Wake Up Call for Friday, July 5, 2024

Prop. 123 education funding renewal effort falls short Arizona Capitol Times With Proposition 123, an additional education funding stream through the State Land Trust fund, set to lapse at the end of the next fiscal year, both parties brought out sweeping plans to retool and renew the measure. Childcare agency survives with tighter controls Arizona Capitol Times The Department of Child Safety was put in the spotlight again this legislative session, but the agency was granted a lifeline – tied to stipulations – despite some lawmakers’ stance that it should not be continued at all. Wrap Up with Minority Leader Lupe Contreras Arizona Capitol Times House Minority Leader Lupe Contreras, D-Avondale, rarely saw his caucus at full strength during the 2024 Arizona Legislative session with numerous resignations among House Democrats.  Hobbs scored wins, but loses some priorities Arizona Capitol Times At the annual State of the State Address in early January, Gov. Katie Hobbs laid out a list of issues she wanted to tackle during the 2024 legislative session.  Affordable housing bills pass – 3 signed, 1 vetoed Arizona Capitol Times After a major bipartisan housing legislation package fell through in the 2023 legislative session, affordable housing advocates were hoping the 2024 session would prove different.. Judges oppose ballot measure on judicial retention Arizona Capitol Times Before the Arizona Supreme Court handed down the highly controversial decision upholding Arizona’s 1864 abortion ban, and before efforts to oust judges materialized, anxiety over increasingly political judicial retention elections already existed. Broad abortion ban appears headed to November ballot Capitol Media Services Backers of a measure to guarantee the right to abortion turned in what they said was more than 800,000 signatures on July 3 to put the issue on the November ballot. 823,685 reasons why Republicans should be worried about Arizona's abortion initiative The Arizona Republic Arizonans working to ensure the right to an abortion on Wednesday put an exclamation point on their march to the November ballot. How about some respect, ESPN, for Pat Tillman's mother? The Arizona Republic And the Pat Tillman Award for Service goes to…Prince Harry. Celebrate America, but don't call it a Christian nation The Arizona Republic A former president who may once again ascend to the highest office in the land hawks a “patriotic” Bible — one that includes the Declaration of Independence, the Constitution, the Pledge Allegiance and right there at the end of Revelation, Lee Greenwood’s handwritten lyrics in which he proclaims he’s proud to be an American.

Robert F. Kennedy Jr. nears qualifying for Indiana ballot

Robert F. Kennedy Jr. is on the cusp of becoming the first independent presidential candidate to make Indiana’s election ballot in 24 years.

County election offices around the state reported, as of Wednesday, certifying at least 28,000 petition signatures supporting Kennedy being placed on the November ballot.

That review of petitions submitted by July 1 will continue for several more days as the Kennedy campaign looks to file more than the required 36,943 certified signatures of registered voters to the state Election Division by the July 15 deadline.

What Kennedy supporters say

Jennifer Reinoehl, a Granger resident who has helped organize the Indiana petition drive, said Kennedy supporters turned in more than 57,000 petition signatures before more were submitted in a final batch on July 1.

Reinoehl told State Affairs she was confident that the campaign’s mix of volunteers and paid workers had gathered enough signatures. But she was bracing for possible challenges by Democrats and Republicans to block Kennedy from the ballot.

“We’ve been working hard throughout the state and, really, it’s just going to come down to if the state’s going to follow the rules,” Reinoehl said.

The Kennedy campaign’s national media staff didn’t reply to messages from State Affairs seeking comment on its Indiana effort.

Kennedy’s campaign says it has met the requirements for his name to appear on the ballot in 26 states, although not all have affirmed ballot placement. His campaign says it has an aggressive ballot access operation with a $15 million budget aimed at getting Kennedy on the ballot in all 50 states and the District of Columbia. 

Indiana’s ballot requirements

Kennedy is seeking to join presumptive Democratic and Republican candidates Joe Biden and Donald Trump, respectively, and Libertarian Chase Oliver on the Indiana presidential ballot.

Libertarian Party candidates have automatically qualified for the Indiana ballot since 1994 with the party’s secretary of state nominee topping 2% of the vote in that race every four years.

Indiana law requires other minor party or independent candidates for statewide races such as president, governor or U.S. senator to gather petition signatures totaling at least that 2% mark — which is currently 36,943 based on the 2022 secretary of state election.

But the task of collecting that many petition signatures has resulted in no such candidates making Indiana’s statewide ballot since Patrick Buchanan’s 2000 presidential campaign.

Supporters of Green Party candidate Jill Stein had fewer than 9,000 signatures certified by Wednesday to place her name on Indiana’s November ballot. No other statewide hopefuls had more than 200 signatures certified, according to state Election Division reports.

Objections to Indiana’s ballot access law

The state Legislature — made up of Republicans and Democrats, with no independents or minor party members — has ignored calls to ease Indiana’s decades-long petition signature requirement. A desire to avoid ballots cluttered with numerous candidates is among the defenses for the current law.

Voting rights advocate Julia Vaughn argues the state’s ballot restrictions contribute to Indiana having among the nation’s lowest voter turnout rates.

“Voters need to have a full array of choices beyond the two major political parties and our ballot access laws make it very difficult for independent candidates to cross that bar,” said Vaughn, executive director of Common Cause Indiana. “Republicans and Democrats over the years haven’t agreed on much when it comes to election issues, but this is one thing that they have worked together on to set a very high bar for independent candidates to have ballot access.”

A federal lawsuit filed on behalf of the Green Party and the Libertarian Party claims Indiana has one of the most restrictive ballot access laws in the country, with effective petition drives costing $500,000 or more. 

A U.S. District Court judge upheld the law last year, and the Chicago-based 7th Circuit Court of Appeals has yet to rule on an appeal of that decision after hearing arguments in April.

Reinoehl, the Kennedy campaign petition organizer, contrasted the nearly 37,000 signatures needed to place Kennedy’s name on the ballot with the 4,500 signatures required of Republican and Democratic statewide candidates to make their party’s primary ballots.

“I am an independent and I have been voting independent and writing in the names of my candidates for the past two decades here,” she said. “I, of course, agree that our laws are very biased. Republicans and Democrats have to get 4,500 signatures and for independents to have to get 37,000, [it]is ridiculous.”

Tom Davies is a Statehouse reporter for State Affairs Pro Indiana. Reach him at [email protected] or on X at @TomDaviesIND.

Kansas Daily News Wire July 4, 2024

Welcome to the Kansas Daily News Wire, your daily roundup of top state and political stories from newsrooms across Kansas. — Hawver’s Capitol Report/State Affairs

STATE

June tax collections exceed expectations, revenue slightly down for FY 24: Kansas tax collections exceeded expectations in June, but the state ended the fiscal year with slightly less revenue than anticipated. (Stover, State Affairs)

Kansas Gov. Kelly backs Biden amid alarm from Democrats over age, weak debate performance: Kansas Gov. Laura Kelly, a Democrat, on Tuesday said she supports President Joe Biden amid calls for the 81-year-old chief executive to end his campaign after a weak debate performance against former President Donald Trump. (Kansas City Star)

Kobach successfully argues for temporary block of Title IX transgender rules: New Title IX regulations to protect against sexual orientation and gender identity discrimination aren’t enforceable in Kansas after Attorney General Kris Kobach on Tuesday won his request for a preliminary injunction. (Richardson, State Affairs)

Pharmaceutical giant sues Kansas for law supporting 340B discounted drugs in pharmacies: A major pharmaceutical manufacturer is suing Kansas Attorney General Kris Kobach to prohibit his office from enforcing violations of the Kansas Consumer Protection Act on drug manufacturers enrolled in Medicaid’s 340B drug pricing program. (Topeka Capital-Journal)

LOCAL

DOJ report: Wichita Public Schools disproportionally discipline Black, disabled students: In a settlement agreement with the Justice Department, the Wichita district plans to create new policies and eliminate others, including its use of seclusion. (KMUW)

City approves $17M CiCo Park improvement plan: Manhattan commissioners passed a $16.98 million build agreement for CiCo Park improvements Tuesday night. (Manhattan Mercury)

Mark Dupree named first Black president of the Kansas Bar Association: In a historic appointment,  Wyandotte County District Attorney Mark Dupree  has been named the first African-American president of the Kansas Bar Association. (The Community Voice)

Robert J. Dole VA Medical Center offering veterans relief from heat: Veterans can now seek relief from summer weather at the Robert J. Dole VA Medical Center, 5500 E. Kellogg Ave. When temperatures exceed 90 degrees, veterans can go to Building 62, located on the western side of the Medical Center. (KSN)

Dollars on the move

INDIANAPOLIS — The two Indiana candidates for governor might hold up their hometowns (New Castle for McCormick and Jasper for Braun) as models for the concerns surfacing lately about small city survival.

In the 50 years from 1970 to 2020, New Castle has seen its population drop by 3,800 from a high of 21,200. Jasper has nearly doubled from 8,600 to 16,700 in the same period. Seymour added 8,200 residents while Logansport has lost 3,300 and Vincennes declined by 4,100.

Both growth and decline are serious issues for places between 10,000 and 20,000 persons.

Instead of focusing on population, let’s talk about an economic dimension of counties where data is more readily available than places. Specifically consider the $77 billion in earnings that counties imported and exported in 2019.

Before COVID-19 and expanded internet services, money, in the form of wages and salaries, moved through commuting. A worker from Warren County went to Tippecanoe or Montgomery County for a job.

