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(06/29/06 4:00am)
During a conference held last week, N.C. State University Provost Larry Nielsen added his opinion to a debate that continues to rage in North Carolina as well as across the country.
While at a conference on higher education and Hispanics in Winston-Salem, The Associated Press reported, Nielsen discussed his support of in-state tuition rates for certain undocumented students - specifically, those who attended a state high school for four years and had documents proving that they had applied for citizenship.
"We should, I think, be helping (students) achieve their goals and be educated citizens who can contribute to the economy of North Carolina," the AP reported him as saying.
Nielsen was unavailable for comment to The Daily Tar Heel.
But his comments made news because he rekindled a debate that made headlines across the state last year - and that, to a lesser extent, still is being dealt with today.
The General Assembly can't deal with a bill that would give in-state tuition to the type of students Nielsen discussed because it failed to get approved last year before the so-called "crossover" deadline that permits legislation to be discussed in even-numbered years.
Still, N.C. Sen. Jim Forrester, R-Gaston, introduced a bill earlier this summer that would have effectively blocked undocumented immigrants from gaining in-state tuition rates to any UNC-system school or community college in North Carolina.
"We shouldn't be subsidizing in-state tuition for illegal aliens," he said.
"They are affecting our budget in . numerous different ways, including the school system (and) the health care system. I don't think that we ought to be giving the illegal aliens a break, because it costs the taxpayers money."
Another proposal would require voters to provide proof of citizenship when registering to vote.
Law-enforcement officers would be permitted by another bill to detain those suspected of being an undocumented immigrant at the scene of a crime or car crash and to take them before a judicial officer to determine whether they were a risk to national or state security.
And an N.C. House resolution proposes that the body support U.S. Rep. Sue Myrick, R-N.C., in her endeavor to create an immigration court in North Carolina. The closest current immigration court is in Atlanta, 230 miles away from Charlotte and 360 miles from Raleigh.
Sen. Hugh Webster, R-Alamance, said he strongly disapproved of Nielsen's comments.
"I am offended that that person would be so generous with my tax money," he said. "He needs to get out of that ivory tower and talk to the real people."
Webster said North Carolina has enough to handle without providing a service to illegal immigrants.
"We don't have the resources," he said. "Our taxpayers of North Carolina are straining to provide the resources to educate the children of the taxpayers."
The measure does have some support among legislators and other state leaders - including former Gov. Jim Hunt, who came out strongly for the legislation last year.
Gov. Mike Easley has said it is against federal law, though nine states offer a similar deal to undocumented students in their schools.
Contact the State & National Editor at stntdesk@unc.edu.
(06/22/06 4:00am)
Sometimes, it's easier to follow the way of those who have gone before us.
Such is the lesson that University officials and Chapel Hill leaders can use to help resolve the continuing conflict that is Carolina North - especially because UNC-Chapel Hill has two prime examples to look to for guidance.
In 1984, then-N.C. Gov. Jim Hunt moved to allocate 835 acres of unused farmland to N.C. State University to create the Centennial Campus, a satellite campus located about 1 mile south of the main campus.
More than 20 years later, more than 1,300 acres in Raleigh is used to employ 1,600 corporate and government employees and 1,350 university faculty and staff and to educate 3,400 university students, as well as 600 middle school students.
The transformation took some doing.
David Winwood, N.C. State associate vice chancellor for technology development and innovation and head of the Centennial Campus staff, said the university had to work with those directly affected by the new campus to ensure its success.
"Ultimately we took (our plan) to the city council planning group as a combined, united package (with the local neighborhood)," he said. "The City Council saw that both parties were in agreement, and it went through pretty smoothly."
Since then, NCSU officials have worked to maintain their strong ties to the community to ensure that they are working toward common goals.
"We work very hard to be good neighbors with the people living adjacent, businesses that are adjacent and certainly with city leaders," said NCSU Provost Larry Nielsen. "There is a constant conversation that is going on."
In another region of North Carolina, a biotechnology campus is being constructed to resurrect a community that all but died when the textile industry moved from the state.
The efforts of the UNC system and Dole Food Company Inc. combined last fall to introduce the N.C. Research Campus to Kannapolis, an area devastated by job loss when the textile company Pillowtex closed its mills in 2003.
While the situation bears obvious differences from that of Carolina North, a variety of parallels exist that could help resolve the problem in Chapel Hill.
Kannapolis Mayor Robert Misenheimer said constant communication between his city manager and system leaders, as well as with Dole representatives, has kept most contentious issues at bay.
However, N.C. Sen. Fletcher Hartsell, R-Cabarrus, acknowledged that the Kannapolis project was not all roses to start.
"There was probably some initial skepticism because it is different and new," he said. "A lot of times it does take a crisis to result in some very significant and affirmative activity, and I think that's what they've addressed.
"I think we all need to recognize that there is both the market for and a very significant need for education."
A 2004 state constitutional amendment has helped to alleviate the financial burden initially placed upon the city of Kannapolis.
The policy allows city officials to designate a certain project as tax-increment financing, granting them the right to place an additional tax on new developments in the district to be used for infrastructure improvements.
Misenheimer said that city officials would use the funding to rebuild roads, as well as to construct tunnels under busy roads to prevent traffic problems at particular intersections.
"We'll just be using their money to do that without our citizens having to be involved," he said.
Transportation is one issue that has been raised in recent Carolina North discussions, which are very similar to problems that initially plagued the Centennial Campus.
"Centennial Campus was poo-pooed by a great many people for transportation issues," said Russ Lea, UNC vice president for research.
