NC House

The following vetoed bills may be reconsidered today: Voter Photo ID (HB351), the Energy Jobs Act (SB709), No Dues Checkoff for School Employees (SB727), and Water Supply Lines/Water Violation Waivers (HB482).


US Congress

1. Leahy-Smith America Invents Act regarding patent awards. The Senate passed the legislation in a vote of 89 to 9 with 2 not voting on Sep 8. Both Senators Burr and Hagan voted for the bill.

2. Motion to Proceed on Debt limit disapproval - The Senate rejected the motion in a vote of 45 to 52 with 3 not voting. The motion would have initiated a resolution to disapprove a $500 billion debt limit increase, according to MEGAvote.

"Under the budget law enacted on August 2, the debt limit was increas[ed] by $400 billion. A second increase of $500 billion will take effect unless Congress passes a disapproval measure."
(Megavote)

Senator Burr voted for the Resolution to stop an automatic increase of $500 billion to the debt limit. Senator Hagan voted against the Resolution to stop the automatic $500 billion increase.

The bottom line is that Senator Burr does not want the debt limit automatically increased another $500 billion; and Senator Hagan agrees with an additional $500 billion added to the debt limit already enacted ($400 billion), resulting in a total of $900 billion in increased debt limit to date.

3. "Empowering Parents through Quality Charter Schools Act" HR2218 - On Sep 13, the House passed the legislation in a vote of 365 to 54 with 12 not voting. The legislation replaces current laws on charter schools with special attention to grants. All NC Representatives voted for the legislation.


Sources: ncga; Press Release from Senator Phil Berger, Sep 13, 2011; Star News Online, "Gay marriage ban will be on May ballot in NC," by Gary D. Robertson, AP, Sep 13, 2011 and "House, Senate versions on NC leader limits differ," AP, Sep 12, 2011; senate.gov; house.gov; Megavote: NC 6th, 9/12/2011.

Eminent Domain Amendment DOA as Session Resumes--GOP expected to put off property rights issue until 2012

Carolina Journal

David N. Bass, September 12, 2011

RALEIGH — Although it was No. 9 on their 100-day legislative agenda, Republicans in the North Carolina General Assembly are not expected to take up a constitutional amendment this week that would curb state government’s eminent domain powers.


Instead, indications are that legislators will address the issue when they reconvene for their “short session” in May next year. If they approve the amendment at that time, the issue could still appear on the General Election ballot in November for final approval by voters.

The delay could be a favorable development as it will give lawmakers more time to work out kinks in the language, say private-property rights advocates. The existing version of House Bill 8 says that private property “shall not be taken by eminent domain except for a public use.”

Problems with that wording have cropped up because the amendment doesn’t define “public use.” The U.S. Supreme Court and various lower courts have interpreted public use broadly, said Daren Bakst, director of legal and regulatory studies for the John Locke Foundation (publisher of Carolina Journal).

“A constitutional amendment should be specific and should protect against end runs a government can use to take property for economic development,” Bakst said. “I appreciate what the House is trying to do, but I have serious doubts that it will work. Too much is being left up to courts to interpret. Given precedents, the courts won’t interpret ‘public use’ the way the House envisions it.”

Kelli Kukura, director of government affairs for the N.C. League of Municipalities, said that her organization has worked with bill sponsors to make the language more favorable to local governments.

“We were concerned it would cause confusion in the courts and would harm economic development in cities and towns,” she said. While the league isn’t supporting the current amendment, members aren’t working against it, either, she added.

The state House passed the bill 91-18 in April; it’s sat in a Senate Judiciary Committee since then.

The amendment cropped up after the U.S. Supreme Court ruled in 2005 that local governments could take property through eminent domain for economic development purposes — such as to get more tax revenue. The case was Kelo v. City of New London.

Support for the amendment has been bipartisan in North Carolina, with a few exceptions. One of those is House Minority Leader Joe Hackney, D-Orange, who said in April that the amendment should be converted to a statute. He also expressed concerns about the amendment’s implications for the future.

“What the amendment fundamentally does is take a settled area of the law, which is good for everybody, and makes it unsettled, which is not good,” Hackney said.

Bakst said that property-rights protections are worth putting in the state constitution, as long as they’re done right.

“If the Supreme Court gutted our First Amendment rights, would we think it’d be appropriate to rely on state statutes to protect our free-speech rights? No. We’d want a state amendment. There is no difference here,” he said.

Secondary amendments

Republicans have introduced several other amendments on fiscal policy that never got traction during the session — nor are there plans to consider them this week. Among them:

• House Bill 913, Amend Constitution/State Savings Fund: Would require the General Assembly to lay aside a percentage of revenue growth in a savings account, to be used for specific expenditures only. Assigned to the House Judiciary Committee in May.

• House Bill 784, Three-Fifths Vote to Levy Taxes: Would bar lawmakers from raising taxes without a supermajority vote in both chambers of the legislature. Right now, a simple majority is needed. The amendment would not apply to a law authorizing local taxing units — such as counties and municipalities — to levy a tax. Assigned to the House Judiciary Committee in April.

