HB 90 passes Senate - laden with add ons
Published February 9, 2018
by Rick Henderson, Carolina Journal and NC SPIN panelist, February 9, 2018
Senate Republicans suggested the state could approach a constitutional crisis if it enables a governor to control money outside the normal budgetary process. Some suggested Democrats’ loyalty to Gov. Roy Cooper surpassed their commitment to public education, if not the constitution itself.
Senators spent more than 90 minutes Friday, Feb. 9, debating House Bill 90 before passing the measure 37-5. H.B. 90 is a House-Senate conference report providing money to hire teachers, satisfying a mandate to reduce class sizes in grades kindergarten through three; revamping the Bipartisan State Board of Elections and Ethics Enforcement to address a court order; and taking charge of a $57.8-million discretionary fund Gov. Roy Cooper negotiated with the operators of the Atlantic Coast pipeline.
The fund has faced tough scrutiny from Carolina Journal and various media outlets. It also has raised questions from lawmakers and other experts over whether it violates the separation-of-powers doctrine in the state constitution, since the agreement (called a “voluntary contribution” by the governor’s budget office) gives Cooper full control of the funding and would not include any legislative oversight.
During the debate, Democrats complained that the conference report combined three unrelated measures into one bill — Sen. Angela Bryant, D-Nash, called the latter two “poison pill” provisions — deserving more time and separate debates. Republicans cited the urgency of acting quickly and questioned Democrats’ willingness to provide cover for Cooper when doing so could threaten the ability of the General Assembly to set spending policy as the constitution requires.
Sen. Dan Bishop, R-Mecklenburg, had a pointed exchange with Bryant over the matter. “We are tiptoeing up to a constitutional conflict,” Bishop said, if the General Assembly allows any governor to raise money outside the budget process and exercise control over it.
Senate Majority Leader Harry Brown, R-Onslow, said it would be irresponsible to put those powers in any governor’s hands.
Bryant, and Sen. Erica Smith-Ingram, D-Northampton, suggested the money in the discretionary fund would go to worthy causes and saw no problem with letting it go forward.
Brown and Bishop also cited urgency as justification to include the elections board reforms in the conference report. Both noted the pending election season. Candidate filing for races opens Monday, Feb. 12.
In a statement issued after the vote, Brown said, “Gov. Cooper’s deal looks like a payment-for-permit and doesn’t pass the smell test, and the right thing to do is to take this ‘voluntary contribution’ to the state and use it to fund the educational needs of children in the poor, rural communities impacted by the Atlantic Coast Pipeline.”
The House is expected to take up the measure Tuesday, Feb. 13.
February 10, 2018 at 10:29 am
Norm Kelly says:
Consider me a skeptic. I'd be willing to bet my retirement that if the Governor were a Republican, it's the demoncrats who would object to this money.
What it comes down to is that NO GOVERNOR should have play money like this. Not because Roy is a liberal, but because it just gives power to a single person that should not exist. And for lib/socialist/demon pols to claim that Roy would use it for good causes is so disingenuous that it's actually ridiculous, to put it in mild terms that won't be edited by NCSpin. If the gov were a Republican, would demons trust the money would be spent on 'worthy causes'? An obvious trick question, which will throw off most libs reading, cuz the answer is a resounding NO!
The other part of this question comes down to WHY money was given to Roy by this company. Was this a pay-off? If the governor were a Republican, most 'news' papers, most TV 'news' organizations, and probably several state agencies would be investigating. The conclusion, before investigations even started, would be that this was a bribe in order to get approval. But because Roy is a good demon, a good lib, someone who only has 'the children' in mind, he should be allowed to have this money, and there should be no concerns. Then, when Roy actually spent the bribe money, not a single investigation of where he spent it, nor any reporting of where he spent it, would be considered. Cuz he's a demon pol, and everyone just knows that demons ONLY have good intentions. (doesn't matter how infrequently those good intentions do actual harm, it's the thought that counts. cuz these are demons we're talking about.)
Does my post mean I trust Republicans more to handle this bribe appropriately? No. I might trust demons NOT AT ALL, but I only trust Republicans about 10-20%, so the spread isn't significant. I'm sure someone will claim there are good demon pols, but I'll wait for the evidence. I'm sure there are good Republican pols too, just too few of them. And when the good ones get to do what they know to be right, the majority of NC citizens benefit.
