Institute for Legislative Analysis

John A. Torbett

This motion overrides the Governor's veto of the Regulatory Reform Act of 2023, which contains several provisions generally reducing environmental regulations. For example, the bill requires the Department of Environmental Quality to approve or deny maintenance dredging and energy and fuel pipeline applications within 60 or 90 days and issue a certification if discharges into navigable waters comply with the state's water quality requirements. The bill also includes the Supply Chain Emergency Act of 2023, which authorizes the Commissioner of Agriculture, with the approval of the Board of Agriculture, to "implement any emergency measures and procedures" if the Commissioner "determines that there is an imminent threat to or a disruption of the agricultural supply chain or food supply chain with respect to poultry due to a lack of capacity at rendering facilities or landfills." Support is the Limited Government Position as this bill helps provide relief from environmental regulations, allowing individuals to avoid costly and burdensome permitting requirements.

Providing Significant Regulatory Relief Through the "Regulatory Reform Act of 2023".

This bill prohibits localities from banning the construction of an accessory dwelling unit (ADU), along with several other limitations. Support is the Limited Government Position as this bill strengthens both property rights and helps combat overreaching zoning and land use ordinances. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Strengthening Property Rights by Prohibiting Localities from Banning Accessory Dwelling Units (ADUs).

This bill establishes a new health insurance mandate concerning breast cancer examinations which require insurance plans that cover diagnostic or supplemental examinations for breast cancer to have cost-sharing provisions that are no less favorable than those that apply to low-dose screening mammography for breast cancer. Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Hiking Health Insurance Premiums Through a New Mandate on Co-Pays and Deductibles for Diagnostic and Supplemental Screenings for Breast Cancer.

This motion overrides the Governor's veto of a bill which amends several provisions of the North Carolina Consumer Finance Act. Most notably, the bill raises the maximum allowable interest rate which lenders may charge on consumer loans (from 30% to 33% on the first $4,000 of loans that are $12,000 or less). The bill also increases the maximum amount of loans which fall under the regulation of the act from $15,000 to $25,000. Finally, the bill requires loan servicers to be licensed under the act (previously only lenders), increases the application fee from $250 to $500, and increases the minimum assessment on assets from $500 to $1,000. Support is the Limited Government Position as the free-market - not government price controls - is the best mechanism to ensure the lowest borrowing rates and greatest available credit options for all borrowers. While this bill does increase licensing requirements and fees, and subjects additional loans to the act, the regulatory relief related to interest rates will help expand borrowing and lending opportunities, especially during periods of high inflation.

Expanding Borrowing and Lending Opportunities by Raising the Maximum Allowable Interest Rate on Consumer Loans.

This bill legalizes sports betting. Under the bill, North Carolina would join neighboring states Tennessee and Virginia which have legalized sports gambling. The bill imposes a 18% tax on gross wagering revenue, with some of the revenue utilized for addiction treatment. Support is the Limited Government Position as individuals - not bureaucrats - should have decision rights over how to utilize the fruits of their labor - even when it comes to risky endeavors such as betting. Not only does this measure provide desperately needed property tax relief which will make housing more affordable, but it also helps eliminate the financial fraud and other significant societal harms that the current black market in gambling presents to North Carolinians.

Strengthening Individual Liberties and Growing the Tax Base by Legalizing Sports Betting.

This bill requires that for commercial and multifamily building permit applications requiring the seal of a licensed professional engineer or licensed architect, localities shall review the application and issue a decision within 21 business days. If the locality does not issue a decision in that timeframe, or is unable to, the applicant may contract with a code-enforcement official, licensed professional engineer, or licensed architect to perform an independent third-party review. If certified, the permits must be issued within 3 business days and any plan review and permit fees must be waived or refunded. Support is the Limited Government Position as permitting delays can result in substantial additional costs imposed on builders and property owners.

Reducing Bureaucratic Red Tape to Building and Development by Requiring Local Permitting Decisions within 21 Days.

