Dear friends, As the year draws to a close, here is a review of some of the highlights of the General Assembly session of 2011. It was a busy session in which 1,731 bills were filed, of which 428 became law. (Most bills do not become laws, or sometimes are consolidated into laws.)
We took office with an anemic economy, double-digit unemployment, unprecedented foreclosures and bankruptcies, and a projected state budget shortfall of over $3 billion… the worst in NC history. The $1.6 billion federal stimulus money spent in the prior budget was all gone. The $1.3 billion/year temporary tax increase passed by Gov. Perdue and the previous legislature was set to expire, before the governor decided it should not be temporary after all.
However, we promised to balance the budget without yet another tax increase (which would have been the seventh in nine years). The result was as promised, with the passage of a still generous $19.7 billion budget. The budget battles were often fierce, as a new sense of "spending within our means" in Raleigh meant we had to prioritize and make tough choices. Measures were enacted to help revive jobs and the economy. The nonpartisan Tax Foundation had placed NC among the worst ten states in the nation concerning tax and regulation policies.
- Small businesses were extended much needed tax relief by exempting the first $50,000 of business income from taxes. Nonpartisan sources confirm this will benefit at least 450,000 businesses in this state, will no doubt save thousands of jobs and help create thousands more.
- The local land transfer tax was repealed, providing some long awaited relief for the decimated real estate market. We recognize the need to encourage home ownership rather than punish it!
- The State Health Plan was rescued from its huge shortfall and a $33 billion longer term insolvency. After years of mismanagement, the necessary changes were made to save the plan... a move greatly applauded by the long neglected State Employees Association. Meanwhile the NCAE union leadership opposed the efforts, and reinforced their "war" on the General Assembly. Many of our educators were bombarded throughout the year with political rhetoric from the left, that the Republican majority was out to get them. I appreciate all the educators who are opposed to such political rancor and regularly update me on the liberal agenda they get bombarded with. It is time to end Raleigh's tradition of using teachers and students for political purposes, and get the politics out of the classroom.
- We began to restore important dedicated funds that had been raided to spend in other areas, such as the Rainy Day Fund and the Highway Trust Fund. We are also paying back $2.5 billion with interest to the federal government, money that was previously borrowed to pay unemployment when our state unemployment funds were also depleted. Several much needed and overdue reforms were passed, which many other states have done, including:
- Meaningful tort reform was passed which limits business liability, places limits on attorneys’ fees, and allows a jury access to actual medical bills. This is simply cost saving, common-sense, fair legislation to help address a lawsuit frenzy that has often spun out of control.
- Medical malpractice reform was passed to address a major factor in rising medical costs. This caps noneconomic ‘pain and suffering’ damages at $500,000, and sets clearer standards as evidence of true malpractice. Many trial lawyers opposed such caps (they often get a percentage), but the cap is even much lower in some other states ($250,000 in Texas, for example). There is still no cap on economic damages, including loss of income. Most people understand the need to address the lawsuit frenzy and help control spiraling health costs, while still protecting the ability to recover reasonable damages when there is clearly fault.
- We passed workers compensation reform that is fairer to both sides (employers and employees) and makes the NC business climate more competitive with other states. This passed with a huge majority of votes, with input from both labor and management. Again, most would say this is reasonable and fair, while striving to make NC more jobs-friendly.
A major victory for advocates of private property rights was Annexation Reform. North Carolina annexation laws were virtually the most ‘anti-citizen’ in the country. Residents now have a voice in whether to be annexed, pay city taxes, and accept services they may neither need nor want. Several forced annexations in progress were stopped by the legislature, saving years of litigation and huge court costs… to the relief of many citizens affected.
We also witnessed the beginnings of some meaningful education reform, despite major pushback from many in the union and education bureaucracy. No other issue elicits more concern than education. But, one-third of students entering high school in NC do not graduate. Of those that do graduate and enter college, 60% must take remedial courses at college. We have many excellent educators, but the problem is the system. The old system is not adequately meeting the needs of students, parents, or even educators. Parents want choices, and more choices make for better quality education. For example, over 20,000 students were on waiting lists for charter schools as the former majority in the legislature refused to lift an artificial charter school cap established many years ago. This legislature lifted the cap on charter schools. Already, at least 27 new schools have submitted application for consideration. This alone is not the answer of course, but more choices and parental responsibility are much needed reforms.
