NC General Assembly update

Most people predicted that this session of the North Carolina General Assembly was going to be fast and furious, and it appears that is indeed the case. The GOP-led General Assembly is advancing legislation that Democrats have traditionally not supported, like raising the cap on charter schools and opposing the federal health care law passed last year by Congress.

In addition, the $3.7 billion projected budget shortfall is also forcing lawmakers to look all over for money, a challenge that is also highlighting the different philosophies of both parties.

 
The Golden Leaf as a golden egg

It appears a move is afoot to snag money that is supposed to be headed for the Golden LEAF Foundation.

This fund was established from the tobacco settlement proceeds and is supposed to be used to promote the “long-term, economic advancement of rural, economically distressed, and tobacco-dependent counties.” That said, the $68 million annual settlement payment is being eyed by GOP leaders in the General Assembly as a piece of the deficit-reduction puzzle.

On Thursday, the Senate gave tentative approval to a plan that would take proposal that would take money from approximately 20 state accounts and the three funds supported by the 1998 national tobacco settlement — Golden LEAF gets half the tobacco settlement money, and two sister funds, the Health and Wellness Trust Fund and the Tobacco Trust Fund, share the other half.

The vote was 30-18 to take what would amount to about $142 million in all.

An email was sent out yesterday by the Golden Leaf Foundation president saying the idea was a bad one, and that other states have taken similar actions with bad results.

“That’s not the answer. Other states have used their tobacco settlement funds long ago to patch their budget. Now their money is gone, and they face the same issues we face but don’t have access to the assets you currently do through the Golden LEAF Foundation to create jobs and expand economic opportunity. Golden LEAF has helped create an anticipated 4,300 jobs and over $900 million in capital investments in the last two years alone, wrote Golden Leaf president Dan Gerlach.

A Western North Carolina source who is involved in an economic development project funded by the Golden Leaf Fund told The Smoky Mountain News on Thursday that conference calls were held around the region on Thursday to discuss the possibility the fund would be raided and ongoing projects might be stopped in their tracks.

So far this issue has been mostly split right down party lines, with Republicans supporting taking the money and Democrats — along with Gov. Bev Perdue — insisting the money stay where it is. Some Republicans have suggested that the Golden LEAF Fund should be dissolved and all of its $600 million in assets go toward deficit reduction.

 
N.C.’s own health care debate

Rep. Ray Rapp, D- Mars Hill, wrote in his e-newsletter that debate on repealing the federal health care law was one of the two dominant topics from the General Assembly’s first full week in session (the other was the economy).

Republicans in the House introduced and passed a bill to block the requirement in the federal health care law that requires everyone to buy health insurance by 2014. The bill — which passed essentially along party lines, 66-50 — would force Attorney General Roy Cooper to join other states in challenging the federal law.

“It only seems fair that we ask everyone to take personal responsibility for their own health by purchasing their own insurance so that we can require insurers to cover people with pre-existing conditions, allow young people to stay on their parents’ health policies until age 26, eliminate life time limits and provide tax credits for small businesses that want to cover their employees,” said Rapp, who has been appointed Democratic whip for this session of the General Assembly.

Rapp and other Democrats point out that the Attorney General has said it would cost $344,000 to join the suit, tough money to come by in the face of the projected budget shortfall. Both Rapp and Rep. Phil Haire, D-Sylva, voted against the bill. Rep. Roger West, R-Marble, voted for the bill.

 
In other General Assembly news

• As reported in the Asheville Citizen-Times Friday, Feb. 4, bills are progressing in both the House and Senate that would ban the practice of involuntary annexation, which forces residents near town limits into the town’s jurisdiction. Annexations typically mean additional city taxes and are usually accompanied by more services.

However, towns now have the right to grow their boundaries even if the residents to be annexed don’t support the move. These laws would ban that type annexation.

“I believe that people should have the opportunity to vote whether or not they should be included in an adjacent municipality,” said rep. Tim Moffitt, a Republican lawmaker from Buncombe County.