Lea said a constant stream of buses was needed to maintain a steady flow of people from Centennial Campus to N.C. State's main campus.
"The Wolf Line was able to be highly successful when you have all the traffic of students and traffic of faculty," he said.
Yet Lea said the biggest mistake made was when NCSU officials forgot to bring home the bacon.
"The greatest frontier on Centennial Campus was food," he said. "I think most people will admit that was our biggest mistake - not bringing a central core of small cafes or eateries in initially.
"Food drives conversation."
Winwood said the greatest remaining obstacle for Carolina North is the relationship between the university and town.
"I think what I see as a challenge is a community that doesn't really see any growth beyond certain boundaries," Winwood said. "The reality is that the University needs to grow."
In the end, system officials need to remember the reason that they look to build the research campuses, Lea said.
"People have to interact to get the benefits of these campuses," he said.
"If they don't interact, then you're just renting offices."
Contact the State & National Editor at stntdesk@unc.edu.
(06/22/06 4:00am)
When legislators proposed a mandatory background check for students applying to any UNC-system school earlier this month, students and system leaders gave mixed reviews.
The UNC system cemented its position on Tuesday when Leslie Winner, system vice president and general counsel, went before the N.C. Senate finance committee.
"We don't support the legislature telling us that we have to do background checks on everyone," Winner said in an interview later that day.
"I think the university takes student safety very seriously, and our hope would be that the legislature would trust us to implement these recommendations without the need of legislation."
Two incidents at UNC-system schools have prompted lawmakers to discuss tougher security.
In 2004, two UNC-Wilmington students were slain and fellow students who had prior histories of violence were charged with the crimes. In 2006, a UNC-Chapel Hill alumnus drove a car through central campus intending to kill students.
Since 2004, the system has made many changes to the way it handles security.
For example, a database catalogues all students who have been suspended or expelled from the system in order to prevent their readmittance.
Admission officers have also been trained to recognize red flags that could result in criminal checks on a case-by-case basis.
However, as Winner pointed out, the same system committee that suggested those changes also warned against universal background checks, calling them intrusive and unnecessary.
As evidence, Winner said only 13 system students with prior criminal records were charged with violent crime on state campuses in the past three years.
About 250 system students were charged with a crime more serious than simple assault during that same time span, while about 250,000 students attended system schools.
And due to the UNC system's new procedures, 84 applicants have been denied admission to state schools.
With this information, Winner recommended that the background-checks bill be put aside.
"It primarily came from the chancellors," she said.
"I think that the chancellors generally do not think that checking every student that is admitted is a good way to ensure student safety."
Legislators are not entirely convinced. Senate Minority Leader Phil Berger, R-Rockingham, said he supports the goal of the bill.
"I think it's probably something that we need to think seriously about doing," he said.
"Students have, I think, a right to know whether there are other folks within the community that may have a history of violence of some sort."
Sen. Fletcher Hartsell, R-Cabarrus, said he remains unsure where his support lies.
"I think there are circumstances under which background checks would be useful," he said.
"I'm not sure a global requirement would be necessary."
As of press time, the legislation had not found its way out of the senate finance committee.
The bill could be re-referred to the Senate education or judiciary committees.
Contact the State & National Editor at stntdesk@unc.edu.
(06/22/06 4:00am)
It wasn't too long ago that the phrase "summer session," meant to describe meetings of the N.C. legislature in even-numbered years, was the biggest misnomer in state politics.
Fueled by disagreement between Democrats and Republicans, talks about the state budget - and, thus, legislative sessions - threatened to continue well after the leaves started falling from the dogwoods lining the Blue Ridge Parkway.
But this year, budget talks - and knowledge about the fate of UNC's coffers - look to be coming along quickly.
"There's always the possibility of getting bogged down on a particular issue, but it seems to be moving along," said Ferrel Guillory, director of UNC's Program on Southern Politics, Media and Public Life. "The issues that are dividing them are not huge."
The state House and Senate already have approved their own versions of the budget. Though there are differences - notably, the House's budget doesn't include non-appropriations provisions, such as an increase in the minimum wage to $6.15 and the addition of the N.C. School of Science and Math to the UNC system - leaders say they expect reconciling them to be easier than usual.
Why exactly it's happening is a point of debate.
Guillory said the legislature might be permanently moving toward a much simpler and open process.
"There's been criticism of the legislature for mixing non-budgetary issues into the state budget bill that critics say ought to be voted on separately," he said. "So the House, and to some extent the Senate, have begun responding to that criticism."
On the other hand, with the recent legal woes of House Speaker Jim Black, D-Mecklenburg, House leadership might only be moving to present a scandal-free budget process.
"It's not going to have an effect on the investigations or (Black's) political future, but a relatively short session in which the state's business got done in an efficient fashion would leave little time for voters to question how the legislature is being run," Guillory said. "And it leaves little time for Republicans, as the loyal opposition, to criticize the Democratic majority."
Senate Minority Whip Jerry Tillman, R-Randolph, said he didn't care what the reasoning is as long as the budget process changes.
"If it cleans it up and improves the process, then we all gain," he said. "The public doesn't want policy in a budget that's supposed to do with dollars and cents."
Senate Minority Leader Phil Berger, R-Rockingham, said he was pleased with the improvements to the process that the House worked into its proposal.
"I think they've responded to some legitimate criticism of how budgets in the past have been loaded down by special provisions that by all right ought to be debated fully and not just pop up in a budget," he said.
