Newsletters
| Special Edition Newsletter, August 2010 | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
A Very Special Request on Behalf of our Children…
I was very touched at the extra effort of our Shelby Star newspaper publisher when he sent the below email announcement today. This is what hometown leaders and media is all about….making a community better!
No, I’m not looking for ‘points’ from our publisher! I don’t have an election… just simply have the same heartfelt motive that Skip Foster had when he wrote the below and sent it to a list of community leaders.
I hope you will be one of the people that will take action and join us at the Cleveland County Fairgrounds to “Connect, Commit to Change” and work to make a real difference in these children’s lives. See below….
A letter from Skip Foster, Publisher, Star
Dear Friends:
I am writing to let you know about something very important to me and to ask for your help.
Saturday, Aug. 21 is the “Connect, Commit to Change” event that you have (hopefully) seen publicized in The Star and elsewhere.
On behalf of the organizing committee, I am humbly asking you to participate.
Over the past year, we have written stories about some of the unacceptably horrific conditions in which our children live.
- One story was about an intermediate school student whose shoes were soaked in cat urine. When school officials collected money and purchased him new shoes, his mother promptly sold them for drug money.
- We’ve written about a grandmother who allowed a young girl to sleep in the same bed as her boyfriend – a registered sex offender.
- One story highlighted the number of children whose only meal of the day is their school lunch.
And on and on.
And so, on Aug. 21st, we follow the sage wisdom of Margaret Mead: “Never doubt that a small group of committed people can change the world. Indeed, it is the only thing that ever has.”
Here is more on the event.
What I’m asking of you is this:
1. Connect. Come to the fairgrounds on Aug. 21 sometime between 10 a.m. and 2 p.m. Come and look at the organizations asking for you to help them, on behalf of Cleveland County’s abused, neglected or otherwise unloved children.
2. Commit. Tell one of these organizations you will donate your time or talent to helping them help young people.
3. Spread the word. Forward this email to everyone local on your email list. Tell them you have committed to connecting and committing to change and urge them to do likewise.
Just think of the power of 100 new mentors or 500 new lunch buddies or 50 new boys and girls club volunteers or 1,000 new school volunteers!
Is there any excuse that can justify allowing so many children right here in our own community to be abandoned? If you are already doing something, I humbly ask you to do more. If you are already doing a lot, I boldly ask you to see how far you can soar. And if you aren’t doing anything to help our children, then I challenge you to take this first step. I promise you it will be more rewarding than you could possibly imagine.
Thanks for reading this until the end and please let me know if you have any questions – my contact information is below.
If you’d like to share with this mail list that you plan to attend, that would be great (would be nice to have my email filled with good news rather than typical spam!).
Best regards,
Skip
Skip Foster
Publisher
The Shelby Star
www.shelbystar.com
315 E. Graham St.
Shelby, N.C.
Work: 704 669-3301
Mobile: 704 473-0531
Blog: http://sfosterstar.freedomblogging.com/
Social media: Facebook
| August 5, 2010 Newsletter | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
Although the Short Session has been adjourned for several weeks now, I have stayed quite busy with my marketing business as well as preparing for the upcoming Session in January. I continue to maintain a constituent office in Shelby as well as Raleigh and am always willing to handle any concerns you may have during the interim. Below I have discussed some recent issues you may be interested in and as always please call our office if we can be of assistance to you or your family and enjoy the rest of your summer.
Smith’s Drugs of Forest City makes cover of Our State Magazine!
In the July issue of Our State, Rutherford County’s Smith’s Drugs is featured on the cover. Most of you know Smith’s Drugs for its famous pimento cheese sandwich which is praised in the magazine article. I like the pimento cheese but I love the egg salad too. Drop in for a sandwich when you are in the area.
Jenkins Foods of Cleveland County is also highlighted in the magazine focusing on their coveted livermush. Of course that is an old family favorite and the star breakfast at the Shelby Café.
Be sure to pick up a copy of Our State this month!
North Carolina Senate and Guest Chaplains
Many of you have contacted me concerning the guidelines for Guest Chaplains because of the controversy in the State House. For the record, the NC Senate has no guidelines regarding the use of “Jesus” and prayers are not pre-screened or approved. Individual Senators request or nominate Guest Chaplains and they are automatically invited by the Senate Principal Clerk and there are no known instances when a request has been denied.
On the Economy…a federal policy perspective!
Stimulus funds have been spent in amounts unknown and on items unmentionable, yet the economy has remained depressed.
The question we as conservatives are asking is, “Why not simply cut taxes throughout the economy?” By allowing businesses and risk-takers to keep more of what they produce, they’ll be encouraged to expand successful businesses and to start new ones in search of profit. That’s how economies grow and real jobs are created.
It appears the voices of those of us asking this question are being drowned out by the “spend more government money” stimulus folks.
Home Foreclosures are highest in our region…
I know there are many families in our district that are within a payment or two of their homes being foreclosed. I hope the below information is of assistance to them. Please pass this to anyone who you feel may need help.
In an article written by Susan E. Hauser, Assistant Professor at North Carolina Central University School of Law, it reported that in earlier decades, foreclosures were caused by recession, job loss, or illness. The surge in foreclosures that began in 2007 was different. This new wave of foreclosures was not caused by an economic downturn or even by a decline in the purchasing power of the borrowers. Instead, it could be traced to the cumulative effect of unconventional mortgage products with payment obligations that reset and increase over time, and falling home prices that made it impossible for homeowners to obtain more advantageous mortgages through refinancing.[1]
However, according to a report by News14 Carolina, help is on the way for unemployed North Carolinians facing foreclosure. Plans have been made to send $600 million to help unemployed homeowners avoid foreclosure in five states: North Carolina, Ohio, Oregon, Rhode Island and South Carolina. The states estimate their efforts could help up to 50,000 homeowners. The initiative will be financed through the government’s Troubled Assets Relief Program.