• House Bill 188, Taxpayer Bill of Rights: Would require new General Fund expenditures to correlate with population plus inflation. A two-thirds majority vote of the General Assembly would be needed to exceed the expenditure limit. Assigned to the House Judiciary Committee in February.

Amendments also have been filed addressing election law:
 
CONTINUED HERE: 

http://www.carolinajournal.com/exclusives/display_exclusive.html?id=8221

LEGISLATIVE CODE RED ALERT!

from NCFRW Grassroots Activism Code Red Alert, Joyce Krawiec jrkrawiec@aol.com


Just when we think we may have enough Democrats to pass the Marriage Amendment, we find that some of our own need to hear from us so they won't "Cave".

There are two NC Republican Senators who have now decided they may not vote for the NC Marriage Amendment. They are:

Sen. Fletcher Hartsell (Cabarrus, Iredell) (704)786-5161 and (919)733-7223
and Sen. Richard Stevens (Wake) (919)851-0228 and (919)733-5653

Please call these Senators and tell them to "Let the People Decide." Our Republican leadership has worked tirelessly to obtain the votes to pass this amendment.

The vote could be as early as Monday in the Senate. Also, if you can, please attend the Marriage Rally, Halifax Mall, Monday, Sept. 12, 10:30 AM

NC Legislative Alert

September 9, 2009


In less than 72 hours, the NC General Assembly will convene to decide whether or not they are going to give you the right to vote to protect Marriage in North Carolina. Every legislative vote will count. Please make sure your legislator will vote to support marriage.

Contact your State Legislators NOW!

This is possibly the most important legislative alert we will send for the remainder of this legislative session! On Monday, September 12, your legislators will return to Raleigh for a special short session to consider a Marriage Protection Amendment. Those who oppose traditional marriage are working overtime to defeat the bill that will allow you to vote to protect marriage in the 2012 election and once and for all define marriage as the union of one man and one woman.

Marriage is the bedrock institution of God's order and of our society. It is important that you participate in this effort to place the definition of marriage in our State Constitution and make sure that your legislators understand the importance of marriage and the importance of voting FOR the Marriage Protection Amendment.

Many legislators will be in their district this weekend and many of them actually want to hear from their constituents. That's why it is important for you to call within the next 72 hours. This is not a normal session of the General Assembly and legislative leaders have said they plan to complete their business in a matter of days.


Much has been written about this issue, but we have condensed some of the most important arguments into a Talking Points paper that you can download as a PDF file. We have heard back that many have found this document useful when talking with legislators.

Unless you already know how to reach your legislators, the information found on the General Assembly Website is what we use. You can access that through our Citizen Action Center as well as find out who represents you if you don't know. Also, please ask your friends and family to help by contacting their legislators.

Finally, I want to remind you of the Marriage Protection Amendment Rally that is scheduled for Monday, September 12 at 10:30 AM on Halifax Mall behind the Legislative Building in Raleigh. If you haven't been to Raleigh in a while, this would be an excellent time. Attend the rally and visit with your legislators. Go here for more information about the rally. Download a bulletin insert or flyer here.

Please be in prayer about this issue and all of the activities and decisions surrounding marriage and the Marriage Protection Amendment. Especially pray for your legislators

NC Special session agenda dwindles

House Speaker Thom Tillis has said next week's special session will probably be only three days long. At this rate, state lawmakers may have to stretch to get three days out of it.


According to the resolution authorizing the special session, legislators can only take up certain kinds of matters next week. The main focus of the session is supposed to be constitutional amendments, but veto overrides and redistricting bills can also be considered.

The three constitutional amendments considered most likely to come up next week are a proposal to ban same-sex marriage and civil unions, a proposal to limit the number of years a member can serve as House or Senate leader, and a proposal to limit government's power to take private property for public use, known as Eminent Domain.

Under state law, local governments can take private property for public use or public benefit. That ensures government's ability to build roads, schools, water infrastructure and other facilities needed by the public.

CONTINUED:
http://www.wral.com/news/state/nccapitol/blogpost/10095082/

NORTH CAROLINA: B Lab's Benefit Corporations Won't Benefit You

B Lab's Benefit Corporations Won't Benefit You
 By Wynne Coleman     

SB26, the North Carolina Benefit Corporations Act contains boilerplate legislation from B Labs. View B Labs Statement of Purpose and Declaration of Interdependence here. The following points are applicable to activists or concerned citizens who want to understand why they should oppose Benefit Corporation legislation in their States.


One of the goals of Agenda 21 is to create a system of corporations that partner with governments to achieve Sustainable Development objectives. Across the nation, model legislation is being proposed to the individual States by a pro-Sustainable Development organization (B Lab) for the purpose of creating a “new type” of corporation that will support Public Private Partnerships (PPPs) and Sustainability objectives. Those objectives are anti-liberty and anti-free-enterprise.

The corporation is called a “Benefit Corporation” (B Corp). The originators of this legislation are so ambitious that their plans include the vision to create a public stock exchange for B Corps.