However, he echoed a common complaint of opposition: that Republicans don't get enough say on the budget in the Democratic-controlled legislature.
"These documents are written behind closed doors, and they are released to most members as an accomplished product," he said.
A legislative conference committee began work on the final budget Tuesday. Leaders continue to state that July 1 is the target date to have it completed
Contact the State & National Editor at stntdesk@unc.edu.
(06/15/06 4:00am)
RALEIGH -- Class sizes could stay small, course sections could stay on students' schedules and professors could make enough money to stay at state schools if the numbers in the latest legislative budget proposal wind up becoming law.
The state House's proposed budget, released early this week, funds all of the UNC system's top priorities.
That means full funding for enrollment growth and financial aid, as well as wage increases for staff and faculty. It also means none of the cuts to "discretionary spending" that UNC-Chapel Hill leaders dread because they force the University to offer fewer course sections and larger classes.
In combination with the state Senate's proposed budget, which also includes full funding for system priorities, the document has system leaders crowing.
"Overall, it is a great budget that is not that different from the Senate's," said Peter Hans, a member of the system's Board of Governors, during last week's board meeting.
Rob Nelson, UNC-system vice president for finance, reiterated the sentiment, noting that this is the first time in the past five years that the system has not suffered cuts.
"We're very pleased that they budgeted money for enrollment growth, financial aid and increased academic faculty salaries," he said.
The House budget provides about $79 million for enrollment growth and about $21.6 million for financial aid. The numbers, which are in line with the Senate's, mean that the system can meet its obligations to new and needy students without tapping into its reserves.
The House proposal would also award an annual salary increase of 6 percent to faculty and 5 percent to staff, with the greater of a one-time 2 percent or $850 bonus for both. That's a victory for UNC-Chapel Hill, which has put funding from tuition increases toward boosting faculty salaries in recent years to prevent professors from leaving the school for greener pastures.
Full funding for enrollment growth and financial aid aren't particularly unusual, as system schools received such a windfall as early as last year.
The lack of budget cuts, however, is rare - reflecting the state's positive budget outlook after years of deficits and tough decisions.
In contrast with the Senate's proposal, the House chose to remove all policy issues from its budget - including an increase in the state minimum wage to $6.15, which would affect resident advisers on Carolina's campus, and the inclusion of the N.C. School of Science and Math as part of the UNC system.
But both Nelson and Rep. Jim Crawford, a Granville County Democrat and a chief House budget writer, said they expect those provisions to become law after being approved in separate bills.
The House already approved the minimum-wage increase in a separate bill.
Many UNC employees, as state workers, make much more than the minimum wage. But student RAs receive the lowest legal pay possible: $5.15 per hour. Private employees, such as food-service workers, also could see their pay increase if the minimum-wage hike comes to fruition.
Food-service provider Aramark Corp. declines to discuss specific figures.
How the final state budget will come out remains uncertain. As of press time Tuesday evening, the House had not approved its own proposal.
If the House approves it and, as expected, the Senate rebuffs it, the legislation will be sent to a conference committee comprising both House and Senate members.
Legislators have designated July 1 as their target deadline to complete the document.
Contact the State & National Editor at stntdesk@unc.edu.
(06/15/06 4:00am)
Jim Phillips comes to the helm of the UNC system's policy-making body during a time of dramatic transformation among the system's leadership.
Voted in as the new chairman of the Board of Governors on June 9, Phillips is a major part of the reshuffling within the university's leadership that has come with recently installed system President Erskine Bowles.
As a 1979 graduate of UNC-Chapel Hill, a former Chapel Hill student body president, a member of the BOG since 1997 and a two-time chairman of the board's budget and finance committee, Phillips brings a wide assortment of skills to the table.
And he will need them as he negotiates the intricate challenges of tuition and enrollment growth, along with the increasing need for qualified teachers and nurses across the state.
"We've got to go back and think strategically," Phillips said in a press conference after being approved Friday as the next chairman.
"What are the needs of our university? How do we best spend the people's money to help the people?"
Outgoing board Chairman Brad Wilson said he didn't anticipate drastic changes to the board during Phillips' two year stint as chairman. Wilson and Phillips have worked closely together, particularly when Phillips served as the governors' point man on financial issues.
But Wilson noted that Phillips might be inclined to decrease the number of committees and the number of meetings for the sake of efficiency - an early hallmark of Bowles' presidency.
Phillips said he recognizes the potential for his leadership to have a dramatic effect on people across the state.
"We are literally, along with millions of other people in the state, remaking this state's economy," he said. "I am confident that we can do that job."
Nelson Schwab, chairman of the UNC-CH Board of Trustees, said he didn't foresee any potential conflicts with the new BOG chairman.
That will tend to happen when the head honcho of the system used to be a student leader at its flagship school.
"I think the (UNC-CH) board and the system are more together now than they have ever been," said Schwab, who has come under fire from backers of the system for what they have perceived as Chapel Hill trustees' slights - including a push last year for the flagship to be able to set its own tuition rates instead of putting the matter before the BOG.
"I hope that we can keep that going. I think it benefits everybody to have open communications."
Schwab did note one issue that the two boards would need to work diligently to resolve.
"I'm sure that tuition will rear its head come the fall," he said.
In previous discussions concerning tuition, Phillips supported a proposal to use peer institutions as guidelines for tuition rates, a format that would allow for regular increases in rates, Schwab said.
"I know that when we had meetings last fall of the tuition task force, he was involved and very supportive of (the policy)," he said.
Schwab added that he did not know where Phillips now stands on the issue.