The bills would halt all involuntary annexations until July 1, 2012, during which time GOP leaders want to craft a new set of laws governing annexation.

• The Associated Press is reporting that Republicans are in support of a bill to lift the cap on charter schools and allowing proceeds from the state lottery to be used to build new charter schools.

State laws governing charter schools have changed very little since a bill passed in 1996 allowing for up to 100 charter schools in North Carolina. Because of the cap, charter school supporters say students in 53 of the state’s counties don’t have charter schools. The current 100 schools have a waiting list of 20,000 families, according to Darrell Allison, president of Parents for Educational Freedom in North Carolina.

Charter schools don’t charge tuition and have open enrollment. They are run by private boards and exempt from many of the rules that are in place in traditional public schools. The state money allocated for each student follows that student to a charter school, but so far charters have not received any lottery money.

Opponents also worry that lifting the requirement that enrollment in charter schools reflect the general racial and ethnic composition of a county could lead to problems. They argued for slowly raising the allowable number of schools rather than a blanket lifting of the cap.

“What I do not want to do is create a dual system of schools and charter schools,” said Sen. Malcolm Graham, D-Mecklenburg.

The bill is currently in committee.

GOP may loosen rules on lottery proceeds

With the GOP takeover of the state General Assembly, lottery money and how schools use what they’re given will come under new scrutiny.

“I wouldn’t have voted for a lottery, but it is the law now and it needs to be done properly,” said Jim Davis, an incoming freshman Republican senator from Franklin.

Davis unseated Democratic incumbent Sen. John Snow in November, helping Republicans — for the first time in more than a century — take control of the House and Senate.

“I think the research will show the poor counties have a higher per-capita lottery purchase, and those people can’t afford (to play the lottery),” Davis said. “But it is here now.”

Davis, a former longtime Macon County commissioner, is an unwavering, unapologetic supporter of local control. Though Davis said he finds Haywood County’s decision to use lottery money for football stadium upgrades difficult to rationalize, “if the school board wants to do that and commissioners OK the choice, they ought to be able to do that.”

Incoming state senator Ralph Hise, R-Spruce Pine, said he would support allowing schools to use their lottery funding for items other than capital improvements again this year.

“I wouldn’t just limit that to lottery funding,” Hise said. “I think that we have to give local school boards more options in using their funding. We know the level of cuts, and as we get more specific information, we hope to be able to give as much flexibility to state departments and others with their own budgets.”

That would be a welcome change to Macon County Schools Superintendent Dan Brigman.

“I would love to have more lottery dollars,” Brigman said. “The formula definitely needs to be revised.”

Money from the North Carolina Education Lottery is divided among school districts based on enrollment. Counties with a higher tax rate used to get a higher percentage of lottery money, meaning Western North Carolina with its historically low tax rate got penalized. That was changed by the General Assembly two years ago.

— By Quintin Ellison and Colby Dunn

GOP contenders

There are six Republicans vying for a shot to run against Congressman Heath Shuler, D-Waynesville, this year.

The six Republican candidates share similar platforms on all the salient talking points: they are against the health care bill that passed, they want smaller government, they want to reduce debt and they all pledge to “get the country back on the right track.”

But they have vastly different backgrounds. And despite sharing the standard Republican agenda, there are differences that set them apart, with some further right than others.

 

Jeff Miller, 55, small business owner

Miller runs a dry-cleaning business with 24 employees that was started by his parents. He is married and has a 17-year-old son.

Miller founded Honor Air, a program that charters airplanes to bring groups of WWII veterans to Washington, D.C., at no cost to see the WWII monument before they die. His plan was initially to reach all the veterans in Henderson County. But the project took off and by the end of the first year of the project, he had flown 800 veterans to D.C. Last year, the Honor Air network under Miller’s supervision flew 18,000 veterans to D.C. from 35 states.

Why did you decide to run?

