“But with Pat McCrory and the Republican leadership in the legislature, North Carolina has lost its vision and the people have lost opportunities and our present and our future have been damaged. This legislature, with Pat McCrory’s encouragement, has limited opportunity by cutting education unduly…

…

I don’t believe our classrooms are full of fraud and waste. I think about that second-grade teacher who has not had a raise in the past three years – but who continues to spend a good chunk of her salary on classroom supplies. She’s seen her class sizes grow larger and, thanks to the Republican budget this year, no longer has a teacher assistant to help her educate tomorrow’s workers and leaders. I say to all of North Carolina, we can do better.”

However, Governor Perdue’s proposed budget for K-12 public education was only about $15 million (2 tenths of one percent) more than the 2011- 12 K-12 education budget the legislature actually adopted over her veto. So, why would Lt. Governor Walter Dalton not blast Governor Perdue over her budget as well? Here are the facts on the K-12 Education Budget for 2011-12.

There is less than 1 percent difference between the direct appropriations for K-12 public education budget than the Governor proposed. The nominal difference is 1.43 percent directly appropriated in the ratified budget. But after taking into account that the More at Four Program was shifted to the Department of Health and Human Services ($65,011,651 was taken from the Department of Public Instruction and used by the Department Health and Human Services) for prekindergarten programs the adjusted difference is 0.57 percent.

But another adjustment needs to be made: The General Assembly provided $28,261,830 more to counties in lottery money for a final difference of $14, 947,374. This is 0.19 percent out of a total appropriation of $7,707,586,791 for the Governor and $7,692,639,417 for the General Assembly. The General Assembly appropriated 99.8 percent of what the Governor asked for K-12 education for 2011-12.

In providing a balanced budget during an extraordinary difficult economy, the Assembly provided only about $15 million less than the Governor even requested. That is less than a rounding error.

“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.”

This Marriage Amendment would recognize only domestic legal unions between one man and one woman.  Domestic partnerships or civil unions, whether opposite-sex or same-sex, would not be valid or recognized here.  The Amendment would prohibit the government from creating “same sex marriage”  

The meaning of “legal union” as a judicially recognized status is concrete and clear in the context of family relationships.  In federal law, “’marriage’ means only a legal union between one man and one woman as husband and wife…” 1 U.S.C. §7 (2005).  This  definition of marriage in federal law is consistent with the long-standing definition:   marriage is the “[l]egal union of one man and one woman as husband and wife.”  BLACK’S LAW DICTIONARY 876 (5^th ed. 1979).  The word “domestic” was added to the words “legal union” to clarify that other legal arrangements, such as business partnerships, would not be affected by this amendment.

Any benefits extended by government to a person based on a domestic legal union other than marriage would be prohibited.  But Government could still extend employment benefits that impact or benefit non-married domestic households.  The extension of such benefits, however, could not be predicated only upon the status of a domestic relationship other than marriage.  For example, a city could still allow an employee to pick one other person of his or her choice to be the beneficiary for health insurance.

The second sentence of the Amendment makes clear that the Amendment would not prohibit private companies from entering into private contracts based on relationships chosen by the company.  Private employers, for example, could continue to offer domestic partnership or civil union benefits to an employee’s same sex or opposite sex partner.  The Amendment would prohibit the government from forcing a company to provide such benefit.

During the debate I was amazed at the baseless claims made by opponents. Several continue to be repeated by the media. Let’s set the record straight:

1.  The Marriage Amendment will not adversely affect North Carolina’s economy.  A 2011report by the American Legislative Exchange Council ranked states by economic performance between 1999 and 2009 and by economic outlook.  8 of the top 10 economically performing states have marriage amendments. None have legalized same sex marriage, civil unions or domestic partnerships.  9 of the 10 states forecasted to have the poorest economic growth have legalized same sex marriage, civil unions and/or domestic partnerships. 

2.  The Marriage Amendment Will Not Affect The Enforcement Of Domestic Violence Laws.  Opponents would have you think the Amendment obliterates our domestic violence law.  The cases they use as authority are Ohio appellate cases later overturned by the Ohio Supreme Court which found the domestic violence statutes consistent with the state’s marriage amendment.  In Kansas the outcome was the same.  Marriage amendments have had no effect on the enforcement of domestic violence statutes.  30 other states have marriage amendments.  In all 30 states domestic violence laws continue to be enforced. I have read and reread our domestic violence statutes.  I am unable to even comprehend the logic of this objection.

3.  Legally Recognizing Only Heterosexual Marriage Isn’t Discrimination Against Homosexuals Wanting To Marry.  Marriage between a man and a woman has existed in virtually every known society. It has served the purpose of channeling procreative sexual activity into an institution which will provide a stable environment for children produced from the sexual union of the partners in marriage. Recognizing that heterosexual marriage has provided the best environment for the rearing of future citizens North Carolina has regulated marriage for at least 340 years.   Same sex marriage is an entirely different relationship with a completely different purpose.  Expanding the marital institution to other relationships which serve completely different purposes ultimately undermines the institution which has proven to be the best and safest environment for children.

