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Ballot measure would bar felons from serving as sheriff

After six felons in North Carolina ran for sheriff during the May primaries, legislators decided it was time to close that particular legal loophole.

This November, voters will decide on a constitutional amendment that would put a stop to convicted felons being able to hold a county’s top law enforcement post. State representatives this summer unanimously signed on to that amendment, forged in the state Senate. A majority of voters must now vote “yes” Nov. 2 for the constitution to actually be changed.

“I don’t believe any sheriff should have any criminal record — whether felony or misdemeanor,” Macon County Sheriff Robert Holland said this week. “No criminal background, at all.”

Currently, once they’ve served their court-ordered punishments and their citizenship rights have been returned, convicted felons can legally run for office, though they cannot carry a firearm. None of the primary candidates who ran for office were actually elected sheriff.

Still, the situation served to underscore the issue’s importance, said Eddie Caldwell of the N.C. Sheriff’s Association.

“It became a little less academic and a little more practical,” Caldwell said.

A bill pushed last year by the association did not pass because of procedural problems. Namely, there was concern that legislators would try to piggyback pet projects on the bill.

This time, however, state leaders agreed not to do that, which facilitated passage of the proposed constitutional change, Caldwell said.

Despite landslide worries, state slope rules face uphill battle

A controversial bill to regulate development on steep slopes to prevent landslides will be reintroduced in the state legislature this year after dying in committee last time.

The bill was crafted by Rep. Ray Rapp, D-Mars Hill, who said it has a “much better chance” of passing this time because people are beginning to see the value of such laws. A recent landslide in Maggie Valley that destroyed a home brought to light once again the need for such regulations, Rapp added.

The bill doesn’t say that you can’t build on steep slopes, but instead requires oversight when doing so — namely by mandating that builders consult an engineer when building on slopes that exceed a threshold of 40 percent. The bill calls on mountain counties to adopt slope laws, providing minimum standards to go by.

However, Rep. Roger West, R-Marble, said he opposed the legislation last time and likely will again because he doesn’t think landowners should be restricted.

Such regulations make it impossible to develop land and build roads, West said. The recent landslide in Maggie Valley does not change his opinion either, saying that it’s an isolated case.

Rather than the state developing a “one-size fits all” bill for steep slope development, it should be left up to individual counties to develop the laws, said West.

Macon County, which he represents, does not have such a law, nor does Swain County. Haywood and Jackson do, but they are rarities in WNC.

The recent landslide in Maggie involved a home built prior to Haywood’s slope ordinance. While county officials flagged the slope as unstable and issued warnings to the property owners, the construction was grandfathered in and didn’t have to comply.

Had the slope law been triggered at the time of construction, however, the slide likely wouldn’t have occurred, county officials have said. Rapp’s bill is patterned after Haywood’s slope law.

Many of those opposed to the bill work in real estate or home construction, although Rapp said he has support from some in those groups this time. Rapp would not elaborate on how many people from those fields were backing him.

The goal is not to harm the real estate business or the home building industry, he said, but to provide a level of assurance to homebuyers that they are purchasing a safe piece of property.

Rep. Phil Haire, D-Sylva, co-sponsored the legislation last time, and said it needs to be looked at again.

The bill not only has to clear the House, but the Senate as well. That means finding a senator willing to shepherd it through the Senate. Sen. John Snow, D-Murphy, said he thinks such regulations are needed but could not say if he would support the bill because he has not seen it.

And Sen. Joe Sam Queen, D-Waynesville, said he would also give the bill serious consideration, adding that work into mapping dangerous slopes in the region needs to continue.

Tough budget facing legislature as session begins

The state legislative session began in Raleigh this week with the big issue being the budget during tough economic times.

The current fiscal year budget of $21.35 billion is expected to have a shortfall of $2 billion, and Gov. Beverly Perdue has asked state agencies, colleges and universities to cut back on spending. For the first half of the fiscal year revenue is running $625 million below what was expected.

During the session the legislature also has to develop budgets for 2009-2010, which begins July 1, and 2010-2011.

The revenue picture is bleak as the recession is expected to continue into 2010. The state is collecting less in sales and income taxes as well as corporate and franchise taxes. Raising the sales tax and increasing the taxes on alcohol and gasoline could generate additional revenue, noted Rep. Phil Haire, D-Sylva.

According to the Associated Press, the state also has a $780 million rainy day fund that could possibly be tapped. Sen. Joe Sam Queen, D-Waynesville, said the legislature will have to determine what are priorities when developing the budget, and he said education and job creation are his.

Local legislators are also waiting to see what effect President Barack Obama’s proposed $825 billion stimulus plan will have on North Carolina.

“I’m hoping for solid revenue sharing from the federal side to get us through,” Queen said.

The state’s unemployment rate increased to 8.7 percent in December, the highest since June 1983 when the rate was 9 percent.

“Layoffs continue to hamper many job sectors throughout the state,” Employment Security Commission Chairman Moses Carey Jr. said in a news release.

The unemployment rate a year ago was 4.7 percent.

In December there were 396,846 people unemployed in North Carolina. The national unemployment rate was 7.2 percent in December.

The downward trend in employment in the state is expected to persist for most, if not all, of 2009, and maybe into 2010, according to a report from the Fiscal Research Division of the state Legislature.

Congressmen should weigh in on relicensing

When a room full of elected officials pleaded with a U.S. senator and a congressman last week to step into the fray over Duke Power’s plan to manage waterways in three western North Carolina counties, they were arguing for the regular folks who use these waterways but often don’t take part in politics. We hope those politicians were listening.

How to herd a bill

Sen. John Snow, D- Murphy, had a whopper of a week last week.

He had four bills on the table he hope to push through committee, the Senate and the House in a matter of days.

A moment of your time? Lobbyists courting lawmakers take center stage in Raleigh

Editor’s note: Smoky Mountain News reporter Becky Johnson spent two days in Raleigh last week covering local representatives at work in the General Assembly. Johnson’s reporting of the activities in Raleigh covers the gamut, from the omnipresent professional lobbyists to citizen groups trying to build support for their special projects, to elected officials trying to juggle dozens of large and small tasks in a day to the passage of the all-important state budget.

 

Pulling the right strings: Lawmakers work to bring home the bacon

It was a big week in the legislative building in Raleigh last week.

The House of Representatives would vote on its version of the budget, prompting a great deal of last-minute wrangling by those who hadn’t gotten what they wanted. The budget is written in sundry committees: education, prisons, courts, natural resources, social services and so on.

Land for Tomorrow: Will it pass the state legislature?

Land for Tomorrow is a statewide campaign to raise $1 billion in state funds to preserve farmland and forestland, create new state parks and natural areas, restore historic sites, develop local parks and greenways and protect views along scenic highways.

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