The North Carolina version of this model legislation is SB 26, The North Carolina Benefit Corporation Act. Although the word “sustainable” is not found in the bill, the concepts are clearly there. This bill can be traced back to the key advocates and creators of Agenda 21-Sustainable Development.

As of May 2011, the same legislation had been passed in four states: Virginia, Maryland, Vermont, and New Jersey. It has also been introduced in Colorado, Hawaii, New York, Pennsylvania, California, Michigan, and of course North Carolina. To see the list of States, including California, where B Corp legislation has been proposed or passed go to: http://www.bcorporation.net/publicpolicy

Read why SENATE BILL 26, The North Carolina Benefit Corporations Act MUST BE STOPPED!
http://www.freedomadvocates.org/images/pdf/bcorp%20sb26%20a.pdf

Benefit Corporation Statement of Purpose and Declaration of Interdependence
http://www.freedomadvocates.org/images/pdf/benefit%20corporation%20purpose.pdf

Also see related article by Stephen Poole - Benefit Corporations: Expansion of the Public-Private Fascist State

Wynne Coleman lives in Raleigh, North Carolina. As the daughter of a Brigadier General in the United States Army, she traveled extensively, then lived in New York City for 19 years before settling in Raleigh. She has degrees in piano performance and in the visual arts. She is an activist and researcher in support of the U.S. Constitution. She assists her husband in teaching a free 12-week Constitution course. Since 1992, she has been exposing the dangers of Agenda 21-Sustainable Development. She was appointed by the Wake County Commissioners to represent the Wake County Taxpayers Association on the Wake County Sustainability Task Force in 2010-2011.

NC SPEAKER VISITS NEW BERN

Speaker Visits New Bern--Town Hall at NC History Center, Friday, August19, 2011


ARTICLE AND VIDEO: 
http://www.examiner.com/photojournalist-in-raleigh/speaker-visits-new-bern?CID=examiner_alerts_article

Perdue Plays Politics as Unemployment Jumps to 10.1%

Friends,


Last night Governor Perdue took to the stage at a Rotary Club dinner to announce that unemployment in the state would jump to 10.9%. There are two problems with this.

1.) The report for us to analyze the numbers was not made public until 10 AM this morning- meaning we did not get to see what the report actually contained.
2.) Governor Perdue lied. She said, and it was reported, that unemployment was 10.9%, when it was really 10.1% - a HUGE difference.

So while we had to wait, she had the ability to falsely spin the numbers in her favor. Thankfully we waited until the report came out and didn’t attack her erroneous 10.9%. It doesn’t change the fact that she played politics with people’s misery and the press reported just her side of the story this morning. For the nightly news we have combated it, with this release.

Please share on Facebook and Twitter as we can’t allow her to shape this narrative: bit.ly/qTqWc5

Best Regards, Rob Lockwood


North Carolina Republican Party:  Perdue Plays Politics as Unemployment Jumps to 10.1%


For Immediate Release
Contact: Rob Lockwood: (919) 424-5555
August 19 2001

RALEIGH, NC – In a speech last night in Asheville, Governor Beverly Perdue announced that unemployment in the state would jump to 10.1%. Instead of focusing on solutions for an immediate cure, Perdue took the opportunity to mislead the audience as to the real reasons behind the jump, and chose to play the “blame game” instead. This revelation was announced on the eve of the Southern Governors’ Association’s Annual Conference about jobs, an excellent opportunity for Governor Perdue to learn what real leadership is and how to reduce unemployment from successful GOP job-creating governors.

URL: http://www.ncesc1.com/PMI/Rates/PressReleases/State/NR_July_2011_StRate_M1.pdf

More than 300,000 workers have lost their job since Perdue was sworn into office 3 years ago. She supported President Obama’s failed “stimulus”, a program that led to the loss of America’s “AAA Credit Rating”, and resulted in markets tumbling. Perdue’s failed economic policies, paired with her lack of objection to President Obama’s agenda, have led to the hemorrhaging of jobs in North Carolina. This morning it was reported that Bank of America will lay off more than 3,500 jobs in Charlotte. This is reflective of poor management of the national economy by President Obama, and no condemnation by Governor Perdue about how his policies have hurt North Carolina.


NCGOP Chairman Robin Hayes had this to say, “This weekend is a great opportunity for Governor Perdue to learn about leadership and effective measures to combat unemployment. 9 out of 10 of the “most pro-business” states are governed by Republicans, so she should take the time to study solutions that actually result in job creation.

It becomes clearer by the day that the Governor knows nothing about job creation. Her focus is only on protecting her own job by blaming others for years of failed Democratic policies.”

URL: http://www.pollina.com/top10probusiness.html

In North Carolina, the Republican-controlled NCGA has been fighting to bring fiscal sanity to the state budget. In just 8 months on the job, their dedication to fiscal discipline is one of the reasons that North Carolina was saved from losing our state’s “AAA Credit Rating.” Moody’s cited North Carolina as “resilient to a downgrade,” at a time when other states are at serious risk of losing their pristine ratings.
URL: http://www.reuters.com/article/2011/07/19/us-usa-states-moodys-idUSTRE76I4XQ20110719

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Paid for by the North Carolina Republican Party--www.NCGOP.org