This bill, the Pretrial Integrity Act, requires judges, rather than magistrates, to determine whether individuals charged with certain crimes may be released on bond. This includes offenses such as murder, human trafficking, and first degree burglary. Additionally, if an individual is arrested for a new offense while already on pretrial release, a judge must determine the conditions for the new bond, after considering the individual's criminal history and risk assessment. Support is the Limited Government Position as protecting property rights and ensuring public safety are essential roles of government. Unfortunately, this measure is especially necessary considering the rising crime rates that have resulted from catch-and-release "criminal justice reform" policies which are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Strengthening Law and Order by Reforming Pre-Trial Bail Laws to Combat "Catch-and-Release" Practices.

This bill, the Property Owners Protection Act, expands the crime of second degree trespass to include unauthorized entry and remaining "on the curtilage of a dwelling of another between the hours of midnight and 6:00 A.M." Violations are a Class 2 misdemeanor. Support is the Limited Government Position as protection of private property is one of the highest duties of government and an essential component of maintaining a free and prosperous society.

Strengthening Property Rights by Expanding Protections Against Trespassing on Private Land.

This motion overrides the Governor's veto of a bill which establishes the "Parents' Bill of Rights" and contains a number of provisions surrounding elementary and secondary education. The bill declares that parents have the right "To direct the education and care of his or her child." The bill also includes specific rights, such as choosing an alternative to public education, access to textbooks and other supplementary instructional materials, and access to their child's student health records. Finally, the bill prohibits instruction on gender identity, sexual activity, or sexuality prior to fifth grade. Support is the Limited Government Position as strong parental rights are a critical element of a free society.

Strengthening the Integrity of the Public Education System by Providing Parents a Series of Rights.

This bill requires local law enforcement agencies to comply with detainers issued by U.S. Immigration and Customs Enforcement (ICE). The bill also amends the offenses for which a jail administrator is required to attempt to determine if an individual is a legal U.S. resident. Support is the Limited Government Position as protecting property rights and ensuring public safety are essential roles of government. Measures such as this strengthen national security by improving the ability of federal authorities to monitor and deport dangerous individuals residing in the country unlawfully.

Strengthening National Security by Requiring Law Enforcement Agencies to Comply with ICE Detainers.

This bill, the Cash Commitment Act, mandates that most retail establishments and healthcare providers accept cash for transactions, with some exceptions. The bill also prohibits charging a higher price to pay with cash as opposed to other forms of payment. Oppose is the Limited Government Position as this measure infringes private contracting rights while also placing a significant regulatory barrier on businesses in high-crime areas. While there are legitimate concerns for government attempting to eliminate cash and create its own digital and trackable currency, such issues should be addressed in targeted legislation as opposed to this overreaching mandate that harms businesses.

Preventing Private Businesses from Setting their Own Payment Method Policies by Mandating Retail Establishments Accept Cash.

The Ager amendment #4 to the appropriations bill. This amendment eliminates language in the bill prohibiting the Governor and state agencies from requiring public electric utilities or individuals with an electric generating facility to participate in a cap and trade or similar system. The language also prohibits the Governor and the Department of Environmental Quality from entering into an agreement with other states requiring North Carolina to participate in such a program. Oppose is the Limited Government Position as implementation of cap and trade and similar systems unnecessarily increases consumer electricity costs while significantly harming the competitiveness of the state's manufacturing sector.

Hiking Utility Rates by Allowing the Governor and State Agencies to Mandate Cap and Trade Programs.

This bill clarifies that a "transient occupancy" of less than 90 consecutive days at a hotel, campground, or similar location does not create a tenancy or a residential tenancy under the state's landlord and tenant laws. Support is the Limited Government Position as this bill helps keep consumer costs low by ensuring hotels and similar businesses are not subject to expensive and lengthy eviction proceedings.

Strengthening Property Rights at Hotels and Campgrounds by Clarifying that Stays Under 90 Days Do Not Entitle Customers to "Tenancy Rights".