North Carolina is set to receive $159 million to test new approaches to helping borrowers save their homes from foreclosure. “The North Carolina Housing Finance Agency’s innovative plan to prevent foreclosures is a welcome step to help the thousands of North Carolina families who are struggling during these tough economic times,” Gov. Bev Perdue said in a statement Wednesday. “A good home is a foundation of a stable family and so these funds are critical to getting these families back on their feet.”
[1] Hauser, Susan E. “Cutting the Gordian Knot: The Case for Allowing Modification of Home Mortgages in Bankruptcy.” Journal of Business and Technology Law 5, no. 2 (2010): 1-30. http://www.law.umaryland.edu/academics/journals/jbtl/issues/5_2/5_2_207_Hauser.pdf (accessed January 1, 2005).
| July 15, 2010 Newsletter | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
With the adjournment of session, I thought I would like to prepare a quick summary of work during the short session of the General Assembly! As you see below, we’ve outlined the good, the bad and really ugly of the session. Also, I wanted to share with you what your Senators and Representatives do during the off-session period.
I maintain a constituent office at 214 South Lafayette Street, Shelby. This is also the office for my marketing company so I am here most of the time. I will be busy over the next few weeks speaking to civic organizations, doing radio interviews and catching up with work at home. I’ve spent the last five weeks wearing an aircast boot after a slip off the treadmill and look forward to wearing real shoes again soon. My favorite summer hobby is short hikes at our State Parks with my niece and nephew so I am glad to be back on the trail with them during August.
In short, most of us spend the later part of the summer after session ends trying to catch up on business and squeeze in a vacation while making session reports to our local groups and taking care of constituent concerns. Plus, it’s campaign season! I appreciate that I don’t have the rigors of the campaign this year and can devote that time to working on issues that are crucial for our community. Economic Development takes the forefront as I join the rest of the elected officials in the community to help bring new jobs to Cleveland and Rutherford County.
As always, thank you for your support. Please call on our office if we can be of assistance to you or your family.
Summary of the NC General Assembly 2010 Summer Session
THE BAD
- Left a $3 billion budget hole for next year by failing to deal with soon to expire federal aid
- $1 billion increased taxes and fees included in the budget
- Failed to prepare for the possibility that a $500m Medicaid supplement would not pass Congress
- Created more permanent state jobs than were cut
- Planned to spend more next year than they actually spent this year, even though revenues are not projected to increase
- Passed a meaningless small business tax credit. It provides roughly $300 per year to small businesses who hire unemployed workers, provide health insurance, and keep them on payroll for a year. That amount won’t even cover the employer’s share of payroll taxes for one month.
- Did nothing on a bill that would allow all North Carolinians to purchase out of state insurance policies, which would have increased options and lowered costs.
- Failed to protect the private healthcare choices of North Carolinians from Federal regulation.
- Did nothing to protect the integrity of elections. A bill was introduced to require a photo ID to vote and Leaders refused to have it voted on.
- Attempted to push through broad and overreaching ethics reform at the last minute. The bill would have expanded public financing and matching funds, but would have left hidden most state personnel records.
- No education reform, nothing to address the drop out rate or expand charter schools.
- Did nothing to reform NC’s involuntary annexation law.
- Cut funds to universities, causing them to raise tuition instead of eliminate waste.
THE GOOD
- Created a new business form, the Low Profit Limited Liability Company, which has been a catalyst in other states to start hundreds of small businesses
- Funded the increase of community college enrollment
- Addressed ABC reform, although there is a long way to go on this one.
THE UGLY
- Took the authority out of the hands of private business owners by banning smoking in all public places
- Allowed illegal aliens to continue attending taxpayer supported community colleges
- Expanded welfare to politicians via public funding of campaigns. (Not my campaign!)
| July 9, 2010 | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
The last week of session….
As this session winds to a close, discussion of legislation is still a flurry around the legislative building. With the budget out of the way, the 2010 session will likely come to a halt late this evening the ceremony of Sine Die Adjournment. Every year at the adjournment of short session, which falls as an even year, we go through the ceremony of Sine Die. This ceremony symbolizes the completion of our biennial two year session. During the ceremony both the House and the Senate Chamber will adjourn at the same time. They will open the doors to the chambers and meet at the rotunda to drop a handkerchief at the same time signifying the chambers are adjourned. The two chambers will reconvene again during the long session in January, 2011.
Legislation of Interest – Final Week
- SB 1171 Keeping NC Competitive Act, as mentioned last week, this is a piece of legislation that serves as an economic incentive for the location of Clearwater Paper in Cleveland County. The passage of this bill will allow Cleveland and Rutherford Counties to expand our economic infrastructure to create jobs, jobs, jobs!!! We are awaiting formal announcement of at least one and perhaps two new businesses to locate to our area.
- HB 1973 Various Economic Incentives, is a vital piece of legislation because it will provide incentives for employment opportunities in high unemployment counties. This legislation reallocations the tax incentives for industries in order to attract more business to high unemployment counties.
- House Bill 961 Gov’t Ethics and Campaign Reform Act of 2010, was passed this week to tighten the belt on ethics. Among other things this legislation will make it a crime for statewide elected officials to obtain monetary contributions from someone who conducts business with the state of North Carolina by using coercion or promises of preferential treatment. In addition, officials and employees would be banned from soliciting any favors, services, and job offers from those doing or seeking to do business with the government. The bill passed with overwhelming support from both chambers. Accountability and integrity is key to public office!
