February 2012 Second Edition
From the Office of Senator Jim Davis

Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.

-Ronald Reagan-

The Article I Did Not Write But Wish I Had
Free Stuff Problems 1/25/12 by Gary M. Rutherford

To the Editor of the Montgomery Herald

I read something the other day that made perfect sense and described what was going on in our country. It said that the people who are getting free stuff don’t like the people who are paying for the free stuff, because the ones paying for the free stuff can no longer afford to pay for both the free stuff and their own stuff. The folks who are paying for the free stuff want the free stuff to stop, and the ones getting the free stuff want even more free stuff on top of the free stuff they are already getting! However, the people who are forcing the people to pay for the free stuff have told the people who are receiving the free stuff, that the people who are paying for the free stuff are being mean, prejudiced and racist. Therefore the ones getting the free stuff have been convinced they need to hate the people who are paying for the free stuff by the people who are forcing some people to pay for their free stuff, and giving them the free stuff in the first place. We have let the free stuff giving go on for so long that there are now more people getting free stuff than paying for the free stuff.

All great democracies have committed financial suicide somewhere between 200 and 250 years after being founded. The reason? The voters figured out they could vote themselves money from the treasury by electing people who promised to give them money from the treasury in exchange for electing them. Thomas Jefferson said it best: “The democracy (Republic) will cease to exist when you take away from those who are willing to work and give to those who would not.”

The United States officially became a Republic in 1776, 235 years ago. The number of people now getting free stuff outnumbers the people paying for the free stuff. We have one chance to change that this election year. If we fail to change that, it will spell the end of the United States as we know it.

Fiscal Briefs Summarizing Budgetary Actions FY 2011-13 Biennium

The NC General Assembly’s Fiscal Research Division is pleased to provide you with a new series of fiscal briefs that provide highlights of budgetary actions authorized by the General Assembly for the FY 2011-13 biennium. Organized by Appropriations subcommittee, these fiscal briefs offer summarized descriptions of major budget actions in a concise format. The briefs also include charts and tables that reflect department or agency actual and certified expenditures as well as full-time equivalent position counts for State agencies and departments.

Fiscal briefs are available for Education, General Government, Health and Human Services, Information Technology, Justice and Public Safety, Natural and Economic Resources, and Transportation.

What Will The Marriage Amendment Do?

This month Representative Paul Stam, House Majority Leader, responded to questions about the legal effect of the Marriage Amendment. On May 8, 2012 the voters will decide whether this provision should be added to the State Constitution. I encourage you to read his responses in the document included as an attachment to this e-mail Senate Update.

The NC Physical Therapy Association’s Ben Massey Public Service Award

I was humbled and honored to be awarded The NC Physical Therapy Association’s 2011 Ben Massey Public Service Award. In their endorsement the NCPTA wrote, “ An orthodontist by trade, Senator Davis understands healthcare as well as business. He believes in a fair playing field for small business owners and is a champion for consumer rights regarding better access to healthcare. His support for both patients and healthcare providers should be recognized…

Senator Davis’ leadership skill set, excellent work ethic and family centered outlook are admired and respected by the physical therapy community. These characteristics, combined with his principle based voting stance, make him an excellent [senator].”

IRS Free File Tax Program

Through IRS Free File, all taxpayers who made $57,000 or less in 2011 can visit http://www.irs.gov/freefile to prepare and e-file their federal tax returns. IRS Free File provides free access to the industry’s top tax preparation software, as well as a comprehensive suite of online tax forms. Participating taxpayers can also have their tax refunds direct deposited in as little as 10 days.

Now in its 10 th year, IRS Free File is made possible through a landmark public-private partnership between the IRS and the Free File Alliance, a coalition of leading tax software companies. To learn more about the program, please visit www.freefilealliance.org or www.freefile.irs.gov .

Affordable Care Act: State Action Newsletter

The Affordable Care Act: State Action Newsletter highlights state actions (that the state is taking or will need to take) related to the federal Affordable Care Act of 2010. The newsletter includes health reform implementation happenings in the states. The newsletter is distributed every other week. To access the newsletter index and ACA-related documents, click here .

NCAE Misses The Mark Again With Misleading Statements About Teacher Pay

NCAE’s February 6 political briefing resorted to misleading statements about teacher pay in an unsuccessful attempt to refute a March 2011 Civitas Institute article about why North Carolina should find a better way to pay teachers. Click here to read Civitas’ reply.