4. The Amendment Will Not Nullify Medical Powers of Attorney (MPOAs), Wills and Trusts if the parties are homosexual partners.

Under G.S. 32A-18 “any competent person who is not engaged in providing health care to the principal for renumeration, and who is 18 years of age or older, may act as a health care agent.”  The relationship between the patient and the designated agent does not matter. The intent of the testator and trustor is the “gold standard” in NC for interpreting wills and trusts.  The Amendment does not change the intent of the testator in either type of these instruments.  The Amendment explicitly states that it will not affect the rights of parties to enter into private contractual agreements.

5. The Marriage Amendment Will Not Determine the Custody and Visitation Rights of Unmarried Parents Unless Their Behavior Affects the Child.  Custody orders are based on the “parent”/child relationship, not on the domestic relationship between the “parents”.  Courts have based custody and visitation on the “best interest of the child.” NCGS 50-13.2(2007)  The sexual behavior of the party petitioning for custody or visitation is not determinative except as it affects the child.  

The “de facto parenting doctrine” was applied in 2010 in Boseman v. Jarrell.  The Supreme Court refused to allow adoption to an unmarried same sex partner but did award joint custody and visitation rights to that non-biological same sex partner who had become a de facto parent to the child.

There is a real threat to the institution of marriage.  In several states same sex marriage has been imposed upon the people by courts that have engaged in tortured judicial reasoning – Massachusetts and Iowa for example.  These courts have used the state constitutions to reverse the very pro marriage policies that were in effect when the state constitution was adopted.

Now it’s happening in North Carolina.  Same sex couples in Asheville went to the Courthouse for two weeks last fall seeking to obtain marriage licenses.  A lawsuit was filed by the Register of Deeds of Guilford County in December challenging our state’s marriage laws and asking the Court to declare them unconstitutional because they don’t allow same-sex partners to “marry”.

This Marriage Amendment will ensure that marriage between one man and one woman will be protected from result-oriented judges.  

Voters will decide on May 8th.

For more information please visit www.VoteFORMarriageNC.com

Balanced Budget:  On June 15^th, 2011, the House voted 73 – 46 to override the veto of Governor Bev Perdue to balance the state’s budget. 

Lowered Tax Rates:    The budget contained the largest tax rate cut in the history of North Carolina.  It makes our state more competitive with our neighbors.  It puts almost $1.5 billion each year back into the hands of North Carolinians.

Cuts taxes for EVERY North Carolinian by allowing temporary sales and personal income taxes to expire, reducing the state’s sales tax from 7.75% to 6.75%.  Part of this tax goes to counties.  The State’s share was reduced 20 percent – from 5.75% to 4.75%.

Regulatory Reform:    Legislation to limit the burden of regulation on businesses became law.

                                    Senate Bill 22 – An act to limit new agency regulatory requirements that result in substantial additional costs.

                                    House Bill 542 – An act to provide tort reform for North Carolina.

                                    House Bill 709 – An act to Protect and Put NC Back to Work by reforming the Workers’ Compensation Act.

                                    Senate Bill 781 – The Regulatory Reform act to increase regulatory efficiency in order to balance job creation and environmental protection.

Jobs

Small Business:           A $50,000 personal income tax deduction for active business income. The deduction provides tax relief to 450,000 business owners in 2012 and 2013.

Education

Funding:  The budget fully funds the teachers in the classroom, not the bureaucracy.

Policy:  Senate Bill 8, “No Cap on Number of Charter Schools”.  Already new charter schools have been authorized.  More enrollment growth is allowed in existing charters.

House Bill 344 – allows individual income tax credit for children with disabilities who desire private education and creates a new fund for special education in the public schools.

House Bill 48– Eliminatessome end of grade testing in the public schools, except as required by Federal law or as a condition of a Federal grant.

House Bill 588 – Requires public schools to teach a semester 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. 

Senate Bill 727—Ended the State’s collection of union dues in education.

Healthcare

Protect Freedom:  House Bill 2 protects North Carolinians from the “individual mandate” in the federal Patient Protection and Affordable Care Act (Obamacare).  The Governor vetoed it.  Republican leaders filed an Amicus Curiae (Friend of the Court) brief to the 11th Circuit Court of Appeals.  The Court of Appeals ruled 2-1 in favor of the states.  The U.S. Supreme Court will decide by June 2012.

Property Rights

Protections:  House Bill 92 – Repeal the land transfer tax.

                               House Bill 762 – Protect landowner’s rights.

                               House Bill 845 – Reform the involuntary annexation laws.