This bill places restrictions on the instruction of divisive topics in public school classrooms, such as Critical Race Theory (CRT). For example, the bill prohibits promoting that one race is inherently superior to another, or that a person is responsible for past actions of others due to their sex or race. Support is the Limited Government Position as the public education system should be solely utilized to promote excellence in core subject fields, such as reading, mathematics, and the sciences, as well as to prepare children for their careers. Schools should be held accountable to parents, and measures such as this bill are crucial to ensure classrooms are not weaponized to advance any political or social agendas onto children.

Strengthening the Integrity of the Public Education System by Prohibiting Instruction on Divisive Concepts Such as Critical Race Theory (CRT).

This bill contains several provisions related to wastewater system regulation. For example, the bill prohibits cities from requiring properties to be connected to sewer lines if "the city has inadequate capacity to transport and treat the proposed new wastewater" or the costs to connect to the sewer line are greater than the costs to install an on-site wastewater system. Cities may not require properties to be connected to water lines "if adequate water pressure cannot be achieved using the same piping size as the meter provides to the owner's premises." Similarly, the bill provides that counties may only require properties to be connected to sewer lines "if the county has adequate capacity to transport and treat the proposed new wastewater." The bill also requires the Department of Health and Human Services to conduct a "completeness review" of an application for on-site wastewater system improvement permit within 5 days (previously, DHHS had 10 days to issue or deny a permit). Finally, the bill establishes an occupational license for an "environmental health associate," including education requirements, who may perform certain duties while reporting to a registered environmental health specialist. Support is the Limited Government Position as, while the bill does establish a new occupational licensing requirement, the bill helps provide regulatory relief, allowing individuals to avoid costly and burdensome permitting requirements. The bill also protects against local government overreach. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Providing Significant Regulatory Relief and Protecting Against Local Government Overreach Through Wastewater and Environmental Regulatory Reform.

This bill would direct juveniles 16 and older who committed Class A through G felonies to be transferred to superior court for trial as an adult once an indictment is returned (rather than requiring a finding by the court that an indictment has been returned), unless the prosecutor declines for Class D-G felonies. Juveniles under 16 must be transferred to superior court for trial as an adult if an indictment is returned for a Class A felony (rather than only if a court finds probable cause). In such cases, the bill allows a court to order the release of information about the suspect to the public if the court determines that the juvenile is a danger to themselves or others and "good cause exists for the disclosure." Finally, if a parent, guardian, or custodian is not available, the bill allows questioning of juveniles 16 and older if a "caretaker" (such as a step-parent, foster parent, or adult household member) is present. Support is the Limited Government Position as protecting property rights and ensuring public safety are essential roles of government. Unfortunately, this bill is especially necessary due to many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Increasing Public Safety by Strengthening the Ability to Try Juvenile Offenders Who Commit Felonies as Adults.

This bill requires all public schools to provide 100% muscadine grape juice in the school's cafeteria or in vending machines, with public colleges and universities also required to make it available in vending machines. The bill also directs the Department of Agriculture and Consumer Services to expand the "Farm to School Program" to include fruit products produced by participants of the "Got To Be NC" marketing program. Oppose is the Limited Government Position as this measure merely enriches government-favored entities. Lawmakers should eliminate this program entirely, much less expand it.

Further Enriching Government-Favored Entities by Requiring Grape Juice in All Public Schools.

This motion overrides the Governor's veto of a bill which contains several provisions related to handgun purchases and concealed carry. The bill allows individuals with a concealed handgun permit, or exempt from obtaining one, to carry a handgun in a place of religious worship that also contains a school, outside of school operating hours, which includes times when being used for educational or other school-sponsored activities, or "for programs for minors by entities not  affiliated with the religious institution." Additionally, the bill eliminates the requirement that an individual obtain a permit from the sheriff, or have a concealed carry permit, in order to purchase a pistol. Support is the Limited Government Position as "gun free zones" do not protect communities, rather they place individuals in defenseless positions against criminals who do not abide by the law. While the restriction should be eliminated entirely, this measure serves as a step in the right direction. Additionally, this measure provides an additional layer of protection for individuals to exercise their Second Amendment rights without being unduly restricted by government.