- House Bill 80 Ban Electronic Sweepstakes passed this week which bans the use of electronic machines and devices for sweepstakes purposes. Any electronically operated machine or device, that is owned, leased or otherwise possessed by a sweepstakes sponsor or promoter, affiliates, subsidiaries, or contractors. Any of these machines that are used to promote sweepstakes with or without consideration where a person may enter to win or become eligible to receive any prize the determination of which is based upon chance. This law becomes effective December 1, 2010 and applies to offenses committed on or after that date.
- House Bill 1403 Collect DNA Sample on Arrest, Representative Wil Neumann’s bill, passed this week to require that a DNA sample be taken from any person arrested for committed certain offenses. According to this legislation, if someone is arrested with a warrant and there is cause to obtain DNA the law enforcement officer may acquire a sample. However, if a person is arrested without a warrant, then the DNA sample shall not be taken until probable cause has been established by the law enforcement officer. This is probably one of the most important pieces of legislation to keep our state of North Carolina and citizens’ safe!
Budget Solutions…
The most important business in the 2010 session has been to complete the budget. Fiscally responsible conservative amendments were either ignored or, if approved during floor consideration, summarily dropped during the budget conference committee deliberations.
We are receiving estimates that next year’s budget deficit will exceed $3 billion. I am not just sitting back saying “NO” to the budget and the problems that the state is facing. There is an answer! Many of you have heard me say and I will repeat it, the state needs to adopt zero-based budgeting and have priorities in place for spending on basic government functions.
Important Items Left on the Table…
- Health Care Freedom – I sponsored this legislation in the Senate, for the consideration to protect the freedom for North Carolina citizens to choose health care and health insurance. Senate and House Republicans requested action on a bill to allow individuals to continue to make their own health care choices and forgo federal mandates under the recently adopted federal health care legislation.
- Executive oversight for state employee’s health care plan – Conservatives attempted to provide accountability for the fiscal stability of the state health care plan by placing its responsibility in the Executive Branch. This proposal was thwarted by the Democrats.
- Eliminate cap on Public Charter Schools – State law caps the number of public charter schools at 100. Demands for these innovative educational options continue to increase. This limitation severely hampers state efforts for federal “Race to the Top” funds. Even so, Democrats still refuse to raise or eliminate the cap.
- Tax Fairness in Education — A bill to allow parents in North Carolina to choose which school is best for their child. It allows an individual income tax credit for part of the expense of each eligible child who is educated in a nonpublic school or home school. The House used a procedural issue to avoid having a vote on this important issue. The fiscal note shows savings to the state and counties of $50 million per year.
- Prohibit illegal immigrants to attend NC Community Colleges – A bill to disapprove the regulatory change by the NC Community College Board to allow undocumented aliens to attend degree programs at community colleges was not allowed to be considered.
| July 2, 2010 Newsletter | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
Happy 4th of July! Whether you are traveling or staying at home this weekend, I hope that everyone has a wonderful time celebrating with friends and family. I hope you will take a moment to remember in thought and prayer all of our Military men and women and their families as we celebrate our great country and blessed freedoms that we enjoy. Fly our flag proudly! God Bless America!
Just one more week!
The North Carolina General Assembly is set to adjourn on July 9th, precluding any unforeseen problems. The final budget vote was taken this week. I did not support the budget for many reasons that I have already shared with you. Below is a link to a summary of the budget bill:
- 2010 Budget (SB 897 History)
- New – Conference Committee Report for Senate Bill 897, Appropriations Act of 2010, submitted June 28, 2010.
State Budget Ignores Fiscal Realities
In a compromise between the Senate and House, only $34 million in tax breaks for small businesses is contained in the plan. This is less than what was in the Governor’s original plan, the House plan, or even in the Senate plan. Democratic leaders have a contingency plan in place in the event that an additional $500 million in federal Medicaid money is not sent to the state. This plan also calls for a one percent cut to state spending and the usage of various reserve funds. This would mean that North Carolina will face a $3 billion shortfall in the state budget for next year.
One of the many reasons that I voted no on the state budget and feel there were many irresponsible actions taken in writing this budget is because of the response given by NC State Treasurer Janet Cowell. Cowell said, “Underfunding the pension system by $310 million is a short-sighted and fiscally irresponsible way to balance the budget. Pension contributions function like credit card debt in that they are contractual obligations with compounding interest. Left unpaid, the next bill gets bigger and harder to pay. Legislators are setting themselves up for a $1.2 billion pension bill in 2011- a year in which the projected budget shortfall is $3 billion. It is my responsibility as Treasurer to sound the warning call that we are starting down a dangerous path. I urge legislators to uphold the 69 year tradition of meeting our pension obligations lest we go the way of too many credit debtors who find themselves in a deep hole they cannot get out of.”
Keeping NC Competitive Act
The Senate Finance Committee passed SB1171, the incentives legislation that serves as one of the economic incentive tools for Clearwater Paper to locate in Cleveland County. The Governor made the announcement a few weeks ago and this is the final step to bring 250 jobs to our region. The legislation is crucial for two other rather large industries being recruited by local and state officials and our area is still in negotiations for the business to locate here. I would say this has been the most important piece of legislation we’ve had pertaining to Cleveland and Rutherford Counties.