Such a collection of controversial issues are destined for Phillips' desk, and he said he is ready to take them on.
"There is no doubt that this university will - indeed, must - lead the way in the future," he said.
It remains to be seen in which direction that leadership will go.
Contact the State & National Editor at stntdesk@unc.edu.
(06/15/06 4:00am)
by stephen moore
state & national editor
As financial leaders across the country claim that interest rates must go up - and with Congress following suit - students need to decide how best to handle their loans.
Federal Reserve Chairman Ben Bernanke has hinted that policy-makers will continue to raise interest rates, which in turn has spurred Congress to increase rates on student loans.
It could dramatically impact how much students owe when it comes time to pay up.
Here's the 411:
Q: What is loan consolidation?
A: Consolidating a loan allows the borrower to combine several loans into one and spread out payments over a longer period of time than the standard 10 years that federal loans require - sometimes up to 30 years.
By stretching out payment on the loan, the amount owed each month is decreased.
Q: How do interest rates affect student loans?
A: With a loan that has not been consolidated, students pay the current national interest level for each monthly payment. If interest rates go up, so does the amount owed. If they go down, then the total amount owed goes down.
Doing this can be risky during unstable market times, as one bad month in which interest rates skyrocket could see a student's bill skyrocket as well.
Consolidated loans, on the other hand, lock the interest rate at the level that the loan started at.
Interest on consolidated loans is capped at 8.25 percent.
Thus, with interest rates on the rise, it could be better to consolidate a loan so that overall payments don't go up.
However, if interest rates remain low, the borrower could be paying for more than he needed.
Q: Can I consolidate my loans?
A: The standard belief is that a student with bank-based, federal student loans can only consolidate once the student starts to pay the loans back.
However, a loophole allows students to consolidate their loans while still in school by asking that they be put in repayment status early. Thus, the interest rate is locked into place.
Students must then ask for an in-school deferment to keep from having to pay until after graduation.
This loophole will officially close July 1 due to the Deficit Reduction Act of 2005.
Students can also consolidate their loans multiple times if they include an unconsolidated loan in the package. This, however, does not relock the interest rate.
Q: What's the bottom line?
A: By consolidating a loan, students can either reap certain benefits or possibly lose out big time - though, with interest rates seemingly poised to stay high, now is as good of a time as any to do so.
Thankfully, a variety of groups -- including the College Foundation of North Carolina - offer loan consolidation as well as general tips on the process. Most students at UNC probably have loans through CFNC and can contact the group with more questions.
Contact the State & National Editor at stntdesk@unc.edu.
(05/25/06 4:00am)
RALEIGH - The recently released N.C. Senate budget proposal holds North Carolina public school, community college and university faculty as well as other state employees in high esteem - at least financially.
The proposal would raise the salary for university and community college personnel an annual 6 percent and designate a one-time 2 percent bonus.
Public schoolteachers were given an annual 8 percent increase in the proposal, as were faculty at the N.C. School of the Arts.
State employees would find themselves with an annual 5 percent increase in their salaries.
Gov. Mike Easley's budget proposal, which came out in early May, suggested an 8 percent increase for teachers with only a 4 percent increase for state employees.
All of these salary increases would be given equally to the members of each group, unlike the meritorious awarding of bonuses that has occurred in previous years.
While the figures represent major increases for the various employees of the state, controversy has erupted over the difference in increases between state employee salaries and the salaries of teachers and faculty, with several legislators suggesting that the they should be the same across the board.
"I think it is really time to give (state employees) a raise," said House Majority Whip Larry Bell, D-Sampson. "I think the gap is too far."
But Senate Majority Leader Tony Rand, D-Cumberland, said there is a need to give teachers the greater increase.
He said that would be one step in the right direction for education, noting North Carolina's low ranking among states in acquiring highly skilled teachers.
"We're having a difficult time (hiring teachers)," he said. "We need to get ourselves a competitive advantage."
The will of the people was the reason Sen. Jeanne Lucas, D-Durham, said she supported the difference in pay.
"Polls show that people are really supportive of giving teachers a greater percentage," she said. "I think that's what the poll briefing showed us."
Sen. A.B. Swindell, D-Nash, said he believes the issue warrants more debate and discussion as legislators hammer out the details of the budget and work to find a solution they can all live with.
He also noted that the Senate had done its best to fulfill its prior promise to raise state employees wages by 5 percentage points.
"We all hear about our critical teacher shortages in North Carolina," Swindell said.
"I wish we had the money, like many of us, to do more for state employees. I think we have made a good-faith effort."
The state House's response to the legislation will not come for several more weeks, as its leaders are busy working on their own budget proposal.
Members of the General Assembly have designated July 1 as the target date by which they hope to finalize the budget.
As of press time, the budget had not passed through the N.C. Senate.
Contact the State & National Editor at stntdesk@unc.edu.
(05/25/06 4:00am)
RALEIGH - Hidden in the depths of the newly released N.C. Senate budget is the possibility for a sharp increase in the state's minimum wage.
If passed, the lowest-paid employees across the state - including many at UNC - would see their income increase to $6.15 per hour from $5.15 per hour.
The provision has a high likelihood of passing, said Senate Majority Leader Tony Rand, D-Cumberland.
"I believe it will pass," he said, adding that North Carolina citizens deserve the increase. "You ought to recognize the value of the people that are working."
However, Sen. Phil Berger, R-Rockingham, said the legislation should not have been included in the budget proposal and instead should be debated on its own merits.