Over 56% of the state budget is spent in the category of education. The legislature cut the education bureaucracy (including Raleigh bureaucrats making big salaries... even more than the governor). We fully funded student enrollment growth (which the governor’s budget failed to do), and funded all active current teacher and teacher assistant positions. Additional positions were funded through the third grade, especially to stress early education and learning to read. We also passed tax credits to help families with children with disabilities to help meet their special needs. Many families have personally contacted me with thanks for this much needed help. Unfortunately the bill does not benefit everyone that needs it, due to compromises with those in the education establishment who believe the public school should meet every need of every family... which puts unreasonable expectations on the teachers, and punishes the students and their families. Politics in education is simply awful, as the students, parents and teachers are used as pawns in the system.
The governor’s budget included over $100 million in unfunded mandates to the counties. These are forced new expenses not funded by the state, and would have forced higher county property taxes (likely 2-3 cents in Rockingham County). When I personally questioned the governor’s Budget Director in committee, his reply was, “when times are tough, stuff flows downward”, a reply I found unacceptable and I said so. The legislature eliminated the unfunded mandates in its budget.
Regarding jobs and the economy, Agriculture is by far the largest economic engine in North Carolina… responsible for over $70 billion/year. The governor’s budget cut the Agriculture budget by an unrealistic 21%, which Ag Secretary Steve Troxler stated would be crippling to the economy. The governor also proposed closing agricultural research stations, including the Upper Research Station in Rockingham County. Sen. Berger, Rep. Holloway and I all stood strong to save the station, and I thank the many Rockingham citizens and groups that contacted the legislature. The legislative budget saved the agricultural research stations, and Agriculture ended up with modest reductions like other areas of the budget… reductions that Secretary Troxler could endorse and work with in understanding of the times.
The 2011 legislature also downsized government through consolidation, reorganization, and elimination. DENR (the Dept. of Environment and Natural Resources) was modified and some divisions transferred. Other duplicate or unnecessary programs were eliminated. Three agencies for law enforcement were consolidated into one Department of Public Safety. This cost saving measure will also help streamline agencies and avoid duplicating efforts. The first role of government is the protection and safety of our citizens. We must do so as efficiently and effectively as possible.
There was comprehensive regulation reform following an extensive series of meetings with citizens and business leaders around the state. I mentioned the Tax Foundation's report last year citing NC as one of the worst ten states for business regarding taxes and regulations. It was a priority to address these types of concerns, to attract and retain jobs in our state. Many unnecessary regulations were eliminated, including state environmental rules that were not in line with their federal counterparts. For the first time, a cost-benefit analysis is now required for all such new rules and regulations. Imagine that... planning for costs!
Several social issues were addressed which North Carolina had woefully neglected, compared to many other states. These include: The Woman’s Right to Know Act. This is an informed consent law regarding abortion. The majority of states at least had some provisions for pre-abortion counseling including risk counseling, an ultrasound, and a 24 hour waiting period. This better ensures that the medical situation and potential risks are understood. We that believe in the right to life also hope that other alternatives to killing a preborn child may be considered. In other states, abortion rates have declined under such laws. Even many ardent abortion proponents claim to want abortions to be "safe and rare", and this law advances that goal. With a few Democratic votes, the legislature passed an override of the governor's veto by the narrowest of margins.
"Ethan’s Law" - The Unborn Victims of Violence Act. Before this law, criminals could only be charged for the killing or injury of an unborn child in North Carolina if the crime had been committed on federal property. Many other states (even liberal California!) had such laws protecting preborn children and their mothers. The reports of many hanus crimes targeted by this law were heart wrenching, as families of victims addressed legislative committees. North Carolina legislators had been trying to pass this law for at least 25 years, but the Democratic leadership would not allow the bill to be voted on. This year, it passed by a wide margin.
This legislature also passed comprehensive legislation protecting and defending Second Amendment Rights, and promoting the Concealed Carry Law which has proven to reduce violence, not increase it as opponents had claimed. Common sense confirms that only law-abiding citizens will obey laws... not the criminals! A criminal carrying a weapon to do harm to others will not stop because of a law against carrying his gun! This principle has been confirmed worldwide, as if common sense needs confirmation. Violence long preceded guns in human history. People may not like guns, but be thankful that law abiding citizens can carry them and not just thugs and criminals.
