Paul Stam » Education

With bipartisan support, the House voted 73 – 46 to override the veto of Governor Bev Perdue. The House and Senate achieved this historic milestone on June 15, 2011.
This fulfills our first two promises to the people of North Carolina: A balanced budget and a budget that does not raise tax rates. Our budget contains the largest tax rate cut in the history of North Carolina. It makes our state more competitive with our neighbors again. It puts almost $1.5 billion back in to the hands of hard working North Carolinians. It is balanced. The business school at UNC Chapel Hill estimates that the Republican budget will create up to 14,900 new private sector jobs in North Carolina.

2. Protect Health Care Freedom Act

HB 2, protects North Carolinians from the “individual mandate” in the federal Patient Protection and Affordable Care Act (Obamacare), passed the House and Senate and was sent to the Governor. She Vetoed the bill. Republican leaders filed an Amicus Curiae (Friend of the Court) brief on May 11, 2011 to the 11^th Circuit Court of Appeals in Atlanta, Georgia. The Court of Appeals ruled 2-1 in favor of the states.

3. North Carolina is a Right-to-Work state. Republicans will continue to support laws that secure the right of employees to decide for themselves whether or not to join a union. We will stop any legislation that allows collective bargaining.

4. Reducing regulatory burden on small business.

Both House and Senate members have proposed legislation to limit the financial burden of regulation on businesses.

Senate Bill 22 – An act to limit new agency regulatory requirements that result in substantial additional costs. SB 22 passed both chambers and was signed into law by the Governor on March 25, 2011.
House Bill 162 – An act to exempt certain activities related to small-scale processing of agricultural products from wastewater permit requirements. The bill passed the House and Senate and was signed by the Governor on April 19, 2011.
House Bill 200 – The Appropriations Act of 2011 limits the Department of Environment and Natural Resources, Department of Labor and Department of Agriculture and Consumer Services from imposing standards or limitations that are more restrictive than the Federal government. The Act became law on June 15, 2011.
House Bill 542 – An act to provide tort reform for North Carolina citizens and businesses was signed by the Governor and became law on June 24, 2011.
House Bill 619 – An act to specify the Secretary of Revenue’s authority to adjust net income of a corporation or to require a corporation to file a combined return was signed by the Governor and became law on June 30, 2011.
House Bill 709 – An act to Protect and Put NC Back to Work by reforming the Workers’ Compensation Act passed the House and Senate and was signed by the Governor on June 24, 2011.
Senate Bill 781 – An act to increase regulatory efficiency in order to balance job creation and environmental protection was vetoed by the Governor. The House and Senate overrode the Governor’s veto on July 25, 2011 and the bill became law.

5. The balanced budget passed by the House and Senate fully funds the teachers in the classroom, not the bureaucracy.

6. Senate Bill 8 entitled, “No Cap on Number of Charter Schools” passed the House and Senate with bipartisan support and has been signed by the Governor. The bill became law on June 17, 2011.

7. HB 351, titled “Restore Confidence in Government” requires voters to provide photo ID before voting and allows more flexibility when applying for absentee ballots. HB 351 was ratified by the House and Senate but vetoed by the Governor on June 23, 2011. The House was unable to override the Governor’s veto but because of a parliamentary procedure it is eligible for reconsideration.

8. The House and Senate have each introduced bills proposing a Constitutional Amendment that will protect private property rights. House Bill 8 titled, “Eminent Domain” passed the full House on a vote of 98 to 18 and now moves to the Senate.

9. HB 139 entitled, “Limit Contributions by State Vendors” discourages pay-to-play politics in North Carolina. The bill seeks to limit the campaign contributions of state vendors to Council of State offices with which they hold contracts. HB 139 passed the House on May 24^th and has been sent to the Senate.

Tax Credits for Children with Disabilities

Paul Stam, NC House Republican Leader — Fri, 26 Aug 2011 17:46:47 +0000

Tax Credits for Children with Disabilities is now law. See if you qualify…

2011 Republican Legislative Accomplishments

Paul Stam, NC House Republican Leader — Mon, 15 Aug 2011 17:44:21 +0000

Notable Republican Bills Signed Into Law

House Bill 36 – An act to require counties, cities and employers to use the Federal E-Verify program to verify the work authorization of newly hired employees was signed by the Governor on June 23, 2011.