This in-flow of funds benefits Warren County while the place of work gains when the worker is also a customer at several establishments. Further, that worker is not burdening the work county with school children and the attendant costs of a residence.

But in the “new” world, as the commute gives way to the computer, where is the money earned when the employee is in Shelby County and the employer in Henry County?

On balance, in 2019, 20 Indiana counties were net exporters of salaries and wages, leaving 72 counties as net importers of earnings.

Spencer County, in Southwestern Indiana, had an unusual situation. Residents of the county had 88% of their earnings originating outside the county while 82% of the earnings generated in the county left for other areas. If the people who live in a county don’t work there, and the people who work there don’t live there, is this a classic labor market mismatch?.

Brown County is more typical: 32% of the earnings generated in the county flow out while 77% of the earnings realized by local residents originate elsewhere. The net result of this strong inflow and comparatively low outflow is that two-thirds of the earnings enjoyed by county residents is dependent on jobs located elsewhere.

In addition to Brown, the counties of Ohio, Franklin, Morgan and Union were the most impacted by the inflow of earnings relative to the outflow.

The top five counties impacted by the net outflow of earnings were Martin (Crane), Marion, Gibson, Elkhart and Vanderburgh.

Do these figures show the labor market is inefficient? Should there be more matching of jobs and housing? Or is the market working just fine? People find employment where they can and live where they choose to, subject to their ability to earn.

What do you say? The future of our state may depend on your thoughts. Or, leave it to the political insiders as we have for decades?

Mr. Marcus is an economist. Reach him at [email protected], and follow him and John Guy on the “Who Gets What?” podcast on mortonjohn.libsyn.com.

Howey Daily Wire July 5, 2024

Good morning!

The Indiana Economic Development Corp. is in discussions with 15 regional arts and culture groups regarding plans to eventually issue up to $65 million in planning grants, State Affairs reports. And, for the first time in two years, the Bureau of Motor Vehicles is closing a license branch, a move prompted by changes in customer buying habits. More news below. — Howey Politics Indiana/State Affairs

State starting process to award $65M in regional arts grants: The Indiana Economic Development Corp. has started the process for eventually awarding about $65 million in grants toward arts and culture projects around the state. (Davies, State Affairs)

STATE

BMV closing Indianapolis license branch next month: The Bureau of Motor Vehicles will shut down its Madison Avenue branch in Indianapolis next month, its first license branch closure since 2022, as more customers complete transactions online or at kiosks instead of in person. (Davies, State Affairs)

Report: Only 1 of 4 ‘sanctuary cities’ have complied with Rokita’s demand to change policies — Although the July 1 deadline that Indiana Attorney General Todd Rokita set has passed, only one of four municipalities have made changes to comply after Rokita threatened them with legal action if they did not rescind what he called their “illegal sanctuary city” policies. (Odendahl, The Indiana Citizen)

IEDC outlines entrepreneurial, small business resource opportunities: The Indiana Economic Development Corp. announced plans to make additional resources available to support entrepreneurs and small businesses throughout the state. (Brown, Inside Indiana Business)

HUD awards Indiana $1.5M to expand services for youth at risk of homelessness: The Youth Homelessness System Improvement Grant aims to create a seamless and coordinated system of care for youth experiencing, or at risk of, homelessness within the Indiana Balance of State Continuum of Care, according to a news release from the state’s Housing and Community Development Authority. (Howey Politics Indiana/State Affairs)

Patient bills skyrocket after Saint Joseph Health, UnitedHealthcare insurer can’t agree on contract: Saint Joseph Health System patients who have health insurance with UnitedHealthcare face much higher prices after St. Joe and United failed to reach agreement on their next contract. (Parrott, WVPE-FM)

Indiana ranks 40th in smoking cessation study: Hoosier efforts to quit smoking tobacco ranked 40th in the nation according to data from the American Lung Association, with 52.1% of the state’s adults attempting to quit. (Garrett, WEHT-TV)

LOCAL

Developer cites LEAP, sues Lebanon for $25M over tech park fallout: In a lawsuit filed in the U.S. District Court of Southern Indiana, South Carolina-based RealtyLink alleges Lebanon prioritized the water needs of the Indiana Economic Development Corp.’s massive LEAP project over its Cedars of Lebanon tech park proposal (Charron, IBJ)

‘Unconstitutional conditions persist:’ federal judge calls for inmate reduction at Allen County Jail — The Allen County Commissioners, the sheriff and the Allen County Council will meet on July 8 for a Zoom status conference after federal judge Damon R. Leichty said unconstitutional conditions persist at the county jail. (Duffy, WANE-TV)

Allen County coroner works to spread information on fentanyl dangers: The Allen County coroner’s office is working to spread the message of dangers of fentanyl to students as youth overdoses have doubled from 2022 to 2023. (Kidd, The Journal Gazette)

Utility mulls future of hydroelectric dams on St. Joseph River: Long-term plans for two aging hydroelectric dams on the St. Joseph River are under consideration — plans that might include relicensing the facilities and continuing full operations in the decades ahead, or removing them and restoring a free-flowing river. (Sidenbender, The Elkhart Truth)

Franklin’s Amphenol environmental clean-up at final stage: After a long process, the Amphenol environmental clean-up is reaching its final stage in Franklin. (Maudlin, Daily Journal)

Lafayette signs off on $43.2M sewer project to develop 1,000 acres: The work, part of a larger plan Lafayette has touted as a utility expansion southeast and southwest of the city, is expected to feed 1,000 acres for residential and commercial lots, with the city aiming to eventually develop as much as 4,000 acres. (Bangert, Based in Lafayette)

3 road rage incidents in Indianapolis during past week: Police across Central Indiana are investigating three road rage shootings in the past seven days on interstates in the Indianapolis area. (Nye, WTHR-TV)

GENERAL ASSEMBLY

Eberhart to be sentenced on federal corruption conviction: Former Rep. Sean Eberhart, R-Shelbyville, is scheduled to be sentenced July 10 after pleading guilty to a federal corruption charge related to the relocation of two waterfront casinos. (East, The Republic)

CONGRESS

Banks says Iraq, Afghanistan impact thinking on Ukraine war: “It’s a largely unspoken but shared belief among many of us that we’ve seen the mistakes that the last generation [of] leaders in our country have made,” U.S. Rep. Jim Banks, R-Ind., told Politico. “And we refuse to repeat them.”

Banks ‘all in’ for select committee on Biden’s mental health: Rep. Banks said on “The Ingraham Angle” on Fox that President Biden is ‘senile’ and ‘unfit’ to be commander-in-chief.

Pence joins letter demanding repair of military housing conditions: U.S. Rep. Greg Pence, R-Ind., joined a letter to Army Secretary Christine Wormuth to fix “completely unacceptable” conditions in military housing, while acknowledging some progress has been made. (Fox)

Congressional schedule: The House and Senate are out.

CAMPAIGNS

Braun stops by Clay County on 92-county tour: U.S. Sen. Mike Braun, R-Ind., visited Clay County, fulfilling his pledge to visit all 92 of Indiana’s counties as he campaigns under the GOP banner to become the state’s next governor. (Cooper, The Brazil Times)

Lake County Democrats backing Wells for attorney general: The Lake County Democratic Party city and town chairmen overwhelmingly agreed to support Destiny Wells for attorney general. (Carden, NWI Times)

PRESIDENTIAL 2024

Polls: Biden in worst electoral shape of campaign — No incumbent president has had an approval rating this low at this stage of the election since George H.W. Bush more than three decades ago — and, other than President Biden’s 2024 opponent, former President Donald Trump, no incumbent has trailed this far behind in the horse race polling since Jimmy Carter’s reelection bid 44 years ago. (Politico)

Trump quietly plans around Biden’s uncertain future: With President Joe Biden facing an increasingly uncertain political future amid the fallout from his shaky debate performance, Republicans are trying to determine what the Democratic incumbent stepping aside would actually mean for Donald Trump’s campaign. (CNN)

Today: Biden sits for interview to try to bounce back from debate — President Joe Biden is traveling to Madison, Wis., for a campaign event and an interview by ABC News’ George Stephanopoulos that will air in full tonight. (The Wall Street Journal)

NATION

Downtown offices are toxic but suburban ones fare better: After years in the shade, humble suburban offices are faring much better than glamorous city-center towers as home working continues to upend the property world. (The Wall Street Journal)

White House schedule: President Joe Biden will receive the Daily Brief in the morning and then fly to Madison, Wis., for an afternoon campaign event before departing for Wilmington, Del.

‘Double haters’ could decide presidential race

SOUTH BEND — The “double haters” could decide the presidential election, a possibility looming larger as their ranks grow after that debate.

This “double haters” term is used now to describe potential voters who strongly dislike both former President Donald Trump and President Joe Biden.

They reject Trump as a liar, a schemer and an uncivil narcissist.

They reject Biden as too old, too fragile and too far out of it.

I frequently hear people say that if the choice is between Biden and Trump — seemingly certain with overwhelming support for each in the primaries — they won’t vote or will vote for some protest candidate or even write in “Mickey Mouse.”

That’s stupid. I’ll tell them for whom to vote — advice that won’t surprise some long-time readers of this column. 

First, let’s consider the impact of what all those “double haters” decide to do.

They are not a majority. Most voters remain solidly in one camp or the other, with MAGA Republicans who love Trump or with traditional Democrats who deplore him and agree with Biden. But “double haters” now in neither camp could pick the president. 

What percentage finally will decide to vote for Trump or for Biden, maybe not enthusiastically but as the lesser of two evils? As close as the election has appeared to be, just a couple percentage points swinging one way in key states could be decisive.