The House passed 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.  The Senate will vote in May 2012.

Illegal Immigration

Protection:  House Bill 744 – The “Safe Schools Act”.  A principal of any public school shall require the parent or guardian of any child presented for admission for the first time to that school to furnish a certified copy of the child’s birth certificateor other satisfactory evidence of date of birth. 

House Bill 36 – Requires government and larger employers to use the Federal E-Verify program to verify newly hired employees.

Family

Marriage:  A referendum on a constitutional amendment to define marriage as only between one man and one woman will be held May 8, 2012.

Pro-Life

Legislation:  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 after the House and Senate voted to override the Governor’s veto.  One section only (ultrasound) has been enjoined by a federal court while another federal court has approved the Texas version.

House Bill 289 – Authorizes 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.  A federal court has preliminarily enjoined only the “Choose Life” plate.

Permanently ended state funding of abortion in Medicaid and in the State Health Plan, except in cases of rape or incest or when the mother’s life would be in danger.

House Bill 215 – Unborn Victims of Violence Act allows the murderer of a pregnant woman to be charged with the crime of also killing the unborn child.

Election Law

Photo ID:  House Bill 351, “Restore Confidence in Government” requires voters to provide photo ID and allows more flexibility when applying for absentee ballots.  It was vetoed by the Governor on June 23, 2011.  The House was unable to override the Governor’s veto.  Because of a parliamentary procedure it is eligible for reconsideration in May 2012.

Criminal Justice

Senate Bill 9 – Restores the death penalty for first degree murder.  The Senate has overridden the Governor’s veto.  The House will vote in May.

House Bill 642, the Justice Reinvestment Act, restores balance in the criminal justice system.  While treating more serious crimes even more seriously it saves valuable prison space by releasing less violent criminals earlier.  It strengthens the probation system.

House failed to override veto:3/9/11

• Amicus brief from NC Republican Leaders submitted to the Court of Appeals

HB 3: Exclusionary Rule/Good Faith Exception(Stam, Ingle, Faircloth)

Ch. SL 2011-6:3/21/11

HB 8: Eminent Domain(Stam, Lewis, McGrady)

Senate Judiciary I: 5/2/11

• Will be considered by the Senate in September

HB 27: Forensic Sciences Act (Glazier, Stam, Michaux, Jackson)

Ch. SL 2011-19: 3/31/11

HB 40: Honor John Weatherly (Hastings, T. Moore, Hager, Stam)

Adopted: 2/21/11

HB 41: Tax Fairness in Education (Stam, Hager, Collins, Brawley)

Education: 2/7/11              

HB 112: Realign Wake Superior Court Districts (Dollar, Stam, Avila, Murry)

Ch. SL 2011-203: 6/23/11             

HB 139: Limit Contributions by State Vendors (Stam, Ross, Glazier, McGee)

Senate Judiciary I: 5/25/11            

HB 226: Prohibit Sweepstakes Devices

(Rapp, Sanderson, Glazier, Stam)

Commerce: 3/3/2011   

HB 312: Register of Deeds

(Haire, Stevens, Stam, Spear)

Ch. SL 2011-246: 6/23/2011

HB 325: Judicial Appointment/Voter Confirmation(Rhyne, M. Alexander, Stam, Glazier)

Rules: 3/14/2011       

• To be considered in September

HB 344: Tax Credits for Children with Disabilities

(Stam, Randleman, Jordan, Jones)

Ch. SL 2011-395: 7/1/2011    

HB 358: Apex/Cary Annexation Into Chatham Restricted(Hackney, Stam)

Ch. SL 2011-151:  6/16/2011

HB 472: City/County Electronic Notice(McGrady, Stam, Owens, Jackson)

Rules: 5/24/2011      

HB 489: Mechanics Lien and Bond Law Changes(Pridgen, Stam, Martin)

Senate Judiciary I: 6/1/2011

• Became Section 2.6 of  HB 773 – Studies Act of 2011

HB 494: Continuous Alcohol Monitoring Law Changes(M. Alexander, Guice, T. Moore, Stam)

Senate Rules: 6/10/2011

• Portions of this bill were implemented as part of HB 49 – Ch. SL 2011-191

HB 502: Preserve Biological Evidence/Custodial Agency(Glazier, Stam, Jackson, Michaux)

Judiciary B: 3/30/2011

• Became Sections 1 & 2 of HB 778 – Amend Innocence Commission Laws

HB 596: Transfer Surplus Prop. to Retirement System(Hastings, Stam, Crawford)

Ch. SL 2011-373: 6/27/2011   

HB 609: Promote Water Supply Development(McGrady, Stam, Gillespie, Carney)

Ch. SL 2011-374: 6/27/2011   

HB 615: No Discriminatory Purpose in Death Penalty(Burr, Stevens, Ingle, Stam)

Judiciary B: 4/5/2011

• Passed the House as SB 9 – No Discriminatory Purpose in Death Penalty.  Currently in Senate Judiciary I.

