Government Reform

This report highlights eleven action items that North Carolina’s new General Assembly should seek to implement in the first 100 days of the 2011 legislative session. These items touch upon a cross section of public policy areas, including education, economic development, property rights, energy and the environment, health care, the budget, and transparency. We at the John Locke Foundation believe that these items represent straightforward actions that would greatly enhance the liberty and prosperity of North Carolina’s citizens.

North Carolina’s regulatory environment is poor, especially in comparison with other states’. Gov. Beverly Perdue signed a new executive order to modify the rulemaking process and help reduce the costs of regulation, which is a good start, but much will depend on how it is implemented in practice. For true regulatory reform, the legislature needs to build upon the executive order and apply reforms to all agencies.

Outgoing Cherokee County commissioners are asking voters to approve a $600,000 tax increase, an amount equivalent to a property tax increase of 1.5 cents per hundred dollars of value. County voters already rejected all three county commissioners who proposed the tax hike, but those lame-duck commissioners have since committed nearly $10 million to expand and renovate the courthouse.

Orange County commissioners are asking voters for a $2.3 million tax increase at a time of high unemployment. Since the special county taxing authority was established by the legislature in 2007, voters have turned down 68 of 85 requests for tax increases, sending the message that county commissioners must be more responsible stewards of taxpayers’ hard-earned money.

Business incentives are like lottery tickets, providing big rewards for governments if you don’t count the costs. Iredell County modeled the financial costs and benefits of an incentive offered in 2009 and showed a positive net present value for the incentives, but neglected to factor in the opportunity cost of forgoing the next best use for the funds and the likelihood the investment would have happened without an incentive.

The final budget for fiscal year 2011 spends $20.56 billion, $153 million more than the budget for fiscal year 2010. General fund availability in fiscal year 2011 excluding federal funds is $17 million less than was available in fiscal year 2010. A $7 billion shortfall (accounting for federal bailout funds, temporary taxes, pensions and retiree health benefits, etc.) in a $20 billion General Fund requires fundamental reform of state government.

North Carolina Attorney General Roy Cooper decided not to join a lawsuit challenging whether the recently enacted federal health care bill is constitutional. The Attorney General's legal analysis used to justify not taking action avoided the primary legal questions regarding the law's constitutionality.

Governments have been seeking ways to adopt or advertise their efforts at open government, sunshine, and transparency. Recent history is rife, however, with examples of how they have failed - such as Gov. Mike Easley's financial dealings and the hole in the state health plan.

Open government is just as important in a modern republic as it was two centuries ago. Larger bureaucratic states threatened to overwhelm the ability of citizens and their representatives to keep track of government.

In North Carolina, the government can invoke eminent domain and seize private property even if reasonable alternatives exist to using this power. A recent Senate bill (SB 600) would allow conservation easement holders to challenge takings in court by requiring the government to prove that no prudent and feasible alternatives exist to condemnation of properties encumbered by conservation easements.