Final Week Bills to Watch For
-SB1383: Safer Streets/DNA Incentives
-Will authorize the collection and analysis of DNA samples from
individuals arrested for felony offenses
-SB961: Notice on Liens for HOA Assessments
-Requires that notice of a lien for assessments filed by a homeowners
association be served on the lot owner in the same manner as service
of a summons in a civil action
-SB1171: Keeping NC Competitive Act
-Will modify eligibility for economic incentive sales and use three
tax exemptions and refunds and for eligibility for the four percent
privilege tax on datacenter machinery and equipment.
Fun and Tasty NC Business News
If you are looking to try a new summer treat then you might have to stop in your local Krispy Kreme. Krispy Kreme and Cheerwine have teamed up for the month of July only to offer a unique cream filled doughnut. Here is the link to the news report regarding the innovative doughnut.
| June 25, 2010 Newsletter | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
Dear Friends:
It is hard to believe that the short session is slowly beginning to wind down with so much going on. It has been an especially busy week with the banning of electronic sweepstakes gambling as well as the debate over HB961, which is the Government Ethics and Campaign Reform Act of 2010. Also, negotiations continue in efforts to resolve the differences between the House and Senate versions of the State budget but we hope to have it finalized in the near future. I hope that everyone is doing their best to keep cool in this heat and enjoying their summer as well.
House Bill 80
Earlier this week the NC Senate overwhelmingly passed House Bill 80, banning electronic sweepstakes gambling by a margin of 47 to 1. The bill has been sent through the House and currently resides in a committee, but is expected to take up the same measure as the Senate soon. HB80 would prohibit electronic machines and other devices used for sweepstakes activities in the state. The bill makes it “unlawful for any person to own, lease, or have possession of and place into operation an electronic machine or device to conduct a sweepstakes or to engage in any process or activity associated with a sweepstakes.”
Video poker was outlawed by the General Assembly in 2006 but around 600 “sweepstakes cafes or parlors” have been established throughout NC since, attempting to get around this ban.
Ethics Reform
The Senate was scheduled to begin debating on an ethics reform package this week but HB961 still awaits consideration. Last May, three bills passed the House with broad bipartisan support aimed at requiring disclosure of campaign contribution activity by those appointed to critical positions in state government. This would prohibit conflicts of interest involving political contributions by state contractors and also prevent certain employees of the executive branch from registering as lobbyists for a period of time after leaving employment with the state.
Democratic Senate leadership substituted an omnibus bill that took out much of the House-passed language and moved the focus from ethics reform to a bill expansion of taxpayer funding of political campaigns. This provision doesn’t seem to acknowledge the importance of ethics in the bill and is forcing taxpayers to pay for politicians to run for office.
Fortunately, after much grassroots opposition, Democratic leaders in the Judiciary I Committee have agreed to remove the provisions related to taxpayer funding of campaigns and the bill will continue to be heard in committee next week. The bill should receive a vote of the full Senate next week.
North Carolina Budget Update
A concern with SB897-Appropriations Act of 2010 is how to treat the $472 million in Medicaid funds that are currently assumed as revenues but may not be provided by Congress. Negotiators between the House and Senate are planning to exclude these revenues and pass a separate measure to spend the funds if they are approved. Having a finalized budget that works best for our state is a difficult task but progress is being made and any problems we are having will be resolved.
Private Solutions to Help Uninsured
The Pfizer Company has a patient assistance program for unemployed Americans known as MAINTAIN. This program can help eligible people in financial need continue to get their Pfizer medicines if they are unemployed and do not have prescription coverage. Over 70 Pfizer primary care medicines are available through the program and once accepted into MAINTAIN, patients will remained enrolled for up to one year or until they become insured.
Eligibility for MAINTAIN is granted if you have become unemployed on or after January 1, 2009, were prescribed and taking Pfizer medicines for at least 3 months prior to becoming unemployed, lack prescription drug coverage, and can attest to financial hardship.
| June 18, 2010 Newsletter | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
Greetings from Raleigh! Another busy week of this short session has come and gone and the state budget remains a hot topic. As of right now, the 2010-2011 budget remains in a conference committee and concerns have been raised about the $450 to $500 million of the expected revenue for 2010-2011 in federal money that may not be sent. The state is set to face a $3 billion shortfall next year and we cannot afford to put ourselves further in a hole this year. I will have further updates on the budget next week.
On a lighter note, there is good news at the gas pump so far this summer. Gas prices have been consistently dropping for the past six weeks. Forecasters predict the average price to be around $2.79 for the summer. Energy analysts reported that crude oil prices were depressed this spring mostly because of uncertainty about the global economic recovery. Whatever the reasoning for the lower prices, it helps for the summer travel season and we’ll all be happy about paying a little less for fuel.
Annexation Law Changes Put on Hold by Rules Chair
The short session of the General Assembly is designed to “tweak” the budget and not to address major policy issues. Senator David Hoyle told news reporters there would be no changes made in annexation law this summer and the issue could be addressed next year. The House passed reform legislation last year however it now appears that neither side of the issue is happy with the House bill.
Corporate Taxes Going Down?
A reduction in corporate taxes would be a good thing for existing NC business and for the recruitment of industry. The state budget would restrict how state tax collectors can pursue companies that shift income to reduce what they say they owe. Also, the budget would take away a lot of the Department of Revenue’s leverage regarding collections. With the budget still being discussed in a committee, these actions aren’t set in stone but remain on the table for consideration.
Speaking of Attracting Business…Incentives Money for the Movies
Under a bill that cleared the House Finance Committee on Wednesday, filmmakers would receive an expansion on tax breaks that they are offered to bring productions to North Carolina. The bill consists of tax-credits and incentives that should bring in new businesses to the state. The tax break for filmmakers would rise from the maximum $7.5 million to $20 million, depending on how much the production spent. The bill not only provides for tax exemptions for filmmakers, but for renewable fuel producers as well.