What if a large percentage decides to vote for some protest candidate, such as the weird Robert F. Kennedy Jr., with a good name but no good sense? It’s basically throwing away a vote. Kennedy has as much chance of winning as Mickey Mouse. 

However, if a sizable majority of those throwing away their votes for Bobby or Mickey normally would vote either Republican or Democratic for president, that could be decisive.

The terrible debate increased ranks of “double haters” because Trump couldn’t tell the truth and Biden couldn’t finish thoughts or even sentences.

So, what’s my advice for a “double hater” or someone else not necessarily hating both candidates but deeply disappointed and uncertain about the choice?

Vote for yourself.

That’s something that I’ve frequently advised in this column in past elections with tough choices and certainly in this election.

I don’t mean writing in your own name. You would have as much chance as Bobby or Mickey. And do you really think you’re ready to be president?

What I mean is that you should vote for what you want, for you.

There seldom has been an election with a clearer choice about major issues, about the future course of the country.

If it’s Trump vs. Biden, a “double hater” can look beyond those two guys and how they did in debate and contemplate what the winning side (not just the winning person) will do on abortion, taxation, immigration, Ukraine, NATO, China, health care, the economy, climate change, guns, government regulations, race relations, education, Supreme Court appointments, Cabinet choices and much more.

Differences are real, to the point that we hear references to two warring tribes, with compromise a dirty word. 

Once a side prevails, takes control, the course will be set and continue even if Biden or Trump becomes incapacitated or dies during the term.

“Double haters” can look at all the issues important to them — their issues — and determine, with the stringent stands being taken, which way to vote for what they want most.

They need to vote for themselves, for the course they want. They may hate the candidates, hate that they don’t have a Lincoln or a Washington to vote for, but they still have a chance to vote on the direction they want, on the issues that matter to them. They are of course free to stay home or vote for Bobby or a mouse and have no voice on that direction. 

Jack Colwell has covered Indiana politics for over five decades for the South Bend Tribune. Email him at [email protected].

Insider for July 5, 2024

YOU DON’T SAY

“…it is a head scratcher…”

Mike Long, president of Parents for Educational Freedom in North Carolina, on the lack of a legislative deal to expand private school vouchers despite support from the leaders of both chambers. (The News & Observer, 7/03/24)


Elections Review

Paul Specht, WRAL News, 7/03/24

North Carolina elections officials are being called to testify before a legislative committee to talk about their treatment of third-party candidates. The North Carolina State Elections Board on June 26 blocked requests by Robert F. Kennedy Jr., Cornel West, and Constitution Party candidate Randall Terry to be listed as presidential candidates on the November ballot. 

Democrats who control the board said they want more time to review each candidate’s petition before making a final decision at a later date. On Tuesday, leaders of North Carolina’s House Oversight and Reform Committee sent a letter to Alan Hirsch, chairman of the state elections board, asking him to testify before their committee on July 9. State Reps. Jake Johnson and Harry Warren, co-chairs of the committee, wrote to Hirsch:

“At the hearing, please be prepared to address this information, including:

  • The grounds by which the Board denied the petitions of these political parties, even after timely submission.
  • Anticipated schedule to resolve questions on the submitted petitions.
  • Any communications the Board has had with third-party organizations concerning its decision to leave these political parties off the ballot.
  • Any underlying or perceived political motivations the Board may have to exclude these names from the ballot.”

Johnson and Warren also invited other board members and Karen Brinson Bell, the board’s executive director. Paul Cox, the state board’s general counsel, told WRAL Wednesday that the hearing is still up in the air.

The state elections board plans to meet on July 9 and continue reviewing the third-party petitions, Cox said. “My understanding is that the committee is looking to reschedule, because they weren’t aware that the State Board was planning to meet next Tuesday to consider petitions,” Cox said in an email. The board is scheduled to meet at 1:30 p.m. on July 9.

Staff for the legislative committee leaders didn’t immediately respond to a request for comment Wednesday.

The legislators’ request comes a day after Republican members of Congress also inquired about the board’s decision. On Monday, Republican chairmen of the House Administration and House Judiciary committees asked the state elections board to provide them with documents and other information related to the board’s decision.

The committees “are concerned that the NCSBE’s decision was politically motivated and may have been done to influence the 2024 presidential election by limiting the candidates for which voters may cast their ballots,” U.S. Reps. Jim Jordan, R-Ohio, and Bryan Steil, R-Wisconsin, wrote in a letter to the state elections board. Jordan chairs the judiciary committee and Steil chairs the administration committee.

The board intends to provide the committees with the documents they seek, Cox confirmed earlier this week. Many of them are already publicly available on the state board’s website.

North Carolina voters have signaled that they’d like to have options for president besides Republican Donald Trump and Democratic President Joe Biden. The board’s review of third-party candidates comes as Democrats have raised concerns about Biden’s ability to defeat Trump following his heavily-scrutinized performance in a recent debate.

The three candidates petitioning to get their names on North Carolina’s ballot are hoping to do so by having their political parties formally recognized by the elections board. Kennedy would represent the We The People Party, West would represent the Justice For All Party, and Terry would represent the Constitution Party.

Board members raised different issues with each petition. [Source]

School Vouchers

T. Keung Hui, The News & Observer, 7/03/24

Thousands of North Carolina parents are uncertain where their children will attend classes this fall after Republican lawmakers were unable to agree on a deal to increase private school voucher funding.

State lawmakers adjourned last week without approving new funding to clear a waiting list of 55,000 students who want an Opportunity Scholarship. Now, families are weighing whether they can still afford to attend a private school without state funding to help cover their tuition costs.

“We voted them in with the promise they’d give a free education to all, and it hasn’t happened,” said Kathy Whitehill, a parent from Charlotte whose daughter is on the state waiting list. “Seventy-two thousand families applied this year. That should show how many families want it.”

The lack of action so close to the start of the new school year has put families and schools in a bind, according to Mike Long, president of Parents for Educational Freedom in North Carolina. “It’s looking very bleak for those families who are on the waiting lists,” Long said. “Even if they come back in September as the Speaker (Tim Moore) has suggested, that’s too late for parents. Schools have to move on.”

The lack of a deal was cheered by public school supporters who have opposed expansion of the Opportunity Scholarship program. “This rollback represents a huge setback for the school privatization cause and its supporters,” Every Child NC said in an email Tuesday.

The General Assembly lifted the income eligibility limits this year, resulting in a record 71,956 new applications for an Opportunity Scholarship. It’s unknown how many of those applicants are new vs. existing private school students.

The N.C. State Education Assistance Authority says it only has enough money to issue 15,805 scholarships. Priority was given to applicants with the lowest incomes.

The high demand led GOP leaders, who have a veto-proof legislative majority, to publicly pledge to increase funding to clear the backlog. In May, the Senate passed a standalone bill to provide $463.5 million in additional voucher funding over the next two years.

In June, the House and Senate passed separate budget bills that included the $463.5 million. Senate leader Phil Berger told reporters the Senate also unsuccessfully offered to the House to include the voucher funding in bills that were being voted on Thursday.

Berger said he was “disappointed” in the House. “I think folks need to ask them why it’s not funded, because we have tried every way that we know how,” Berger said. The additional Opportunity Scholarship funding is such a large amount that Speaker Moore said House Republicans wanted it included in the state budget along with bigger raises for public school teachers. The Senate has not agreed to the teacher raises proposed by the House.

“The concern that members have had is that they want to make sure that if we’re talking about education, that we’re doing so comprehensively, that we’re also addressing the traditional schools as well,” Moore told reporters last week.

Long of PEFNC said the situation could have been avoided if the House had approved the Senate’s standalone bill. “Given the historic demand for the programs and the perceived commitment from the General Assembly, it is a head scratcher as to why this was not more of a priority this session for the key decision makers,” Long said.

Moore said both chambers will continue to negotiate on the voucher funding.

The N.C. Values Coalition sent an email Tuesday asking its supporters to urge lawmakers to “make good on their promises to fund the Opportunity Scholarship.”

“If the NC General Assembly doesn’t agree to a budget, that means these families will continue to be stuck in academic limbo,” according to the N.C. Values Coalition. “Worse, their children may get stuck in woke, failing, or dangerous schools.”

But Long said PEFNC is already hearing from parents on the wait list who say they’ll have to abandon their plans to attend a private school this fall. “We are just hearing from so many families that wanted to make the change but who could not,” Long said. [Source]

 

Ticket Concerns

Will Doran and Laura Leslie, WRAL News, 7/03/24

Some high-profile North Carolina Democrats are raising concerns about President Joe Biden — and pushing for him to show voters he’s up for the job — as calls for the president to halt his reelection efforts mount in the wake of a debate debacle.

Meanwhile, Democratic governors from across the country discussed their concerns with Biden during a hastily arranged meeting Wednesday. Gov. Roy Cooper took part, and on Wednesday night issued a statement backing Biden and his continued candidacy.

“We had a good meeting with the president talking about what’s needed to win,” Cooper said. “Donald Trump is an existential threat to our democracy, and everyone in the room agreed that defeating him is imperative. President Biden told us he is definitely running for reelection. He is our nominee, and we’ll continue doing everything we can to deliver North Carolina for him.”

Earlier in the day, the New York Times had reported that Biden told an ally he was weighing whether to continue in the race. Biden has since said he’s staying in. “I am the leader of the Democratic Party,” Biden said on a call with campaign staffers on Wednesday, the Associated Press reported. “No one is pushing me out.”

