Civitas Review Online » Legislative Activity

Race-to-the-Top and its carnage

Bob Luebke — Wed, 28 Jul 2010 18:08:38 +0000

I think we’re all suppose to be giddy by yesterday’s announcement that North Carolina is a finalist in the scecond round for Federal Race to the Top Funds. I”ve spelled out my reasons why I don’t share in the excitement. However, now I can add another to the list.

To improve the state’s chances of qualifying for RttT funds, the conventional wisdom was North Carolina needed to either lift the cap on charter schools or improve the climate in which charter schools operate. This reality did not sit well with the major political and educational leaders in the state, most of whom oppose charter schools. So what did North Carolina do?

The legislature approved — and Gov. Perdue signed – a bill (SB 704). The new law allows the state to convert low-performing schools to charter schools (See my comments on SB 704) . This is bad for two reasons. First, since charter schools are subject to the same academic performance tests as traditional public schools, increasing the number of low-performing charter schools will not help the cause. But I guess those in power knew exactly what they were doing. Second, and more importantly, the legislation puts the local school board in charge of all low-performing charter schools. The legislation essentially redefines charter schools. Under this arrangement, I wonder how it is even possible for these schools to remain charter schools.

Sorry, but it’s not a good day for people who think administrative flexibility and innovation are two of the best ways to reform public education.

Governor Perdue Has Right Idea

Jason Sutton — Tue, 27 Jul 2010 20:03:11 +0000

Dare I say that Governor Perdue may be on to something? According to a recent article on WRAL.com, a good read by the way, the Governor is open to privatizing parts of the ABC System and legalizing video poker for the purpose of increasing tax revenue and allowing government to focus on its core missions of economic development and education. In principle, Governor Perdue is on the right track. State government should focus on its job of economic development and education; maintaining transportation infrastructure is also a priority.

Noting the contradictory stance the General Assembly has taken by allowing a state run lottery while banning privately run gambling in the form of video poker and sweepstakes games is an admission that the state’s policy on gambling is hypocritical. Perdue, having cast the tie-breaking vote on the state lottery in 2005, knows that to prevent being a hypocrite herself she must support private gambling ventures – though tightly regulated. Allowing video poker and sweepstakes games in addition to the state lottery, plus the tax revenues that would roll in as a result of taxing the games, would allow the state to focus on its core mission and eliminate the contradiction.

Privatization of the ABC would certainly be a hot issue if it ever received the full attention of the legislature and the public. With an outside evaluation of the system on its way, privatization of the archaic system may yet make its way into the limelight. If the General Assembly were to vote to privatize liquor sales, the tax revenue from such would likely rise dramatically. Currently, the ABC System attempts to limit liquor sales, thus depressing revenue. Proliferation of liquor availability would likely lead to even more increased sales volume and, therefore, more tax revenue. Thus, the state would have sufficient revenue to focus on economic development, transportation infrastructure and education.

While these ideas mentioned by Governor Perdue are worthy of consideration, privatizing liquor sales and allowing video poker and sweepstakes games are by no means an exhaustive list of ideas to maximize the efficiency and effectiveness of state government and cover revenue gaps. Furthermore, Governor Perdue may not agree with what conservatives consider to be the best economic development strategies. However, the Governor should be given credit for understanding that our state government as it currently exists is unsustainable and in need of a shakeup.

New Commission Could Acquire Alcoa’s Dams

Jason Sutton — Wed, 21 Jul 2010 19:01:18 +0000

The General Assembly has created an avenue through which the state may strike a blow to property rights. As reported in the Charlotte Observer on Monday, the General Assembly passed HB972 which is an act to create the Uwharrie Regional Resources Commission. The bill was sponsored by Rep. Cullie Tarleton (D-Watauga) and passed unanimously in the Senate (48-0) and by a large margin in the House (77-21). All 21 representatives voting in the negative were Republicans.

In the bill, the Commission was granted broad authority to enter contracts, own and lease property and “execute all instruments necessary or appropriate to achieve the purposes of the Commission.” It just so happens that the area over which the Commission was granted jurisdiction includes the four dams owned by Alcoa which Governor Perdue has expressed interest in the state commandeering. The governor believes that the state should be the steward of the hydroelectric power produced by the dams as opposed to the current arrangement where Alcoa sells the power.

Governor Perdue has acted to delay the federal relicensing process for Alcoa which is necessary for the business to continue operating the dams and selling power. This, along with the creation of the Uwharrie Regional Resources Commission, signals Governor Perdue’s intention to acquire for the state a well-functioning private enterprise and denotes a fundamentally statist belief system.

