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Atlantic Coast Pipeline Series Ongoing coverage of N.C. General Assembly & Atlantic Coast Pipeline WWW.CAROLINAJOURNAL.COM FOR DAILY UPDATES VISIT CAROLINAJOURNAL.COM AN AWARD-WINNING JOURNAL OF NEWS, ANALYSIS, AND OPINION FROM THE JOHN LOCKE FOUNDATION CAROLINAJOURNAL.COM VOL. 28 • NO. 1 • JANUARY 2019 • STATEWIDE EDITION NORTH CAROLINA GENERAL ASSEMBLY INCHING TOWARD THE FINISH PAGE 6 9TH DISTRICT REMAINS IN LIMBO PAGE 7 WHAT TO DO ABOUT SILENT SAM? PAGE 8 VOTER ID FIGHT BEGINS PAGE 9 ELECTIONS AND ETHICS BATTLE PAGES 10-12 ATLANTIC COAST PIPELINE SERIES Interview: CAROLINA JOURNAL 200 W. MORGAN STREET, #200 David French RALEIGH, NC 27601 Free speech faces CJ ONLINE PERMIT NO. 302 NO. PERMIT a strong cultural DURHAM, NC DURHAM, challenge in America jlf.carolina.journal PAID today. @carolinajournal U.S. POSTAGE U.S. NONPROFIT ORG. NONPROFIT PAGE 19 www.carolinajournal.com [email protected] 2 CAROLINA JOURNAL // JANUARY 2019 QUICK TAKES Treasurer backs measures to limit state retirement system liabilities EDITOR-IN-CHIEF Rick Henderson @deregulator DAN WAY Rep. John Blust, R-Guilford, de- MANAGING EDITOR fended S.B. 117. “We’re talking John Trump tate Treasurer Dale Folwell about a retirement plan and health @stillnbarrel says a revised Senate Bill 117 plan that have sizable unfunded would eliminate some costly liabilities. If we don’t act, what’s EXECUTIVE EDITOR benefit options and impose forfei- going to happen when mathe- Don Carrington Sture of retirement benefits for some matics takes away vested rights, [email protected] criminal offenses. He supports the when the money just isn’t there to changes, which are intended to pro- pay the benefits promised?” Blust ASSOCIATE EDITORS tect the underfunded system. asked. “I think a prudent legis- Mitch Kokai lature would try to start backing @mitchkokai “We have to simplify this plan … to make sure money is not leav- away from that fiscal cliff that’s Lindsay Marchello ing the plan that shouldn’t,” Folwell coming.” @LynnMarch007 said Dec. 4, during his monthly Ask Folwell disagrees that the Kari Travis Me Anything teleconference with changes conflict with Bailey. @karilynntravis reporters. “Changing these options is Dan Way “There are dozens and dozens of something that Gov. [Roy] Cooper @danway_carolina different ways that people can buy voted on himself in the 1990s” as a into the pension system.” member of the General Assembly, DESIGNER The resulting costs far surpass Folwell said. Greg de Deugd the amount originally calculat- Under S.B. 117, judges who are [email protected] WAY DAN BY PHOTO CJ ed to cover a vested state employ- convicted by impeachment or re- ee through life expectancy, Folwell RETIREMENT CHANGES. State Treasurer Dale Folwell supports bill to protect moved from office by the Supreme underfunded system. PUBLISHED BY said. Court would not receive retirement The John Locke Foundation He cited the example of a retir- benefits. 200 W. Morgan St., # 200 ee naming a child as beneficiary of They would be reimbursed for Raleigh, N.C. 27601 his retirement payments. Doing so their own contributions to the sys- (919) 828-3876 • Fax: 821-5117 extends payouts much further into tem, plus interest. the future. The extra cost isn’t fig- minimum retirement age, has not At the time the U.S. Supreme Court Retirement forfeiture rules ured into the retirement system’s earned its assumed rate of invest- ruled in the case, states that exempt- would be adjusted for state em- financial obligations, adding to its ment return on average the past 20 ed from taxes state and local employ- ployees convicted of work-related unfunded liabilities. Retirees also years, is unlikely to hit that target in ee retirement payments had to offer felonies. Another provision would www.JohnLocke.org can take back pension benefits they the next 20 years, and is dealing with the same exemption for military and prevent pension spiking. Folwell Kory Swanson signed away if the child dies before longer life expectancies — thus more federal employees. Instead of extend- and lawmakers have complained President & Publisher them. payments — than anticipated, Fol- ing the tax exemption to military and that state agencies sometimes The State Employees Associa- well said. federal workers, the state repealed the grant large pay hikes to employ- John Hood tion of North Carolina supports S.B. “On a gross basis we’re going to exemption for hundreds of thousands ees shortly before they retire to in- Chairman 117, which the House has passed. pay out more in pension benefits of state employees. crease their pension amount. Bill Graham, John M. Hood The measure was referred to the this year than equal, or approach- Ted Hicks, Christine Mele Senate Rules Committee. ing the long-term debt of North Car- Brad Muller, Paul Slobodian “We really believe firmly that olina,” Folwell said. Retirement sys- David Stover, J.M Bryan Taylor we’ve got to do everything we can tem payments will exceed $6 billion Edwin Thomas to avoid this system