House Bill 92 – An act to repeal the land transfer tax was signed into law by the Governor on March 31, 2011.

House Bill 112 – An act to realign the Districts for Wake County Superior Court Judge seats to provide for single member districts and equal representation in those districts was signed into law by the Governor on June 23, 2011.

House Bill 542 – An act to provide tort reform for North Carolina citizens and businesses was signed into law by the Governor on June 24, 2011.

House Bill 588 – An act requiring local boards of education to teach a semester long course in high school entitled, “American History I – The Founding Principles.” The course will include a study on The Creator – endowed inalienable rights of the people, rule of law, equal justice under law, private property rights, federalism, due process, individual responsibility, etc. The Governor made this act law on June 23, 2011.

House Bill 596 – An act to require that proceeds of certain dispositions of state-owned real property be used in part to support the general fund, in part to support the teachers’ and state employees’ retirement system of North Carolina, and in part to support the agencies to which the property was allocated; and to appropriate funds for these purposes. The bill became law by the Governor’s hand on June 27, 2011.

House Bill 642 – The Justice Reinvestment Act was signed into law on June 23, 2011 by the Governor. The act is a major reform of the North Carolina Justice system.

House Bill 650 – An act to provide when a person may use defensive force and to amend various gun laws regarding the right to own, possess, or carry a firearm in North Carolina was signed into law by the Governor on June 23, 2011.

House Bill 762 – An act to protect landowner’s rights was signed into law by the Governor on June 23, 2011.

House Bill 927 – An act to make changes to the statutes governing the teachers’ and state employees’ retirement system and the consolidated judicial retirement system to ensure the future solvency of those systems was signed into law by the Governor on June 23, 2011.

House Bill 289 – An act to authorize the Department of Motor Vehicles to issue various special registration plates including North Carolina Zoological Society, ARTS NC, North Carolina State Flag and Donate Life was signed by the Governor and became law on June 30, 2011.

House Bill 619 – An act to specify the Secretary of Revenue’s authority to adjust net income of a corporation or to require a corporation to file a combined return was signed by the Governor and became law on June 30, 2011.

Notable Republican Bills That Became Law without the Governor’s Signature

House Bill 48 – An act to reduce spending by eliminating statewide standardized testing in the public schools, except as required by Federal law or as a condition of a Federal grant. The bill became law on March 21, 2011.

House Bill 119 – An act to amend certain environmental and natural resources laws was presented to the Governor on June 20, 2011 and became law without her signature on July 1, 2011.

House Bill 744 – The “Safe Schools Act” states that a principal of any public school may shall require the parent or guardian of any child presented for admission for the first time to that school to furnish (i) a certified copy of the child’s birth certificate, which shall be furnished by the register of deeds of the county having on file the record of the birth of the child, or other satisfactory evidence of date of birth, as provided in Article 4 of Chapter 130A. The act became law on June 28, 2011.

House Bill 344 – An act to allow individual income tax credit for children with disabilities who require special education and to create a fund for special education and related services became law on July 1, 2011.

House Bill 845 – An act to reform the involuntary annexation laws of North Carolina became law on July 1, 2011.

Veto Overrides

Senate Bill 33 – An act to reform the laws relating to money judgment appeal bonds, bifurcation of trials in civil cases and medical liability became law on July 25, 2011 after the House and Senate voted to override the Governor’s veto.

Senate Bill 496 – An act to provide requirements of Medicaid and health choice providers became law on July 25, 2011 after the House and Senate voted to override the Governor’s veto.

Senate Bill 532 (HB 813) – An act to reform employment security laws by creating the Division of Employment Security within the Department of Commerce became law on July 26, 2011 after the House and Senate voted to override the Governor’s veto.

Senate Bill 781 – An act to increase regulatory efficiency in order to balance job creation and environmental protection was vetoed by the Governor. The House and Senate overrode the Governor’s veto on July 25, 2011 and the bill became law.

House Bill 200 – The Appropriations Act of 2011, otherwise known as the state budget, which was balanced and did not raise tax rates.

House Bill 854 – An act to require a 24-hour waiting period and the informed consent of a pregnant woman before an abortion may be performed became law on July 28, 2011 after the House and Senate voted to override the Governor’s veto.