Biden’s uneven performance in Thursday’s presidential debate has exacerbated concerns among some voters about the 81-year-old’s ability to run the nation for another four-year term and his likelihood of defeating Trump in a rematch this November of their 2020 contest.

A handful of polls conducted since then show Trump maintaining or growing his lead in the race for president, despite a series of legal troubles including Trump’s recent conviction on 34 felonies related to hush money payments made during his 2016 presidential campaign.

Democratic U.S. Rep. Don Davis said in a statement Wednesday that Biden needs to prove he’s fit for the presidency if he plans to continue running.

“The president’s delivery at the debate was a disaster,” said Davis, who represents the competitive 1st Congressional District in northeastern North Carolina. “Americans want a leader who is committed to telling the truth, but are also seeking a fighter.

“The stakes of this election are incredibly high,” he continued. “It’s no longer just about a single debate performance but about the future of our nation. President Biden needs to show that he is fit to lead the free world and demonstrate his fighting spirit. If he’s going to stay in, he needs to step up.”

U.S. Rep. Alma Adams, a Charlotte Democrat, declined to comment Wednesday on whether Biden should stay in the race.

U.S. Rep. Wiley Nickel, a Cary Democrat, said Biden needs to give more public speeches and do more interviews with the media to reassure the American public.

“Joe Biden needs to make that case himself,” he said. “That is on Joe Biden, to get out there and answer those very legitimate questions, about whether he’s up to the job. I believe he can do it. But we need to see him.”

Amid speculation in Democratic circles over whether Biden should exit the race to allow a younger candidate to run in his stead, Cooper’s name has sometimes been floated as a potential dark-horse candidate for vice president or even president. This is his last year as governor; state law prevents him from running for a third straight term as governor.

Some national Democrats see potential benefits to putting Cooper on a White House ticket: He’s from the more moderate wing of the party, and a prolific fundraiser. He can point to North Carolina’s booming economy during his two terms as governor — even if the Republican-led state legislature claims it deserves the true credit for that. And, perhaps most importantly, Cooper could help deliver North Carolina, a key Electoral College swing state, for the Democrats.

Cooper won in 2016 and 2020 even as the state also voted for Trump both years. His campaign for governor out-performed Biden’s 2020 campaign, as well as Hillary Clinton’s 2016 campaign, by several percentage points each time.

Despite the whispers that he should perhaps eye the White House himself, Cooper has long publicly stated that he supports Biden’s 2024 candidacy — a stance he reiterated Wednesday.

Cooper has long been a Biden ally. On Friday, the day after the debate, Biden made North Carolina his first stop, where he took the stage with Cooper and indicated that he could appoint Cooper to a high-ranking post in Washington, if the president wins reelection.

CNN reported Tuesday that many Democratic governors held a private call to express concerns about Biden’s debate performance and continued viability as a candidate for reelection. There’s no indication Cooper took part in that call, but he did take part remotely in Wednesday’s meeting with Biden.

The initial call among Democratic governors was led by Minnesota Gov. Tim Walz, CNN reported. Waltz told CNN that the governors spoke about “what was obviously a poor performance” in the debate and what it means for the 2024 elections — and that Wednesday’s meeting with Biden himself should allow the Democratic governors to raise those same concerns personally with the president.

Lyndon B. Johnson is the last president not to run for re-election when eligible to serve another term. Johnson, beset by protests over the Vietnam War, sagging approval ratings and strong Democratic primary rivals, announced on March 31, 1968, that he would not seek re-election. The Democrats eventually nominated Vice President Hubert Humphrey, Johnson’s preferred successor. Humphrey lost in the November election to Republican Richard Nixon.

Insurance Rates

Chantal Allam, The News & Observer, 7/03/24

As climate-driven losses mount and inflation remains high — up 20.8% since February 2020, according to Bankrate — the insurance industry is teetering. Consumers are feeling the knock-on effect. Stronger hurricanes, frequent wildfires and billion-dollar-loss events from convective storms — like the recent “catastrophic flash flood” in South Florida — are driving up costs.

Insurers saw their net losses jump to $101.29 billion in 2023, up 21.3% year-over-year, a May report from S&P Global found, “the worst underwriting results in over a decade.” Only two of the 20 largest homeowners’ insurance companies — Chubb Ltd. and Amica Mutual Insurance Co. — were profitable last year, the report said.

The slump has led to a surge in denied claims and nonrenewals, consumer groups said. Last October, Ohio-based Nationwide decided not to renew 10,525 homeowners’ insurance policies in Eastern North Carolina.

While the fallout appears contained for now, underwriters are imposing stricter guidelines across the state. Increasingly, they’re using drones and other “insurtech”— like artificial intelligence and risk modeling — to screen customers, reports show.

Carriers are also boosting rates in a bid to return to profitability.

Just last year, rates jumped 11.3% nationwide, a separate S&P Global report said. In total, 25 states saw an effective rate change — a key indicator of how an insurer’s loss ratios are likely to change — of at least 10% in 2023, compared to only six states during the prior year. By all accounts, North Carolina is faring better than most.

The state saw an effective rate change of 9% in 2023. That’s below the nation’s average (11.3%) and 25 other states, including Texas (23.3%), Arizona (21.8%) and Utah (20.3%), S&P Global found. Prices are also contained.

The average cost is $1,975 per year, or about $165 per month, according to a NerdWallet analysis. That’s close to the national average of $1,915 per year, even with the state’s consent-to-rate threshold, written into law, allowing companies to charge rates up to two and a half times the state-approved rate. But “better than most” is not much consolation.

In the Old North State, homeowners are pushing back. The Department of Insurance received more than 24,000 emailed comments on the Rate Bureau’s proposal in January, with hundreds more policyholders commenting by mail.

“Scores more consumers spoke during a virtual forum,” Insurance Commissioner Mike Causey said on Feb. 6, just before he rejected the request, calling the proposed rates “excessive” and “discriminatory.” Causey promised a “thorough review” and closed public comments.

Causey and the Rate Bureau are now working to reach a settlement on a new rate. If they can’t agree, a court date has been set for Oct. 7. But nearly five months on, it’s unclear where the talks stand.

“We can’t comment on pending litigation,” said Barry Smith, a spokesman for the state’s Department of Insurance. “We’re continuing to review the data provided by the Rate Bureau.”

The News & Observer filed a public records request seeking more information on May 15. The request is still undergoing “legal review,” he said.

It’s been three years since the last rate increase — in November 2020 when the Rate Bureau asked for an overall rise of 24.5% and ultimately received 7.9%. But the timing, especially for the two-term commissioner, isn’t convenient.

Causey, a Republican, is up for reelection Nov. 5, casting an even greater spotlight on proceedings. His challenger, state Sen. Natasha Marcus, a Democrat, has attacked his record. She’s also questioned his campaign-funding ties to the industry and his transparency.

“The best predictor of future behavior is past behavior,” she said in an email to The N&O.

In eight years as the commissioner, she pointed out, Causey has raised property insurance rates 16 times — all without a public hearing.

Case in point: In June, he approved a dwelling-rate increase of 8%, canceling a July 22 hearing on the dispute. (Unlike homeowners’ insurance, dwelling policies cover the needs of landlords who don’t live on the insured property. It can also cover a home that is not owner-occupied or is valued below the minimum coverage limit available for a homeowners’ policy.)

“I feel confident predicting that he won’t hold a public hearing this time either,” Marcus said. “They don’t want the scrutiny that public hearings provide.”

On June 11, Causey offered a rebuttal. Defending his dwelling rates’ decision, he said settling and not going to court “saves consumers and taxpayers money and time.”

The last dwelling rates’ hearing, in 2011, under Commissioner Wayne Goodwin, lasted over 90 days — one of the longest administrative hearings in the state’s history.

Goodwin ordered a small increase, which the Rate Bureau appealed to the state Supreme Court and lost. They eventually settled for an average 13.2% average increase, below the original 20.5% requested. “Hearings are the exception,” Causey added, “when negotiations fail. [Source]

 

Bill Actions

Brian Murphy, WRAL News, 7/03/24

North Carolina will create a registry of legal vaping products and stores won’t be allowed to sell items not on that list under a bill signed into law by Gov. Roy Cooper on Wednesday.

House Bill 900 passed with strong majorities in the House and Senate. The bill also allows Wake County’s high school leadership academies to maintain early college status and fast-track partnerships with new colleges. It was one of four bills Cooper signed into law, while he vetoed two bills.

He also signed Senate Bill 319, Senate Bill 355 and House Bill 199, which would allow for digital driver’s licenses.

Senate Bill 355 is the North Carolina Farm Act of 2024 and it passed without any no votes. It included a tax credit for corporations that donate property for farmland preservation, wildlife or historic landscape conversation, floodplain protection and public trails or access to public trails.

“The conservation tax credit I proposed in my budget and passed into law with this bill will help us reach the goal I set of permanently conserving one million new acres of natural lands by 2040,” Cooper said in a statement. “Protecting forests, wetlands, and farmlands makes us more resilient to climate hazards, reduces carbon in our atmosphere, promotes military readiness, and supports local economies.”

Cooper vetoed House Bill 155 and House Bill 556.

House Bill 155 would allow motorists to drive modified utility vehicles on more streets and highways. In the legislature, lawmakers said it would largely be used in beach communities. Cooper said the legislation presented safety concerns.

“This new law would allow certain off road vehicles to operate on four lane highways at speeds of up to 55 miles per hour,” Cooper said. “These vehicles lack many of the safety features found in traditional vehicles which creates an increased risk of serious injury or death for people on our highways.”