Placing the proposal in the budget doesn't allow for discussion, as the budget is voted on as one lump bill.
"Minimum wage is more of a federal issue than a state issue," Berger said. "We need to look at the bigger picture than just North Carolina."
Several jobs at UNC, including those of resident advisors and community office assistants, could be affected by the increase, as they are paid minimum wage.
"Minimum wage is pretty low," said Ashleigh Jackson, a Craige Community RA for the 2006-07 school year. "(With the increase) I think you get more applications, and you probably get more qualified applications."
However, Jackson said she would be concerned that in gaining a pay increase, she might be losing something more valuable.
"I would suspect that if they raise the pay by a dollar, then they would probably drop some of the benefits, too," she said, noting the reduced housing payments and Flex account stipend resident advisors receive.
Whether minimum-wage legislation would pass the N.C. House remains uncertain. But with a minimum-wage increase bill passing in the House in August 2005, the current proposal could see little opposition.
The 2005 proposal would have increased the minimum wage to $6.00, but the legislation never made it out of committee in the Senate.
House Majority Whip Larry Bell, D-Sampson, said he supported the increase.
"I think it is needed," he said, adding that he had sponsored the wage increase legislation before. "I think it is past time."
Sen. Ellie Kinnaird, D-Orange, said she did not think there would be much difficulty in passing the proposal.
"Both of (the houses) are in favor of it, but there may be technical concerns related to federal law," Kinnaird said. "Certain things are subject to the minimum wage on the federal level."
With the costs of food and gas, Sen. Jeanne Lucas, D-Durham, said citizens need an increase in pay.
"People need a decent wage in order to have a good life," she said. "It is taking so much money for them to live well. It is just expensive to live in North Carolina."
Contact the State & National Editor at stntdesk@unc.edu.
(05/18/06 4:00am)
RALEIGH - Many North Carolina legislators have called for a variety of changes because of concerns that money from the new lottery might be used to supplant money from the General Fund already earmarked for education.
A watchdog committee will be created within the N.C. General Assembly to monitor lottery activities and spending, said Senate President Pro Tem Marc Basnight, D-Dare.
Currently in the form of a bill sponsored by Senate Majority Leader Tony Rand, D-Cumberland, the legislation would create the Lottery Oversight Committee, a nine-member panel to oversee spending.
The panel would receive reports from the Lottery Commission, the state treasurer and local governments providing public education, as well as other organizations, and would produce two reports per year.
While the panel would not be able to enforce any recommendations it might have, the General Assembly would, Rand said.
"The people that they respond to would have the authority to change the people making the decisions (concerning the lottery)," he said.
Three panel members would be selected by the N.C. House, three by the N.C. Senate and three by the governor.
Another proposal, by Sen. Richard Stevens, R-Wake, would create a constitutional amendment to prevent the supplanting of educational funding.
"A lot of us were concerned by supplanting," he said.
The proposed amendment would create a new section in the N.C. Constitution specifically stating that revenue from the lottery would only go to education and would not replace existing funding for public schools and higher education.
Basnight said that legislators should be careful when amending the constitution.
"I wouldn't use the constitution to make law," Basnight said, noting that it could set a dangerous precedent for future assemblies.
House Majority Whip Larry Bell, D-Sampson, said that he might favor the creation of a committee over a constitutional amendment.
"Somewhere down the line, someone needs to monitor (the lottery)," he said. "I'm kind of hesitant to change the constitution."
Sen. Fletcher Hartsell, R-Cabarrus, said the only way to ensure that lottery funding would be used for new areas in education would be to create entirely new programs to fund.
"Anything other than that makes the situation susceptible to supplanting," he said.
A press conference is scheduled for Wednesday by members of the House to discuss the future of such proposals and a way to ensure that lottery money would only be used for education. As of press time, it was unclear as to what the conference would divulge.
Basnight said that ultimately, there was no way to control future assemblies' priorities, noting that they may not choose to use all proceeds from the lottery for education.
"You can't tell another assembly what they can or can't do," he said. "You may find another assembly does not want that."
Contact the State & National Editor at stntdesk@unc.edu.
(05/18/06 4:00am)
RALEIGH - A flood of campaign finance reform has hit the N.C. General Assembly as legislators work to close loopholes and clarify discrepancies.
Bills that would address issues such as barring lobbyists from serving as campaign treasurers and decreasing allowed cash donations from $100 to $50 have bombarded the N.C. House of Representatives.
Ten bills recommended by the House Select Committee on Ethics and Government Reform would be greatly beneficial to the reform effort, said House Majority Leader Joe Hackney, D-Orange.
"I think we are dealing with issues that have arisen and are trying to respond appropriately," Hackney said. "In modern day politics, being forced to raise money is just something that we are all forced to deal with, and it's a problem."
This increased attention toward campaign finance stems from the investigation of House Speaker Jim Black, D-Mecklenburg, by the state Board of Elections earlier this year for possible campaign violations.
House Majority Whip Larry Bell, D-Sampson, said one of the biggest problems was that legislators aren't always aware of laws governing campaign finance. However, Bell added that this did not justify such actions.
"People say that ignorance of the law is no excuse, but we as legislators need to work within the scope of the law," he said.
But prohibiting lobbyists from giving blank checks to legislators, one of the ten bills, was a step in the right direction, Bell said.
"They need to know where the check is going, and they need to know, or the committee needs to know, where the check is coming from," he said.
Senate President Pro Tem Marc Basnight, D-Dare, voiced concern about a person's ability to raise funds and how it might influence their ability to become a member of the General Assembly.