100 Day Plan Legislative Update

Paul Stam, NC House Republican Leader — Mon, 15 Aug 2011 17:32:34 +0000

100 Day Legislative Update

August 15, 2011

1. Balanced Budget and Reduced Tax Rates

With bipartisan support, the House voted 73 – 46 to override the veto of Governor Bev Perdue. The House and Senate achieved this historic milestone on June 15, 2011.

This fulfills our first two promises to the people of North Carolina: A balanced budget and a budget that does not raise tax rates. Our budget contains the largest tax rate cut in the history of North Carolina. It makes our state more competitive with our neighbors again. It puts almost $1.5 billion back in to the hands of hard working North Carolinians. It is balanced. The business school at UNC Chapel Hill estimates that the Republican budget will create up to 14,900 new private sector jobs in North Carolina.

2. Protect Health Care Freedom Act

HB 2, protects North Carolinians from the “individual mandate” in the federal Patient Protection and Affordable Care Act (Obamacare), passed the House and Senate and was sent to the Governor. She Vetoed the bill. Republican leaders filed an Amicus Curiae (Friend of the Court) brief on May 11, 2011 to the 11^th Circuit Court of Appeals in Atlanta, Georgia. The Court of Appeals is now in deliberations.

3. North Carolina is a Right-to-Work state. Republicans will continue to support laws that secure the right of employees to decide for themselves whether or not to join a union. We will stop any legislation that allows collective bargaining.

4. Reducing regulatory burden on small business.

Both House and Senate members have proposed legislation to limit the financial burden of regulation on businesses.

Senate Bill 22 – An act to limit new agency regulatory requirements that result in substantial additional costs. SB 22 passed both chambers and was signed into law by the Governor on March 25, 2011.
House Bill 162 – An act to exempt certain activities related to small-scale processing of agricultural products from wastewater permit requirements. The bill passed the House and Senate and was signed by the Governoron April 19, 2011.
House Bill 200 – The Appropriations Act of 2011 limits the Department of Environment and Natural Resources, Department of Labor and Department of Agriculture and Consumer Services from imposing standards or limitations that are more restrictive than the Federal government. The Act became law on June 15, 2011.
House Bill 542 – An act to provide tort reform for North Carolina citizens and businesses was signed by the Governor and became law on June 24, 2011.
House Bill 619 – An act to specify the Secretary of Revenue’s authority to adjust net income of a corporation or to require a corporation to file a combined return was signed by the Governor and became law on June 30, 2011.
House Bill 709 – An act to Protect and Put NC Back to Work by reforming the Workers’ Compensation Act passed the House and Senate and was signed by the Governor on June 24, 2011.
Senate Bill 781 – An act to increase regulatory efficiency in order to balance job creation and environmental protection was vetoed by the Governor. The House and Senate overrode the Governor’s vetoon July 25, 2011 and the bill became law.

5. The balanced budget passed by the House and Senate fully funds the teachers in the classroom, not the bureaucracy.

7. HB 351, titled “Restore Confidence in Government” requires voters to provide photo ID before voting and allows more flexibility when applying for absentee ballots. HB 351 was ratified by the House and Senate but vetoedby the Governoron June 23, 2011. The House was unable to override the Governor’s veto but because of a parliamentary procedure it is eligible for reconsideration.

100 Day Plan Legislative Update

Paul Stam, NC House Republican Leader — Mon, 25 Apr 2011 16:02:49 +0000

North Carolina House of Representatives

100 Day Legislative Update

April 25, 2011

Budget Priorities

On April 14, 2011 the House and Senate passed HB 383, a continuing resolution budget, without raising tax rates. The measure allows the Governor to allocate funds for spending by State departments at a level that basically does not exceed expected revenues for the 2011-2012 fiscal years in case the House, Senate and Governor do not agree on a formal budget. On Saturday April 16, 2011, the Governor VETOED this measure so that she can demand tax rate increases.

Protect Health Care Freedom Act

HB 2, protects North Carolinians from the “individual mandate” in the federal Patient Protection and Affordable Care Act (Obamacare), passed the House and Senate and was sent to the Governor. She Vetoed the bill. Republican leaders will submit an Amicus Curiae (Friend of the Court) brief to the 11^th Circuit Court of Appeals.