House Bill 556 was a wide-ranging bill that would have, in part, stopped local governments from enacting or enforcing any prohibition against landlords who refuse to lease or rent to people because some or all of their income comes from a federal housing assistance program.

“This bill would make it harder for low-income families, the elderly and people with disabilities to find affordable rental housing by preventing local governments from protecting against rent discrimination based on lawful income,” Cooper said. “It also creates legal ambiguity regarding when eviction orders become effective and the potential for increased legal expenses for renters in disputes with landlords.”

Republicans hold supermajorities in both chambers and can override Cooper’s veto. [Source]

Heat Proposal

Adam Wagner, The News & Observer, 7/04/24

A proposed federal rule would provide North Carolina workers with specific protections from high temperatures, if it goes into effect. The U.S. Occupational Health and Safety Administration has proposed a heat injury prevention plan that requires employers to take steps to protect their workers, like providing shade when certain temperature thresholds are met or drafting a heat injury prevention plan that gives specific directions where work is happening. 

The plan is the first ever federal heat standard. If implemented, it would also be the first explicit heat health protection for North Carolina’s workers, including in the state’s agriculture and construction fields. Right now, workers are covered by the state’s General Duty clause, which allows the N.C. Department of Labor to cite an employer if it fails to provide a workplace that is safe from a threat that could cause injury or death. 

Critics have long argued that the state fails to outline exactly how employers should protect their workers from heat. MaryBe McMillan, the president of the N.C. State AFL-CIO, said a farmworker’s death last year and other recent events make it clear that workers aren’t being adequately protected from extreme heat under North Carolina’s existing regulations. McMillan also pointed to warehouse workers in facilities that don’t have air conditioning and workers on the Tarmac at airports as other examples of workers who are exposed to potentially dangerous levels of heat.

If the federal rule becomes effective, North Carolina’s labor commissioner would be the person tasked with either pushing for it to become the state’s heat rule or crafting a North Carolina alternative. This fall, North Carolina voters will elect a new person to the office, either Democrat Braxton Winston or Republican Luke Farley. Josh Dobson, the sitting labor commissioner, did not seek reelection. Farley has been an outspoken critic of OSHA’s effort to regulate heat, arguing the different climatic conditions across the country make a federal regulation unworkable. “There’s no question that we need to protect North Carolina’s workers from heat,” Farley said in an interview. “The question is, what’s the best way to do it? We don’t need a one-size-fits-all federal mandate from the Biden administration, we need a North Carolina solution to protect North Carolina workers.” If elected, Farley said, he would not seek to adopt the federal rule as written. Instead, Farley said he would work to craft a similar proposal that would seek to provide the same amount of protection while being less burdensome for businesses.

Winston, the Democratic candidate for Labor commissioner, has made heat a central issue in his campaign. On his website, Winston calls for explicit protections from heat for workers, including a heat sickness prevention plan; training to help employees and supervisors respond to heat illness; clean drinking water; and shade. OSHA’s proposal is a positive for North Carolina’s workers, Winston said in an interview, adding that he looks forward to participating in the rulemaking process. “High temperatures are getting hotter and are sticking around longer, and while work can be tough, work should never be deadly.” [Source]

Bald Head Measure

Trista Talton, Coastal Review, 7/03/24

Bald Head Island could be the first beach town in the state to have two terminal groins now that the North Carolina General Assembly has amended the law that governs the number of such structures allowed on the state’s coastal shores.

Village officials were quick earlier this week to say that Senate Bill 607 gives them the option to pursue a study on whether a terminal groin would be a viable method of controlling chronic erosion at the east end of the island’s south beach.

Whether the village will move forward with such a study remains to be seen as the bill, which was ratified Friday, awaits Gov. Roy Cooper’s decision to sign, veto or let the bill become law.

Bald Head Island Village Mayor Peter Quinn on Monday sent an email to island property owners explaining why village officials had requested the change in the law, what the change means for the village and next steps. “Such projects are very expensive and take years,” Quinn wrote. “The Village would not undertake such a study without any basis for a helpful solution. Any structure would be subject to extensive design, environmental study, public input, and state and federal permitting.”

A terminal groin has not been designed, planned or proposed, he wrote, and a multi-year investigation into whether such a structure would keep erosion at bay “will not be rushed.”

A terminal groin, as defined by the bill, is one or more structures constructed at the terminus of an island or on the side of an inlet, or where the ocean shoreline converges with Frying Pan Shoals. “Work to find a viable, financially responsible long-term answer needs to be environmentally sound,” Quinn stated.

“Our community has, and hopefully always will, embrace the role of a steward whose actions are in harmony with its natural surroundings. We depend on this mutual idea and agents like the Conservancy to keep us on course.” He is referring to the Bald Head Island Conservancy, an environmental and educational nonprofit that has publicly opposed the change to the law.

Last month, Bald Head Island Conservancy Executive Director Chris Shank was invited to make a presentation to the village council in which he argued whether a hardened structure would control the movement of sand on the east end of south beach, an area where sand is shifted by storms, which are unpredictable in frequency and strength.

Shank said in an email Monday afternoon that the conservancy was “very disappointed” legislators had passed the law, which also gives the village the option to explore replacing a series of fabric, sand-filled tubes on the west end of south beach with rock structures. “I don’t believe the Village of BHI leadership or the NC legislators appreciate the monumental shift in approach to managing and protecting NC’s spectacular barrier islands that this legislation could bring,” he wrote. “Our barrier islands have always been one of our state’s most special resources, including our dynamic cape system whose constantly changing sands bring awe and wonder to those who experience them. Further, I doubt that North Carolina citizens want to armor their beaches to protect a limited number of private properties in the short-term in exchange for potentially much longer-term negative impacts to the rest of our beaches.” [Source]

Appeals Nominee

Lucy Marques, The News & Observer, 7/03/24

President Joe Biden on Wednesday announced his intent to nominate North Carolina Solicitor General Ryan Y. Park to the 4th Circuit Court of Appeals. The nomination won’t make it far, North Carolina’s Republican senators said in a joint statement. But Park may not need their votes.

The U.S. Senate must confirm Park’s nomination before it’s finalized. And North Carolina’s GOP Sens. Thom Tillis and Ted Budd haven’t been interested in filling the state’s federal court vacancies, partly because the White House hasn’t reached a consensus with them, the Observer previously reported.

Tillis and Budd also aren’t interested in moving forward with the latest pick. “This nomination is a non-starter and the White House has already been informed they do not have the votes for confirmation,” a joint statement from Budd and Tillis said. “While the White House has fallen short of engaging the advice and consent process in good faith for North Carolina’s judicial vacancies, we still hope to work together to find a consensus nominee who can earn bipartisan support and be confirmed.”

If confirmed by the Democratic-controlled Senate, Park would be the first Asian American, Native American or Pacific Islander to serve on the 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia and West Virginia.

“The strong bipartisan support that Mr. Park has received in North Carolina, including from major law enforcement organizations, underscores that he is the right choice for this seat,” a senior Biden administration official said.

Park has served as the Solicitor General since 2020, and previously served as the state’s deputy solicitor general from 2017-2020. He has worked as a law clerk for U.S. Supreme Court justices, including Ruth Bader Ginsburg, and U.S. Court of Appeals and U.S. District Court judges. Park is a member of the North Carolina Appellate Rules Committee.

He also teaches at the University of North Carolina School of Law and Duke University School of Law. Park’s work as deputy solicitor general and solicitor general has been “exemplary,” said Henry A. King Jr, 2024 president of the North Carolina Association of Chiefs of Police in a recommendation letter. “Mr. Park’s commendable track record underscores his unwavering dedication to the rule of law and his steadfast commitment to upholding traditional constitutional values,” he said.

The National Fraternal Order of Police, the North Carolina Police Benevolent Association, the president of the North Carolina Association of Chiefs of Police as well as current and past chairs of the North Carolina Bar Association’s Appellate Rules Committee wrote letters of recommendation in support of Park’s nomination.

Now that the Biden administration announced Park’s nomination, it will send paperwork to the Senate. The Senate would need to hold a hearing, followed by committee vote and a floor vote for the confirmation, said University of Richmond law professor Carl Tobias. “I’m hopeful that he can have a hearing maybe even in late July or early September and then go forward to the committee for vote, and then onto the floor,” Tobias said. “So I think he’s got plenty of time.”

Even if Tillis and Budd oppose Park, his confirmation may go through, Tobias said. He said their votes are not necessary because of the Democratic majority in the Senate. Out of 100 senators, 51 are Democrats or independents who vote with them, and 49 are Republicans. “No nominee from Biden for the judiciary actually needs any Republican votes,” Tobias said.

The president also intends to nominate three people to federal district courts, but none of those are North Carolina vacancies. Including the most recent announcements, there are 47 federal judicial vacancies across the country and 23 nominees pending. Park’s nomination appears directed toward a spot held by 4th Circuit Judge James Wynn Jr., who announced his intent to step down in January. Wynn’s seat is among 26 future vacancies across federal courts. [Source]

 

Chancellor Search

Korie Dean, The News & Observer, 7/03/24

Appalachian State University, is one step closer to finding a chancellor after UNC System President Peter Hans last week named the committee tasked with finding the school’s next chancellor.

Chancellor Sheri Everts resigned in April citing health reasons. Unlike other recent chancellor searches, the App State committee will be led not by the chair of the university’s Board of Trustees or an alumnus — but instead by Deanna Ballard, former Republican state senator who represented Watauga County from 2016 to 2023 and helped write the controversial Parents’ Bill of Rights.