Strengthening Self-Defense and Second Amendment Rights by Allowing Concealed Carry on Religious School Property and Eliminating the Permit Requirement for Pistol Purchases.

The Brown amendment #7 to the appropriations bill. This amendment eliminates a section in the bill titled "Modernize Selection of Instructional Materials," which includes several provisions related to the selection of school instructional materials. For example, the eliminated language requires local boards of education to select instructional materials for schools and to hold a public hearing when selecting materials for "Health and safety programs", such as "Reproductive health and safety", and "Mental and emotional health". Local boards are also required to provide public access to instructional materials and curricula and establish a "local community media advisory committee" to evaluate challenges to instructional materials as being inappropriate. Oppose is the Limited Government Position as strong parental rights in their child's education are a critical element of a free society, and local school boards should be held accountable to parents and students to ensure children are not unduly subjected to sensitive topics.

Weakening Parental Rights in Education by Blocking Transparency of Instructional Materials Chosen by Local School Boards.

This resolution applies to Congress for a convention of the states to propose amendments to the U.S. Constitution "that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress." Support is the Limited Government Position as term limits are a critical tool to ensure government remains accountable to the people and not lobbyists or special interests. A review of voting records shows the majority of lawmakers become less conservative in their voting the longer they remain in office. Additionally, lawmakers must rein in the out-of-control spending and $33 trillion in national debt, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Applying for a Convention of the States to Propose Constitutional Amendments Imposing Term Limits and Fiscal Restraints.

This motion overrides the Governor's veto of a bill which contains several provisions related to election laws. Most notably, the bill requires absentee ballots to be returned by 7:30 p.m. on election day to be counted. Previously, ballots received by 5:00 p.m. on the third day after the election were counted, as long as they were postmarked by election day. Additionally, for same-day voter registrations, the bill requires those ballots not be counted if the address verification card mailed to the voter is returned as undeliverable by the day before election results are canvassed (previously 2 notices). Additionally, if an individual requests to be disqualified from jury duty because they are not a U.S. citizen, their information must be reported to the State Board of Elections. Finally, the bill prohibits outside groups from funding the administration of election operations. This is in response to the over $400 million in "Zuckerbucks" and other outside funds that were provided to influence elections across the nation. Support is the Limited Government Position as the private funding of election operations introduces serious concerns over the integrity and fairness of election outcomes. Maintaining strong safeguards against voter fraud is critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity by Requiring Absentee Ballots be Returned by Election Day and Prohibiting the Usage of Private Funds for Election Administration.

This bill imposes a series of new regulations on Pharmacy Benefit Managers (PBMs). For example, PBMs are restricted from charging certain fees, utilizing "spread pricing" models, or utilizing certain reimbursement practices. Oppose is the Limited Government Position as the nation witnessed first-hand the disastrous consequences and cost of growing government regulatory power in healthcare (i.e. Obamacare). Instead of working to promote a freer market through regulatory reduction, lawmakers added a series of new layers of regulations through this measure, including utilizing government to provide local pharmacies with more favorable outcomes in their private contract negotiations with PBMs.

Growing Government Regulatory Power within the Pharmaceutical Industry by Imposing a Series of New Mandates on Pharmacy Benefit Managers.

This bill, the NC Genetic Counselors Workforce Act, requires anyone who provides genetic counseling services in the state to become licensed, pay a fee, and obtain a national certification. The license must be renewed every two years. The bill also establishes an alternative pathway for individuals who have not taken the national certification exam but hold a master's degree, have worked as a genetic counselor for at least 10 years, and have attended continuing education programs in the past 5 years. Oppose is the Limited Government Position as this bill increases unnecessary employment barriers. Ultimately, the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs. Most government licensing entities are overly restrictive and are largely advocated by special interests seeking to restrict competition in the marketplace.

Increasing Employment Barriers and Reducing Competition by Forcing Genetic Counselors to Obtain a License.