I Hope Not, But If You Need Foreclosure Assistance…

If you are in need of foreclosure assistance, you can contact the North Carolina Housing Finance Agency at www.ncforeclosurehelp.org or phone 1-866-234-4857 where you will be connected with a HUD-certified housing counselor.

Also, if you need to speak with an attorney regarding foreclosure issues, the North Carolina Bar Association offers up to one hour of free counseling by calling 919-677-8574 or 1-800-662-7660.

The US Constitution: A Reader

If you are a student of the US Constitution, you may be interested in the following information mailed to me.

Divided into eleven sections, readings cover the principles of the American founding, the framing and structure of the Constitution, the secession crisis and the Civil War, the Progressive rejection of the Constitution, and the building of the administrative state based on Progressive principles.

The U.S. Constitution: A Reader is a resource for studying the U.S. Constitution, and expands upon the readings provided for "Constitution 101: The Meaning and History of the Constitution," which begins on February 20.

NC General Statutes Updated

The General Statutes on the web have now been updated through S.L. 2011-411, which became law 9/15/2011. It had previously been updated through the 2010 short session.

http://ncleg.net/gascripts/statutes/Statutes.asp

Redistricting Complaints – Press Release From Sen. Bob Rucho

Raleigh, N.C. – A three-judge panel [2/6/12] dismissed nearly half of the complaints filed by Democrats and the NAACP regarding North Carolina’s new congressional and legislative maps.

The Superior Court judges dismissed many claims that the maps are unconstitutional because of divided cities, counties and precincts.

The court did not say that discrimination claims have merit but acknowledged the plaintiffs have made claims and the court must consider the facts.

Below is a statement from Sen. Bob Rucho (R-Mecklenburg), Senate Chairman of the Redistricting Committee:

“I am pleased that many of these frivolous complaints were dismissed today and am confident that once the facts are presented, the remainder of complaints will be tossed out.”

February is American Heart Month!

My wife Judy and I were glad to celebrate National Wear Red Day on February 3, 2012 as part of an effort to draw attention to heart disease in women. Heart disease kills more women than all cancers combined. Click on the American Heart Association link to learn more.

Whitney Houston – 1963-2012 – Sings Our National Anthem

Ten days after the United States went to war in the Persian Gulf, Whitney Houston performed the greatest rendition of the Star Spangled Banner in sports history.

On Jan. 27, 1991, Houston took the field at Tampa Stadium prior to Super Bowl XXV to sing the national anthem. The US was at war in Iraq and the game between the New York Giants and Buffalo Bills was serving as a welcome respite from the televised reports of scud bombs and cease fires…

Houston's gospel-infused performance and her soaring vocals, all set to the patriotic backdrop of flags and flyovers, are the standard against which all anthems are compared. It's as close to perfect as a human voice can get.

“I think it was a time when Americans needed to believe in our country." Houston said later that year. "I remember standing there and looking at all those people, and it was like I could see in their faces the hopes and prayers and fears of the entire country."

The famed singer died on February 11, 2012. She was 48. Take a moment to listen to our national anthem sung by Whitney Houston.

Source: Chris Chase, Shutdown Corner

In The District – Clay County

Clay County Town Hall - February 16, 2012
6pm-6:30pm Refreshments - 6:30pm-9pm - CLAY COUNTY SENIOR CENTER
196 Ritter Road, Hayesville, NC 28904 - 828-389-9271

In The District – Transylvania County

Transylvania County Town Hall - February 21, 2012
6:30pm –7:00 pm Meet and Greet - 7:00-9pm Q & A - TRANSYLVANIA COUNTY LIBRARY
212 South Gaston Street, Brevard, North Carolina 28712

If you have not yet attended one of my Town Halls, remember that you do not have to be a resident of the county in which a Town Hall is scheduled to attend. If your schedule did not/does not allow for attendance in your county, please consider attending in another.

Again, thank you for allowing me to serve.

2111 Legislative Building
Phone: (919) 733-5875
Email: Jim.Davis@ncleg.net
Email for Legislative Assistant Kaye Culberson: davisjla@ncleg.net

Legislative Mailing Address:
NC Senate
16 W. Jones Street, Room 2111
Raleigh, NC 27601-2808

District: 50
Counties Represented: Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain, Transylvania
District Address: 37 Georgia Road, Franklin, NC 28734
District Phone: (828) 342-4483