“I had never talked about it, never thought about it, but I had a lot of people asking me to do it.”

Those people happened to be what Miller called “bookend generations” that each meant the world to him — his 17-year-old son and WWII veterans who he works closely with through Honor Air flights. They convinced Miller he was the type of common sense leader people were looking for.

What do you hope to accomplish?

“The number one thing we have to do is drive down the national debt. I like to call it beginning the deconstruction of big government.”

What separates you from other candidates?

“I understand the pains and challenges of running a business. I know what it’s like to sign the front of a payroll check and have to back it up. I think right now if there is anything the country needs it is people who have had to balance a budget.”

Miller is more moderate that some candidates.

“I am not a far right-winger. I think both parties have a piece of this mess we are in.”

He avoids bashing the President or the Democratic Party, and he admits there are “some good things” in the health care bill.

www.jeffmiller2010.com

 

Greg Newman, 48, attorney in Hendersonville

Newman is a partner in his firm and practices every type of law, from criminal to civil. He also served as a prosecutor in the 1990s. He served as mayor of Hendersonville for four years. He is married and has three kids ranging from 9 to 20 years old.

Why did you decide to run?

“I saw the fear and worry people were starting to experience. There are a lot of people beginning to think the government is too large, and our kids and grandkids are going to have an enormous tax burden on them. It is that lack of confidence that motivated me to want to get into this thing.”

What do you hope to accomplish?

“I want to restore people’s confidence in our future. We have to make some very bold actions about what we choose to fund in this government.”

What separates you from other candidates?

“I want to be honest with people about what it is going to take to get our fiscal house in order.”

On that note, Newman suggests axing the federal departments of Education, Energy and Homeland Security, considering them a duplication of existing departments or failing to provide any vital services.

“I am the only one who has been bold enough to state specifically what I intended to cut.”

 

Dan Eichenbaum, 67, ophthalmologist in Murphy

Eichenbaum has been a leader in the Tea Party movement and the 9/12 Project in the mountains. Eichenbaum was formerly registered as a Libertarian and ran for county commissioner in Cherokee County in 2002 on the Libertarian ticket. He said he became a Libertarian out of frustration at the direction of the Republican Party at one stage but was “never a big ‘L’ libertarian.”

Why did you decide to run?

Eichenbaum is fed up with government interference in his life and business.

“It got to the point where for the past year or so I have been screaming at my television set and yelling at my satellite radio in my truck.” He even found himself giving political speeches in the shower.

Last spring, he went to the Tea Party in Atlanta on tax day with a homemade sign with a single word: Liberty.

“We get there and there are 20,000 people. I was inspired and empowered.”

He came home and started a chapter of the 9/12 Project that grew from half a dozen to 600 members by the end of the summer. He inadvertently became the leader of a movement, and was ultimately convinced to run by those around him.

What do you hope to accomplish?

“I’ve had a platform from day one: limited government, individual freedom, personal responsibility, fiscal restraint and free market economy. Those are my five tools and my tool belt is the Constitution of the United States.”

What separates you from other candidates?

Eichenbaum said he is more knowledgeable than all the other candidates and has won straw polls at every Republican debate he has been in, which he credits to his ability to define a problem and pose a solution that will work.

“I can speak to those points on any issue anyone will ever ask me about. I am starting to hear my own words come back to me now from some of these other candidates.”

Eichenbaum is sick and tired of top down politics in Washington and RINOS, Republicans In Name Only.


Ed Krause, 63, attorney in Marion

Krause is married and has five grown children and an adopted teenager still at home. He has written three novels set in a fictitious small town in the rural Southern Appalachians. He is a fan of model railroads.

Why did you decide to run?

“I am concerned and upset about the bad economic situation and the government’s inability to solve the problem.”

What do you hope to accomplish?

“We have to pay back the debt. We are mortgaging our children and grandchildren.”

What separates you from other candidates?