The legislature could not accomplish all the majority of citizens wanted. It is a fact that our state has divided government, and Republicans do not have enough votes to override Gov. Perdue's vetoes without some Democratic support. At least 75% of citizens want a Voter ID bill to help protect the sanctity of voting, as some other states have done. Also, a majority does not favor the sweeping, enormously expensive reforms of Obamacare. Many have little or nothing to do with healthcare but are crippling businesses (and state governments) with costs, and will cost untold jobs. A majority also favors the death penalty option for the most hanus of crimes, but the previous legislature had enacted what is in effect a stop of the death penalty and keeps court cases ongoing for years when there is clear guilt. This legislature passed bills supporting the will of the majority of people on these issues and more, but did not have the bipartisan support to override Gov. Perdue's vetoes (sixteen total this year, more than all previous vetoes combined). It seems these will remain election issues to be settled in 2012.
Finally, this was the year for Redistricting that follows the census every ten years. I served on the Redistricting Committee, as new maps were approved for the NC House, NC Senate, and Congress. These maps were approved (even by the Democratic Obama Justice Department) in record time compared to the redistrictings of recent decades. Of course, the standard lawsuits go forward as everyone knew they would. But, the Justice Dept. has agreed they are fair and legal, and so far nothing different has been demonstrated.
The new maps have House District 65 (which I represent) covering about two-thirds of Rockingham County, and adding Caswell County. District 91, represented by Rep. Bryan Holloway, covers the rest of Rockingham County and also Stokes County. The district lines in Rockingham County will change some by necessity. The effect is also that more districts are competitive with less gerrymandering than in the past, and better reflect their communities. Our House District 65 will be a bit more conservative based on past voting patterns.
Rockingham County is now included in the 6th Congressional District, currently represented by Rep. Howard Coble. This puts us back in a Piedmont area district, as we had been in for decades before being put last time in Rep. Brad Miller’s new 13th District with Raleigh. Virtually all the feedback from our citizens suggests that this move back to the 6th District is a very welcomed one.
As you can see, even the summary of highlights is extensive and I could not begin to cover all of what was done. It was indeed a historic, busy, but efficient session. The new majority made good on its “100 day agenda”. But, North Carolina (and Washington, DC) have divided government. The Governor was able to thwart some of our efforts, and the President's liberal spending agenda continues to be a major factor in the state of the economy. A state legislature certainly cannot change all that. But, we did begin to change the direction of the state whose borrow, tax, and spend policies had spun out of control. It is only a start, as the road to getting our state and nation onto a sound footing will be a long road indeed.
There are no quick fixes to the major problems we face. If you generally agree with these initiatives and a change from the "borrow, tax and spend" big government mentality that is crippling our state and nation, thank you for all your support that made these changes possible. Without your votes, financial support, volunteer efforts, and definitely your prayers... none of this would have happened. With your support, we will continue to work to make a difference for the better. God bless you, and best wishes for a wonderful new year in 2012. I do ask for your continued support as together we face the great challenges before us. Bert
December 31, 2011
October 25, 2011
Legislative Record - Pro-Jobs, Pro-Business
By the time the current legislature had taken office in January, we had inherited the worst economic crisis in our state since the Great Depression, aside from our problems nationally. As state government spending had doubled in the past decade, we had the largest budget shortfall in state history even after huge billion-dollar tax increases in six of the past eight years.
The one-time federal “stimulus money” had been spent during the prior year to prop up the state budget for that year, rather than facing the difficult choices necessary to address a recurring, growing problem. Dedicated funds such as the state Rainy Day Fund and the Highway Trust Fund had been depleted to spend on other government expenses rather than cutting optional spending. The State Health Plan was insolvent with an actuarial shortfall exceeding $30 Billion.
The direction of the fiscal policy of our state simply had to change. Meanwhile as our state unemployment had risen to record levels, the nonpartisan Tax Foundation ranked our government policies among the worst ten business climates in the nation regarding taxes and regulations. Our state government needed to be more responsive and supportive for businesses to create jobs. More “borrow, tax and spend” was the problem, not the answer. We simply had to chart a better course for our state.