"There are people of small means who should be able to serve within this body," Basnight said. "You don't want to eliminate them from this body."
One proposal that Bell said concerned him pertains to the definition of what types of gifts legislators would be allowed to accept, particularly in reference to a section that would prohibit legislators from accepting a meal from a lobbyist.
"I think it's an insult that some people can buy you lunch and that that would change your mind, that you would be that fickle," Bell said.
How these proposed changes could affect the legislature remains uncertain while they remain in the House Judiciary I Committee.
Bell said legislators should continue to be cautious of overly dramatic changes to campaign financing methods.
"I think many times if we're not careful, we may overreact to something that was not a problem in the first place."
Contact the State & National Editor at stntdesk@unc.edu.
(04/26/06 4:00am)
A proposal sent by nonfaculty employees to the UNC-system general administration might have ruffled some feathers among university leadership.
The measure would create a unified forum to represent employees directly to system leaders, said Ernie Patterson, chairman of the UNC-Chapel Hill Employee Forum.
With forums reporting directly to the chancellors at their institution, this new system possibly could circumvent university leadership, a touchy subject that should be approached with caution, said Leslie Winner, general counsel for the system.
"I think one of the areas of concern is that most of the decisions that affect staff employees are made at the campus level," Winner said.
"And you wouldn't want to do anything to undermine the managerial abilities of the chancellors of the campuses."
However, she added that such a forum would have a number of possible benefits, with representatives able to debate systemwide issues such as health care and pay rates.
"If we wanted to try and get the state to change any of that, it would be more effective to do that with a body that was unified," Winner said.
Employees from the 16 campuses united to create the proposal that would create a body incorporating three representatives from each university, Patterson said.
"All of the forums have voted to support the creation of a UNC staff assembly at the (general administration) level," Patterson said.
The measure rests atop the desk of system President Erskine Bowles, who has the authority to alter it, Winner said.
"I think that President Bowles is giving serious consideration to it and that there will be a decision before too long," Winner said.
But just how long remains uncertain. The proposal will be discussed with chancellors during a May meeting, said Jeff Davies, Bowles' chief of staff.
"If they do approve it, we would sit down and formalize those bylaws that each campus would then choose their appropriate representatives," Patterson said.
Systemwide representative bodies already exist for both university faculty and students in the form of the UNC-system Faculty Assembly and Association of Student Governments.
Patterson said he would like to see nonfaculty employees given the same opportunity.
"I think that the most important thing is for the (general administration) to recognize that this is all of the forums saying that, like we help our universities, we want to help the system," he said.
Now it becomes a waiting game, with Bowles and university leaders sitting in the driver seat.
"We have asked them," Patterson said. "We are waiting for them to respond to us."
Contact the State & National Editor at stntdesk@unc.edu.
(04/19/06 4:00am)
RALEIGH - There will be no changing of the guard for House leadership in the N.C. General Assembly.
At least not yet.
In a closed meeting lasting well into the night Tuesday, the House Democratic caucus decided to keep House Speaker Jim Black, D-Mecklenburg, in his current position through the 2006 short summer session.
"Speaker Black has the overwhelming support of his caucus," said Rep. Bill Faison, D-Orange.
However, if Black wins re-election to his district this fall and Democrats maintain control of the House, he will face an onslaught of opposition in the 2007 speaker elections.
"If the Democrats are in the majority, then I will be running for Speaker," Black told reporters after the caucus.
The debate about Black's position stems from legal woes - he was investigated by the state Board of Elections earlier this year for possible campaign violations.
"I think it was time for us to have the discussion and I think the discussion was good," said House Majority Leader Joe Hackney, D-Orange.
The board referred the case to the Wake County District Attorney's office March 23.
Many Democrats announced during the caucus their intention to run for the speakership in 2007, said Rep. Dewey Hill, D-Columbus.
"That will be an open field in 2007," he said.
The speaker election will be held in January.
Questions have been raised as to how Black's ongoing troubles might affect Democrats' competitiveness during the November elections.
Black said there would be no problems as most districts focus on their own candidates.
"I'm running in Mecklenburg and if they have a problem with me they need to come to Mecklenburg," he said. "As long as (other Democratic candidates) don't get distracted and stay on the issues they'll be fine."
Hackney maintained a similar point of view about the upcoming elections.
"Controversy around the speaker is not the best thing but a lot of our members felt that it was the case that a lot of the races are primarily local," he said.
As for the pending session, which starts May 9, the main issues will be health care, education and jobs, Black said.
"We are going to stay focused in the short session," he said.
Hackney said campaign finance reform would be another major talking point.
He also alluded to the impending battle against Republicans in the upcoming election.
"We just want to make sure that our caucus operation is competitive because we expect a lot of big money coming into the Republican caucus this time and we can't just lay down," Hackney said.
"You can just kind of see it coming."
Contact the State & National Editor at stntdesk@unc.edu.
(03/30/06 5:00am)
Affirmative action, once believed to be the racial equalizer for higher education, is being used to give men an edge in admissions at Kenyon College, in Ohio.
Noting the trend of more female than male applicants to colleges, Jennifer Delahunty Britz, admissions dean at Kenyon, wrote last week in a New York Times op-ed piece that the university's application process is more lenient toward male applicants.
With 13 of the 16 UNC-system schools, including UNC-Chapel Hill, enrolling more women than men, such trends appear prevalent in-state as well. UNC-CH's fall 2005 enrollment was 42 percent male.