This bill, known as the "Access to Healthcare Options" Act, expands Medicaid (government-provided healthcare) to individuals under 65 with incomes up to 133% of the federal poverty guidelines. The bill establishes a new "health advancement assessment" on all public and private hospitals to help cover the additional cost of expanding Medicaid and increase hospital reimbursements. Additionally, the bill makes various exemptions to the state's certificate of need laws, such as for psychiatric beds and facilities, chemical dependency treatment beds and facilities, replacement equipment up to $3 million (increased from $2 million), and magnetic resonance imaging (MRI) scanners in counties with a population over 125,000. Finally, the bill requires the Secretary of Commerce to establish "a seamless, statewide, comprehensive workforce development program, bringing together new opportunities with the current workforce development opportunities" offered by state agencies. Oppose is the Limited Government Position as, while the bill slightly reduces anti-competitive certificate of need regulations, the bill further grows government dependency under the government welfare state. The state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Increasing Government Dependency and Ballooning Medicaid Welfare Spending by Expanding Medicaid.

This bill, the "Choose Your School, Choose Your Future" Act, expands the Opportunity Scholarship Program to all students who are eligible to enroll in public K-12. This scholarship allows students to receive funding for educational expenses, such as tuition at a private school, textbooks, and transportation, with the amount of funding based on household income. Support is the Limited Government Position as this bill improves educational outcomes for all students by fostering competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Improving Educational Outcomes by Making All Students Eligible for School Choice Under the Opportunity Scholarship Program.

This motion overrides the Governor's veto of a bill which prohibits state agencies from asking prospective job applicants to provide a statement on "matters of contemporary political debate or social action." The bill also places restrictions on the promotion of divisive topics in state government workplaces and training programs, such as Critical Race Theory (CRT). For example, the bill prohibits promoting that one race is inherently superior to another, or that a person is responsible for past actions of others due to their sex or race. Support is the Limited Government Position as this measure helps protect taxpayer funds from being utilized to promote politicized DEI efforts which sow division amongst Americans and are intended to further grow the role of government.

Reducing Politicization and Strengthening Government Integrity by Prohibiting Critical Race Theory (CRT) in Government Agencies and Training Programs.

This motion overrides the Governor's veto of a bill which increases the maximum allowable interest rate sellers may charge on a consumer credit installment sale contract. The bill eliminates an incremental scale based on the amount financed, allows a maximum of 24% if the amount financed is under $3,000, and 21% if over $3,000. If the purchase if for a vehicle, the maximum rate varies depending on the age of the vehicle, with the maximum rate increased to 30% for vehicles 6 years and older. Support is the Limited Government Position as the free-market - not government price controls - is the best mechanism to ensure the lowest borrowing rates and greatest available credit options for all borrowers. This slight regulatory relief will help expand borrowing and lending opportunities, especially during periods of high inflation.

Expanding Borrowing and Lending Opportunities by Raising the Maximum Allowable Interest Rates on Consumer Credit Installment Sale Contracts.

This bill prohibits public institutions of higher education (colleges and universities) from asking prospective job or student applicants to provide a statement on "matters of contemporary political debate or social action." Support is the Limited Government Position as this measure helps protect taxpayer funds from being utilized to promote politicized DEI efforts which sow division amongst Americans and are intended to further grow the role of government.

Reducing Politicalization at State Institutions of Higher Education by Prohibiting Public Universities from Soliciting Divisive Statements from Prospective Employees or Students.

The Longest amendment #18 to the appropriations bill. This amendment reduces the fee for families that receive child care subsidies and are required to pay a portion of the costs, from 10% to 7% of their gross family income. Oppose is the Limited Government Position as this measure further grows government dependency, which oftentimes leads to intergenerational poverty. Instead of forcing taxpayers to pay for the childcare costs of other individuals, lawmakers should advance de-regulatory policies across the childcare industry to lower costs and expand competition. This free-market approach is the best way to make childcare more affordable.

Growing Government Dependency and Wealth Redistribution by Increasing Child Care Subsidies.