Ballard was also a candidate for the Republican nomination for lieutenant governor in the March primary.

“I’m no stranger to climbing these mountains, & look forward to scaling new heights with faculty, staff, students, trustees & alumni as we consider the range of talents & skills needed in our next chancellor,” Ballard said on X, formerly Twitter.

Per UNC System policy, chancellor search committees must consist of no more than 13 members. Those members must include the UNC System president or a designee, members of the system Board of Governors and campus Board of Trustees, another UNC System chancellor and representatives of faculty, staff, students and alumni.

In addition to Ballard, the committee for App State’s search will include the following members:

  • Peter Hans, UNC System president
  • Wendy Murphy, UNC Board of Governors chair
  • Philip Byers, App State alumnus and Board of Governors campus liaison for the university
  • Mark Ricks, App State alumnus and Board of Trustees chair
  • Tommy Sofield Jr., App State alumnus and Board of Trustees vice chair
  • Scott Lampe, App State alumnus and Board of Trustees member
  • Kimberly van Noort, chancellor of UNC Asheville
  • Jacqui Bergman, Faculty Senate chair, professor, Department of Management
  • Kathryn Long, student body president
  • Courtney Thompson, App State alumna and staff representative
  • Brandon Adcock, App State alumnus; CEO of Wellful, Inc. and co-founder of Adaptive Health
  • Brad Wilson, App State alumnus; CEO Emeritus of Blue Cross Blue Shield of North Carolina

In a news release, Hans said he was “grateful” to Ballard for agreeing to chair the committee, and thanked Ricks for “his stalwart support of his alma mater.”

Ballard “has strong ties to the Boone community and has been one of App State’s biggest champions,” Hans said. Ballard attended Belmont University in Nashville. [Source]

NCGA Appointments

Korie Dean, The News & Observer, 7/03/24

In addition to being tapped to head the chancellor search committee at App State, former Republican state senator Deanna Ballard also received another higher education-related appointment last week. In the General Assembly’s annual appointments bill, Republican Senate leader Phil Berger appointed Ballard to the NCInnovation board for a term that will expire next September.

NCInnovation, formed in 2020, is the nonprofit that aims to help researchers in the UNC System turn their ideas into revenue-generating businesses. The group received $250 million in last year’s state budget.

The bill also included appointments for other former lawmakers and recent candidates:

  • Former Republican Rep. Jon Hardister to fill a vacant seat on the Western Carolina University Board of Trustees, per a nomination from Republican House Speaker Tim Moore. Hardister, who represented Guilford County in the General Assembly beginning in 2012, resigned from the legislature in March. He unsuccessfully ran for the Republican nomination for state labor commissioner in the March primary.
  • DeVan Barbour, who unsuccessfully ran for the Republican nomination in the 13th district congressional primary, will join the Johnston Community College Board of Trustees, per a nomination from Berger. His term will end in 2028.
  • Richard Stevens, a former Republican state Senator and member of the UNC-Chapel Hill Board of Trustees, will join the UNC Health Care System Board of Directors, per a nomination from Moore. His term will end in 2028. [Source]

Pfizer Planning

Jack Hagel, WRAL News, 7/03/24

Pfizer Inc. expects to inform employees of a “transition plan” at a facility in Sanford, the company said Wednesday, weeks after a clinical trial failed for a muscular dystrophy treatment that was being developed by the global drugmaker. WRAL previously reported that the company was contemplating the elimination of about 200 positions in Sanford, where Pfizer has produced gene therapy products for the neuromuscular disease and two types of hemophilia.

Pfizer, one of the biggest employers in Lee County, said in June that a trial for a Duchenne muscular dystrophy treatment failed to meet its goal of significantly improving motor function among boys 4 to 7 years old. The results prompted discussions about the potential cuts, which could amount to more than 10% of the company’s Sanford headcount, people familiar with the company’s plans previously told WRAL.

Asked about potential layoffs on Wednesday, Pfizer spokesman Steve Danehy told WRAL that the company planned a “transfer of activity.” He said the company doesn’t currently plan to close the Sanford site, and that the company remains committed to the city.

“In light of the recent disappointing results in our Ciffreo Duchene Muscular Dystrophy trial, we can’t rule out future changes to staffing,” Danehy said in a statement. “We anticipate a detailed transition plan will be communicated to colleagues in the coming weeks.” He added: “These manufacturing changes create operational efficiencies and are part of the regular evaluation of our manufacturing network to ensure it meets the demands of our business.”

Pfizer recently won U.S. Food and Drug Administration approval for a hemophilia treatment. It was unclear whether that approval would have any impact on operations in the state. Danehy declined to provide specifics about the company’s plans in Sanford.
Federal law requires that companies file a notice to provide employees and communities a heads-up about closings and mass layoffs. The state Department of Commerce said Wednesday that it hadn’t received such a notice. [Source]

Mission Contract

Jane Winik Sartwell, Carolina Public Press, 7/03/24

The contract between HCA and its nurses at Mission Hospital in Asheville expired Tuesday, but the nurses union has chosen to continue negotiations, delaying any decision to strike. With the contract expired, the nursing staff and the hospital are locked into status quo, meaning the terms of the previous contract are held until the contract is renegotiated and ratified. Nurses will continue to hold their union rights.

The Asheville nurses union, which National Nurses United described upon its formation in 2020 as “the largest union election win in the South in a dozen years” is the first of its kind in North Carolina.

However, nurses have been deeply unsatisfied with their contract with the Tennessee-based for-profit hospital chain HCA, which purchased the formerly nonprofit Mission Health in 2019. Mission Health operates Mission Hospital in Asheville along with hospitals and other medical facilities in mostly rural communities in surrounding counties. The union staged two rallies in June, and after the second, nurses suggested the possibility of a strike.

Bargaining sessions with HCA have proved largely unproductive, they say. However, there have been some key wins. In their last bargaining session on June 27, the parties came to an agreement on the wording in the contract surrounding technology in the hospital.

“We want technology to enhance our profession and enhance the care we give the patient, but not to take the place of the nurse at the bedside,” Elle Kruta, a Mission Health nurse and member of the union’s bargaining team, told Carolina Public Press. “We won that terminology, so that was huge. But we still want there to be safe staffing, for them to help us decrease workplace violence, and provide meal and rest breaks for the nurses. So we will continue to bargain in good faith.”

According to HCA, the same goes for the company. “Nurses are an important part of our care team and we remain committed to reaching a contract agreement that is fair and equitable,” HCA spokesperson Nancy Lindell told CPP in an email.

The next bargaining session is July 16. [Source]

 

Cherokee Marijuana

Lilly Knoepp, Blue Ridge Public Radio, 7/03/24

The Eastern Band of Cherokee began selling recreational marijuana to members of federally recognized tribes on July 4. Forrest Parker, general manager of Qualla Enterprises, which runs the tribe’s marijuana dispensary and grow operation, said business has been good since medical cannabis sales were introduced earlier this year.

“We’re very excited to see the business and visitation. On a given day, we tend to turn away a lot of people so that’s a good sign, too,” Parker said in June.

Following last year’s voter referendum to expand to recreational use and sales, the Eastern Band of Cherokee Tribal Council passed an ordinance, ratified by Chief Michell Hicks, further legalizing cannabis on the Qualla Boundary.

The Great Smoky Cannabis dispensary opened in April for medical marijuana sales only. On Thursday at 10 a.m., the dispensary started selling cannabis products for recreational use. Initially, sales are permitted only to Eastern Band of Cherokee enrolled members and others with federally recognized tribal ID cards.

Parker said the dispensary’s goal will be to make products available to the general public as soon as August. [Source]

 

Incarceration Stipends

Kenneth Lee Jr., WFAE Radio, 7/02/24

People returning from prison often struggle to find a job and pay for housing and other necessities. A pilot program from Mecklenburg County is meant to help out with something new: A guaranteed income supplement.

The pilot program launched this week gives supplemental income to residents reentering the community after incarceration. Some 60 former inmates have been chosen to receive a $600 monthly stipend for a year. The money can be used to pay for child care, health care, drug abuse treatment, education and housing and utilities. The program’s funding from the county totals $500,000.

Mecklenburg County Criminal Justice Services Director Sonya Harper said those who qualify for the stipend must go through the county to receive the funds. “They just notify the department and say, ‘Hey, I need assistance with housing this month’, or I need assistance with child care or things related to my kid this month. And so the department, we will do like direct purchasing or take care of an expense directly on behalf of the client,” Harper said.

The pilot program also includes a control group of 60 inmates who won’t receive any supplemental income, so the county can compare the results to the group that does, and evaluate future funding possibilities. [Source]

Employment Data

News Release, 7/03/24

Unemployment rates (not seasonally adjusted) increased in 95 of North Carolina’s counties in May 2024, decreased in four, and remained unchanged in one. Scotland County had the highest unemployment rate at 6.0 percent while Buncombe and Currituck Counties each had the lowest at 2.8 percent.

All fifteen of the state’s metro areas experienced rate increases. Among the metro areas, Rocky Mount had the highest rate at 4.7 percent while Asheville had the lowest at 2.9 percent. The not seasonally adjusted statewide rate was 3.5 percent.

  • Counties With Rates 5% or Below: 95 (-2 from April revised total)
  • Counties With Rates Between 5% and 10%: 5 (+2 from April revised total)
  • Counties With Rates 10% or Above: 0

DataOnline Dashboard

When compared to the same month last year, not seasonally adjusted unemployment rates increased in 71 counties, decreased in 17, and remained unchanged in 12. Eleven metro areas experienced rate increases over the year, one decreased, and three remained unchanged.