But just how great an impact Kenyon's example could play on system schools can be found buried deep within Title IX, the gender-oriented educational amendment instituted in 1972.
The law denies public undergraduate schools and both public and private graduate schools from using gender to choose incoming students, said John Boger, a
UNC-CH law professor.
However, private undergraduate programs, such as Kenyon College can use gender legally as a factor in deciding who is admitted, he said.
And while a gender-based form of affirmative action might not appear on system campuses anytime soon, it remains a relevant issue for other nearby schools.
Christoph Guttentag, dean of undergraduate admissions at Duke University, said admissions decisions are tough ones, with factors apart from gender weighing heavily.
"When we are considering similarly qualified applicants and we are looking at any number of a dozen or two dozen factors, we think it is legitimate under those circumstances to include gender in the mix."
While gender can't be a primary focus of admission at N.C. State University, it still is a factor in the overall decision process, said Laura McLean, senior associate director of admissions.
"We do a wholistic review and try to make as consistent and realistic decision as we can based on building a diverse freshman class."
At the end of the day, every university must decide what kind of student is best for its future, Guttentag said.
"So what admissions is about ultimately is creating a student body that's right for that institution at that point of time."
Contact the State & National Editor at stntdesk@unc.edu.
(03/22/06 5:00am)
N.C. lottery opponents ran low on luck Wednesday when their lawsuit was dismissed by Superior Court Judge Henry Hight.
In his decision, he noted several reasons as to why the N.C. Institute for Constitutional Law, which filed the case, was wrong to allege that the lottery is unconstitutional.
The institute argued that the lottery was approved in an unconstitutional manner.
It contends that the legislation should have been considered a revenue bill, requiring three readings on three separate days.
Instead, the N.C. General Assembly pushed it through in one day amid shouts of disapproval.
Hight discredited the main argument that the lottery is a tax, stating that "the Lottery Act does not provide for the raising of money on the credit of the state."
Robert Orr, executive director of the institute, said that he is unhappy with the decision, and that he would further discuss with his clients as to whether they should pursue appealing the case.
"I think we were certainly disappointed that the arguments that we had advanced about the unconstitutionality of the lottery were not persuasive to the judge," Orr said.
"We felt strongly, and still do, about the merits of our argument."
Orr said that if they decided to appeal, they most likely would ask to skip over the appellate court and go straight to the state Supreme Court.
Rep. Paul Stam, R-Wake, is a plaintiff in the lawsuit along with Sen. Eddie Goodall, R-Union, and the N.C. Common Sense Foundation. Stam said he is ready and willing to push the case to the next level.
"Well it's a pure question of law, and this judge was, respectfully, wrong, and we're going to ask for an appeal," he said. "Kill that snake called the lottery."
Until they make a decision on whether to follow up with an appeal, it appears as if the lottery will remain on track, with scratch-off tickets going on sale a week from Thursday.
During a meeting of the lottery commissioners Tuesday, Tom Shaheen, executive director of the lottery, addressed several final concerns.
The number of retailers selling tickets has reached 4,381 with the possibility of about 5,000 by March 30, he said.
Of those already on board, only 11 facilities are not fully trained to administer the lottery.
The only other problems that could inhibit the process would be a storm preventing delivery of the tickets or the possibility of software difficulties as several different technologies are continuing to be tested, he added.
Shaheen also addressed concerns as to how the state would be affected by noting that a lottery is not new to the region. North Carolina is surrounded by lottery states.
"It's not an issue anymore," Shaheen said. "Lottery players are going to play the lottery in the state they're in unless a border state has a huge jackpot."
As it stands, it appears the lottery has an uninhibited path.
"The only things that can go wrong at this time are logistics," Shaheen said.
Contact the State & National Editor at stntdesk@unc.edu.
(02/28/06 5:00am)
Since the U.S. Senate's December denial of the USA PATRIOT Act, senators have been working furiously to hammer out the details of a remodeled version.
The reauthorization remains on unsteady ground as senators continue to disagree about the appropriate extent of the executive branch's power.
But the debate has subsided recently because of an amendment proposed by Sen. John Sununu, R-N.H., on Feb. 10. The amendment garnered bipartisan support.
A vote for cloture, a Senate tactic that would block potential filibusters, is scheduled tentatively for this afternoon. If the vote succeeds, a final vote on the legislation might occur Wednesday.
Some of the most controversial issues in the Senate's discussion of the act include:
Judicial review of FISA
The Foreign Intelligence Surveillance Act of 1978, known as FISA, was altered by the initial PATRIOT Act to allow intelligence investigators to obtain secret warrants during investigations of terrorist activities within the United States.
Investigators must go before the Foreign Intelligence Surveillance Court to obtain the warrants. Upon receiving permission to obtain a secret warrant, an agent will present the FISA order to whomever he is investigating.
The Sununu Amendment shortens the length of time, to one year, that a recipient of a FISA order must wait before having the option to petition its legality.
William Banks, director of the Institute for National Security and Counterterrorism at Syracuse University, said the government prefers FISA orders because they are easier to obtain than regular warrants from a magistrate.
"Sneak-and-peak" search
The PATRIOT Act does not ensure that government agents inform the homeowners that their homes have been searched within seven days, according to a statement released by the office of Sen. Russ Feingold, D-WI.
The senator calls for the deal to better ensure that homeowners are informed within seven days of the physical search.
"Folks are concerned about this, that you could do a search, and you wouldn't have to tell them until after the fact," said John Dinan, professor of political science at Wake Forest University.