Census 2010 Update
According to www.2010.census.gov, 72% of households participated in the 2010 Census by mail- the same rate achieved in Census 2000. This year census takers began the task of going door-to-door to obtain census responses in person. The mail participation rates in the Isothermal region were better than the national average. Both Polk County and McDowell County were at 73%. In Cleveland County, 75% of households participated. Rutherford County was the highest at 78% and it is wonderful to see everyone’s support and effort in taking the Census.
Law Passed Extending Coverage, Regardless of Student Status
Earlier this year President Obama signed into law the Health Care and Education Reconciliation Act. The provision to allow dependents up to age 26 to remain on the Plan, regardless of student status, will take place in future months.
The North Carolina General Assembly ratified House Bill 1707 which allows dependents enrolled on the Plan as of May 1, 2010 to remain on the Plan if they are under age 26, regardless of student status. This is provided that the dependent child is not eligible for other employer-sponsored health benefit coverage as a primary beneficiary or spousal dependent.
| June 11, 2010 Newsletter | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
Dear Friends:
It continues to be a busy short session. The atmosphere is ‘rushed’ to say the least. I’m not complaining and will look forward to having a finalized budget bill in the next couple of weeks.
I miss so many wonderful events in the district while we are in summer session and look forward to being home with you soon. Congratulations to all of the 2010 High School Graduates. I am so proud and wish I could have attended every graduation.
We are working on several important pieces of legislation that will affect Cleveland and Rutherford Counties. One of the most important is an economic development incentive bill. This legislation was the final step of much hard work that created the announcement of 250 jobs in Cleveland County this week. I would like to say thank you to our Cleveland County Commissioners and the EDC Team that worked so diligently to bring Clearwater to our area. The facility will be located only two miles from the Rutherford County line and is a job boost for the region.
250 Jobs Created in Cleveland County-Welcome Clearwater!
It was announced this week by Governor Bev Perdue that Clearwater Paper Corp. plans to invest $260 million and hire 250 workers over the next five years to build a new manufacturing and distribution facility in Shelby. The plant will make private-label tissue products for retail grocery chains throughout the Southeast and along the East Coast. Also, the overall wage for the 250 new jobs will be approximately $38,000. This is $7,000 higher than the average wage in Cleveland County. Gordon Jones is the company’s CEO and said, “After an exhaustive and thorough search of more than 100 sites in multiple states, Shelby, North Carolina, became the clear choice for Clearwater Paper’s newest manufacturing facility. The critical combination of reasonable taxes, good highway access to our customers, available workforce and a very good working relationship with city, county and state agencies made North Carolina the excellent choice for us.”
Cleveland County Chamber Visits Raleigh
The Cleveland County Chamber made the trip to Raleigh for their annual meeting at the Capitol this week. Chamber members were able to meet with several State Officials and discuss the needs of Cleveland County. Speakers at the meeting included:
-Senator Marc Basnight, President Pro-Tempore of Senate
-Speaker of the House Joe Hackney
-Deputy Secretary of Commerce Dale Carroll
-Secretary of Cultural Resources Linda Carlisle
-Wayne Martin of NC Arts Council
-Lieutenant Governor Walter Dalton
-Secretary of Transportation Gene Conti
-Chief Engineer John Nance of Department of Transportation
2nd Saturday Events
Secretary Linda Carlisle directed us to www.ncculture.com regarding the 2nd Saturday events that you and your families might be interested in. These events are fun and economical and provide for a great opportunity to get away and see our beautiful state.
Our office joins the Secretary in promoting Staycations! Stay home and Vacation! My family does this with trips to Chimney Rock State Park, South Mountain State Park and Crowder’s Mountain State Park. Of course, we are also enjoying the new Kings Mountain Gateway Trail. All of these are free with the exception of Chimney Rock.
Oh…and don’t forget to take the kids to Kid Senses Museum. I take my niece and nephew often and we love the play and learn atmosphere. My favorite is the bubble machine. Now, you have to try that one out.
Meanwhile in Raleigh…
This week Republican leaders offered an amendment to S1248 that would provide students, who are certified as academically at-risk, the opportunity to receive a $2,500 annual scholarship to be used to pay tuition at a non-public school if the child’s parent decides that it is the best choice for the child’s educational future. Senator Don Davis is the primary sponsor of this bill and it originally required school districts to identify children who were deemed to be at-risk of academic failure in the fourth grade however, it did not address how to improve the opportunity the student has to succeed in the future. The amendment offered by Senate Republican Leader Phil Berger gives parents an enhanced role in their child’s educational future. The child would be eligible to continue receiving the scholarship as long as he or she is eligible to attend a public school or until graduation. Due to the fact that the state currently funds public education at approximately $5,000 per student, North Carolina’s education budget would realize $2,500 for every student taking advantage of the scholarship. Local districts would also save an average of $1,900 per student.
The bill and amendment have been since referred back to the Committee on Appropriations/Base Budget upon the motion of Senator A.B. Swindell. We believe that this proposal could make a big difference for at-risk students to better their chances at educational success and hope that the amendment will receive the consideration it deserves.
Housing Finance Agency
Recently, the Board of Directors for the North Carolina Housing Finance Agency awarded federal HOME Program financing to rehabilitate and preserve homes of low-income elderly or disabled homeowners in Cleveland and Rutherford counties. Community Link and Rutherford County will each receive $200,000. They will manage the selection of the homes and provide forgivable loans to the homeowners to pay for the work. Overall the Board approved $8 million in loans to preserves 127 homes in 32 counties. For those seeking assistance or further information regarding this issue, please contact Paula Kempton of Rutherford County at 828-287-2281 or Gary Wilson of Cleveland County at 704-933-5990.