The number of workers employed statewide (not seasonally adjusted) increased in May by 17,523 to 5,100,685, while those unemployed increased by 12,332 to 185,896. Since May 2023, the number of workers employed statewide increased 42,648, while those unemployed increased 8,953.

It is important to note that employment estimates are subject to large seasonal patterns; therefore, it is advisable to focus on over-the-year changes in the not seasonally adjusted estimates. The next unemployment update is scheduled for Friday, July 19, 2024 when the statewide unemployment rate for June 2024 will be released.

Gun Sales

Iris Seaton, Asheville Citizen Times, 7/03/24

North Carolina wasn’t in the top 10 states for gun purchases in 2023. However, a study showed North Carolina had a 112% increase in gun sales from 2022 to 2023. The next highest was Illinois, at a 5% increase.

Pew Research data showed that about a third of Americans say they own a gun. Another report showed that in the first four months of 2024 alone, nearly 5.5 firearms were purchased in the U.S.

The report, published by SafeHomes.org, used data from the FBI’s National Instant Criminal Background Check System to determine which states had the largest ownership of recently purchased firearms. Here’s what they found.

The top three states for gun sales in 2023 were also the states with the most residents, showing plenty of correlation with population size. SafeHomes’ analysis showed that these were the 10 states with the most firearm sales in 2023:

  • Texas: 1,347,589
  • Florida: 1,316,471
  • California: 1,043,421
  • Pennsylvania: 841,523
  • Tennessee: 633,015
  • Ohio: 583,314
  • Virginia: 581,698
  • Michigan: 555,650
  • Missouri: 520,488
  • Illinois: 504,452

North Carolina was 11th with 499,561 gun sales, according to the study.

SafeHomes Managing Editor Rob Gabriele noted that nationwide gun sales decreased by 4% in 2023 with 16.7 million firearms sold. But N.C. was on the opposite end of the spectrum in this category. SafeHomes noted that North Carolina’s pistol purchase permit law ended in March 2023, a key factor in the dramatic spike in registered gun sales between 2022 and 2023.

Buyers were no longer required to get a permit from their sheriff’s office to buy a handgun, which simplified and increased sales, evidenced by the spike in background checks. [Source]

New Hanover Superintendent

Madison Lipe, Wilmington StarNews, 7/03/24

The New Hanover County Board of Education voted Tuesday night to terminate Superintendent Charles Foust’s contract. The board came back from a closed session and voted 5-0. Board members Josie Barnhart and Stephanie Kraybill were not at the meeting. The termination is effective immediately, and Assistant Superintendent of Human Resources Chris Barnes was appointed by the board as acting superintendent. The board did not give a reason for firing Foust, who was not present when the vote took place.

The decision came after the board received results from a climate survey that they sent to teachers throughout the district. The results were overwhelmingly negative and spoke to the teachers’ feelings about district staff and Foust.

One teacher responded, “We were not a struggling district when Foust came and he implemented processes specifically designed for academically struggling schools that hamstringed and stifled educator autonomy and teachers being able to implement strategies based on the students in front of them.”

Another teacher said the district leadership, specifically Foust, is the reason they are retiring and moving into the private sector.

Others disagreed, and said that Foust wasn’t the problem. “Foust is great, but there are a handful of school board members who are taking advantage of their position and imposing their political views instead of focusing on the school system,” one teacher responded.

Foust was chosen as the district’s first Black superintendent in July 2020 out of 39 candidates. The board at the time voted unanimously. Foust has a master’s degree in school administration and a doctorate in professional leadership. He has had a career in public education for more than 23 years in North Carolina, Texas and Kansas, where he served as superintendent of Kansas City Public Schools, which is one of the largest school systems in the state.

Foust recently received the honor of being named the 2024-25 Southeast Regional Superintendent of the Year and was chosen by his peers, who included superintendents from 12 school districts in North Carolina’s southeast region. [Source]

Health Care Costs

Iris Seaton, Asheville Citizen Times, 7/02/24

It’s no secret that Americans are increasingly uneasy about the rising cost of staying healthy, and a recent report from Forbes Advisor showed that North Carolina is the least affordable state in the country for health care. In the study, each state received a number score based on nine metrics, with 100 representing the highest costs. N.C. received 100 out of 100 points. The next highest state was South Dakota, with 93.41 out of 100 points.

N.C. earned its place at the top of the list for a few key factors. In particular, the Forbes report showed that health insurance coverage provided to N.C. workers resulted in some of the highest premiums and deductibles in the nation.

The nine factors used in the Forbes study included the following:

  • Average annual premium for employees with single coverage through employer-provided health insurance.
  • Average annual premium for employees with plus one coverage through employer-provided health insurance.
  • Average annual premium for employees with family coverage through employer-provided health insurance.
  • Average annual deductible for employees with family coverage through employer-provided health insurance.
  • Average annual deductible for employees with single coverage through employer-provided health insurance.
  • Average individual health insurance premium for a silver-tier health plan.
  • Percentage of adults who chose not to see a doctor at some point in the past 12 months due to cost.
  • Percentage of adults reporting 14 or more mentally unhealthy days a month who could not see a doctor at some point in the past 12 months due to cost.
  • Percentage of children whose families struggled to pay for their child’s medical bills in the past 12 months.

Residents of the state paid the highest premiums in the country for residents with “plus-one” health insurance coverage through employers, spending an average of $4,781 annually. Workers with family health insurance coverage through employers pay the second-highest average premiums in the country at roughly $7,180 annually, with deductibles in the same category averaging roughly $4,062.

Deductibles for residents with single health insurance coverage through employers weren’t much better — N.C. ranked 11th highest, averaging around $2,268 annually. [Source]

 

Dam Removal

Zachary Turner, WFAE Radio, 7/02/24

The Shull’s Mill Dam on the Watauga River is an obstruction, but it’s been a long time since it was watertight. Water flowed from an eye-shaped hole in the middle of the dam, a remnant of flooding during the 1940s. Now, the rest of the dam will come down during the next couple weeks. “It’s so deteriorated, we’re going to have to handle it a different way and pull it over in sections,” said Chad Shirley, a facilities operations specialist with the U.S. Fish and Wildlife Service.

Shirley is leading the U.S. FWS Aquatic Restoration Team, which has removed at least 15 other obstructions in the Southeast region. Besides the dam’s state of degradation, he said Shull’s Mill has another special consideration. The structure overlooks a small pool, which has become a prime habitat for the country’s largest salamander, the eastern hellbender.

The nonprofit American Rivers spearheaded the dam removal alongside MountainTrue, which includes Watauga Riverkeeper Andy Hill. Last week, the two groups coordinated the search and rescue of eight hellbenders from the area surrounding the dam. They’re going to continue monitoring these amphibians in their new home, miles downstream.

The two organizations orchestrated the removal of the nearby Ward’s Mill Dam three years ago — once Shull’s Mill comes down, the Watuaga will flow uninterrupted for 78 miles from Boone to Tennessee. [Source]

 

Workforce Training

Caramia Valentin, The (Jacksonville) Daily News, 7/03/24

In partnership with Lenoir Community College, the Town of Maysville will be home to the future Lenoir Community College Maysville Workforce Training Center. The town received $749,000 through a Golden Leaf Grant to transform the old Maysville train depot, located on U.S. Hwy 17 at the north end of town, into a workforce training center, according to Town Manager Schumata Brown.

The center will offer training in water and sewer maintenance, plumbing, electrical, HVAC, and healthcare, according to Brown. There will be two classrooms, each of which can hold about 15 to 20 students, Brown said. The vision for this new training center is to provide education in necessary trades, so young adults are qualified to take over as the current workforce eventually retires, Brown described.

“The workforce is retiring, and a lot of kids and young adults don’t know about the benefits that water and sewer brings,” Brown said. “I think with us being a walkable community, it will be great. It also could lead to career paths for high school students.” [Source]

 

FDA Authorization

Richard Craver, Winston-Salem Journal, 7/03/24

The Food and Drug Administration’s first-ever authorization of menthol-flavored electronic cigarette devices may be a game-changer for public health for smokers trying to quit traditional cigarettes, anti-smoking advocates say. The FDA disclosed on June 21 that “following an extensive scientific review,” it has authorized the marketing of four NJoy e-cigarette products through the premarket tobacco product application (PMTA) pathway. NJoy began the application process in March 2020.

The authorized NJoy devices are Ace Pod Menthol 2.4% (nicotine percentage concentration), Ace Pod Menthol 5%, Daily Menthol 4.5%, and Daily Extra Menthol 6%.

Brian King, director of the FDA’s Center for Tobacco Products, said it “is the responsibility of the applicant to provide the necessary evidence to obtain marketing authorization, and the FDA has made clear what’s needed to successfully achieve that outcome.”

The FDA authorizations represent a “great day for public health,” said David Sweanor, an adjunct law professor at the University of Ottawa and the author of several e-cigarette and health studies. “But, the regulatory barriers and delays for any approvals deprive people who will otherwise smoke cigarettes of more choices and the most innovative new technologies.”

Meanwhile, anti-tobacco advocates worry the FDA is losing some of its tobacco-regulatory will amid hopes the agency will fulfill its pledge to ban menthol traditional cigarettes.