North Carolina is a Right-to-Work state. Republicans will continue to support laws that secure the right of employees to decide for themselves whether or not to join a union. We will stop SB 386.

Reducing regulatory burden on small business.

Both House and Senate members have proposed legislation to limit the financial burden of regulation on businesses.

Senate Bill 22 – An act to limit new agency regulatory requirements that result in substantial additional costs. SB 22 passed both the Senate and House and was signed into law by the Governor on March 25, 2011.

House Bill 162 – An act to exempt certain activities related to small-scale processing of agricultural products from wastewater permit requirements. The bill passed the House and Senate and was ratified by the House on April 14, 2011.

House Bill 237 – An act to require economic impact statements on all bills that propose regulatory changes. The bill passed first reading of the House and is before the Committee on Commerce and Job Development.

House Bill 323 – An act to reduce the corporate income tax rate in North Carolina from 6.9% to 4.75%. HB 323 will be considered as part of the budget.

House Bill 800 – An act to create the North Carolina Jobs and Commerce Corporation Task Force to study the implementation of the transferring of economic development activities into a single entity is now before the House Committee on Commerce and Job Development.

The Joint Select Committee on Regulatory Reform held six meetings across the state beginning in Wilmington on March 11th. They heard suggestions from the public concerning burdensome regulations on individuals and business. The last meeting was held on Thursday, April 21^st in Raleigh, NC.

Senate Bill 8 entitled, “No Cap on Number of Charter Schools” passed the House on Monday evening, by a vote of 68 – 51. SB 8 received unanimous support from House Republicans and one courageous Democrat. Charter school legislation now heads to conference with the Senate. Representatives Stam, Samuelson and Brandon are House conferees to work with Senators Stevens, Graham and Soucek.

House Election Law Committee has held several committee meetings on HB 351, titled “Restore Confidence in Government.” The bill would require voters to provide photo ID before voting and allow more flexibility when applying for absentee ballots. HB 351 passed the Election Law committee and is now before the House Appropriations Committee.

The House and Senate have each introduced bills proposing a Constitutional Amendment that will protect private property rights. House Bill 8 titled, “Eminent Domain” passed the full House Judiciary committee. Debate on House Bill 8 has been rescheduled for Tuesday, April 26^th around 2:00 pm. Come watch or listen.

House Republicans moved one step closer to good government by passing House Bill 61 titled, “Speaker/Pro Tem Term Limits.” This constitutional amendment seeks to cap the number of consecutive legislative terms the Speaker or President Pro Tem of the Senate serves to no more than two. It passed 72 – 46, the bare minimum and now moves to the Senate. The Governor cannot veto a constitutional amendment.

House Republicans introduced HB 139 entitled, “Limit Contributions by State Vendors” as a measure to discourage pay-to-play politics in North Carolina. The bill seeks to limit the campaign contributions of state vendors to Council of State offices with which they hold contracts. HB 139 passed through Elections Committee on Wednesday and is headed to the floor.

Senate Bill 8 – Charter Schools

Paul Stam, NC House Republican Leader — Thu, 14 Apr 2011 14:24:47 +0000

On Monday evening, Senate Bill 8, “An Act to Remove the Cap on the Number of Charter Schools,” passed the House by a vote of 68 – 51. Despite its unanimous support from Republicans and one courageous Democrat, changes to the charter school legislation have raised questions by some as it now heads to conference. Let’s clarify some of the concerns surrounding Senate Bill 8:

The Cap

For 15 years the number of charter schools has been capped at 100. That cap will be removed.

Both House and Senate versions of the SB 8 remove the cap on charter schools, but the House version places a per year limit on charter creation at 50. While the original Senate version was unlimited, it was vigorously objected too. So the House and Senate bill sponsors, in consultation with charter advocates, suggested a limit of 50 charters per year, not including renewals.

Will the 50 per year limit take away the educational opportunity of students? And will “restart charters” or “charter lite” schools count against the per year limit?

We believe that 50 charters are more than would ever be approved in a year due to the application process. And “restart charters” or “charter lite” schools do not count against the yearly limit. They are not charter schools anyway.