HB 638: Uniform Faithful Presidential Electors Act(Jordan, Stam)

Senate Judiciary I: 5/23/2011  

HB 658: Change Early Voting Period(Jones, Stam, Collins, Sager)

Senate Judiciary I: 5/23/2011  

HB 713: Public Contracts/Multiple Awards

(Stam, Lewis, Murry)

Ch. SL 2011-360: 6/27/2011   

HB 741: Amend Lab Accreditation Effective Datep(Barnhart, Stam)

Passed 3^rd Reading: 6/9/2011

• Became law as Section 9 of SB 684 – Ch. SL 2011-307

HB 779: Electronic Recording/Custodial Interrogations(Glazier, Stam, Faircloth, Hackney)

Senate Judiciary II: 5/2/2011

• Became law as Section 2 of SB 241 – Ch. SL 2011-329

HB 787: NC Water Efficiency Act

(McGrady, Samuelson, Stam, Harrison)

Sen. Agriculture/ENR: 6/8/2011

• Became law as Sections 3.1-3.5 of HB 609 –  Ch. SL 2011-374

HB 805: Additional Name Change Requirements

(Stam, Spear, Randleman)

Ch. SL 2011-303: 6/24/2011  

HB 806: Zoning St. of Limit./Ag. Dist. Change

(Jordan, Stam, Moffitt, Stevens)

Ch. SL 2011-384: 6/27/2011   

HB 814: Fair Compensation for Mortgage Broker/Lender(Collins, Stam, Faircloth)

Rules: 5/10/2011       

• Became Section 2.26 of HB 773 – Studies Act of 2011

HB 833: Honor State Capitol

(Starnes, Stam, Dollar, Torbett)

Adopted: 4/12/2011    

HB 886: Increase Charitable Contribution Deduction(Moffitt, Brawley, Stam, Setzer)

Senate Finance:  6/15/2011

• 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.

The state’s first attempt to amend the constitution to define marriage was proposed in 2003 by Democrats and Republicans.  Subsequent amendments have received bi-partisan support for more than eight years but were held in committee by former House and Senate leaders. 

North Carolina is the only state in the southeast that does not have a constitutional amendment defining marriage.  Other states have acted because activist judges in other states have overturned state statutes that define marriage.  Today, legislators decided to give voters the ability to define marriage at the ballot box.

According to Forbes Magazine ranking of best business climates, eight out of the top ten states have defined marriage in their state constitution.

As business communities look for government to provide stable economic environments, protecting marriage from re-definition by the courts safeguards the freedom and flexibility to offer employee benefits based on business decisions.  It protects business from additional government-imposed benefit packages. 

The measure will now be put before voters in a statewide referendum to be held during the May primary.

Raleigh – Former Speaker of the House (and now Minority Leader) Joe Hackney (D-Orange) continues to accuse the membership and leadership of both the Democratic and Republican parties of engaging in a “form of hate speech.”

On August 30, 2011, Speaker Hackney responded to a press conference held by Republican legislative leaders on the proposed constitutional amendment to define marriage.  He stated, “This proposed constitutional amendment runs against the tide of history, and has become a form of hate speech.” 

While there are major procedural differences between the “No Same Sex Marriage” statute of 1996 (SB 1487) and the proposed constitutional amendment, the policy is exactly the same:  North Carolina will not recognize same sex marriages – whether performed in-state or out of state.  On this point the “marriage amendment” is identical with the law that Gov. Bev Perdue and Attorney General Roy Cooper voted for as Senators in 1996. 

But if Speaker Hackney claims that only a constitutional amendment (but not a statute) can be considered a “form of hate speech,” it would be well for him to remember the ten current Democratic members of the House who have sponsored this constitutional amendment, which was first proposed jointly by Democrats and Republicans during the 2003-2004 legislative sessions.  Their names are:

Rep. Larry Bell                           Rep. Bill Owens              Rep. Timothy Spear

Rep. William Brisson                  Rep. Annie Mobley         Rep. Michael Wray

Rep. James Crawford*                Rep. Earline Parmon*                   

Rep. Dewey Hill*                         Rep. Garland Pierce                       

*Denotes Primary Sponsorship

Speaker Hackney is now accusing them of having engaged in a “form of hate speech.”

Since Speaker Hackney voted for the same policy in 1996, should he apologize now to everyone for having engaged in a “form hate speech” himself?

To view the legislation from 1996, Speaker Hackney’s vote and the votes from Governor Perdue and Attorney General Roy Cooper, click the links below:

Senate Bill 1487 – “No Same Sex Marriages”

Senate Vote on SB 1487

House Vote on SB 1487

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.

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.  
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.  

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 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.  

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.