This motion overrides the Governor's veto of a bill which contains several provisions related to building codes and regulations. Under the bill, a new Residential Code Council is established to manage the residential building code beginning in 2025, and the existing Building Code Council is prohibited from adopting new residential building code rules related to mechanical, fuel gas, or energy conservation in the interim. The bill also requires the adoption of new rules which include three and four-family homes within the residential building code. Finally, the threshold for a project requiring a licensed contractor is increased from $30,000 to $40,000. Support is the Limited Government Position as this bill lowers housing costs by reducing regulatory barriers.

Reducing Regulatory Burdens in Housing Construction by Establishing a Residential Code Council.

This bill increases the cap (from 1% to 10%) on the amount of a utility company's system capacity which may be made up of leased solar facilities. The bill also directs the utilities commission to increase net metering caps. This bill will ultimately result in higher electricity costs for ratepayers due to the higher cost of solar energy and its distribution. Oppose is the Limited Government Position as solar subsidy schemes such as this measure unnecessarily hike the costs of electricity for everyday North Carolinian residents and businesses. Furthermore, the bill enriches utility companies who receive higher profits due to the increased costs.

Hiking Electricity Costs by Increasing the Cap from 1% to 10% on Solar Leasing and Net Metering Schemes.

This bill prohibits localities from passing ordinances that ban certain energy sources used by residents (such as natural gas). The bill also contains a few additional provisions surrounding the decommissioning of solar energy projects. Support is the Limited Government Position as this bill strengthens both property rights and individual liberties. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Consumer Choice by Prohibiting Local Governments from Imposing Anti-Natural Gas Ordinances.

This bill, the Grade "A" Dairy Assessment Act, allows the North Carolina Dairy Producers Association to hold a referendum on whether to establish a milk checkoff program. Under this program, dairy farmers are forced to pay into a fund (5 cents per hundred pounds of Grade A milk produced) that is used for industry research and marketing. Oppose is the Limited Government Position as it is the role of the private sector to voluntarily organize and fund product promotion for an industry, not for big producers to utilize government to financially coerce small producers to fund their activities.

Authorizing a Crony Commodity Checkoff Program for the Dairy Industry.

This bill contains several provisions related to local occupancy taxes. For example, the bill authorizes several localities to impose new or additional occupancy taxes, with the revenue to be used "to promote travel and tourism" and "for tourism-related expenditures." Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. Additionally, it is not the proper role of government to fund tourism promotion and taxpayer funds should not be utilized to advance government-favored industries.

Increasing Taxation and the Growth of Government by Allowing Localities to Impose New Taxes on Hotels for Wasteful Tourism Promotion Initiatives.

This bill contains several provisions related to the release and sentencing of individuals charged with rioting. For example, the bill requires judges, rather than magistrates, to determine the conditions for bond after considering the individual's criminal history. The bill also establishes increased sentences for rioting that results in a death and for assault on emergency personnel during a riot that causes serious bodily injury or death. Finally, the bill allows anyone who is injured or whose property is damaged by a riot to recover triple the damages, as well as court costs and attorney fees. Support is the Limited Government Position as, while penalty enhancements go against equal application of justice under the law by providing certain individuals with greater protections than others, ensuring public safety and protecting property rights are essential roles of government. Unfortunately, this bill is especially necessary due to many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Strengthening Law and Order by Reforming Pre-Trial Bail Laws and Increasing Sentences for Rioting.

The motion overrides the Governor's veto of a bill which prohibits the consideration of ESG (environmental, social, and governance) or ETI (economically targeted investments) in state investment strategies, including for the state pension system, as well as in state and local employment decisions and awarding state contracts. Investment strategies based on ESG result in reduced financial returns for taxpayers. Support is the Limited Government Position as all public investment, employment, and procurement actions should be based on producing the maximum return and value for taxpayers, not advancing political or social agendas.

Protecting Taxpayers by Prohibiting ESG (Environmental, Social, and Governance) Considerations in State Contracts, Employment, and Investment Strategies.