Governance

Does SB 8 weaken charter school autonomy?

The Public Charter School’s Commission, eight of whose thirteen members will be appointed by Speaker Tillis and President Pro Tem Berger, make recommendations that must be considered by the State Board of Education. The consent of the State Board must not be unreasonably withheld. And if the State Board ultimately rejects a recommendation of the Commission; it must not do so in an arbitrary or capricious manner. That is legalese for the applicant can go straight to court if the State Board tries to play games. If the State Board of Education does not act on a commission recommendation within three months, then it is deemed approved.

If the bill only raised the cap on charter schools it would do nothing to improve the governance of charter schools.

Those who favor less interference with charters by the State Board of Education should welcome this new proposal.

Accountability

Will SB 8 unfairly raise the bar for termination and renewal of charters for non-performance?

No. The standards set forth in the current version of the bill are more lenient and practical than current State Board of Education policy which mandates the closing of a school if the charter school, for two or three consecutive school years, does not meet or exceed expected growth and has a Performance Composite below 60%.

Under SB 8, if a charter school is not meeting or exceeding expected growth, then a school improvement plan must be put into place rather than immediate termination. This is important because many charters specifically target “at-risk” students.

Funding

Do charter schools divert resources from traditional public schools?

Let me illustrate mathematically why this is not true. The exact figures may be uncertain but the point is the same regardless.

When a child leaves a traditional public school for a public charter school, approximately 70% – 80% of the funding that child receives goes with him to the charter school he attends. That means 20% – 30% of the money it costs to educate that child stays with the school that he left – in this case a traditional public school. So, the traditional public school no longer has to pay the cost of educating him and still gets to keep 20% – 30% of his allotted funding.

This is why having more public charter schools actually saves traditional public schools money.

However, some say “yes” but the total amount is still less. Not really. Because the growth in enrollment in charter schools is less than the total growth in enrollment of the entire traditional public school system, total resources (as well as per capita resources) have actually grown as well.

Long story short: charters do not divert resources from the public schools despite slogans to the contrary because (1) by law charter schools are public schools and (2) the funding mechanism established for them ensures that traditional public schools get more resources per student as and when more charters are established.

Other Advantages to SB 8 on Funds

Those who oppose the House version of Senate Bill 8 fail to consider the advantages of the current bill that go beyond lifting the cap. The advantages are numerous but chief among them is that for the first time counties would be allowed, at their option, to provide capital money for charters. Failure to include capital funding is what has put charters at a disadvantage financially. This bill makes it possible for charters to equalize funding.

Today, there is a cap on charter schools in North Carolina. Senate Bill 8 will remove it. Today, only 46 counties have charter schools. Senate Bill 8 will change that. This year thousands of North Carolina parents have no options in educating their children. Senate Bill 8 will give parents a choice.

Voucher Confusion Redux: A response to the NCAE

Paul Stam, NC House Republican Leader — Fri, 11 Feb 2011 22:28:09 +0000

Voucher confusion is back – only this time it is being promulgated by the Department of Public Instruction and the North Carolina Association of Educators (NCAE).

Recently, Chair Harrison and Superintendent Atkinson referred to the credits in House Bill 41 – Tax Fairness in Education – as “vouchers” when they are not. They either misunderstand the term or they are attempting to fool you. This bill provides tax credits, not vouchers. Furthermore, the transaction would be exclusively between the Department of Revenue and the families – no funds would go to a private school. The private school would not even know that the parent receives the credit.

Now the North Carolina Association of Educators is calling the tax credits in House Bill 41 “vouchers”. This is simply not true. Nor is it true when they say that House Bill 41 is a move to pull support or funding from public schools. The fiscal note demonstrates that this bill will save the state and county governments about $51 million a year while leaving somewhat fewer students in the public schools. That means there is more money in the general fund per student than without the bill. They have the facts exactly backwards.

A voucher is like a check drawn from a bank and authorized to be used as a credit against a particular purchase or expense. Vouchers differ from tax credits in that vouchers are given directly to the provider of a service. Our State does offer voucher programs for private services through early childhood education (Smart Start) and higher education (Legislative Tuition Grants). Each of these voucher programs is supported by the NCAE.