Budget Update
The North Carolina House of Representatives adopted four significant amendments to SB 897, the 2010-2011 budget bill. These amendments, offered by Republican leaders, will eliminate unnecessary end-of-grade tests and provide funding to teachers for classroom supplies, prohibit the paying of “golden parachutes” to state employees who are terminated or leave their jobs, forbid the practice of allowing in-state tuition for out of state students, and allow funds from the North Carolina Education Lottery to be distributed equally to charter and traditional public schools.
| June 4, 2010 Newsletter | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
Greetings from Raleigh! Senate Joint Resolution 1349 has received much attention this past week, which is awaiting the chance to be heard during this short session. This is the immigration bill that has been filed and would allow police to question anyone suspected of being in the United States illegally and require immigrants to carry their green cards at all times. The bill has already received much support from voters as the Civitas Institute revealed that 64 percent of potential North Carolina voters favor the new Arizona immigration law and 58 percent believe that NC should enact a similar law. It is unsure if the bill will even be introduced, but the support it has gained is important to pay attention to. Also, the senators and representatives that won’t allow their constituent’s voices to be heard this summer will hear them when they vote in November.
I am a co-sponsor of the legislation and appreciate your calls of support over the past week. I have posted a link regarding further information on the bill: Immigration Bill
Voting on New Debt
Democratic leaders passed a bill this week that prevented citizens from voting on a bond issue that will include borrowing an additional $451 million for capital projects to benefit the state’s university system. While the projects may be good, this is simply not the time to spend additional money. This will ultimately leave an $18 million obligation in new debt service payments next year. I voted against this bill and Senate Republican Leader Phil Berger made his thoughts clear about the legislation saying, “Today’s vote not only means state government will spend more money we do not have but also puts North Carolina in a deeper hole with full knowledge of the fiscal crisis we are facing next year.”
State Lottery
The North Carolina Education Lottery (NCEL) has completed its third full year of operations. The NCEL finished the fiscal year with sales of $1.239 billion and transfers of more than $410 million. This amount surpassed the amount budgeted by the NCEL commission. Transfers from launch to-date at the end of the fiscal year were over $1.136 billion. The NCEL has had a tremendous impact on our state and is spent on four things: More at Four, Class-Size Reduction, School Construction, and Need-Based College Scholarships. Here is a link to the brochure to learn more information if you are interested. Also, I have posted a chart below that breaks down the total numbers spent across the entire state.
| School Construction | Scholarships (Number of/Amount) | Class Size (Teachers/Amount) | |
| FY09 Total | $162,262,428 | 30,178/$33,557,825 | 2,031/$110,176,846 |
| Previous Total | $270,159,590 | 29,479/$35,133,992 | 4,218/$168,796,418 |
| Grand Total | $432,422,018 | 59,657/$68,691,817 | 6,249/$278,604,923 |
| More at Four (No. Slots/Amount) | FY09 Total | Previous Total | Total To-Date | |
| FY09 Total | 16,687/$84,575,121 | $390,572,219 | $642,518,077 | 1,033,090,296 |
| Previous Total | 37,237/$168,796,418 | $642,518,077 | ||
| Grand Total | 53,924/$253,371,538 | $1,033,090,296 |
Art Exhibition
Students from The Word of Faith Christian School, located in Spindale, NC, have had their art exhibit on display in the Legislative Office Building for the past week. The art pieces in the exhibit are a collection of selected items chosen to honor the victims of The Holocaust and our United States military during World War II. We have truly enjoyed all of their talented work and along with the art display, this wonderful group of young people decorated my Raleigh office with their paintings I am honored to have them in the office.
I would also like to say a special thank you to Nahum Burgeson for his wonderful piece of art he has allowed me to showcase in my Shelby office. The painting depicts Rutherford County and our American flag. Nahum painted the piece at 17 and it is absolutely beautiful.
|
May 27, 2010 Newsletter |
Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
Happy Memorial Day Weekend! As we approach Memorial Day, our thoughts and prayers are with those who lost their lives serving our country and the families that were deeply affected. This week we recognized a group of veterans on the Senate floor and were honored by their presence.
There has still been plenty of buzz this week regarding the budget as it is currently being read in the House. An aspect of the budget that has caught my attention, to which Senator Jerry Tillman pointed out, is that Governor Perdue requested and the Senate included $15 million in the budget for wireless hand held student diagnostic devices to be used in certain elementary grades. In the same budget $11.9 million was slashed from the school bus replacement fund. Now, keep in mind that Thomas Built Buses is a national leader in providing school buses for North Carolina. Thomas Built Buses is located in High Point and Archdale N.C. and provides well paying jobs. There will be an adverse and negative impact on this N.C. company including the loss of several jobs. Last year, you might recall North Carolina awarded the school bus replacement contact to an out of state company. It is open for opinion, but is this really a job and business friendly policy?
Regarding Protect Health Care Freedom…
Here I have included a recent article concerning the Protect Health Care Freedom act that I am the primary sponsor of and thought you might be interested in it:
Carolina Journal Exclusives
Health Care Opt-Out Bills DOA in General Assembly
Leadership says legislation won’t be brought up in the short session
By David N. Bass
RALEIGH — Republicans in the General Assembly might have to wait until next year to take on the new federal health care law, as the legislature’s Democratic leadership has given a chilly reception to proposals allowing North Carolina to opt out of the law’s health insurance mandates.