This bill allows private commercial building inspections. Under the bill, private inspectors must be certified by the Code Officials Qualification Board. Local governments across the state are prohibited from imposing any ordinance which prohibits private commercial inspections and localities must accept and approve private inspections. Additionally, the bill requires that for commercial and multifamily building permit applications requiring the seal of a licensed professional engineer or licensed architect, localities shall review the application and issue a decision within 21 business days. If the locality does not issue a decision in that timeframe, or is unable to, the applicant may contract with a code-enforcement official, licensed professional engineer, or licensed architect to perform an independent third-party review. If certified, the permits must be issued within 3 business days and any plan review and permit fees must be waived or refunded. Support is the Limited Government Position as inspection and permitting delays can result in substantial additional costs imposed on builders and property owners.

Reducing Bureaucratic Red Tape to Building and Development by Allowing Private Commercial Building Inspections and Requiring Local Permitting Decisions within 21 Days.

This bill directs the Department of State Treasurer to conduct a study examining various aspects of bullion and virtual currency, such as acquisition and storage, and use as a hedge against inflation and to increase investment returns. Support is the Limited Government Position as this measure serves as a step in the right direction towards ensuring taxpayers are diversified and protected in the event of extreme inflation or a hyper-inflation scenario. This is especially critical considering the reckless policies of the Federal Reserve, such as quantitative easing.

Taking Steps to Safeguard Taxpayer Investments from Run-Away Inflation Through a Study on Bullion and Virtual Currency.

This motion overrides the Governor's veto of a bill which contains several provisions related to nuclear energy. The bill replaces the state's existing Renewable Energy and Energy Efficiency Portfolio Standard (REPS) with Clean Energy and Energy Efficiency Portfolio Standard (CEPS). The new "clean energy" standards include nuclear fusion and fission, which allows utilities to meet the states 12.5% renewable energy requirement (now clean) more easily. Additionally, the bill eliminates the requirement that coal and nuclear facilities undergo a more rigorous review in order to obtain a certificate of public convenience and necessity, instead subjecting all public electric utility generating facilities to the same standard. Finally, the bill includes a provision prohibiting localities from entering "into a nondisclosure agreement in order to restrict access to public records subject to disclosure." Support is the Limited Government Position as this measure will reduce electricity costs for consumers, businesses and taxpayers by allowing utilities to utilize nuclear energy to meet the state's clean energy requirement.

Reducing Energy Costs by Including Nuclear Energy in the State's Clean Energy and Energy Efficiency Portfolio Standard.

This motion overrides the Governor's veto of a bill which contains several provisions related to charter schools. Most notably, the bill allows charter schools to increase their maximum authorized enrollment without prior approval by the State Board of Education (low-performing schools are limited to a 20% increase without approval). Additionally, the bill allows charter schools to enroll out-of-state students if they are unable to fill their current enrollment with in-state students, as well as up to 2 foreign exchange students per high school. Support is the Limited Government Position as this bill improves educational outcomes for all students by fostering competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Improving Educational Outcomes by Expanding School Choice Through Regulatory Relief for Charter Schools.

This bill implements a few reforms to tighten work requirements under the supplemental nutrition assistance program (SNAP). As a result, there are less ways for recipients age 18-59 to avoid compliance with the employment and training requirements in order to receive benefits under the welfare program. Support is the Limited Government Position as, while there are still some remaining loopholes to the work requirements that should be closed, this bill serves as a strong step in the right direction of reducing government dependency and helping work-ready adults to become self-sufficient.

Promoting Self-Sufficiency by Closing Some of the Work Requirement Loopholes Within the SNAP Welfare Program.

The Budd amendment #23 to the appropriations bill. This amendment adds language repealing the Opportunity Scholarship program, which allows certain students to receive funding for educational expenses, such as tuition at a private school, textbooks, and transportation. The amendment also requires each school district, as well as charter schools, to hire at least one "legislative compliance office" with a "legislative compliance coordinator" to create templates for teachers to use, publish curriculum assistance, perform background checks on classroom speakers, and more. Oppose is the Limited Government Position as this amendment worsens educational outcomes for all students by blocking competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

John A. Torbett

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