A tax credit on the other hand is given to the parents as a matter of tax policy. For example, House Bill 41 allows a parent whose child is enrolled in public school to receive a $2,500 tax credit if they decide to enroll their child in private school. By taking their child out of the public school system, the parent will be able to receive a $2,500 tax credit after they file their annual taxes.

The Fiscal Research Division of the North Carolina General Assembly estimates that the number of students whose parents will be eligible for the tax credit is between 8,000 and 15,000 – statewide. We are not talking about a mass exodus of students from the public schools system.

So how does North Carolina save money by giving out tax credits? Here is an example. Jimmy is a 5^th grader in public school. The average cost to educate him in North Carolina is approximately $8,450 per year. House Bill 41 becomes a law and Jimmy’s parents decide to transfer him to private school to start the 6^th grade. Because Jimmy left the public school system, the State no longer has to pay approximately $8,450 a year to educate him. The cost to keep Jimmy in public school is three times greater than the tax credit Jimmy’s parents will receive.

The state is facing a $3 billion shortfall in this year’s budget. House Bill 41 has so much potential to improve the public education system by saving the state money while alleviating strain on the classroom and teacher. It has the potential to save the state and local governments $51 million dollars a year while providing a better experience for public school students.

HB 41 – Tax Fairness in Education: A response to the Department of Public Instruction

Paul Stam, NC House Republican Leader — Fri, 11 Feb 2011 16:22:45 +0000

I recently read this News Release from our State Board of Education Chair and State Superintendent of Public Instruction.

Almost every fact contained in their news release is incorrect.

So that you will have the actual facts I here are links to the bill (HB-41), the fiscal memorandum by our non-partisan staff, as well as a PowerPoint prepared by my staff that explains the bill.

Here are some of the inaccuracies:

Chair Harrison and Superintendent Atkinson refer to these credits as “vouchers” when they are not. They either misunderstand the term or they are attempting to fool you. North Carolina does have vouchers for preschool education (Smart Start) and higher education (legislative tuition grants). This bill provides tax credits, not vouchers. Furthermore, the transaction would be exclusively between the Department of Revenue and the families – no funds would come directly to DPI or directly to a private school.

They tell you that private schools “function without public oversight or accountability”. That is not true. Each private school or home school student is required to have a nationally normed test every year. Those test results are open to inspection by the Governor, acting through the Department of Non-Public Instruction. That is more oversight than we have over the traditional public schools which do not use nationally normed tests for all students. It is difficult to criticize private schools by arguing that they function without accountability when one-third of our public middle school students are not at grade-level in reading or mathematics.

In addition, North Carolina’s high school graduation rate ranks near the bottom nationwide and its suspension and expulsion rates rank near the top. If we can provide students with an alternative environment that will help them reach their potential, then why should politics and agendas interfere with that?

The Chair and Superintendent say that the annual tuition ranges from $5,000 to $19,000 a year. That is not true. The tuition at many private schools is more like $2,500 and the fiscal note says the average in North Carolina is $7,694. A really fine group of schools in Wake County, Thales Academy, has an annual tuition of $5,000. They are correct that the public schools, in contrast, fund students at approximately $8,450 per student each year.

They say that this is a “move to pull support from public schools”. The fiscal note demonstrates that this bill will save the state and county governments about $51 million a year while leaving somewhat fewer students in the public schools. That means there is more money in the general fund per student than without the bill. They have the facts exactly backwards.

They refer to the tax credit as “taxpayer resources”, as if all money belongs to the state presumptively and a credit is a “taxpayer resource.” That may be true with some credits. But this credit, which demonstratively saves the state and counties money, is in no way a “taxpayer resource”.

The Chair and Superintendent claim that this bill would “violate the guiding principles for the 2011 Legislative Session” published February 3, 2011. But those guiding principles say nothing about this bill or any element in it. This bill does not give any directive for any action of the Department of Public Instruction.

I am surprised that the Department of Public Instruction has chosen to insert its opinion on a bill which has such potential for improving education for the public.

We have many challenges ahead in the next few months. I am disappointed that the Department has wandered so far outside of its own jurisdiction as they have done in this instance.

HB 41 – Tax Fairness in Education Fiscal Memorandum

Paul Stam — Thu, 10 Feb 2011 18:36:42 +0000