Even if Democrats weren’t opposed to the opt-out bills, the General Assembly’s rulebook would be. New bills unrelated to the budget cannot be considered in the short session, which convened May 12, unless they meet specific criteria.
To bypass that obstacle, Republicans have introduced resolutions in the House and Senate that would suspend the rules and allow the health care legislation to be brought up. But Democratic leaders have given those ideas the cold shoulder.
“I think it’s more of a political issue than a legislative one,” said House Speaker Joe Hackney, D-Orange, at a press conference.
The bills are faring no better on the Senate side. Asked by reporters if a health care opt-out could emerge in the short session, Senate President Pro Tem Marc Basnight, D-Dare, torpedoed the idea.
“I would hope that we would not do that,” Basnight said. “We have not discussed that yet. I would not be for doing that.”
Republicans riled
That’s led to frustration from GOP lawmakers, who hoped to highlight opposition to the Democrats’ national health care policies to score political points in the midterm elections.
“It’s going to be crucial that the leadership hears from their constituency concerning how they feel about federally mandated health care. I think they will hear from them very clearly, if not now then in November,” said Sen. Debbie Clary, R-Cleveland, a primary sponsor of the Senate resolution.
Rep. Nelson Dollar, R-Wake, raised an objection that Republicans have used for years to criticize the ruling party — Democratic leaders quashing debate.
“The fundamental problem we have is that you’ve got very liberal leadership that is not willing to allow these issues to be fully vetted in the legislative process,” Dollar said.
Aside from the resolutions, only one health care-related bill has been introduced — a proposed constitutional amendment that would allow individuals, businesses, and health care providers to opt out of the federal government’s health insurance mandates and penalties.
If passed, voters would have a direct say on whether the amendment becomes law by voting it up or down in a referendum this November.
Republicans, already feeling the wind at their backs in an anti-incumbent year, hope to feed off widespread public opposition to the mandates. A Rasmussen Reports poll released Monday found 56 percent favor repealing the law with 39 percent opposed, numbers largely unchanged since Congress passed the legislation in March.
Even so, voters care little about what they don’t know. Burying the bill in committee, as opposed to allowing a vote, can prevent the issue from gaining political traction, said N.C. State Political Science Professor Steven Greene.
“You don’t get the kind of coverage that would drive opinions because there aren’t votes on it,” he said.
Other efforts
Last month, Attorney General Roy Cooper, a Democrat, declined to join a multistate lawsuit that seeks to overturn the health care mandates as unconstitutional. Twenty states have joined the suit so far.
“I think that the attorney general has made a decision that is sound based on the law not to join in,” Hackney said. “If he is wrong, then the decisions in other states will control what happens in North Carolina as well.”
Local governments also have taken up the issue. In April, the Duplin County Board of Commissioners passed two resolutions on the health care law.
One called on Cooper join the suit; the other asks the General Assembly to call for a constitutional convention and propose amendments protecting the freedom to choose health care. Chowan County passed a similar resolution earlier this month.
“I do not want the government to interfere with my private health decisions, and I think this is an attempt to regulate what should be a private family issue,” said Duplin County Commissioner David Fussell.
David N. Bass is an associate editor of Carolina Journal. Associate Editor Anthony Greco contributed reporting to this story.
Local Bills Filed
Below is a list of Senate Bills Filed and Senate Bills that I am co-sponsoring that may be of interest to you:
Senate Bills Filed
|
Name |
Bill Number |
File Date |
|
Protect Health Care Freedom (Resolution) |
05/13/2010 |
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Abolish Rutherford County Coroner |
05/18/2010 |
|
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State Health Plan/ Local Gov’t Retiree Contrib. |
05/25/2010 |
|
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Sex Offender Registry/Name Changes |
05/25/2010 |
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Wood Chipper Sales Tax Exemption |
05/25/2010 |
|
|
Forest City/Convey Property |
05/25/2010 |
Senate Bills Co-Sponsored
|
Name |
Bill Number |
|
Authorizing/Amend Permit Extensions Act |
|
|
Keeping NC Competitive Act |
|
|
No Felon as Sheriff |
|
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Disapprove Comm. College Rule/Illegal Aliens |
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Critical Water Grants/Jobs in Rural Areas |
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Failure to Carry or Complete Alien Reg. Docs. |
|
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Extend Renewable Fuel Facility Credit Sunset |
|
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Extend Biodiesel Producers Credit Sunset |
|
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Extend Ar. 3J Sunset |
New Legislation worth a mention:
-Senate Republican Leader Phil Berger (R-Rockingham) filed a bill to address the problem taxpayers are facing getting a timely refund from their tax returns from state government. For two consecutive years, taxpayers including small businesses struggling with their cash flow and working to make payroll have been subjected to weeks and even months of delays in receiving a refund on state government’s over-collection of taxes. The bill would require the Department of Revenue to pay a ten percent penalty in addition to interest if a tax refund is not paid within 45 days after the return is filed. The bill would be effective for tax years beginning on or after January 1, 2009.
I hope everyone has a safe Memorial Day weekend!
| May 20, 2010 Newsletter | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
| “Government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.”Ronald Reagan |
There are a number of good solid reasons to vote ‘No’ on the State Budget that was presented by the leadership this week. I think ‘fiscal responsibility’ and planning for the future of the state are the key reasons. While there are good initiatives in the budget plan, the spending continues down a path that will put North Carolina taxpayers in further jeopardy as tax revenues continue to decline.
I have highlighted some key points for the short session. This budget was voted out of Senate Appropriations Committee on Tuesday and voted on by the full Senate on Wednesday and Thursday. The bill passed by a mostly party line of 30-16.