National Security Letters
The PATRIOT Act gives the FBI the ability to subpoena information by going directly to a judge, avoiding the longer process of obtaining a warrant.
The Sununu Amendment allows for recipients of such subpoenas - or letters - to discuss it with a lawyer without disclosing to the FBI that they have done so.
If the revised PATRIOT Act passes, this subpoena process would be made a permanent capability, as opposed to being a temporary four-year law, as it is now.
Feingold claims that the provision should be up for review at least every four years to permit further Congressional discussion.
"(Senators are) still arguing on what kind of limits to impose on National Security Letters," Banks said.
Library records
The Sununu Amendment provides privacy for the records of library patrons, including records of their use of the Internet, books, journals, magazines, newspapers and other informational media.
"The reason why the PATRIOT Act permits these types of searches is to better prevent 9/11 types of attacks," Dinan said. "(Critics have) raised the question, 'Should we be concerned that the government can search through somebody's library records?'"
Sen. Barack Obama, D-IL, praised the amendment during a floor speech Feb. 16.
"This compromise does modestly improve the PATRIOT Act by strengthening civil liberties protections without sacrificing the tools that law enforcement needs to keep us safe," he said in the speech.
Contact the State & National Editor at stntdesk@unc.edu.
(01/24/06 5:00am)
For the first time states across the country are averaging greater spending for Medicaid than elementary and secondary education, according to a report released this month.
But North Carolina, contrary to national trends, continues to allocate more for K-12 education - $6.6 billion this fiscal year - more than twice as much as for Medicaid.
The gap is decreasing, however. With the overall budget planned to increase by approximately $268 million in 2006-07, more than $240 million extra is expected to go toward Medicaid spending with more than $28 million dropped from primary and secondary education.
"The (N.C.) General Assembly is targeting other programs," said Paul LeSieur, director of school business services for public schools in North Carolina. "Medicaid is a big bearer of it."
This move will further decrease the percentage of the state budget designated for K-12 education, which this year fell below 40 percent for the first time, LeSieur said.
Nationwide, states on average spent about 21.9 percent on Medicaid as opposed to 21.5 percent on K-12 education for the 2004 fiscal year, according to the State Coverage Initiatives report.
Medicaid was expected to grow by 8.8 percent during the 2005 fiscal year.
But a greater percentage set for education could greatly reduce the need for Medicaid, said Sen. Jeanne Lucas, D-Durham, co-chairwoman of the Senate education and higher education committee.
"We feel that if you support education, that people will be able to gain a livelihood and take care of themselves," Lucas said.
During the last few years Medicaid spending has grown between roughly 8 percentage points to 10 percentage points each year, said Sen. William Purcell, D-Scotland, co-chairman of the Senate health care committee.
"There are a lot of programs in Medicaid," he said. "The real reason that Medicaid is going up is because the cost of health care has gone up.
"If you could get a handle on the cost of health care, you could get a handle on the cost of Medicaid."
The problem does not rest solely on the shoulders of the state legislature but calls for a greater effort from the federal government, said Sen. Charles Albertson, D-Duplin.
"It's a national problem that we have got to address and try to get a handle on," he said. "There's got to be some major reforms in the Medicaid department."
The initiatives report was a definite point of interest, said Senate Minority Leader Phil Berger, R-Rockingham.
"It would surprise me that states spent more on Medicaid in state dollars than states on public education," he said. "It would not surprise me that the Medicaid part increased faster."
As far as North Carolina is concerned, greater spending on education than Medicaid is not likely to go away in the near future, Berger added.
"I would think that would continue to be the case for as far in the future as I can see."
Contact the State & National Editor at stntdesk@unc.edu.
(01/19/06 5:00am)
Through a series of coordinated press conferences held across the state, N.C. Students for Equitable Lottery Funding launched its campaign to secure future lottery funds for charter school students.
The organization is asking for $100 per student per year, which would total about $2.7 million based on current enrollment figures.
"We think that those students are entitled (to funds)," said Simon Johnson, executive director of the N.C. Charter Schools. "They should not be treated any different financially."
Because of a legislative oversight, charter schools were left off the lottery legislation when it passed in August, said Tom Vass, chairman of the state executive council of N.C. SELF.
"That error needs to be fixed so that the students that attend the public schools - charter schools - get the same benefits," he said.
"Our approach . is to point out to members of the General Assembly that there is a flaw in how the legislation reads and it's up to them to overcome that," Vass added.
But Rep. Marvin Lucas, D-Cumberland, said the charter schools are asking for funds after failing to do so while the legislation was being drafted.
"I think they're tagging on after the fact," Lucas said. "I wish they had come along (before) and said, 'We want to be a part of it.'
"That would have been the time to say it."
Lucas said it might be a while before charter schools could be included in the lottery.
"Maybe later on once we get it up and running, but certainly not now," Lucas said.
In the meantime, N.C. SELF leaders plan on holding a wide variety of press conferences and community meetings throughout the state to spread their message, Vass said.
"Essentially for the next year or so what we need to do is not so much hit a home run but be a part of the broader process of what the lottery is and make sure that charter schools are in the process," Vass said.
"Right now we're trying to be a player in the game."
Contact the State & National Editor at stntdesk@unc.edu.
(01/12/06 5:00am)
A panel of educational law experts spoke Wednesday at the Law School Rotunda about the controversial Leandro case and its implications for education in North Carolina.
(01/11/06 5:00am)
Firing off question after question, members of the Senate Judiciary Committee probed Supreme Court nominee Samuel Alito throughout the day Tuesday regarding his judicial ideologies and past rulings.