A report released this week by the nonpartisan North Carolina Free Enterprise Foundation says that the new majority kept their word and began a new direction that will help our state recover. The report says that the legislature was considerably more pro-jobs and business, and had successfully reversed the course of decline in this critical area over the past decade.
FROM THE REPORT… Representative Bert Jones (R-Rockingham) received a perfect score on the fourteen House Bills measured in the report. Every state legislator was evaluated based on their votes on these bills deemed most important to support businesses and jobs in our state. Over half the House members received favorable pro-business ratings (about 98% of Republicans and about 12% of Democrats), but only about ten percent of all members received a perfect (14 for 14) score. The foundation recognized Jones in their top category as a “consistent supporter” of these free enterprise positions.
Jones said he was honored to be recognized for his work on behalf of much-needed jobs in our state. “It was a team effort of people that were committed to making necessary changes to improve our state. There is still much work to do, but the new direction was needed and long overdue. More government, more taxes, more debt, and more spending are not the answer.”
The General Assembly passed new laws that limited huge subjective medical malpractice awards, established more balanced and fair workers' compensation rules, restricted how local governments could compete with private businesses, and pulled back the rule-making authority of environmental bureaucracies. Many of these laws were similar to those already in effect in other states whereby North Carolina had been at considerable competitive disadvantage. The recovery will not be immediate and there is much to be done on a national scale, but a better course has been charted in many areas for our state.
North Carolina lawmakers recognized that our businesses needed to be spurred on during an economic downturn, and that jobs and the economy are top concerns, said John Rustin, executive director of the nonpartisan foundation. "The legislature and the legislative leadership allowed significant business-related bills not only to come up for consideration but to be voted on," Rustin said. "The members of the legislature in large part understood the importance of those bills."
SOME FINAL COMMENTS… I am particularly pleased with the objective nature of the survey of votes on these important bills found in this nonpartisan report. This was not one of these rubber-stamp endorsements by some partisan group. The foundation is reporting on fourteen important bills that substantially improved the business climate in our state so that businesses can create and keep jobs… jobs our people desperately need. The nonprofit foundation has a bipartisan board of Republicans and Democrats, and its history shows it to be issue-oriented and nonpartisan.
I will continue to be in touch with and respond to the needs of our people. Most people just want an opportunity… a chance for a decent job. Our state government needs to encourage businesses and jobs, whereas too often government has been a jobs-killer in the past. There is still much to do, and we desperately need a new vision from Washington. But as long as I serve, I will work hand-in-hand together with our business community, including our locally owned small businesses that create the vast majority of jobs. Together we will work for the best, pro-business, pro-family state we can be.
Our next series of newsletters will highlight several of the important bills that were passed during the 2011 session… the “long session” of this biennium. The legislature is currently out of regular session until the “short session” which begins next May. In the meantime, we will only meet in Raleigh when our committees have meetings or when we are called for a special session, which may be just a day or two at a time as needed. Our legislative office remains open and my legislative assistant checks our messages, so do not hesitate to call (919-733-5779) if you need our assistance.
Take care and God bless, Bert
The one-time federal “stimulus money” had been spent during the prior year to prop up the state budget for that year, rather than facing the difficult choices necessary to address a recurring, growing problem. Dedicated funds such as the state Rainy Day Fund and the Highway Trust Fund had been depleted to spend on other government expenses rather than cutting optional spending. The State Health Plan was insolvent with an actuarial shortfall exceeding $30 Billion.
The direction of the fiscal policy of our state simply had to change. Meanwhile as our state unemployment had risen to record levels, the nonpartisan Tax Foundation ranked our government policies among the worst ten business climates in the nation regarding taxes and regulations. Our state government needed to be more responsive and supportive for businesses to create jobs. More “borrow, tax and spend” was the problem, not the answer. We simply had to chart a better course for our state.
A report released this week by the nonpartisan North Carolina Free Enterprise Foundation says that the new majority kept their word and began a new direction that will help our state recover. The report says that the legislature was considerably more pro-jobs and business, and had successfully reversed the course of decline in this critical area over the past decade.
FROM THE REPORT… Representative Bert Jones (R-Rockingham) received a perfect score on the fourteen House Bills measured in the report. Every state legislator was evaluated based on their votes on these bills deemed most important to support businesses and jobs in our state. Over half the House members received favorable pro-business ratings (about 98% of Republicans and about 12% of Democrats), but only about ten percent of all members received a perfect (14 for 14) score. The foundation recognized Jones in their top category as a “consistent supporter” of these free enterprise positions.