The budget that was proposed by legislative leaders fails to deal with the scope of the fiscal problems facing NC in the next few years. Actual spending for FY2009-10 is estimated to total $18.536 billion. This represents at least a $450 million increase to year on year spending. By offsetting $561 million in Medicaid costs with stimulus funds, this budget actually spends more than $1 billion over last year’s.
We’re looking at a budget deficit that will likely approach $3 billion next year as temporary tax increases are scheduled to expire and lack of availability of stimulus funds. The budget ignores fiscal realities and sets up families and businesses for massive tax increases next year. This ultimately follows a pattern established by leadership in 2003, 2005, 2007 and 2009 of passing huge tax hikes in non-election years.
Lastly, K-12 classroom education seems to suffer the most as there will be a total of $219 million in budget cuts. We do not know at this point if the budget will protect teachers but it is inevitable that it will have a negative effect on our students. K-12 classroom education is the only area of education that is cut.
Other education areas actually see increases to their budgets. The Community College system is in need of increases as they are serving as the primary training grounds for displaced workers. Their support of new industry initiatives is crucial. Ironically, even while legislative leaders are cutting classroom education, they continue funding $20 million for prisoner education.
The Budget has now been passed to the House for consideration and will likely be completed in about ten days. The process will then take the budget to conference between House and Senate Leadership to finalize a State Budget Plan.
Remember, you can tune in and listen to session and to committee meetings at www.ncleg.net.
| April Newsletter | Debbie.Clary@ncleg.net 919.715.3038 |
From the desk of Senator Debbie Clary…
First off, I hope everyone is enjoying this beautiful beginning to Spring and had a wonderful Easter weekend. Although the primary purpose of the legislative short session is to work on the budget, we will also tackle other difficult issues facing this State.
Health Care
Following the recent passage of the Health Care Plan, an article was printed in the NY Times that included some of the “left out stuff” and corrected portions of the accounting. Below is a few of the columnist’s quick calculations:
- The $138 billion net reduction in deficits from CBO over 10 years will really be a $562 billion net increase in deficits. That makes the 10-year cost $1.65 trillion rather than the advertised $950 billion.
- For North Carolina, that means $49.5 billion of new spending, $16.9 billion of which is new debt (approximately $5,300 per person) over the next 10 years.
- The plan would also increase Medicaid eligibility in the state by 50%, which is on top of the $500 million increase in Medicaid cost to the state upon conclusion of the stimulus plan December 31 and the $250 million exceeding Medicaid budgeted amounts for the 2011-2012 fiscal year.
- Assuming the 800,000 new Medicaid eligibles cost just $1,000 on average and the federal match is 90%, the state will have new costs of $80 million per year as a lower bound.
The total cost of the plan on a Federal level for the first decade will be $2.4 trillion. That total does not include the costs absorbed by the States, which have not yet been determined by Fiscal analysts. More than these costs to the state, the taxpayers will have to make up the difference. The majority of the funds will be taken from small business owners who file personal income taxes and provide health insurance for their workers. Furthermore, there is a $750 minimum yearly penalty for those North Carolinians who do not have health insurance. Coverage cannot be adjusted based on the health of the insured. A healthy young man has to have the same coverage as someone who smokes and has a heart condition. Finally, employers can no longer offer plans with deductibles higher than $2000, which save money for those whose employees are mostly healthy individuals who rarely file a claim.
As each of you is undoubtedly aware, thirteen states have filed a lawsuit in a US District Court in northern Florida against the United States Departments of Health and Human Services, the Treasury, and Labor. Below are just a few of the complaints highlighted in the case:
- The Act represents an unprecedented encroachment on the liberty of
individuals living in the Plaintiffs’ respective states, by mandating that all citizens and legal residents of the United States have qualifying healthcare coverage or pay a tax penalty. The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying healthcare coverage. By imposing such a mandate, the Act exceeds the powers of the United States under Article I of the Constitution and violates the Tenth Amendment to the Constitution.
- In addition, the tax penalty required under the Act, which must be paid by uninsured citizens and residents, constitutes an unlawful capitation or direct tax, in violation of Article I, sections 2 and 9 of the Constitution of the United States.
- The Act also represents an unprecedented encroachment on the sovereignty of the states. For example, it requires that Florida, and all other states, vastly broaden its Medicaid eligibility standards to accommodate upwards of 50 percent more enrollees, many of whom must enroll or face a tax penalty under the Act, and imposes onerous new operating rules that Florida must follow. The Act requires Florida to spend billions of additional dollars, and shifts substantial administrative costs to Florida for, inter alia, hiring and training new employees, as well as requiring that new and existing employees devote a considerable portion of their time to implementing the Act. This onerous encroachment occurs at a time when Florida faces having to make severe budget cuts to offset shortfalls in its already-strained budget, which the state constitution requires to be balanced each fiscal year (unlike the federal budget), and at a time when Florida’s Medicaid program already consumes more than a quarter of the State’s financial outlays.
- Further, the Act converts what had been a voluntary federal-state partnership into a compulsory top-down federal program in which the discretion of the Plaintiffs and their sister states is removed, in derogation of the core constitutional principle of federalism upon which this Nation was founded. In so doing, the Act exceeds the powers of the United States and violates the Tenth Amendment to the Constitution.
Protect Health Care Freedom Bill
As such, I am currently sponsoring a bill draft with the short title – Protect Health Care Freedom. The bill will amend Chapter 58 of the General Statutes by adding a new article to read:
Article 49A.
“North Carolina Health Care Protection Act.
“§ 58‑49A‑1. Constraints on health care freedom prohibited
