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From the Office of North Carolina Gov. Bev Perdue, shared June 30:
Senate Bill 496: Governor Urges Legislature to Revisit
“There are many aspects of Senate Bill 496 that I support. However, one section of the bill would take final decision-making authority away from the Department of Health and Human Services and instead give it to the Office of Administrative Hearings.
“The Attorney General has repeatedly declared that such a transfer of final authority from a state agency to OAH violates our State Constitution. Furthermore, in addition to being unconstitutional, this transfer of authority from DHHS to OAH would also violate federal Medicaid law. Because I do not have a line-item veto, I am unable to veto only this one portion of the bill and must instead veto the bill in its entirety.”
Senate Bill 781: Urges Lawmakers to Revisit Regulatory Reform and Satisfy Constitution
“I am committed to maintaining and enhancing North Carolina’s business-friendly climate so that businesses will continue to invest and grow jobs here. Providing regulatory certainty to our businesses is an important component of that effort. Therefore, I am strongly in favor of regulatory reform. Through my existing Executive Order, I have spearheaded the effort to improve our State’s regulatory system by taking a balanced approach that protects our economy, public safety, public health, and the environment, and I will continue to do so.
“While I wholeheartedly support the General Assembly’s desire to pass laws aimed at reforming our bureaucracy, those laws have to be balanced and meet constitutional standards. Senate Bill 781 fails this test. It would take final decision-making authority in certain circumstances away from state agencies and instead give it to the Office of Administrative Hearings – a result that the Attorney General has repeatedly declared is in violation of the North Carolina Constitution. I urge the General Assembly to revisit the issue of regulatory reform.”
Senate Bill 709: Issues Executive Orders to Move State’s Energy Policy Forward
“I believe Senate Bill 709 is unconstitutional as it infringes on the powers assigned to the Governor of North Carolina.
I am completely committed to North Carolina’s energy policy of developing jobs that foster America’s energy independence. I have been working on this for two years. Because of my experience in this area, I know it is critical that we plan and prepare for any eventual federal approval to move forward. We cannot wait until we have authorization to get ready, we must do that now.