“We are all the same. There are only minor differences between us all. I stress that I am a problem solver. I am not a flashy person or eloquent person but I can get the job done.”

 

Kenny West, 52, insurance salesman in Hayesville

West is a representative for Liberty National Life Insurance company focused on businesses accounts and works strictly on commission. He is the eighth ranking salesperson out of 6,800 insurance reps, even though he has only been on the job three years. Before that, he was a regional director with a large company overseing 160 employee that published church directories around the Southeast.

Why did you decide to run?

“When I looked at things going on and the choices being made, I told my wife, ‘This is not the America Kenny West knows.’ I think we forgot about our founding fathers and the principles they stood for when they fought and died for our country.”

West invited over his pastor and friends over to pray and talk about whether West should run while sharing a bucket of chicken wings in his basement one evening.

What do you hope to accomplish?

“I submit to you there is a lack of character in Congress. If we don’t put God and character back in this county, it is over for my children.”

What separates you from other candidates?

West has made his belief in God, his family values and strong Christian principles a central part of his campaign message. He is surprised how absent God is in the other candidates’ platforms.

“I have already been called a theocrat by one of them. Am I a zealot? No, but I am a Christian. All blessings come from God.”

West, a Baptist, represents strong family values. He’s been married just once, never smoked or drank, and doesn’t cheat.

 

James Howard, 72, Franklin

Howard grew up in New York as one of 11 children. He retired to Franklin from Florida in 2002. In Florida, he was a commercial helicopter pilot, but also worked in law enforcement for a stint and owned a real estate title company.

When asked his age, Howard refused, saying it wasn’t an issue in the campaign. “That is the problem with reporters,” he said, and then insisted he was 39. His real age was obtained from his registration information at the board of elections, however.

Why did you decide to run?

Howard filed a class action lawsuit against Congress in 2009 following the passage of the stimulus bill. He filed it without a lawyer, “on behalf of himself and the American taxpayer,” according to the suit.

He claims Congress was “derelict in their duties” and “conspired collectively to undermine the people who hired them with their vote.”

In a nut shell, that’s why he decided to run.

“I am not going to stand by and watch our great country destroy itself under the present leadership of the current Congress,” Howard said. “I am going to give it more than a college try.”

What do you hope to accomplish?

He pledges to always put the interests of those who elected him first.

“They hire me, they elect me, I serve them when I get to Washington.”

What separates you from other candidates?

None of the others have the right experience in the “trenches” of the Republican Party. Howard cited his work as the executive director of the Broward County Republican Party in Florida.

Howard said even if one of the other candidates gets elected, they won’t know what to do when they get to D.C.

“That person will be buried for two years and won’t be able to take his hands out of his pockets. It’s a fraternity up there,” Howard said.

Taylor makes it official: He’s not running

After months of keeping his fellow Western North Carolina Republicans guessing, former U.S. Rep. Charles Taylor (R-NC) has decided not to run for the seat he lost to Democratic rookie Heath Shuler in the 2006 elections.

Taylor made the announcement to 1,000 guests at his annual holiday dinner at the Grove Park Inn in Asheville, where presidential candidate Mike Huckabee was the featured speaker.

Taylor’s reluctance to announce his decision in the last months sparked frustration among his party and prompted the Henderson County Republican Men’s Club to ask Taylor to make up his mind. Efforts at pushing Taylor toward a decision failed, and an anticipated Labor Day announcement never materialized.

Three other Republicans have already announced their intentions to seek their party’s nomination to run against Shuler in 2008: Macon County attorney John Armor, Asheville City Councilman Carl Mumpower, and former Henderson County GOP Chair Spence Campbell.

Profiles of those candidates are available online in the Smoky Mountain News archives here.

— By Julia Merchant

Two more seek 11th District GOP nomination

By Julia Merchant • Staff Writer

Spence Campbell, chair of the Henderson County Republican Club, declared his intentions two weeks ago to run for the 11th Congressional District seat against Rep. Heath Shuler.

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