Jones said he was honored to be recognized for his work on behalf of much-needed jobs in our state. “It was a team effort of people that were committed to making necessary changes to improve our state. There is still much work to do, but the new direction was needed and long overdue. More government, more taxes, more debt, and more spending are not the answer.”
The General Assembly passed new laws that limited huge subjective medical malpractice awards, established more balanced and fair workers' compensation rules, restricted how local governments could compete with private businesses, and pulled back the rule-making authority of environmental bureaucracies. Many of these laws were similar to those already in effect in other states whereby North Carolina had been at considerable competitive disadvantage. The recovery will not be immediate and there is much to be done on a national scale, but a better course has been charted in many areas for our state.
North Carolina lawmakers recognized that our businesses needed to be spurred on during an economic downturn, and that jobs and the economy are top concerns, said John Rustin, executive director of the nonpartisan foundation. "The legislature and the legislative leadership allowed significant business-related bills not only to come up for consideration but to be voted on," Rustin said. "The members of the legislature in large part understood the importance of those bills."
SOME FINAL COMMENTS… I am particularly pleased with the objective nature of the survey of votes on these important bills found in this nonpartisan report. This was not one of these rubber-stamp endorsements by some partisan group. The foundation is reporting on fourteen important bills that substantially improved the business climate in our state so that businesses can create and keep jobs… jobs our people desperately need. The nonprofit foundation has a bipartisan board of Republicans and Democrats, and its history shows it to be issue-oriented and nonpartisan.
I will continue to be in touch with and respond to the needs of our people. Most people just want an opportunity… a chance for a decent job. Our state government needs to encourage businesses and jobs, whereas too often government has been a jobs-killer in the past. There is still much to do, and we desperately need a new vision from Washington. But as long as I serve, I will work hand-in-hand together with our business community, including our locally owned small businesses that create the vast majority of jobs. Together we will work for the best, pro-business, pro-family state we can be.
Our next series of newsletters will highlight several of the important bills that were passed during the 2011 session… the “long session” of this biennium. The legislature is currently out of regular session until the “short session” which begins next May. In the meantime, we will only meet in Raleigh when our committees have meetings or when we are called for a special session, which may be just a day or two at a time as needed. Our legislative office remains open and my legislative assistant checks our messages, so do not hesitate to call (919-733-5779) if you need our assistance.
Take care and God bless, Bert
September 20, 2011
Marriage Defined: One Man, One Woman
I am writing this newsletter update slightly belated after a couple of weeks ‘on the road’… a session in Raleigh, a quick family vacation that was postponed because of Hurricane Irene, a return to Raleigh to meet with committee, and then a trip to a legislator’s conference on improving education for K-12 children.
The legislature met last week to take up several items of business. The issue grabbing the headlines was giving the citizens the right to vote on a constitutional amendment to clearly define marriage as between one man and one woman. Ten House Democrats joined with 65 Republicans to clear the three-fifths supermajority necessary to put a constitutional amendment on the ballot. No Democrats voted with the 30 Republicans in the Senate that supported the measure. The governor cannot veto a constitutional amendment vote.
Both statewide polling and especially local reaction has been very favorable regarding this issue. Over 30 states have already enacted such constitutional protections regarding marriage. North Carolina remains the only state in the entire South that has not done so. Opponents argue this ‘discriminates’. I disagree that this discriminates unfairly... but any definition of marriage discriminates in the true sense of the word. We discriminate by not allowing polygamy. We do not allow one to marry a close relative, a parent or a sibling. We do not allow children to marry. You can't marry your pet. In fact, those of us that are married discriminated our spouse from everyone else when we married them. So... marriage discriminates (not negatively, but it 'discriminates' in the true sense of the word... just as we discriminate red from yellow from green, etc).
Other relationships can and will still be practiced after this amendment passes, if it does. They just will not be classified as "marriage", and that traditional union between one husband and one wife will remain distinctive. Natural law has affirmed this definition of marriage for thousands of years. I believe that it is the proper family structure that God has ordained and has been the fundamental building block of our society.