getting into this year alone. The Decline of the Board of Directors the kind of shape” other state re- Reps. Marcia Morey and Mickey tirement systems are in, Ardis Wat- Michaux, both Durham Democrats, ISSN 2578-8167 Carolina Journal is kins, SEANC spokeswoman, said objected to the changes during English Department a monthly journal of news, analysis, during a House Pensions and Re- committee debate. They said bill and commentary on state and local Throughout much of the 20th century, government and public policy issues tirement Committee meeting. sponsors violated House rules by in North Carolina. “We’ve been in this room for a missing a 9 p.m. deadline to give no- English departments were the crown ©2018 by The John Locke Foundation couple of decades saying we want tice the night before a bill is intro- jewels of the humanities. Today, English Inc. All opinions expressed in bylined this pension plan to be taken care duced. They said state employees departments have lost their position at articles are those of the authors and of. We expect accountability and would lose constitutionally vested do not necessarily reflect the views the center of the American university. of the editors of CJ or the staff and transparency,” Watkins said. rights. The N.C. Association of Edu- board of the John Locke Foundation. SEANC has been advised that cators opposed the revisions for the Why? Material published herein may be re- the underfunded retirement sys- same reason. printed as long as appropriate credit is given. Submissions and letters are tem could shift from a defined-ben- “That would require a judge to welcome and should be directed to efit plan which guarantees retire- decide,” said committee Chairman Read “The Decline of the the editor. ment payments. An alternative de- Allen McNeil, R-Randolph, drawing To subscribe, call 919-828-3876. fined-contribution plan would pro- criticism from Michaux that the bill English Department” by Readers also can request Carolina vide a set amount of money em- could end up in litigation. Journal Weekly Report, delivered ployees could invest in retirement “Y’all are going to do what you Jay Schalin FREE at: each weekend by e-mail, or visit CarolinaJournal.com for news, links, plans they choose. want to do,” Michaux said. and exclusive content updated each “As long as I’m the state trea- Democrats said S.B. 117 is in www.jamesgmartin.center weekday. Those interested in educa- surer of North Carolina, I’m go- conflict with legal precedent in the tion, economics, higher education, health care or local government also ing to figure out how to preserve Bailey v. North Carolina case, which can ask to receive weekly e-letters and strengthen the defined-bene- prohibits denying a state retiree covering these issues. fit plan, but with that comes the re- vested contractual rights. The 1989 sponsibility of figuring out how to case enforced a settlement in which sustain it,” Folwell said. the state reimbursed employees You can’t have a plan that has no $799 million. CAROLINA JOURNAL // JANUARY 2019 3 QUICK TAKES Speech battles intensify as adversaries are treated as enemies ree speech is overwhelmingly pression — were given the “green versity “speech code” literally stip- popular in courtrooms around light.” ulated “acts of intolerance will not the United States, but the ju- Thirty-five schools were be tolerated.” ry of public opinion doesn’t sup- green-lighted in 2018. Only eight Don’t think about it too much, Fport First Amendment rights, a con- universities had green lights in he joked of the illogic. servative litigator and legal writer 2009. Speech zones and codes exist says. North Carolina is a nation- to suppress more popular or power- Political mudslinging happens al leader with eight green-rated ful points of view in favor of lifting when people choose sides based on schools, seven of which are part of up historically marginalized ones, what they hate rather than what the University of North Carolina French said. It’s a model called “lib- they believe, David French, a senior System. erated tolerance,” but it actually writer for National Review, said Dec. But restrictive policies contin- “delegates free-speech rights to the 11. ue to prevail at several of the state’s most offended person in the room,” The presentation was co-hosted institutions, and even schools with he said. by the Federalist Society, Nation- good ratings have issues. Campus- It’s up to individuals to battle for al Review Institute, and John Locke es like UNC-Chapel Hill, which are a cultural return to the values of the Foundation. rated green by FIRE, suffer from First Amendment, and fighting for Legal battles are easy to win, speech controversies like those sur- the speech rights of someone with but cultural battles are easier to rounding Silent Sam, a Confeder- whom you disagree is a good way lose, French said, pointing to col- ate statue toppled on the campus in to make room for more speech, not lege and university campuses as in- August.
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