Wake Diversity Policy is a Potential Election Issue

Jason Sutton — Mon, 19 Jul 2010 15:47:14 +0000

Per the News & Observer, recent legislation commissioned a group to study the impact of school assignment policies based on socioeconomic status, which, by proxy, is an unabashedly racial policy. The study commission will examine whether the socioeconomic (race) based assignment policies, that lead to busing students long distances in an effort to achieve racially diverse schools, impact the value of education. Also, the commission may suggest that the General Assembly adopt funding formulas that push local school districts to adopt assignment policies similar to the one that the popularly elected Wake County School Board is in the process of dismantling.

Considering that the General Assembly may take action to commandeer school assignment authority currently granted to local school boards, breaking with the notion that the government closest to the people governs best and is most reflective of public opinion, the issue currently dominating Wake County politics may thrust itself into legislative campaigns across the state. If the General Assembly does enact a coercive funding formula designed to implement racial diversity policies across the state against the will of local school boards, perhaps voters should ask candidates if they support the Wake County diversity policy supported by the NAACP and its leader, Rev. William Barber. Electing candidates that support the race-based assignment policy may result in busing in districts across the state. People across North Carolina have undoubtedly paid close attention to what’s going on in Wake County schools. With the results of the legislative study committee pending, busing and the racial diversity policy being phased out in Wake County could be be coming to a school district near you.

DNA Sampling Bill Signed

Jessica Anderson — Thu, 15 Jul 2010 14:24:31 +0000

This morning Governor Perdue will sign the DNA sampling bill in Greenville, NC (you can follow the live tweet of the signing here). HB1403, “Collecting DNA Sample on Arrest,” requires police to take DNA samples of suspects charged with serious crimes, including murder or rape. Then, the DNA sample will be entered into a larger DNA database with the hope of solving cold cases.

Civitas interns debated whether the bill infringed on our liberties or provides greater security here. And another intern pointed out the potential financial aid the state would gain if the bill were passed.

While the discussion of what conservatives and libertarians believe may be split, one point is clear, DNA sampling does help solve cases. According to WRAL, “the state’s DNA database has helped solve more than 1,400 cases.” In opening up DNA sampling to a greater population we can expect more cases to be solved after the legislation takes effect on February 1, 2011.

What do you think? Should DNA samples be collected when a suspected felon is arrested?

Government Hires Workers, College Students Pay

Jason Sutton — Wed, 14 Jul 2010 16:34:52 +0000

With college students facing rising tuition costs to compensate for lost general fund appropriations, which went instead to hire 894 additional government workers, every step should have been taken to ease the pain of this year’s budget cuts in the public higher education sector. However, every practicable step was not taken.

For example, Rep. George Cleveland (R-Onslow) proposed an amendment to the House budget, which passed, that would have required the Morehead-Cain and Park Scholarship Foundations to pay out-of-state tuition for out-of-state scholarship recipients. Currently both scholarship foundations, which provide prestigious full scholarships to students and UNC Chapel Hill and NC State respectively, pay in-state tuition for recipients regardless of residency. In-state tuition is more than $10,000 cheaper than out-of-state tuition at both universities. The amendment, which would have saved the state $6 million according to Cleveland’s amendment, was not included in the final budget. A similar amendment requiring scholarships paying for out-of-state athletes to pay out-of-state tuition was included in the budget. Previously, all athletic scholarships paid in-state tuition. This measure saved the state $9.4 million. What differentiates academic scholarships from athletic scholarships and why did the state not move to save $6 million more for the universities?

U.S. Rep. Walter Jones (NC-3) Votes for Wall Street’s Bad Bill

Katie Trout — Mon, 12 Jul 2010 17:57:30 +0000

The Truth or Dare blog points out that U.S. Rep. Walter Jones (NC-3) was one of only three Republicans who voted for the “Wall Street Reform” legislation last week, a bill that even 18 Democrats chose not to support.

The bill, listing just a few aspects of what it contains, dictates hiring quotas for financial firms, allows the federal government to take over what it deems “troubled” firms, and will regulate credit cards through the Bureau of Consumer Financial Protection.

The blogger contacted Rep. Jones’ office and asked for a statement regarding his decision to vote yes on the bill. A portion of his reply follows:

“With regards to the financial regulatory reform legislation, the Congressman acknowledges that the bill is far from perfect. There are many aspects of it he does not support, and it did not address some of the major problems that caused the financial crisis, namely Fannie Mae and Freddie Mac. However, it did include several provisions that he believes are important to reforming the financial sector and protecting American taxpayers and investors. For example, among other things, the Congressman strongly shares Congressman Ron Paul’s belief in the need to audit the Federal Reserve, which this bill will require. It also dramatically improves oversight and accountability of the derivatives market, the highly complex instruments which Warren Buffet has called ‘financial weapons of mass destruction.’”