Such a constitutional amendment ballot initiative simply puts the question in the hands of our citizens to decide, rather than letting one judge make a decision to plunge it into a court battle as has happened in other states. The vote will be held during the May 2012 primary. The preference was to vote on it in November when more people vote, but the House Democrats would not agree to this and their votes were needed in order to pass the measure.
On a personal note, I have decided that I will run for a second term in the House next year. I have also decided to rejoin the Republican Party. As a conservative, I have caucused with the Republican majority from day one in Raleigh as I have reported. The session has been historic and produced much needed change to begin to put our state on a better course. I continue to very much value principle over partisanship. Like many conservatives and Republicans, I have at times been very disappointed when the national Republican Party abandoned its principles of limited government scope and spending. As a private citizen this had led me to become unaffiliated after many years service as a Republican. But, since our system basically runs as a two-party system, I feel that going forward I can continue to serve most effectively on behalf of my constituents by serving within the more conservative party of the two in Raleigh. My faith in God, patriotism of country, and loyalty to the values we share continue to guide me as always.
Finally, if you didn’t already know, this past week was Constitution week… the 224th anniversary of our U.S. Constitution signed in September 1787. It has been disgraceful to see the steady decline of personal and states’ rights during the progressive era, but let us hope that true constitutional principles will make a dramatic comeback. The document was not perfect, but the perfect is not the enemy of the good. Long live our Constitution and those principles of liberty and freedom for which it stands.
Take care and God bless, Bert
The legislature met last week to take up several items of business. The issue grabbing the headlines was giving the citizens the right to vote on a constitutional amendment to clearly define marriage as between one man and one woman. Ten House Democrats joined with 65 Republicans to clear the three-fifths supermajority necessary to put a constitutional amendment on the ballot. No Democrats voted with the 30 Republicans in the Senate that supported the measure. The governor cannot veto a constitutional amendment vote.
Both statewide polling and especially local reaction has been very favorable regarding this issue. Over 30 states have already enacted such constitutional protections regarding marriage. North Carolina remains the only state in the entire South that has not done so. Opponents argue this ‘discriminates’. I disagree that this discriminates unfairly... but any definition of marriage discriminates in the true sense of the word. We discriminate by not allowing polygamy. We do not allow one to marry a close relative, a parent or a sibling. We do not allow children to marry. You can't marry your pet. In fact, those of us that are married discriminated our spouse from everyone else when we married them. So... marriage discriminates (not negatively, but it 'discriminates' in the true sense of the word... just as we discriminate red from yellow from green, etc).
Other relationships can and will still be practiced after this amendment passes, if it does. They just will not be classified as "marriage", and that traditional union between one husband and one wife will remain distinctive. Natural law has affirmed this definition of marriage for thousands of years. I believe that it is the proper family structure that God has ordained and has been the fundamental building block of our society.
Such a constitutional amendment ballot initiative simply puts the question in the hands of our citizens to decide, rather than letting one judge make a decision to plunge it into a court battle as has happened in other states. The vote will be held during the May 2012 primary. The preference was to vote on it in November when more people vote, but the House Democrats would not agree to this and their votes were needed in order to pass the measure.
On a personal note, I have decided that I will run for a second term in the House next year. I have also decided to rejoin the Republican Party. As a conservative, I have caucused with the Republican majority from day one in Raleigh as I have reported. The session has been historic and produced much needed change to begin to put our state on a better course. I continue to very much value principle over partisanship. Like many conservatives and Republicans, I have at times been very disappointed when the national Republican Party abandoned its principles of limited government scope and spending. As a private citizen this had led me to become unaffiliated after many years service as a Republican. But, since our system basically runs as a two-party system, I feel that going forward I can continue to serve most effectively on behalf of my constituents by serving within the more conservative party of the two in Raleigh. My faith in God, patriotism of country, and loyalty to the values we share continue to guide me as always.
Finally, if you didn’t already know, this past week was Constitution week… the 224th anniversary of our U.S. Constitution signed in September 1787. It has been disgraceful to see the steady decline of personal and states’ rights during the progressive era, but let us hope that true constitutional principles will make a dramatic comeback. The document was not perfect, but the perfect is not the enemy of the good. Long live our Constitution and those principles of liberty and freedom for which it stands.
Take care and God bless, Bert
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