“The FDA’s decision to authorize the sale of four menthol-flavored e-cigarettes made by NJoy … is deeply troubling given the extensive scientific evidence that menthol is a flavor that appeals to kids and the FDA’s repeated conclusions that flavored e-cigarettes, including menthol-flavored products, have driven youth e-cigarette use,” said Yolonda Richardson, president and chief executive for Campaign for Tobacco-Free Kids. [Source]

Apex Hack

WRAL News, 7/04/24
Apex leaders have said that the hack that knocked the town network offline is an attempted ransomware attack, but the town has yet to get any demands. “Nothing more about the cybercriminals is known at this time, including their demand – and in compliance with North Carolina law, the Town of Apex has not and will not communicate with, negotiate with, nor make payment to those responsible for this incident,” town spokeswoman Stacie Galloway said in an update. Since July 2, residents have been unable to pay bills or apply for permits electronically. [Source]

Legislative Sessions, Studies and Meetings

LB: LEGISLATIVE BUILDING. LOB: LEGISLATIVE OFFICE BUILDING

Tuesday, July 9

  • 9:00 A.M.
    • House Select Committee on Oversight and Reform, Auditorium

Wednesday, July 10, 2024

  • Noon, House and Senate Convene

HOUSE & SENATE: Reconvening allowed under provisions of SB 916, if no sine die adjournment previously adopted.

  • Monday, July 29 to Thursday Aug. 1
  • Monday, Sept. 9 to Wednesday, Sept. 11
  • Wednesday, Oct. 9
  • Tuesday, Nov. 19 to Friday Nov. 22
  • Wednesday, Dec. 11 to Friday Dec. 13

N.C. Government Meetings and Hearings

BOLD ITEMS ARE NEW LISTINGS

Tuesday, July 9

  • Cancelled | The Council of State meets. 1 South Wilmington St, Raleigh.
  • 11 a.m. | Economic Investment Committee  – Regular Meeting, 301 N. Wilmington St. Raleigh.
  • 1:20 p.m. | The North Carolina Local Government Commission meets, 3200 Atlantic Ave. Raleigh.
  • 1:30 p.m. | State Board of Elections will holds remote meeting via  Webex (Password: NCSBE), Dial 415-655-0003, enter access code 2435 410 1914#, passcode 62723#.

Wednesday, July 10

Thursday, July 11

Monday, July 15

  • 1:30 p.m. | NC Dept. of Agriculture  – 3RD QUARTER BOARD OF AGRICULTURE MEETING, 4400 Reedy Creek Road, Raleigh.

Tuesday, July 16

  • 10:30 a.m. | North Carolina Spiritous Liquor Advisory Council  – 3rd Quarter Meeting, 2 West Edenton St, Raleigh.

Wednesday, July 17

  • 9 a.m. | The North Carolina Real Estate Commission Meeting, 1313 Navaho Drive, Raleigh.

Thursday, July 18

  • 8 a.m. | North Carolina Medical Board Meeting – July 2024 Meeting, 3127 Smoketree Court, Raleigh.
  • 9:30 a.m. | North Carolina Turnpike Authority meets, 1 S. Wilmington St, Raleigh.

Thursday, Aug. 1

  • 6 p.m. | The North Carolina Department of Environmental Quality’s Division of Air Quality Public Hearing on Moriah Energy Center Draft Air Quality Permit, Vance-Granville Community College, 200 Community College Road, Henderson.

Tuesday, Aug. 6

  • 9 a.m. | The Council of State meets. 1 South Wilmington St, Raleigh.

UNC Board of Governors

23 S. WEST STREET, SUITE 1800, RALEIGH

Wednesday, July 24

  • T.B.A. | The UNC Board of Governors, UNC System Office.

Thursday, July 25

  • T.B.A. | The UNC Board of Governors, UNC System Office.

N.C. Utilities Commission Hearing Schedule

DOBBS BUILDING, 430 NORTH SALISBURY STREET, RALEIGH

Monday, July 8

  • 7 p.m. | Public Witness Hearing – Joint Application of Public Service Company of North Carolina, Inc. and Enbridge Parrot Holdings, LLC to Engage in a Business Combination Transaction | G-5 Sub 667

Wednesday, July 10

  • 6:30 p.m. | Remote Public Witness Hearing – Dominion Energy North Carolina 2023 IRP | E-100 Sub 192

Thursday, July 11

  • 10 a.m. | Expert Witness Hearing – Application for General Rate Increase for HH Water, LLC | W-1318 Sub 1

Monday, July 22

  • 2 p.m. | Expert Witness Hearing – Duke Energy Carolinas, LLC and Duke Energy Progress, LLC 2023 Biennial CPIRP | E-100 Sub 190
  • 2 p.m. | Expert Public Witness Hearing – Joint Application of DEP and NCEMC for CPCN to Construct a 1360MW Electric Generating Facility in Person County, NC | E-2 Sub 1318EC-67 Sub 55
  • 2 p.m. | Expert Witness Hearing – Application for CPCN for 850 MW Natural Gas-Fired Combustion Turbine Electric Generating Facility Located at 8320 NC Highway 150 E, Terrell, NC 28682 in Catawba County | E-7 Sub 1297

Other Meetings and Events of Interest

BOLD ITEMS ARE NEW LISTINGS

Saturday, July 20

  • 7 p.m. | North Carolina Democratic Party Unity Dinner, Raleigh Convention Center.

Saturday, July 27

  • 9 a.m. | North Carolina Federation of Young Republicans Convention, The Farm at 95, Selma.

Toma, Petersen depositions needed in transgender sports ban case

Attorneys for the plaintiffs challenging the state’s transgender sports ban argued Petersen and Toma’s attempt to stay proceedings as they seek to dodge depositions should fail given a prior unsuccessful effort to do so in a lawsuit over voting laws. District Court Judge Jennifer Bolton ordered the legislative leaders to sit for depositions and comply with discovery requests and found an effort to assert legislative privilege unconvincing given the two are “voluntarily participating in this lawsuit and putting their intent at issue.” Bolton noted an earlier case in which the same occurred – Petersen and Toma intervened, then sought to get out of depositions and discovery but saw the attempt rejected by both the district court and the Ninth Circuit Court of Appeals. Following Bolton’s ruling, Petersen and Toma then moved to stay proceedings in the district court as they appealed the order. In response to the bid to stay, Colin Proksel, attorney for the plaintiffs, claimed the legislative leaders are not likely to succeed on appeal and cited the Mi Familia Vota Ninth Circuit ruling that found the district court was correct in finding the legislative leaders waived their privilege by intervening in the suit. Proksel wrote Petersen and Toma “have provided no reason for the Ninth Circuit to reach a different outcome here.” Proksel further claimed the legislative leaders will not be harmed absent a stay. “Intervenor-Defendants chose to intervene in this lawsuit – they were not named as an adverse party in the Complaint. By choosing to intervene and putting the government interest at issue in this lawsuit, they also undertook the burden of sitting for a deposition,” Proksel wrote. “If Intervenor-Defendants truly believed that their participation in discovery would have a ‘chilling effect’ on ‘legislative speech and debate,’ … they should not have inserted themselves into this lawsuit.”

Fight over process to nominate state directors continues

Petersen, on behalf of the Senate, asked the Arizona Court of Appeals to decline to take up Hobbs’ special action challenge to the ruling finding her director nominations workaround to be illegal. Thomas Basile, attorney for Petersen, wrote Hobbs is “at a loss” in explaining how the trial court’s ruling cannot be handled in an ordinary appeal and claimed the governor “is not now under a prescriptive judicial order to take any specific action by any particular time.” In speaking to the merits, Basile again rebuts the governor’s arguments that “shall” is directory, not mandatory, in the director nomination statute and then wrote the “purported revelation that these entrenched statutory mechanisms are effectively optional – mere ethereal legislative aspiration that the Governor can disregard at will and that the courts are powerless to enforce – finds no sustenance in more than a century of case law.” And in turning to the argument that the ruling deems Hobbs’ executive deputy directors null and void, despite no violation of the statute governing deputy directors, Basile noted the trial court found the power of deputy directors “operates in conjunction with and not in lieu of the Governor’s obligation to timely nominate individuals for agency directorships.” He reinforced the superior court's ruling as “well-grounded and well-reasoned” and asked the court to decline special action. “The courts need not – and should not — countenance the Governors’ willful defiance of this statutory directive or transparent artifices to circumvent it.”

Another legislator weighs in on DINO controversy

Toma, on behalf of the House, chimed into the DINO special action, too, and urged the appellate court to decline jurisdiction given claims that Hobbs “has self-remedies available.” In an amicus brief, Brunn Roysden, attorney for the Toma, wrote the House has a “vital interest in the case” as the statute governing director nomination is “an important check-and-balance on the delegation of authority to state agencies.” Roysen wrote that Hobbs “refuses to take those or any other steps and instead complains she will suffer harm because a ‘cloud of uncertainty’ now hangs over the ongoing actions of her illegally appointed ‘Executive Deputy Directors.’” He continued, “But that cloud is directly attributable to Governor Hobbs’ violations of the law last September.” He pointed out that the Senate and Governor could continue to meet and confer to further negotiate or Hobbs could select other qualified individuals to lead agencies prior to the next legislative session. Toma’s brief backs up legal arguments made by Petersen and the Senate and claims Hobbs continues to act in excess of her authority. “Speaker Toma files this brief because the Governor has sought to ignore the bargain long-ago struck by the executive and legislative branches and enshrined in law,” Roysden wrote. “The House also does not have a feasible self-help method here because it already has passed laws that require confirmation and set forth a specific process if the Senate does not confirm a nominee … The House, the Senate, and the Governor who enacted these laws were clear, and the Superior Court interpreted their plain language to reach the correct result.”

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