She raises some good questions in response: what provisions does he support or oppose? What questions did he ask about the legislation before voting? And why pass such a bill before November?

The two other Republicans who voted for the measure were Rep. Joseph Cao (R-LA) and Rep. Castle (R-DE). Be sure to read the rest of Lisa’s questions to Rep. Jones as she continues to follow up with him.

You can still “pay to play”

Matt Willoughby — Sat, 10 Jul 2010 12:27:20 +0000

State legislators left town early Saturday morning after passing an ethics package but it was missing a key provision. Campaign finance reform advocates wanted a new rule limiting contributions from contractors who deal with state agencies. It would also curtail donations from managers of financial funds to a candidate for State Treasurer.

A source told us that’s the part to which State Treasurer Janet Cowell objected, a reversal of her initial approval.

The Senate couldn’t gain approval for Senate bill 20 which would have set up public financing for the Treaurer’s race, so Cowell and other candidates will still have to rely on contributions. Those who oversee investment funds which the State Treasurer’s office selects for the State Retirement Fund can now continue to funnel donations to a campaign at the current level.

Daycare Goes Kosher – Nanny Bill Passes Senate

Andrew Henson — Fri, 09 Jul 2010 18:40:45 +0000

“Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.”
- C. S. Lewis

Our state’s slow, steady procession of totalitarian incrementalism continues with House Bill 1726, the latest installment of government intrusion on the legislative assembly line which has just passed the Senate. This bill, sponsored by Rep. Jennifer Weiss (D – Wake), Rep. Bob England (D – Rutherford), Rep. Marian McLawhorn (D – Pitt), and Rep. Douglas Yongue (D – Scotland), represents a big step towards a veritable “nanny state,” as it seeks to subject children in child care facilities to a strict dietary regimen, courtesy of big brother. HB 1726 directs the Child Care Commission to “consider” a laundry list of stipulations regarding children’s nutritional intake that would turn something as innocent as daycare snack time into a mountain of red tape. These impositions include:

Limiting or prohibiting the serving of sweetened beverages, other than 100% fruit juice, to children of any age.
Limiting or prohibiting the serving of whole milk to children two years of age or older or flavored milk to children of any age. (Yes, they are in fact trying to do away with chocolate milk).
Limiting or prohibiting the serving of more than six ounces of juice per day to children of any age.
Limiting or prohibiting the serving of juice from a bottle.

This bill would further mandate, in addition to “kosher” kiddie meals, that children receive a nap time and a designated amount of time spent outdoors. These activities, however, are simply what is expected from daycare facilities, and if these activities were not provided by said daycare center, many parents would simply find a different daycare service provider. Moreover, this provision is indicative of government’s irresistible propensity to circumscribe societal affairs and practices via legislation, even when legislation is not necessary to ensure that those practices are properly carried out. In this example, the invisible hand would be more than sufficient to provide what the public would expect from a day care facility.

When the state is in a position to micromanage childcare activities and impose strict dietary laws that seem as though they could be found in Deuteronomy, there is a problem. This instance is a mere microcosm of the gradual centralization and consolidation of power that occurs when it is left unchecked. When the public is complacent or information of government activity has not properly disseminated amongst the demos, the vines of government red tape are able to extend a few inches more, constricting additional public freedoms. It is up to concerned citizens to stand athwart the totalitarian intrusions of the state and preserve their liberty.

“Technical” Corrections Bill Guts Illegal Immigrant DUI Reporting Requirement

Chris Hayes — Fri, 09 Jul 2010 13:21:24 +0000

It always happens.

Every year the General Assembly attempts to make substantive policy changes through the end of session “technical” corrections bill that is designed to only make necessary error-fixing and clarifying changes.

This year, the bill SB 1242, would gut an existing provision that requires local law enforcement agencies to report the number of illegal immigrants they arrest for DUI to state authorities and compile an annual report on the number of instances.

The following section would be stricken from statute:

(d) The administrator or other person in charge of the facility shall annually report the
30 number of queries performed under subsection (b) of this section and the results of those
31 queries to the Governor’s Crime Commission of the Department of Crime Control and Public
32 Safety. The Governor’s Crime Commission shall make the reports available to the public.”

Under this change, law enforcement would still be required to check with Department of Homeland Security on the immigration status of the drunk driver, but would not have to keep count or record how many illegal immigrant DUI arrests are made.

Is the problem of illegal immigrants drinking while driving so bad that the General Assembly and Governor want to bury the report and hide its true impact? It sure seems so.