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GOP lawmakers send not-so-'technical' changes to Cooper

House and Senate lawmakers on Thursday approved a laundry list of legal changes - some technical, some substantive and some that critics are calling "monkey business."

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By
Laura Leslie
RALEIGH, N.C. — House and Senate lawmakers on Thursday approved a laundry list of legal changes – some technical, some substantive and some that critics are calling "monkey business."
The changes were rolled into an omnibus bill leaders referred to as "Budget Technical Corrections." Technical corrections bills, which tend to be long and complex, are frequently used as vehicles for non-technical changes sought by legislative leaders and their supporters, and Senate Bill 582 is certainly no exception.
Tucked into the 22-page bill are provisions allowing the use of state money to pay for permits for a piece of private property, extending the film grant program indefinitely, changing the laws governing misdemeanor impaired driving charges and limiting the attorney general's authority to seek outside legal help on appeals.

The permitting at issue is for a proposed "satellite aquarium" highlighting shellfish, initially proposed by former Rep. Chris Millis, R-Pender. The budget had set aside $300,000 for site surveying and planning at a site called Blake Farm, a private development in Pender County, but Senate Bill 582 allows the money to be used to pay for permits as well.

Rep. Becky Carney, D-Mecklenburg, questioned the need for a new facility so close to the existing state aquarium at Fort Fisher.

"So, who is the public-private partnership with? Usually, when we enter into these, we know who the private component is," Carney said. "We don’t even know who it is, (and) we’re going to give you $300,000 to plan and permit your land?"

Rep. Ted Davis, R-New Hanover, said he doesn't support the proposal for a new aquarium and wasn't involved in putting it together. But Rep. Pat McElraft, R-Carteret, defended the provision as important to expanding the state's aquaculture industry.

"You have to have the permits or at least know that it can be permitted before you start spending any more money," said McElraft.

Democrats also had harsh words for the provision banning Democratic Attorney General Josh Stein from returning any criminal appeals to local district attorney offices in the wake of a last-minute, $10 million budget cut that Stein says amounts to 30 percent of his staff budget.

"What this does is ensure that the attorney general will continue to perform the functions that they have performed," said Rep. David Lewis, R-Harnett. "Never before have these functions been farmed out to district attorneys, and they should not be now."

"You’re going to find people who have been found guilty," warned Rep. Mickey Michaux, D-Durham. "Those folks are probably not going to have their appeals heard, which means they’re still going to be walking the street."

"The cuts that everyone’s been referring to, they’re either non-existent, or they’re miniscule," insisted Rep. David Rogers, R-Rutherford.

"You’re entitled to your opinion but not your own facts," shot back House Minority Leader Darren Jackson. "Forty-five positions have been eliminated in legal services and administration for purely political reasons.

"No justification was given on this House floor or anywhere else why we were cutting the attorney general's budget when we had all this money on the bottom line," Jackson, D-Wake, added.

"We’re doing it out of meanness and spite, and it’s wrong," agreed Rep. Billy Richardson, D-Cumberland. "Cutting these positions when we don’t need to is wrong."

House Budget Chairman Nelson Dollar, R-Wake, defended the provision as merely preserving "the status quo."

"We can certainly come back in a later session, next year in the short session, and talk about budgets, talk about a range of things we might be able to do," he added.

But Richardson warned House leaders that voters are paying attention.

"You guys got elected saying you were going to change this monkey business," he said. "Let me assure you of something – they will un-elect you when they think you’re being unfair. They will send you home when you’re doing monkey business."

The bill passed the House on a 70-44 vote and then passed the Senate with much less debate 30-17.

Legislators are planning to stay "in session," holding periodic non-voting meetings, until Oct 17. Because they are not officially adjourning, Gov. Roy Cooper will have 10 days to decide whether to veto the measure instead of 30 days.

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